Santa Cruz City Council
April 22, 2025

COOPERATIVE PURCHASE AGREEMENT
THIS COOPERATIVE PURCHASE AGREEMENT (“Agreement”) is entered into as of __________________, 2025 (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 Grant Street 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 Agreement is with the City.

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 of Purchase (the “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. 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.

24.3 City of Santa Cruz Cooperative Purchase Agreement

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 conditions 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: (1) this Agreement, (2) the Terms and Conditions, (3) the Exhibit A Statement of Work, and then (4) 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 two hundred and eighty eight thousand nine hundred and ninety one dollars and forty seven cents ($288,991.47) (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 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):

24.4 City of Santa Cruz Cooperative Purchase Agreement

"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 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. Compliance with Laws. All activities of Vendor, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations, including all applicable licensing requirements. Vendor further agrees to comply with the current City of Santa Cruz Business Tax requirements and the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Ordinance chapter 3.09, or otherwise Vendor may be subject to penalties including being declared an irresponsible contractor.

2. 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. If applicable, Vendor agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.

3. 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

24.5 City of Santa Cruz Cooperative Purchase Agreement

(written or oral), the terms of this Agreement shall control.

4. 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 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.

5. Contract Interpretation. Each party acknowledges that it has reviewed this Agreement 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 Agreement.

6. MacBride Principles/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.

7. 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.

8. 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.

9. 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]

24.6 City of Santa Cruz Cooperative Purchase Agreement

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
3/31/2025

24.7 EXHIBIT A

24.8 NPP CONTRACT

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

ROSS RECREATION EQUIPMENT, INC.
100 BRUSH CREEK RD, #206 SANTA ROSA, CA. 95404
707.538.3800 - [email protected]
Quote #: 00045853
Quote Name: Grant St. Park
Playground Design #1190612-02-03
Quote Total: $288,991.47
NPP Contract: PS21070
Shipping Address:

Grant Street Park
Grant St @ May St
Santa Cruz, California 95060
Billing Address:

Santa Cruz Purch., City of
323 Church Street
Santa Cruz, California 95060
Quote Date: 2/27/25
Expiration Date: 5/27/25
100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68-0103540 • DIR 1000003500

Opportunity Name Lead Time Sales Representative Payment terms Grant St. Park Playground 6-8 weeks Casey Hilbert Net 30 On Materials Shipment

QTY PRODUCT DESCRIPTION UNIT PRICE SUBTOTAL

1.00 PlayBooster
, 2-5
Landscape Structures PlayBooster Design #1190612-02-02 for Ages 2-5, Colors TBD
$68,930.00 $68,930.00

1.00 PlayBooster
, 5-12
Landscape Structures PlayBooster Design #1190612-02-03 for Ages 5-12, Colors TBD
$118,700.00 $118,700.00

1.00 NPP Ross
Discount
7% NPP Purchasing Contract Discount on Play Equipment ($13,134.10) ($13,134.10)

1.00 Install - Play
Equipment
Installation of Landscape Structures Design #1190612-02-03 by a manufacturer certified installer.
* Project DIR # needed for state prevailing wage projects. Quote does not include any union or federal wage requirements.
* 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. * Includes 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.
* Assumes installation of footings through native soil or compacted base rock. If installing through concrete a change order may be required. $65,670.00 $65,670.00

1.00 Rentals Temporary Fencing for duration of project $1,600.00 $1,600.00

1.00 Bond Payment & Performance Bonds (3%) $8,417.22 $8,417.22 Totals
County/ City Tax (Santa Cruz County/ Santa Cruz 9.7500 %) Materials $174,495.90 Sales Tax $17,013.35
Labor/ Fees $75,687.22
Freight $21,795.00
Total $288,991.47
Notes to Customer

24.9 EXHIBIT B

24.10 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.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 Exhibit B

24.11 2

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

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

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

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

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

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

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

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

ARTICLE 2 – AGREEMENT TO SELL

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

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

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

2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.12 3
printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties.

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

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

2.6 Extension of contract terms to Participating Agencies:

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

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

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

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

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

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

ARTICLE 3 – TERM AND TERMINATION

3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.13 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.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.14 5
ARTICLE 5 – INSURANCE

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

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

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

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

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

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

ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS

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

The amount and type of insurance coverage requirements set forth herein will in no way be construed as DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.15 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.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.16 7
ARTICLE 10 - COMPLIANCE WITH LAWS

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

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

ARTICLE 11 – PUBLICITY / CONFIDENTIALITY

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

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

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

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

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

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.17 8
ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:

If to Lead Contracting Agency:

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

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

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

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

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.18 9
ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.

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

ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT

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

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

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

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

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

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.19 10
ARTICLE 24 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.

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

PURCHASER:

Signature: ____________________________________
Printed Name:

Title: ____________________________________________

LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:

Signature: ______________________________
Printed Name:

Title: _____________________________
Ross Recreation Equipment Company, Inc.

Dated: ____________________________
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 March 22, 2021 | 5:39 PM PDT
Accounting Manager
Heather Hailey
Executive Director
Mike Cully
March 22, 2021 | 8:57 PM PDT

24.20 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%
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

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

AVAILABLE 2021 PRICE LISTS INCLUDED IN PROPOSAL APPENDIX.

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

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

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

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

Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. [ A current list may be obtained from Vendor.] DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.22 13

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

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

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.23 14

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

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

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

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.24 15

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

Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.) DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.25 16

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

Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.) DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.26 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

24.27 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.

24.28 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

24.29 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.

24.30 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.

24.31 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.

24.32 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

24.33 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

24.34 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

24.35 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

24.36 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

24.37 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

24.38 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: _____________________

24.39 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)

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

1.0 GENERAL QUESTIONS:

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

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

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

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

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

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

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

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

24.41 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.

24.42 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.

24.43 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.

24.44 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]

24.45 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]

24.46 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]

24.47 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

24.48 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

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

24.50 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:

24.51 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.

24.52 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.

24.53 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

24.54 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:

24.55 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 _________________

24.56 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.

24.57 (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.

24.58 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

24.59 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

24.60 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

24.61 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

24.62 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

24.63 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.

24.64 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.

24.65 17

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

ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

24.66 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

24.67 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

24.68 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/29/2020 5:54:29 AM Parties agreed to: Heather Hailey, Mike Cully

24.69 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:

24.70 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.

24.71 EXHIBIT C

24.72 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

24.73 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 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

24.74 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 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.

24.75 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 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.

24.76 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 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

24.77 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 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

24.78 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 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.

24.79 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 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.

24.80 EXHIBIT D

24.81 City of Santa Cruz Cooperative Purchase Agreement

EXHIBIT D
Insurance Requirements
Vendor shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Contract and the results of that work by Vendor, its employees, subcontractors, and agents.

A. 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, 1200 Pacific Avenue, Suite 290, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required as specified below.

B. MINIMUM SCOPE AND LIMITS OF INSURANCE
Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. If Vendor maintains broader insurance coverage and/or higher limits than the minimums shown below, the City of Santa Cruz requires and shall be entitled to the broader insurance coverage and/or higher limits maintained by Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.

Vendor shall procure and maintain insurance coverage and surety bonds during the term of the Contract as follows:

1. Commercial General Liability Insurance. (CGL): $2,000,000 PER OCCURRENCE. Proof of coverage for $2 Million per occurrence, including products and completed operations, property damage, bodily injury, personal 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.

2. Automobile Liability Insurance. $1,000,000. Proof of coverage for not less than $1,000,000 per accident for bodily injury and property damage 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).

3. Workers’ Compensation and Employer’s Liability Insurance. Worker’s Compensation as required by the Labor Code of the State of California with statutory limits, and Employer’s Liability Insurance for all employees in workplaces involved in this Contract in the amount of, at least, $1,000,000 per accident for bodily injury or disease. The Certificate of Insurance shall include waiver of subrogation.

24.82 City of Santa Cruz Cooperative Purchase Agreement

4. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Endorsement. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL CPL, and automobile insurance (if transporting hazardous materials) policies with respect to liability arising out of work or operations performed by or on behalf of 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 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 CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
b. Primary Coverage. For any claims related to this Contract, Vendor’s insurance coverage shall be primary insurance as respects the City, its officials, officers, and employees, individually and collectively. Any insurance, self-insurance, or other coverage maintained by the City, its officials, officers, or employees shall be in excess of Vendor’s insurance and shall not contribute to it. c. Notice of Cancellation. The policies specified above are to state that coverage shall not be canceled by either party, except after prior written notice to the City. d. Waiver of Subrogation. Vendor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to effectuate 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. e. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retention must be declared to and approved by the CITY. CITY may require Vendor to 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. f. Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A-VII or equivalent or as otherwise approved by CITY. g. Subcontractors. Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City is an additional insured on insurance required from subcontractors.
h. Excess Liability/Umbrella Insurance Policies. The excess/liability policies will provide similar coverage as the primary CGL policy with no new exclusions - Excess liability insurance must follow form the terms, conditions, definitions, and exclusions of the underlying CGL insurance. The excess/umbrella policy must also be written on a primary and noncontributory basis for an additional insured, and that it will apply before any other insurance that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that other insurance. The policy regarding Limits of Insurance regarding Aggregates must provide that the aggregate limits if applicable

24.83 City of Santa Cruz Cooperative Purchase Agreement

shall apply in the same manner as the aggregate limits shown in the Schedule of the Underlying Insurance.
i. 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 claimsmade policy form with a Retroactive Date prior to the contract effective date, the Developer must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
j. Verification of Coverage. Vendor will furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL, CPL, and automobile Policies listing all policy endorsements to be 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. k. Special Risks or 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, risk of loss in transporting money, financial breach risk, risk in transporting people or goods in vehicle, risk in storing vehicles, construction risks, and environmental hazards.

24.84 • 100 Brush Creek Road #206, Santa Rosa, CA 95404 • (707) 538.3800 • CA Contractors License #520752 • OR Contractors License #186870 •
www.rossrec.com
• Ross Recreation Equipment Company, Inc. •
Grant Street Park
Playground Proposal

24.85 3D Rendering
View 1

24.86 View 2
3D Rendering

24.87 View 3
3D Rendering

24.88 View 4
3D Rendering

24.89 View 5
3D Rendering

24.90 View 6
3D Rendering

24.91 View 7
3D Rendering

24.92 View 8
3D Rendering

24.93 View 9
3D Rendering

24.94 View 10
3D Rendering

24.95 View 11
3D Rendering

24.96 View 12
3D Rendering

24.97 View 13
3D Rendering

24.98 Playground
in Action

24.99 Drawing Plan

24.100
2-5 Play Area
Drawing Plan
Zoomed

24.101
5-12 Play Area
Drawing Plan
Zoomed

24.102
City Council

AGENDA REPORT
DATE: 04/03/2025
AGENDA OF: 04/22/2025
DEPARTMENT: Public Works
SUBJECT: Outside Repair Services to Citywide Assets – Budget Adjustment (PW) LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Adopt a resolution to amend the Fiscal Year (FY) 2025 budget to appropriate funds in the amount of 40,000 from the Mechanical Maintenance Fund for outside repairs to Citywide fleet assets and;
2) Authorize the Public Works Director to approve a change order with TEC Equipment (Los Angeles, CA) in the amount of 40,000 for outside repairs to Citywide fleet assets.

BACKGROUND: The Fiscal Year (FY) 2025 Mechanical Maintenance budget had an original appropriation of $850,000 to obtain outside repair services for repair and maintenance of City of Santa Cruz’s (City) fleet equipment and vehicles. From the original appropriation, the purchase order (FY 2025) was approved for $95,000 and awarded to TEC Equipment for parts, service and maintenance of the City’s Mack trucks and components.

Repair costs for domestically made parts have risen 15% and foreign made parts as much as 25% in the last year. Within FY 2025 there has been an increased demand for Mack garbage trucks, side-arm repair and Mack parts as City fleet assets age and wear with constant use. The average age for a Mack garbage truck in the City fleet is 8 years, with a general lifespan of 12 to 15 years of use. All City Mack trucks must be sent out for repairs to chassis, engines, transmissions, suspensions, bodies and hydraulic components.

DISCUSSION: The costs of all fleet parts and outside services have been steadily increasing each year. The Fleet Maintenance Division works closely with Sanitation and all other divisions that drive Mack trucks to maintain their fleet so that there is no disruption to essential services.

Unforeseen breakdowns and failures occur on all City owned fleet assets and are repaired internally when feasible. Mack trucks and components require parts and services that can only be received through one vendor in Northern California. TEC Equipment is an authorized dealer of equipment, products and services of Mack Trucks, Inc.(Greensboro, NC) of which the City has entered into a cooperative purchasing agreement.

25.1 Section 3.08.170 of the Municipal Ordinance allows the City to buy from cooperative purchasing agreements when it is in the best interest of the City to do so. The City currently possesses a Cooperative Purchasing Agreement with Mack Trucks, Inc via Sourcewell contract #060920- MAK. That contact provides goods and services to Mack trucks – medium and heavy duty. The contract expiration date is 08/01/2025. The pricing for this contract is provided from 17.58% to

39.36% off list price as a Sourcewell participating agency. Approval of the appropriation of funds would allow for a change order to be processed and funded to ensure necessary repairs to Mack trucks in the City’s fleet for the remainder of the FY2025 budget.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This is not a project under CEQA.

HEALTH IN ALL POLICIES (HiAP): This project promotes Health in All Policies through economic security and mobility and promoting a healthy environment. Approval of this project allows the City’s Mack truck fleet to continue to deliver efficient services and receive repairs in a timely and cost-efficient manner through cooperative purchasing. It promotes a healthy environment by enabling the timely removal of refuse, food scraps and recycling.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund:

2. This recommendation requires a budget adjustment:

3. The recommendation creates an on-going expenditure commitment:

FISCAL IMPACT DESCRIPTION: The overall fiscal impact is $40,000. The General Fund impact is based on the usage of the fleet asset user. The Mechanical Maintenance Fund 811 is an internal services fund where actual repair expenditures are charged out to activities in various funds, based on usage.

Prepared By:

Jenna Wilson
Management Analyst
Johnny Navarro
Garage Services Supervisor
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BUDGET ADJUSTMENT.PDF

25.2 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
255(9(18($&&28177,7/(
ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

352-(&7
352-(&7
$02817
$02817
&RXQFLO$SSURYDO

TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
3FWJTFE
/PWFNCFS


 Clear Form
FY25
03/26/2025
Budget adjustment to appropriate funds for outside repairs to specialized Citywide fleet assets for the remainder of FY2025. 0 811-40-61-7831-52242 Repair services - outside 40,000 40,000
-40,000
Jenna
Wilson
Digitally signed
by Jenna Wilson
Date: 2025.03.25
16:40:33 -07'00'
Nathan N.

Nguyen
Digitally signed by
Nathan N. Nguyen
Date: 2025.03.28
11:31:28 -07'00'
Emily
Burton
Digitally signed
by Emily Burton
Date: 2025.04.04
09:44:43 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2025.04.04
10:23:17 -07'00' 25.3
City Council

AGENDA REPORT
DATE: 04/03/2025
AGENDA OF: 04/22/2025
DEPARTMENT: Public Works
SUBJECT: California Street Striping and Signage Improvement (PW) LOCATION: District 4
RECOMMENDATION: Motion to:
1) Approve the design and installation of updated traffic striping and signage as part of the 2024 Pavement Rehabilitation Project (c400809) on California Street from Walnut Avenue to Laurel Street;
2) Adopt a resolution to approve the plans for the California Street Striping and Signage Improvements pursuant to Government Code Section 830.6; and 3) Find the project Categorical Exempt under CEQA Guidelines 14 CCR section 15301(c).

