HomeMy WebLinkAboutC2019-028 Contract No. 2019-028
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PLAYCORE WISCONSIN, INC.
THIS COOPERATIVE PURCHASING AGREEMENT(this"Agreement")is entered into
as of October 16, 2018, between the Town of Fountain Hills, an Arizona municipal corporation
(the "Town"), and PlayCore Wisconsin, Inc., a Wisconsin corporation, d/b/a GameTime (the
"Contractor").
RECITALS
A. After a competitive procurement process, City of Charlotte, a North Carolina
municipal corporation(the"City")entered into Contract No. 2017001134,dated July 1, 2017,(the
"City Contract"), for the Contractor to provide playground equipment, outdoor fitness equipment,
surfacing, and site accessories. A copy of the City Contract is attached hereto as Exhibit A and
incorporated herein by reference, to the extent not inconsistent with this Agreement.
B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make
purchases under the City Contract, at its discretion and with the agreement of the awarded
Contractor,and the City Contract permits its cooperative use by other public entities, including the
Town.
C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the City Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the
Town with playground equipment, outdoor fitness equipment, surfacing, and site accessories, as
more particularly set forth in Section 2 below on an "as-required" basis (the "Materials and
Services") and (iii) setting the maximum aggregate amount to be expended pursuant to this
Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until December 31, 2019, unless terminated as
otherwise provided in this Agreement or the City Contract.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for
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2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Materials and Services under the terms and conditions of the City Contract. The Town does
not guarantee any minimum or maximum number of purchases will be made pursuant to this
Agreement. Purchases will only be made when the Town identifies a need and proper
authorization and documentation have been approved. For purchase(s) determined by the Town
to be e appropriate for this Agreement, the Contractor shall provide the Materials and Services to
the Town in such quantities and configurations agreed upon between the parties, in a written
invoice, quote, work order or other fonn of written agreement describing the work to be
completed (each, a "Work Order"). Each Work Order approved and accepted by the parties
pursuant to this Agreement shall (i) contain a reference to this Agreement and the City Contract
and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders
submitted without referencing this Agreement and the City Contract will be subject to rejection.
2.1 Inspection; Acceptance. All Materials and Services are subject to final
inspection and acceptance by the Town. Materials failing to conform to the requirements of this
Agreement and/or the City Contract will be held at Contractor's risk. If so returned, all costs are
the responsibility of the Contractor. Upon discovery of non-conforming Materials or Services,
the Town may elect to do any or all of the following by written notice to the Contractor: (i)
waive the non-conformance; (ii) stop the work immediately; or (iii) bring Materials or Service
into compliance and withhold the cost of same from any payments due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel Work Orders within a
reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to
reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor
due to and after issuance of the Work Order. The Town will not reimburse the Contractor for
any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of
product prior to issuance of Work Order or for anything not expressly permitted pursuant to this
Agreement.
3. Compensation. The Town shall pay Contractor an aggregate amount not to exceed
$100,000.00 for the Materials and Services at the unit rates set forth in the City Contract.
4. Payments. The Town shall pay the Contractor monthly, based upon acceptance
and delivery of Materials and/or Services performed and completed to date, and upon submission
and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the
City Contract and (ii) document and itemize all work completed to date. The invoice statement
shall include a record of materials delivered, time expended and work performed in sufficient
detail to justify payment. Additionally, invoices submitted without referencing this Agreement
and the City Contract will be subject to rejection and may be returned.
5. Records and Audit Rights. To ensure that the Contractor and its subcontractors
are complying with the warranty under Section 6 below, Contractor's and its subcontractors'
books, records, correspondence, accounting procedures and practices, and any other supporting
evidence relating to this Agreement, including the papers of any Contractor and its
subcontractors' employees who perform any work or services pursuant to this Agreement (all of
the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to
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audit and/or reproduction during normal working hours by the Town, to the extent necessary to
adequately permit (i) evaluation and verification of any invoices, payments or claims based on
Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this
Agreement and (ii) evaluation of the Contractor's and its subcontractors' compliance with the
Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the
Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby
waive any rights to keep such Records confidential. For the purpose of evaluating or verifying
such actual or claimed costs or units expended, the Town shall have access to said Records, even
if located at its subcontractors' facilities, from the effective date of this Agreement for the
duration of the work and until three years after the date of final payment by the Town to
Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town
with adequate and appropriate workspace so that the Town can conduct audits in compliance
with the provisions of this Section. The Town shall give Contractor or its subcontractors
reasonable advance notice of intended audits. Contractor shall require its subcontractors to
comply with the provisions of this Section by insertion of the requirements hereof in any
subcontract pursuant to this Agreement.
