Agenda — Stanton City Council, May 23, 2023 (part 1 of 2)

NOTICE AND CALL

CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY

SPECIAL MEETING

TO THE MEMBERS OF THE CITY COUNCIL / SUCCESSOR AGENCY / STANTON HOUSING AUTHORITY FOR THE CITY OF STANTON AND TO THE CITY CLERK / SECRETARY:

NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council / Successor Agency / Stanton Housing Authority for the City of Stanton is hereby called by the Mayor / Chairman, to be held on May 23, 2023, commencing at 5:30 p.m. at 7800 Katella Avenue, Stanton, CA 90680.

The Agenda for the Special Meeting is attached to this Notice and Call.

Dated: May 18, 2023
s/ Patricia A. Vazquez, City Clerk / Secretary

IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE OFFICE OF THE CITY CLERK AT (714) 890-4245. NOTIFICATION BY 24 HOURS PRIOR

TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING.

PUBLIC ACCESS IN-PERSON AND VIA TELECONFERENCE
(Electronically / Telephonically)
Attendance by the members of the public may view the meeting live in one of the following ways:
• Attend in person - City Council Chambers: 7800 Katella Avenue, California 90680. • Via Teleconference (electronically / telephonically) - Zoom:

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (842 2218 7602) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/84222187602?pwd=bDdpTld1ZkpEN1R0UnhSWkNVWElVdz09

ANY MEMBER OF THE PUBLIC WISHING TO PROVIDE PUBLIC COMMENT FOR ANY ITEM ON THE AGENDA MAY DO SO AS FOLLOWS:
• Attend in person and complete and submit a request to speak card to the City Clerk. • E-Mail your comments to [email protected] with the subject line “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). Comments received no later than 5:00 p.m. before the scheduled meeting will be compiled, provided to the City Council, and made available to the public before the start of the meeting. Staff will not read e-mailed comments at the meeting. However, the official record will include all e-mailed comments received until the close of the meeting.

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

Stanton City Council Agenda Prepared by the Office of the City Clerk May 23, 2023

Page 1 of 8 ends

AGENDA

CITY COUNCIL/SUCCESSOR AGENCY/STANTON HOUSING AUTHORITY

SPECIAL AND JOINT REGULAR MEETING
STANTON CITY HALL, 7800 KATELLA AVENUE, STANTON, CA 90680 TUESDAY, MAY 23, 2023
SPECIAL CLOSED SESSION - 5:30 P.M.

JOINT REGULAR SESSION - 6:30 P.M.

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, please contact the Office of the City Clerk at (714) 890-4245. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

In order to join the meeting via telephone please follow the steps below:

1. Dial the following phone number +1 (669) 444-9171 (US).

2. Dial in the following Meeting ID: (842 2218 7602) to be connected to the meeting.

In order to join the meeting via electronic device please utilize the Zoom URL link below:
• https://us02web.zoom.us/j/84222187602?pwd=bDdpTld1ZkpEN1R0UnhSWkNVWElVdz09

Should you have any questions related to participation in the City Council Meeting, please contact the City Clerk’s Office at (714) 890-4245 or via e-mail at [email protected].

Stanton City Council Agenda Prepared by the Office of the City Clerk May 23, 2023

Page 2 of 8 ends

The City Council agenda and supporting documentation is made available for public review and inspection during normal business hours in the Office of the City Clerk, 7800 Katella Avenue, Stanton California 90680 immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes place on Thursday afternoons prior to the regularly scheduled meeting on Tuesday. The agenda packet is also available for review and inspection on the city’s website at www.StantonCA.gov.

1. CLOSED SESSION (5:30 PM)

2. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairperson Van
Mayor / Chairman Shawver

3. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Closed Session may convene to consider matters of purchase / sale of real property (G.C. §54956.8), pending litigation (G.C. §54956.9(a)), potential litigation (G.C. §54956.9(b)) or personnel items (G.C. §54957.6). Records not available for public inspection.

4. CLOSED SESSION
4A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION
Pursuant to Government Code section 54956.9(d)(1)
Number of cases: 1

Case Name: Tina Pacific Residents Association, et al. v. City of Stanton Case Number: OCSC 39-2023-01316300-CU-WM-CXC

5. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY JOINT REGULAR MEETING (6:30 PM)

6. ROLL CALL Council / Agency / Authority Member Taylor Council / Agency / Authority Member Torres
Council / Agency / Authority Member Warren
Mayor Pro Tem / Vice Chairperson Van
Mayor / Chairman Shawver

7. PLEDGE OF ALLEGIANCE
Stanton City Council Agenda Prepared by the Office of the City Clerk May 23, 2023

Page 3 of 8 ends

8. SPECIAL PRESENTATIONS AND AWARDS
A. Presentation of certificate of recognition to Deputy Eric Peevey, Orange County’s Top Vehicle Theft Recovery Officer of the Year for 2022.

B. Presentation of certificate of recognition in honor of National Public Works Week.

C. Townsend Public Affairs State and Federal Legislative report and update.

9. CONSENT CALENDAR
All items on the Consent Calendar may be acted on simultaneously, unless a Council/Board Member requests separate discussion and/or action.

CONSENT CALENDAR
9A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON THE

PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER READING WAIVED
RECOMMENDED ACTION:

City Council/Agency Board/Authority Board waive reading of Ordinances and Resolutions.
9B. APPROVAL OF WARRANTS
City Council approve demand warrants dated April 21, 2023 – May 4, 2023, in the amount of $1,474,827.54.
9C. APPROVAL OF MINUTES
City Council/Successor Agency/Housing Authority approve Minutes of Joint Regular Meeting – May 9, 2023.

Stanton City Council Agenda Prepared by the Office of the City Clerk May 23, 2023

Page 4 of 8 ends

9D. PURCHASE ORDER APPROVAL FOR NEW HVAC UNITS FOR THE STANTON COMMUNITY CENTER IMPROVEMENT PROJECT (TASK CODE 2023-603) The Public Works Department is proposing to purchase and replace eight (8) Heating, Ventilation, and Air Conditioning (HVAC) units for the Stanton Community Center Improvement Project in the amount of $133,116. Improving the HVAC system will help maintain good indoor air quality through adequate ventilation and provide efficient thermal comfort for residents and visitors of all ages as it relates to future pandemics, including the Coronavirus Pandemic.

RECOMMENDED ACTION:

1. City Council declare that this action to be categorically exempt under the California Quality Act (“CEQA”), since the action herein does not constitute a “project” as defined by Section 15378 of the CEQA guidelines; and

2. Declare that the Russell Sigler, Inc. quote using a Sourcewell purchasing contract is in accordance with the Purchasing and Contracting Guidelines Section 4.13; and

3. Authorize a purchase order for eight (8) HVAC units from Russell Sigler, Inc. in the amount of $133,116.
9E. SUPPLEMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT EXTENSION WITH TOWNSEND PUBLIC AFFAIRS, INC. TO PROVIDE

LEGISLATIVE ADVOCACY AND GRANT WRITING SERVICES
Requested is the authorization to allow the City Manager to enter into a Supplement to Professional Services Agreement with Townsend Public Affairs to provide legislative advocacy and grant writing services in an amount not to exceed $48,000 for Fiscal Year (FY) 2023-24.

RECOMMENDED ACTION:

1. City Council declare that the project is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Approve the supplement to professional services agreement for Townsend Public Affairs, Inc.; and

3. Authorize the City Manager to bind the City of Stanton and Townsend Public Affairs, Inc. in a contract to provide advocacy and grant writing services to the City of Stanton.

Stanton City Council Agenda Prepared by the Office of the City Clerk May 23, 2023

Page 5 of 8 ends

9F. COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT

PARTNERSHIP AND EMERGENCY SOLUTIONS GRANT PROGRAMS
COOPERATION AGREEMENT – AMENDMENT NO. SIX
The Housing and Community Development Act of 1974 requires cities with a population under 50,000 to enter into a cooperation agreement with counties or the State in order to be part of the Urban County Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME), Emergency Solutions Grant Program (ESG) and any subsequent United States Department of Housing and Urban Development Program (HUD), which may become available to the counties to be used for eligible housing and community development activities. Approval of Resolution No. 2023-11 would extend the life of the existing Cooperative Agreement. The current Agreement (Amendment No. Five to the Cooperation Agreement) covers Fiscal Years (FY) 2021-2022 and 2022-2023.

RECOMMENDED ACTION:

2. Approve Resolution No. 2023-11 approving Amendment No. Six to the City’s Cooperation Agreement with the County of Orange entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, APPROVING AND ACCEPTING A COMMUNITY

DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP

AND EMERGENCY SOLUTIONS GRANT PROGRAMS COOPERATION
AGREEMENT AMENDMENT NO. SIX”; and

3. Authorize the City Manager to execute Amendment No. Six to the City’s Cooperation Agreement with the County of Orange on behalf of the City.

Stanton City Council Agenda Prepared by the Office of the City Clerk May 23, 2023

Page 6 of 8 ends

9G. SELECTION OF FIREWORKS LICENSEES FOR 2023
Staff is requesting that the City Council select licensees for 2023 fireworks sales.

RECOMMENDED ACTION:

1. City Council find that the action is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the State CEQA Guidelines as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where is can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

2. Award fireworks sales licenses to Youth Assistance Foundation of Stanton and Boys & Girls Club of Stanton.
9H. RESOLUTIONS TO SUBMIT APPLICATIONS FOR THE LAND AND WATER

CONSERVATION FUND, STANTON CENTRAL PARK IMPROVEMENT PROJECT

AND DOTSON PARK SPLASH PAD
Staff are seeking approval of Resolution No. 2023-09 and Resolution No. 2023-10, authorizing applications for the Land and Water Conservation Fund (LWCF) Grant for the Stanton Central Park Improvement Project and Dotson Park Splash Pad.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Adopt Resolution No. 2023-09, approving an application for the Land and Water Conservation Fund grant, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA APPROVING THE APPLICATION FOR THE LAND AND

WATER CONSERVATION FUND FOR THE STANTON CENTRAL PARK
IMPROVEMENT PROJECT”; and

3. Adopt Resolution No. 2023-10, approving an application for the Land and Water Conservation Fund grant, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA APPROVING THE APPLICATION FOR THE LAND AND

WATER CONSERVATION FUND FOR THE DOTSON PARK SPLASH
PAD IMPROVEMENT PROJECT”.

END OF CONSENT CALENDAR
Stanton City Council Agenda Prepared by the Office of the City Clerk May 23, 2023

Page 7 of 8 ends

10. PUBLIC HEARINGS None.

11. UNFINISHED BUSINESS None.

12. NEW BUSINESS None.

13. ORAL COMMUNICATIONS - PUBLIC
At this time members of the public may address the City Council/Successor Agency/Stanton Housing Authority regarding any items within the subject matter jurisdiction of the City Council/Successor Agency/Stanton Housing Authority, provided that NO action may be taken on non-agenda items.
• Members of the public wishing to address the Council/Agency/Authority during Oral Communications-Public or on a particular item are requested to fill out a REQUEST TO SPEAK form and submit it to the City Clerk. Request to speak forms must be turned in prior to Oral Communications-Public.
• When the Mayor/Chairman calls you to the microphone, please state your Name, slowly and clearly, for the record. A speaker’s comments shall be limited to a three (3) minute aggregate time period on Oral Communications and Agenda Items.

Speakers are then to return to their seats and no further comments will be permitted. • Remarks from those seated or standing in the back of chambers will not be permitted. All those wishing to speak including Council/Agency/Authority and Staff need to be recognized by the Mayor/Chairman before speaking.

14. WRITTEN COMMUNICATIONS None.

15. MAYOR/CHAIRMAN COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 15A. COMMITTEE REPORTS/ COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS At this time Council/Agency/Authority Members may report on items not specifically described on the agenda which are of interest to the community provided no discussion or action may be taken except to provide staff direction to report back or to place the item on a future agenda.

Stanton City Council Agenda Prepared by the Office of the City Clerk May 23, 2023

Page 8 of 8 ends

15B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE MEETING At this time Council/Agency/Authority Members may place an item on a future agenda. 15C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
At this time Council/Agency/Authority Members may place an item on a future study session agenda.

Currently Scheduled: None.

16. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL

17. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
17A. ORANGE COUNTY SHERIFF’S DEPARTMENT
At this time the Orange County Sheriff’s Department will provide the City Council with an update on their current operations.

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted at the Post Office, Stanton Community Services Center and City Hall, not less than 72 hours prior to the meeting. Dated this 18th day of May, 2023. s/ Patricia A. Vazquez, City Clerk/Secretary

April 21, 2023-May 4, 2023
Electronic Transaction Nos. $ 1,149,074.41
Check Nos. $ 325,753.13
TOTAL $ 1,474,827.54
Demands listed on the attached
registers are accurate and funds
are available for payment thereof.
/s/ Hannah Shin-Heydorn /s/ Michelle Bannigan

CITY OF STANTON

ACCOUNTS PAYABLE REGISTER
2537-2557
conform to the City of Stanton Annual
Budget as approved by the City Council.
136490-136535
Demands listed on the attached registers
City Manager Finance Director
Item: 9B
Click here to return to the agenda.

ATTACHMENT A

Page 1 of 7 ends

ATTACHMENT A

Page 2 of 7 ends

ATTACHMENT A

Page 3 of 7 ends

ATTACHMENT A

Page 4 of 7 ends

ATTACHMENT A

Page 5 of 7 ends

ATTACHMENT A

Page 6 of 7 ends

ATTACHMENT A

Page 7 of 7 ends

DRAFT
Joint Regular Meeting – May 9, 2023 - Page 1 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

MINUTES OF THE CITY COUNCIL / SUCCESSOR AGENCY / HOUSING AUTHORITY

OF THE CITY OF STANTON
JOINT REGULAR MEETING MAY 9, 2023

1. CLOSED SESSION None.

2. CALL TO ORDER STANTON CITY COUNCIL / SUCCESSOR AGENCY /

HOUSING AUTHORITY JOINT REGULAR MEETING
The City Council / Successor Agency / Housing Authority meeting was called to order at 6:30 p.m. by Mayor Shawver.

3. PLEDGE OF ALLEGIANCE
Led by Mr. James J. Wren, Public Safety Services Director.

4. ROLL CALL

Present: Council/Agency/Authority Member Taylor, Council/Agency/Authority Member Torres, Council/Agency/Authority Member Warren, Mayor Pro Tem/Vice Chairperson Van, and Mayor/Chairman Shawver.

Absent: None.

Excused: None.

5. SPECIAL PRESENTATIONS AND AWARDS
A. Mayor Shawver and Members of the City Council presented a certificate of recognition to Ms. Hilda Laufer for her service to the City as the Easter Bunny for the past 25 years.

B. Presentation by Ms. Lora Young, District Manager, Orange County Mosquito & Vector Control District sharing their mission with the City Council and providing information on their current operations.

C. Presentation by Ms. Alexis Soto, Mr. Manuel Gallegos, Mr. Mustafa Swaleh, Ms.

Angela Corleto, and Mr. Joseph Valadez, students of California State University, Long Beach sharing their research pertaining to the Trauma-Informed Care Guidebook for Homeless Service Providers.

D. Presentation by Mr. Michael Hunn, Chief Executive Officer, CalOptima Health sharing their mission with the City Council and providing information on their current operations.

Item: 9C
Click here to return to the agenda.

DRAFT
Joint Regular Meeting – May 9, 2023 - Page 2 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

6. CONSENT CALENDAR
Mayor Shawver requested to pull item 6G from the consent calendar for separate discussion.

Motion/Second: Van/Torres
ROLL CALL VOTE: Council/Agency/Authority Member Taylor AYE Council/Agency/Authority Member Torres AYE
Council/Agency/Authority Member Warren AYE
Mayor Pro Tem/Vice Chairperson Van AYE
Mayor/Chairman Shawver AYE
Motion unanimously carried:

CONSENT CALENDAR
6A. MOTION TO APPROVE THE READING BY TITLE OF ALL ORDINANCES AND RESOLUTIONS. SAID ORDINANCES AND RESOLUTIONS THAT APPEAR ON

THE PUBLIC AGENDA SHALL BE READ BY TITLE ONLY AND FURTHER

READING WAIVED
The City Council/Agency Board/Authority Board waived reading of Ordinances and Resolutions.
6B. APPROVAL OF WARRANTS
The City Council approved demand warrants dated April 7, 2023 – April 20, 2023, in the amount of $582,751.89.
6C. APPROVAL OF MINUTES
The City Council/Successor Agency/Housing Authority approved Minutes of Special and Joint Regular Meeting – April 25, 2023.
6D. MARCH 2023 INVESTMENT REPORT
The Investment Report as of March 31, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Received and filed the Investment Report for the month of March 2023.

DRAFT
Joint Regular Meeting – May 9, 2023 - Page 3 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
6E. MARCH 2023 INVESTMENT REPORT (SUCCESSOR AGENCY)
The Investment Report as of March 31, 2023, has been prepared in accordance with the City’s Investment Policy and California Government Code Section 53646.

1. The Successor Agency finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Received and filed the Investment Report for the month of March 2023. 6F. MARCH 2023 GENERAL FUND REVENUE AND EXPENDITURE REPORT; HOUSING AUTHORITY REVENUE AND EXPENDITURE REPORT; AND STATUS

OF CAPITAL IMPROVEMENT PROGRAM
The Revenue and Expenditure Report for the month ended March 31, 2023, has been provided to the City Manager in accordance with Stanton Municipal Code Section 2.20.080 (D) and is being provided to City Council. This report includes information for both the City’s General Fund and the Housing Authority Fund. In addition, staff has provided a status of the City’s Capital Improvement Projects (CIP) as of March 31, 2023.

2. Received and filed the General Fund and Housing Authority Fund’s March 2023 Revenue and Expenditure Report and Status of Capital Improvement Projects for the month ended March 31, 2023.
6H. AUTHORITY TO ADVERTISE FOR CONSTRUCTION: FISCAL YEAR 2022-23

CITYWIDE STREET RESURFACING PROJECT
The plans and specifications for the Fiscal Year (FY) 2022-23 Citywide Street Resurfacing Project are substantially complete. In the interest of time, the City Engineer is recommending City Council approve the draft specifications and plans for bidding, subject to revision by the City Engineer and the City Attorney, to ensure the construction contract is awarded in an efficient and timely manner. The draft Project plans and specifications are available in the City Engineer’s Office for review.

1. The City Council finds that this project is exempt from the California Environmental Quality Act (“CEQA”), Class 1, Section 15301(c) as repair, maintenance, and minor alteration of existing public structures; and DRAFT
Joint Regular Meeting – May 9, 2023 - Page 4 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

2. Approved the bid specifications and plans, subject to revisions required by the City Engineer and the City Attorney; and

3. Authorized and advertise for bids the FY 2022-23 Citywide Street Resurfacing Project.
6I. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR

THE ANNUAL LEVY OF ASSESSMENTS FOR STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2023-24
On January 24, 2023, the City Council adopted Resolution No. 2023-02, initiating proceedings for the annual levy of assessments and ordered the Engineer to prepare a report in accordance with Section 22565 et seq. of the State of California Streets and Highways Code. The Engineer has filed a report with the City Clerk in compliance with Council direction. The proposed resolution would preliminarily approve the report.

1. The City Council finds that this item is not subject to California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(4) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly, or indirectly); and

2. Adopted Resolution No. 2023-07, preliminarily approving the Engineer’s Report for the annual levy of assessments for the Stanton Lighting and Landscaping District No. 1 for Fiscal Year 2023-24, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA, PRELIMINARILY APPROVING THE
ENGINEER’S REPORT FOR THE ANNUAL LEVY OF

ASSESSMENTS FOR STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1,
2023, AND ENDING JUNE 30, 2024.”
6J. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT THE

ANNUAL ASSESSMENTS FOR IMPROVEMENT, MAINTENANCE, AND

SERVICING OF LIGHTING AND LANDSCAPING WITHIN THE BOUNDARIES OF

THE TERRITORY INCLUDED IN THE STANTON LIGHTING AND LANDSCAPING DISTRICT NO. 1 FOR FISCAL YEAR 2023-24 PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND APPOINTING A TIME AND

PLACE FOR HEARING OBJECTIONS THERETO
DRAFT
Joint Regular Meeting – May 9, 2023 - Page 5 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
On January 24, 2023, the City Council adopted Resolution No. 2023-02, initiating proceedings for the annual levy of assessments and ordered the Engineer to prepare a report in accordance with Section 22565 et seq. of the State of California Streets and Highways Code. The Engineer has filed a report with the City Clerk in compliance with Council direction. The proposed resolution would declare the City Council’s intention to levy and collect the assessments and set the required public hearing for Tuesday, June 13, 2023.

2. Adopted Resolution No. 2023-08, declaring its intention to levy and collect the annual assessments for Stanton Lighting and Landscaping District No. 1, entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

STANTON, CALIFORNIA, DECLARING ITS INTENTION TO LEVY

AND COLLECT ANNUAL ASSESSMENTS FOR IMPROVEMENT,

MAINTENANCE, AND SERVICING OF THE TERRITORY

INCLUDED IN THE STANTON LIGHTING AND LANDSCAPING
DISTRICT NO. 1 FOR FISCAL YEAR 2023-24 PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND APPOINTING
A TIME AND PLACE FOR HEARING OBJECTIONS THERETO”;
and

3. Scheduled the public hearing to consider the assessments for Fiscal Year 2023- 24 on June 13, 2023.
6K. APPROVAL OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH NV5 TO INCREASE THE SCOPE OF WORK FOR THE SEWER MASTER PLAN UPDATE PROJECT (TASK CODE 2022-301)
The City is in the process of updating the Sewer Master Plan to study and assess the condition of the City’s current sewer system. Staff is requesting a contract change order to increase the scope of work to include CCTV services and assess 11 additional miles of the City’s sewer infrastructure. The First Amendment will increase the total contract amount, extend the term, and increase the scope of work.

To fund the additional scope of services, staff is requesting City Council approval for an appropriation of $288,986 to increase the budget for the Sewer Master Plan Project from $550,000 to $838,986.

DRAFT
Joint Regular Meeting – May 9, 2023 - Page 6 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

1. The City Council declared this action to be categorically exempt under the California Environmental Quality Act, since the action herein does not constitute a “project” as defined by Section 15378 of the CEQA guidelines; and

2. Approved the First Amendment to the Professional Services Agreement with NV5 for the Updated Sewer Master Plan Project; and

3. Authorized the City Manager to execute the First Amendment to the Professional Services Agreement between the City of Stanton and NV5; and

4. Approved an appropriation of $288,986 from the Sewer Maintenance Fund (#501) to increase the Sewer Master Plan project’s budget (Task Code No. 2022-301) to $838,986.

END OF CONSENT CALENDAR
6G. AWARD OF A PROFESSIONAL SERVICES AGREEMENT TO HUB LTD. TO ASSIST IN THE REDESIGN OF THE CITY’S OFFICIAL LOGO, BRANDING AND

MESSAGING
The Council directed staff to solicit a qualified vendor to provide a refresh of the City’s brand in September 2022. After completing the review process, staff recommends that the Council authorize the City Manager to enter into an agreement with HUB Ltd. to provide services in an amount not-to-exceed $85,000, using funds allocated through the American Rescue Plan Act.

Introduction by Ms. Zenia Bobadilla, Community Services Director.

Presentation by Bryan Brooks, Strategic Project Manager and Jen Guibord, Director of Creative Development.

Motion/Second: Taylor/Warren
Motion carried by the following vote:

AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:

DRAFT
Joint Regular Meeting – May 9, 2023 - Page 7 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

1. The City Council declared this project to be categorically exempt under the California Environmental Quality Act, Section 15378(b)(5) (Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment); and

2. Approved a Professional Services Agreement with HUB Ltd. to assist in the redesign of the City’s official logo, seal and overall brand for a not-to-exceed contract amount of $85,000; and

3. Authorized the City Manager to bind the City of Stanton and HUB Ltd. in a contract to provide these services.

7. PUBLIC HEARINGS None.

8. UNFINISHED BUSINESS None.

9. NEW BUSINESS
9A. FIREWORKS EDUCATIONAL CAMPAIGN
Staff is seeking direction regarding the continuation of the annual Fireworks Education Campaign for 2023.

Staff report by Mr. Keith Gifford, Code Enforcement Manager.

Motion/Second: Taylor/Torres
Motion carried by the following vote:

AYES: 5 (Shawver, Taylor, Torres, Van, and Warren)
NOES: None
ABSTAIN: None
ABSENT: None
Motion unanimously carried:

1. The City Council finds that the action is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the State CEQA Guidelines as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where is can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
DRAFT
Joint Regular Meeting – May 9, 2023 - Page 8 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING

2. Directed staff to proceed with the following:
a. Contact TNT Fireworks to inquire if they would be interested in sponsoring yard signs and door hangers to be placed in known hot spot areas, including TNT Fireworks covering the costs for the production and delivery.
b. Contact TNT Fireworks to inquire if they would be open to the option of including the City’s fireworks education campaign content on the back of any advertising materials that they plan on distributing. c. Contact local businesses that have electronic reader boards to inquire if they would be open to sponsoring the City’s fireworks education campaign content on their electronic reader board.
d. Contact the Public Cable Television Authority (PCTA) to inquire if they would be interested in sponsoring the creation and airing of the City’s fireworks education campaign content on the public access channel. e. Contact the OC Firefighters, Local 3631 to inquire if they would be interested in helping with distribution of the City’s fireworks education yard signs.
f. If no sponsorship is available, using City Funds to print and post yard signs within City parks and City facilities.
g. Pursue sponsored public service announcement opportunities within local newspapers.
h. Continue to utilize the City’s PIO Division, website, social media platforms, including social media paid advertising, electronic reader boards, city managers newsletter, and e-mail communications. i. Continue with the City’s illegal fireworks reporting hotline via phone and highlight public service request app option.

10. ORAL COMMUNICATION None.

11. WRITTEN COMMUNICATIONS None.

12. MAYOR/CHAIRMAN/COUNCIL/AGENCY/AUTHORITY INITIATED BUSINESS 12A. COMMITTEE REPORTS/COUNCIL/AGENCY/AUTHORITY ANNOUNCEMENTS • Council Member Warren reported on her attendance at the City of Buena Park’s State of the City Event, which was held on May 3, 2023 and also requested that the City send a congratulatory letter to the City of Buena Park on the celebration of their 70th anniversary of incorporation.
• Ms. Hannah Shin-Heydorn, City Manager reported on her and Mayor Shawver’s attendance at the Garden Grove School Administrators’ Association Community Dinner event titled “Anchored in Excellence”, which was held on May 8, 2023.

DRAFT
Joint Regular Meeting – May 9, 2023 - Page 9 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
• Mayor Shawver reported on his attendance at the 15th Annual Orange County Fire Authority Best and Bravest Awards event, which was held of April 28, 2023. • Mayor Shawver reported on his attendance at the Southern California Association of Governments (SCAG) 58th annual Regional Conference and General Assembly, which was held on May 4-5, 2023.
12B. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE COUNCIL

MEETING
Mayor Shawver requested an update/progress report on the City’s current cannabis licensees.
12C. COUNCIL/AGENCY/AUTHORITY INITIATED ITEMS FOR A FUTURE STUDY

SESSION
None.
12D. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING ADDING SENSITIVITY TRAINING TO THE CITY COUNCIL’S TRAINING SCHEDULE At the April 25, 2023, City Council meeting, Council Member Torres requested that this item be agendized for discussion. Council Member Torres is requesting to discuss the feasibility of adding an additional training course for sensitivity training to the City Council’s standard training schedule.

Presentation by Council Member Donald Torres.

Consensus received by the following vote:

AYES: 4 (Shawver, Torres, Van, and Warren)
NOES: 1 (Taylor)
ABSTAIN: None
ABSENT: None
The City Council received consensus and directed staff to discuss, research, and develop a training library for City leadership roles such as the Mayor, Council Members, Commissioners, Committee Members.
12E. CITY COUNCIL INITIATED ITEM — DISCUSSION REGARDING UPDATING /

CREATING RULES AND REGULATIONS PERTAINING TO PAYDAY LENDER

BUSINESSES WITHIN THE CITY
At the April 25, 2023, City Council meeting, Council Member Torres requested that this item be agendized for discussion. Council Member Torres is requesting to discuss the feasibility of updating / creating rules and regulations pertaining to payday lender businesses within the City to include items such as:

DRAFT
Joint Regular Meeting – May 9, 2023 - Page 10 of 10

THESE MINUTES ARE ISSUED FOR INFORMATION ONLY AND ARE SUBJECT TO

AMENDMENT AND APPROVAL AT NEXT MEETING
• Impose operating hours restrictions.
• Implement distancing requirements.
• Implement limitations on the number of permitted payday lender business within City limits.

Presentation by Council Member Donald Torres.

The City Council received and filed the presentation.

13. ITEMS FROM CITY ATTORNEY/AGENCY COUNSEL/AUTHORITY COUNSEL None.

14. ITEMS FROM CITY MANAGER/EXECUTIVE DIRECTOR
• Ms. Hannah Shin-Heydorn, City Manager reported on the upcoming Budget Workshop – Introduction of the Fiscal Year 2023/24 Proposed Operating and Capital Budget, which is scheduled to be held on May 16, 2023, at 5:00 PM in the City Council Chambers at Stanton City Hall.
14A. ORANGE COUNTY FIRE AUTHORITY
At this time the Orange County Fire Authority will provide the City Council with an update on their current operations.

Chief Steve Dohman provided the City Council with an update on their current operations.

15. ADJOURNMENT Motion/Second: Shawver/
Motion carried at 9:04 p.m.
_______________________________________

MAYOR/CHAIRMAN
ATTEST:
_______________________________________

CITY CLERK/SECRETARY

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 23, 2023
SUBJECT: PURCHASE ORDER APPROVAL FOR NEW HVAC UNITS FOR THE

STANTON COMMUNITY CENTER IMPROVEMENT PROJECT (TASK
CODE 2023-603)
REPORT IN BRIEF:

The Public Works Department is proposing to purchase and replace eight (8) Heating, Ventilation, and Air Conditioning (HVAC) units for the Stanton Community Center Improvement Project in the amount of $133,116. Improving the HVAC system will help maintain good indoor air quality through adequate ventilation and provide efficient thermal comfort for residents and visitors of all ages as it relates to future pandemics, including the Coronavirus Pandemic.

RECOMMENDED ACTION:

2. Declare that the Russell Sigler, Inc. quote using a Sourcewell purchasing contract is in accordance with the Purchasing and Contracting Guidelines Section 4.13; and

3. Authorize a purchase order for eight (8) HVAC units from Russell Sigler, Inc. in the amount of $133,116.

BACKGROUND:

The new HVAC units will bolster the City’s ability to deliver essential services to the public during emergencies, including pandemics such as COVID-19. Public facilities, such as the Stanton Community Center, play critical roles in providing shelter, electricity, internet access and other services to the public during emergencies.

On January 10, 2023, the City Council approved the City’s participation in the Community Development Block Grant – Cares Program and appropriated $500,000 for the Stanton Community Center Improvement Project (Project).

Item: 9D
Click here to return to the agenda.

The Project consists of improving the HVAC system and installing a permanent backup generator. The Project is being separated into two phases. Phase 1 will include the purchase of the generator and HVAC system units separately and Phase 2 will be the installation of the equipment separately. On February 28, 2023, the City Council authorized the purchase of a generator in the amount of $130,387.74. The generator has been ordered and is awaiting shipment.

ANALYSIS/JUSTIFICATION:

The City’s Purchasing and Contracting Guidelines authorizes the City to purchase from any public agency utilizing a competitive bid process. Sourcewell was awarded a contract to Carrier Global Corporation (Contract # 070121-CAR) for procurement of HVAC units as a result of open competitive bidding on behalf of its members, which includes government entities. The awarded contract is valid through 2025 and meets the City’s purchasing requirements.