BACKGROUND: Public Works implements an asset management approach to maintain and rehabilitate streets. Criteria, including pavement condition and traffic volume, are used to prioritize projects. The City of Santa Cruz (City) uses the pavement condition index (PCI) as a pavement condition measurement, which ranges from zero to 100. A newly constructed street will have a PCI of 100, while a failed street will have a PCI of 25 or less. The citywide average PCI is 65.

At its May 28, 2024 meeting, City Council authorized bidding and award of the 2024 Pavement Rehabilitation Project which includes Escalona Drive, Bay Drive, Highland Avenue. The original project extents were Escalona Drive between Grandview and Bay and between Walnut and Highland, Highland Avenue between Mission and Spring, Bay between Escalona and Nobel/Iowa. After award, through a change order, staff took advantage of competitive pricing to add repaving of California Street (Current PCI 35) from Laurel to Walnut.

DISCUSSION: With the inclusion of California Street in the 2024 Paving Project, there is an opportunity to implement minor roadway striping and signage changes to improve safety for all roadway users in a school zone. The modifications include striping and red curb restrictions at intersections to improve crosswalks' visibility and update regulatory signage as well as updated speedbumps. Finally, 10 non-compliant curb ramps will be replaced on California Street to meet current accessibility standards. Improvements will be coordinated around the Santa Cruz City

26.1 Schools schedule. Paving and striping are expected to occur in June 2025. Residents and the school received initial notices about the project in February 2025.

Plans can be found on the city website at: https://www.cityofsantacruz.com/publicworksprojects CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Staff previously reviewed the 2024 Pavement Rehabilitation project and associated striping improvements and determined them to be exempt from further environmental review based on the existing facilities' Categorical Exemption in CEQA Guidelines 14 CCR section 15301(c) (Class 1 categorical exemption). Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use.

HEALTH IN ALL POLICIES (HiAP): The project aligns with the City’s HiAP Core Condition -A safety and Just Community by increasing safety for all transportation and roadway users. All traffic striping improvements align with the General Plan, Climate Action Plan, and Active Transportation Plan. The General Plan calls for a “citywide interconnected system of safe, inviting, and accessible pedestrian ways and bikeways” (Goal M4). The Climate Action Plan includes the transportation objective to meet an 80% reduction in greenhouse gas (GHG) emissions by 2050, which will be primarily accomplished by providing low-carbon transportation options that rival the efficiency and safety of the automobile. All traffic striping improvements were designed based on the California Manual on Uniform Traffic Control Devices (CAMUTCD) and the National Association of City Transportation Officials (NACTO) Urban Street Design Guide.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The 2024 Pavement Rehabilitation Project (c400809) is fully funded in the FY 2025 Capital Investment Program (CIP). The project construction cost, including construction management costs, is estimated at $5,750,000. The project has received state funding allocations of $169,000 from the Regional Surface Transportation Program Exchange, $2,772,000 from the State Transportation Improvement Program, and $20,000 from the Transportation Development Act. The project balance will come from $500,000 of Measure H and a combination of Gas Tax and Measure D funds. The roadway pavement and markings will require ongoing maintenance typical of efforts the City already undertakes.

Prepared By:

Miguel Lizarraga, P.E.,
Associate Professional
Engineer
Matt Starkey, P.E.,
Transportation Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

26.2 RESOLUTION NO. NS-30,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING

THE DESIGN AND CONSTRUCTION OF THE STRIPING PLANS FOR THE CALIFORNIA ST. STRIPING and SIGNAGE IMPROVEMENT PROJECT, PURSUANT TO GOVERNMENT CODE SECTION 830.6
The City Council of the City of Santa Cruz does resolve as follows:

SECTION 1: The City Council finds and declares as follows:

A. City staff has designed and prepared the striping plans for the California St. Striping and Signage Improvement Project.

B. The City Engineer has approved the completed design and plans for the Project and that construction of the Project may begin;
C. The City Council wishes to obtain the immunities set forth in Government Code §830.6 with regard to the plans and construction of the Project.

SECTION 2: Design Immunity; Authorization.

A. The City Council approves the design and plans for the Project.

B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced.

C. The approval granted by this Resolution conforms with the City's General Plan.

D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution.

E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code §830.6.

SECTION 3: The City Clerk is directed to certify the adoption of this Resolution.

SECTION 4: This Resolution will become effective immediately upon adoption.

26.3 RESOLUTION NO. NS-30,XXX
2 PASSED AND ADOPTED this 22nd day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

26.4 City Council

AGENDA REPORT
DATE: 04/03/2025
AGENDA OF: 04/22/2025
DEPARTMENT: Public Works
SUBJECT: Boiler Control System Replacement Project (m409659) – Notice of Completion (PW)
LOCATION: District 3
RECOMMENDATION: Motion to accept the work of RF MacDonald Co. (Hayward, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Boiler Control System Replacement Project (m409659) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

BACKGROUND: At its February 14, 2023 meeting, City Council approved the award of contract to RF MacDonald Co. and authorized the City Manager to execute the contract. After a year of finalizing permit requirements with the Monterey Bay Air Resources District (MBARD), the installation began on September 4, 2024, and included the replacement of boiler controls, burner, and various boiler components with new up-to-date parts on one of the Wastewater Treatment Facility’s boilers that fell out of service after a control panel malfunction.

DISCUSSION: The work for this project is now complete. The project has been inspected by staff and found to be completed in accordance with the specifications. Other ongoing improvements are being made to the boiler under separate projects.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This project is categorically exempt from environmental review under the California Code of Regulations Title 14 § 15301(d): “Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substation and resulted from an environmental hazard such as earthquake, landslide, or flood.” HEALTH IN ALL POLICIES (HiAP): This project promotes the following Health in All Policies Conditions: Healthy Environments. The Santa Cruz Wastewater Treatment Facility (WWTF) treats all of the City’s and part of the County’s sewage before safely returning it to the environment or for re-use. The boiler plays a key role in providing redundancy for heat production that is needed for various facilities and for the functionality of equipment in the WWTF if the cogeneration engines are down. Upgrades to the boiler with modern components help reduce emissions and allow the boiler to meet current MBARD requirements.

27.1 FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The final project construction cost was $170,113.11 and was funded in the Wastewater Enterprise Fund as WWTF – Equipment Replacement (m409659).

There is no impact to the General Fund.

Prepared By:

Tim Wong
Assistant Engineer II
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

27.2 Notice of Completion (Revised Oct 2021)
(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 Right-of-Way and Easements

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: Boiler Control System Replacement Project (m409659)

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Replacing boiler controls, burner, and various boiler components with up-to-date parts on one of the Wastewater Treatment Facility’s boilers.

4. The general site location description or address (the “Property”) of the public improvement is located at: 110 California St, Santa Cruz, CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: R.F. MacDonald Co. 25920 Eden Landing Rd, Hayward, CA 94545-3816

6. Construction Lender. The name and address of the construction lender, if any, is: N/A

7. Date of Completion. The Project on the Property was completed on: March 6, 2025

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, April 22, 2025
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Tim Wong
WHEN RECORDED MAIL TO:

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

27.3 Notice of Completion (Revised Oct 2021)

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 April 22, 2025, at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz

27.4 Notice of Completion (Revised Oct 2021)

PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Tim Wong, 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: R.F MacDonald.
24920 Eden Landing Rd, Hayward, CA 94545-3816
Subcontractors:
☒ 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 April 22, 2025, at Santa Cruz, California.

Tim Wong

27.5 City Council

AGENDA REPORT
DATE: 04/03/2025
AGENDA OF: 04/22/2025
DEPARTMENT: Public Works
SUBJECT: Wastewater Treatment Facility Digester 1 Cleaning (c401607) – Notice of Completion (PW)
LOCATION: District 3
RECOMMENDATION: Motion to accept the work of Ecology Parts, Inc. (Cerritos, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Wastewater Treatment Facility Digester 1 Cleaning (c401607) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

BACKGROUND: At its January 9, 2024 meeting, City Council approved the authorization to advertise and award a contract for digester cleaning services. On April 17, 2024, the project was awarded to the lowest responsive and responsible bidder, Ecology Auto Parts, Inc. The cleaning began on July 17, 2024 and included the wholesale removal of biosolids, debris, and liquids from Digester 1 and the Pre-aeration Grit Removal Structure (PGRS), and the hydro-cleaning of both structures.

DISCUSSION: The work for this project has been inspected by staff and found to be completed in accordance with the specifications. Digester cleaning is an important major maintenance activity. Regular cleaning ensures reliable processing and conversion of residuals and biosolids into methane gas which is used to generate renewable electricity.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This project is categorically exempt from environmental review under the California Code of Regulations Title 14 § 15301(d): “Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substation and resulted from an environmental hazard such as earthquake, landslide, or flood.” HEALTH IN ALL POLICIES (HiAP): The Santa Cruz Wastewater Treatment Facility falls under Healthy Environments and treats all of City’s and part of the County’s sewage before safely returning it to the environment. Digester 1 and the PGRS play key roles in the wastewater treatment process and cleaning them periodically is critical for the maintenance and upkeep of both structures.

28.1 FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The total cost of the project was $487,623.38 and was funded by the Capital Investment Program (CIP) project c401607. There is no impact to the General Fund.

Prepared By:

Tim Wong
Assistant Engineer II
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

28.2 Notice of Completion (Revised Oct 2021)
(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: Wastewater Treatment Facility Digester 1 Cleaning (c401607)

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: full-service removal and disposal of all liquids and solids from Digester 1 with washdown of the interior, biosolids hauling to designated landfill, full-service removal of all grit from the south grit tank of the Preaeration Grit Removal Structure with washdown of interior.

4. The general site location description or address (the “Property”) of the public improvement is located at: 110 California Street, Santa Cruz, CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: Ecology Auto Parts, Inc. 14150 Vine Place, Cerritos, CA 90703

6. Construction Lender. The name and address of the construction lender, if any, is: N/A

7. Date of Completion. The Project on the Property was completed on: August 28, 2024

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, April 22, 2025
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Tim Wong
WHEN RECORDED MAIL TO:

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

28.3 Notice of Completion (Revised Oct 2021)

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 April 22, 2025, at Santa Cruz, CA
Nathan Nguyen
Director of Public Works, City of Santa Cruz

28.4 Notice of Completion (Revised Oct 2021)

PROOF OF SERVICE DECLARATION
(California Civil Code § 8118)
I, Tim Wong, 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: Ecology Auto Parts, Inc.
14150 Vine Place, Cerritos, CA 90703
Subcontractors: Wastewater Solids Management, Inc.

P.O. Box 430
Yachats, OR 97498
☒ 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 April 22, 2025, at Santa Cruz, California.

Tim Wong

28.5 City Council

AGENDA REPORT
DATE: 04/03/2025
AGENDA OF: 04/22/2025
DEPARTMENT: Public Works
SUBJECT: Traffic Calming Pilot Program (c402404): Poplar, Seabright and Western Plan Approval, Environmental Determination: Categorical Exemption 14 CCR 15301(c) (PW)
LOCATION: Districts 1, 2, and 6
RECOMMENDATION: Motion to:
1) Approve the project plans and specifications for the 2025 Traffic Calming Pilot Program (c402404) and authorize staff to bid and award the contract; 2) Adopt a resolution to approve the plans and specifications for the 2025 Traffic Calming Pilot Program pursuant to Government Code Section 830.6; and
3) Find the Improvements Categorical Exempt under CEQA Guidelines 14 CCR section 15301(c).

BACKGROUND: In 2023 the City initiated the Traffic Calming Pilot Program. The objective of the program is to build low cost targeted improvements to improve roadway safety in response to neighborhood requests. At its August 21, 2023 meeting, the Transportation and Public Works Commission (TPWC) reviewed and recommended approval of the Traffic Calming Toolkit.

Subsequently, at the September 12, 2023 City Council (Council) meeting, Council adopted a resolution approving the Traffic Calming Toolkit. In January 2024, staff issued a citywide “Call for Projects” for neighbors to nominate their street to be evaluated for the traffic calming program.

At the close of the Call for Projects, staff received 334 applications for spot and corridor-wide improvements. Staff then evaluated every application using the matrix in the adopted Traffic Calming Toolkit and grouped the requests into feasible project locations. Through that process, three corridors were identified as scoring high and being deliverable within the parameters of the toolkit: Seabright Avenue between Pine Street and Windsor Street, Poplar Avenue near Branciforte Middle School, and Western Drive between Echo Street and Yosemite Street. Staff developed plans that addressed the primary areas of concern for each corridor. At its August 19, 2024 meeting, TPWC reviewed the proposed pilot project locations. TPWC provided feedback to

29.1 staff, but did not take an action as the Traffic Calming Resolution authorizes the Transportation Manager to implement the traffic calming toolkit adopted by City Council.

Each of the three locations were posted and noticed in accordance with the requirements of Santa Cruz Municipal Code section 10.16. During the appeal period, staff received three appeals for the Western Drive location. TPWC reviewed and denied the appeals at their October 21, 2024 meeting.

DISCUSSION: As noted above three project sites were shortlisted out of 334 applications, based on ranking criteria, feasibility, and available budget. Improvements at each location sought to maximize safety improvements, with very modest budgets. A summary of improvements is provided below:

Poplar Avenue at Hammond Avenue and Melrose Avenue: A red curb and bollards will be added on the northeast corner of Poplar/Hammond to increase sight distance and improve safety at Branciforte Middle School Entrance. At Poplar/Melrose, the proposal is to add red curb on all approaches of intersection and bollards on eastern leg of Melrose to increase sight distance at intersection. Additionally, a median with turn wedges is proposed to slow turning vehicles at the intersection.

Seabright Avenue between Pine Street and Windsor Street: The plan adds red curb per the statewide daylighting law (parking prohibition), a pinch point south of James to narrow the roadway and slow traffic, and a median and new striping on the curve between Windham and Windsor to slow vehicular traffic. The series of interventions are expected to work together to slow speeding traffic along the corridor.

Western Drive between Echo Street and Yosemite Street: Implement striping changes and medians to create narrower lanes and a series of chicanes. This includes the addition of red curbs at some locations. These treatments are designed to achieve speed reduction.

City staff will undertake an informal bidding process for the improvements and implement the locations that fit within the approved pilot budget of $75,000. If there are not enough funds avilable to complete the above three locations, portions of the proposal will be deferred until another project can implement the work. The work is anticipated to take place during the summer of 2025.

All improvements are designed to meet the City’s Traffic Calming Guidelines, CA MUTCD, National Association of City Transportation Officials (NACTO) Urban Street Design Guide, and Caltrans Highway Design Manual (HDM). The improvements will include one or more of the following safety countermeasures: high visibility crosswalk, improved sight distances, roadside improvements at curves and median barriers.

Plans and specifications for the project can be found online at:
http://www.cityofsantacruz.com/publicworksprojects
Design Immunity:

Government Code section 830.6 provides design immunity for public entities and public employees, as summarized below:

29.2 "California GC §830.6 - Neither a public entity nor a public employee is liable under this chapter for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved ... " To establish the design immunity defense to shield the public agency from liability, the public agency must show:
1) A causal relationship between the plan or design and the accident; 2) Discretionary approval of the plan or design before the construction or improvement; and 3) Substantial evidence supporting the reasonableness of the plan or design.

Prior to the start of construction of the Traffic Calming Pilot Program improvements, staff is recommending adoption of the attached resolution to ensure that design immunity pursuant to Government Code section 830.6 attaches to this project. Should Council take action to adopt this resolution, it would become effective immediately.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This project is exempt from CEQA under Section 15301( c) Existing Facilities. Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Maintenance of existing streets and other alterations, such as transit improvements and pedestrian crossings that do not create additional automobile lanes, qualify within this exemption.