6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-
4401, the Contractor and its subcontractors warrant compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with the E-verify
requirements under ARIZ. REV. STAT. § 23-214(A). Contractor's or its subcontractors' failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result
in the termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a "boycott," as that term is defined in ARIZ.
REV. STAT. § 35-393, of Israel.
8. Conflict of Interest. This Agreement may he canceled by the Town pursuant to
ARIZ.REV.STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the
State of Arizona and a suit pertaining to this Agreement may he brought only in courts in
Maricopa County,Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its
obligations set forth in this Agreement as may lawfully be made from funds appropriated and
budgeted for that purpose during the Town's then current fiscal year. The Town's obligations
under this Agreement are current expenses subject to the "budget law" and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no
obligation or duty of good faith to budget or appropriate the payment of the Town's obligations
set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which
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this Agreement is executed and delivered. The Town shall be the sole judge and authority in
determining the availability of funds for its obligations under this Agreement. The Town shall
keep Contractor informed as to the availability of funds for this Agreement. The obligation of the
Town to make any payment pursuant to this Agreement is not a general obligation or
indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim
against the Town from or relating in any way to the Town's termination of this Agreement
pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among
the terms of this Agreement, any Town-approved work orders, the City Contract and invoices,
the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in
conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions
in conflict with the terms of this Agreement or the City Contract (collectively, the "Unauthorized
Conditions"), other than the Town's project-specific requirements, are expressly declared void
and shall be of no force and effect. Acceptance by the Town of any work order or invoice
containing any such Unauthorized Conditions or failure to demand full compliance with the
terms and conditions set forth in this Agreement or under the City Contract shall not alter such
terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its
requirements and obligations in the performance of this Agreement.
12. Rights and Privileges. To the extent provided under the City Contract, the Town
shall be afforded all of the rights and privileges afforded to the City and shall be the "City" (as
defined in the City Contract) for the purposes of the portions of the City Contract that arc
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions
set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to the City to the extent provided under the City Contract, and such
insurance coverage and indemnifications shall inure and apply with equal effect to the Town
under this Agreement including, but not limited to, the Contractor's obligation to provide the
indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof(the Town and
any such person being herein called an "Indemnified Party"), for, from and against any and all
losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable
attorneys' fees, court costs and the costs of appellate proceedings) to which any such
Indemnified Party may become subject, under any theory of liability whatsoever ("Claims"),
insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or
based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in
connection with the work or services of the Contractor, its officers, employees, agents, or any
tier of subcontractor in the performance of this Agreement.
14. Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly
given if(i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail,
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registered or certified, return receipt requested, to the address set forth below or (iii) given to a
recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Pierce Coleman
4711 E. Falcon Drive, Suite 1 1 l
Mesa, Arizona 85215
Attn: Aaron Amson, Town Attorney
If to Contractor: PlayCore Wisconsin, Inc.
d/b/a GameTime
544 Chestnut Street
Chattanooga, TN 37402
Attn: Bill Patterson
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. if
a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
[SIGNATURES ON FOLLOWING PAGES]
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"Town"
TOWN OF FOUNTAIN HILLS,
an Arizona Municipal Corporation
16\A (b Grady E. Miller, wn ager
ATTEST:
4
Elizabet 1 . Burke. Town C
(ACKNOWLEDGEMENT)
STATE OF ARIZONA
) ss.