Staff confirmed with Sourcewell that the Carrier HVAC units can be purchased from Sigler as Carrier utilizes its distribution network in the western states and Sigler is an approved distributor in California for the #070121-CAR Contract. Due to the complexity of the specifications, the use of a cooperative purchasing contract such as Sourcewell provides for a timely and cost-effective purchase. As such, the City does not need to release its own RFP or bid documents and may use Sourcewell’s vetted vendors for this equipment purchase.

The quote for the new HVAC units is $133,116. Subsequently, staff will separately secure another contract for the installation of the HVAC units. The lead time for the HVAC units is approximately 32 to 37 weeks from receipt of purchase order by the vendor.

FISCAL IMPACT:

On January 10, 2023, the City Council approved an appropriation of $500,000 for the Stanton Community Center Improvements Project (Task Code 2023-603). The project budget is allocated between two purchases: $300,000 for the HVAC project and $200,000 for the purchase of an emergency generator. This project is fully funded from a CDBG-CV3 Grant the City received from the County of Orange.

ENVIRONMENTAL IMPACT:

This action requested in this report is not categorized as a project (has no potential for resulting in either a direct physical change in the environmental or a reasonably foreseeable indirect physical change in the environment), and therefore, categorically exempt under the California Environmental Quality Act.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVES:

Obj. No. 3: Provide a quality infrastructure.

Obj. No. 6: Maintain and promote a responsive, high-quality and transparent government.

Prepared by: Han Sol Yoo, E.I.T., Associate Engineer
Reviewed by: Cesar Rangel, Public Works Director/City Engineer Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
ATTACHMENTS:

A. Russell Sigler, Inc. Quote
B. Sourcewell Contract

SIGLER - CALIFORNIA
205 S Puente St
Brea, CA 92821
(P) (714) 578-5213
Internal Use Only:0046247298
Proposal
Project Name: City of Stanton City Hall Bid Date: 11/17/2022 Location: Brea, CA 92821 Expiration Date: 04/22/2023
Attention: Proposal Number: 0323MAMA2046
Mark For Qty
EA List
master/Disc
ount
Model Number Description
AC-1,2,3,4,7 5 41,262.00/
65%
48FCDM16A6A6-0A0C1 WeatherMaker Gas/Electric Rooftop
• 460-3-60
• Low gas heat
• 15 Tons
• Single circuit, two stage cooling
• High static motor
• Non fused disconnect
• Al/Cu cond. coil - Al/Cu evap coil
• Electro-Mechanical Ctl W7212
AC-8,9 2 49,391.00/
65%
48FCDM20A2A6-0A0C0 Gas Heat Packaged Rooftop Unit
• Standard Packaging
• 460/3/60
• Low Gas heat
• 18 Tons(20)
• Two-Stage Cooling single circuit
• Standard/Medium Static Option - Vertical Models
• "Round Tube Plate Fin (RTPF) Al/Cu Condenser Coil, Al/Cu • Non-Fused Disconnect
Electro-Mechanical Ctl W7212
AC-6 1 40,667.00/
65%
48FCDM16A2A6-0A0C1
Upsized to 15 as 12.5 GE currently not
t24 compliant
WeatherMaker Gas/Electric Rooftop
• 460-3-60
• Low gas heat
• 15 Tons
• Single circuit, two stage cooling
• Direct drive, EcoBlue, medium static fan
• Non fused disconnect
• Al/Cu cond. coil - Al/Cu evap coil
• Electro-Mechanical Ctl W7212
Accessories listed separately above are field installed.

Standard Warranties Included in Pricing:
• 1st Year Complete Unit Parts Only
• 5 Year Compressor Parts Only
Package Units Excludes:
• Spare Filters, Belts, and Pulleys
• Pitched Curbs
• External Spring Isolation
• Roof Curb Strip and Insulation
• Smoke Detectors
• Convenience Outlets
• Disconnects
• DDC Controls, Commisioning, Interface, Integration to DDC Controls • Thermostats
• Start Up, Labor Warranty, Owner Training
• Parts & Labor For Test & Balance
Attachment: A
Click here to return to the agenda.
• Storage, Off-Loading, Crane Meet (Note: Units ship in a closed truck without a lift gate.) • Any Items Not Listed Above
Proposal is valid for 30 days
Pricing
Total Price for items as listed above (including taxes) ......................................................................................... $133,116.00 Please note the following clarifications in this proposal:
• Cancellation requests for factory ordered items greater than 10 calendar days from receipt of Purchase Order will incur 100% cancellation charges.

MARIO AMADOR

SIGLER - CALIFORNIA
[email protected]
Internal Use Only:0046247298
Russell Sigler, Inc.’s Proposal Terms and Conditions

1. Quote, Price and Payment: Prices quoted by Russell Sigler, Inc. (Seller) are good for 30 days and are subject to change without notice. Seller will periodically invoice Buyer for work, labor, materials or equipment (hereinafter collectively “Work”) under this accepted Proposal (hereinafter “Agreement”). Buyer agrees to pay all invoices submitted by Seller. Payment terms are Net 10th from date of invoice and are subject to prior and continuing credit approval by Seller. If Buyer fails to timely pay any invoice in full, Seller will impose late payment charges of 1.5% per month on the unpaid balance and Seller will suspend its Work. Prices are exclusive of any applicable city, state, or federal excise tax, including without limitations, taxes on manufacture, transaction privilege, sales, use, receipt, gross income, occupation and similar taxes. Applicable taxes shall be added to the invoice as a separate charge to be paid by Buyer. This Proposal is only for the Work specified herein. All other merchandise or services required for Buyer’s job are not included in this Proposal.

2. Acceptance: Acceptance of this Proposal is expressly limited to the exact terms contained herein and any attempt to alter or omit any term shall be deemed a rejection and counteroffer.

3. Shipment and Delivery: Shipment will be by common carrier, FOB place of shipment. Seller will prepay freight to the first destination. Seller reserves the right to control the routing. When any other than Seller’s regular method of shipment is used, the prepaid freight will not exceed the lowest of published prices for the regular method of shipment. Special handling charges by the carrier will be paid by Buyer. Title shall pass to Buyer upon delivery to common carrier and thereafter all risk of loss or damage shall be Buyer’s. Delivery dates are based on current information.

4. Warranties: SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO MERCHANTABILITY OR THE FITNESS OF

MERCHANDISE FOR ANY PARTICULAR USE OR PURPOSE, AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY, ARISING FROM THE USE OF SUCH MERCHANDISE. All merchandise is warranted only by the manufacturers as provided for by manufacturers in writing. Seller makes no other warranties, express or implied, and its agents or technicians are not authorized to make any such warranties on behalf of Seller. Seller makes no warranties on labor.

No warranty for equipment, materials, or labor, whether written, implied, or otherwise, shall apply until Seller has been paid in full.

5. Returns: No back-charges or merchandise returns for credit are accepted on behalf of manufacturer without prior written authorization by Seller’s Regional Sales Manager and then only upon the conditions and procedures set forth by the manufacturer.

6. Damages: In no event shall Seller be responsible for any impact, delay or acceleration damages, including but not limited to delay due to unavailability of equipment, materials or labor or for any circumstances beyond Seller’s direct control. Seller shall not be liable for any consequential damages or loss suffered by Buyer or any other person as a result of its performance under this Agreement or otherwise even if informed in advance of the possibility of such damages. Seller shall not be liable for sales or engineering drawings, plans or specifications rendered in connection with the merchandise, or factory supervision of any installation or start-up.

7. Claims: Buyer shall inspect the materials and equipment upon receipt. All claims for shortages or damage must be submitted in writing to the carrier(s) within 10 days of merchandise receipt. Buyer shall not withhold payment or charge Seller for freight or warranty-related claims.

8. Force Majeure: In no event shall Seller be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, pandemics or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, supply chain shortages; it being understood that Seller shall use reasonable efforts consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

9. Confidentiality: This Proposal and its contents are confidential and none of the details connected therewith shall be disclosed to any third party without Seller’s prior written consent. Buyer shall not make any use of, or disclose to third parties, any data, designs, drawings, specifications, pricing or other information furnished to it by Seller, except as may be necessary for the completion of this Agreement. Such data, designs, drawings, specifications, pricing and other information shall remain Seller’s exclusive property upon completion, cancellation or termination of this Agreement.

10. Limitation of Liability: Seller’ liability for any and all injuries, claims, losses, expenses or damages arising out of or in any way related to its work under this Agreement, from any cause or causes including, but not limited to, negligence, errors, omissions, strict liability, breach of contract or warranty shall not exceed 50% of the total amount of this Proposal or $50,000. Buyer waives and releases Seller from any liability or damages in excess of the limits set forth above. Legal actions relating to this Agreement must be commenced within one (1) year from the date the labor, material or equipment was supplied.

11. Applicable Law: The rights, duties and obligations arising out of this Agreement shall be determined under the laws where the Project is located (or where the equipment is delivered) will determine the rights and duties of the parties under the PO/Agreement.

12. Attorneys’ Fees: In the event of any litigation or arbitration arising out of the execution, performance or breach of this Agreement, including actions for declaratory relief, the party prevailing shall be entitled to an award of costs and expenses to, which costs and expenses shall include reasonable attorneys’ fees, court and expert costs, in addition to any other relief to which the prevailing party may be entitled. This provision applies to the entire Agreement.

13. Entire Agreement; Modification: This Agreement contains the entire agreement and understanding of the parties concerning its subject matter and may not be modified in any manner except by a writing duly executed by Seller and Buyer. No representations have been made or relied upon by Buyer, and no consideration has been, or is offered or expected other than as stated in this Agreement. There are no oral collateral agreements.

14. Security Interest: Buyer hereby gives and grants Seller a purchase money security interest in all of the merchandise set forth in this Proposal, to secure Buyer’s obligation to pay for said merchandise, which security interest shall be effective until such time as Seller receives payment. Seller shall have the right, in addition to all others it may possess, at any time, for credit reasons or because of Buyer’s default, to withhold shipment of merchandise, in whole or part, and to recall goods in transit and retake and repossess all goods which may be stored with Seller for Buyer’s account, without the necessity of undertaking any other action. All merchandise so recalled, retaken or repossessed shall become Seller’s absolute property, provided that Buyer is given full credit therefor. The forgoing shall not be construed as limiting, any other rights or remedies available to Seller as a result of Buyer’s default.

15. Conflict: In case of conflict between this Proposal and any other writing relating to this transaction, these terms and conditions shall supersede any provisions, terms and conditions contained on any confirmation order, or other writing intended related to this transaction or Agreement, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions hereof. This Proposal may be modified only by a subsequent writing signed by both parties.

16. Indemnity: Buyer shall, to the fullest extent permitted by law, indemnify and hold harmless Seller and its employees from and against all claims, damages, losses, expenses, and attorneys’ fees arising out of or resulting from performance of work under this Agreement, provided that such claim, damage or loss is caused in whole or in part by Buyer’s active or passive act or omission, or that of its employees or agents, or anyone whose acts Buyer may be liable for, regardless whether the cause may partially involve Seller or its employees.

17. Termination: Seller shall have the right to terminate this Agreement for cause; cause shall include, but not be limited to, non-payment or any other breach of these Terms and Conditions. In the event of termination of the Agreement, Seller shall be entitled to the value of all work, labor, material, equipment or services provided or incurred in addition to handling charges and administrative costs and expenses. In the event that a breach is due to non-payment or other cause not entirely caused by the acts or omissions of Seller, Seller shall also be entitled to its lost profit for the project.

18. Signatures: This Agreement may be executed in counterparts, each of which shall be deemed an original, which together shall be deemed to be one and the same instrument. The Parties agree to accept delivery of signatures to this Agreement by electronic mail or other electronic means as originals for all purposes.

Accepted By: Proposal Date: 03/23/2023
Name: Proposal Number: 0323MAMA2046
Title: PO Number: *
Company: Project Name: City of Stanton City Hall
Date:
* No terms, conditions or provisions of the referenced Purchase Order are incorporated into this Agreement.

070121-CAR
Rev. 3/2021 2
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new andthe current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

070121-CAR
Rev. 3/2021 3
returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

070121-CAR
Rev. 3/2021 4
x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

070121-CAR
Rev. 3/2021 5
contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be negotiateddirectly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

070121-CAR
Rev. 3/2021 6
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased

070121-CAR
Rev. 3/2021 7
by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

070121-CAR
Rev. 3/2021 8
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any third-party claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

Under no circumstances will Supplier be liable for any incidental, special, liquidated or consequential damages, including loss of revenue, loss of use of equipment or facilities, or economic damages based on strict liability or negligence.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.

070121-CAR
Rev. 3/2021 9
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

070121-CAR
Rev. 3/2021 10

14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

070121-CAR
Rev. 3/2021 11

2. A material breach of any term or condition of this Contract.

The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance of the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts listed below:

Limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles

070121-CAR
Rev. 3/2021 12
in limits of liability as indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Limits:
$2,000,000 per occurrence and in aggregate

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Limits:
$2,000,000 per claim
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

070121-CAR
Rev. 3/2021 13
primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors, except such rights as Supplier has to proceeds. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

070121-CAR
Rev. 3/2021 14

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

070121-CAR
Rev. 3/2021 15
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

070121-CAR
Rev. 3/2021 16
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. Any order requiring Buy American provisions will not be accepted until Supplier confirms in writing it can comply with the specific applicable Buy American clause cited. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

070121-CAR
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

070121-CAR
Rev. 3/2021 18
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

U. FEDERAL GOVERNMENT REQUIREMENTS STIPULATION. Supplier is a commercial entity and the components, equipment and services to be included by Supplier in its proposal and to be provided in the event of an award are offered on the basis that they constitute commercial items as defined in the Federal Acquisition Regulations ("FAR"). Similarly, the prices to be offered by Supplier in its proposal, and which would be offered in any resulting contract and any modifications or changes to such contract are based on Supplier's standard commercial accounting policies and practices. Supplier’s accounting practices comply fully with U.S. GAAP, but do not take into account any additional or special requirements of Cost Accounting Standards, nor meet the requirements of FAR Part 31 or any similar procurement regulations, including those of the U.S. Department of Defense. Accordingly, Supplier makes its proposal based on its belief that an award can be made to Supplier consistent with FAR Part 12 - "Acquisition of Commercial Items,” and that submission of cost and pricing data consistent with CAS/FAR Part 31 will not be required. Supplier does not accept and will not be held liable for any flow down requirements unless specifically agreed to in writing.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Carrier Global Corporation
By: __________________________ By: __________________________ Jeremy Schwartz Simon C. Walls
Title: Chief Procurement Officer Title: Global Strategic Accounts Leader Date: ________________________ Date: ________________________

070121-CAR
Rev. 3/2021 19
Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________

5)3 +9$& 6\VWHPV DQG 5HODWHG 6HUYLFHV
9HQGRU 'HWDLOV
&RPSDQ\ 1DPH
&DUULHU *OREDO &RUS
'RHV \RXU FRPSDQ\ FRQGXFW
EXVLQHVV XQGHU DQ\ RWKHU QDPH" ,I
\HV SOHDVH VWDWH

&DUULHU &RUSRUDWLRQ
$GGUHVV

+ 1RUWKZRRGV %XV 3NZ\
&KDUORWWH 1&

&RQWDFW
$OH[ 5HOI
(PDLO
DOH[OUHOI#FDUULHUFRP
3KRQH

+67

6XEPLVVLRQ 'HWDLOV
&UHDWHG 2Q
7XHVGD\ -XQH

6XEPLWWHG 2Q
:HGQHVGD\ -XQH

6XEPLWWHG %\
$OH[ 5HOI
(PDLO
DOH[OUHOI#FDUULHUFRP
7UDQVDFWLRQ

6XEPLWWHU
V ,3 $GGUHVV

Bid Number: RFP 070121 Vendor Name: Carrier Global Corp

Carrier Corporation 070121-CAR
Pricing for contract #070121-CAR offers Sourcewell participating agencies the following discounts:
• 35-71.5% Discount off MSRP
6SHFLILFDWLRQV
7DEOH
3URSRVHU ,GHQWLW\ $XWKRUL]HG 5HSUHVHQWDWLYHV
*HQHUDO ,QVWUXFWLRQV
DSSOLHV WR DOO 7DEOHV
6RXUFHZHOO SUHIHUV D EULHI EXW WKRURXJK UHVSRQVH WR HDFK TXHVWLRQ 'R QRW PHUHO\ DWWDFK DGGL LRQDO GRFXPHQWV WR \RXU UHVSRQVH ZLWKRXW DOVR SURYLGLQJ D VXEVWDQWLYH UHVSRQVH 'R QRW OHDYH DQVZHUV EODQN UHVSRQG ³1$´ LI WKH TXHVWLRQ GRHV QRW DSSO\ WR \RX
SUHIHUDEO\ ZL K DQ H[SODQDWLRQ

/LQH
,WHP 4XHVWLRQ 5HVSRQVH

3URSRVHU /HJDO 1DPH
RQH OHJDO HQWLW\ RQO\

&DUULHU *OREDO &RUSRUDWLRQ

,GHQWLI\ DOO VXEVLGLDU\ HQWLWLHV RI WKH 3URSRVHU
ZKRVH HTXLSPHQW SURGXFWV RU VHUYLFHV DUH
LQFOXGHG LQ WKH 3URSRVDO
&DUULHU &RUSRUDWLRQ

,GHQWLI\ DOO DSSOLFDEOH DVVXPHG QDPHV RU '%$
QDPHV RI WKH 3URSRVHU RU 3URSRVHU
V
VXEVLGLDULHV LQ /LQH RU /LQH DERYH
&DUULHU &RUSRUDWLRQ

3URSRVHU 3K\VLFDO $GGUHVV

+ 1RUWKZRRGV %XV 3NZ\ &KDUORWWH 1&

3URSRVHU ZHEVLWH DGGUHVV

RU DGGUHVVHV

ZZZ FDUULHUFRP

3URSRVHU
V $XWKRUL]HG 5HSUHVHQWDWLYH
QDPH
WLWOH DGGUHVV HPDLO DGGUHVV SKRQH

7KH
UHSUHVHQWDWLYH PXVW KDYH DXWKRULW\ WR VLJQ
WKH ³3URSRVHU¶V $VVXUDQFH RI &RPSOLDQFH´ RQ
EHKDOI RI WKH 3URSRVHU DQG LQ WKH HYHQW RI
DZDUG ZLOO EH H[SHFWHG WR H[HFXWH WKH

UHVXOWLQJ FRQWUDFW

0HUHGLWK (PPHULFK 9LFH 3UHVLGHQW 1RUWK $PHULFD &RPPHUFLDO +9$& % 1RUWKZRRGV %XV 3NZ\ &KDUORWWH 1&

PHUHGLWK HPPHULFK#FDUULHU FRP

3URSRVHU
V SULPDU\ FRQWDFW IRU WKLV SURSRVDO

QDPH WLWOH DGGUHVV HPDLO DGGUHVV SKRQH

$OH[ 5HOI 6WUDWHJLF $FFRXQW 0DQDJHU
+ 1RUWKZRRGV %XV 3NZ\ &KDUORWWH 1&
DOH[OUHOI#FDUULHUFRP

3URSRVHU
V RWKHU FRQWDFWV IRU WKLV SURSRVDO LI
DQ\
QDPH WLWOH DGGUHVV HPDLO DGGUHVV
SKRQH

-RH ,VRQ 6WUDWHJLF $FFRXQWV 0DQDJHU
+ 1RUWKZRRGV %XV 3NZ\ &KDUORWWH 1&

MRVHSKHLVRQ#FDUULHU FRP
7DEOH
&RPSDQ\ ,QIRUPDWLRQ DQG )LQDQFLDO 6WUHQJWK
/LQH
,WHP 4XHVWLRQ 5HVSRQVH

3URYLGH D EULHI KLVWRU\ RI \RXU FRPSDQ\ LQFOXGLQJ \RXU FRPSDQ\¶V FRUH YDOXHV EXVLQHVV SKLORVRSK\ DQG LQGXVWU\ ORQJHYLW\ UHODWHG WR WKH UHTXHVWHG HTXLSPHQW SURGXFWV RU VHUYLFHV
&DUULHU (QJLQHHULQJ &RUSRUDWLRQ ZDV LQFRUSRUDWHG LQ 1HZ <RUN RQ -XQH E\ VHYHQ HQJLQHHUV OHG E\ :LOOLV
&DUULHU ,Q
&DUULHU $LU &RQGLWLRQLQJ ZDV IRUPHG WKURXJK WKH PHUJHU RI &DUULHU (QJLQHHULQJ &RUSRUDWLRQ ZLWK %UXQVZLFN.URHVFKHOO &RPSDQ\ DQG <RUN +HDWLQJ 9HQWLODWLQJ &RUSRUDWLRQ ,Q &DUULHU &RUSRUDWLRQ D
FRUSRUDWLRQ RUJDQL]HG LQ WKH 6WDWH RI 'HODZDUH EHFDPH D ZKROO\ RZQHG VXEVLGLDU\ RI 8QLWHG 7HFKQRORJLHV &RUSRUDWLRQ DQG ZDV VXEVHTXHQWO\ VSXQ RII DV D VWDQG DORQH FRPSDQ\ LQ $SULO RI &DUULHU &RUSRUDWLRQ LV WKH OHDGLQJ PDQXIDFWXUHU RI KHDWLQJ YHQWLODWLRQ DQG DLU FRQGLWLRQLQJ HTXLSPHQW DQG VHUYLFH LQ WKH 8QLWHG 6WDWHV ZLWK VDOHV WRWDOLQJ DSSUR[LPDWHO\
%LOOLRQ LQ

:KDW DUH \RXU FRPSDQ\¶V H[SHFWDWLRQV LQ WKH HYHQW RI DQ DZDUG"
&DUULHU LV FXUUHQWO\ DQ LQFXPEHQW YHQGRU RI 6RXUFHZHOO 8SRQ DZDUG &DUULHU ZLOO VFKHGXOH D UROO RXW PHHWLQJ ZLWK WKH FXVWRPHU WR SODQ DQG SUHSDUH IRU WKH H[HFXWLRQ RI WKH DZDUGHG FRQWUDFW DV QHHGHG

'HPRQVWUDWH \RXU ILQDQFLDO VWUHQJWK DQG VWDELOLW\ ZLWK PHDQLQJIXO GDWD 7KLV FRXOG LQFOXGH VXFK LWHPV DV ILQDQFLDO VWDWHPHQWV 6(& ILOLQJV FUHGLW DQG ERQG UDWLQJV OHWWHUV RI FUHGLW DQG GHWDLOHG UHIHUHQFH OHWWHUV 8SORDG VXSSRUWLQJ GRFXPHQWV DV

DSSOLFDEOH
LQ WKH GRFXPHQW XSORDG VHFWLRQ RI \RXU UHVSRQVH
&DUULHU *OREDO &RUSRUDWLRQ LV DQ $PHULFDQ PXOWLQDWLRQDO KRPH DSSOLDQFHV FRUSRUDWLRQ EDVHG LQ 3DOP %HDFK *DUGHQV )ORULGD &DUULHU ZDV IRXQGHG LQ
DV DQ LQGHSHQGHQW FRPSDQ\ PDQXIDFWXULQJ DQG GLVWULEXWLQJ KHDWLQJ YHQWLODWLQJ

DQG DLU FRQGLWLRQLQJ
+9$&
V\VWHPV DQG KDV VLQFH H[SDQGHG WR LQFOXGH PDQXIDFWXULQJ FRPPHUFLDO UHIULJHUDWLRQ DQG IRRGVHUYLFH HTXLSPHQW DQG ILUH DQG VHFXULW\ WHFKQRORJLHV $V RI LW ZDV DQ ELOOLRQ FRPSDQ\ ZLWK RYHU HPSOR\HHV VHUYLQJ FXVWRPHUV LQ FRXQWULHV RQ VL[

FRQWLQHQWV &DUULHU
V 0RRG\ UDWLQJ LV %DD DQG WKH RXWORRN LV VWDEOH &DUULHU V %DD VHQLRU XQVHFXUHG UDWLQJ UHIOHFWV
LWV ORQJHVWDEOLVKHG OHDGHUVKLS SRVLWLRQ LQ WKH JOREDO HTXLSPHQW LQGXVWU\ &DUULHU

V VLJQLILFDQW VFDOH SRVLWLRQV LW DV RQH
RI WKH ODUJHVW FRPSHWLWRUV LQ WKH VHFWRU 7KH EXVLQHVV LV H[SRVHG WR F\FOLFDOLW\ ZLWK DERXW RI UHYHQXH GHULYHG IURP QHZ HTXLSPHQW VDOHV 7KH UDWLQJV FRQVLGHU VL]HDEOH GHEW OHYHOV DQG KLJK ILQDQFLDO OHYHUDJH IROORZLQJ WKH VSLQRII IURP 8QLWHG 7HFKQRORJLHV &RUSRUDWLRQ LQ HDUO\
5HIHU WR DQQXDO UHSRUW IRU IXOO ILQDQFLDO VWDWHPHQWV

:KDW LV \RXU 86 PDUNHW VKDUH IRU WKH VROXWLRQV WKDW \RX DUH SURSRVLQJ"
&DUULHU LV D OHDGLQJ PDQXIDFWXUHU RI +9$& HTXLSPHQW LQ ERWK 1RUWK $PHULFD DQG JOREDOO\ 6SHFLILF PDUNHW VKDUH LQIRUPDWLRQ LV FRQILGHQWLDO 3OHDVH UHIHU WR RXU ZHEVLWH IRU +9$& DSSOLFDWLRQV DQG LQVWDOODWLRQ

:KDW LV \RXU &DQDGLDQ PDUNHW VKDUH IRU WKH VROXWLRQV WKDW \RX DUH SURSRVLQJ"
1$

+DV \RXU EXVLQHVV HYHU SHWLWLRQHG IRU EDQNUXSWF\ SURWHFWLRQ" ,I VR H[SODLQ LQ GHWDLO
1R

+RZ LV \RXU RUJDQL]DWLRQ EHVW GHVFULEHG
LV LW D PDQXIDFWXUHU
D GLVWULEXWRUGHDOHUUHVHOOHU RU D VHUYLFH SURYLGHU" $QVZHU

ZKLFKHYHU TXHVWLRQ

HLWKHU D
RU E

MXVW EHORZ

EHVW DSSOLHV WR
\RXU RUJDQL]DWLRQ
D
,I \RXU FRPSDQ\ LV EHVW GHVFULEHG DV D
GLVWULEXWRUGHDOHUUHVHOOHU
RU VLPLODU HQWLW\
SURYLGH \RXU ZULWWHQ
DXWKRUL]DWLRQ WR DFW DV D GLVWULEXWRUGHDOHUUHVHOOHU IRU WKH PDQXIDFWXUHU RI WKH SURGXFWV SURSRVHG LQ WKLV 5)3 ,I
DSSOLFDEOH LV \RXU GHDOHU QHWZRUN LQGHSHQGHQW RU FRPSDQ\ RZQHG"
E
,I \RXU FRPSDQ\ LV EHVW GHVFULEHG DV D PDQXIDFWXUHU RU
VHUYLFH SURYLGHU GHVFULEH \RXU UHODWLRQVKLS ZLWK \RXU VDOHV DQG VHUYLFH IRUFH DQG ZLWK \RXU GHDOHU QHWZRUN LQ GHOLYHULQJ WKH SURGXFWV DQG VHUYLFHV SURSRVHG LQ WKLV 5)3 $UH WKHVH
LQGLYLGXDOV \RXU HPSOR\HHV RU WKH HPSOR\HHV RI D WKLUG SDUW\" 0DQXIDFWXUHU DQG VHUYLFH SURYLGHU
D
1$
E
&DUULHU &RPPHUFLDO 6HUYLFH VHOI SHUIRUPV PRVW ZRUN RU ZLOO VHUYH DV D JHQHUDO LI VSHFLDOW\ VXEFRQWUDFWRUV DUH QHHGHG RQ D SURMHFW &DUULHU KDV

VHUYLFH RIILFHV WKURXJKRXW 1RUWK $PHULFD DQG PD\ SURFXUH SURGXFW RU PDWHULDOV WKURXJK RXU FRUSRUDWH RZQHG ZDUHKRXVHV RU WKURXJK ORFDO GLVWULEXWLRQ FHQWHUV

,I DSSOLFDEOH SURYLGH D GHWDLOHG H[SODQDWLRQ RXWOLQLQJ WKH OLFHQVHV DQG FHUWLILFDWLRQV WKDW DUH ERWK UHTXLUHG WR EH KHOG DQG DFWXDOO\ KHOG E\ \RXU RUJDQL]DWLRQ

LQFOXGLQJ WKLUG SDUWLHV
DQG VXEFRQWUDFWRUV WKDW \RX XVH

LQ SXUVXLW RI WKH EXVLQHVV
FRQWHPSODWHG E\ WKLV 5)3
&DUULHU LV VXEMHFW WR YDULRXV UHJLVWUDWLRQ DQG OLFHQVLQJ UHTXLUHPHQWV LQ WKH VWDWHV DQG ORFDO MXULVGLFWLRQV ZKHUH LW GRHV EXVLQHVV DQG KDV KXQGUHGV RI OLFHQVHV LQ SODFH LQ WKH 8QLWHG 6WDWHV DQG &DQDGD

3URYLGH DOO ³6XVSHQVLRQ RU 'HEDUPHQW´ LQIRUPDWLRQ WKDW KDV DSSOLHG WR \RXU RUJDQL]DWLRQ GXULQJ WKH SDVW WHQ \HDUV 1$

Bid Number: RFP 070121 Vendor Name: Carrier Global Corp

7DEOH
,QGXVWU\ 5HFRJQLWLRQ 0DUNHWSODFH 6XFFHVV
/LQH ,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEH DQ\ UHOHYDQW LQGXVWU\ DZDUGV RU UHFRJQLWLRQ WKDW \RXU FRPSDQ\ KDV UHFHLYHG LQ WKH SDVW ILYH \HDUV
7KH 2SWL&OHDQ 'XDO0RGH $LU 6FUXEEHU 1HJDWLYH $LU 0DFKLQH &DUULHU¶V SLRQHHULQJ VROXWLRQ WR KHOS SURYLGH KHDOWKLHU LQGRRU DLU KDV EHHQ FURZQHG $LU &RQGLWLRQLQJ ,QQRYDWLRQ RI WKH <HDU LQ WKH 5$& &RROLQJ ,QGXVWU\ $ZDUGV RQH RI WKH 8.¶V WRS EXLOGLQJ WHFKQRORJ\ DZDUGV
7KH UHFRJQLWLRQ IROORZV WKH 2SWL&OHDQ XQLW EHLQJ QDPHG RQH RI 7,0( V %HVW ,QYHQWLRQV RI 7KH SURGXFW
FXUUHQWO\ DYDLODEOH LQ 1RUWK $PHULFD DQG $VLD LV H[SHFWHG WR ODXQFK LQ (XURSH WKLV \HDU &DUULHU LV SDUW RI &DUULHU *OREDO &RUSRUDWLRQ
1<6(
&$55
D OHDGLQJ JOREDO SURYLGHU RI KHDOWK\ VDIH DQG VXVWDLQDEOH EXLOGLQJ DQG FROG FKDLQ VROXWLRQV
$V DQ DLU VFUXEEHU WKH 2SWL&OHDQ XQLW FDQ LPSURYH WKH LQGRRU DLU TXDOLW\ RI FODVVURRPV UHVWDXUDQWV GHQWDO RIILFHV FRPPHUFLDO EXLOGLQJV DQG PRUH E\ SXOOLQJ LQ DLU VFUXEELQJ LW XVLQJ D +(3$ ILOWHU DQG WKHQ H[KDXVWLQJ FOHDQHU DLU EDFN LQWR WKH URRP ,W KDV D IRRWSULQW RI OHVV WKDQ WKUHH VTXDUH IHHW DQG FDQ SOXJ LQWR D VWDQGDUG ZDOO RXWOHW