HEALTH IN ALL POLICIES (HiAP): This project promotes Health and Wellness by assisting with slowing speeds of cars in neighborhoods and increases the health and wellness of the Santa Cruz community by reducing injuries from collisions and improving health by supporting active transportation.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: This project is funded by Transportation Development Act funds. Funds are available in project (c402404). There is no impact to the General Fund.

Prepared By:

Claire Gallogly
Principal Transportation
Planner
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

29.3 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF THE 2025 TRAFFIC CALMING

PILOT PROGRAM IMPROVEMENTS, PURSUANT TO GOVERNMENT CODE SECTION 830.6.

The City Council of the City of Santa Cruz does resolve as follows:

SECTION 1: The City Council finds and declares as follows:

A. City staff has designed and prepared the plans for the 2025 Traffic Calming Pilot Program Improvements.

B. The City Engineer has approved the completed design and plans for the Project and that construction of the Project may begin;
C. The City Council wishes to obtain the immunities set forth in Government Code §830.6 with regard to the plans and construction of the Project.

SECTION 2: Design Immunity; Authorization.

A. The City Council approves the design and plans for the Project.

B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced.

C. The approval granted by this Resolution conforms with the City's General Plan.

D. The City Engineer, or designee, is authorized to act on the City's behalf in approving any alterations or modifications of the design and plans approved by this Resolution.

E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code §830.6.

SECTION 3: The City Clerk is directed to certify the adoption of this Resolution.

SECTION 4: This Resolution will become effective immediately upon adoption.

29.4 RESOLUTION NO. NS-XX,XXX
2 PASSED AND ADOPTED this 22nd day of April 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

29.5 City Council

AGENDA REPORT
DATE: 04/03/2025
AGENDA OF: 04/22/2025
DEPARTMENT: Finance
SUBJECT: Implementation of Convenience/Service Fees on Credit Card Payments (FN)
LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution confirming credit card service fees (convenience fees) of 3.0% on eligible transactions as included in the FY 2025 Adopted Operating Budget, establishing and recovering credit card service charges, including setting limits on specific card payment types, and rescinding Resolution No. NS-29,399.

BACKGROUND: The City of Santa Cruz (City) utilizes 10 merchant accounts across eight City departments, incurring approximately on average $1.1 million annually in credit card service fees since FY 2021. These fees encompass: a) interchange fees (charged by banks involved in credit transactions), b) network and software fees (for transmitting cardholder information), and c) merchant bank discount fees.

California Government Code Section 6159 (h) (1) states, in part, that “a city, county, city and county, or any other public agency may impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the agency or agent in providing for payment by credit or debit card or electronic funds transfer. These costs may include, but shall not be limited to, the payment of fees or discounts as specified…” This provision of the Government Code provides the City to recover processing costs from customers, subject to the constraint that collected amounts must align with incurred expenses.

In 2018, City Council Resolution NS-29,399 established specific cost recovery rates: 3.0% for tax payments, 3% for certain credit card transactions, and $1.25 per transaction for Transient Occupancy Tax payments via debit or e-check. The resolution also authorized lower, flat-rate fees for alternative electronic payments.

To reaffirm the credit card fee structure, the City contracted with MGT Impact Solutions (MGT) in October 2023 to conduct a credit card service analysis and update user fees. MGT has collaborated with staff to confirm the citywide credit card convenience/service fee of 3% is in line with current costs and other jurisdictions.

30.1 DISCUSSION: The City accepts payments for a range of services, including taxes (Transient Occupancy Tax, Admission Tax, Business License Tax), programs (recreation, planning and building, utility, parking), and other fees and fines. While cash and check are primary payment methods, credit and debit card options are available now for most transactions and locations. The City currently recovers some card-related merchant fees through mechanisms such as a fixed-rate surcharge on Park Mobile parking sessions and service charges included in Civic Auditorium event admission prices. Existing online payment options facilitate recreation class registration, utility billing, business license tax payments, and parking services.

After legal review, it was determined that the resolution required more detail that was needed before implementing the convivence/service fee. The 2018 initiative leveraged Merchant Category Code (MCC) eligibility, allowing the City to recoup transaction costs for eligible payments (e.g., taxes, fines, government services, court costs) across all payment channels.

Customers can avoid paying the convenience/service fee by paying with check or cash.

Additionally, this pass-through program is consistent with the Long-Range Financial Plan.

Staff is recommending rescinding Resolution NS-29,399 and reapproving a new resolution that more clearly defines the fees impacted by the convenience/service fee. Final implementation of the 3% convenience/service fee for all credit card transactions beginning July 1, 2025. Currently, the fee is only applied to all tax payments made through the online portal (Transient Occupancy, Admission, Cannabis and Utility Users).

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This has no impact on the natural environment, because it does not create any physical change to the environment. Therefore, it is not considered a project under CEQA.

HEALTH IN ALL POLICIES (HiAP): The goal of Health in All Policies (HiAP) is to ensure that decision-makers are informed about the impacts on the three HiAP pillars of public health, equity, and sustainability when reviewing projects and policy options. The proposed expansion of credit card service directly contributes to the HiAP pillars of equity and fiscal sustainability by achieving cost recovery. This policy allows for a more equitable distribution of financial responsibilities and promotes the City's long-term financial health.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: Expanding credit card payment options is projected to generate over approximately $1.1 million annually Citywide, with $400,000 in General Fund cost recovery, while also mitigating future expenses associated with payment processing infrastructure.

30.2 Prepared By:

Viviane Pearson
Principal Management
Brent Dunton
Principal Management
Analyst
Tracy Cole
Finance Manager – Revenue
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION - CLEAN.DOCX

2. RESOLUTION - TRACK CHANGES.DOCX

30.3 RESOLUTION NO. NS-30,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING THE FINANCE DIRECTOR (1) TO SET DEBIT, CREDIT CARD AND RELATED

PAYMENT METHOD COST RECOVERY CONVENIENCE/SERVICE FEES FOR ALL TAX PAYMENTS AND CERTAIN OTHER PAYMENT TRANSACTIONS; (2) TO SET LIMITS ON CERTAIN CREDIT CARD TRANSACTIONS; (3) TO CREATE RELATED PAYMENT POLICIES EFFECTIVE APRIL 22, 2025 AND RESCINDING RESOLUTION NO. NS-29,399 WHEREAS, the City has evaluated the best solutions on implementing a cost recovery service fee for all tax payments and all other eligible transactions, including fees and licenses; and WHEREAS, the credit card merchants offer “government and higher education payment programs” which enable the City to accept credit cards in all payment channels and assess a convenience/service fee as a separate transaction, so that the City may recoup its costs in processing debit and credit card transactions; and
WHEREAS, the service fee charged must be a fixed percentage of the transaction amount and must be applied consistently at the same fixed percentage across all transactions, regardless of amount; and
WHEREAS customers must be notified prior to the completion of the transaction that there is a service fee and that the customer has the option to cancel the transaction; and WHEREAS the service fee must be processed as a separate transaction and the customer will see two distinct transactions on their statement; and WHEREAS the cost recovery service fee would be limited to recover the City’s reasonable cost; and
WHEREAS, to the extent allowed, certain other flat transaction cost recovery fees may be established for credit, debit and other forms of payments; and WHEREAS, the types of payments accepted at the City include in person, online and via telephone which have specific governmental merchant category codes that qualify them as eligible governmental transactions for which a service fee may be imposed, and WHEREAS, debit, credit card and related payment service fees cannot be incorporated into the amount of taxes due and can only be added as an additional transaction fee; and WHEREAS the City wishes to expand online and other alternative payment methods while minimizing the revenue loss to the City from payment transaction fees;

30.4 RESOLUTION NO. NS-30,XXX
2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Santa Cruz that it hereby authorizes the Finance Director effective on April 22, 2025 to:
• Set the 3.0% cost recovery rate to all tax payments and any allowed, additional flat cost recovery rate per transaction if assessed by the processing company; • Set certain transaction types with a 3.0% credit card cost recovery “convenience/service fee” and any allowed, additional flat cost recovery rate per transaction if assessed by the processing company;
• Set, for only Transient Occupancy Tax payments, a debit card or e-check payment cost recovery rate at $1.25 per transaction;
• Temporarily suspend charges in emergency situations (such as software system failures), in cases of hardship, or to provide limited, courtesy waivers; • To add other lower cost, flat rate fees for alternative electronic payments (debit card, ACH, e-check, etc.) up to the reasonable amount of the merchant fee to encourage certain lower cost payment alternatives; and
• To implement limited practices to restrict certain credit and debit card payments to a single transaction and placing a maximum limit on the amount of the credit card purchase, but providing the discretion to provide reasonable exceptions to this policy.

PASSED AND ADOPTED this 22nd day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

30.5 RESOLUTION NO. NS-3029,399

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING THE FINANCE DIRECTOR (1) TO SET DEBIT, CREDIT CARD AND RELATED PAYMENT

METHOD COST RECOVERY SERVICE CONVENIENCE/SERVICE FEES FOR ALL TAX PAYMENTS AND CERTAIN OTHER PAYMENT TRANSACTIONS; (2) TO SET LIMITS ON CERTAIN CREDIT CARD TRANSACTIONS; (3) TO CREATE RELATED PAYMENT POLICIES EFFECTIVE MAY APRIL 922, 20182025
WHEREAS, the City has evaluated the best solutions on implementing a cost recovery service fee for all tax payments and all other eligible transactions, including fees and licenses; and WHEREAS, the credit card merchants offer “government and higher education payment programs” which enable the City to accept credit cards in all payment channels and assess a service convenience/service fee as a separate transaction, so that the City may recoup its costs in processing debit and credit card transactions; and
WHEREAS, the service fee charged must be a fixed percentage of the transaction amount and must be applied consistently at the same fixed percentage across all transactions, regardless of amount; and WHEREAS customers must be notified prior to the completion of the transaction that there is a service fee and that the customer has the option to cancel the transaction; and WHEREAS the service fee must be processed as a separate transaction and the customer will see two distinct transactions on their statement; and
WHEREAS the cost recovery service fee would be limited to recover the City’s reasonable cost; and
WHEREAS, to the extent allowed, certain other flat transaction cost recovery fees may be established for credit, debit and other forms of payments; and WHEREAS, the types of payments accepted at the City include in person, online and via telephone which have specific governmental merchant category codes that qualify them as eligible governmental transactions for which a service fee may be imposed, and WHEREAS, debit, credit card and related payment service fees cannot be incorporated into the amount of taxes due and can only be added as an additional transaction fee; and WHEREAS the City wishes to expand online and other alternative payment methods while minimizing the revenue loss to the City from payment transaction fees; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Santa Cruz that it hereby authorizes the Finance Director effective on May April 922, 2018 2025 to:
• Set the 3.0% cost recovery rate to all tax payments and any allowed, additional flat cost recovery rate per transaction if assessed by the processing company; • Set certain transaction types with a 3.0% credit card cost recovery “service convenience/service fee” and any allowed, additional flat cost recovery rate per transaction if assessed by the processing company;
• Set, for only Transient Occupancy Tax payments, a debit card or e-check payment cost recovery rate at $1.25 per transaction;
• Temporarily suspend charges in emergency situations (such as software system failures), in cases of hardship, or to provide limited, courtesy waivers;

30.6 RESOLUTION NO. NS2
• To add other lower cost, flat rate fees for alternative electronic payments (debit card, ACH, e-check, etc.) up to the reasonable amount of the merchant fee to encourage certain lower cost payment alternatives; and
• To implement limited practices to restrict certain credit and debit card payments to a single transaction and placing a maximum limit on the amount of the credit card purchase, but providing the discretion to provide reasonable exceptions to this policy.

PASSED AND ADOPTED by the City Council of the City of Santa Cruz at a regular meeting of the City Council held on the 8th 22nd day of MayApril, 20182025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: __________________________
Mayor
ATTEST: __________________________
City Clerk Administrator

30.7 City Council

AGENDA REPORT
DATE: 4/17/2025
AGENDA OF: 4/22/2025
DEPARTMENT: Planning and Community Development
SUBJECT: Resolution Reinstating an Approved Slope Variation for a Previously Approved Project at 1930 Ocean Street Extension and Rescinding Resolution No. NS 29,654 (PL)
LOCATION: District 5
RECOMMENDATION: Motion to adopt a resolution acknowledging the previously-certified environmental impact report and rescinding Resolution No. NS-29,654.

BACKGROUND: On September 25, 2018, the City Council considered approval of a 40-unit apartment/condominium development within ten, four-unit buildings. The approvals consisted of a General Plan Amendment to change the land use designation of the 2.74-acre parcel from L (Low Density Residential) to LM (Low Medium Density Residential), a Zoning Map Amendment to rezone the property from R-1-10 (Single-Family Residential) to RL (Multiple Residence – Low Density), as well as a Design Permit, Planned Development Permit, and a Tentative Map. As part of the Planned Development Permit, the application requested two variations to the RL zoning regulation. The first variation request would allow for tandem parking in a multi-residential development and the second would allow for development 10 feet from a 30-percent or greater slope, which, absent a Planned Development Permit, would typically be approved through a Slope Modification Permit.

The City Council approved the application, reducing the project to 32 units and adding language that: a) the Planning & Community Development Department hold a community meeting to obtain input regarding the redesign of the site plan to reflect the reduction in units, and b) the Planning & Community Development Director approve the redesign at the administrative level with no appeal process. The Council also certified an Environmental Impact Report (EIR), adopting Findings of Fact, a Mitigation Monitoring Program, and a Statement of Overriding Considerations as part of the project approval.

Soon after the approval, the Ocean Street Extension Neighborhood Association filed a lawsuit in the Santa Cruz Superior Court against both the project applicants and the City challenging the EIR certification and the approval of the slope setback reduction as part of the Planned Development Permit. On January 10, 2020, the court upheld the EIR certification but found that

31.1 the proper procedures were not followed in relation to the slope setback reduction approvals. The court directed that the City rescind its approval of the Planned Development Permit pursuant to Resolution 29,449 for the 1930 Ocean Street Extension project as it pertains to variations from slope regulations. All other approvals related to the project, including the General Plan Amendment, the Zoning Map Amendment, Design Permit, Tentative Map, and Planned Development Permit excluding the slope variation were unaffected by the judgement and remained in place.

Following the direction of the court, on May 12, 2020, the City Council adopted a resolution rescinding the portion of the approved Planned Development Permit pertaining to slope variation and retaining the remaining portion of the approval of the 32-unit project.

On June 19, 2020, the Ocean Street Extension Neighborhood Association appealed part of the trial court’s decision. Subsequently, on June 22, 2020, project applicants cross-appealed the decision and on June 29, 2020, the City joined the project applicants in challenging the portion of the trial court’s decision that found the City failed to follow procedures related to slope regulations. On December 16, 2021, the Court of Appeal overturned the trial court’s decision that the City did not follow the proper procedures in relation to the slope setback reduction approvals. On June 28, 2022, the trial court implemented the Court of Appeal’s and entered an order denying the writ of mandate in its entirety, and entered judgement in favor of the City and project applicants.

Because City Council followed the now overturned trial court order through adopting a resolution rescinding the portion of the approved Planned Development Permit pertaining to slope variation, a new resolution must be adopted to rescind the May 12, 2020, resolution to reinstate the slope variation and comply with the Court of Appeal’s ruling.

DISCUSSION: The disposition section of the Appellate Court decision reads as follows:

We reverse the order and judgment granting the limited writ of mandamus and remand the matter to the superior court with instructions to vacate that portion of the judgment that commands the City to set aside approval of the Planned Development Permit pursuant to Resolution No. NS-29,949 for the 1930 Ocean Street Extension Residential Project as it pertains to variations from slope regulations, as approved by the City Council of the City of Santa Cruz on September 25, 2018.