COUNTY OF MARICOPA )
Ono .33, 2018, before me personally appeared Grady E. Miller, the Town Manager of
the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven
to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged
that he signed the above document, on behalf of the Town of Fountain Hills.
0` ; RHONDA M. BRENNEMAN
..�. ) Notary Public-State of Arizona
� MARICOPA COUNTY Notary Public
' My Commission Expires June 30,2019
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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"Contractor"
PlayCore Wisconsin, Inc. d/b/a GameTime
a Wisconsin corporation
By:
Name: Donald R. King
Its: Director of Sales Administration
(ACKNOWLEDGEMENT)
Tennessee
STATE OF ARIZONA )
Hamilton ) SS.
COUNTY OF MARICOPA )
On October 16 , 2018. before me personally appeared Donald R.King , the
Sales Admin.Director of PlayCore Wisconsin, Inc. d/b/a GameTime, a Wisconsin corporation, whose
identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be,
and acknowledged that he signed the above document,on behalf o the PlayCore Wisconsin, Inc.
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EXHIBIT A
[CITY CONTRACT]
PHOENIX 77018-1 496163v1
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Contract No.2017001134
Vendor No. 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
CONTRACT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT,SITE ACCESSORIES,
SURFACING,AND RELATED PRODUCTS AND SERVICES
This Contract (the "Contract") is entered into as of this 1st day of July 2017 (the "Effective
Date"), by and between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business
in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal
corporation (the"City").
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground
Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and
Services dated January 25, 2017. This Request for Proposals together with all attachments and
addenda, is referred to herein as the"RFP": and
WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March
16, 2017. This Proposal, together with all attachments and separately sealed confidential trade
secrets, is referred to herein as the "Proposal"and is incorporated into this Contract by reference.
WHEREAS, the City awarded this Contract on May 8, 2017 to Company to provide Playground
Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and
Services to the City all in accordance with the terms and conditions set forth herein.
WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school
districts,and higher education institutions in the United States of America,and other government
agencies and nonprofit organizations (herein "Participating Public Agencies"), competitively
solicited and awarded the Contract to the Company. The City has designated U.S. Communities
as the administrative and marketing conduit for the distribution of the Contract to Participating
Public Agencies.
The City is acting as the "Contracting Agent" for the Participating Public Agencies,and shall not
be liable or responsible for any costs, damages, liability or other obligations incurred by the
Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with
each Participating Public Agency concerning the placement of orders, issuance of purchase
orders,contractual disputes, invoicing, payment and all other matters relating or referring to such
Participating Public Agency's access to the Contract.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing
Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public
Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the
Participating Public Agency shall be construed to be in accordance with, and governed by, the
laws of the state in which the Participating Public Agency resides.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged, and in further consideration of the covenants and representations
contained herein, the parties agree as follows:
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Contract No.2017001134
Vendor No. 121531
CONTRACT
1. EXHIBITS.
The Exhibits below are hereby incorporated into and made a part of this Contract. In
interpreting this Contract and resolving any ambiguities, the main body of this Contract will
take precedence over the Exhibits, and any inconsistency between the Exhibits will be
resolved in the order in which the Exhibits appear below. Each reference to GameTime in the
Exhibits and Appendices shall be deemed to mean the Company.
EXHIBIT A: Discount Schedule, Price Lists,and Incentives
EXHIBIT B: Installation Fees
EXHIBIT C: National Network of Distributors and Installers
EXHIBIT D: Freight Rate Schedules
EXHIBIT E: Product Warranties
EXHIBIT F: Scope of Work
EXHIBIT G: U.S. Communities Administrative Agreement
2. DEFINITIONS.
As used in this Contract,the following terms shall have the meanings set forth below:
Acceptance: Refers to receipt and approval by the City of a Deliverable or
Service in accordance with the acceptance process and criteria in
this Contract.
Affiliates: Refers to all departments or units of the City and all other
governmental units, boards, committees or municipalities for
which the City processes data or performs Services.
Biodegradable: Refers to the ability of an item to be decomposed by bacteria or
other living organisms.