:KDW SHUFHQWDJH RI \RXU VDOHV DUH WR WKH JRYHUQPHQWDO VHFWRU LQ WKH SDVW WKUHH \HDUV
&DUULHU &RUSRUDWLRQ LV D
ELOOLRQ GROODU JOREDO HQWLW\ /HVV WKDW RI WKRVH VDOHV ZHUH UHFRJQL]HG IURP WKH JRYHUQPHQW VHFWRU

:KDW SHUFHQWDJH RI \RXU VDOHV DUH WR WKH HGXFDWLRQ VHFWRU LQ WKH SDVW WKUHH \HDUV
&DUULHU &RUSRUDWLRQ LV D
ELOOLRQ GROODU JOREDO HQWLW\ /HVV WKDW RI WKRVH VDOHV ZHUH UHFRJQL]HG IURP WKH HGXFDWLRQ VHFWRU

/LVW DQ\ VWDWH SURYLQFLDO RU FRRSHUDWLYH SXUFKDVLQJ FRQWUDFWV WKDW \RX KROG :KDW LV WKH DQQXDO VDOHV YROXPH IRU HDFK RI WKHVH FRQWUDFWV RYHU WKH SDVW WKUHH \HDUV"
&DUULHU LV D OHDGLQJ PDQXIDFWXUHU RI +9$& HTXLSPHQW LQ ERWK 1RUWK $PHULFD DQG JOREDOO\ 6SHFLILF PDUNHW VKDUH LQIRUPDWLRQ LV FRQILGHQWLDO 3OHDVH UHIHU WR RXU ZHEVLWH IRU +9$& DSSOLFDWLRQV DQG LQVWDOODWLRQ

/LVW DQ\ *6$ FRQWUDFWV RU 6WDQGLQJ 2IIHUV DQG 6XSSO\ $UUDQJHPHQWV
626$
WKDW \RX KROG :KDW LV WKH DQQXDO VDOHV
YROXPH IRU HDFK RI WKHVH FRQWUDFWV RYHU WKH SDVW WKUHH \HDUV" &DUULHU LV D OHDGLQJ PDQXIDFWXUHU RI +9$& HTXLSPHQW LQ ERWK 1RUWK $PHULFD DQG JOREDOO\ 6SHFLILF PDUNHW VKDUH LQIRUPDWLRQ LV FRQILGHQWLDO 3OHDVH UHIHU WR RXU ZHEVLWH IRU +9$& DSSOLFDWLRQV DQG LQVWDOODWLRQ

7DEOH
5HIHUHQFHV7HVWLPRQLDOV
/LQH ,WHP 6XSSO\ UHIHUHQFH LQIRUPDWLRQ IURP WKUHH FXVWRPHUV ZKR DUH HOLJLEOH WR EH 6RXUFHZHOO SDU LFLSDWLQJ HQWLWLHV (QWLW\ 1DPH
&RQWDFW 1DPH
3KRQH 1XPEHU

&RXQW\ RI 3DVVDLF 6WHYH 2UVLQL

0RXQW 2OLYH %RDUG RI (GXFDWLRQ *OHQQ 0LOOHU

[

5XWJHUV 8QLYHUVLW\ *OHQ 9OLHW

7DEOH
7RS )LYH *RYHUQPHQW RU (GXFDWLRQ &XVWRPHUV
/LQH ,WHP 3URYLGH D OLVW RI \RXU WRS ILYH JRYHUQPHQW HGXFDWLRQ RU QRQSURILW FXVWRPHUV HQWLW\ QDPH LV RSWLRQDO
LQFOXGLQJ HQWLW\ W\SH WKH VWDWH RU SURYLQFH KH HQWLW\ LV ORFDWHG LQ

VFRSH RI WKH SURMHFW
V
VL]H RI WUDQVDFWLRQ
V
DQG GROODU YROXPHV IURP KH SDVW WKUHH \HDUV
(QWLW\ 1DPH (QWLW\ 7\SH
6WDWH 3URYLQFH
6FRSH RI :RUN
6L]H RI 7UDQVDFWLRQV
'ROODU 9ROXPH 3DVW 7KUHH <HDUV

+RXVWRQ ,QGHSHQGHQW
6FKRRO 'LVWULFW
(GXFDWLRQ 7H[DV 7; +9$& SUHYHQWLYH PDLQWHQDQFH UHWURILWV UHSDLUV HQHUJ\ VDYLQJ XSJUDGHV
&DUULHU LV D OHDGLQJ PDQXIDFWXUHU RI
+9$& HTXLSPHQW LQ ERWK 1RUWK
$PHULFD DQG JOREDOO\ 6SHFLILF

PDUNHW VKDUH LQIRUPDWLRQ LV
FRQILGHQWLDO 3OHDVH UHIHU WR RXU
ZHEVLWH IRU +9$& DSSOLFDWLRQV DQG
LQVWDOODWLRQ
&DUULHU LV D OHDGLQJ PDQXIDFWXUHU RI
+9$& HTXLSPHQW LQ ERWK 1RUWK
$PHULFD DQG JOREDOO\ 6SHFLILF

PDUNHW VKDUH LQIRUPDWLRQ LV
FRQILGHQWLDO 3OHDVH UHIHU WR RXU
ZHEVLWH IRU +9$& DSSOLFDWLRQV DQG
LQVWDOODWLRQ

5HGRQGR %HDFK
6FKRRO 'LVWULFW
(GXFDWLRQ &DOLIRUQLD &$ +9$& FDSLWDO FKLOOHU LQVWDOODWLRQV DQG UHWURILWV WR LQFOXGH ERLOHUV DLU KDQGOHUV DQG FRQWUROV
V\VWHPV
&DUULHU LV D OHDGLQJ PDQXIDFWXUHU RI
+9$& HTXLSPHQW LQ ERWK 1RUWK
$PHULFD DQG JOREDOO\ 6SHFLILF

PDUNHW VKDUH LQIRUPDWLRQ LV
FRQILGHQWLDO 3OHDVH UHIHU WR RXU
ZHEVLWH IRU +9$& DSSOLFDWLRQV DQG
LQVWDOODWLRQ

%,50 1*+$0
%2$5' 2)
('8&$7,21
(GXFDWLRQ $ODEDPD $/ +9$& SUHYHQWLYH PDLQWHQDQFH UHWURILWV UHSDLUV HQHUJ\ VDYLQJ XSJUDGHV
&DUULHU LV D OHDGLQJ PDQXIDFWXUHU RI
+9$& HTXLSPHQW LQ ERWK 1RUWK
$PHULFD DQG JOREDOO\ 6SHFLILF

PDUNHW VKDUH LQIRUPDWLRQ LV
FRQILGHQWLDO 3OHDVH UHIHU WR RXU
ZHEVLWH IRU +9$& DSSOLFDWLRQV DQG
LQVWDOODWLRQ

(ON *URYH 6FKRRO
'LVWULFW
(GXFDWLRQ &DOLIRUQLD &$ 6XSSO\ +9$& HTXLSPHQW SHUIRUP VWDUWXS DQG ZDUUDQW\ UHSDLUV
&DUULHU LV D OHDGLQJ PDQXIDFWXUHU RI
+9$& HTXLSPHQW LQ ERWK 1RUWK
$PHULFD DQG JOREDOO\ 6SHFLILF

PDUNHW VKDUH LQIRUPDWLRQ LV
FRQILGHQWLDO 3OHDVH UHIHU WR RXU
ZHEVLWH IRU +9$& DSSOLFDWLRQV DQG
LQVWDOODWLRQ

8QLYHUVLW\ RI &HQWUDO
)ORULGD
(GXFDWLRQ )ORULGD )/ +9$& FDSLWDO FKLOOHU LQVWDOODWLRQV DQG UHWURILWV WR LQFOXGH ERLOHUV URRI WRS XQLWV DQG FRQWUROV
V\VWHPV
&DUULHU LV D OHDGLQJ PDQXIDFWXUHU RI
+9$& HTXLSPHQW LQ ERWK 1RUWK
$PHULFD DQG JOREDOO\ 6SHFLILF

PDUNHW VKDUH LQIRUPDWLRQ LV
FRQILGHQWLDO 3OHDVH UHIHU WR RXU
ZHEVLWH IRU +9$& DSSOLFDWLRQV DQG
LQVWDOODWLRQ

Bid Number: RFP 070121 Vendor Name: Carrier Global Corp

7DEOH
$ELOLW\ WR 6HOO DQG 'HOLYHU 6HUYLFH
'HVFULEH \RXU FRPSDQ\¶V FDSDELOLW\ WR PHHW WKH QHHGV RI 6RXUFHZHOO SDUWLFLSDWLQJ HQWLWLHV DFURVV WKH 86 DQG &DQDGD DV DSSOLFDEOH <RXU UHVSRQVH VKRXOG DGGUHVV LQ GHWDLO DW OHDVW KH

IROORZLQJ DUHDV
ORFDWLRQV RI \RXU QHWZRUN RI VDOHV DQG VHUYLFH SURYLGHUV WKH QXPEHU RI ZRUNHUV IXOOWLPH HTXLYDOHQWV
LQYROYHG LQ HDFK VHFWRU ZKHWKHU WKHVH ZRUNHUV DUH \RXU GLUHFW HPSOR\HHV
RU HPSOR\HHV RI D KLUG SDUW\
DQG DQ\ RYHUODS EHWZHHQ WKH VDOHV DQG VHUYLFH IXQF LRQV /LQH
,WHP 4XHVWLRQ 5HVSRQVH

6DOHV IRUFH ,Q 1RUWK $PHULFD &DUULHU &RPPHUFLDO 6HUYLFH LV JHRJUDSKLFDOO\ PDQDJHG WKURXJK WKH 6HUYLFH &HQWHU RI ([FHOOHQFH LQ &KDUORWWH 1& 7KLV FHQWUDOL]HG ORFDWLRQ ZRUNV ZLWK

ILHOG RIILFHV WKDW FRYHU WKH HQWLUH FRQWLQHQWDO 8QLWHG 6WDWHV +DZDLL DQG &DQDGD

'HDOHU QHWZRUN RU RWKHU GLVWULEXWLRQ PHWKRGV &DUULHU KDV ERWK FRPSDQ\ RZQHG GLUHFW VDOHV RIILFHV LQGHSHQGHQW GLVWULEXWRUV DQG MRLQW YHQWXUH GLVWULEXWRUV ,Q 0D\

&DUULHU DQG :DWVFR ,QF IRUPHG D MRLQW YHQWXUH WR GLVWULEXWH &DUULHU %U\DQW 3D\QH HTXLSPHQW DQG 7RWDOLQH SDUWV 7KH QHZ QDPH IRU WKLV GLVWULEXWLRQ QHWZRUN LV &DUULHU (QWHUSULVHV 7KHVH GLVWULEXWRUV ZHUH SUHYLRXVO\ RZQHG E\ &DUULHU

6HUYLFH IRUFH &RPPHUFLDO 6HUYLFH HPSOR\V RYHU PDQDJHPHQW SURIHVVLRQDO FOHULFDO SHUVRQQHO VHUYLFH WHFKQLFLDQV DQG WHFKQLFDO HQJLQHHUV :H KDYH RYHU PLOOLRQ PDQKRXUV RI VHUYLFH H[SHULHQFH 6HUYLFH WHFKQLFLDQV EHORQJ WR ORFDO SLSHILWWHUV XQLRQV
RSWLRQDO LQ ULJKWWRZRUN VWDWHV
ZKLFK DUH SDUW RI WKH 8QLWHG $VVRFLDWLRQ RI 3OXPEHUV DQG 6WHDPILWWHUV

'HVFULEH LQ GHWDLO WKH SURFHVV DQG SURFHGXUH RI \RXU FXVWRPHU VHUYLFH SURJUDP LI DSSOLFDEOH ,QFOXGH \RXU
UHVSRQVHWLPH FDSDELOLWLHV DQG FRPPLWPHQWV DV ZHOO DV DQ\ LQFHQWLYHV WKDW KHOS \RXU SURYLGHUV PHHW \RXU VWDWHG VHUYLFH JRDOV RU SURPLVHV
:KHQ \RX SDUWQHU ZLWK &DUULHU \RX ZLOO ZRUN ZLWK D VLQJOH VRXUFH GHGLFDWHG 6HUYLFH $FFRXQW 7HDP WKDW ZLOO SURYLGH GHJUHHV RI FRPSUHKHQVLYH VROXWLRQV &DUULHU ZLOO ZRUN ZLWK RXU FOLHQW WR GHYHORS D VPDUW HIIHFWLYH DQG FXVWRPL]HG SODQ GHVLJQHG WR GHOLYHU WKH PRVW YDOXH IRU WKH HTXLSPHQW DQG IDFLOLW\ 6HUYLFH RSWLRQV DUH PDWFKHG WR \RXU UHTXLUHG OHYHO RI FRYHUDJH
IURP LQVSHFWLRQV DQG DQQXDO PDLQWHQDQFH WR SODQQHG DQG IXOO PDLQWHQDQFH RSWLRQV :KHQ LW FRPHV WR SUHGLFWLYH PDLQWHQDQFH VHUYLFHV &DUULHU LV SURDFWLYH NHHSLQJ \RXU HTXLSPHQW DW LWV RSHUDWLQJ SHDN SHUIRUPDQFH ,QGHSWK DQDO\VLV ZLWK RXU SURSULHWDU\ GLDJQRVWLF WRROV LQFUHDVHV UHOLDELOLW\ DQG PLQLPL]HV GRZQWLPH &DUULHU &RPPHUFLDO 6HUYLFH ZLOO QRWLI\ \RX RI DQ\ SRWHQWLDO LVVXHV ORQJ EHIRUH \RX UHDOL]H WKHUH LV D SUREOHP ,Q WKH HYHQW RI DQ HPHUJHQF\ RXWDJH &DUULHU
V UHVSRQVH WLPH WR WHFK RQ VLWH LV W\SLFDOO\ KRXUV )RU URXWLQH FDOOV WKH UHVSRQVH WLPH LV JHQHUDOO\ KRXUV

'HVFULEH \RXU DELOLW\ DQG ZLOOLQJQHVV WR SURYLGH \RXU
SURGXFWV DQG VHUYLFHV WR 6RXUFHZHOO SDUWLFLSDWLQJ HQWLWLHV LQ WKH 8QLWHG 6WDWHV
&DUULHU &RUSRUDWLRQ LV D SURXG LQFXPEHQW SURYLGHU WR 6RXUFHZHOO &DUULHU ZLOO FRQWLQXH WR UHVSRQG WR UHTXHVWV IURP FXUUHQW DQG SURVSHFWLYH PHPEHUV RI WKH 6RXUFHZHOO SURJUDP

'HVFULEH \RXU DELOLW\ DQG ZLOOLQJQHVV WR SURYLGH \RXU SURGXFWV DQG VHUYLFHV WR 6RXUFHZHOO SDUWLFLSDWLQJ HQWLWLHV LQ &DQDGD
&DUULHU &RPPHUFLDO 6HUYLFH LQ &DQDGD FXUUHQWO\ SURYLGHV VHUYLFHV WR JRYHUQPHQWDO IDFLOLWLHV 2XU &DQDGD WHDP ZLOO UHVSRQG DFFRUGLQJO\ WR DOO UHTXHVWV IRU 6RXUFHZHOO VHUYLFHV

,GHQWLI\ DQ\ JHRJUDSKLF DUHDV RI WKH 8QLWHG 6WDWHV RU &DQDGD WKDW \RX ZLOO 127 EH IXOO\ VHUYLQJ WKURXJK WKH
SURSRVHG FRQWUDFW
&DUULHU KDV RYHU
GLVSDWFK SRLQWV RSHUDWLQJ RXW RI

VHUYLFH RIILFHV LQ WKH 86 DQG &DQDGD &DUULHU &RPPHUFLDO 6HUYLFH SURYLGHV VHUYLFHV WR DOO UHJLRQV RI WKH 86 H[FHSW $ODVND

,GHQWLI\ DQ\ 6RXUFHZHOO SDUWLFLSDWLQJ HQWLW\ VHFWRUV LH
JRYHUQPHQW HGXFDWLRQ QRWIRUSURILW
WKDW \RX ZLOO 127 EH
IXOO\ VHUYLQJ WKURXJK WKH SURSRVHG FRQWUDFW ([SODLQ LQ GHWDLO )RU H[DPSOH GRHV \RXU FRPSDQ\ KDYH RQO\ D UHJLRQDO
SUHVHQFH RU GR RWKHU FRRSHUDWLYH SXUFKDVLQJ FRQWUDFWV OLPLW \RXU DELOLW\ WR SURPRWH DQRWKHU FRQWUDFW"
&DUULHU FDQ DQG ZLOO VHUYLFH DOO VHFWRUV WKURXJKRXW WKH 86 DQG &DQDGD H[FHSW $ODVND
YLD WKH 6RXUFHZHOO SURJUDP

'HILQH DQ\ VSHFLILF FRQWUDFW UHTXLUHPHQWV RU UHVWULFWLRQV WKDW ZRXOG DSSO\ WR RXU SDUWLFLSDWLQJ HQWLWLHV LQ +DZDLL DQG $ODVND DQG LQ 86 7HUULWRULHV
&DUULHU &RPPHUFLDO 6HUYLFH SURYLGHV VHUYLFHV WR DOO UHJLRQV RI WKH 86 DQG &DQDGD WR LQFOXGH +DZDLL &DUULHU GRHV QRW VHUYLFH $ODVND

7DEOH
0DUNHWLQJ 3ODQ
/LQH ,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEH \RXU PDUNHWLQJ VWUDWHJ\ IRU SURPRWLQJ WKLV
FRQWUDFW RSSRUWXQLW\ 8SORDG UHSUHVHQWDWLYH VDPSOHV
RI \RXU PDUNHWLQJ PDWHULDOV

LI DSSOLFDEOH
LQ WKH
GRFXPHQW XSORDG VHFWLRQ RI \RXU UHVSRQVH
&DUULHU VHQGV TXDUWHUO\ DQG DQQXDO HPDLO FRUUHVSRQGHQFH WR FXVWRPHUV DVVRFLDWHG ZLWK WKHVH PDUNHWV ,Q DGGLWLRQ WR RXU HPDLO PDUNHWLQJ FDPSDLJQ &DUULHU DQQXDOO\ DWWHQGV DQG SDUWLFLSDWHV LQ WKH 1,*3 )RUXP DQG WUDGH VKRZ &DUULHU ORRNV IRUZDUG WR SDUWQHULQJ ZLWK 6RXUFHZHOO LQ D VWUDWHJLF UHODWLRQVKLS DW WKH VKRZ ([DPSOHV RI &DUULHU¶V PDUNHWLQJ PDWHULDOV IRU PDUNHW VROXWLRQV PD\ EH IRXQG DW ZZZFDUULHUFRP ,QFOXGHG ZLWK WKH VXEPLVVLRQ SDFNDJH LV &DUULHU 6WUDWHJLF $FFRXQWV 0DUNHWLQJ EURFKXUH

'HVFULEH \RXU XVH RI WHFKQRORJ\ DQG GLJLWDO GDWD

HJ VRFLDO PHGLD PHWDGDWD XVDJH

WR HQKDQFH
PDUNHWLQJ HIIHFWLYHQHVV
&DUULHU¶V ZHE VLWH ZZZFDUULHUFRP LV DQ HIIHFWLYH SODWIRUP IRU FRPPXQLFDWLQJ RXU RIIHULQJV WR WKH JHQHUDO SXEOLF DQG SURVSHFWLYH FOLHQWV DOLNH 7KH VLWH DOORZV XV WR VKRZFDVH SURGXFWV DQG VHUYLFHV VXVWDLQDEOH EXLOGLQJ VROXWLRQV DQG QHZO\ GHYHORSHG LQQRYDWLRQV &DUULHU LV DOVR DFWLYH LQ /LQNHGLQ DQG 7ZLWWHU DV D PHDQV RI FRPPXQLFDWLQJ FXUUHQW QHZV DQG GXULQJ WLPHV RI HPHUJHQF\ WR DOHUW RXU FXVWRPHUV RI RXU WHPSRUDU\ VROXWLRQV IRU KHDWLQJ FRROLQJ DQG SRZHU VXSSO\

,Q \RXU YLHZ ZKDW LV 6RXUFHZHOO¶V UROH LQ SURPRWLQJ FRQWUDFWV DULVLQJ RXW RI WKLV 5)3" +RZ ZLOO \RX
LQWHJUDWH D 6RXUFHZHOODZDUGHG FRQWUDFW LQWR \RXU
VDOHV SURFHVV"
&DUULHU ZLOO HQFRXUDJH 6RXUFHZHOO WR IDFLOLWDWH LQWURGXFWLRQV RQ EHKDOI RI &DUULHU ZLWK SDUWLHV WKDW UHSUHVHQW D PDWFK WR RXU VHUYLFH RIIHULQJV 7KH PDVWHU VHUYLFHV DJUHHPHQW ZLOO EH LQWURGXFHG WR WKH QDWLRQDO VDOHV WHDP GXULQJ WKH DZDUG UROORXW DQG ZLOO EH DFFHVVLEOH WR DOO VHUYLFH SHUVRQQHO RQ RXU LQWHUQDO 1DWLRQDO $FFRXQWV ZHE VLWH

$UH \RXU SURGXFWV RU VHUYLFHV DYDLODEOH WKURXJK DQ H SURFXUHPHQW RUGHULQJ SURFHVV" ,I VR GHVFULEH \RXU H
SURFXUHPHQW V\VWHP DQG KRZ JRYHUQPHQWDO DQG
HGXFDWLRQDO FXVWRPHUV KDYH XVHG LW
1$

Bid Number: RFP 070121 Vendor Name: Carrier Global Corp

7DEOH
9DOXH$GGHG $WWULEXWHV
/LQH ,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEH DQ\ SURGXFW HTXLSPHQW PDLQWHQDQFH
RU RSHUDWRU WUDLQLQJ SURJUDPV WKDW \RX RIIHU WR
6RXUFHZHOO SDUWLFLSDWLQJ HQWLWLHV ,QFOXGH GHWDLOV
VXFK DV ZKHWKHU WUDLQLQJ LV VWDQGDUG RU RSWLRQDO
ZKR SURYLGHV WUDLQLQJ DQG DQ\ FRVWV WKDW DSSO\
$W WKH FXVWRPHUV RSWLRQ &DUULHU PD\ SURYLGH HTXLSPHQW RSHUDWLRQ WUDLQLQJ DW WKH FXVWRPHU¶V IDFLOLW\ 7KLV WUDLQLQJ JHQHUDOO\ ODVWV VHYHUDO KRXUV LQ GXUDWLRQ DQG HQFRPSDVVHV XQLW RSHUDWLRQ ZHHNO\ URXWLQH RSHUDWLRQV FKHFNV DQG PLQRU WURXEOHVKRRWLQJ ,Q DGGLWLRQ WKH FXVWRPHU PD\ DWWHQG IDFWRU\ WUDLQLQJ DW WKH 6HUYLFH &HQWHU RI ([FHOOHQFH LQ &KDUORWWH 1&

'HVFULEH DQ\ WHFKQRORJLFDO DGYDQFHV WKDW \RXU
SURSRVHG SURGXFWV RU VHUYLFHV RIIHU
&DUULHU 60$57 6HUYLFH LV D G\QDPLF SURDFWLYH VWUDWHJ\ IRU HQKDQFHG HTXLSPHQW DQG V\VWHP PDQDJHPHQW 7KURXJK WKH LGHQWLILFDWLRQ DQG DQDO\VLV RI FKLOOHU DQG V\VWHP RSHUDWLQJ WUHQGV PRUH LQIRUPHG GHFLVLRQV FDQ QRZ EH PDGH UHODWLYH WR PHHWLQJ FRPIRUW GHPDQGV LPSOHPHQWLQJ VHUYLFH PDLQWHQDQFH RU UHSDLU HYHQWV DQG LPSURYLQJ D EXLOGLQJ¶V ILQDQFLDO SHUIRUPDQFH 7KH EHQHILWV LQFOXGH LQVLJKW LQWR FKLOOHU RSHUDWLRQ DQG WUHQGV HDUO\ LQGLFDWLRQ RI HTXLSPHQW SUREOHPV PD[LPXP RSHUDWLQJ HIILFLHQF\ PLWLJDWLQJ ULVNV E\ LGHQWLI\LQJ DQG FRUUHFWLQJ PLQRU SUREOHPV EHIRUH WKH\ OHDG WR H[SHQVLYH UHSDLUV

'HVFULEH DQ\ ³JUHHQ´ LQLWLDWLYHV WKDW UHODWH WR
\RXU FRPSDQ\ RU WR \RXU SURGXFWV RU VHUYLFHV
DQG LQFOXGH D OLVW RI WKH FHUWLI\LQJ DJHQF\ IRU
HDFK
2QH RI WKH 86 *RYHUQPHQW
V WHVWLQJ DJHQFLHV UHFHQWO\ IRXQG WKDW &DUULHU¶V YDULDEOHVSHHG VFUHZ FKLOOHU FRQVXPHG OHVV HQHUJ\ DQG RIIHUHG D JUHDWHU UDQJH RI RSHUDWLQJ FRQGLWLRQV WKDQ DOWHUQDWLYH ZDWHUFRROHG FKLOOHU WHFKQRORJ\ 2YHUVHHQ E\ WKH *HQHUDO 6HUYLFHV $GPLQLVWUDWLRQ WKH *UHHQ 3URYLQJ *URXQG SURJUDP DSSRLQWHG 2DN 5LGJH 1DWLRQDO /DERUDWRU\ WR SHUIRUP UHDOZRUOG

WHVWLQJ RI WZR FKLOOHUV
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

,GHQWLI\ DQ\ WKLUGSDUW\ LVVXHG HFRODEHOV UDWLQJV
RU FHUWLILFDWLRQV WKDW \RXU FRPSDQ\ KDV UHFHLYHG
IRU WKH HTXLSPHQW RU SURGXFWV LQFOXGHG LQ \RXU
3URSRVDO UHODWHG WR HQHUJ\ HIILFLHQF\ RU
FRQVHUYDWLRQ OLIHF\FOH GHVLJQ
FUDGOHWRFUDGOH

RU RWKHU JUHHQVXVWDLQDELOLW\ IDFWRUV
:LWK :HDWKHU 6HULHV 5RRIWRS 8QLWV IHDWXULQJ (FR%OXH 7HFKQRORJ\ &DUULHU LV SURYLQJ WKDW QRW DOO URRIWRSV DUH FUHDWHG HTXDO (FR%OXH 7HFKQRORJ\ LQFOXGHV D PRUH FRPSDFW YDQH D[LDO IDQ ZKLFK LV DQ LQGXVWU\ ILUVW IRU SDFNDJHG URRIWRS XQLWV DORQJ ZLWK D VLPSOLILHG GHVLJQ WKDW KHOSV ORZHU LQVWDOODWLRQ DQG PDLQWHQDQFH FRVWV 7XUQ WR WKH H[SHUWV WRGD\ WR OHDUQ PRUH DQG VHH KRZ ZH
YH SXW D ZKROH QHZ VSLQ RQ URRIWRSV 6LOYHU DZDUG ZLQQHU RI &RQVXOWLQJ 6SHFLI\LQJ (QJLQHHU 3URGXFW RI WKH <HDU

'HVFULEH DQ\ :RPHQ RU 0LQRULW\ %XVLQHVV
(QWLW\
:0%(
6PDOO %XVLQHVV (QWLW\
6%(
RU
YHWHUDQ RZQHG EXVLQHVV FHUWLILFDWLRQV WKDW \RXU
FRPSDQ\ RU KXE SDUWQHUV KDYH REWDLQHG 8SORDG

GRFXPHQWDWLRQ RI FHUWLILFDWLRQ

DV DSSOLFDEOH
LQ
WKH GRFXPHQW XSORDG VHFWLRQ RI \RXU UHVSRQVH
&DUULHU LV D SXEOLFO\ WUDGHG IRUWXQH FRUSRUDWLRQ DQG LV QRW PLQRULW\ RZQHG

:KDW XQLTXH DWWULEXWHV GRHV \RXU FRPSDQ\ \RXU
SURGXFWV RU \RXU VHUYLFHV RIIHU WR 6RXUFHZHOO
SDUWLFLSDWLQJ HQWLWLHV" :KDW PDNHV \RXU
SURSRVHG VROXWLRQV XQLTXH LQ \RXU LQGXVWU\ DV LW
DSSOLHV WR 6RXUFHZHOO SDUWLFLSDWLQJ HQWLWLHV"
:KHQ \RX SDUWQHU ZLWK &DUULHU \RX¶OO ZRUN ZLWK UHFRJQL]HG +9$& SURIHVVLRQDOV ± DOO ZLWK D FOHDU IRFXV RQ WKH LPSRUWDQFH RI HYHU\ DVSHFW RI \RXU LQYHVWPHQW 2XU WHFKQLFLDQV DUH FHUWLILHG DV &DUULHU 6SHFLDOLVWV RU 0DVWHUV HDFK WUDLQHG RQ RXU SURGXFWV FXVWRPHU VHUYLFH DQG WKRURXJKO\ WHVWHG WR RXU VWDQGDUGV &DUULHU¶V 7HFK &HUWLILFDWLRQ 3URJUDP LV WKH PRVW SURJUHVVLYH OHDUQLQJ SURJUDP LQ WKH LQGXVWU\ $V &DUULHU¶V RZQ VHUYLFLQJ HQWLW\ ZH KDYH DFFHVV WR WKH ODWHVW HQJLQHHULQJ DGYDQFHPHQWV DQG WKH PRVW DGYDQFHG WHFKQLFDO VHUYLFLQJ WRROV 2XU H[SDQVLYH 2(0 VHUYLFH QHWZRUN KDV VWUDWHJLFDOO\ORFDWHG RIILFHV LQ WKH 8QLWHG 6WDWHV DQG &DQDGD 7UDQVODWLRQ
ZH¶OO EH WKHUH ZKHQHYHU \RX QHHG XV (QYLURQPHQWDO +HDOWK DQG 6DIHW\ (+ 6
LV
URRWHG LQ RXU FXOWXUH :H VXSSRUW D PXOWLIDFHWHG (+ 6 PDQDJHPHQW V\VWHP ZKLFK HQVXUHV D IRFXVHG DSSURDFK WR VDIHW\ HYHU\ GD\ 2Q DOO OHYHOV ZH DGKHUH WR WKH PRVW VWULQJHQW VDIHW\ VWDQGDUGV ZKLFK WUDQVODWH WR VDIHW\ RQ \RXU MREVLWH 2XU $FKLHYLQJ &RPSHWLWLYH ([FHOOHQFH
$&(
RSHUDWLQJ V\VWHP EULQJV \RX VWDQGDUGL]HG VROXWLRQV QR JXHVVZRUN QR YDULDEOHV :H IRFXV RQ TXDOLW\ HIILFLHQF\ DQG FRQVLVWHQF\ DW \RXU MREVLWH DQG LQ DOO RXU GD\WRGD\ EXVLQHVV SUDFWLFHV

7DEOH
$
:DUUDQW\
'HVFULEH LQ GHWDLO \RXU PDQXIDFWXUHU ZDUUDQW\ SURJUDP LQFOXGLQJ FRQGLWLRQV DQG UHTXLUHPHQWV WR TXDOLI\ FODLPV SURFHGXUH DQG RYHUDOO VWUXFWXUH <RX PD\ XSORDG UHSUHVHQWDWLYH VDPSOHV RI \RXU ZDUUDQW\ PDWHULDOV

LI DSSOLFDEOH
LQ WKH GRFXPHQW XSORDG VHFWLRQ RI \RXU UHVSRQVH LQ DGGLWLRQ WR UHVSRQGLQJ WR WKH TXHVWLRQV EHORZ /LQH ,WHP 4XHVWLRQ 5HVSRQVH