Despite the Court of Appeal vacating the portion of the judgment ordering the City to set aside the Planned Development Permit approval related to the slope variations, the judgment does not nullify the May 12, 2020, resolution. Further, the May 12, 2020, resolution does not contain any language that would operate to reinstate the slope variances in the event the City prevails on appeal. Thus, the City Council must modify the existing Planned Development Permit to reincorporate the slope variances in accordance with the Court of Appeal’s decision.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The environmental impacts of the project were considered as part of an EIR that was certified by the City Council on September 25, 2018. The validity of the EIR was upheld through two separate court challenges. The action undertaken with this application is covered by the previouslycertified EIR.

31.2 HEALTH IN ALL POLICIES (HiAP): This item is consistent with the HiAP pillars of equity, public health, and sustainability in that they facilitate housing, including affordable housing, in an area that can readily access employment and entertainment through alternative means of transportation, such as biking and walking. For example, the Harvey West employment area is less than a mile walking distance from the site, and the downtown is just over a mile walking distance from the site, with both routes having very little change in elevation, which further promotes the active transportation options. Encouraging housing in locations with convenient active transportation options results promotes sustainability (by reducing vehicle miles traveled) and public health (through the health benefits of walking and biking). The project also promotes equity by reducing transportation costs due to the project’s central location and through the project’s provision of affordable housing.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The bulk of the costs associated with the litigation were borne by the applicant under a condition of approval requiring City indemnity. Over time, housing projects can have a net negative fiscal impact on the City, as the costs to deliver services can, particularly as a result of Proposition 13’s limitations on property tax increases, exceed the revenues associated with the residential property.

Prepared By:

Ryan Bane
Senior Planner
Submitted By:

Lee Butler
Director of Planning and
Community Development
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. ORDER AND JUDGEMENT, DATED JUNE 28, 2022.PDF

31.3 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ RESCINDING RESOLUTION NO. 29,654 TO REINSTATE AN APPROVED SLOPE VARIATION FOR A PREVIOUSLY APPROVED 32-UNIT PROJECT AT 1930 OCEAN STREET EXTENSION (APPLICATION NO. CP10-0033)
WHEREAS, Richard Moe, Ruth Moe, Craig Rowell, and Corinda Ray, applicants for property located at 1930 Ocean Street Extension (“applicant”), also known as Assessor’s Parcel Number 008-044-02 applied for a General Plan Amendment, Zoning Map Amendment, Design Permit, Planned Development Permit, and Tentative Map for the proposed 40-unit residential condominium development; and
WHEREAS, the project site and its development is governed by the standards and guidelines contained in Municipal Code Titles 23 and 24, the Subdivision and Zoning Ordinances; and
WHEREAS, the application has undergone environmental review in accordance with CEQA and the State CEQA Guidelines; and
WHEREAS, more specifically, a Draft Environmental Impact Report (EIR) was prepared and circulated for a 45-day review period which ended on June 30, 2017, and a Partial Recirculated Draft EIR was prepared and circulated for a 45-day review period which ended on June 11, 2018, and a Final EIR was issued on August 7, 2018; and
WHEREAS, the Planning Commission conducted a public hearing on August 16, 2018, and recommended approval; and
WHEREAS, the City Council adopted separate resolutions to certify the environmental impact report and adopt environmental findings and a Mitigation Monitoring Program; and WHEREAS, the City Council made a motion to approve Alternative 3 from the EIR, consisting of 32 units; and
WHEREAS, on September 25, 2018 the City Council approved CP10-0033 on a 5-2 vote; and
WHEREAS, on October 25, 2018, a lawsuit was filed by the Ocean Street Extension Neighborhood Association challenging the project’s EIR certification and Planned Development Permit as it relates to slope variations; and
WHEREAS, on April 23, 2020, the trial court issued and order and judgment upholding the EIR certification, but found that the proper procedures were not followed in relation to the slope setback reduction approvals; and

31.4 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, the court directed that the City rescind its approval of the Planned Development Permit pursuant to Resolution 29,449 for the 1930 Ocean Street Extension project as it pertains to variations from slope regulations; and WHEREAS, on May 12, 2020, the City Council adopted resolution No. NS 29,654 rescinding the slope variation portions of the Planned Development Permit associated with Application No. CP10-0033 with the remaining portions of the Planned Development Permit and the associated approvals remaining in full force and effect; and WHEREAS, on June 19, 2020, the Ocean Street Extension Neighborhood Association appealed the trial courts order related to the certification of the EIR. On June 22, 2020, the project applicants filed a cross-appeal related to the Planned Development Permit, and on June 29, 2020, the City also cross-appealed the portion of the judgement related to the slope regulations under the Planned Development Permit; and
WHEREAS, on December 16, 2021 the Court of Appeal reversed the trial court’s order and judgement granting the limited writ of mandate and remanded the matter to the Superior Court with instructions to deny the writ of mandate in its entirety and vacate that portion of the judgement that commands the City to set aside approval of the Planned Development Permit pursuant to Resolution No. NS-29,949 as it pertains to variations from slope regulations; and WHEREAS, on June 28, 2022 the trial court denied the writ of mandate in its entirety and vacated the order and judgement as it pertains to variations from slope regulations.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz, that resolution No. NS 29,654 be rescinded and the slope variation portions of the Planned Development Permit associated with Application No. CP10-0033 be reinstated with the remaining portions of the Planned Development Permit and the associated approvals remain in full force and effect.

PASSED AND ADOPTED this 22nd day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

31.5 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

ELECTRONICALLY RECEIVED
6/1 7/2022 12:28 PM
ANTHONY P. CONDOTTI (SBN 149886) BARBARA H. CHOI (SBN 156088) ATCHISON, BARISONE CONDOTTI, PC 333 Church Street Santa Cruz, CA 95060
Telephone: (83 1) 423-8383
Facsimile: (83 1) 423-9401 Email: acondotti abc-law.com Attorneys
for Respondents CITY OF SANTA CRUZ, CITY COUNCIL OF THE CITY OF SANTA CRUZ CHRISTOPHER L. STILES (SBN 280816) TIFFANY K. WRIGHT (SBN 210060) REMY MOOSE MANLEY, LLP 555 Capitol Mall, Suite 800
Sacramento, California 95814
Telephone: (9 6) 443-2745
Facsimile: (916) 443-9017 Email: [email protected] Email: [email protected]
Attorneys for Real Parties in Interest RICHARD MOE, RUTH MOE, CRAIG ROWELL, and CORINDA RAY

EXEMPT FROM FILING FEES
[GOVERNMENT CODE 6103]

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY 0F SANTA CRUZ OCEAN STREET EXTENSION Case NO. V03212 NEIGHBORHOOD ASSOCIATION, an 6mg unincorporated association, ORDER AND JUDGMENT
Petitioner, [CEQA CASE] V.

CITY OF SANTA CRUZ, CITY COUNCIL OF THE CITY OF SANTA CRUZ, and DOES through 15,
Respondents, FIlIng Date OfAction: October 25, 201 RICHARD MOE, RUTH MOE, CRAIG Trail Date: November 22, 2019 ROWELL, CORINDA RAY, and DOES 16 through 30,
Real Parties in Interest
[PROPOSED] ORDER AND JUDGMENT

31.6 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
On April 23, 2020, the Santa Cruz Superior Court issued an order and judgment, and peremptory writ ofmandamus, in the above-captioned matter. The Court partially granted and partially denied Petitioner’s Petition for Writ ofMandate-Petitioner appealed the decision to the Sixth District Court ofAppeal. Respondents and Real Parties in Interest cross-appealed. The case was transferred to the Fourth District Court oprpeal. On December l6, 2021, the Fourth District Court of Appeal issued
an opinion reversing the superior court’s partial granting ofthe writ and upholding the rest of the decision. (Ocean Street Extension Neighborhood Assn. v. City ofSanta Cruz (2021) 73 Cal.App.5th 985; Fourth District Case No. D079064 [“Opinion”]) The Court oprpeal issued remittitur on May
17, 2022.

Based on the Opinion, the court ORDERS AND ADJUDGES as follows:

1. The order and judgment partially granting Petitioner’s Petition for Writ of Mandate is vacated.

2. The Petition for Writ of Mandate is DENIED in its entirety.

3. The peremptory writ of mandamus is vacated.

4. Judgment
is entered in favor ofRespondents and Real Parties in Interest and against Petitioners.

5. Respondents and Real Parties are entitled to recover costs incurred in the Superior Court.

IT IS SO ORDERED AND ADJUDGED.

Judge ofthe Superior Court PAUL P. 'BURDICK
Dated:
[PROPOSED] ORDER AND JUDGMENT

31.7 City Council

AGENDA REPORT
DATE: 04/02/2025
AGENDA OF: 04/22/2025
DEPARTMENT: Economic Development and Housing
SUBJECT: Tax Equity and Fiscal Responsibility (TEFRA) Hearing and Resolution regarding Conduit Financing for the Downtown Library Affordable Housing Project (EDH)
LOCATION: District 4
RECOMMENDATION: Conduct the public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”).

Motion to adopt a resolution approving the issuance of tax-exempt multifamily housing revenue bonds in an amount not to exceed $70,000,000 (the “Bonds”), by the California Municipal Finance Authority (“CMFA”) for the benefit of Eden Housing, Inc., a California nonprofit public benefit corporation (the “Sponsor”), on behalf of DTLMU Investors, L.P., a California limited partnership, or another ownership entity created by Eden DTLMU, LLC, a California limited liability company, its managing general partner, or by another affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”), to provide for the financing of the above-referenced project, such adoption to be solely for the purposes of satisfying the requirements of TEFRA, the Code and California Government Code Section 6500.

BACKGROUND: Efforts leading to the proposed development of the subject site began over a decade ago with the Santa Cruz Public libraries initiating a comprehensive facilities master planning process culminating in a Library Master Plan in 2014. Between 2014 and 2021, numerous council advisory and sub committees reviewed and provided guidance for the future mixed-use project. Ultimately, the City was directed to build a new Library on the downtown lot between Lincoln and Cathcart streets, commonly known as Lot 4, instead of rehabbing the existing downtown library located on Church Street. Following the culmination of multiple public meetings and hearings, the City Council approved the Downtown Library Affordable Housing Project (“DLAHP" or "Project”), a mixed-use project including 124 units of affordable housing with a mix of affordability for households with an average median income that does not exceed 60% of area median income for our area.

In 2021, the City released a request for proposal (“RFP”) to solicit an affordable housing developer partner and selected a joint proposal from For The Future Housing, Inc. and Eden Housing, Inc. (collectively “Developer”) to build the Project.

32.1 On March 14, 2023, the City Council approved several entitlements related to the DLAHP, located at 113 & 119 Lincoln Street to develop 124 units of affordable housing, a new downtown branch library, parking garage, childcare center, and commercial uses. The permits approved included a nonresidential demolition authorization permit, special use permit, heritage tree removal permit, design permit, density bonus request, and lot line adjustment. The City owns the parcels at 119 Lincoln Street (APN 005-141-21) and 113 Lincoln Street (APN 005-141-11).

The DTLMU Investors, L.P., a California limited partnership, or another ownership entity created by Eden DTLMU, LLC, a California limited liability company, its managing general partner, or by another affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”), requested that the California Municipal Finance Authority (the “CMFA”), serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $70,000,000 of tax-exempt revenue bonds. The proceeds of the Bonds will be used to finance and refinance the acquisition, construction, development and equipping of a 124-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located at 113 and 119 Lincoln Street within the City of Santa Cruz, California (the “City”). The Borrower is currently in the final phase of financing to develop the Project and is planning to begin construction this May or June 2025. As part of this transaction, ground lease ownership will be under the Borrower.

In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City must conduct a public hearing (the “TEFRA Hearing”) providing the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community.

Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.

CALIFORNIA MUNICIPAL FINANCE AUTHORITY:

The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities, including the City, have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financing.

DISCUSSION: In the judgment of the Borrower, the most cost-effective and desirable way to finance the Project requires the issuance of tax-exempt Bonds in an amount not to exceed $70,000,000 (the “Bonds”). Issuance of the Bonds requires the host city to conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”). The hearing is to consider the proposed issuance of the Bonds by the CMFA, a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $70,000,000, (the “Bonds”), to finance the Project. Following the public hearing, the City Council would have to adopt a resolution approving the issuance of the Bonds by the CMFA to finance the Project.

32.2 In light of the foregoing, and in order to support affordable housing, staff recommend that the City conduct the TEFRA Hearing and adopt the resolution in favor of the issuance of the Bonds by the CMFA.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: On June 26, 2012, City Council certified the CEQA Environmental Impact Report for the City’s General Plan 2030 (“General Plan EIR”). On November 14, 2017, City Council certified a supplemental CEQA Environmental Impact Report for amendments to the Downtown Plan (“Downtown Specific Plan EIR”) to address additional environmental impacts specific to downtown development. Following these certifications, on March 16, 2023, the filed a CEQA Notice of Exemption (“NOE”) for the Downtown Library and Affordable Housing Project with both the Clerk of the Board for Santa Cruz County and the Office of Planning and Research. This NOE affirmed that the Project is exempt from further environmental review under CEQA. The approval of this resolution is consistent with the approvals for the Project, including the bases for determining the entirety of the Project activities are categorically exempt from CEQA.

HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative approach to improving the health of all people by incorporating health considerations into decision-making across sectors and policy areas. HiAP is based on 3 pillars: equity, public health, and sustainability. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process. The DLAHP supports the pillar of equity by providing a destination public facility, childcare, commercial facility, and affordable residential rental units on a site in the City’s downtown urban core, in an area that is improved with sidewalks and street trees near public transportation, commercial goods and services, and recreational areas.

With the Project located downtown, it encourages a sustainable and healthy lifestyle by allowing residents to walk, cycle, and ride to the job center and commercial uses in the downtown vicinity. By providing 100% affordable rental apartments, this will not only help the City with a more sustainable supply of rental housing but will also help create a more inclusive equitable community.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: There will be no impact to the City’s General Fund. The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability, or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the

32.3 Foundation for the support of local charities. It is expected that a portion of the issuance fee attributable to the City will be granted by the CMFA to the General Fund. Such grant may be used for any lawful purpose of the City.

Prepared By:

Brian W. Borguno
Development Manager
Submitted By:

Bonnie Lipscomb
Director of Economic
Development and Housing
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

32.4 RESOLUTION NO. NS-_________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

APPROVING A PLAN OF FINANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY TO ISSUE AND REISSUE REVENUE BONDS FOR A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF DTLMU INVESTORS, L.P.,

AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Eden Housing, Inc., a California nonprofit public benefit corporation (the “Sponsor”), on behalf of DTLMU Investors, L.P., a California limited partnership, or another ownership entity created by Eden DTLMU, LLC, a California limited liability company, its managing general partner, or by another affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) undertake a proposed plan of finance to issue and reissue from time to time one or more series of revenue bonds in an outstanding principal amount not to exceed $70,000,000 (the “Bonds”) to finance and refinance the acquisition, construction, development and equipping of a 124-unit qualified residential rental project (the “Project”) to be owned and operated by the Borrower and located at 113 and 119 Lincoln Street within the City of Santa Cruz, California (the “City”); and
WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the proposed plan of finance for the Project under Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the City Council of Santa Cruz (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and
WHEREAS, the Authority has advised that the Bonds may be issued pursuant to a “plan of finance” to issue an original issue of Bonds and to issue or reissue one or more additional series of Bonds from time to time after the original issue of Bonds, if necessary or desirable to comply with applicable legal requirements, all in an aggregate principal amount not to exceed $70,000,000 to finance the Project, and all within the three-year period commencing on the date of the issuance of the first series of Bonds pursuant to this resolution; and WHEREAS, the Authority has requested that the City Council approve the proposed plan of finance in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the proposed plan of finance for the Project;

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

Section 1. The foregoing recitals are true and correct.