Charlotte Business Refers to the Charlotte Business Inclusion office of the City
Inclusion (CBI): of Charlotte.
Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined
Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties of
Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Rowan, Stanly, and Union; and (b) the South
Carolina counties of Chester, Lancaster, and York; a criteria
used by Charlotte Business INClusion to determine eligibility to
participate in the program.
City: Refers to the City of Charlotte,North Carolina.
Company: Refers to a company that has been selected by the City to
provide the Products and Services of this Contract.
Company Project Refers to a specified Company employee representing the
Manager: best interests of the Company for this Contract.
Contract: Refers to a written agreement executed by the City and Company
for all or part of the Services.
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Contract No. 2017001134
Vendor No. 121531
Deliverables: Refers to all tasks, reports,information,designs,plans,and other
items that the Company is required to deliver to the City in
connection with the Contract.
Documentation: Refers to all written, electronic, or recorded works that describe
the use, functions, features, or purpose of the Deliverables or
Services or any component thereof, and which are provided to
the City by the Company or its subcontractors,including without
limitation all end user manuals, training manuals, guides,
program listings,data models,flow charts,and logic diagrams.
Environmentally Refers to Products that have a lesser or reduced effect on
Preferable Products: human health and the environment when compared with
competing Products that serves the same purpose. This
comparison may consider raw materials acquisition, production,
manufacturing, packaging, distribution, reuse, operation,
maintenance,or disposal of the product.
Lead Public Agency: Refers to the City of Charlotte,North Carolina.
Master Agreement: Refers to the Agreement that is made available by the Lead
Public Agency after the successful completion of the competitive
solicitation and selection process, wherein Participating Public
Agencies may utilize the agreement to purchase Products and
Services.
Minority Business
Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the State of
North Carolina as a Historically Underutilized Business (HUB)
within the meaning of N.C. Gen. Stat. § 143-128.4; (b) is at least
fifty-one percent (51%) owned by one or more persons who are
members of one of the following groups: African American or
Black, Hispanic, Asian, Native American or American Indian;
and (c) is headquartered in the Charlotte Combined Statistical
Area.
MWSBE: Refers to SBEs,MBEs and WBEs,collectively.
Participating Public
Agency: Refers to all states, local governments, school districts, and
higher education institutions in the United States of American,
and other governmental agencies and nonprofit organizations
that elect to purchase Products and Services under the Master
Agreement.
Products: Refers to all Products that the Company agrees to provide to the
City as part this Contract.
Services: Refers to the Playground Equipment, Outdoor Fitness
Equipment, Surfacing, Site Accessories and Related Products
and Services as requested in this RFP.
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Contract No.2017001134
Vendor No. 121531
Specifications and Refers to all definitions,descriptions,requirements,criteria,
Requirements: warranties, and performance standards relating to the
Deliverables and Services that are set forth or referenced in: (i)
this RFP, including any addenda; (ii) the Documentation; and
(iii) any functional and/or technical specifications that are
published or provided by the Company or its licensors or
suppliers from time to time with respect to all or any part of the
Deliverables or Services.
3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date
with an option to renew for two(2) additional two-year terms.This Contract may be extended
only by a written amendment to the contract signed by both parties.
4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
4.1 The Company shall provide the Products and Services in accordance with the terms
and conditions set forth in this Contract and the attached Exhibits when ordered
from time to time by the City. Except as set forth Exhibit A, the prices set forth in
Exhibit A constitute all charges payable by the City for the Products and Services,
and all labor, materials, equipment, transportation, facilities, storage, information
technology, permits, and licenses necessary for the Company to provide the
Products and Services. The Company shall perform any Services for the City on
site at the City's facilities in Charlotte, North Carolina, except as otherwise stated
in this Contract or agreed in writing by the City.
4.2 Placement of Orders: All orders will be placed by personnel designated by the City
on an as needed basis for the quantity required at the time during the term of the
Contract.
5. OPTIONAL PRODUCTS AND SERVICES: The City may in its discretion purchase
from the Company optional Products and Services beyond what is called for in the
Specifications, provided that such purchase does not create unfairness so as to defeat the
purpose of the bid statutes, and provided the City is authorized by law to make such
purchases without a formal bid process.