'R \RXU ZDUUDQWLHV FRYHU DOO SURGXFWV SDUWV DQG ODERU" &DUULHU ZDUUDQWV WKDW DOO HTXLSPHQW PDQXIDFWXUHG E\ &DUULHU &RUSRUDWLRQ DQG DOO &DUULHU HTXLSPHQW SDUWV RU FRPSRQHQWV VXSSOLHG KHUHXQGHU ZLOO EH IUHH IURP GHIHFWV LQ PDWHULDO DQG ZRUNPDQVKLS &DUULHU VKDOO DW LWV RSWLRQ UHSDLU RU UHSODFH )2% SRLQW RI VDOH DQ\ HTXLSPHQW SDUW RU FRPSRQHQW VROG E\ &DUULHU DQG

GHWHUPLQHG WR EH GHIHFWLYH ZLWKLQ RQH

\HDU IURP WKH GDWH RI LQLWLDO RSHUDWLRQ RU HLJKWHHQ

PRQWKV
IURP GDWH RI VKLSPHQW ZKLFKHYHU LV HDUOLHU &DUULHU GRHV QRW ZDUUDQW SURGXFWV QRW PDQXIDFWXUHG E\ &DUULHU &RUSRUDWLRQ EXW LW GRHV SDVV RQ WR &XVWRPHU DQ\ DYDLODEOH PDQXIDFWXUHU¶V ZDUUDQW\ IRU WKRVH SURGXFWV &DUULHU ZDUUDQWV WKDW DOO VHUYLFH SURYLGHG E\ &DUULHU KHUHXQGHU VKDOO EH SHUIRUPHG LQ D ZRUNPDQOLNH PDQQHU ,Q WKH HYHQW DQ\ VXFK VHUYLFH LV GHWHUPLQHG WR EH GHIHFWLYH ZLWKLQ QLQHW\

GD\V RI FRPSOHWLRQ
RI WKDW VHUYLFH &DUULHU VKDOO DW LWV RSWLRQ UHSHUIRUP RU LVVXH D FUHGLW IRU VXFK VHUYLFH &DUULHU¶V REOLJDWLRQ WR UHSDLU RU UHSODFH DQ\ GHIHFWLYH HTXLSPHQW SDUWV RU FRPSRQHQWV GXULQJ WKH ZDUUDQW\ SHULRG VKDOO EH &XVWRPHU¶V H[FOXVLYH UHPHG\ &DUULHU VKDOO QRW EH UHVSRQVLEOH IRU ODERU FKDUJHV IRU UHPRYDO RU UHLQVWDOODWLRQ RI GHIHFWLYH HTXLSPHQW SDUWV RU FRPSRQHQWV IRU FKDUJHV IRU WUDQVSRUWDWLRQ KDQGOLQJ DQG VKLSSLQJ RU UHIULJHUDQW ORVV RU IRU UHSDLUV RU UHSODFHPHQW RI VXFK HTXLSPHQW SDUWV RU FRPSRQHQWV UHTXLUHG DV D FRQVHTXHQFH RI IDXOW\ LQVWDOODWLRQ PLVDSSOLFDWLRQ YDQGDOLVP DEXVH H[SRVXUH WR FKHPLFDOV LPSURSHU VHUYLFLQJ XQDXWKRUL]HG DOWHUDWLRQ RU LPSURSHU RSHUDWLRQ E\ SHUVRQV RWKHU WKDQ &DUULHU

'R \RXU ZDUUDQWLHV LPSRVH XVDJH UHVWULFWLRQV RU RWKHU OLPLWDWLRQV WKDW DGYHUVHO\ DIIHFW FRYHUDJH"
1R

'R \RXU ZDUUDQWLHV FRYHU WKH H[SHQVH RI WHFKQLFLDQV¶ WUDYHO WLPH DQG PLOHDJH WR SHUIRUP ZDUUDQW\ UHSDLUV"
<HV

$UH WKHUH DQ\ JHRJUDSKLF UHJLRQV RI WKH 8QLWHG 6WDWHV RU &DQDGD DV

DSSOLFDEOH
IRU ZKLFK \RX FDQQRW SURYLGH D FHUWLILHG WHFKQLFLDQ WR
SHUIRUP ZDUUDQW\ UHSDLUV" +RZ ZLOO 6RXUFHZHOO SDUWLFLSDWLQJ HQWLWLHV LQ WKHVH UHJLRQV EH SURYLGHG VHUYLFH IRU ZDUUDQW\ UHSDLU"
1R

:LOO \RX FRYHU ZDUUDQW\ VHUYLFH IRU LWHPV PDGH E\ RWKHU PDQXIDFWXUHUV WKDW DUH SDUW RI \RXU SURSRVDO RU DUH WKHVH ZDUUDQWLHV LVVXHV W\SLFDOO\ SDVVHG RQ WR WKH RULJLQDO HTXLSPHQW PDQXIDFWXUHU"
&DUULHU ZLOO ZDUUDQW\ SURGXFWV SHU WKH PDQXIDFWXUHU¶V JXLGHOLQHV

:KDW DUH \RXU SURSRVHG H[FKDQJH DQG UHWXUQ SURJUDPV DQG SROLFLHV" 1R LWHPV ZLOO EH DFFHSWHG IRU UHWXUQ ZLWKRXW SULRU ZULWWHQ DXWKRUL]DWLRQ 5HWXUQHG JRRGV PD\ EH VXEMHFW WR D UHVWRFNLQJ FKDUJH 6SHFLDO RUGHU DQG QRQVWRFN LWHPV FDQQRW EH UHWXUQHG

'HVFULEH DQ\ VHUYLFH FRQWUDFW RSWLRQV IRU WKH LWHPV LQFOXGHG LQ \RXU SURSRVDO
&DUULHU RIIHUV LWV FXVWRPHUV ORQJWHUP VHUYLFH DJUHHPHQWV SURYLGLQJ WKHP ZLWK NQRZOHGJH RQ QHZ FRVW VDYLQJ DQG HQYLURQPHQWDO WHFKQRORJLHV SUHYHQWLYH PDLQWHQDQFH DQG UHFRPPHQGDWLRQV RQ FXUUHQW FRQWUROV V\VWHPV ,Q DGGLWLRQ &DUULHU KDV D XQLTXH UHPRWH GLDJQRVWLF PRQLWRULQJ WRRO WKDW FDQ GHWHFW SRWHQWLDO VHUYLFH SUREOHPV EHIRUH WKH\ RFFXU
&DUULHU VHHNV WR UHGXFH WKH FOLHQWV RSHUDWLQJ FRVWV WKURXJK HTXLSPHQW RSWLPL]DWLRQ HTXLSPHQW EDVHOLQH DQDO\VLV EXLOGLQJ PDQDJHPHQW VROXWLRQV HQHUJ\ VDYLQJV VROXWLRQV HTXLSPHQW PRGHUQL]DWLRQ LQFOXGLQJ

UHWURILW DQG XSJUDGHV DQG WXUQNH\ UHSODFHPHQW VROXWLRQV 2WKHU NH\ UHVRXUFHV LQFOXGH )LHOG VHUYLFH
HQJLQHHUV VWDQGDUG ZRUN LQVWUXFWLRQV H[SHGLWHG SDUWV DYDLODELOLW\ DQG &DUULHU52/( UHPRWH RQOLQH H[SHUWV

Bid Number: RFP 070121 Vendor Name: Carrier Global Corp

7DEOH
%
3HUIRUPDQFH 6WDQGDUGV RU *XDUDQWHHV
'HVFULEH LQ GHWDLO \RXU SHUIRUPDQFH VWDQGDUGV RU JXDUDQWHHV LQFOXGLQJ FRQGL LRQV DQG UHTXLUHPHQWV WR TXDOLI\ FODLPV SURFHGXUH DQG RYHUDOO VWUXFWXUH <RX PD\ XSORDG UHSUHVHQWDWLYH VDPSOHV RI \RXU SHUIRUPDQFH PDWHULDOV

LI DSSOLFDEOH
LQ WKH GRFXPHQW XSORDG VHFWLRQ RI \RXU UHVSRQVH LQ DGGLWLRQ WR UHVSRQGLQJ WR WKH TXHVWLRQV EHORZ /LQH ,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEH DQ\ SHUIRUPDQFH VWDQGDUGV RU JXDUDQWHHV WKDW DSSO\ WR \RXU VHUYLFHV
&DUULHU ZDUUDQWV WKDW DOO HTXLSPHQW PDQXIDFWXUHG E\ &DUULHU &RUSRUDWLRQ DQG DOO &DUULHU HTXLSPHQW SDUWV RU FRPSRQHQWV VXSSOLHG KHUHXQGHU ZLOO EH IUHH IURP GHIHFWV LQ PDWHULDO DQG ZRUNPDQVKLS &DUULHU VKDOO DW LWV RSWLRQ UHSDLU RU UHSODFH )2 % SRLQW RI VDOH DQ\ HTXLSPHQW SDUW RU FRPSRQHQW VROG E\ &DUULHU DQG GHWHUPLQHG WR EH

GHIHFWLYH ZLWKLQ RQH

\HDU IURP WKH GDWH RI LQLWLDO RSHUDWLRQ RU HLJKWHHQ

PRQWKV IURP GDWH RI VKLSPHQW
ZKLFKHYHU LV HDUOLHU &DUULHU GRHV QRW ZDUUDQW SURGXFWV QRW PDQXIDFWXUHG E\ &DUULHU &RUSRUDWLRQ EXW LW GRHV SDVV RQ WR &XVWRPHU DQ\ DYDLODEOH PDQXIDFWXUHU¶V ZDUUDQW\ IRU WKRVH SURGXFWV &DUULHU ZDUUDQWV WKDW DOO VHUYLFH SURYLGHG E\ &DUULHU KHUHXQGHU VKDOO EH SHUIRUPHG LQ D ZRUNPDQOLNH PDQQHU ,Q WKH HYHQW DQ\ VXFK VHUYLFH LV GHWHUPLQHG WR EH GHIHFWLYH ZLWKLQ QLQHW\

GD\V RI FRPSOHWLRQ RI WKDW VHUYLFH &DUULHU VKDOO DW LWV RSWLRQ UHSHUIRUP RU LVVXH D FUHGLW IRU VXFK VHUYLFH &DUULHU¶V REOLJDWLRQ WR UHSDLU RU UHSODFH DQ\ GHIHFWLYH HTXLSPHQW SDUWV RU FRPSRQHQWV GXULQJ WKH ZDUUDQW\ SHULRG VKDOO EH &XVWRPHU¶V H[FOXVLYH UHPHG\ &DUULHU VKDOO QRW EH UHVSRQVLEOH IRU ODERU FKDUJHV IRU UHPRYDO RU UHLQVWDOODWLRQ RI GHIHFWLYH HTXLSPHQW SDUWV RU FRPSRQHQWV IRU FKDUJHV IRU WUDQVSRUWDWLRQ KDQGOLQJ DQG VKLSSLQJ RU UHIULJHUDQW ORVV RU IRU UHSDLUV RU UHSODFHPHQW RI VXFK HTXLSPHQW SDUWV RU FRPSRQHQWV UHTXLUHG DV D FRQVHTXHQFH RI IDXOW\ LQVWDOODWLRQ PLVDSSOLFDWLRQ YDQGDOLVP DEXVH H[SRVXUH WR FKHPLFDOV LPSURSHU VHUYLFLQJ XQDXWKRUL]HG DOWHUDWLRQ RU LPSURSHU RSHUDWLRQ E\ SHUVRQV RWKHU WKDQ &DUULHU

'HVFULEH DQ\ VHUYLFH VWDQGDUGV RU JXDUDQWHHV WKDW DSSO\ WR \RXU VHUYLFHV
SROLFLHV PHWULFV .3,V HWF

4XDOLW\ $VVXUDQFH RI 3URGXFWV 6HUYLFHV
,Q HDUO\

&DUULHU
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¶V LQWURGXFWLRQ DQG WKH WHFKQLFLDQV ZKR DUH LQYROYHG LQ SURGXFW LQVWDOODWLRQ DQG GHOLYHU\ ,Q SURGXFW LQWURGXFWLRQ WKH SURMHFW PDQDJHU PHHWV ZLWK TXDOLW\ UHYLHZ WHDPV DQG VXSSOLHUV WR DVVXUH WKDW WKH ILQDO SURGXFW PHHWV WKH LQLWLDO JRDOV IRU WKH SURGXFW 2QFH WKH SURGXFW LV ILHOG LPSOHPHQWHG WKH &XVWRPHU 6HUYLFH 5HSRUW

&65
SURYLGHV WKH PHDQV WR FRPPXQLFDWH SURGXFW GHILFLHQFLHV 6HUYLFH PDUNHWLQJ FRPSLOHV WKH GDWD YLD VWDWLVWLFDO DQDO\VLV DQG WKH LQIRUPDWLRQ LV SDVVHG RQ WR WKH DSSURSULDWH VXSSOLHUV :KDW VHUYLFH ZDV VROG YHUVXV ZKDW VHUYLFH ZDV SHUIRUPHG LV D NH\ LQGLFDWRU LQ WKH VHUYLFH EXVLQHVV 0HWKRG RI GRFXPHQWDWLRQ RI WKLV LQGLFDWRU LQFOXGHV D FRPSXWHUL]HG VFKHGXOLQJ V\VWHP DQG WKH &XVWRPHU 6HUYLFH 5HSRUW &65

WLPH WLFNHWV
7KH &XVWRPHU 6HUYLFH 5HSRUW
&65
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¶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
,Q D GLVWULEXWHG WHFKQLFDO RUJDQL]DWLRQ WKHUH LV WKH QHHG WR FRPPXQLFDWH VHUYLFH LQVWUXFWLRQV DFURVV WKH QDWLRQ 7KH SULQFLSOH YHKLFOHV IRU WKHVH WUDQVIHUV RI LQIRUPDWLRQ DUH WKH 6HUYLFH %XOOHWLQ DQG (TXLSPHQW 7HFKQLFDO 0DQXDOV 7KH QHHG WR JHQHUDWH WHFKQLFDO EXOOHWLQV LV FUHDWHG E\ WKH LQSXW UHFHLYHG IURP WKH ILHOG VHUYLFH RUJDQL]DWLRQ WKURXJK &XVWRPHU 6HUYLFH 5HSRUW
&65
GRFXPHQWV ZKLFK DUH UHYLHZHG E\ 86 )LHOG 2SHUDWLRQV
86)2

FXVWRPHU DVVXUDQFH
SHUVRQQHO DQG ILHOG UHTXHVWV IRU DVVLVWDQFH
&DUULHU XVHV ERWK IRUPDO DQG LQIRUPDO DSSURDFKHV WR DVVHVV WKH TXDOLW\ RI LWV V\VWHPV SURFHVVHV SUDFWLFHV SURGXFWV DQG VHUYLFHV )RUPDOO\ &DUULHU 6\VWHPV DQG 6HUYLFHV DVVHVV WKH TXDOLW\ RI WKH DERYH ZLWK PHDVXUHPHQWV 6RPH RI WKH PHDVXUHPHQWV LQFOXGH \HDUO\ DXGLWV
L H SROLFLHV SURFHGXUHV SXUFKDVLQJ VLJQDWXUH DXWKRULW\ VDIHW\ SURGXFW
IDLOXUH UDWHV RQ D PRQWKO\ EDVLV VHUYLFH DJUHHPHQW FDQFHOODWLRQV FXVWRPHU VXUYH\V FXVWRPHU VDWLVIDFWLRQ LQGH[
DQG
FXVWRPHU FRPSODLQWV
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

Bid Number: RFP 070121 Vendor Name: Carrier Global Corp

7DEOH
3D\PHQW 7HUPV DQG )LQDQFLQJ 2SWLRQV
/LQH
,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEH \RXU SD\PHQW WHUPV DQG DFFHSWHG SD\PHQW
PHWKRGV"
1HW 3D\PHQW LV DFFHSWHG YLD FKHFN FUHGLW FDUG RU ZLUH

'HVFULEH DQ\ OHDVLQJ RU ILQDQFLQJ RSWLRQV DYDLODEOH IRU XVH E\ HGXFDWLRQDO RU JRYHUQPHQWDO HQWLWLHV
1$

%ULHIO\ GHVFULEH \RXU SURSRVHG RUGHU SURFHVV ,QFOXGH HQRXJK GHWDLO WR VXSSRUW \RXU DELOLW\ WR UHSRUW TXDUWHUO\ VDOHV WR 6RXUFHZHOO DV GHVFULEHG LQ WKH &RQWUDFW WHPSODWH )RU
H[DPSOH LQGLFDWH ZKHWKHU \RXU GHDOHU QHWZRUN LV LQFOXGHG LQ \RXU UHVSRQVH DQG ZKHWKHU HDFK GHDOHU

RU VRPH RWKHU
HQWLW\
ZLOO SURFHVV WKH 6RXUFHZHOO SDUWLFLSDWLQJ HQWLWLHV¶
SXUFKDVH RUGHUV
5DWKHU WKDQ XWLOL]H D GHDOHU QHWZRUN &DUULHU &RUS GLUHFWO\ HPSOR\V LWV VDOHV DQG VHUYLFH IRUFH $V D 6RXUFHZHOO LQFXPEHQW &DUULHU KDV VXFFHVVIXOO\ SURYLGHG TXDUWHUO\ UHSRUWV VLQFH

'HVFULEH DQ\ VWDQGDUG WUDQVDFWLRQ GRFXPHQWV WKDW \RX

SURSRVH WR XVH LQ FRQQHFWLRQ ZLWK DQ DZDUGHG FRQWUDFW

RUGHU IRUPV WHUPV DQG FRQGLWLRQV VHUYLFH OHYHO DJUHHPHQWV HWF
8SORDG D VDPSOH RI HDFK

DV DSSOLFDEOH
LQ WKH
GRFXPHQW XSORDG VHFWLRQ RI \RXU UHVSRQVH
&DUULHU KDV FUHDWHG D SULFLQJ WHPSODWH ZKLFK GHWDLOV FRQWUDFW ODERU UDWHV PDWHULDO PDUNXSV DQG HTXLSPHQW GLVFRXQWV IURP PDVWHU SULFLQJ 7KLV GRFXPHQW LV GLVWULEXWHG WR RXU ILHOG XSRQ FRQWUDFW DZDUG DQG VWRUHG RQ D VKDUHG GULYH IRU DOO FRPSDQ\ HPSOR\HHV WR DFFHVV 7HPSODWH XSORDGHG WR WKLV 5)3 DV D UHIHUHQFH

'R \RX DFFHSW WKH 3FDUG SURFXUHPHQW DQG SD\PHQW
SURFHVV" ,I VR LV WKHUH DQ\ DGGLWLRQDO FRVW WR 6RXUFHZHOO SDUWLFLSDWLQJ HQWLWLHV IRU XVLQJ WKLV SURFHVV"
<HV DQG DW QR DGGLWLRQDO FRVWV

7DEOH
3ULFLQJ DQG 'HOLYHU\
3URYLGH GHWDLOHG SULFLQJ LQIRUPDWLRQ LQ WKH TXHVWLRQV WKDW IROORZ EHORZ .HHS LQ PLQG WKDW UHDVRQDEOH SULFH DQG SURGXFW DGMXVWPHQWV FDQ EH PDGH GXULQJ KH WHUP RI DQ DZDUGHG &RQWUDFW DV GHVFULEHG LQ WKH 5)3 WKH WHPSODWH &RQWUDFW DQG KH 6RXUFHZHOO 3ULFH DQG 3URGXFW &KDQJH 5HTXHVW )RUP /LQH ,WHP 4XHVWLRQ 5HVSRQVH

'HVFULEH \RXU SULFLQJ PRGHO
H J OLQHLWHP GLVFRXQWV RU SURGXFWFDWHJRU\

GLVFRXQWV
3URYLGH GHWDLOHG SULFLQJ GDWD

LQFOXGLQJ VWDQGDUG RU OLVW SULFLQJ DQG WKH
6RXUFHZHOO GLVFRXQWHG SULFH
RQ DOO RI WKH LWHPV WKDW \RX ZDQW 6RXUFHZHOO WR
FRQVLGHU DV SDUW RI \RXU 5)3 UHVSRQVH ,I DSSOLFDEOH SURYLGH D 6.8 IRU HDFK LWHP LQ \RXU SURSRVDO 8SORDG \RXU SULFLQJ PDWHULDOV

LI DSSOLFDEOH

LQ WKH GRFXPHQW
XSORDG VHFWLRQ RI \RXU UHVSRQVH
6HH DWWDFKHG SULFLQJ WHPSODWH

4XDQWLI\ WKH SULFLQJ GLVFRXQW UHSUHVHQWHG E\ WKH SULFLQJ SURSRVDO LQ WKLV UHVSRQVH )RU H[DPSOH LI WKH SULFLQJ LQ \RXU UHVSRQVH UHSUHVHQWV D SHUFHQWDJH GLVFRXQW IURP 0653 RU OLVW VWDWH WKH SHUFHQWDJH RU SHUFHQWDJH UDQJH 6HH DWWDFKHG SULFLQJ WHPSODWH

'HVFULEH DQ\ TXDQWLW\ RU YROXPH GLVFRXQWV RU UHEDWH SURJUDPV WKDW \RX RIIHU 1RQH

3URSRVH D PHWKRG RI IDFLOLWDWLQJ ³VRXUFHG´ SURGXFWV RU UHODWHG VHUYLFHV ZKLFK PD\ EH UHIHUUHG WR DV ³RSHQ PDUNHW´ LWHPV RU ³QRQVWDQGDUG RSWLRQV´ )RU H[DPSOH \RX PD\ VXSSO\ VXFK LWHPV ³DW FRVW´ RU ³DW FRVW SOXV D SHUFHQWDJH´ RU \RX PD\ VXSSO\ D TXRWH IRU HDFK VXFK UHTXHVW
6RXUFHG 3DUWV DUH JHQHUDOO\ PDUNHG XS XVLQJ D SUHQHJRWLDWHG 0DUN XS VFKHGXOH 6HH DWWDFKHG SULFLQJ WHPSODWH IRU UDWHV

,GHQWLI\ DQ\ HOHPHQW RI WKH WRWDO FRVW RI DFTXLVLWLRQ WKDW LV 127 LQFOXGHG LQ WKH SULFLQJ VXEPLWWHG ZLWK \RXU UHVSRQVH 7KLV LQFOXGHV DOO DGGLWLRQDO FKDUJHV DVVRFLDWHG ZLWK D SXUFKDVH WKDW DUH QRW GLUHFWO\ LGHQWLILHG DV IUHLJKW RU VKLSSLQJ FKDUJHV )RU H[DPSOH OLVW FRVWV IRU LWHPV OLNH SUHGHOLYHU\ LQVSHFWLRQ LQVWDOODWLRQ VHW XS PDQGDWRU\ WUDLQLQJ RU LQLWLDO LQVSHFWLRQ ,GHQWLI\ DQ\ SDUWLHV WKDW LPSRVH VXFK FRVWV DQG WKHLU UHODWLRQVKLS WR WKH 3URSRVHU
7ULS FKDUJHV DQG FRQVXPDEOH FKDUJHV DSSO\ WR HYHU\ YLVLW

,I IUHLJKW GHOLYHU\ RU VKLSSLQJ LV DQ DGGLWLRQDO FRVW WR WKH 6RXUFHZHOO SDUWLFLSDWLQJ HQWLW\ GHVFULEH LQ GHWDLO WKH FRPSOHWH IUHLJKW VKLSSLQJ DQG GHOLYHU\ SURJUDP $OO VKLSPHQWV VKDOO EH )2 % VKLSSLQJ SRLQW IUHLJKW SUHSDLG DQG DOORZHG WR WKH MRE VLWH 6KLSPHQW GDWHV TXRWHG DUH DSSUR[LPDWH &DUULHU GRHV QRW JXDUDQWHH D SDUWLFXODU GDWH IRU VKLSPHQW RU GHOLYHU\
&DUULHU VKDOO KDYH WKH ULJKW WR VKLS DQ\ SRUWLRQ RI WKH HTXLSPHQW LQFOXGHG LQ WKLV $JUHHPHQW DQG LQYRLFH &XVWRPHU IRU VXFK SDUWLDO VKLSPHQW

6SHFLILFDOO\ GHVFULEH IUHLJKW VKLSSLQJ DQG GHOLYHU\ WHUPV RU SURJUDPV DYDLODEOH IRU $ODVND +DZDLL &DQDGD RU DQ\ RIIVKRUH GHOLYHU\
6DPH DV DERYH

'HVFULEH DQ\ XQLTXH GLVWULEXWLRQ DQGRU GHOLYHU\ PHWKRGV RU RSWLRQV RIIHUHG LQ \RXU SURSRVDO
$Q\ XQLTXH UHTXLUHPHQWV ZLOO EH GLVFXVVHG RQ D FXVWRPHU E\ FXVWRPHU EDVLV

7DEOH
3ULFLQJ 2IIHUHG
/LQH
,WHP 7KH 3ULFLQJ 2IIHUHG LQ WKLV 3URSRVDO LV
&RPPHQWV
F EHWWHU WKDQ WKH 3URSRVHU W\SLFDOO\ RIIHUV WR *32V FRRSHUDWLYH SURFXUHPHQW RUJDQL]DWLRQV RU VWDWH SXUFKDVLQJ GHSDUWPHQWV 7DEOH
$XGLW DQG $GPLQLVWUDWLYH )HH
/LQH ,WHP 4XHVWLRQ 5HVSRQVH

6SHFLILFDOO\ GHVFULEH DQ\ VHOIDXGLW SURFHVV RU SURJUDP WKDW \RX SODQ WR HPSOR\ WR YHULI\ FRPSOLDQFH ZLWK \RXU SURSRVHG &RQWUDFW ZLWK 6RXUFHZHOO 7KLV SURFHVV LQFOXGHV HQVXULQJ WKDW 6RXUFHZHOO SDUWLFLSDWLQJ HQWLWLHV REWDLQ WKH SURSHU SULFLQJ WKDW WKH 9HQGRU UHSRUWV DOO VDOHV XQGHU WKH &RQWUDFW HDFK TXDUWHU DQG WKDW WKH 9HQGRU UHPLWV WKH SURSHU DGPLQLVWUDWLYH IHH WR 6RXUFHZHOO
&DUULHU &RUSRUDWLRQ XWLOL]HV D SULFLQJ WRRO WKDW FDQ EH SUHORDGHG ZLWK 6RXUFHZHOO V
SUHQHJRWLDWHG UDWHV DQG PDUNXSV 7KLV HQVXUHV WKDW XVHUV DUH FRPSOLDQW ZKLOH FUHDWLQJ FRPSHWLWLYH ELGV IRU 6RXUFHZHOO PHPEHUV $ 1DWLRQDO $FFRXQW 0DQDJHU ZLOO UHYLHZ DOO ELGV SULRU WR VXEPLVVLRQ WR HQVXUH FRQVLVWHQFH\ DQG FRUUHFWQHVV

,I \RX DUH DZDUGHG D FRQWUDFW SURYLGH D IHZ H[DPSOHV RI LQWHUQDO PHWULFV WKDW ZLOO EH WUDFNHG WR PHDVXUH ZKHWKHU \RX DUH KDYLQJ VXFFHVV ZLWK WKH FRQWUDFW 7KH &DUULHU 1DWLRQDO $FFRXQW 0DQDJHU ZLOO XVH WZR WRROV WR WUDFN WKH 6RXUFHZHOO FRQWUDFW XVDJH 2QH LV D WUDFNLQJ OLVW PDLQWDLQHG E\ WKH 1DWLRQDO $FFRXQW 0DQDJHU DQG WKH HTXLSPHQW WHDP 7KH VHFRQG UHVLGHV LQ RXU VHUYLFHVDOHV VRIWZDUH ZKLFK ZLOO WUDFN DQG UHSRUW TXRWHG RU VROG MREV WKURXJKRXW WKH OLIH RI WKH FRQWUDFW

,GHQWLI\ D SURSRVHG DGPLQLVWUDWLYH IHH WKDW \RX ZLOO SD\ WR 6RXUFHZHOO IRU IDFLOLWDWLQJ PDQDJLQJ DQG SURPRWLQJ WKH 6RXUFHZHOO &RQWUDFW LQ WKH HYHQW WKDW \RX DUH DZDUGHG D &RQWUDFW 7KLV IHH LV W\SLFDOO\ FDOFXODWHG DV D SHUFHQWDJH RI 9HQGRU¶V VDOHV XQGHU WKH &RQWUDFW RU DV D SHUXQLW IHH
LW LV QRW D OLQHLWHP DGGLWLRQ WR WKH 0HPEHU¶V FRVW RI JRRGV

6HH WKH 5)3 DQG WHPSODWH &RQWUDFW IRU DGGLWLRQDO GHWDLOV

Bid Number: RFP 070121 Vendor Name: Carrier Global Corp

$GGHQGD 7HUPV DQG &RQGLWLRQV
352326(5 $)),'$9,7 $1' $6685$1&( 2) &203/,$1&(
, FHUWLI\ WKDW , DP WKH DXWKRUL]HG UHSUHVHQWDWLYH RI WKH 3URSRVHU VXEPLWWLQJ WKH IRUHJRLQJ 3URSRVDO ZLWK WKH OHJDO DXWKRULW\ WR ELQG WKH 3URSRVHU WR WKLV $IILGDYLW DQG $VVXUDQFH RI &RPSOLDQFH

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

RSHUDWLRQV RI D UHVXO LQJ FRQWUDFW
DQG WKH 3URSRVHU KDV QRW WDNHQ DQ\ DFWLRQ LQ UHVWUDLQW RI IUHH WUDGH RU FRPSH LWLYHQHVV LQ FRQQHFWLRQ ZLWK KLV VROLFLWDWLRQ $GGLWLRQDOO\ LI 3URSRVHU KDV ZRUNHG ZLWK D FRQVXOWDQW RQ WKH 3URSRVDO KH FRQVXOWDQW DQ LQGLYLGXDO RU D FRPSDQ\
KDV QRW DVVLVWHG DQ\ RWKHU HQWLW\ WKDW KDV VXEPLWWHG RU ZLOO VXEPLW D SURSRVDO IRU WKLV VROLFLWDWLRQ
7R KH EHVW RI LWV NQRZOHGJH DQG EHOLHI DQG H[FHSW DV RWKHUZLVH GLVFORVHG LQ WKH 3URSRVDO WKHUH DUH QR UHOHYDQW IDFWV RU FLUFXPVWDQFHV ZKLFK FRXOG JLYH ULVH WR DQ RUJDQL]D LRQDO FRQIOLFW RI LQWHUHVW $Q RUJDQL]DWLRQDO FRQIOLFW RI LQWHUHVW H[LVWV ZKHQ D YHQGRU KDV DQ XQIDLU FRPSHWLWLYH DGYDQWDJH RU WKH YHQGRU¶V REMHF LYLW\ LQ SHUIRUPLQJ WKH FRQWUDFW LV RU PLJKW EH LPSDLUHG
7KH FRQWHQWV RI WKH 3URSRVDO KDYH QRW EHHQ FRPPXQLFDWHG E\ WKH 3URSRVHU RU LWV HPSOR\HHV RU DJHQWV WR DQ\ SHUVRQ QRW DQ HPSOR\HH RU OHJDOO\ DXWKRUL]HG DJHQW RI WKH 3URSRVHU DQG ZLOO QRW EH FRPPXQLFDWHG WR DQ\ VXFK SHUVRQV SULRU WR 'XH 'DWH RI WKLV VROLFLWDWLRQ ,I DZDUGHG D FRQWUDFW WKH 3URSRVHU ZLOO SURYLGH WR 6RXUFHZHOO 3DUWLFLSDWLQJ (Q LWLHV WKH HTXLSPHQW SURGXFWV DQG VHUYLFHV LQ DFFRUGDQFH ZLWK WKH WHUPV FRQGLWLRQV DQG VFRSH RI D UHVXOWLQJ FRQWUDFW
7KH 3URSRVHU SRVVHVVHV RU ZLOO SRVVHVV EHIRUH GHOLYHULQJ DQ\ HTXLSPHQW SURGXFWV RU VHUYLFHV DOO DSSOLFDEOH OLFHQVHV RU FHUWLILFDWLRQV QHFHVVDU\ WR GHOLYHU VXFK HTXLSPHQW SURGXFWV RU VHUYLFHV XQGHU DQ\ UHVXOWLQJ FRQWUDFW
7KH 3URSRVHU DJUHHV WR GHOLYHU HTXLSPHQW SURGXFWV DQG VHUYLFHV WKURXJK YDOLG FRQWUDFWV SXUFKDVH RUGHUV RU PHDQV WKDW DUH DFFHSWDEOH WR 6RXUFHZHOO 0HPEHUV 8QOHVV RWKHUZLVH DJUHHG WR WKH 3URSRVHU PXVW SURYLGH RQO\ QHZ DQG ILUVWTXDOLW\ SURGXFWV DQG UHODWHG VHUYLFHV WR 6RXUFHZHOO 0HPEHUV XQGHU DQ DZDUGHG &RQWUDFW