Section 2. The City Council hereby approves the proposed plan of finance of the Authority to issue and reissue from time to time of one or more series of revenue bonds in an outstanding principal amount not to exceed $70,000,000. It is the purpose and intent of the City Council that this resolution constitute approval of the proposed plan of finance for the Project for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 4. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
Section 5. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 22nd day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

32.6 Brittany Inclan
From: [email protected]
Sent: Saturday, April 19, 2025 1:20 PM
To: City Council
Cc: Bonnie Bush
Subject: City Council Meeting; RE Downtown Library and Affordable Housing Project Dear City Council Members,
My comments are in regard to the April 22, 2025 meeting agenda items:

14. State Permanent Local Housing Allocation (PLHA) Commitment to the Downtown Library Affordable Housing Project (EDH)

16. Resolution to Accept and Appropriate the Award from the State Affordable Housing Sustainable Communities (AHSC) Program for the Downtown Library and Affordable Housing Project (ED

19. 2025 Parking Revenue Bonds for Public Parking Project as part of the Downtown Library Mixed Use Project (FN/PW/EDH)

32. Tax Equity and Fiscal Responsibility (TEFRA) Hearing and Resolution regarding Conduit Financing for the Downtown Library Affordable Housing Project (EDH)
I am writing to express enthusiastic support for the Downtown Library and Affordable Housing Development Project. This initiative represents a significant and positive step for our community, and we appreciate the diligent efforts of the city staff and partners who have contributed to its progress.

We encourage swift adoption of these items.

Thank you for your ongoing commitment to this essential development.

Sincerely,
Lynn Marcus-Wyner, Esq.

Secretary and Board Member
Friends of the Santa Cruz Public Libraries

32.7 Brittany Inclan
From: Deborah Peronto <[email protected]>
Sent: Sunday, April 20, 2025 5:11 PM
To: City Council; Bonnie Bush
Subject: Re: 4/22/2025 Meeting Agenda
Dear City Council Members,
My comments are in regard to the April 22, 2025 meeting agenda items:

14. State Permanent Local Housing Allocation (PLHA) Commitment to the Downtown Library Affordable Housing Project (EDH)

16. Resolution to Accept and Appropriate the Award from the State Affordable Housing Sustainable Communities (AHSC) Program for the Downtown Library and Affordable Housing Project (ED

19. 2025 Parking Revenue Bonds for Public Parking Project as part of the Downtown Library Mixed Use Project (FN/PW/EDH)

32. Tax Equity and Fiscal Responsibility (TEFRA) Hearing and Resolution regarding Conduit Financing for the Downtown Library Affordable Housing Project (EDH)
I am writing to express enthusiastic support for the Downtown Library and Affordable Housing Development Project. This initiative represents a significant and positive step for our community, and we appreciate the diligent efforts of the city staff and partners who have contributed to its progress.

We encourage swift adoption of these items.

Thank you for your ongoing commitment to this essential development.

Best Regards,
Deborah Peronto
Board Member, Friends of the Santa Cruz Public Libraries

32.8 Brittany Inclan
From: Robin Holland <[email protected]>
Sent: Monday, April 21, 2025 9:14 AM
To: City Council; Bonnie Bush
Subject: Support for the Downtown Library and Affordable Housing Development Project Dear City Council Members,
This email is in regard to these April 22, 2025 meeting agenda items:

14. State Permanent Local Housing Allocation (PLHA) Commitment to the Downtown Library Affordable Housing Project (EDH)

16. Resolution to Accept and Appropriate the Award from the State Affordable Housing Sustainable Communities (AHSC) Program for the Downtown Library and Affordable Housing Project (ED

19. 2025 Parking Revenue Bonds for Public Parking Project as part of the Downtown Library Mixed Use Project (FN/PW/EDH)

32. Tax Equity and Fiscal Responsibility (TEFRA) Hearing and Resolution regarding Conduit Financing for the Downtown Library Affordable Housing Project (EDH) I am writing to express enthusiastic support for the Downtown Library and Affordable Housing Development Project. This initiative represents a significant and positive step for our community, and we appreciate the diligent efforts of the city staff and partners who have contributed to its progress.

We encourage swift adoption of these items.

Thank you for your ongoing commitment to this essential development.

Sincerely,
Robin Holland
Board Member, Friends of the Santa Cruz Public Libraries

32.9 City Council

AGENDA REPORT
DATE: 04/03/2025
AGENDA OF: 04/22/2025
DEPARTMENT: Police
SUBJECT: Receipt of AB 481 Annual Military Equipment Report, Renewal of SCMC Chapter 9.90, and Policy Update Pertaining to AB 481 Military Equipment (PD)
LOCATION: Citywide
RECOMMENDATION: Motion to:
1) Receive the Santa Cruz Police Department’s (SCPD) Annual Military Equipment Report; 2) Adopt a resolution renewing Santa Cruz Municipal Code (SCMC) Chapter 9.90 pertaining to Assembly Bill (AB) 481 Military Equipment; and
3) Introduce for publication an ordinance amending City of Santa Cruz Municipal Code (“SCMC”) Chapter 9.90 “AB 481 Military Equipment Use,” adopting an amended Military Equipment Use Policy (Policy) and, incorporating the addition of section 705.10 Use in Exigent Circumstances, and amended inventory of military equipment as defined by Assembly Bill 481.

BACKGROUND: California State Assembly Bill (AB) 481 establishes requirements for the funding, acquisition and use of items deemed “military equipment” (Gov’t Code § 7070(c)) in law enforcement and state agencies. AB 481 requires law enforcement agencies to obtain approval from their governing body via ordinance adopting a military equipment use policy prior to purchasing, raising funds for, or acquiring military equipment. Gov’t Code § 7071(a)(1). A law enforcement agency that receives approval for a military equipment policy must submit to their governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. Gov’t Code § 7072.

AB 481 also requires the governing body to review the ordinance adopting a military equipment use policy at least annually and to vote on whether to renew the ordinance at a regular meeting held pursuant to the Brown Act. Gov’t Code § 7071(e)(1). The governing body must determine, based on the annual military equipment report, whether each type of military equipment identified in that report has complied with the standards for approval set forth in Government Code § 7071(d), including the following:

33.1 (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

If the governing body determines that certain military equipment identified in the annual military equipment report has not complied with the above standards, the governing body must either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. Gov’t Code § 7071(e)(2).

DISCUSSION:

Annual Report
On May 10, 2022, the City Council adopted SCMC Chapter 9.90, approving the military equipment use policy set forth in SCPD Policy 705.

On April 25, 2023, upon adopting a resolution to renew Chapter 9.90 of the SCMC pertaining to AB 481, Military Equipment, a friendly amendment was made and accepted to direct staff to submit the next annual report as an FYI no less than 30 days before the item returned to the City Council for final action and hold a public meeting within those 30 days.

On April 30, 2024, City Council received the SCPD Annual Military Equipment Report and adopted a resolution to renew Chapter 9.90 of the SCMC pertaining to AB 481, Military Equipment.

SCPD hosted a virtual community meeting on March 27, 2025, via Zoom to present the Department’s 2024 Annual Military Equipment Report pursuant to AB481 and answer questions from community participants. In total, seven (7) members of the community joined the meeting.

At the conclusion of the presentation, police department staff answered a variety of questions from one (1) member of the community that included, but were not limited to:
 Multiple questions asked for details on specific uses of the UAVs and armored patrol vehicle.
 Why are all personnel costs not captured in the annual report?  Why are the UAV Ford Explorer equipment costs not under the UAV category?  Why is there a need to have rifles at the Wharf-to-Wharf event?  What does NFDD mean?
 What is an eXact impact projectile?
 Why did [the Police Department] not track firearm usage by firearm type in 2024?

33.2 SCPD is providing the attached 2024 Annual Military Equipment Report pursuant to AB 481.

The annual report includes the following information for each type of military equipment, as required by Government Code § 7072(a), for the 2024 calendar year:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The SCPD Annual Military Equipment Report provides available data for each type of military equipment approved by the Santa Cruz City Council for the 2024 calendar year (January 1, 2024 – December 31, 2024).

Pursuant to AB 481, the SCPD is requesting that the City Council receive the SCPD Annual Military Equipment Report for the 2024 calendar year and adopt a resolution renewing SCMC Chapter 9.90 pertaining to AB 481 Military Equipment pursuant to Government Code § 7071(e).

Amendments to SCPD Policy 705
The SCPD proposes three amendments to its Policy 705 Military Equipment Included Equipment List:

1. Add section 705.10, Use in Exigent Circumstances, to outline the types of allowable “military equipment” that may be deployed within the City of Santa Cruz in exigent circumstances and the necessary reporting requirements.

2. Add Fifth-Generation Wireless Technology (5G) connectivity to the Department’s unmanned aerial vehicle (UAV). This will increase flight range, advance data transmission, improve real-time communication, and ensure network reliability between a UAV and its pilot/command center.

3. Break out and quantify the AR-15/M4 style Carbine rifles based on model type to the description section 16. Other Specified Items/Equipment (Category 15) within the included equipment list.

33.3 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “Project” under the CEQA. “Project” is defined by CEQA as:
“an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:
(a) An activity directly undertaken by any public agency. (b) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
(c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.” (Pub. Resources Code, § 21065.)
The proposed Council action is not a “project” under CEQA because it does not have the potential to cause a physical change in the environment directly or indirectly.

HEALTH IN ALL POLICIES (HiAP): The AB 481 Military Equipment Annual Report and proposed amendments to SCPD Policy 705 support the City of Santa Cruz HiAP, which emphasizes integrating health, well-being, and equity into policymaking to create safer, more supportive communities. By providing a detailed account of equipment usage and compliance with oversight measures and providing greater clarity as to how SCPD can respond to exigent circumstances, the AB 481 report and Policy amendments ensure that public safety strategies are data-driven and community-informed. This approach helps build trust between law enforcement and residents, ensuring that policies governing public safety resources contribute to a community environment that prioritizes equity, security, and overall public health.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: No Impact.

Prepared By:

Catherine Brothers
Principal Management
Analyst
Submitted By:

Bernie Escalante
Chief of Police
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION RENEWING MILITARY EQUIPMENT.DOCX

2. DRAFT ORDINANCE - TRACK CHANGES.DOCX

3. DRAFT SANTA CRUZ POLICE DEPARTMENT POLICY #705 MILITARY EQUIPMENT INCLUDING EQUIPMENT LIST - TRACK CHANGES.DOCX

4. SANTA CRUZ POLICE DEPARTMENT 2024 ANNUAL MILITARY EQUIPMENT REPORT.PDF

33.4 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ RENEWING CHAPTER 9.90 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO AB 481

MILITARY EQUIPMENT
WHEREAS, on May 10, 2022, the Santa Cruz City Council (“City Council”) adopted Ordinance 2022-09, adding Chapter 9.90 to the Santa Cruz Municipal Code (“SCMC”) and adopting a Military Equipment Use Policy pursuant to Assembly Bill (“AB”) 481; and WHEREAS, on April 25, 2023, the City Council received the Santa Cruz Police Department’s (the “Department”) 2022 Annual Military Equipment Report and adopted a resolution to renew Chapter 9.90 of the SCMC pertaining to AB 481, Military Equipment; and WHEREAS, on April 30, 2024, the City Council received the Department’s 2023 Annual Military Equipment Report and adopted a resolution to renew Chapter 9.90 of the SCMC pertaining to AB 481, Military Equipment; and
WHEREAS, pursuant to Government Code section 7071(e)(1), the City Council has reviewed SCMC Chapter 9.90 along with Department’s Military Equipment Use Policy, both attached to this Resolution as Exhibit A; and
WHEREAS, consistent with Government Code section 7072, the City Council received the SCPD 2024 Annual Military Equipment Report on April 22, 2025 for each type of military equipment approved by the City Council (“2024 Annual Military Equipment Report”); and WHEREAS, the City Council has reviewed the 2024 Annual Military Equipment Report, attached to this Resolution as Exhibit B; and
WHEREAS, the Department seeks an amendment to the Military Equipment Use Policy to address the use of military equipment during exigent circumstances and reporting requirements for said use; and
WHEREAS, the 2024 Annual Military Equipment Report requests to add Fifth-Generation Wireless Technology (5G) connectivity to the Department’s unmanned aerial vehicle (UAV) in Category 1, that will be incorporated into the Santa Cruz Police Department Military Equipment Use Policy; and
WHEREAS, the 2024 Annual Military Equipment Report contains additional details regarding the specific model of equipment in Category 16, that will be incorporated into the Santa Cruz Police Department Military Equipment Use Policy.

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

33.5 RESOLUTION NO. NS-30,XXX
2 A. The AB 481 Military Equipment Ordinance shall be, and hereby is, renewed so that the ordinance will remain in effect until the next reporting period required under AB 481; and B. The Santa Cruz Police Department Policy 705, Military Equipment shall be, and hereby is, revised to add Section 705.10 “Use in Exigent Circumstances” to permit the use of military equipment not included in this policy to promote the safety and security of community members only in exigent circumstances and with the approval of the Chief of Police or his/her designee and pursuant to specified reporting requirements; and C. The City Council finds that each type of military equipment identified in the 2024 Annual Military Equipment Report has complied with the standards for approval set forth in Government Code section 7071(d), including the following:
(a) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (b) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
(c) The military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (d) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

PASSED AND ADOPTED this 22nd day of April, 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

33.6 ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 9.90 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO AB 481 MILITARY EQUIPMENT WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, creating Government Code Section 7070, et seq., relating to the use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, on May 10, 2022, the Santa Cruz City Council (“City Council”) adopted Ordinance 2022-09, adding Chapter 9.90 to the Santa Cruz Municipal Code (“SCMC”) and adopting a Military Equipment Use Policy (“Policy”);
WHEREAS, Government Code section 7071(b) requires SCPD obtain approval from the City Council prior to amending its Policy;
WHEREAS, pursuant to Government Code section 7071(b), SCPD is requesting approval from City Council to amend its Policy to permit SCPD to use of military equipment not included in the Policy during exigent circumstances and pursuant to specified use and reporting requirements, only;
WHEREAS, the addition of this exigent circumstances language to the Policy will help SCPD respond to emergency situations in a timely manner while protecting the safety and security of community members;
WHEREAS, Government Code section 7071(a)(1)(C) requires SCPD obtain approval from the City Council prior to acquiring military equipment; WHEREAS, Government Code section 7070(c)(1) defines unmanned, remotely piloted, powered aerial or ground vehicle as military equipment; WHEREAS, pursuant to Government Code section 7071(a)(1)(c), SCPD is requesting approval from the City Council to add 5G technology to its five (5) Skydio X10 Unmanned Aircraft Vehicles “Drones”;
WHEREAS, the enhanced connectivity provided by 5G technology will enable the SCPD to more effectively deploy Drones for investigative purposes; WHEREAS, Government Code section 7071(a)(1)(G) requires SCPD obtain approval from the City Council prior to acquiring military equipment not otherwise described in the subsection;

33.7 ORDINANCE NO. 2025-XX
2 WHEREAS, Government Code section 7070(c)(15) defines military equipment as all other equipment determined by City Council to require additional oversight; WHEREAS, pursuant to Government Code section 7071(a)(1)(c), SCPD is requesting approval from the City Council to amend its Category 15 military equipment list to specify the types of AR-15/M4 style Carbine rifles owned by SCPD;
WHEREAS, the addition of this specificity as to the Category 15 rifles will provide further clarification as to the types of military equipment used by SCPD, in furtherance of Government Code Section 7070, et seq.;
WHEREAS, the City Council, having received the amended Military Equipment Use Policy, providing for use of military equipment in exigent circumstances, the addition of 5G technology for SCPD Drones, and the addition of further specificity as to the types of rifles used by SCPD in Category 15, deems it to be in the best interest of the City to approve the amended Military Equipment Use Policy as set forth herein.

BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

SECTION 1. Chapter 9.90 of the Santa Cruz Municipal Code is amended as follows:

9.90.010 MILITARY EQUIPMENT POLICY.
(a) The city council hereby adopts the April 2025 military equipment use policy (“policy”) set forth in Santa Cruz Police Department Policy 705 after having made the following determinations:
(1) The military equipment inventoried and presented in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
(3) The equipment identified in the policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety, if any;
(4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or, if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(b) The police department has submitted a proposed policy to the city council and has made those documents available on the police department’s website for at least thirty days prior to the public hearing concerning the military equipment at issue. (c) The policy was considered by the city council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The policy shall be made publicly available on the police department’s website for as long as the military equipment is available for use.

33.8 ORDINANCE NO. 2025-XX
3 (e) The police department shall submit an annual military equipment report to the city council, containing the information required in Government Code Section 7072, and the city council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsections (a)(1) through (4). (f) The city council shall review this chapter and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) The city council approves the use of the policy and finds that it satisfies the requirements of Government Code Section 7070(d).

SECTION 2. Severability. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

SECTION 3. This ordinance shall take effect and be in force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this 22nd day of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this [Day] of [Month], 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
This is to certify that the above and
foregoing document is the original
of Ordinance No. 2025-xx and that

33.9 ORDINANCE NO. 2025-XX
4 it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

33.10 ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE CITY OF SANTA CRUZ AMENDING CHAPTER 9.90 OF THE SANTA CRUZ MUNICIPAL CODE PERTAINING TO AB 481 MILITARY EQUIPMENT WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, creating Government Code Section 7070, et seq., relating to the use of military equipment by California law enforcement agencies;
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, on May 10, 2022, the Santa Cruz City Council (“City Council”) adopted Ordinance 2022-09, adding Chapter 9.90 to the Santa Cruz Municipal Code (“SCMC”) and adopting a Military Equipment Use Policy (“Policy”);
WHEREAS, Government Code section 7071(b) requires SCPD obtain approval from the City Council prior to amending its Policy;
WHEREAS, pursuant to Government Code section 7071(b), SCPD is requesting approval from City Council to amend its Policy to permit SCPD to use of military equipment not included in the Policy during exigent circumstances and pursuant to specified use and reporting requirements, only;
WHEREAS, the addition of this exigent circumstances language to the Policy will help SCPD respond to emergency situations in a timely manner while protecting the safety and security of community members;
WHEREAS, Government Code section 7071(a)(1)(C) requires SCPD obtain approval from the City Council prior to acquiring military equipment; WHEREAS, Government Code section 7070(c)(1) defines unmanned, remotely piloted, powered aerial or ground vehicle as military equipment; WHEREAS, pursuant to Government Code section 7071(a)(1)(c), SCPD is requesting approval from the City Council to add 5G technology to its five (5) Skydio X10 Unmanned Aircraft Vehicles “Drones”;
WHEREAS, the enhanced connectivity provided by 5G technology will enable the SCPD to more effectively deploy Drones for investigative purposes; WHEREAS, Government Code section 7071(a)(1)(G) requires SCPD obtain approval from the City Council prior to acquiring military equipment not otherwise described in the subsection;

33.11 WHEREAS, Government Code section 7070(c)(15) defines military equipment as all other equipment determined by City Council to require additional oversight; WHEREAS, pursuant to Government Code section 7071(a)(1)(c), SCPD is requesting approval from the City Council to amend its Category 15 military equipment list to specify the types of AR-15/M4 style Carbine rifles owned by SCPD;
WHEREAS, the addition of this specificity as to the Category 15 rifles will provide further clarification as to the types of military equipment used by SCPD, in furtherance of Government Code Section 7070, et seq.;
WHEREAS, the City Council, having received the amended Military Equipment Use Policy, providing for use of military equipment in exigent circumstances, the addition of 5G technology for SCPD Drones, and the addition of further specificity as to the types of rifles used by SCPD in Category 15, deems it to be in the best interest of the City to approve the amended Military Equipment Use Policy as set forth herein.

BE IT ORDAINED by the City Council of the City of Santa Cruz as follows:

SECTION 1. Chapter 9.90 of the Santa Cruz Municipal Code is amended as follows:

9.90.010 MILITARY EQUIPMENT POLICY.
(a) The city council hereby adopts the April 2025 military equipment use policy (“policy”) set forth in Santa Cruz Police Department Policy 705 after having made the following determinations:
(1) The military equipment inventoried and presented in the policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(2) The proposed policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
(3) The equipment identified in the policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety, if any;
(4) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or, if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (b) The police department has submitted a proposed policy to the city council and has made those documents available on the police department’s website for at least thirty days prior to the public hearing concerning the military equipment at issue. (c) The policy was considered by the city council as an agenda item in an open session of a regular meeting, noticed in accordance with the Ralph M. Brown Act, at which public comment was permitted.
(d) The policy shall be made publicly available on the police department’s website for as long as the military equipment is available for use.

33.12 (e) The police department shall submit an annual military equipment report to the city council, containing the information required in Government Code Section 7072, and the city council shall determine whether each type of military equipment identified in that report has complied with the standards for approval set forth in subsections (a)(1) through (4).
(f) The city council shall review this chapter and vote on whether to renew it, on an annual basis at a regular meeting, in accordance with Government Code Section 7071(e)(2). (g) The city council approves the use of the policy and finds that it satisfies the requirements of Government Code Section 7070(d).

SECTION 2. Severability. If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

SECTION 3. This ordinance shall take effect and be in force thirty (30) days after final adoption.

PASSED FOR PUBLICATION this [Day] of April, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator
PASSED FOR FINAL ADOPTION this [Day] of [Month], 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

33.13 This is to certify that the above and
foregoing document is the original
of Ordinance No. 2025-xx and that
it has been published or posted in
accordance with the Charter of the
City of Santa Cruz.
________________________________
Bonnie Bush, City Clerk Administrator

33.14 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 1
Military Equipment
705.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
 Unmanned, remotely piloted, powered aerial or ground vehicles.  Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.  High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.  Tracked armored vehicles that provide ballistic protection to their occupants.  Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.  Weaponized aircraft, vessels, or vehicles of any kind.  Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
 Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
 Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue firearms.
 Any firearm or firearm accessory that is designed to launch explosive projectiles.  Noise-flash diversionary devices and explosive breaching tools.  Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
 TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).

Policy
705

33.15 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 2
 Kinetic energy weapons and munitions.
 Any other equipment as determined by a governing body or a state agency to require additional oversight.
705.2 POLICY
It is the policy of the Santa Cruz Police Department that, with respect to military equipment, members of this department comply with the provisions of Government Code § 7071, Penal Code § 13652 (AB 48), City of Santa Cruz Resolution No. NS-29,862, and Council Policy No. 29-16.
705.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a) Acting as liaison to the governing body for matters related to the requirements of this policy.
b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
c) Conducting an inventory of all military equipment at least annually. d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Santa Cruz Police Department (Government Code § 7071). e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
705.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:

See attachment: 2023 12 06 2025 04 03 Santa Cruz Police AB 481 Equipment List_FINAL.pdf

33.16 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 3
705.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
a) Requesting military equipment made available pursuant to 10 USC § 2576a. b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g) Acquiring military equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
Absent exigent circumstances, as further discussed in Section 705.10, Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 705.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.

33.17 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 4
705.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
705.9 PUBLIC SUBMITTAL OF COMPLAINTS, CONCERNS AND/OR QUESTIONS Any member of the public wishing to submit a complaint, concern, or question regarding the Department's use of each specific type of military equipment, should contact the Department's Professional Standards Unit, call (831) 420-5800, or visit the Department's website at https:// www.cityofsantacruz.com/government/city-departments/police and select the "Community Feed Back Form." Complaints, concerns, or questions can be submitted in any form (i.e., in person, telephone, email, etc.). The Department will work diligently to timely respond to the public submittal of complaints, concerns, and/or questions regarding the Department's use of each specific type of military equipment.
705.10 USE IN EXIGENT CIRCUMSTANCES
In exigent circumstances and with the approval of the Chief of Police or his/her designee, the Police Department may utilize military equipment that is not included in this policy to promote the safety and security of community members. If the Department utilizes military equipment in such exigent circumstances, it must take all of the following actions:
 Immediately cease use of the military equipment once the exigent circumstances necessitating such use cease to exist.
 Include information about the use and the military equipment used, consistent with Government Code section 7072, in the Department’s next annual military equipment report.

33.18 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 5
Santa Cruz Police Department Military Use Equipment List Pursuant to AB481.

1. Robot (Category 1)
a. Description, quantity, capabilities and purchase cost:

I. Recon Robotics “Throw bot.” Purchase cost: $9,000 in 2013. Quantity: 1.

This equipment is a battery powered, remote operated device. It is equipped with a color camera as well as infrared capabilities that allow for use in low or no light situations. It does not have audio capabilities, nor is it capable of creating audio or video recordings. The Throw Bot is designed to be carried and operated by one person and can be thrown a significant distance without damage. It cannot traverse stairs on its own and it does not have any arm, claw or other type of manipulation attachment. The Throw Bot has no ability to have a weapon or other device affixed to it, nor is the Throw Bot capable of delivering a weapon or other device. This equipment is for use during high-risk incidents or incidents where its use may enhance officer or civilian safety. These include but are not limited to:
a high-risk search warrant, barricaded subject or hostage negotiation/rescue. This equipment can provide officers with the location of a subject inside of a structure or room. It can assist officers in locating suspects, determining whether the suspect armed, and can provide the locations of injured persons or hostages. This equipment can provide critical tactical information without placing officers at undue risk. This equipment has been used in numerous high risk and dangerous incidents.

II. Recon Robotics “Throw bot 2.” Purchase cost: $16,270. Quantity: 1.

This equipment is a battery powered, remote operated device. It is equipped with a color camera as well as infrared capabilities that allow for use in low or no light situations. It is capable of one-way audio (Listening only). The audio and video captured by the Throw Bot 2 can be recorded onto an SD card via the remote device. The Throw Bot 2 is designed to be carried and operated by one person and can be thrown a significant distance without damage. It cannot traverse stairs on its own and it does not have any arm, claw, or other type of manipulation attachment. The Throw Bot 2 has no ability to have a weapon or other device affixed to it, the Throw Bot 2 is incapable of delivering a weapon or other device. This equipment is for use during high-risk incidents or incidents where its use may enhance officer or civilian safety. These include but are not limited to: a high-risk search warrant, barricaded subject or hostage negotiation/rescue. This equipment can provide officers with the location of a subject inside of a structure or room. It can assist officers in locating suspects, determining whether the suspect is armed, and can provide the locations of injured persons or hostages.

This equipment can provide critical tactical information without placing officers at undue risk. This equipment has been used in numerous high risk and dangerous incidents.

III. AVITAR II by Robotex. SCPD has access to two AVITAR II robots maintained by the Santa Cruz Sheriff’s Office. The AVITAR II is a heavyduty robot, controlled by remote operation with a camera attachment owned by the Santa Cruz Sheriff’s Office.

33.19 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 6
b. Purpose:

To be used to remotely search areas and gain visual data. c. Authorized Use:

The SCPD Emergency Service Unit (ESU) Tactical team has primary control over the Throw Bot. It is available for use by any SCPD officer in any situation where it would enhance officer or civilian safety. The AVITAR II Robots are entirely owned and operated by Santa Cruz Sheriff’s Office personnel. d. Legal and Procedural Rules:

All applicable SCPD policies, including but not limited to, Search and Seizure312, Missing Persons-316, Emergency Services Unit-404 and Recordings 426.5.

Any use of SCPD robots will be for official law enforcement purposes, pursuant to State and Federal law, and in a manner that respects the privacy of our community.
e. Required Training:

I. The SCPD conducts department specified training for personnel to use the Throw Bot. This includes set up, deployment, safe and effective use of the Throw Bot and Throw Bot 2. This includes set up, deployment, safe and effective use of the Throw Bots.

II. Training required for the use of the AVITAR II robots is in accordance with the Santa Cruz County Sherriff’s policy.
f. Expected Lifespan:

I. Throw Bot: The Throw Bot is designed to be in service 8-10 years. The Throw Bot will be used until repairs are no longer supported by the manufacturer, the Throw Bot has been in service since 2013. It has been repaired by the manufacturer once.

II. Throw Bot 2: The Throw Bot 2 is designed to be in service 8-10 years.

The Throw Bot 2 is covered under the manufacturer’s warranty for one year. Once the warranty expires any repairs required will be done by the manufacturer at SCPD’s cost.

III. AVITAR II: Not a consideration for SCPD.
g. Fiscal Impact
I. Throw Bot: No known annual maintenance costs.

II. Throw Bot 2: $16,270 (Homeland Security grant funded). No known annual maintenance costs.

III. AVITAR II: No fiscal impact for SCPD.

2. Unmanned Aerial Systems UAS (Category 1)
a. Description, quantity, capabilities and purchase cost:

Skydio Drone X10 Unmanned Aerial Drone with Skydio, spare propellers and batteries, NightSense, Visible Light for X10, Skydio Spotlight for X10, and Skydio Speaker/Mic for X10, 5G Connectivity. Purchase cost: $21,706.88 each. Quantity sought: 5. This equipment is a battery-powered remote operated Unmanned Aerial Drone. It is equipped with a camera that is capable of audio and video recording.

The camera has low light capabilities and can be used in darkness. The camera has thermal capabilities, meaning that it can detect heat signatures of substances, objects, or persons that are warmer than their surrounding environment. The camera has zoom capabilities that enable it to read the license plate of a vehicle up

33.20 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 7
to 800 yards away. The drone is capable of mapping crime scenes and major collisions scenes. When used in conjunction with software, 3 dimensional renderings of these scenes can be created for investigative purposes. The UAS has a 40-minute flight time per battery, it can fly at speeds of up to 45 miles per hour and it can be deployed by a trained operator in less than 40 seconds. The UAS cannot be weaponized and is not designed to carry or deploy any type of weapon or device. While versions of the UAS software has facial recognition capacities, the UAS will not be used for facial recognition and the Department will not purchase software that supports facial recognition. b. Purpose
To support authorized law enforcement activity by providing aerial visual and audio capabilities.
c. Authorized Use:

Only officers who are licensed and have completed the required training may deploy and operate the UAS. The UAS will be operated in compliance with all applicable local, State and Federal laws and in accordance with constitutional and privacy rights. Authorized uses of the UAS include, but are not limited to, the following:

I. Public safety emergency
II. Search and Rescue/Water Rescue
III. Lost or missing persons
IV. Investigation of suspicious or explosive devices
V. Natural disaster response and management
VI. Crime scene documentation
VII. Traffic collision documentation
VIII. Recovery of decedent
IX. Qualifying law enforcement or fire department mutual aid X. Pursuant to a valid search and/or arrest warrant
XI. To assist in the service of a valid search and/or arrest warrant XII. Crime in progress
XIII. Locating a fleeing suspect
XIV. Departmental videos including but not limited to recruitment and public relations
XV. Educational demonstrations
XVI. Department training
d. Legal and Procedural Rules:

All applicable SCPD policies, including but not limited to, Unmanned Aerial System607, Search and Seizure-312, Missing Persons-316, Emergency Services Unit-404 and Recordings 426.5; Santa Cruz Municipal Code Chapter 9.85. Use of UAS will be for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to local, State and Federal law, and Federal Aviation Administration (FAA) regulations.
e. Required Training:

The Department will maintain a current FAA Certificate of Waiver or Authorization.