7KH 3URSRVHU ZLOO FRPSO\ ZLWK DOO DSSOLFDEOH SURYLVLRQV RI IHGHUDO VWDWH DQG ORFDO ODZV UHJXODWLRQV UXOHV DQG RUGHUV 7KH 3URSRVHU XQGHUVWDQGV WKDW 6RXUFHZHOO ZLOO UHMHFW 5)3 SURSRVDOV WKDW DUH PDUNHG FRQILGHQWLDO RU QRQSXEOLF HWF
HLWKHU VXEVWDQWLDOO\ RU LQ WKHLU HQWLUHW\ 8QGHU 0LQQHVRWD 6WDWXWHV 6HFWLRQ
VXEGLYLVLRQ DOO SURSRVDOV DUH FRQVLGHUHG QRQSXEOLF GDWD XQWLO KH HYDOXD LRQ LV FRPSOHWH DQG D &RQWUDFW LV DZDUGHG $W WKDW SRLQW SURSRVDOV EHFRPH SXEOLF GDWD 0LQQHVRWD 6WDWXWHV 6HF LRQ SHUPLWV RQO\ FHUWDLQ QDUURZO\ GHILQHG GDWD WR EH FRQVLGHUHG D WUDGH VHFUHW DQG WKXV QRQSXEOLF GDWD XQGHU 0LQQHVRWD V 'DWD 3UDFWLFHV $FW
3URSRVHU LWV HPSOR\HHV DJHQWV DQG VXEFRQWUDFWRUV DUH QRW

,QFOXGHG RQ WKH ³6SHFLDOO\ 'HVLJQDWHG 1DWLRQDOV DQG %ORFNHG 3HUVRQV´ OLVW PDLQWDLQHG E\ WKH 2IILFH RI )RUHLJQ $VVHWV &RQWURO RI WKH 8QLWHG 6WDWHV 'HSDUWPHQW RI KH 7UHDVXU\

IRXQG DW
KWWSV
ZZZWUHDVXU\JRYRIDFGRZQORDGVVGQOLVWSGI

,QFOXGHG RQ WKH JRYHUQPHQWZLGH H[FOXVLRQV OLVWV LQ WKH 8QLWHG 6WDWHV 6\VWHP IRU $ZDUG 0DQDJHPHQW IRXQG DW KWWSV
VDPJRY6$0
RU
3UHVHQWO\ GHEDUUHG VXVSHQGHG SURSRVHG IRU GHEDUPHQW GHFODUHG LQHOLJLEOH RU YROXQWDULO\ H[FOXGHG IURP SURJUDPV RSHUDWHG E\ WKH 6WDWH RI 0LQQHVRWD WKH 8QLWHG 6WDWHV IHGHUDO
JRYHUQPHQW RU WKH &DQDGLDQ JRYHUQPHQW DV DSSOLFDEOH
RU DQ\ 3DUWLFLSDWLQJ (Q LW\ 9HQGRU FHU LILHV DQG ZDUUDQWV WKDW QHL KHU LW QRU LWV SULQFLSDOV KDYH EHHQ FRQYLFWHG RI D FULPLQDO RIIHQVH UHODWHG WR WKH VXEMHFW PDWWHU RI WKLV VROLFLWD LRQ %\ FKHFNLQJ WKLV ER[ , DFNQRZOHGJH WKDW , DP ERXQG E\ WKH WHUPV RI WKH 3URSRVHU¶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
7KH %LGGHU DFNQRZOHGJHV DQG DJUHHV WKDW WKH DGGHQGXPDGGHQGD EHORZ IRUP SDUW RI KH %LG 'RFXPHQW &KHFN WKH ER[ LQ WKH FROXPQ , KDYH UHYLHZHG WKLV DGGHQGXP EHORZ WR DFNQRZOHGJH HDFK RI WKH DGGHQGD )LOH 1DPH
, KDYH UHYLHZHG WKH

EHORZ DGGHQGXP DQG

DWWDFKPHQWV
LI

DSSOLFDEOH

3DJHV
$GGHQGXP +9$& 6\VWHPV 6HUYLFHV 5)3
7XH -XQH
30
$GGHQGXP +9$& 6\VWHPV 6HUYLFHV 5)3
:HG 0D\
30
$GGHQGXP +9$& 6\VWHPV 6HUYLFHV 5)3
7XH 0D\
30
$GGHQGXP +9$& 6\VWHPV 6HUYLFHV 5)3
0RQ 0D\
30
Bid Number: RFP 070121 Vendor Name: Carrier Global Corp

1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 23, 2023
SUBJECT: SUPPLEMENT TO PROFESSIONAL SERVICES AGREEMENT FOR CONTRACT EXTENSION WITH TOWNSEND PUBLIC AFFAIRS, INC.

TO PROVIDE LEGISLATIVE ADVOCACY AND GRANT WRITING

SERVICES
REPORT IN BRIEF:

Requested is the authorization to allow the City Manager to enter into a Supplement to Professional Services Agreement with Townsend Public Affairs to provide legislative advocacy and grant writing services in an amount not to exceed $48,000 for Fiscal Year (FY) 2023-24.

RECOMMENDED ACTION:

2. Approve the supplement to professional services agreement for Townsend Public Affairs, Inc.; and

3. Authorize the City Manager to bind the City of Stanton and Townsend Public Affairs, Inc. in a contract to provide advocacy and grant writing services to the City of Stanton.

ANALYSIS/JUSTIFICATION:

Townsend Public Affairs, Inc. is a lobbying and grant writing firm that provides local, regional, state, and federal advocacy services. The company has over 20 years of experience and specializes in local governance, water and sanitation policy and infrastructure, transportation policy and infrastructure, education and facilities, parks Item: 9E
Click here to return to the agenda.
2 and community facilities, natural resources and energy, housing and economic development, and public safety. In terms of funding success, over $1 billion in local, state, federal, nonprofit, and private grants have been awarded to grant applications developed by Townsend Public Affairs, Inc. (“Townsend”).

The intent of the contract is to leverage Townsend’s contacts and resources to achieve the goals and implementation items identified in the City’s Strategic Plan, apply for specialized grant funding, and continue to provide timely bill analysis, letters of support or opposition, and advocacy letters.

FISCAL IMPACT:

The FY 2023-24 proposed Operating Budget includes $48,000 in Account No. 101- 1300-608105 for professional services.

ENVIRONMENTAL IMPACT:

This item is not subject to the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

PUBLIC NOTIFICATION:

Public notification provided through the regular agenda process.

STRATEGIC PLAN OBJECTIVES ADDRESSED:

Obj. No. 2: Promote a strong local economy.

Obj. No. 3: Promote a quality infrastructure.

Obj. No. 4: Ensure fiscal stability and efficiency in governance.

Prepared by: Patricia A. Vazquez, City Clerk
Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Supplement to Professional Services Agreement with Townsend Public Affairs, Inc.

SUPPLEMENT TO

PROFESSIONAL SERVICES AGREEMENT
FOR

LEGISLATIVE ADVOCACY AND GRANT WRITING

THIS SUPPLEMENT TO PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE ADVOCACY AND GRANT WRITING (“Supplement”) is made and entered into this 1st day of July 2023 by and between the City of Stanton, a municipal organization (“Client”), and Townsend Public Affairs, Inc., a California corporation (“Consultant”).

R E C I T A L S
A. Client and Consultant have entered into that certain Professional Services Agreement dated as of June 25, 2019 (“Contract”).

B. The parties to this Supplement desire to change the term of the Contract as set forth herein.

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto supplement and amend the Contract as hereinafter set forth.

1. The term is extended from July 1, 2023 to June 30, 2024.

2. All other terms and conditions of the Contract, except as set forth herein, including without limitation the Fee Schedule set forth in Exhibit “A” of the Contract, shall remain in full force and effect.

WHEREFORE, this Supplement is executed by the parties as of the date set forth above.

CLIENT: CITY OF STANTON
a municipal organization
By: _____________________________
Hannah Shin-Heydorn
City Manager
CONSULTANT: TOWNSEND PUBLIC AFFAIRS, INC.
a California corporation
By: _____________________________
Christopher Townsend
President and Secretary
Attachment: A
Click here to return to the agenda.
1 CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 23, 2023
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT

PARTNERSHIP AND EMERGENCY SOLUTIONS GRANT PROGRAMS
COOPERATION AGREEMENT – AMENDMENT NO. SIX
REPORT IN BRIEF:

The Housing and Community Development Act of 1974 requires cities with a population under 50,000 to enter into a cooperation agreement with counties or the State in order to be part of the Urban County Community Development Block Grant Program (CDBG), HOME Investment Partnership Program (HOME), Emergency Solutions Grant Program (ESG) and any subsequent United States Department of Housing and Urban Development Program (HUD), which may become available to the counties to be used for eligible housing and community development activities. Approval of Resolution No. 2023-11 would extend the life of the existing Cooperative Agreement. The current Agreement (Amendment No. Five to the Cooperation Agreement) covers Fiscal Years (FY) 2021-2022 and 2022-2023.

RECOMMENDED ACTION:

2. Approve Resolution No. 2023-11 approving Amendment No. Six to the City’s Cooperation Agreement with the County of Orange entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, APPROVING AND ACCEPTING A COMMUNITY

DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP

AND EMERGENCY SOLUTIONS GRANT PROGRAMS COOPERATION
AGREEMENT AMENDMENT NO. SIX”; and
Item: 9F
Click here to return to the agenda.
2 3. Authorize the City Manager to execute Amendment No. Six to the City’s Cooperation Agreement with the County of Orange on behalf of the City.

ANALYSIS/JUSTIFICATION:

The City participates in the Urban County CDBG, HOME, ESG and HUD programs per an existing Agreement between the City and the County of Orange. The programs are available through the Housing and Community Development Act of 1974. The Act requires cities with populations of less than 50,000 to enter into a cooperative agreement with counties or the State in order for cities to be part of the Urban County CDBG, HOME, ESG and HUD programs.

Attached for reference is a copy of the:
• Original Cooperative Agreement (valid for FY 2006-2007 through 2008-2009); • Amendment No. One (valid for FY 2009-2010 through 2011-2012); • Amendment No. Two (valid for FY 2012-2013 through 2014-2015); • Amendment No. Three (valid for FY 2015-2016 through 2017-2018); • Amendment No. Four (valid for FY 2018-2019 through 2020-2021); • Amendment No. Five (valid for FY 2021-2022 through 2023-2024).

The current Cooperative Agreement allows for an automatic three-year extension if agreed to by the City and County of Orange. However, in order to formalize participation in the program, the County is requesting that each of the participating cities sign an amendment, which would extend the life of the Cooperative Agreement through FY 2026-2027.

FISCAL IMPACT:

In order for the City to continue participation in the Urban County Programs for FY 2024-2025 through 2026-2027, it is necessary to extend the existing Cooperative Agreement with the County of Orange. Amendment No. Six would allow for continued County of Orange administration of the CDBG, HOME, ESG and HUD programs with the same level of service received in prior years.

ENVIRONMENTAL IMPACT:

Public notification provided through the regular agenda process.

STRATEGIC PLAN OBJECTIVES ADDRESSED:

Obj. No. 2: Promote a strong local economy.

Obj. No. 3: Promote a quality infrastructure.

Obj. No. 4: Ensure fiscal stability and efficiency in governance.

Prepared by: Patricia A. Vazquez, City Clerk
Approved by: Hannah Shin-Heydorn, City Manager
Attachment:

A. Resolution No. 2023-11
B. Amendment Six to Cooperative Agreement
(valid for FY 2024-2025 through 2026-2027)
C. Amendment Five to Cooperative Agreement
(valid for FY 2021-2022 through 2023-2024)
D. Amendment Four to Cooperative Agreement
(valid for FY 2018-2019 through 2020-2021)
E. Amendment Three to Cooperative Agreement
(valid for FY 2015-2016 through 2017-2018)
F. Amendment Two to Cooperative Agreement
(valid for FY 2012-2013 through 2014-2015)
G. Amendment One to Cooperative Agreement
(valid for FY 2009-2010 through 2011-2012)
H. Cooperative Agreement
(valid for FY 2006-2007 through 2008-2009)
RESOLUTION NO. 2023-11

Page 1 of 2 ends

RESOLUTION NO. 2023-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, APPROVING AND ACCEPTING A COMMUNITY DEVELOPMENT

BLOCK GRANT, HOME INVESTMENT PARTNERSHIP AND EMERGENCY

SOLUTIONS GRANT PROGRAMS COOPERATION AGREEMENT AMENDMENT NO. SIX
WHEREAS, the County of Orange, a political subdivision of the State of California, (“County”) and CITY OF STANTON, a municipal corporation, (“City”), executed that certain COOPERATION AGREEMENT “Small-City” (hereinafter “Original Agreement” or “Agreement”) for commencement July 1, 2005, relating to Community Development Block Grants (CDBG), HOME Investment partnership (HOME) and Emergency Solutions Grant programs (ESG); and
WHEREAS, the original Agreement has been previously amended five times, with Amendment One (valid for fiscal years 2009-2010 through 2011-2012), Amendment Two (valid for fiscal years 2012-2013 through 2014-2015), Amendment Three (valid for fiscal years 2015-2016 through 2017-2018), Amendment Four (valid for fiscal years 2018-2019 through 2020-2021), and Amendment Five (valid for fiscal years 2021-2022 through 2023-2024); and
WHEREAS, U.S. Department of Housing and Urban Development (“HUD”) Notice CPD 14-07 allows “automatic” renewals for up to three years provided that County sends a letter to City notifying it that the original Agreement will be renewed, and unless City notifies County that it wishes to terminate the agreement and a copy of such a letter is provide to HUD; and
WHEREAS, County sent City a letter notifying City of such renewal on May 16, 2023; and
WHEREAS, City did not advise County that it wished to terminate the original Agreement with County; and
WHEREAS, the Parties desire to further amend the original Agreement at this time in the manner as set forth in Amendment Number Six (hereinafter “Amendment Six”), attached hereto as Exhibit A, to be effective as of July 1, 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: The City Council finds that this project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where is can be seen with certainty Attachment: A
Click here to return to the agenda.

RESOLUTION NO. 2017-13

Page 2 of 2 ends

that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Clerk shall be the custodian of record for the documentation supporting this action.

SECTION 2: The Council approves Amendment Number Six as set out in full in Exhibit A hereto, and directs the City Manager to execute the amendment and take the necessary steps to implement and carry out the terms of the agreement as amended.

SECTION 3: The City Clerk shall certify as to the adoption of this Resolution.

ADOPTED, SIGNED AND APPROVED this 23rd day of May, 2023.

DAVID J. SHAWVER, MAYOR
APPROVED AS TO FORM:

HONGDAO NGUYEN, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-11 has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the Stanton City Council, held on May 23, 2023, and that the same was adopted, signed and approved by the following vote to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

PATRICIA A. VAZQUEZ, CITY CLERK

AMENDMENT SIX TO

COOPERATION AGREEMENT BETWEEN

THE COUNTY OF ORANGE
AND

CITY OF
This Amendment Number SIX (hereinafter “Amendment SIX”) is made and entered into by the County of Orange, a political subdivision of the State of California, (“COUNTY”) and CITY OF , a municipal corporation, (“CITY”), UEI Number which are sometimes individually referred to as “Party” or collectively referred to as “Parties”, and is effective as of July 1, 2024, hereinafter referred to as “EFFECTIVE DATE”.

WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT “Small-City” (hereinafter, as amended, “Original Agreement” or “Agreement”) for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July 1, 2012; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective as of July 1, 2015; and
WHEREAS, the Original Agreement was amended by Amendment FOUR, effective as of July 1, 2018; and
WHEREAS, the Original Agreement was amended by Amendment FIVE, effective as of July 1, 2021; and
WHEREAS, U.S. Department of Housing and Urban Development (“HUD”) Notice CPD-23-02 allows “automatic” renewals for up to three years provided that COUNTY sends a letter to CITY notifying it that the Original Agreement will be renewed unless CITY notifies COUNTY that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; and
WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on May 2, 2023; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; and
WHEREAS, the Parties agree to further amend the Original Agreement at this time in the manner set forth herein.

Page 1 of 5 ends

Attachment: B
Click here to return to the agenda.

Page 2 of 5 ends

NOW, THEREFORE, the Parties hereby agree as follows:

I. Modifications to the Original Agreement

1. Section 2 of the Original Agreement is amended in its entirety as follows:
“COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program funds appropriated for Fiscal Years 2024-2025, 2025-2026 and 2026-2027 and from any program income generated from the expenditure of such funds.”

2. Section 9 of the Original Agreement shall read as amended in its entirety as follows:
“This Agreement shall cover Fiscal Years 2024-2025, 2025-2026 and 2026- 2027, respectively of CDBG, HOME and ESG program applications, including any subsequent Supplemental sources (Paragraph 23 of the Agreement).

In no event shall this agreement be terminated by either Party before June 30, 2027, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.

This Agreement remains in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received (with respect to activities carried out during the three-year qualification period, and any successive qualification periods under agreements that provide for automatic renewal) are expended and the funded activities completed, and the COUNTY and CITY cannot terminate or withdraw from this Agreement while it remains in effect.”

3. Section 10 shall be added to Agreement to read:
“In accordance with HUD Notice CPD 23-03, and subsequent CPD Notices, this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2024 to June 30, 2027) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. A copy of the notice must be sent to HUD Field Office. COUNTY shall notify CITY in writing of its right not to participate any longer than the date specified in HUD’s Urban County Qualification Notice for the next qualification period.”

4. Section 11 of the Original Agreement is amended to read:
“CITY and COUNTY agree to adopt amendments (s) to this Agreement as may be required by HUD to meet any new Urban County Qualification

Page 3 of 5 ends

requirement(s) subsequent to June 30, 2024 and to submit such amendments to HUD. The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, this automatic renewal provision herein will be void.”

5. Section 14 of the Original Agreement is amended to add subsection (d) as follows:
“d. May receive a formula allocation under the ESG Program only through the Urban County.”

6. Section 24 of the Original Agreement is amended to read:
“CITY may void this Agreement only if it submits to COUNTY on or before July 21, 2023 the notification from HUD that CITY has qualified as a “Metropolitan City” or an “Entitlement City” prior to the completion of the re-qualification process for Fiscal Years 2024-25, 2025-2026, and 2026- 2027. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County Program as a “Metropolitan City” or become an “Entitlement City” as a separate entity.”
II. Additional Agreements

1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities.

2. The COUNTY and the CITY shall take all actions necessary to assure compliance with the COUNTY’S certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing as required under See 24 CFR 91.225(a) and 5.105(a). The Parties shall comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws. The Parties agree that no urban county funding will be used for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY’S actions to comply with the COUNTY’S fair housing certification. The Parties acknowledge and agree that noncompliance by a unit of general local government included in an urban county may constitute noncompliance by the grantee (i.e., the urban 14 county) that

Page 4 of 5 ends

can, in turn, provide cause for funding sanctions or other remedial actions by the Department.

3. The CITY, and all other applicable units of general local government, may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchange for any other funds, credits or nonFederal considerations, but must use such funds for activities eligible under title I of the Act.

All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Amendment SIX, remain unchanged and in full force and effect.

IN WITNESS WHEREOF, CITY has caused this Amendment SIX to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment SIX to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.

ATTEST:

City of __, a municipal
Corporation in the State of California
By: By:

Name: Name:

Title: City Manager Title: City Clerk
Date: Date:

Page 5 of 5 ends

COUNTY OF ORANGE, a political
subdivision of the State of California
By:

Dylan Wright, Director
Orange County Community Resources
Date: ________________
////////////////////////////////////////////////////////////////////////////////////////////

ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT:
“The terms and provisions of the agreement are fully authorized under State and local law and the agreement provides full legal authority for the County.” By: Deputy County Counsel Date:

Attachment: HUD 424-B
DocuSlgn Envelope ID: 9F4728CC-356A-4269-A6AC-632235B45029

AMENDMENT FIVE TO

COOPERATION AGREEMENT BETWEEN

THE COUNTY OF ORANGE
AND

CITY OF STANTON
Attachment J
ORIGlNAL
This Amendment Number FIVE (hereinafter "Amendment FIVE") is made and entered into by the County of Orange, a political subdivision of the State of California, ("COUNTY") and CITY OF STANTON, a municipal corporation, ("CITY"), DUNS Number 096892401 which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2021, hereinafter referred to as "EFFECTIVE DATE".

WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT "Small-City" (hereinafter, as amended, "Original Agreement" or "Agreement") for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July 1, 2012; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective as of July 1, 2015; and
WHEREAS, the Original Agreement was amended by Amendment FOUR, effective as of July 1, 2018; and
WHEREAS, U.S. Department of Housing and Urban Development ("HUD") Notice CPD-20-03 allows "automatic" renewals for up to three years provided that COUNTY sends a letter to CITY notifying it that the Original Agreement will be renewed unless CITY notifies COUNTY that It wishes to terminate the agreement and a copy of such a letter is provided to HUD; and
WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on April 17, 2020; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; and
WHEREAS, the Parties agree to further amend the Original Agreement at this time in the manner set forth herein.

NOW, THEREFORE, the Parties hereby agree as follows:

Page I of6
PAGE 1 016
Attachment: C
Click here to return to the agenda.

DocuSlgn Envelope ID: 9F4728CC-356A-4269-A6AC-632235B45029 I. Modifications to the Original Agreement
Attachment J

1. Section 2 of the Original Agreement Is amended in its entirety as follows:
"COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program funds appropriated for Fiscal Years 2021-2022, 2022-2023 and 2023-2024 and from any program income generated from the expenditure of such funds."

2. Section 6 of the Original Agreement shall be amended to add subsection (c.) as follows:
"c. A policy to undertake or assist in undertaking, community renewal and lower-income housing assistance activities."

3. Section 9 of the Original Agreement shall read as amended in its entirety as follows:
"This Agreement shall cover Fiscal Years 2021-2022, 2022-2023 and 2023- 2024, respectively of CDBG, HOME and ESG program applications, Including any subsequent Supplemental sources (Paragraph 23 of the Agreement).

In no event shall this agreement be terminated by either Party before June 30, 2024, except as allowed In legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.

4. Section 10 shall be added to Agreement to read:
"In accordance with HUD Notice CPD 20-03, and subsequent CPD Notices, this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2024 to June 30, 2027) unless COUNTY or CITY provides written notice that it elects not to participate In a new qualification period. A copy of the notice must be sent to HUD Field Office. COUNTY shall notify CITY in writing of its right not to participate any longer than the date specified In HUD's Urban County Qualification Notice for the next qualification period."

5. Section 11 of the Original Agreement Is amended to read:

Page2 of6
DocuSlgn Envelope ID: 9F4728CC-356A-4269-A6AC-632235B45029 Attachment J
"CITY and COUNTY agree to adopt amendments (s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 30, 2021 and to submit such amendments to HUD. The COUNTY will notify CITY of Its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, this automatic renewal provision herein will be void."

6. Section 14 of the Original Agreement Is amended to add subsection (d) as follows:
"d. May receive a formula allocation under the ESG Program only through the Urban County."

7. Section 24 of the Original Agreement is amended to read:
"CITY may void this Agreement only If it submits to COUNTY on or before June 2020 the notification from HUD that CITY has qualified as a "Metropolitan City" or an "Entitlement City" prior to the completion of the re-qualification process for Fiscal Years 2021-22, 2022-2023, and 2023- 2024. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written notification of its decision to either remain in the Urban County Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity."
II. Additional Agreements

1. The COUNTY and the CITY agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities.

2. The COUNTY and the CITY shall take all actions necessary to assure compliance with the COUNTY'S certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act and will affirmatively further fair housing as required under See 24 CFR 91.225(a) and 5.105(a). The Parties shall comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 of Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws. The Parties agree that no urban county funding will be used for activities in, or in support of, any cooperating unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the COUNTY'S actions to comply with the COUNTY'S fair housing certification. The Parties acknowledge and agree that noncompliance by a unit of general local government included in an urban county may constitute noncompliance by the grantee (i.e., the urban 14 county) that

Page 3 ends

s "
' ", (j
" PAGE 3 of 6 Orig1""
DocuSign Envelope ID: 9F4728CC-356A-4269-A6AC-632235B45029 Attachment J
can, in turn, provide cause for funding sanctions or other remedial actions by the Department,

4. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and Incorporated by this reference, to the extent they are not Inconsistent with this Amendment FIVE, remain unchanged and in full force and effect.

Page 4 ends

DocuSign Envelope ID: 9F4728CC-356A-4269-A6AC-632235845029 IN WITNESS WHEREOF, CITY has caused this Amendment FIVE to be executed by its City Manager and attested by Its City Clerk; COUNTY has caused this Amendment FIVE to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.

City of_,._,...,.,_""'"'c___, a municipal
State of California
By: _--;z;,,,,__-::1-�,----
Name:

Title: City Manager
Date: 4 · 1,. 4. • "2-c9 UJ
ATTEST:

Title: City Clerk
Date: ,12 ii; gf).:2'D
COUNTY OF ORANGE, a political
subdi 1s1l'fl\"5/Jl'"t�e
.

State of California
By: JiJ.i� f;)ip,,w�
Dylan Wright, Director
Orange County Community Resources
Date: 8/6/2020

Page 5 ends

DocuSign Envelope ID: 9F4728CC-356A-4269-A6AC-632235B45029 Attachment J
//I///II/////II///////////I////I/II/II//III///I///I//I///I//I///I///II///II///I/////I///I///

ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT:
"The terms and provisions of the agreement are fully authorized under State and local l�::=j,
ment provides full legal authority for the County."
D
�74000D)1EE664q7 C I D t 6/25/2020 By: epucy 1..ouncy ounse a e:

Page 6 ends

MODIFIEDA MENDMENTFOURTO

COOPERATION AGREEMENT BETWEEN

THE COUNTY OF ORANGE
AND

CITY OF STANTON

ORIGINAL
This Amendment Number FOUR (hereinafter "Amendment FOUR") is made and entered into by the County of Orange, a political subdivision of the State of California, ("COUNTY"} and CITY OF STANTON, a municipal corporation, ("CITY"}, DUNS Number 096892401 which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2018, hereinafter referred to as "EFFECTIVE DATE".

WHEREAS, COUNTY and CITY executed that certain COOPERATION AGREEMENT "Small-City" (hereinafter "Original Agreement" or "Agreement") for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment ONE, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as of July 1 2012; and
WHEREAS, the Original Agreement was amended by Amendment THREE, effective as of July 1, 2015; and
WHEREAS, U.S. Department of Housing and Urban Development ("HUD") Notice CPD-14-07 allows "automatic" renewals for up to three years provided that COUNTY sends a letter to CITY notifying it that the Original Agreement will be renewed unless CITY notifies COUNTY that it wishes to terminate the agreement and a copy of such a letter is provided to HUD; and
WHEREAS, COUNTY sent CITY a letter notifying CITY of such renewal on February 2, 2017; and
WHEREAS, CITY did not advise COUNTY that it wished to terminate the Original Agreement with County; and
WHEREAS, the Parties desire to further amend the Original Agreement at this time in the manner set forth herein.

NOW, THEREFORE, the Parties hereby agree to the following modifications to the Original Agreement:

1. Section 2 of the Original Agreement is amended in its entirety as follows:

Page I of5
Attachment: D
Click here to return to the agenda.
"COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program funds appropriated for Federal Fiscal Years 2018-2019, 2019-2020 and 2020-2021 and from any program income generated from the expenditure of such funds."

2. Section 6 of the Original Agreement shall be amended to add subsection ( c.) as follows:
"c. A policy to undertake or assist in undertaking, community renewal and lower-income housing assistance activities."

3. Section 9 of the Original Agreement shall read as amended in its entirety as follows:

This Agreement shall cover Fiscal Years 2018-2019, 2019-2020 and 2020- 2021, respectively of CDBG, HOME and ESG program applications, including any subsequent Supplemental sources (Paragraph 23 of the Agreement).

In no event shall this agreement be terminated by either Party before June 30, 2021, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.

4. Section 10 shall be added to Agreement to rea.d:
"In accordance with HUD Notice CPD 14-07, and subsequent CPD Notices, this Agreement will be automatically extended for an additional 3 (three) year period (July 1, 2021 to June 30, 2024) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. COUNTY shall notify CITY in writing of its right not to participate any longer than the date specified in HUD's Urban County Qualification Notice for the next qualification period."

5. Section 11. Of the Original Agreement is amended to read:
"CITY and COUNTY agree to adopt amendments (s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 30, 2020. The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, this automatic renewal provision herein will be void."

6. Section 24. Is amended to read:
"CITY may void this Agreement only if it submits to COUNTY on or before June 2017 the notification from HUD that CITY has qualified as a "Metropolitan City" or an "Entitlement City" prior to the completion of the

Page 2 ends

ORIGINAL
re-qualification process for Fiscal Years 2018-19, 2019-2020, and 2020- 2021. Upon such notification by HUD, CITY also must submit to COUNTY and HUD written ·notification of its decision to either remain in the Urban County Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity."

7. Section 25 shall be added to the Agreement to read:

Per HUD Published Notice CPD-17-03, "A unit of general local government may not sell, trade, or otherwise transfer all or any portion of such funds to a metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG funds in exchclnge for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended.

8. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are not inconsistent with this Agreement, ·remain unchanged and in full force and effect.

IN WITNESS WHEREOF, CITY has caused this Amendment FOUR to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment FOUR to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.
ton, a municipal
Cor
By: __:::::;��=t---s��L..

Name: JaMe,s A. ?,Of.

Title: CI anager
Date: 09/2,/2017,
ATTEST:
rnia
Name.

Title: City Clerk
Date: __ · .,,0_,_'1<-'/4,_rwlz""t1'-'-�-'-?::-----

Page 3 ends

COUNTY OF ORANGE, a political
By: ��l:'!,,J.�:li.l'J.MW:��
Dylan
Orange County Community Resources
Date: q-l tl-1 T"

Page 4 ends

////////l////l////////////////l//////l///////l!!///l//////////////l//////l////!l//l/!ll/!I//

ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT:
"The terms and provisions of the agreement are fully authorized under State and local law and the agreement provides full legal authority for the County." By: �t*ntc�� Date: OC,/;;_;/;7

Page 5 ends

RESOLUTION NO. 2017-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA,

APPROVING AND ACCEPTING A COMMUNITY DEVELOPMENT BLOCK GRANT, HOME

INVESTMENT PARTNERSHIP AND EMERGENCY SOLUTIONS GRANT PROGRAMS COOPERATION AGREEMENT AMENDMENT NO. 4
WHEREAS, the County of Orange, a political subdivision of the State of California, ("County") and CITY OF STANTON, a municipal corporation, ("City"), executed that certain COOPERATION AGREEMENT "Small-City" (hereinafter "Original Agreement" or "Agreement") for commencement July 1, 2005, relating to Community Development Block Grants (CDBG), HOME Investment partnership (HOME) and Emergency Solutions Grant programs (ESG); and WHEREAS, the original Agreement has been previously amended three times, with Amendment One to the Agreement (valid for fiscal years 2009-2010 through 2011-2012), Amendment Two to the Agreement (valid for fiscal years 2012-2013 through 2014-2015), and Amendment Three (valid for fiscal years 2015-2016 through 2017-2018); and WHEREAS, U.S. Department of Housing and Urban Development ("HUD") Notice CPD 14-07 allows "automatic" renewals for up to three years provided that County sends a letter to City notifying it that the original Agreement will be renewed, and unless City notifies County that it wishes to terminate the agreement and a copy of such a letter is provide to HUD; and WHEREAS, County sent City a letter notifying City of such renewal on May 2, 2017; and WHEREAS, City did not advise County that it wished to terminate the original Agreement with County; and
WHEREAS, the Parties desire to further amend the original Agreement at this time in the manner as set forth in Amendment Number Four (hereinafter "Amendment Four"), attached hereto as Exhibit A, to be effective as of July 1, 2018.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1: The City Council finds that this project is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061 (b)(3) as the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing significant effect on the environment. Where is can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Clerk shall be the custodian of record for the documentation supporting this action.

SECTION 2: The Council approves Amendment Number Four as set out in full in Exhibit A hereto, and directs the City Manager and Community Development Director to execute the amendment and take the necessary steps to implement and carry out the terms of the agreement as amended.

RESOLUTION NO. 2017-13

Page 1 of 2 ends

SECTION 3: The City Clerk shall certify as to the adoption of this Resolution.

ADOPTED, SIGNED AND APPROVED this 16th day of May, 2017.

CAROL WARREN, MAYOR
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON, CITY ATTORNEY
ATTEST:

I, Patricia A. Vazquez, City Clerk of the City of Stanton, California DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2017-13 has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the Stanton City Council, held on May 16, 2017, and that the same was adopted, signed and approved by the following vote to wit:

AYES: Donahue, Ethans, Ramirez, Shawver, Warren
NOES: _,_,N'-"o'--'-ne"-------------------------
ABSENT: -'--'N:.:::o.:..:.ne-=------------------------
ABSTAIN: _,_,N'-"o'--'-ne"--------------------------
RESOLUTION NO. 2017-13

Page 2 of 2 ends

AMENDMENT THREE TO

COOPERATION AGREEMENT BETWEEN

THE COUNTY OF ORANGE
AND

CITY OF STANTON
This Amendment Number THREE (hereinafter "Amendment THREE") is made and entered into by the County of Orange, a political subdivision of the State of Callfornla, ("County") and CITY OF STANTON, a municipal corporation, ("City"), which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and Is effective as of July 1, 2015, hereinafter referred to as "EFFECTIVE DATE".

WHEREAS, County and City executed that certain COOPERATION AGREEMENT "Small-City" (hereinafter "Original Agreement" or "Agreement") for commencement July 1, 2005; and
WHEREAS, the Original Agreement was amended by Amendment One, effective as of July 16, 2008; and
WHEREAS, the Original Agreement was amended by Amendment TWO, effective as \ of July 1 2012; and
WHEREAS, U.S. Department of Housing and Urban Development ("HUD") Notice CPD-14-07 allows "automatic" renewals for up to three years provided that County sends a letter to City notifying it that the Original Agreement wlll be renewed unless City notifies County that it wishes to terminate the agreement and a copy of such a letter is provided to HUD;
WHEREAS, County sent City a letter notifying City of such renewal on February 25, 2014;
WHEREAS, City did not advise County that It wished to terminate the Original Agreement with County;
WHEREAS, the Parties desire to further amend the Original Agreement at this time in the manner set forth herein.

NOW, THEREFORE, the Parties hereby agree to the following modifications to the Original Agreement:

1. Section 2 of the Original Agreement is amended In its entirety as follows:

COUNTY shall have the authority to carry out activities, which will be funded from annual Community Development Block Grant (CDBG), Home Page I of4
Attachment: E
Click here to return to the agenda.

Investment Partnership (HOME) and Emergency Solutions Grant (ESG) Program funds appropriated for Federal Fiscal Years 2015-2016, 2016- 2017 and 2017-2018 and from any program income generated from the expenditure of such funds.

2. Section 6 of the Original Agreement shall be amended to add subsection (c.) as follows:
c. A policy to undertake or assist in undertaking, community renewal and lower-income housing assistance activities.

3. Section 9 of the Original Agreement shall read as amended in its entirety as follows:

This Agreement shall cover Fiscal Years 2015-2016, 2016-2017 and 2017- 2018, respectively of CDBG, HOME and ESG program applications, including any subsequent Supplemental sources (Paragraph 23 of the Agreement). In no event shall this agreement be terminated by either party before June 30, 2018, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.

4. Section 10 shall be added to Agreement to read:

In accordance with HUD Notice CPD 14-07, and subsequent CPD Notices, this Agreement will be automatically extended for an additional three (3) year period (July 1, 2018 to June 30, 2021) unless COUNTY or CITY provides written notice that It elects nqt to participate in a new qualification period. COUNTY shall notify CITY in writing of its right not to participate any longer than the date specified In HUD's Urban County Qualification Notice for the next qualification period,

5. Section 11. Of the original Agreement is amended to read "CITY and COUNTY agree to adopt amendments (s) to this agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 30, 2017. The COUNTY will notify CITY of Its right to terminate its participation in the program based on the adoption of any such amendment. If either CITY or COUNTY refuses to adopt any such amendment, this automatic renewal provision herein will be void"

6. Section 24. Is amended to read "City may void this agreement only if It submits to County on or before June 2014 the notification from HUD that City has qualified as a "Metropolitan City" or an "Entitlement City" prior to the completion of the re-qualification process for Fiscal Years 2015-16, 2016-2017, and 2017-2018. Upon such notification by HUD, CilY also must submit to COUNTY and HUD written notification of its decision to either remain In the Urban County Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity.

Page 2 of 4 ends

7. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and Incorporated by this reference, to the extent they are not inconsistent with this Agreement, remain unchanged and In full force and effect.

IN WITNESS WHEREOF, CITY has caused this Amendment THREE to be executed by Its City Manager and attested by its City Cieri<; COUNTY has caused this Amendment THREE to be executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.

City of Stanton, a municipal
Car. orat,
Title: City Manager
Date: DC.hi/201'(
ATTEST:

Title: City Clerk
Date: OwP/ /z.oN
COUNTY OF ORANGE, a political
Page3of4
///I///I////I//II//I//I/I/II//I///I///I//I/I//I////////////////////////////I///////I//////I/

Page 4 ends

AMENDMENT TWO TO

COOPERATION AGREEMENT BETWEEN

THE COUNTY OF ORANGE
AND
CITY OF STANTON (Small City)
This Amendment Number TWO (hereinafter "Amendment TWO") is made and entered into by the County of Orange, a political subdivision of the State of California, ("County") and CITY OF STANTON, a municipal corporation, ("City"), which are sometimes individually referred to as "Party" or collectively referred to as "Parties", and is effective as of July 1, 2012, hereinafter referred to as "EFFECTIVE DATE".

WHEREAS, County and City executed that certain COOPERATION AGREEMENT "SmallCity" (hereinafter "Original Agreement" or "Agreement") for commencement July 1, 2005; and
WHEREAS, .the Original Agreement was amended by Amendment One, effective as of July 16, 2008; and
WHEREAS, U.S. Department of Housing and Urban Development ("HUD") Notice CPD-11- 02 allows "automatic" renewals for up to three years provided that County sends a letter to City notifying it that the Original Agreement will be renewed unless City notifies County that it wishes to terminate the agreement and a copy of such a letter is provide to HUD; WHEREAS, County sent City a letter notifying City of such renewal on March 25, 2011; WHEREAS, City did not advise County that it wished to terminate the Original Agreement with County;
WHEREAS, the Parties desire to further amend the Original Agreement at this time in the manner set forth herein.

NOW, THEREFORE, the Parties hereby agree to the following modifications to the Original Agreement:

1. Section 2 of the Original Agreement ·is amended in its entirety as follows:

COUNTY shall have the authority to carry out activities, which will be .funded from annual Community Development Block Grant (CDBG), Home Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Program funds appropriated for Federal Fiscal Years 2012-2013, 2013-2014 and 2014-2015 and from any program income generated from the expenditure of such funds.

2. Section 9 of the Original Agreement shall read as amended in its entirety as follows:

This Agreement shall cover Fiscal Years 2012-2013, 2013-2014 and 2014-2015, respectively of CDBG, HOME and ESG program applications, including any subsequent Supplemental sources (Paragraph 23 of the Agreement). In no event shall this agreement be terminated by either party before June 30, 2015, except as allowed in legislation enacted by the U.S. Congress for termination or withdrawal from the Urban County Program and as permitted by HUD.

Page I of4
Attachment: F
Click here to return to the agenda.

3. Section 10 shall be added to Agreement to read:

I.n accordance with HUD Notice CPD 11-02, and subsequent CPD ·Notices, this Agreement will be automatically extended for an additional three (3) year period (July 1, 2015 to June 30, 2018) unless COUNTY or CITY provides written notice that it elects not to participate in a new qualification period. COUNTY shall notify CITY in writing of its right not to participate any longer than the date specified in HUD's Urban County Qualification Notice for the next qualification period. ·

4. Section 11 of the original Agreement is amended to read "CITY and COUNTY agree to adopt amendments (s) to this agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) subsequent to June 30, 2014. The COUNTY will notify CITY of its right to terminate its participation in the program based on the adoption of any such amendment: If eithe'r CITY or COUNTY refuses to adopt any such amendment, this automatic renewal. provision herein will be void".

5. Section 24 is amended to read "City may void this agreement only if it submits to · County on or before May 28, 2011 the notification from HUD that City has qualified as a "Metropolitan City" or an "Entitlement City" p,ior to the completion of the re-qualification process for Fiscal Years 2012-13, 2013-2014, and 2014- 2015. Upon such notification by HUD, CITY also must submit to COUNTY and.

HUD written notification of its decision to either remain in the Urba'n County Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity. · •

6. All other provisions of the Original Agreement, as amended, a copy of which is attached hereto as Exhibit A and incorporated by this reference, to the extent they are ·not inconsistent with this Agreement, remain unchanged and in full force and .effect.

Page 2 ends

IN WITNESS WHEREOF, CITY has caused this Amendment TWO to be executed by its City Manager and attested by its City Clerk; COUNTY has caused this Amendment TWO to be . executed by the Director of the Orange County Community Resources; each having been duly authorized by the CITY Council and the COUNTY Board of Supervisors, respectively.

City of s :hH'\i'tv-\ , a municipal
Corporation in the State of California
By:

Name:

Ukt,Li
u:ttO\
�
JQ..Wl?J'
Title: Ct� yY\antt.�ev
Date: 4 / 1--7 [ fl
ATTEST:

By: Bc.u&a__ <lf--<---
Na me: ryb'\J_o.. &--een
Title: City Clerk
Date: ,.t(-z__ 1 I i \
COUNTY OF ORANGE, a political
Orange County Communitr Resources
Date: ::J�/)--1
/////ll!!/l///l//l//l!J///J//////I//J/////////////IJJ////////I//IJJJ///////////IJJ///////////JI///////

Page 3 of 4 ends

AMENDMENT ONE TO

COOPERATION AGREEMENT BETWEEN

THE COUNTY OF ORANGE
AND

CITY OF STANTON
This Amendment Number One (hereinafter "Amendment One") 1s made and entered into by the County of Orange, a political subd1v1s10n of the State ofCahforma, ("County") and CITY OF STANTON, a mumc1pal corporat10n, ("City"), which are <nmetlmes ind1v1dually referred to as "Party" or collect1vely referred to as "Parties", and ,s effective as of ,July Ip , 2008, heremafter referred to as "EFFECTIVE DATE" WHEREAS, County and Ctty executed that certam COOPERATION AGREEMENT "Small-City" (hereinafter "Ongmal Agreement" or "Agreement") for commencement July \, 2005, and WHEREAS, US Department of Housmg and Urban Development ("HUD") Notice CPD-08-04 allows "automatic" renewals for up to three years provided that County sends a letter to City not1fying 1t that the Ongmal Agreement will be renewed unless City notifies County that tt wishes to terminate the agreement and a copy of such a letter 1s provide to HUD,
WHEREAS, County sent City a letter notifying Ctty of such renewal on MAY 2, 2008, WHEREAS, City did not advise County that 1t wished to terminate the Ongmal Agreement with County, WHEREAS, Sect10n IO of the Onginal Agreement allows for an add1t10nal three year extens10n of said Agreement upon mutual agreement of both Parties, and
WHEREAS, the Parties destre to amend the Onginal Agreement at thts time in the manner set forth herein, NOW, THEREFORE, the Parties hereby agree to the following mod1ficat1ons to the Onginal Agreement \ Section 9 of the Onginal Agreement shall read, as amended, m ,ts entirety as follows This Agreement shall cover Program Years 35, 36 and 37 (Fiscal Years 2009-20 I 0, 20I0-2011 and 2011-2012, respectively) of CDBG and HOME program applications, mcluding any subsequent Supplemental sources (Paragraph 23 below) In no event shall thts agreement be terminated by either party before June 30, 2012, except as allowed in leg1slat10n enacted by the U S Congress for termmatlon or withdrawal from the Urban County Program and as perrmtted by HUD
2 Sect10n IO of the Onginal Agreement shall be deleted m its entirety 3 All other prov1s1ons of the Onginal Contract, a copy of which 1s attached hereto as Exh1b1t A and incorporated by this reference, and any prev10us amendments, to the extent they are not inconsistent with this Amendment, remam unchanged and m full force and effect
Page I of3
Attachment: G
Click here to return to the agenda.

IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by tis City Manager and attested by its City Clerk, COUNTY has caused this Agreement to be executed by the Dtrector of the Orange County Commumty Resources, each havmg been duly authonzed by the CITY Council and the COUNTY Board of Supervisors, respectively City of Stanton, a 1c1pal
Corporat10n m the t e.cl:.Cahfo
By ____ --=-1,..:..-------,;_....,,=-
Name
Title City Manager
Date S - I S--o3
ATTEh By Ml@�
Name Brenda Green
Title City Clerk
Date S::: - I 5"' -di?
COUNTY OF ORANGE, a pohtical
::

M
r:z;;;,:�•hf=,o
Steve Franks, Dtrector
Orange County Commumff
Resources
Date -"J - { 0 -<) 'b_
l//l//!/lll!!/llllll///////////l//////ll!!ll!!lll/ll!I////I/////J/l!llllll//l/l//l/l//!ll//l//////l/ll///!/l/l///////!/l//l!/l/!l/!//l//!/I//

ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT "The terms and provlSlons of the agreement are fully authonzed under State and local law and the agreement provides full legal authonty for the County "

Page 2 ends

ATTACHMENT A
Cooperation Agreement "Small-City"
(This page mtent1onally left blank)

Page 3 ends

2 3
4 5
6 7
8 COOPERATION AGREEMENT
THIS AGREEMENT 1s entered mto this f: Ir$ f day of_-,/�'+-�"--',.,,c'. ______ ,d CJ0S

BY AND BETWEEN (/
9 CITY OF Stanton, a mumc1pal
10 C�rporat10n, heremafter referred to as CITY,
II AND
12 COUNTY OF ORANGE, a political
13 subd1v1s10n of the State of California and
14 recogmzed Urban County under the Federal
15 Housmg and Commumty Development Act
16 of 1974 (Pubhc Law 93-383), as amended,
17 heremafter referred to as "COUNTY"
18 19 RECITALS
20 WHEREAS, Title I of the Housmg and Community Development Act of 1974 (Public 21 Law 93-383), as amended, heremafter referred to as ACT, makes available to the COUNTY as an 22 Urban County, and to cities under 50,000 m populat10n, grants through the Commumty 23 Development Block Grant Progrmn (heremafter referred to as "CDBG"), and the HOME 24 Investment Partnership Progrmu (heremafter referred to as "HOME"), and any subsequent Umted 25 States Department of Housmg and Urban Development (heremafter referred to as "HUD") 26 Progrmn which may become available to the COUNTY to be used for ehg1ble housmg and 27 commumty development actJv1tJes, and
28 WHEREAS, the ACT reqmres such cities and the COUNTY to enter mto cooperation 29 agreements m order for the c1t1es to be mcluded as part of the Urban County CDBG and HOME 30 Progrmns, and
31 WHEREAS, the COUNTY and CITY des1Te to cooperate to undertake, or assist m 32 undertakmg, commumty development and lower mcome housmg assistance actlv1tles, which 33 might mclude, but are not hm1ted to, (I) acqms1t10n of property for d1spos1tion for pnvate reuse, 34 especially for low- and moderate-mcome housmg, (2) d1Tect rehab1litat10n of or financial 2006 2008 Urban County Small City Agreement revised May 18 200-'\ assistance to housmg, (3) low rent housmg actlv1tles, (4) d1spos1t10n of land to pnvate developers 2 for appropnate redevelopment, and (5) condemnat10n of property for low mcome housmg 3 NOW, THEREFORE, the parties agree as follows
4 This Agreement shall constltute a cooperallon agreement between the parties 5 w1thm the meanmg of Sectlon 102 (a)(b) of the ACT The parties agree to cooperate to 6 undertake, or assist m undertakmg, actlv1tles which might mclude, but are not hm1ted to, (I) 7 acqms1tlon of property for d1spos1t10n for pnvate reuse, especially for low- and moderate-mcome 8 housmg, (2) direct rehab1htation of or financial assistance to housmg, (3) low rent housmg 9 achv1tles, (4) d1spos1t10n of land to pnvate developers for appropnate redevelopment, and (5) 10 condemnation of property for low mcome housmg-commumty 11 2 COUNTY shall have the authority to carry out actlv1t1es, which will be funded 12 from annual CDBG or HOME Program funds appropnated for Federal Fiscal Years 2006-2007, 13 2007-2008, and 2008-2009 and from any program mcome generated from the expenditure of such 14 funds
15 3 COUNTY shall have final respons1b1hty for selectmg actlv1tles and annually fihng 16 the grant applicatlon (1 e Annual Ac!lon Plan) with HUD In the preparat10n of said applica!lon, 17 COUNTY shall give due cons1derat10n to CITY's analysis of commumty development needs and 18 proposed actlv1t1es
19 4 COUNTY certifies that 1t 1s followmg an adopted Consolidated Plan as reqmred by 20 24 CFR Part 91 and 24 CFR Part 570 306
21 5 Smee HUD will not accept an Agreement mcludmg a prov1s10n for veto or other 22 restnct10n which would allow any party to obstruct 1mplementat10n of the Consolidated Plan, 23 both COUNTY and CITY shall attempt to fulfill housmg goals established by the HUD approved 24 Consolidated Plan for the penod of this Agreement
25 6 CITY acknowledges that 1t has adopted and 1s enforcmg 26 a A pohcy proh1b1tmg the use of excessive force by law enforcement agencies 27 w1th111 ,ts JUnsd1ct10n agamst any 111d1v1duals engaged 111 non-v10lent civil nghts demonstrations, 28 and
29 b A policy of enforcmg applicable State and local laws agamst physically bamng 30 entrance to or exit from a facility or location which 1s the subject of such non-v10lent c1v1l nghts 31 demonstrations w1thm Junsd1ct10ns
2006-2008 Urhn Count} Small City Ag,rccment rcvbcd May 18 2005 2 7 COUNTY and CITY agree to take all act10ns necessary to ensure compliance with 2 the Urban County's cert1ficat1on reqmred by Section 104 (b) of Title I of the Housmg Commumty 3 Development Act of 197 4, as amended, mcludmg Title VI of the Civil Rights Act of 1964, the 4 Fau Housmg Act, Section 109 of Title I of the Housmg and Commumty Development Act of 5 1974, and other applicable laws Failure by CITY to comply with these prov1s10ns or to 6 affirmahvely further fau housmg w1thm its own JUnsd1ction or CITY action which impedes the 7 COUNTY's actions to comply with the COUNTY's fair housmg cert1fication, which may 8 cons!Itute noncompliance with the Urban County CDBG and HOME Programs, which may cause 9 fundmg sanctions or other remedial actions by HUD and/or COUNTY JO 8 In the event COUNTY's Urban County apphcat10n 1s approved by HUD, 11 COUNTY shall contract with the CITY to u!Ihze any such grant funds received from HUD which 12 are attnbutable to ac!Iv1!Jes admuustered by CITY, unless another form of allocat10n 1s reqmred 13 by HUD
14 9 This Agreement shall cover Program Years 32, 33 and 34 (Fiscal Years 2006- 15 2007, 2007-2008 and 2008-2009, respecl!vely) of CDBG and HOME program apphcal!ons, 16 mcludmg any subsequent Supplemental sources (Paragraph 23 below) In no event shall this 17 agreement be termmated by either party before June 30, 2009, except as allowed m leg1slat1011 18 enacted by the US Congress for termmat1011 or withdrawal from the Urban County Program and 19 as permitted by HUD
20 10 In accordance with HUD No!Jce CPD 05-01, this agreement will be automatically 21 extended for an add1l!onal three (3) year penod (1 e from July 1, 2009 to June 30, 2012) unless 22 COUNTY or CITY provides wntten notice that 1t elects not to part1c1pate m a new quahfica!Jon 23 penod COUNTY shall no!Ify CITY 111 wntmg of its nght not to participate no later than the date 24 specified 111 HUD's Urban County Quahfica!Ion Notice for the next quahficat1011 penod 25 11 CITY and COUNTY agree to adopt amendment(s) to this Agreement as may be 26 reqmred by HUD to meet any new Urban County Quahficat1011 reqmrement(s) subsequent to June 27 30, 2009 The COUNTY will notify CITY of its nght to termmate its part1c1pat1on 111 the program 28 based on the adoption of any such amendment If either CITY or COUNTY refuses to adopt any 29 such amendment, this automatic renewal prov1s1011 herem will be v01d 30 12 The ehg1ble achv1ties to be undertaken dunng the term of this Agreement will be 31 chosen by CITY from those authonzed by HUD Rules and Regulations govemmg the CDBG and 2006-2008 Urban Conni} 'imall Cil) Agreement revised May 18 2005 3 HOME Programs and any regulat10ns which may be applicable to future Supplemental Federal 2 Programs
3 13 The parties agree to comply with the reqmrement(s) of the CDBG and HOME 4 P10giams, mcludmg laws and policies apphcable to said Programs , 14 CITY acknowledges by Its execution of CDBG and HOME cooperat10n 6 agreement(s) the mcluded urnt of general local goverrnnent it 7 a May not apply for grants from appropnat10ns under the Small Cities or State 8 CDBG Programs for fiscal years durmg the penod m which it participates m the COUNTY'S 9 CDBG program and,
10 b May not participate m a HOME consortmm except through the Urban County, 11 regardless of whether the Urban County currently received a HOME formula allocat10n 12 c May not termmate or withdraw from the Cooperat10n Agreement while 1t 13 remams m effect until the CDBG and HOME funds and mcome received with respect to the 14 three-year qualification penod (and any successive quahficat10n penods under agreements that 15 provide for automatic renewals) are expended and the funded actJv1tJes completed 16 15 a CITY must mform COUNTY, through penodic reports requested by COUNTY, 17 of any mcome generated by the expenditure of Program funds received by the CITY Pursuant to 18 applicable federal reqmrements, such program mcome must be paid to the COUNTY CITY may 19 retam such program mcome only If agreed upon by COUNTY and used exclusively for eligible 20 activities as determmed by the COUNTY and m accordance with all CDBG and HOME Program 21 reqmrements as may then apply
22 b CITY shall keep and mamtam appropnate records on the use of program mcome 23 as reqmred by COUNTY as the COUNTY has the responsibility of morntormg and reportmg 24 program mcome to HUD
25 c In the event of close-out or change m status of CITY, any program mcome at that 26 lime or received subsequent to the close-out or change m status shall be paid by CITY to the 27 COUNTY w1thm mnety (90) days after the expirat10n of the term ofth1s Agreement 28 16 a Any proposed modificat10n or change of use of any real property acqmred or 29 improved m whole or m part by the CITY usmg CDBG funds (from the use planned at the time of 30 acqmsit10n or improvement), mcludmg d1spos1t10n, must be reported by CITY to the COUNTY 2006-2008 Urban Count} Small City Agreement retlsed Mav 18 2005 4 COUNTY may approve the proposed mod1ficat1on or change of use CITY shall not implement 2 the mod1ficat1on or change m use without COUNTY approval 3 b Should the d1spos1t1on, sale or transfer of such real property acqmred or 4 improved m whole or m part usmg CDBG or HOME Program funds result ma use which does not 5 qualify under CDBG or HOME Program regulations, the CITY shall reimburse COUNTY m the 6 amount equal to the then current fair market value of the property (less any port10n thereof 7 attnbutable to expenditure ofnon-CDBG/HOME funds)
8 c Any program mcome generated from the d1spos1lion, transfer or sale of such 9 property pnor to or subsequent to the close-out, change of status or terrmnalion of the cooperat10n 10 agreement between the COUNTY and CITY may be either used by CITY for other specific 11 eligible ac!Jv1t1es m the CITY or paid to the COUNTY for other eligible Urban County act1v1!Jes, 12 as determmed m advance of the expenditure at the d1scret10n of the COUNTY 13 17 a CITY shall mdemmfy, hold harmless, and defend with counsel approved m 14 wntmg by COUNTY, its officers, agents and employees agamst all liab1hty, claims, losses, 15 demands and actions for mJury to or death of persons or damage to property ansmg out of or 16 alleged to anse out of or m consequence of this Agreement mcludmg attorneys' fees, provided 17 such hab1hty, claims, demands, losses or aclions are due to the acts or 01111ss10ns of CITY, its 18 officers, agents or employees m the performance of this Agreement, mcludmg any ac!Jv1!Jes 19 conducted by CITY under its apphca!Jon
20 b In add1llon, CITY shall mdemmfy, defend with counsel approved m wntmg by 21 COUNTY, and hold harmless COUNTY agamst any liab1hty, claims, losses, demands, and act10ns 22 mcludmg attorneys' fees mcurred by COUNTY as a result of a determmat10n by HUD that 23 ac!Jv1!Jes undertaken by CITY under CITY's applicat10n failed to comply with any laws, 24 regula!Jons, or pohc1es applicable thereto or that any fnnds forwarded to CITY under this 25 Agreement were improperly expended
26 c The prov1s10ns of Sect10n 2778 of the California C1v1l Code, as said sect10n 27 exists on the effecllve date of this Agreement, shall be applicable to the above mdemmfica!Jon 28 prov1s10ns Transmittal to CITY of any pleadmgs served upon COUNTY shall be deemed to be a 29 request to defend
30 18 a COUNTY shall mdemmfy, hold harmless and defend with counsel approved 111 31 wntmg by CITY, its officers, agents and employees agamst all hab1lity, claims, losses, demands 2006-2008 Urban Count} Small Cit, Agreement re, ind 1\1•} 18 2005 5 and act10ns for mJury to or death of persons or damage to property ansmg out of or alleged to anse 2 out of or m consequence of this Agreement, provided such hab1hty, claims, demands, losses or 3 act10ns are due to the acts or om1ss10ns of COUNTY, its officers, agents or employees m the 4 performance of this Agreement, mcludmg my achv1ties conducted by COUNTY under its 5 applicat10n
6 b In addition, COUNTY shall mdemmfy, defend with counsel approved m 7 wntmg by CITY, and hold harmless CITY agamst my liability, claims, losses, demmds, and 8 act10ns mcludmg attorneys' fees mcurred by CITY as a result of a determmat10n by HUD that 9 activ1hes undertaken by COUNTY under COUNTY's applicat10n failed to comply with any laws, 10 regulations, or policies applicable thereto or that any funds forwarded lo COUNTY under this 11 Agreement were improperly expended
12 c The prov1s10ns of Sect10n 2778 of the California Civil code, as said sect10n exists 13 on the effective date of this Agreement, shall be applicable to the above mdemmficat10n 14 prov1s10ns Transmittal to COUNTY of any pleadmgs served upon CITY shall be deemed to be a 15 request to defend
16 19 COUNTY shall have the nght to penod1cally audit CITY's records to determme 17 compliance with this Agreement
18 20 CITY shall forward to COUNTY a copy of each annual audit of the CITY 19 conducted by an mdependent public auditor dunng the penod of this Agreement as soon as the 20 audit report becomes available COUNTY shall have the nght to ensure that necessary corrective 21 actions are made by CITY for any audit findmgs pertment to CITY handlmg of CDBG Prograin 22 fundmg pursumt to federal reqmrements
23 21 No CDBG or HOME Program funds shall be expended on any activity, which does 24 not affirmatively further faIT housmg goals withm CITY 25 22 Pursumt to 24 CFR Part 570 50l(b) of CDBG md 24 CFR Part 92 504 of HOME 26 program regulat10ns, CITY 1s subJect to all reqmrements applicable to subrec1p1ents, mcludmg the 27 reqmrement of a wntten agreement set forth m 24 CFR Part 570 503 of CDBG and 24 CFR Parts 28 92 505-509 of HOME program regulat10ns
29 23 This Cooperat10n Agreement shall apply to my supplemental program which 30 HUD makes available through the CDBG or the HOME Programs 2006-2008 Urban County Small City Agreement revised May 18 2005 (Rev Section 18 b 5 25 OS)
6 ,I
24 CITY may v01d this Agreement only 1f 1t submits to COUNTY on or before July 2 08, 2005 the notification from HUD that CITY has qualified as a "Metropolitan City" or an 3 "Entitlement City" pnor to the complet10n of the re-qualificat10n process for Fiscal Years 2006- 4 2007, 2007-2008, 2008-2009 Upon such notificat10n by HUD, CITY also must submit to 5 COUNTY and HUD wntten notJficat10n of its dec1s10n to either remam m the Urban County 6 Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity 7 II
8 II
9 II
10 II
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 1006-2008 Urban Count) Small C,ty Agreement revised May l 8 2005 7 2 IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its 3 Mayor/City Manager and attested by its City Clerk, COUNTY has caused this Agreement to be 4 executed by the D!fector of the Housmg and Commumty Services Department, each havmg been 5 duly authonzed by the CITY Council and the COUNTY Board of Supervisors, respectively 6 7
8 City of Stanton, a mumc1pal
9 ofCahfomia
Name Harry M Dotson
Title Mayor
Date b-1 '/-05
ATTEST
By frexda ��
Name Brenda Gree1
Title City Clerk
Date �(o_-_l_'f_-_0_5 ___ _
COUNTY OF ORANGE, a pohttcal
subd1v1s10n of the State of California
Paula
By�
Burner-Lund, D!fector
Housmg and Commumty
Services Department
---.:::::::::::
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 Date G3,. f-?�/o S
/////l!llll///lllll/ll/ll//ll/ll/ll/llll/ll//l////////l//l!lllllll/////l!lll!lll/llll//l/llllllb///ll///////////ll/lll//l//l////l/ll//l//l

ORIGINAL FORM CONTRACT
APPROVED AS TO FORM and REQUIRED COUNTY COUNSEL STATEMENT 27 28 "The terms and prov1s10ns of the agreement are fully authonzed under State and local law and the 29 agreement provides full legal authonty for the County" 30 31
2006-2008 lJrbiin County 'imall C•t} Agreement revised Ma} 18 2005 Date----'+;_, /1--o_i; ____ _
8 2
3 4
5 6
7 8

COOPERATION AGREEMENT
THIS AGREEMENT 1s entered mto this f: Ir$ f day of_-,/�'+-�"--',.,,c'. ______ ,d CJ0S