All operators must be licensed pursuant to FAA Part 107 Remote Pilot Certificate.

33.21 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 8
All UAS operators will complete additional training as may be required by department policy and/or State and Federal regulation.
f. Expected Lifespan:

Each UAS has a 1-year limited manufacturer’s warranty. The Department will purchase an additional 3-year care package for each UAS. This provides for one non-cost replacement of an inoperable UAS and reduced costs for any subsequent replacements. The Department intends to operate these UAS until they become obsolete and are no longer supported by the manufacturer. g. Fiscal Impact
The Department will be required to modify two marked SCPD vehicles with specific equipment to operate the UAS. This equipment will be used to store and transport drones, display monitors, power inverter systems, spare batteries, and solar charging equipment. The estimated purchase and installation cost for this equipment is $27,708.

In addition to the purchase cost of the UAS, and operational equipment, the Department will purchase software and licensing. These costs are estimated at $80,516.45 over the course of five years and include the software required to operate the UAS and to integrate the UAS with the Department’s Axon evidence system.

Initial training costs for the first year are estimated at $6,926 and will include all required training and licensing costs for the UAS operators, including FAA licensing.

The Department will also purchase warranty and support service subscriptions over the course of five years for a total of $26,245.

3. Armored Personnel Carrier, vehicle with entry apparatus attached (Category 2&3) a. Description, quantity, capabilities and purchase cost:

Lenco Armored Rescue Vehicle (ARV). Purchase cost $230,378. Quantity: 1. The ARV is designed to provide ballistic protection during tactical events, and is designed to withstand multiple bullet strikes from small arms fire and low level explosions. The ARV is equipped with remote operated spotlights, emergency lights, siren and a public address system. Common uses for the ARV include citizen and officer rescues, evacuations and the deployment of officers and chemical munitions. The ARV has been used in numerous high-risk and critical incidents including use by allied agencies in Santa Clara County, Santa Cruz County and San Mateo County.
b. Purpose:

To be used in response to high-risk or critical incidents to enhance officer and community safety, assist in scene containment and to assist in resolving critical incidents.
c. Authorized Use:

Only the Watch Commander or the ESU commander may authorize the use of the ARV. Deployment must be based on the specific circumstances of a given critical incident. The ARV was purchased through a BUASI grant. The terms of this grant require that SCPD make the ARV available to any allied agency with the BUASI area as long as the situation the ARV is requested for meets the

33.22 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 9
criteria for deployment set forth in SCPD Policy 702. SCPD generally sends at least one member of the ESU tactical team with the ARV if one is available. d. Legal and Procedural Rules:

All applicable SCPD policies including but not limited to Vehicle Use -702, ESU Tactical Team-404. It is the policy of the Department to utilize armored vehicles only for official law enforcement purposes, and pursuant to State and Federal law.
e. Required Training:

Members of the ESU team train officers in the use of the ARV. This training includes capabilities of the ARV, safety considerations, conducting civilian and officer rescues as well as other deployment considerations. f. Expected Lifespan:
20 years.
g. Fiscal Impact
$4,312 per year (parts, labor, and fuel).

4. Ford F350 transport vehicle (ESU Truck, category 5)
a. Description, quantity, capabilities and purchase cost. 2008 Ford F350 transport vehicle. A standard Ford F350 truck chassis with a large box type compartment attached to the chassis from the cab back. Purchase cost: $65,000. Quantity: 1. The interior of the compartment is fitted with shelving and seats. The outsides of the compartment are fitted with multiple storage boxes.

The vehicle contains various equipment, spare ballistic shields, breeching tools, small tools, medical supplies, pens, writing tablets, power inverters etc. b. Purpose:

The Ford F350 is deployed during critical incidents or any other instance where it can be utilized to transport personnel and equipment.
c. Authorized Use:

Any member of the SCPD is authorized to drive the vehicle if directed to do so.

The vehicle is used primarily by the ESU team.
d. Legal and Procedural Rules:

All applicable SCPD policies including but not limited to Vehicle Use -702 and Emergency Services Unit-404. It is the policy of the SCPD to use the vehicle only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
e. Required Training:

All driver/operators shall receive training in the safe operation of the vehicle. f. Expected lifespan:
20 Years.
g. Fiscal Impact:
$1,158 per year (parts, labor, and fuel).

5. Command and Control Vehicles (Category 5)
a. Description, quantity, capabilities and purchase cost:

Chevy Tahoe Patrol Vehicle. Purchase cost: $60,000 each.

Quantity: (1) 2017 Model (Lieutenant), (3) 2018 models (Sergeants). These vehicles can act as a Mobile Command Center. The vehicle is equipped with file

33.23 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 10
cabinets, dry erase board, medical supplies and additional mapping equipment. b. Purpose:

The Mobile Command Center is commonly utilized during incidents which involve the use of the Incident Command System (ICS). The Mobile Command Center assists with creating a set of objectives and overall goals, developing appropriate tactics, ensuring the allocation of appropriate resources, reviewing plans, communicating goals, tactics, expectations, and establishing accountability. c. Authorized Use:

The Mobile Command Center is used when deemed appropriate by the field supervisor or Watch Commander.
d. Legal and Procedural Rules:

All applicable SCPD policies including but not limited to Vehicle Use -702. It is the policy of the SCPD to use the vehicle only for official law enforcement purposes, and in accordance with California State law regarding the operation of motor vehicles.
e. Required Training:

All driver/operators shall receive training in the safe operation of the vehicle. f. Expected Lifespan:

I. Chevy Patrol Vehicle: 10 years.

II. The Mobile Command Center does not have a minimum or maximum lifespan and can be transferred to other vehicles.
g. Fiscal Impact:

I. There is no annual maintenance cost for The Mobile Command Center.

II. Vehicle maintenance cost is approximately $1,575 per year, per vehicle (parts, labor, and fuel).

6. Firearms of Greater than .50 caliber (Category 8)
a. Description, quantity, capabilities and purchase cost:

Mossberg 590 12 gauge pump action shotguns. Purchase cost, approximately $1,400 each. Quantity: 2. These shotguns are built on a standard Mossberg 590 action. They have a 13.5 inch barrel with a breaching muzzle brake affixed to the end of the barrel.
b. Purpose:

These shotguns are specifically designed to be used as breaching tools in situations where rapid entry into a structure is required, such as a hostage situation. They are used to defeat the locking mechanism or the hinges of door by firing a breaching shotgun round into these areas.
c. Authorized Use:

Only members of the ESU Tactical team who have completed a breaching school and are trained in the use of these weapons are authorized to use them. d. Legal and Procedural Rules:

All applicable department policies, including but not limited to Use of Force-300, Firearms-306, Search and Siezure-312 and Emergency Services Unit-404. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

33.24 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 11
Only officers who have completed a department authorized breaching school may use these shotguns. The school must include specific training related to the breaching shotgun.
f. Expected Lifespan:

No expiration date. The shotguns may need replacement parts when serviced or replaced if they break.
g. Fiscal Impact:
$0-$1,400 per year.

7. Firearms of Greater than .50 Caliber (Category 8)
a. Description, quantity, capabilities and purchase cost:

Remington 870 12 Gauge pump action chemical agent launching shotgun.

Purchase cost: $700. Quantity: 1.This shotgun was repurposed from an out of service shotgun that SCPD already had in inventory. This shotgun is specifically designed to launch a specific type of chemical munition. Though based on a standard 12 gauge shotgun, it is not designed or capable of firing lethal shotgun rounds. The buttstock and fore-end are bright orange and it is marked as a “Less Lethal” weapon. It has a purpose built launching cup permanently affixed to the muzzle.
b. Purpose:

This shotgun is designed to launch a specific type of launchable CS (2- chlorobenzylidene malononitrile) chemical agent canisters approximately 25 yards away. It allows officers to deploy chemical agents during critical incidents from behind cover or in a situation where hand delivering the agents would be unsafe.

It allows officers the ability to deploy chemical agents in second and third floors of structures where it would be impossible for officers to hand deliver the agents. c. Authorized Use:

Only officers assigned to the ESU Tactical team are currently authorized to use this launching shotgun.
d. Legal and Procedural Rules:

All applicable policies including but not limited to Use of Force-300, Firearms306, Control Devices and Techniqies-302, Search and Seizure- 312 and ESU Tactical team -404. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, noise, flash, diversionary devices (NFDD) and deployment platforms, in addition to manufacture specific instructor certifications.

The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department.
f. Expected Lifespan:

No expiration. The shotgun may need parts when serviced or replacement if it breaks.

33.25 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 12
g. Fiscal Impact:
$0-$700 per year.

8. Ammunition of .50 caliber or greater (Category 9).
a. Description, quantity, capabilities and purchase cost:

12. Gauge launching Cartridges Defense Technologies part number 1210.

Purchase cost: $371.25. Quantity: 55. These are blank shotgun cartridges that utilize black powder as the propellant.
b. Purpose:

When used with launching shotgun, the pressure created in the barrel by the expanding gasses of the black powder propellant provide enough force to launch the chemical agent canister from the shotgun. Though this ammunition is designed and is advertised for other uses, the SCPD only uses it as a launching cartridge for the launching shotgun.
c. Authorized Use:

Only officers assigned to the ESU team who are trained in the use of the launching shotgun are permitted to use these shotgun-launching rounds. d. Legal and Procedural Rules:

All applicable policies including but not limited to Use of Force-300, Firearms- 306, Control Devices and Techniqies-302, Search and Seizure- 312 and ESU Tactical team -404. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department. f. Expected Lifespan:
5 years.
g. Fiscal Impact:
$0-$500 per year.

9. Specialized Firearms and ammunition of less than .50 caliber (Category 10) a. Description, quantity, capabilities and purchase cost:

The department maintains a Precision Rifle team within the ESU Tactical team.

These officers are trained in the use of precision rifles that are specifically designed to stop lethal threats at various distances and through barrier mediums that a carbine rifle would not. These rifles are chambered in .308 Winchester.

This is a .30 caliber round that is highly accurate and used during potentially lethal encounters. The .308 is capable of defeating soft body armor at greater distances.

I. Defiance bolt action precision rifles. Purchase cost: $15,609. Quantity: 3.

33.26 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 13
II. Accuracy International AT series bolt action rifle. Purchase cost: $4,462.

Quantity: 1.

III. Hornady .308 155 grain ELD Match TAP ammunition. Purchase cost:
$6,720. Quantity: 3,200.
b. Purpose:

To provide officers with the ability to address lethal threats with more precision, at greater distances than a Carbine rifle or handgun are capable. c. Authorized Use:

Only those officers assigned to the ESU Tactical team, and who have been selected as members of the Precision Rifle team may use these weapons. d. Legal and Procedural Rules:

All applicable department policies, including but not limited to, Use of Force-300, Firearms-306 and ESU Tactical Team-404. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. e. Required Training:

Officers assigned to the Precision Rifle Team are required to attend and pass a POST certified basic Precision Rifle course before they are permitted to use these weapons.
f. Expected Lifespan:

I. Defiance Precision Rifles, no expiration date. They will need parts and service as they become worn or break.

II. Accuracy International AT Series Rifle, no expiration date. It will need parts and service as they become worn or break.

III. Hornady 155 grain ELD Match TAP, no expiration date. g. Fiscal Impact:

I. Precision rifles, $0-$1,000 per fiscal year.

II. Hornady Ammunition, $0-$6,720 per fiscal year.

10. Flashbang, Teargas and Pepper balls (Category 12)
a. Description, quantity, capabilities and purchase cost:

Noise, Flash, Diversionary Devices (NFDD) commonly referred to as “flashbangs” are single use devices that emits a loud bang and a very bright flash. They are designed to disorient and distract dangerous subjects by overwhelming their senses and provide a window of time, approximately 6-8 seconds, for officers to take control of dangerous or high-risk situations.

Additionally, the SCPD possess “Stinger Grenades.” This device is a rubber ball that contains a small NFDD in addition to 60 .32 caliber rubber balls. When used, the grenade separates along its hemisphere and expels the balls while simultaneously giving a loud bang and bright flash. These are useful in crowd control or riot situations as a means to disperse groups of violent individuals in addition to the disorienting effect of the NFDD component to mitigate dangerous behavior. These can be purchased in configurations that include OC/CS (2chlorobenzylidene malononitrile/Oleoresin Capsicum) agent dispersing capabilities, inert powders or simply the .32 caliber balls.

I. 8902NR 12 gram low roll NFDD. Purchase cost: $2,426. Quantity: 40.

II. 7007 4 gram NFDD training reloads. Purchase cost $955. Quantity: 26.

33.27 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 14
III. 1090 Stinger Grenades. Purchase cost $523. Quantity: 10. b. Purpose:

To produce a loud noise, overpressure and a very bright flash, that can cause temporary psychological and physiological deprivation and give officers an advantage in high-risk tactical situations. Generally, NFDD (not including stinger grenades) are not a primary device used in riot situations, however there are narrow instances requiring authorization of the incident commander where they could be used.
c. Authorized Use:

Only those officers who are trained in the use of the devices are authorized to use them. Currently the only officers trained in the use of these devices are members of the ESU Tactical team. Use of NFDD is controlled by SCPD policy and best practice. Situations where an NFDD may be used include but are not limited to: hostage or barricaded subject situations, high-risk warrant service (arrest/search) where risk to officers is extremely high; during any other high risk situation where use of an NFDD may increase officer safety or training. d. Legal and Procedural Rules:

All applicable department policies, including but not limited to Use of Force-300, ESU tactical Team-404, Control Devices and Techniques-302. It is the policy of the SCPD to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department. f. Expected Lifespan:

I. 8902NR 12 gram low roll NFDD- 5 years.

II. 7007 4 gram NFDD training reloads- 5 years.
g. Fiscal Impact:

I. 8902NR 12 gram low roll NFDD-$0-$2000 per year.

II. 7007 4 gram NFDD training reloads $0-$832 per year.

11. Chemical Agents “Teargas” (Category 12)
a. Description, quantity, capabilities and purchase cost:

The SCPD uses chemical agents, commonly referred to as “teargas” as less lethal tools to disperse rioting subjects or on barricaded subjects. The two agents the SCPD uses are CS (2-chlorobenzylidene malononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and a lachrymator. It irritates the eyes and causes tearing while also irritating the respiratory system causing coughing.

These reactions are temporary and quickly subside especially if the subjects remove themselves from the area where the chemical agent has been deployed.

The U.S Army has tested CS extensively. There are no known allergic reactions to CS. OC is an, inflammatory agent. It causes a burning sensation, involuntary

33.28 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 15
closure of the eyes and tightness in the chest. These symptoms generally subside within an hour or less of exposure. OC is legal for civilians to possess in certain quantities.

I. 1082 Riot Control CS Canister. Purchase cost: $352. Quantity: 12.

Pyrotechnic device used in outdoor situations to disperse rioting crowds, should not be used indoors due to risk of fire. Releases 75.6 grams of CS in 20-40 seconds.

II. 1032 Tri-Chamber Flameless CS Canister. Purchase cost: $647. Quantity:

14. Pyrotechnic device designed to be used indoors and presents a minimal risk of fire. Hand delivered only. Releases 20 grams of agent in 20- 30 seconds.

III. 5230B Baffled Launchable CS canister. Purchase cost: $416. Quantity:

10. Pyrotechnic device, designed to be launched from the launching shotgun. For use indoors and presents minimal risk of fire. Releases 25 grams of agent in 20-40 seconds.