BY AND BETWEEN (/
9 CITY OF Stanton, a mumc1pal
10 C�rporat10n, heremafter referred to as CITY,
II AND
12 COUNTY OF ORANGE, a political
13 subd1v1s10n of the State of California and
14 recogmzed Urban County under the Federal
15 Housmg and Commumty Development Act
16 of 1974 (Pubhc Law 93-383), as amended,
17 heremafter referred to as "COUNTY"
18 19 RECITALS
20 WHEREAS, Title I of the Housmg and Community Development Act of 1974 (Public 21 Law 93-383), as amended, heremafter referred to as ACT, makes available to the COUNTY as an 22 Urban County, and to cities under 50,000 m populat10n, grants through the Commumty 23 Development Block Grant Progrmn (heremafter referred to as "CDBG"), and the HOME 24 Investment Partnership Progrmu (heremafter referred to as "HOME"), and any subsequent Umted 25 States Department of Housmg and Urban Development (heremafter referred to as "HUD") 26 Progrmn which may become available to the COUNTY to be used for ehg1ble housmg and 27 commumty development actJv1tJes, and
28 WHEREAS, the ACT reqmres such cities and the COUNTY to enter mto cooperation 29 agreements m order for the c1t1es to be mcluded as part of the Urban County CDBG and HOME 30 Progrmns, and
31 WHEREAS, the COUNTY and CITY des1Te to cooperate to undertake, or assist m 32 undertakmg, commumty development and lower mcome housmg assistance actlv1tles, which 33 might mclude, but are not hm1ted to, (I) acqms1t10n of property for d1spos1tion for pnvate reuse, 34 especially for low- and moderate-mcome housmg, (2) d1Tect rehab1litat10n of or financial 2006 2008 Urban County Small City Agreement revised May 18 200-'\ Attachment: H
Click here to return to the agenda.
assistance to housmg, (3) low rent housmg actlv1tles, (4) d1spos1t10n of land to pnvate developers 2 for appropnate redevelopment, and (5) condemnat10n of property for low mcome housmg 3 NOW, THEREFORE, the parties agree as follows
4 This Agreement shall constltute a cooperallon agreement between the parties 5 w1thm the meanmg of Sectlon 102 (a)(b) of the ACT The parties agree to cooperate to 6 undertake, or assist m undertakmg, actlv1tles which might mclude, but are not hm1ted to, (I) 7 acqms1tlon of property for d1spos1t10n for pnvate reuse, especially for low- and moderate-mcome 8 housmg, (2) direct rehab1htation of or financial assistance to housmg, (3) low rent housmg 9 achv1tles, (4) d1spos1t10n of land to pnvate developers for appropnate redevelopment, and (5) 10 condemnation of property for low mcome housmg-commumty 11 2 COUNTY shall have the authority to carry out actlv1t1es, which will be funded 12 from annual CDBG or HOME Program funds appropnated for Federal Fiscal Years 2006-2007, 13 2007-2008, and 2008-2009 and from any program mcome generated from the expenditure of such 14 funds
15 3 COUNTY shall have final respons1b1hty for selectmg actlv1tles and annually fihng 16 the grant applicatlon (1 e Annual Ac!lon Plan) with HUD In the preparat10n of said applica!lon, 17 COUNTY shall give due cons1derat10n to CITY's analysis of commumty development needs and 18 proposed actlv1t1es
19 4 COUNTY certifies that 1t 1s followmg an adopted Consolidated Plan as reqmred by 20 24 CFR Part 91 and 24 CFR Part 570 306
21 5 Smee HUD will not accept an Agreement mcludmg a prov1s10n for veto or other 22 restnct10n which would allow any party to obstruct 1mplementat10n of the Consolidated Plan, 23 both COUNTY and CITY shall attempt to fulfill housmg goals established by the HUD approved 24 Consolidated Plan for the penod of this Agreement
25 6 CITY acknowledges that 1t has adopted and 1s enforcmg 26 a A pohcy proh1b1tmg the use of excessive force by law enforcement agencies 27 w1th111 ,ts JUnsd1ct10n agamst any 111d1v1duals engaged 111 non-v10lent civil nghts demonstrations, 28 and
29 b A policy of enforcmg applicable State and local laws agamst physically bamng 30 entrance to or exit from a facility or location which 1s the subject of such non-v10lent c1v1l nghts 31 demonstrations w1thm Junsd1ct10ns
2006-2008 Urhn Count} Small City Ag,rccment rcvbcd May 18 2005 2 7 COUNTY and CITY agree to take all act10ns necessary to ensure compliance with 2 the Urban County's cert1ficat1on reqmred by Section 104 (b) of Title I of the Housmg Commumty 3 Development Act of 197 4, as amended, mcludmg Title VI of the Civil Rights Act of 1964, the 4 Fau Housmg Act, Section 109 of Title I of the Housmg and Commumty Development Act of 5 1974, and other applicable laws Failure by CITY to comply with these prov1s10ns or to 6 affirmahvely further fau housmg w1thm its own JUnsd1ction or CITY action which impedes the 7 COUNTY's actions to comply with the COUNTY's fair housmg cert1fication, which may 8 cons!Itute noncompliance with the Urban County CDBG and HOME Programs, which may cause 9 fundmg sanctions or other remedial actions by HUD and/or COUNTY JO 8 In the event COUNTY's Urban County apphcat10n 1s approved by HUD, 11 COUNTY shall contract with the CITY to u!Ihze any such grant funds received from HUD which 12 are attnbutable to ac!Iv1!Jes admuustered by CITY, unless another form of allocat10n 1s reqmred 13 by HUD
14 9 This Agreement shall cover Program Years 32, 33 and 34 (Fiscal Years 2006- 15 2007, 2007-2008 and 2008-2009, respecl!vely) of CDBG and HOME program apphcal!ons, 16 mcludmg any subsequent Supplemental sources (Paragraph 23 below) In no event shall this 17 agreement be termmated by either party before June 30, 2009, except as allowed m leg1slat1011 18 enacted by the US Congress for termmat1011 or withdrawal from the Urban County Program and 19 as permitted by HUD
20 10 In accordance with HUD No!Jce CPD 05-01, this agreement will be automatically 21 extended for an add1l!onal three (3) year penod (1 e from July 1, 2009 to June 30, 2012) unless 22 COUNTY or CITY provides wntten notice that 1t elects not to part1c1pate m a new quahfica!Jon 23 penod COUNTY shall no!Ify CITY 111 wntmg of its nght not to participate no later than the date 24 specified 111 HUD's Urban County Quahfica!Ion Notice for the next quahficat1011 penod 25 11 CITY and COUNTY agree to adopt amendment(s) to this Agreement as may be 26 reqmred by HUD to meet any new Urban County Quahficat1011 reqmrement(s) subsequent to June 27 30, 2009 The COUNTY will notify CITY of its nght to termmate its part1c1pat1on 111 the program 28 based on the adoption of any such amendment If either CITY or COUNTY refuses to adopt any 29 such amendment, this automatic renewal prov1s1011 herem will be v01d 30 12 The ehg1ble achv1ties to be undertaken dunng the term of this Agreement will be 31 chosen by CITY from those authonzed by HUD Rules and Regulations govemmg the CDBG and 2006-2008 Urban Conni} 'imall Cil) Agreement revised May 18 2005 3 HOME Programs and any regulat10ns which may be applicable to future Supplemental Federal 2 Programs
3 13 The parties agree to comply with the reqmrement(s) of the CDBG and HOME 4 P10giams, mcludmg laws and policies apphcable to said Programs , 14 CITY acknowledges by Its execution of CDBG and HOME cooperat10n 6 agreement(s) the mcluded urnt of general local goverrnnent it 7 a May not apply for grants from appropnat10ns under the Small Cities or State 8 CDBG Programs for fiscal years durmg the penod m which it participates m the COUNTY'S 9 CDBG program and,
10 b May not participate m a HOME consortmm except through the Urban County, 11 regardless of whether the Urban County currently received a HOME formula allocat10n 12 c May not termmate or withdraw from the Cooperat10n Agreement while 1t 13 remams m effect until the CDBG and HOME funds and mcome received with respect to the 14 three-year qualification penod (and any successive quahficat10n penods under agreements that 15 provide for automatic renewals) are expended and the funded actJv1tJes completed 16 15 a CITY must mform COUNTY, through penodic reports requested by COUNTY, 17 of any mcome generated by the expenditure of Program funds received by the CITY Pursuant to 18 applicable federal reqmrements, such program mcome must be paid to the COUNTY CITY may 19 retam such program mcome only If agreed upon by COUNTY and used exclusively for eligible 20 activities as determmed by the COUNTY and m accordance with all CDBG and HOME Program 21 reqmrements as may then apply
22 b CITY shall keep and mamtam appropnate records on the use of program mcome 23 as reqmred by COUNTY as the COUNTY has the responsibility of morntormg and reportmg 24 program mcome to HUD
25 c In the event of close-out or change m status of CITY, any program mcome at that 26 lime or received subsequent to the close-out or change m status shall be paid by CITY to the 27 COUNTY w1thm mnety (90) days after the expirat10n of the term ofth1s Agreement 28 16 a Any proposed modificat10n or change of use of any real property acqmred or 29 improved m whole or m part by the CITY usmg CDBG funds (from the use planned at the time of 30 acqmsit10n or improvement), mcludmg d1spos1t10n, must be reported by CITY to the COUNTY 2006-2008 Urban Count} Small City Agreement retlsed Mav 18 2005 4 COUNTY may approve the proposed mod1ficat1on or change of use CITY shall not implement 2 the mod1ficat1on or change m use without COUNTY approval 3 b Should the d1spos1t1on, sale or transfer of such real property acqmred or 4 improved m whole or m part usmg CDBG or HOME Program funds result ma use which does not 5 qualify under CDBG or HOME Program regulations, the CITY shall reimburse COUNTY m the 6 amount equal to the then current fair market value of the property (less any port10n thereof 7 attnbutable to expenditure ofnon-CDBG/HOME funds)
8 c Any program mcome generated from the d1spos1lion, transfer or sale of such 9 property pnor to or subsequent to the close-out, change of status or terrmnalion of the cooperat10n 10 agreement between the COUNTY and CITY may be either used by CITY for other specific 11 eligible ac!Jv1t1es m the CITY or paid to the COUNTY for other eligible Urban County act1v1!Jes, 12 as determmed m advance of the expenditure at the d1scret10n of the COUNTY 13 17 a CITY shall mdemmfy, hold harmless, and defend with counsel approved m 14 wntmg by COUNTY, its officers, agents and employees agamst all liab1hty, claims, losses, 15 demands and actions for mJury to or death of persons or damage to property ansmg out of or 16 alleged to anse out of or m consequence of this Agreement mcludmg attorneys' fees, provided 17 such hab1hty, claims, demands, losses or aclions are due to the acts or 01111ss10ns of CITY, its 18 officers, agents or employees m the performance of this Agreement, mcludmg any ac!Jv1!Jes 19 conducted by CITY under its apphca!Jon
20 b In add1llon, CITY shall mdemmfy, defend with counsel approved m wntmg by 21 COUNTY, and hold harmless COUNTY agamst any liab1hty, claims, losses, demands, and act10ns 22 mcludmg attorneys' fees mcurred by COUNTY as a result of a determmat10n by HUD that 23 ac!Jv1!Jes undertaken by CITY under CITY's applicat10n failed to comply with any laws, 24 regula!Jons, or pohc1es applicable thereto or that any fnnds forwarded to CITY under this 25 Agreement were improperly expended
26 c The prov1s10ns of Sect10n 2778 of the California C1v1l Code, as said sect10n 27 exists on the effecllve date of this Agreement, shall be applicable to the above mdemmfica!Jon 28 prov1s10ns Transmittal to CITY of any pleadmgs served upon COUNTY shall be deemed to be a 29 request to defend
30 18 a COUNTY shall mdemmfy, hold harmless and defend with counsel approved 111 31 wntmg by CITY, its officers, agents and employees agamst all hab1lity, claims, losses, demands 2006-2008 Urban Count} Small Cit, Agreement re, ind 1\1•} 18 2005 5 and act10ns for mJury to or death of persons or damage to property ansmg out of or alleged to anse 2 out of or m consequence of this Agreement, provided such hab1hty, claims, demands, losses or 3 act10ns are due to the acts or om1ss10ns of COUNTY, its officers, agents or employees m the 4 performance of this Agreement, mcludmg my achv1ties conducted by COUNTY under its 5 applicat10n
6 b In addition, COUNTY shall mdemmfy, defend with counsel approved m 7 wntmg by CITY, and hold harmless CITY agamst my liability, claims, losses, demmds, and 8 act10ns mcludmg attorneys' fees mcurred by CITY as a result of a determmat10n by HUD that 9 activ1hes undertaken by COUNTY under COUNTY's applicat10n failed to comply with any laws, 10 regulations, or policies applicable thereto or that any funds forwarded lo COUNTY under this 11 Agreement were improperly expended
12 c The prov1s10ns of Sect10n 2778 of the California Civil code, as said sect10n exists 13 on the effective date of this Agreement, shall be applicable to the above mdemmficat10n 14 prov1s10ns Transmittal to COUNTY of any pleadmgs served upon CITY shall be deemed to be a 15 request to defend
16 19 COUNTY shall have the nght to penod1cally audit CITY's records to determme 17 compliance with this Agreement
18 20 CITY shall forward to COUNTY a copy of each annual audit of the CITY 19 conducted by an mdependent public auditor dunng the penod of this Agreement as soon as the 20 audit report becomes available COUNTY shall have the nght to ensure that necessary corrective 21 actions are made by CITY for any audit findmgs pertment to CITY handlmg of CDBG Prograin 22 fundmg pursumt to federal reqmrements
23 21 No CDBG or HOME Program funds shall be expended on any activity, which does 24 not affirmatively further faIT housmg goals withm CITY 25 22 Pursumt to 24 CFR Part 570 50l(b) of CDBG md 24 CFR Part 92 504 of HOME 26 program regulat10ns, CITY 1s subJect to all reqmrements applicable to subrec1p1ents, mcludmg the 27 reqmrement of a wntten agreement set forth m 24 CFR Part 570 503 of CDBG and 24 CFR Parts 28 92 505-509 of HOME program regulat10ns
29 23 This Cooperat10n Agreement shall apply to my supplemental program which 30 HUD makes available through the CDBG or the HOME Programs 2006-2008 Urban County Small City Agreement revised May 18 2005 (Rev Section 18 b 5 25 OS)
6 ,I
24 CITY may v01d this Agreement only 1f 1t submits to COUNTY on or before July 2 08, 2005 the notification from HUD that CITY has qualified as a "Metropolitan City" or an 3 "Entitlement City" pnor to the complet10n of the re-qualificat10n process for Fiscal Years 2006- 4 2007, 2007-2008, 2008-2009 Upon such notificat10n by HUD, CITY also must submit to 5 COUNTY and HUD wntten notJficat10n of its dec1s10n to either remam m the Urban County 6 Program as a "Metropolitan City" or become an "Entitlement City" as a separate entity 7 II
8 II
9 II
10 II
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 1006-2008 Urban Count) Small C,ty Agreement revised May l 8 2005 7 2 IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its 3 Mayor/City Manager and attested by its City Clerk, COUNTY has caused this Agreement to be 4 executed by the D!fector of the Housmg and Commumty Services Department, each havmg been 5 duly authonzed by the CITY Council and the COUNTY Board of Supervisors, respectively 6 7
8 City of Stanton, a mumc1pal
9 ofCahfomia
Name Harry M Dotson
Title Mayor
Date b-1 '/-05
ATTEST
By frexda ��
Name Brenda Gree1
Title City Clerk
Date �(o_-_l_'f_-_0_5 ___ _
COUNTY OF ORANGE, a pohttcal
subd1v1s10n of the State of California
Paula
By�
Burner-Lund, D!fector
Housmg and Commumty
Services Department
---.:::::::::::
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 Date G3,. f-?�/o S
/////l!llll///lllll/ll/ll//ll/ll/ll/llll/ll//l////////l//l!lllllll/////l!lll!lll/llll//l/llllllb///ll///////////ll/lll//l//l////l/ll//l//l

CITY OF STANTON

REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 23, 2023
SUBJECT: SELECTION OF FIREWORKS LICENSEES FOR 2023
REPORT IN BRIEF:

Staff is requesting that the City Council select licensees for 2023 fireworks sales.

RECOMMENDED ACTION:

2. Award fireworks sales licenses to Youth Assistance Foundation of Stanton and Boys & Girls Club of Stanton.

BACKGROUND:

It is unlawful to sell, display, or discharge fireworks in the City except in strict accordance with Chapter 17.04 (Safe and Sane Fireworks) of the Stanton Municipal Code (“SMC”).

Moreover, Chapter 17.04 allows the sale of State-approved (“Safe and Sane”) fireworks with a license issued by the City. Furthermore, entities that may apply for such a license must be a non-profit organization whose principal place of business is located within the City. In addition, obtaining a license enables the licensee to sell fireworks on July 1 (from 12:00 p.m. to 10:00 p.m.) and July 2 – 4 (from 9:00 a.m. to 10:00 p.m.) (SMC 17.04.040).

The Council must review all fireworks sale applications and may award up to eight licenses each year (SMC, 17.04.050 (B)).

Item: 9G
Click here to return to the agenda.
2 ANALYSIS/JUSTIFICATION:

The City received two applications this year, one from the Youth Assistance Foundation of Stanton (“YAFS”) and one from the Boys & Girls Club of Stanton. In accordance with SMC 17.04.050, staff has determined that both groups are eligible organizations to receive fireworks licenses. Furthermore, both groups have demonstrated they have adequate insurance coverage, have posted the required $236.25 permit fee, and prepared a statement describing how their organization benefits the community.

Proceeds from sales made by YAFS are used to purchase toys and gifts for youth in our community through their annual Santa’s Siren event held in December. The Santa’s Siren event visits various neighborhoods throughout the City where volunteers, including City staff, Orange County Fire Authority staff, and Orange County Sheriff’s Department staff, deliver presents to children during Christmas. In addition, proceeds also fund scholarships for Stanton youth. Staff reviewed their proposed booth location at 12640 Beach Blvd. and determined it was suitable.

The Boys & Girls Club of Stanton uses their proceeds to assist Stanton youth in various programs including educational, sports, fitness, arts, recreation and intervention. Staff reviewed their proposed location at 7910 Katella Ave. and determined it was suitable.

Staff recommends awarding fireworks sales licenses to both groups.

FISCAL IMPACT:

The licensee is required to pay a $236.25 fee to the City for cost recovery associated with the processing, licensing, and inspection of the fireworks permit.

ENVIRONMENTAL IMPACT:

In accordance with the requirements of CEQA, this project has been determined to be exempt under section 15061(b)(3) of the State CEQA Guidelines.

PUBLIC NOTIFICATION:

Direct correspondence to the applicants and through the regular agenda posting process. 3 STRATEGIC PLAN OBJECTIVE ADDRESSED:

Obj. No. 5: Provide a high quality of life.

Prepared by: Keith Gifford, Code Enforcement Manager
Reviewed by: James J. Wren, Public Safety Services Director Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachments:

A. SMC Section 17.04
B. 2023 Fireworks Applications
5/4/23, 4:28 PM Chapter 17.04 SAFE AND SANE FIREWORKS
https://library.qcode.us/lib/stanton_ca/pub/municipal_code/item/title_17-chapter_17_04?view=all 1/9 Stanton, California Municipal Code
Title 17 FIRE
Chapter 17.04 SAFE AND SANE FIREWORKS

17.04.010 Sale and discharge prohibited—Sale to minors prohibited.

17.04.020 Organizations which may be licensed.

17.04.030 Procedure for applications.

17.04.040 Terms and conditions of license to sell.

17.04.050 Grant of approval by city council.

17.04.060 Compliance with requirements of fire authority.

17.04.070 Discharge permitted on certain days and times.

17.04.073 Block party permit.

17.04.075 Discharge of fireworks prohibited—Exceptions.

17.04.080 Gas stations.

17.04.090 Penalty for violations.

17.04.100 Administrative penalty.

17.04.110 State fines.

17.04.010 Sale and discharge prohibited—Sale to minors
prohibited.

A. It is unlawful for any person, firm or corporation to sell, display, dispose of, give away, store, keep or stock, or to discharge, explode, fire or set off any fireworks in the city except in strict accordance with the terms and conditions of this chapter. For purposes of this chapter, the terms “fireworks” or “safe and sane fireworks” shall have the meaning as set forth in Part 2 of Division 11 of the California Health and Safety Code.

B. It is unlawful to sell fireworks to any person under the age of eighteen years.

Attachment: A
Click here to return to the agenda.
5/4/23, 4:28 PM Chapter 17.04 SAFE AND SANE FIREWORKS
https://library.qcode.us/lib/stanton_ca/pub/municipal_code/item/title_17-chapter_17_04?view=all 2/9 C. No person under the age of eighteen years shall purchase any fireworks, including safe and sane fireworks.

D. No person under the age of eighteen years shall discharge any fireworks, including safe and sane fireworks, except when under the direct supervision and in the presence of an adult. (Ord. 935 § 2, 2007; Ord. 774 § 2, 1995: Ord. 759 § 2, 1994)

17.04.020 Organizations which may be licensed.

A. Licenses provided by this chapter shall be issued only to nonprofit organizations or corporations which have obtained tax-exempt status from the State Franchise Tax Board and which are organized primarily for veteran, patriotic, social welfare, civic or business betterment, fraternal, religious or charitable purposes.

B. Each such organization shall have a principal place of business, principal meeting place or a location for the conduct of its primary activities within the city limits and shall have been established and licensed under Chapter 5.04 (if required) within the city continuously for a minimum of one year prior to the filing of the application for the license.

C. Licenses provided by this chapter shall be issued only to organizations which qualify pursuant to the requirements set forth in this section. Each applicant organization shall submit a verified statement with its application describing and confirming its compliance with this subsection. (Ord. 774 § 2, 1995:

Ord. 759 § 2, 1994)

17.04.030 Procedure for applications.

A. Applications for licenses shall be filed on forms provided by the city with the office of the city manager not later than the end of business day of the first Thursday in May of the year in which the application is made. A deposit in an amount equal to the license fee established by resolution of the city council shall be submitted with the application. The deposit shall be refunded in the event the organization is not licensed by the city council.

B. The application shall be accompanied by all documentation required by the city manager and shall include but not be limited to the following: proof of general liability insurance coverage, the certified statement required by Section 17.04.020(C), documentation demonstrating tax-exempt status, a seller’s permit issued to the organization requesting the application, and a written statement describing the benefits the organization provides to the community which will be used by the city council to make the determination on whether to grant a license.

C. The application shall be signed by an authorized officer or director of the organization who shall warrant to the city the veracity of all statements contained therein. If any material statement in the application is determined by the city manager to be false or misleading, he or she may forthwith revoke the license issued by the city council. Written authorization from the nonprofit organization authorizing the named individual to apply for a license on behalf of the organization shall also be provided. 5/4/23, 4:28 PM Chapter 17.04 SAFE AND SANE FIREWORKS
https://library.qcode.us/lib/stanton_ca/pub/municipal_code/item/title_17-chapter_17_04?view=all 3/9 D. The city manager shall review all applications for sufficiency and completeness within ten days of filing and promptly notify applicants of any defects, disqualifying factors or omissions. All applications and required accompanying documentation shall be in final form and shall be filed in the office of the city manager by five p.m. on May 8th. The city manager shall not be required to accept any additional documentation after May 8th but may request information clarifying or additionally explaining the applicant’s proposal.

E. All organizations meeting the requirements for a license under this section shall be prequalified by the city manager provided they comply with the filing and compliance schedule set forth in this chapter. (Ord. 1033 § 2, 2015; Ord. 774 § 2, 1995: Ord. 759 § 2, 1994)

17.04.040 Terms and conditions of license to sell.

A. The license issued by the city council shall permit the sale of safe and sane fireworks only on July 1st from twelve noon to ten p.m. and from July 2nd through and including July 4th, from nine a.m. to ten p.m.

B. Every licensee shall be responsible for continuing compliance with all the terms and conditions contained in the license. In this regard, each licensee shall designate a responsible contact person who will be in attendance at the licensed stand or on-call from the time the stand is erected and until it is removed and the site location is cleaned to the satisfaction of the city.

C. No licensee shall sell any fireworks except from inside the licensed stand.

D. No person other than individuals who are adult members of the licensee organization, or their approved adult volunteers, shall sell or otherwise participate in the sale of fireworks. At all times during sales hours at least one adult member of the licensee organization must be located at the stand to oversee operations.

E. All licensees shall also:

1. Not install or locate a stand on the licensed premises before June 20th and shall cause it to be removed and the site location cleaned on or before July 8th;

2. Provide the city with proof of public liability, property damage and product liability insurance with policy limits of at least one million dollars per occurrence and naming the city as an additional insured for the duration of the license;

3. Provide the city with written consent of the owner of the property where the stand is to be located;

4. Provide the city with a sales tax permit issued to the organization by the State Board of Equalization;

5. Provide the city with a detailed report on revenue, expenditures and net profit earned by the organization in the sale of fireworks. The report shall be submitted to the city manager’s office by the end of business day on the fourth Thursday in September of each year. Failure to submit the report shall be grounds for denial of any future fireworks sales license; 5/4/23, 4:28 PM Chapter 17.04 SAFE AND SANE FIREWORKS
https://library.qcode.us/lib/stanton_ca/pub/municipal_code/item/title_17-chapter_17_04?view=all 4/9

6. Provide the city with a bond or other surety device in an amount established by the city council and sufficient to assure removal of the structure and cleanup of the site.

F. Sales shall be made only from freestanding structures erected and located solely for the purpose of fireworks sales.

G. Fireworks stands shall comply with standards adopted by the city manager which may include size of stands, structure material, building code compliance and signage.

H. The city manager may call meetings of all licensees to describe the licensing process and to provide information with regard to city and county requirements. The failure of any licensee to attend meetings or meet established deadlines shall constitute grounds for nonacceptance of the application or revocation of the license by the city manager.

I. Licenses are not transferable or assignable, and are only valid for the dates specified in the permit and are subject to all conditions set forth in the permit. (Ord. 1033 § 3, 2015; Ord. 774 § 2, 1995:

Ord. 759 § 2, 1994)

17.04.050 Grant of approval by city council.

A. The city council shall in its sole discretion determine the organizations to which licenses will be granted in accordance with this chapter. Such determination shall be made at a regular or special meeting of the city council in accordance with procedures established by the city council.

B. The city council may, but shall not be required to, issue up to eight licenses for the sale of fireworks in the city.

C. In determining the organizations to be licensed the council shall consider the following factors:

1. Only organizations prequalified by the city manager pursuant to Section 17.04.040(E) shall be considered;

2. The contributions the organization has made or is proposing to make to the city’s civic pride or betterment; youth activities and programs; care or assistance to the elderly, infirm or disabled; assistance to or support of the business community, charitable efforts and any other community contributions deemed beneficial by the city council;

3. The location and suitability of the premises where the organization proposes to operate;

4. Other factors deemed appropriate by the city council. (Ord. 774 § 2, 1995: Ord. 759 § 2, 1994)

17.04.060 Compliance with requirements of fire authority.

All applicants for a license to sell safe and sane fireworks in the city shall comply with all requirements imposed by the Orange County fire authority.

A. The city shall provide applicants with copies of said requirements. 5/4/23, 4:28 PM Chapter 17.04 SAFE AND SANE FIREWORKS
https://library.qcode.us/lib/stanton_ca/pub/municipal_code/item/title_17-chapter_17_04?view=all 5/9 B. An Orange County fire authority permit shall be required and all required fire authority fees shall be paid and all inspections shall be completed before commencement of sales.

C. All stands and personnel involved in sales shall at all times be in compliance with the Orange County fire authority requirements for public fireworks stands. (Ord. 774 § 2, 1995: Ord. 759 § 2, 1994)

17.04.070 Discharge permitted on certain days and times.

It is unlawful for any person, firm or corporation to discharge any fireworks, including safe and sane fireworks, except as follows: safe and sane fireworks may be discharged between July 1st and July 4th between the hours of ten a.m. and eleven p.m. (Ord. 982 § 2, 2011)

17.04.073 Block party permit.

Every person, firm or corporation who applies for and receives an administratively-issued “block party permit,” or similar license or approval required by the city to close a street or otherwise reserve or use a piece of city property shall comply with all conditions imposed upon the issuance of such permit, license or approval, including but not limited to taking all reasonable efforts necessary to ensure that dangerous fireworks are not used at said event. A violation of this condition of such permit, license or approval shall be subject to a separate administrative fine under the provisions of this chapter. Likewise, any person, firm or corporation that fails to obtain any “block party permit”, license or other such approval from the city when such person is so required by this code shall be subject to a separate administrative fine under this chapter as well as an additional administrative fine if dangerous fireworks are used at and during said event. (Ord. 1066 § 3, 2017)

17.04.075 Discharge of fireworks prohibited—Exceptions.

A. It is unlawful for any person, firm or corporation to use or discharge any fireworks, including safe and sane fireworks, as defined in Part 2 of Division 11 of the California Health and Safety Code, within the following areas of the city:

1. Any public property, including, but not limited to, public streets, highways, alleys, sidewalks, parks or other publicly owned property, buildings or facilities without an administratively-issued “block party permit”;

2. Any property within a commercial district of the city (defined in Section 20.215.010 of this code) except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section;

3. Any property within an industrial/manufacturing district of the city (defined in Section 20.220.010 of this code) except for any nonconforming residential use within such district used for residential purposes as of the effective date of the ordinance codified in this section.

B. Nothing in this section shall preclude the use or discharge of safe and sane fireworks, consistent with this chapter, on appropriate privately owned areas within a residential district (defined in Section

20.210.010 of this code) or the presentation of any public fireworks display authorized by the city. 5/4/23, 4:28 PM Chapter 17.04 SAFE AND SANE FIREWORKS
https://library.qcode.us/lib/stanton_ca/pub/municipal_code/item/title_17-chapter_17_04?view=all 6/9 C. It is unlawful for any person, firm or corporation to possess, sell, use, discharge, and/or display any dangerous fireworks, as defined in Part 2 of Division 11 of the California Health and Safety Code, at any time and within any area of the city with the exception of pyrotechnic licensees conducting business while holding a current valid license issued pursuant to Chapter 5 of Part 2 of Division 11 (commencing with Section 12570) of the California Health and Safety Code. (Ord. 1066 § 4, 2017; Ord. 910 § 2, 2005)

17.04.080 Gas stations.

It is unlawful for any person, firm or corporation to sell, offer for sale, store, display or discharge any fireworks of any type in any public oil or gasoline station, or on any premises where gasoline or other inflammable liquids are stored or dispensed. (Ord. 774 § 2, 1995: Ord. 759 § 2, 1994)

17.04.090 Penalty for violations.

The violations of any of the provisions of this chapter shall constitute a misdemeanor, and the penalty for violation shall be as set forth in Section 1.04.080 of the Stanton Municipal Code. (Ord. 774 § 2, 1995:

Ord. 759 § 2, 1994)

17.04.100 Administrative penalty.

In addition to, or in lieu of the penalty set forth in Section 17.04.090, any person, firm or corporation violating the provisions of this chapter may be issued an administrative citation by an enforcement officer in accordance with the provisions of Chapter 1.12 of this code. The administrative fine for a violation of this chapter shall be assessed in the amount provided as follows:

A. Each person, firm or corporation who violates any provision of this code as it relates to the use, discharge, storage, sale, display and/or possession of less than twenty-five pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of offence in 1-year
period
Amount of Administrative
Penalty Disposal Charge
Total Amount of Penalty (not
including any Late Charges or
interest)
First $1,000.00 $250.00 $1,250.00
Second $2,000.00 $500.00 $2,500.00
Third $3,000.00 $1,000.00 $4,000.00
B. Each person, firm or corporation who violates any provision of this code as it relates to the storage, sale, display and/or possession of more than twenty-five pounds and less than one hundred pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:
5/4/23, 4:28 PM Chapter 17.04 SAFE AND SANE FIREWORKS
https://library.qcode.us/lib/stanton_ca/pub/municipal_code/item/title_17-chapter_17_04?view=all 7/9 Number of offence in 1-year
period
Amount of Administrative
Penalty Disposal Charge
Total Amount of Penalty plus Late
Charge
First $1,000.00 $250.00 $1,250.00
Second $2,000.00 $500.00 $2,500.00
Third $3,000.00 $1,000.00 $4,000.00
C. Each person, firm or corporation who violates any provision of this code as it relates to the storage, sale, display and/or possession of more than one hundred pounds and less than five thousand pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of offence in 1-year
period
Amount of Administrative
Penalty Disposal Charge
Total Amount of Penalty plus Late
Charge
First $5,000.00 $1,000.00 $6,000.00
Second $10,000.00 $1,000.00 $11,000.00
Third $15,000.00 $1,000.00 $16,000.00
D. Each person, firm or corporation who violates any provision of this code as it relates to the storage, sale, display and/or possession of more than five thousand pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of offence in 1-year
period
Amount of Administrative
Penalty Disposal Charge
Total Amount of Penalty plus Late
Charge
First $10,000.00 $50,000.00 $60,000.00
Second $20,000.00 $50,000.00 $70,000.00
Third $30,000.00 $50,000.00 $80,000.00
E. A person, firm or corporation who fails to obtain a block party permit, license or approval from the city when such a person is required by this code shall be subject to administrative fine or fines under this chapter.

Number of offence in 1-year
period
Amount of Administrative
Penalty Disposal Charge
Total Amount of Penalty plus Late
Charge
First $500.00 $150.00 $625.00
Second $1,000.00 $250.00 $1,250.00
Third $1,500.00 $500.00 $2,000.00
5/4/23, 4:28 PM Chapter 17.04 SAFE AND SANE FIREWORKS
https://library.qcode.us/lib/stanton_ca/pub/municipal_code/item/title_17-chapter_17_04?view=all 8/9 F. Any person, firm or corporation who does obtain an administratively-issued block party permit, license or approval from the city where there was a condition imposed upon the issuance of such block party permit, license or approval requiring the person to make all reasonable efforts necessary to ensure that “dangerous fireworks” are not used at said event and said person is said to be in violation of the permit by virtue of the fact that there were dangerous fireworks used at said event shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of offence in 1-year
period
Amount of Administrative
Penalty Disposal Charge
Total Amount of Penalty plus Late
Charge
First $1,500.00 $375.00 $1,875.00
Second $3,000.00 $750.00 $3,750.00
Third $5,000.00 $2,000.00 $7,000.00
G. Each person, firm or corporation who uses safe and sane fireworks on or at dates, times and/or locations other than those permitted by this chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of offence in 1-year
period
Amount of Administrative
Penalty Disposal Charge
Total Amount of Penalty plus Late
Charge
First $250.00 $75.00 $325.00
Second $500.00 $150.00 $650.00
Third $750.00 $300.00 $1,050.00
H. In the case of a violation relating to dangerous fireworks, the citee shall be required to abate the violation and surrender all dangerous fireworks to the enforcement officer, immediately.

I. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the Code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this code. (Ord. 1066 § 5, 2017; Ord. 940 § 4, 2007; Ord. 935 § 4, 2007)

17.04.110 State fines.
5/4/23, 4:28 PM Chapter 17.04 SAFE AND SANE FIREWORKS
https://library.qcode.us/lib/stanton_ca/pub/municipal_code/item/title_17-chapter_17_04?view=all 9/9 Fines collected pursuant to this chapter shall be subject to California Health and Safety Code Section 12726, which provides that sixty-five percent of all administrative fines or penalties collected by the city shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code Section 12728. (Ord. 1066 § 6, 2017)
Contact:

City Clerk: 714-379-9222
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

TNT Fireworks
Youth Assistance Foundation
Fireworks & TUP Packet
Teresa Flores Wiig
TNT Fireworks
555 N. Gilbert St.

Fullerton, CA 92833
(714) 738-1002 x152
Attachment: B
Click here to return to the agenda.

DocuSign Envelope ID. 36270482-6908-4081-BFF2-23FF20536584

CITY OF STANTON, CALIFORNIA
FIREWORKS STAND APPLICATION (JULY 4th 2023)
ADDRESS OF ORGANIZATION: ___________________ _
OFFICERS Of ORGANIZATION: ANN NGUYEN; PAMELA SCHOONOVER; NANCY HEITMAN LOCATIO� OF PRIMARY ACTIVITIES (IF DIFFERENT THAN ABOVE ADDRESS):
11296 BEACH BLVD., STANTON CA 90680 (CR&R)
KAME OF COMPANY SUPPLYING BOOTH & FIREWORKS: TNT FIREWORKS ------------ 555 N. GILBERT STREET, FULLERTON CA 92833
ADDRESS: _________________________ _
714-738-1002
PHONE#: __________________________ _
EMAIL: [email protected]
12640 BEACH BLVD. STANTON CA 90680
BOOTH LOCATION: ______________________ _
[ZJ ATTACH PROOF OF GENERAL LIABILITY INSURANCE IN THE AMOUNT OF $1 MILLION DOLLARS.
[ZJ ATTACH STATEMENT DESCRIBING THE BENEFITS YOUR ORGANIZATION

PROVIDES TO THE COMMUNITY, INCLUDING SPECIFIC INFORMATION ABOUT EVENTS SPONSORED, INDIVIDUALS AND/OR GROUPS BENEFITTED; AND PROPOSED DISTRIBUTION OF FIREWORKS SALE PROCEEDS.
[Z] ATTACH CHECK FOR ($236.25) MADE PAYABLE TO THE CITY OF STANTON. (CHECK WILL BE REFUNDED IF YOUR ORGANIZATION IS NOT SELECTED.) DocuSign Envelope ID: 36270482-6908-4081-BFF2-23FF20536584 [ X] WRITTEN PERMISSION FROM PROPERTY OWNER AUTHORISING BOOTH

LOCATION
[ X] PROVIDE WRITTEN DOCUMENTATION OF ACTIVE NON PROFIT TAX EXEMPT

STATUS FOR CHARITABLE PURPOSES, FROM THE CALIFORNIA STATE

FRANCHISE TAX BOARD
+UNDER SECTION 17.04.020 OF THE STANTON MUNICIPAL CODE LICENSES! SHALL BE ISSUED ONLY TO NON-PROFIT ORGANIZATIONS OR CORPORATIONS! WHICH HAVE OBTAINED TAX-EXEMPT STATUS FROM THE STATE FRANCHISE TAX! BOARD AND WHICH ARE ORGANIZED PRIMARILY FOR VETERAN, PATRIOTIC,! SOCIAL WELFARE, CIVIC OR BUSINESS BETTERMENT, FRATERNAL, RELIGIOUS! OR CHARITABLE PURPOSES. EACH ORGANIZATION SHALL HAVE A PRINCIPLE! PLACE OF BUSINESS, PRINCIPLE MEETING PLACE OR A LOCATION FOR THE! CONDUCT OF ITS PRIMARY ACTIVITIES WITHIN THE CITY LIMITS AND SHALL! HAVE BEEN ESTABLISHED AND LICENSED UNDER CHAPTER 5.04 (IF REQUIRED)! WITHIN THE CITY CONTINUOUSLY FOR A MINIMUM OF ONE (1) YEAR PRIOR TO! THE FILING OF THE APPLICATION FOR THE LICENSE.

STATE RESALE NUMBER WILL BE REQUIRED FROM CALIFORNIA STATE BOARD OF EQULAZATION. THE ORGANIZATION LISTED AS THE LICENSEE SHALL BE THE SAME ORGANIZATION LISTED ON THE SELLER'S PERMIT. A SELLER'S PERMITS SHALL NOT BE PROVIDED FOR A THIRD PARTY.

LICENSES ARE NOT TRANSFERABLE OR ASSIGNABLE AND WILL ONLY BE VALID

FOR THE DATES SPECIFIED IN THE PERMIT AND WILL BE SUBJECT TO ALL CONDITIONS SET FORTH IN THEIR PERMIT.

APPLICATIONS AND SUPPORTING DOCUMENTS MUST BE FILED IN THE CITY MANAGER'S OFFICE BY NO LATER THAN 6:00 P.M., THURSDAY MAY 4th, 2023.

NO LATE APPL/CATIONS WILL BE ACCEPTED.

FAILURE TO FILE BY THE DEADLINE OR MEET ANY OF THE ABOVE

REQUIREMENTS WILL RESULT IN THE DISQUALIFICATION OF YOUR ORGANIZATION.

AS DULY AUTHORIZED OFFICER OF THE ABOVE NAMED ORGANIZATION, I

HEREBY SUBMIT THE ABOVE APPLICATION AND ALL REQUIRED DOCUMENTS TO OBTAIN A CITY BUSINESS LICENSE TO CONDUCT THE SALE OF "SAFE AND SANE" FIREWORKS. I UNDERSTAND THAT FAILURE TO CORRECTLY COMPLETE THIS APPLICATION WILL RESULT IN ITS DISQUALIFICATION.

THE ORGANIZATION AND ITS WORKERS AGREE TO ABIDE BY ALL PROVISIONS

OF THE CITY'S ORDINANCES AND RULES AND REGULATIONS, AS WELL AS THE COUNTY OF ORANGE REGULATIONS AND FEDERAL AND STATE LAWS. "I DECLARE ALL OF THE INFORMATION CONTAINED IN OR SUBMITTED WITH THIS APPLICATION IS TRUE AND CORRECT".

SIGNATURE OF OFFICER
3/31/2023
DocuSign Envelope ID: 36270482•6908-4081-BFF2-23FF20536584 City of Stanton
7800 Kate I la Ave.

Stanton, CA 90680
Youth Assistance Foundation of Stanton
RE: Fireworks Booth - Authorization Letter
Dear City of Stanton,
l, Pam Schoonover, am the board member and have been made an authorized representative for Youth Assistance Foundation of Stanton, which is a community oriented non-profit organization. I have been given authorization by the board to use our non-profit entity status to conduct the fireworks fundraiser for the Youth Assistance Foundation of Stanton and submit an application to the City of Stanton. lrI can be of further help, please don't hesitate to call me at (714) 206-7937. Thank you for your assistance.

Sincerely,
Board Member
Youth Assistance Foundation of Stanton
DocuSign Envelope ID: 36270482-6908-4081-BFF2-23FF20536584 City of Stanton
7800 Katella Ave.

Stanton, CA 90680
Youth Assistance Foundation of Stanton
RE: Fireworks Booth - Written Statement
Dear City of Stanton,
I'm writing to you, to let you know what we are planning on doing with the profits f
r
om the fireworks stand this year. We vvill donate all or most of the money generated from the fireworks stand to the Stanton Santa's Siren. The money will be used to purchase toys for our event. Any left over money will be donated to the Boys and Girls Clubs and any other Stanton non-profit that we see is in need of funds.

Board Member
Youth Assistance Foundation

STATE OF CALIFORNIA

FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0540
Entity Status Letter
Why You Received This Letter
Date: 4/4/2023
ESLID: 7220655074
According to our records, the following entity information is true and accurate as of the date of this letter.

Entity ID: 1983857
Entity Name: YOUTH ASSISTANCE FOUNDATION OF STANTON

1. The entity is in good standing with the Franchise Tax Board.

2. The entity is not in good standing with the Franchise Tax Board.

3. The entity is currently exempt from tax under Revenue and Taxation Code (R& TC) Section 23701

4. We do not have current information about the entity.

5. The entity was administratively dissolved/cancelled on Administrative Dissolution process.

Important Information
through the Franchise Tax Board
• This information does not necessarily reflect the entity's current legal or administrative status with any other agency of the state of California or other governmental agency or body. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or if the entity did business in California at a time when it was not qualified or not registered to do business in California, this information does not reflect the status or voidability of contracts made by the entity in California during the period the entity was suspended or forfeited (R& TC Sections 23304.1, 23304.5, 23305a, 23305.1 ).
• The entity certificate of reviver may have a time limitation or may limit the functions the revived entity can perform, or both (R&TC Section 23305b).

Connect With Us
Web:

Phone:

California
ftb.ca.gov
800-852-5711 from 7 a.m. to 5 p.m. weekdays, except state holidays 916-845-6500 from outside the United States
Relay Service: 711 or 800-735-2929 (For persons with hearing or speech impairments) FTB 4263A WEB (REV 12-2019)
TO WHOM IT MAY CONCF.RN:

YOUTH FOUNDATION OF STANTON
Permission is hereby granted to _____________ and
AMJ::RJCAN PROMOTIONAL EVENTS, INC., dba. TNT FIREWORKS, for the exclusive right to use the property located at 12640 BEACH BLVD. in 1he City of STANTON for their 2023 fireworks stand It is understood that this salo will be conducted in accordunce wilh all Chy, C'..ounty and State regulations, and the property will be left clean and tree of debris.

APEX REAI�TY. TNC., agent for
PLA7.AON
By: (Sign)
PrintName: Y\-��
r-,-i) Dale: ________________ _
Loe #XXX257S
I INSPECTION DATE 6/29 NEW STAND - PUESTO NUEVO
TNT FIREWORKS I MCGILL$
STAND CONTRACT # --------LOCATION# XXX2575
BRAND TNT SALES ASSOCIATE T. FLORES
DATE ---- 2014

CITY ST ANTON
ORGANIZATION YO_U_T_H_ A_S_S-1S_ T_A_N_C_E_F_O_U_N_D_A_T _IO-N SIZE 8X48X8
GOl\l51KOGIIUI\ISTYLE NNMETAL-NEW L>HUl(C>OVl<O 0
BILLEsvAKD5 2 A-FRAMES 3
BANNER;:, YES PENI\IAI\I I$ YES FLAC:i-::,_Y_E_S_
SET-UP FRO�O �125 uvvrnl DATE 7
_
9 ADDRESS 12900 BEACH BLVD.
-----------

INTERSEC

THOMAS GUIDE NEC BEACH & GARDEN GROVE (NEIGHBORHOOD WALMART) SPECIAL INSTRUCTIONS oc
SET STAND AS SHOWN. FRONT OF STAND FACES WALMART

SETBACKS- CURBS

BUILDINGS
C
>. - ;.J
m
::c
0 <(
w
m
STAND BILLBOARDS FACE BEACH BLVD.

SIDEWALK •dM@M�tl
15'
GARDEN GROVE BLVD.
••t+ii=i
25'
ACORD� CERTIFICATE OF LIABILITY INSURANCE 11/1/2023 I �

DATE (MM/DD/YYYY)
11/1/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER Lockton Companies CONTAC1
NAME:
3280 Peachtree Road NE, Suite #250 PHONE
��t)· I rtL!!i, Atlanta GA 30305 E-MAIL
( 404) 460-3600 ADDRESS·

INSURERISI AFFORDING COVERAGE NAICI
INSURER A, Everest lndcmnitv Insurance Comoanv 10851
INSURED American Promotional Events, Inc. INSURER e: Arch Specialtv Insurance Comoany 21199 1359665 DBA TNT Fireworks, Inc. INSURER c: Berkshire Hathaway Homestate Ins Co 20044 555 North Gilbert Avenue INSURERD:

Fullcnon CA 92833 INSURERE:

XXX2575 INSURER F:

COVERAGES CERTIFICATE NUMBER: 12207317 REVISION NUMBER· xxxxxxx

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAJMS.

INSR AODL SUBR
LTR TYPE OF INSURANCE ,.,Qn IW\,n
A.�MERCIAL GENERAL LIABILITY y I
N
'---'--CLAIIAS-MAOE l X l OCCUR
.__ LJ
GEN'L AGGREGATE LIMIT APPLIES PER: Fl POLICY □ m�T lxl LOC OTHER;
�
AUTOMOelLE UAelUTY

ANY AUTO
I- OWNED 8 SCHEDULED

I- AUTOS ONLY AUTOS

HIRED NON-OWNED

I- AUTOS ONLY AUTOS ONLY
B X UIABRELLA LIAB �X OCCUR Y N
EXCESS 1 CLAIMS-MADEi LIAB
OED I I RETENTION s I
WORKERS co,1PENSATION N
AND EMPLOYERS" LIABILITY YIN
AfN PROPRIETORl?ARTNERIEXEC\JTIVE llil OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH)
gi;t�rtr.� �lgPERA TIONS below

POLJCY EFF POLICY EXP
POLICY NUMBER /MM/DDIYYYY\ IMM/DO/YYYYl
SIRGL0024222 I I 1/1/2022 11/1/2023

NOT APPLICABLE
UXP0056189-09 1111,2022 11/1/2023
I
A \I\VC34808-J I 111112022 I 11112023
I
I
LIMITS

EACH OCCURRENCE
[l)AMAGE TO RE�ITEO
,..PREMISES {Ea QCGUrrence)
MEO EXP(� one pa,-,)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PROOUCTS - COMP/OP AGG
COMBINED SINGLE LIMIT �aaecidenll
BOOIL y INJURY (Per porso,i)
r--BOOIL y INJURY (Per ecc,danl)
�'1>ROPERTY DAMAGE
AWC!entJ
£A.CH OCCURRENCE t-
,-AGGREGATE
J PER � STATUTE
OTHER
E.L. EACH ACCIDENT
s 1.000 000
s 500 000
s 5 000
s I 000 000
s 2 000 000
s 2 000 000
$
s xxxxxxx
$ xxxxxxx
$ xxxxxxx
sxxxxxxx
s xx:xxxxx
s 5 000 000
s 5,000.000
s xxxxxxx
s l 000 000
E.L. DISEASE - EA EMPLOYEE S 1,000 000
E.L. DISEASE - POLICY LIMIT j $ 1.000.000
I
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Romark• Schedule, may bt attached if more spoce is required) Addilion:11 l.nsureu: Prope11y locatcu at 12640 Gcuch Cllvd., S1u111011, CA (X,"<-,"'<2575} Certificate holder is an adul1ional insured on the General Liability as required by written wntract subj�cl 10 policy tcnns, conditions, and exclusions.

CERTIFICATE HOLDER
12207317
Youth Assistance Foundation of Seamon & City of
Stanton their officers, agents and employees
when acting in their official capacities as such
7800 Kate Ila Avenue
Stanlon CA 90680

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

ACORD 25 (2016/03)
fl STATE OF CALIFORNIA, NATURAL RESOURCES AGENCY
• DEPARTMENT OF FORESTRY AND FIRE PROTECTION
�
. " RETAIL FIREWORKS LICENSE APPLICATION
FWX-15 (REV. 12/18)
Complete and return all copies to the Office of State Fire Marshal with the required fee of $50.00 made payable to "CAL FIRE". Applications must be received prior to June 15th of the current year.

LICENSEE INFORMATION
Fire Engineering
Office of the State Fire Marshal
PO Box 944246, Sacramento, CA
94244-2460
(916) 568-2948
Name (Last, First): HIATT, SONYA IPhone Number:

Mailing Address (Street Address, City, CA, Zip):555 N. Gilbert St., Fullerton, CA, 92833 Local Contact Person and Phone Number (if different from Licensee above): TERESA WIIG, (714) 738-1002

STAND INFORMATION
Group Name: YOUTH ASSISTANCE FOUNDATION -XXX2575
Physical Address (Street Address, City, CA, Zip): 12640 BEACH BLVD., STANTON, CA, 90680 County of Stand Location: Orange

WHOLE SALE FIREWORK VENDOR INFORMATION
Business Name: AMERICAN PROMOTIONAL EVENTS-WEST License No.: W-1081 Contact Name: HIATT, SONYA Phone Number: 714-738-1002

FIRE AUTHORITY HAVING JURISDICTION
Fire Department: Orange County Fire Authority
Signature of Fireworks Program Coordinator Signature of Licensee -NOTICECAL Fire Validation No.
4068
Valid Through
06/28/2023-07/06/2023
03/09/2023
Date

COPY OF THIS NOTICE MUST BE POSTED AT STAND WITH A COPY OF THE LOCAL PERMIT A validated license has been issued to the organization shown above for the sale of Safe and Sane fireworks at the location indicated. After a permit has been issued by the authority having jurisdiction this license allows the sale of only classified "Safe and Sane" fireworks at the approved location from NOON, June 28th to NOON, July 6th, of the year indicated. NOTE: Retail licensees are required to be atleast 21 years of age, employees of fireworks stand must be at least 18 and fireworks may not be sold to anyone under age of 16 For CAL FIRE DAO Use Only: lndex-5942, PCA-59420, Source Code- 4129400

DISPLAY THIS PERMIT CONSPICUOUSLY AT THE PLACE OF BUSINESS FOR WHICH IT IS ISSUED

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

TEMPORARY SELLER'S PERMIT

PERMIT NUMBER
1210722848 - 00001 7

YOUTH ASSISTANCE FOUNDATION OF STANTON

YOUTH ASSISTANCE FOUNDATION OF STANTON
12640 BEACH BLVD
L
T ANTON CA 90680-4008
J

IS HEREBY AUTHORIZED TO ENGAGE IN THE BUSINESS OF

SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE
LOCATION.

EFFECTIVE DATE:

July 1, 2023 thru July 4, 2023

YOU ARE REQUIRED TO OBEY ALL FEDERAL AND

STA TE LAWS THAT REGULA TE OR CONTROL
YOUR BUSINESS. THIS PERMIT DOES NOT ALLOW
YOU TO DO OTHERWISE.

PLEASE RETAIN THIS DOCUMENT FOR YOUR
RECORDS.

THIS PERMIT IS VALID FOR THE PERIODS SHOWN AND IS NOT TRANSFERABLE.

FOR GENERAL TAX QUESTIONS, PLEASE CALL OUR CUSTOMER SERVICE CENTER AT 1-800-400-7115 (CRS:711).

FOR INFORMATION ON YOUR RIGHTS, CONTACT THE TAXPAYERS' RIGHTS ADVOCATE OFFICE AT 1-888-324-2798.

CDTFA-442-ST REV. 9 (2-22)

A MESSAGE TO OUR PERMIT HOLDER
As a permitee, you have certain rights and responsibilities under the Sales and Use Tax Law. For assistance, we offer the following resources:

Our website at www.cdtfa.ca.gov.

Our toll-free Customer Service Center at 1-800-400-7115 (CRS:711 ). Customer service representatives are available Monday through Friday from 7:30 a.m. to 5:00 p.m. (Pacific time), except state holidays.

As a permittee, you are expected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years, and make them available for inspection by a California Department of Tax and Fee Administration (CDTFA) representative when requested.

You are also required to know and charge the correct sales or use tax rate, including any local and district taxes.

You must notify us if you are buying, selling, adding a location, or discontinuing your business; adding or dropping a partner, officer, or member; or when you are moving any or all of your business locations. This permit is valid only for the owner specified on the permit. A person who obtains a permit and ceases to do business, or never commenced business, shall surrender their permit by immediately notifying CDTFA in writing at this address: California Department of Tax and Fee Administration, Field Operations Division, P.O. Box 942879, Sacramento, CA 94279-0047. You may also surrender the permit to a CDTFA representative.

If you would like to know more about your rights as a taxpayer, or if you are unable to resolve an issue with CDTFA, please contact the Taxpayers' Rights Advocate Office for help by calling 1-888-324-2798 or by faxing 1-916-323-3319.

As authorized by law, information provided by an applicant for a permit may be disclosed to other government agencies.

DocuS1gn Envelope ID: 36270482·6908-4081-BFF2-23FF20536584 7800 Katella Avenue· Stanton, California 90680
(714) 3 79-9222

APPLICATION FOR BUSINESS CERTIFICATE
Sales or use tax may apply to your business activities. You may seek written advice regarding the application of tax to your particular business by writing to the nearest State Board of Equalization office.

Please Print
Business Name: YOUT H ASSISTANCE FOUNDATION OF STANTON
Business Owner: ANN NGUYEN -CEO OR AM P SCHOONOVER -SECRETARY Business Location: (AIL M ATTN: PAMELA SCHOONOVER)
1ty tate Ip
Mafling Address: _
S_
A
_
M_
E _
A
,_
S
-i::

A=B:c
O
::::

V
=
E
==:--7:.;:;;-;;----�::.:-�---,-r:::----====�atc -.,,....,..� ------ Business Phone· PAM'::; CELL)
Ownership Type: □Corporation D Partnership D Sole Proprietor If Corporation, List Officers and Titles --------------------------- CEO-AN N NGUYEN; CFO - PAM SCHOO NOVER; SECRETARY -NANCY HEIT MAN; Federal/State Emp�o. _______
S
_
ta
_t
_
e
_
S
_
a
-
le_
s
_
T
_
a
_
x
_
N
_
o
_
.
-LP
_EA
_
SE__S_EE_A
.__
TT
_A
_
C
_
HE_D_____ _
State License No. =--===:__ __________ Class __________________ _ Owner's Drivers License No, ___________ Social Security No. _____________ _ Opening Date at This Location _J_U_L Y_1.:..., 2_
02_3 ______ Social Security No. _____________ _
□ New Business
□
□
New Owner (List Previous Owner) ___________________________ _ Business Name Change (List Previous Name) ______________________ _ D Address Change (List Previous Address)
3/31/2023
Applicant's Signature Date ________ _
Business Certificate will be issued only after approval of the inspecting departments. Certificate will be mailed upon approval.

FOR OFFICE USE ONLY
Bus. No. ______ Class ______ Bus. Group _____ 101-7315-315001 BIL Fee _____ _ Rate Code Units Unit Desc. _____ I0J-7315-315002 Appl. Review ____ _ BOE/CAT. Remarks Total
White - Original Business License Yellow - Accounting Pink - Applicant's Receipt -------
DocuSign Envelope ID: 36270482-6908-4081-BFF2-23FF20536584 .��'111 ��;�6�
D Special Event Permit(� D Special Event Amendment ($20} O Temporary Use Permit ($155.00) . Business Name

YOUTH ASSISTANCE FOUNDATION-OF STANTON
Applicant Na�e ANN NYUGEN/ PAM SCHOONOVER Daytime Phone --- Event Address 12640 BEACH BLVD. Event Type FIREWORKS BOOTH Event 0escrfptlon FIREWORKS FUNDRAJSING SALES
Non-Profit Event?0 YES [Zl NO O • Dates --'--- 7 / 1 to 7 / 4 Hours 9am to 9m .,.Proof of Non-Profit Status requlred prior to approval or at time of applkatlon.•• .ADDITIONAL INFORMATION
Will any parking spaces be blocl<ed off? YES(ZI
WDI any aisles or dr�1eways be obstructed? vE.50
Types of advertising devices to be used? (mark all that apply) ONone [Z}lanners [{}lags/Pennants 01yers 0 In-store promo [Z]other, please 11st _
A-_F_RA__M_Es_;_L_I
G_
H
_T_s _____________________ _
Will you be using outdoor electrical equipment? (extension cords, power strips, outdoor lighting, etc.) · YES[Z] 11100 If yes, please describe --

GENERAT ----

OR -----------------
Will you be using any temporary structures such as tents, booths, etc.?*• ves[Z] 11100 lfyes,pleasedescrlbe _
E
0 _z_-u_P_s __________________ _
A site plan Including all above-noted Information Is required at time of appncatton."* I hereby state that this, along with the attached diagram, Is a true representat.ion of the proposed sales event I understand that the conduct of any activities not hereby approved, or which are in vlolatlon of local ordinances, will be grounds for termination of the event. I understand that If Orange County Sheriff Department Services are required as a result of this event, I wlll be required to pay for said services. 3/31/2023
Signature of Event Opera tor ______ oate _________ _

PROPERTY OWNER INFORMATION
Properly Owner(s) Name
Address see attache
d
_se_e_a_tt_a_ch_e_d ________ Day
time Phone _________ _
I hereby give authorization to the above-mentioned person(s) for the above mentioned event to be conducted on my 'property located at ___ese_atta_ched ________ __,, ________________ _ (property address) Signature of Property Owner
_
s
_
ee__
a
_
uca_h_e_d __________
Date

CITY USE ONLY
Approval YES□ N00 Approved By ___________ Date
Rcmnrks
Effective July 1, 2016

CITY OF STANTON

REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
DATE: May 23, 2023
SUBJECT: RESOLUTIONS TO SUBMIT APPLICATIONS FOR THE LAND AND

WATER CONSERVATION FUND, STANTON CENTRAL PARK

IMPROVEMENT PROJECT AND DOTSON PARK SPLASH PAD
REPORT IN BRIEF:

Staff are seeking approval of Resolution No. 2023-09 and Resolution No. 2023-10, authorizing applications for the Land and Water Conservation Fund (LWCF) Grant for the Stanton Central Park Improvement Project and Dotson Park Splash Pad.

RECOMMENDED ACTION:

1. City Council declare that this item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3); and

2. Adopt Resolution No. 2023-09, approving an application for the Land and Water Conservation Fund grant, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA APPROVING THE APPLICATION FOR THE LAND AND

WATER CONSERVATION FUND FOR THE STANTON CENTRAL PARK
IMPROVEMENT PROJECT”; and

3. Adopt Resolution No. 2023-10, approving an application for the Land and Water Conservation Fund grant, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STANTON,

CALIFORNIA APPROVING THE APPLICATION FOR THE LAND AND

WATER CONSERVATION FUND FOR THE DOTSON PARK SPLASH PAD
IMPROVEMENT PROJECT”.

Item: 9H
Click here to return to the agenda.
2 BACKGROUND:

On January 23, 2023, the Parks, Recreation and Community Services Commission met to discuss their budget priorities and recommendations for the coming fiscal year.

Commissioners highlighted requests from the community for various programs and projects, including a request to upgrade the Stanton Central Park tennis courts.

Stanton Central Park was completed in June of 2016; however, the tennis courts were not renovated as part of this project. Commissioners asked staff to address the dated surfacing, inadequate lighting, add dividers to the courts and replace the fencing.

The Stanton City Council met on Tuesday, May 16, 2023, for a Budget Workshop and reviewed the priorities recommended by the Commission. The City Council directed staff to apply for the LWCF grant to support the renovation of the Stanton Central Park tennis courts.

In addition, staff were recently notified of emergency repairs needed for the Dotson Park splash pad, at a cost that was not anticipated or budgeted. The City Council directed staff to seek funding for a complete replacement of the amenity as opposed to the temporary repairs. Council members also noted the value and high need for this type of amenity in the Dotson Park neighborhood, as residents have expressed that this is their only accessible relief during hot summer months.

LWCF grants provide funding for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians.

ANALYSIS AND JUSTIFICATION:

Applications for the LWCF grant are due June 1, 2023. The applications must include confirmation that the City Council has adopted a resolution authorizing the application as a requirement for eligibility. Resolution No. 2023-09 and No. 2023-10 are included as Attachments A and B.

An estimated $30 million is available for this grant cycle in California. Local agencies can request a maximum of $6 million and a 50% match is required for all projects. Applications will be reviewed over the summer and awardees will be notified in the Winter of 2023, see program timeline in Attachment C.

Staff are working to finalize the detailed budget narratives, CEQA compliance, site plans, and other required documents. At Stanton Central Park, an estimated $450,000 will be required to complete the renovation of the tennis courts and address concerns with the existing infrastructure surrounding the courts. An estimated $425,000 will be required to complete the replacement of the splash pad at Dotson Park. 3 FISCAL IMPACT:

If the City is successful in securing grant funding for 50% of the project costs, then the City would need to fund $225,000 of the total project costs (50%) for Stanton Central Park and $212,500 of the total project costs at Dotson Park to satisfy the grant’s matching requirement. The City Council could choose to fund the matching requirements from a number of discretionary sources, including: the General Fund (#101), the Park In-Lieu Fees Fund (#310) (if additional revenue is available), or the American Rescue Plan Act (ARPA) Fund (#257).

ENVIRONMENTAL IMPACT:

None. This item is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly).

PUBLIC NOTIFICATION:

Public notification provided through the regular agenda process.

LEGAL REVIEW:

None.

STRATEGIC PLAN OBJECTIVE(S) ADDRESSED:

Obj. No. 3: Provide a quality infrastructure.

Obj. No. 5: Provide a high quality of life.

Prepared by: Zenia Bobadilla, Community Services Director Fiscal Impact Reviewed by: Michelle Bannigan, Finance Director Approved by: Hannah Shin-Heydorn, City Manager
Attachment(s):

A. Resolution No. 2023-09
B. Resolution No. 2023-10
C. Program Timeline
RESOLUTION NO. 2023-09

Page 1 of 2 ends

Stanton City CouncilMay 23, 2023

Stanton City Council
May 23, 2023