IV. 1026 Triple Chaser separating canister. Purchase cost: $1,047. Quantity:

20. Pyrotechnic device, designed to be used outdoors in riot control situations. It is a canister, that when deployed separates into three smaller canisters. It allows officers to deploy chemical agents over a larger area with less munitions. Releases 92 grams of agent between three separate smaller canisters over 20-30 seconds.

V. 56854 Aerosol OC Fogger. Purchase cost: $89. Quantity: 4. Nonpyrotechnic canister. This canister sprays OC with the aid of compressed air. It is designed to be used indoors or in vehicles. It has no risk of fire. It will release a 1.3% OC spray over 15-25 seconds.

VI. 2262 40mm CS Liquid Ferret projectile. Purchase cost: $1,238. Quantity:

44. Non-pyrotechnic launched projectile. This munition is fired from a 40mm less lethal launcher. It is a hardened projectile intended to be used to defeat barriers such as glass and thin wooden barriers. When it penetrates or impacts a hard surface, it disperses liquid CS agent into the area. These are not for use against people.

VII. 2260 40mm OC Liquid Ferret projectile. Purchase cost: $289. Quantity:

10. Non-pyrotechnic launched projectile. This munition is fired from a 40mm less lethal launcher. It is a hardened projectile intended to be used to defeat barriers such as glass and thin wooden barriers. When it penetrates or impacts a hard surface, it disperses liquid OC agent into the area. These are not for use against people.
b. Purpose:

To limit escalating situations where lethal force is prohibited or undesirable.

Situations where these munitions would be deployed include, but are not limited to: self-destructive, dangerous or combative individuals; riot or crowd control situations or other violent civil unrest; situations where use of the munitions would provide a tactical advantage; training or authorized demonstration. A “tactical advantage” could include but is not limited to: deployment into a structure or vehicle where an armed violent/self-destructive subject is barricaded; or a riot situation where, deployment can either create an environment that causes violent persons to disperse or leave the area or limit the advance of a violent group or

33.29 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 16
deny a violent group access to specific areas or law enforcement. c. Authorized Use:

Only officers trained in the use of these munitions may use them. This includes officers assigned to the ESU Tactical team and officers assigned as “grenadiers” during a crowd control or violent civil unrest situation. d. Legal and Procedural Rules:

To be used in accordance with Penal Code section 13652 (AB 48). All applicable policies, including but not limited to Use of Force-300, ESU Tactical team-404 and Control Devices and techniques-302. It is the policy of the SCPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train the other members of the department. f. Expected Lifespan:

I. 1082 Riot Control CS Canister-5 years.

II. 1032 Tri-Chamber Flameless CS Canister-5 years.

III. 5230B Baffled Launchable CS canister-5 years.

IV. 1026 Triple Chaser separating canister-5 years.

V. 56854 Aerosol OC Fogger-5 years.

VI. 2262 40mm CS Liquid Ferret projectile-5 years.

VII. 2260 40mm OC Liquid Ferret projectile-5 years.
g. Fiscal Impact:

All chemical munitions $0-$5,000 per fiscal year based on fiscal budgeting.

12. Pepper Ball Guns and Pepper Balls (Category 12)
a. Description, quantity, capabilities and purchase cost.

I. Pepper ball guns. Purchase cost. $1,399. Quantity: 4. Pepper ball guns are a compressed air powered launcher, almost identical in manufacture to a common paintball gun. It fires .68 caliber plastic balls that contain an irritant powder. The pepper ball gun can fire pepper balls up to 60 feet and can launch pepper balls farther to saturate an area.

II. Pepper Balls. Purchase cost: $967 (per container). Quantity: 4 (containers of 375 pepper balls). Pepper Balls are .68 caliber projectiles.

They are a plastic shell that contains an irritant powder that consists of PAVA, a pepper derivative. This powder causes a burning sensation and involuntary eye closure when coupled with the impact of the projectile. It is used for pain compliance and disorientation.
b. Purpose:

To limit escalating situations where lethal force is prohibited or undesirable.

Situations where these munitions would be deployed, include: Self destructive, dangerous or combative individuals; riot or crowd control situations or other

33.30 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 17
violent civil unrest; situations where use of the munitions would provide a tactical advantage; training or authorized demonstration. A “tactical advantage” could include but is not limited to: deployment into a structure or vehicle where an armed violent/self-destructive subject is barricaded, or a riot situation where, deployment can either create an environment that causes violent persons to disperse or leave the area or limit the advance of a violent group or deny a violent group access to specific areas or law enforcement.
c. Authorized Use:

Only officers who are certified to use the pepper ball system. d. Legal and Procedural Rules:

To be used in accordance with Penal Code section 13652 (AB 48). All applicable policies including but not limited to Use of Force-300, Control Devices and Techniques-302. It is the policy of the SCPD to utilize pepper ball guns and pepper balls only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. e. Required Training:

Officers must attend a manufacturer specific training course to be certified to use the pepper ball systems.
f. Expected Lifespan:

I. Pepper ball guns, no expiration. They will need parts and service as they wear out or break.

II. Pepper Balls, 2 years.
g. Fiscal Impact
Pepper ball guns, $0-$500 per year. Pepper
Balls $0-$500 per year.

13. Long Range Acoustic Device (LRAD) (Category 13)
a. Description, quantity, capabilities and purchase cost:

GENASYS Inc. LRAD-100X. Purchase cost: $8,179.77. Quantity: 1. This device is a self-contained, lightweight, battery operated hailer that communicates with great intelligibility up to 600 meters. It emits acoustic sound pressure levels up to 140db. It provides clear unmistakable, intelligible communications and stunning alert tones and can play pre-recorded audio messages, mp3 audio files and live broadcasting via a handheld microphone. It can broadcast tones at a volume that causes discomfort to those who hear the tones. The device provides directional sound capabilities allowing the user to direct the uncomfortable tones at a specific person or group of persons.
b. Purpose:

To serve as a notification/communication system during critical incidents, where the user is conveying a message to a person or persons. To be used during violent or riotous situations as a means to advise participants that they are involved in legally prohibited activities. To be used to broadcast alert tones in a directed manner at persons involved in riotous or destructive behavior as a means of dispersing the crowd and stopping the behavior. This device provides the SCPD with the ability to address violent persons or groups of persons during a riot or other violent crowd control situation without the use of kinetic less lethal

33.31 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 18
weapons such 40mm launchers or chemical agents, allowing SCPD to attempt de-escalation via less forceful means.
c. Authorized Use:

Only officers who are trained in its use, with the authorization of an incident commander, may use this device.
d. Legal and Procedural Rules:

All applicable policies including but not limited to Use of Force-300, Control Devices and Techniques-302. It is the policy of the SCPD to utilize the LRAD only for official law enforcement purposes, and pursuant to State and Federal law.
e. Required Training:

Officers must attend a department specified training to use this device. f. Expected Lifespan:
20-25 years. Repairs completed as needed.
g. Fiscal Impact:

No known fiscal impact, the device is new.

14. 40mm Projectile Launchers (Category 14)
a. Description, quantity, capabilities and purchase cost:

The 40mm projectile launcher is a Less Lethal platform. It is not a firearm and is not capable of firing any military grade explosive projectile. It is designed to fire a projectile designed to be used against persons in situations where lethal force is prohibited. It allows officers to use Less Lethal Direct Impact spins stabilized munitions at distances up to 120 feet. The munitions cause pain compliance via blunt force impact. They can incapacitate violent subjects armed with weapons that are not firearms, allowing officers to safely take a subject into custody. The standoff capabilities allow officers to apply force via the impact rounds and assess if further application of force is required. This mitigates the need for officers to approach a violent/armed subject, reducing the chances of a lethal force scenario.

I. Defense Technologies DT1325 40mm-single barrel launchers. Purchase cost: $11,620. Quantity: 14. (No longer manufactured)
II. Lewis Machine and Tool (LMT) 1425 40mm single barrel launchers.

Purchase cost: $12,450. Quantity: 15.

III. Lewis Machine and Tool (LMT) 1440 40mm 4 shot multi launchers.

Purchase cost: $3,798. Quantity: 2.

IV. Penn Arms PGL65-40 40mm 6 shot multi launcher. Purchase cost:

Approximately $3,000. Quantity: 1.
b. Purpose:

To be used as a less lethal tool, to apply pain compliance to self-destructive, armed or combative/resistive persons, to prevent the person from causing harm to themselves or others. Also used during violent riots or large crowd control disturbances. They can be used to mark persons engaged in the above activity making the person(s) identifiable for arrest.
c. Authorized Use:

Only officers who have completed a department training course may deploy these less lethal tools. Every patrol vehicle has a single launcher in it for use by patrol officers. Only officers specifically trained in the use and application during a crowd control or riotous situation may use them in those instances.

33.32 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 19
d. Legal and Procedural Rules:

To be used in accordance with Penal Code section 13652 (AB 48). All applicable policies, including but not limited to, Use of Force-300, Control Devices and Techniques-302 and Emergency services Tactical Team-404. It is the policy of the SCPD to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department. f. Expected Lifespan:

I. Defense Technologies DT1325 40mm-single barrel launchers: No expiration. No longer manufactured. Will be serviced or repaired as long as viable.

II. Lewis Machine and Tool (LMT) 1425 40mm single barrel launchers: No expiration. Will need parts and service when they wear out or break.

III. Lewis Machine and Tool (LMT) 1440 40mm 4 shot multi launchers: No expiration. Will need parts and service when they wear out or break.

IV. Penn Arms PGL65-40 40mm 6 shot multi launcher: No expiration. Will need parts and service when it wears out or breaks.
g. Fiscal Impact:

For all of the listed launchers: $0-500 per year.

15. 40mm ammunition: (Category 14)
a. Description, quantity, capabilities and purchase cost:
40mm ammunition meant to be used in 40mm Projectile Launchers described above. All of the 40mm rounds in this section are approved for use against people if the force is justified. SCPD has three impact munitions, the Exact Impact is a less lethal projectile made of a foam rubber often called a “sponge round” with a consistency similar to a sponge. It is fired using smokeless powder and is designed to incapacitate people through pain compliance and impact. It is blue in color and can be fired from ranges between 5’ and 120’. The Direct Impact round is an impact munition that carries a powder payload within the projectile.

The payload can be a chemical agent powder or it can contain an inert marking powder. These munitions provide the same less lethal pain compliance/deescalation/violence mitigation functions as the Exact Impact munitions, with the added benefit of an irritant powder, or the ability to make a riotous subject identifiable for arrest. The SCPD also uses reusable training ammunition that allow true to real training at lower cost.

I. eXact Impact 40mm: Purchase cost: $4,011. Quantity: 140.

II. Direct Impact 40mm OC. Purchase cost: $732. Quantity: 24.

33.33 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 20
III. Direct Impact 40mm Marking. Purchase cost: $970. Quantity: 32.

IV. Training Sponge ammunition 24 round kit. Purchase cost: $2,537.

Quantity: 7.
b. Purpose:

To be used as a less lethal tool in situations where lethal force is prohibited. To assist officers in intervening in violent or potentially violent situations by use of pain compliance. To allow officers the ability to apply less lethal force from distance or behind cover, which provides time to assess the effect of the force used and re-apply or discontinue force as the situation allows. c. Authorized Use:

Only officers who are trained in the use of these projectiles are authorized to use them. Situations where use may be authorized include but are not limited to:
armed self-destructive individuals, violent resistive individuals, violent riotous individuals, situations where use would increase safety and mitigate the need for higher uses of force, authorized training or demonstrations. d. Legal and Procedural Rules:

To be used in accordance with Penal Code section 13652 (AB 48). All applicable policies including but not limited to Use of Force-300, Control Devices and Techniques-302. It is the policy of the SCPD to utilize these devices only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

Officers must attend department training regarding the use of these items. This training includes SCPD policy, legal obligations and reporting requirements.

Instructors must attend a 40 hour POST certified instructor course regarding the use of chemical agents, NFDD and deployment platforms, in addition to manufacture specific instructor certifications. The SCPD maintains officers who are POST certified as instructors of chemical munitions, NFDD and launching platforms. These officers in turn train other members of the department. f. Expected Lifespan:

I. eXact Impact 40mm-5 years.

II. Direct Impact 40mm OC-5 years.

III. Direct Impact 40mm Marking-5 years.

IV. Training Sponge ammunition 24 round kit-5 years.
g. Fiscal Impact:
$0- 5,000 per year. Given the 5 year life span of these munitions, the SCPD may not need to purchase more every fiscal year.

16. Other Specified Items/Equipment (Category 15)
a. Description, quantity, capabilities and purchase cost:

The department currently issues AR-15/M4 style Carbine rifles to its officers as a means of addressing potential lethal force situations. The department issues two brands, Colt and Lewis Machine and Tool (LMT). The Carbine rifle is a lightweight, gas operated, air-cooled, shoulder fired, semi-automatic, magazine fed weapon. It is capable at providing accurate fire at various distances. The

33.34 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 21
Hornady 5.56x45mm NATO, 75 grain BTHP (Boat Tail Hollow Point) TAP (Tactical Application Police) is the current standard issue rifle ammunition for all carbines in the department. This ammunition type is a medium caliber rifle round.

It is capable of defeating soft body armor a subject may be wearing, as well as other intermediate barriers. The duty round is specifically designed to limit over penetration thus mitigating danger to innocent persons or other officers. SCPD uses ammunition of the same caliber ammunition for training purposes.

Generally, the training ammunition is 55 grain full metal jacket ammunition. This type of ammunition is solely for training purposes. The cost of the training ammunition is less than that of the duty ammunition.

I. Colt Carbines. Purchase cost: $33,250. Quantity: 35.

I. Colt LE6920 Carbines. Purchase cost: $31,350. Quantity: 33.

II. Colt Sporter Carbines. Purchase cost: $1,900. Quantity 2.

III. LMT Carbines. Purchase cost: $49,000. Quantity: 35.

IV. Hornady 5.56x45mm NATO, 75 grain BTHP TAP. Purchase cost:
$4,560. Quantity: 5,700. SCPD does not have to order duty ammunition every fiscal year.

V. .223/5.56 55 grain full metal jacket is the standard training round the department uses. The manufacturer of the ammunition varies based on what is available at the time the department needs to make an order. Quantity: 35,500. Cost: $12,070.
b. Purpose:

The Carbine rifle provides officers the ability to employ a more precise weapon in potential lethal force encounters. It provides officers the ability address armed violent subjects at a greater distance than with a handgun. It provides officers with the ability to defeat soft body armor and intermediate barriers when addressing armed violent subjects.
c. Authorized Use:

Only officers who have completed a POST required 16 hour training course are authorized to use the carbine rifle and associated ammunition. d. Legal and Procedural Rules:

All applicable department policies, including but not limited to, Use of Force-300, Firearms-306. It is the policy of the SCPD to utilize firearms and ammunition only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.
e. Required Training:

All officers are required to attend a POST required 16 hour Patrol Rifle course before they are permitted to use these weapons. Currently this course is mandatory for all officers after graduating the Academy, before beginning the Field Training Program
f. Expected Lifespan:

Carbine Rifles, approximately 20 years. Service is performed as needed and parts are replaced as they become worn or break.

Hornady TAP 75 grain 5.56x45mm NATO, no expiration.
.223/5.56x45 training ammunition, no expiration.
g. Fiscal Impact:

Carbine Rifles: $0-$12,000 per fiscal year.

33.35 Santa Cruz Police Department
Santa Cruz PD-CA, Policy Manual
April 2025 Military Equipment - 22
Ammunition: $0-$40,000 per fiscal year.

33.36 Santa Cruz Police Department
Annual Military Equipment Report
2024 Report