6. DOCUMENTATION: the Company will provide for all products purchased under this
contract written or electronic documentation that is complete and accurate,and sufficient to
enable City employees with ordinary skills and experience to utilize such products for the
purpose for which the City is acquiring them.
7. COMPENSATION. The City shall pay the company for the products and services
delivered in compliance with the specifications at the prices set forth in Exhibit A. This
amount constitutes the maximum fees and charges payable to the company in the aggregate
under this contract and will not be increased except by a written amendment duly executed
by both parties in compliance with the price adjustment provisions set forth in Exhibit c.
The company shall not be entitled to charge the City any prices, fees or other amounts that
are not listed in Exhibit A.
S. PRICE ADJUSTMENT.
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Contract No.2017001134
Vendor No. 121531
8.1 The price(s) stated in this Contract shall remain firm through December 31, 2017.
Company may request price increases in writing, in accordance with the following
terms:
8.1.1 Price increases shall only be allowed when justified in the City's sole
discretion based on legitimate, bona fide increases in the cost of materials.
No adjustment shall be made to compensate the Company for inefficiency in
operation, increase in labor costs,or for additional profit.
8.1.2 To obtain approval for a price increase, the Company shall submit a written
request at least sixty (60) days prior to each calendar year during the term of
the contract. All requests must be submitted to the Procurement Management
Division representative, at the address listed below, together with written
documentation sufficient to demonstrate that the increase is necessary based
on a legitimate increase in the cost of materials. The request must state and
fully justify the proposed price increase per unit over the price originally
proposed.
City of Charlotte
M&FS Finance Office/Procurement Management
600 East Fourth Street
Charlotte,NC 28202
8.1.3 No proposed price increase shall be valid unless accepted by the City in
writing. The City may approve such price increase for the remaining tenn of
the Contract or for a shorter specified period, in the City's sole discretion. If
the City rejects such price increase,the Company shall continue performance
of the Contract.
8.1.4 If the City approves a price increase pursuant to this Section and the market
factors justifying the increase shift so that the increase is no longer justified,
the City shall have the right to terminate the price increase and revert back to
the prices that were in effect immediately prior to the increase. The
Company shall notify the City in writing if the market factors on which the
City granted the increase change such that the City's reasons for granting the
increase longer apply.
8.2 If the Company's unit prices for any Products and/or Services should decrease, the
Company shall provide the affected Products and/or Services at the lower
discounted price. The Company will provide the City with prompt written notice of
all decreases in unit prices.
8.3 If a Product becomes unavailable, or if a new Product becomes available, the
Company promptly will send the City a proposed revised version of Exhibit A.
The City reserves the right to add or delete items to this Contract if particular items
should become discontinued or an upgraded item becomes available to the industry
market. Any new or replacement items added may be subject to bid statute
requirements. The City may also delete radio and communication equipment items
included in this Contract if items are no longer needed or no longer issued as part
of radios and communication equipment. At no additional cost to the City, the
Company may substitute any Product or Service to be provided by the Company,if
the substitute meets or exceeds the Specifications, is compatible with the City's
operating environment and is of equivalent or better quality to the City. Any
substitution will be reflected in a written signed change order.
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Contract No.2017001134
Vendor No. 121531
9. BILLING. Each invoice sent by the Company shall include all reports, information and
data required by this Contract (including the Exhibits) necessary to entitle the Company to
the requested payment. The Company shall send one (1) copy only of each invoice using
one of the following options:
Option 1 —E-mail one copy of each invoice to cocao@charlottenc.gov. Company shall not
mail invoices that have been sent via e-mail.
Option 2—Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box 37979
Charlotte,NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax. The Company shall include all applicable State
and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty (30) days after the City has received all of
the following: (a) an accurate,properly submitted invoice, (b) all reports due for the month
covered by the invoice; and (c) any other information reasonably requested by the City to
verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING: The City shall have the right to audit the Company's
compliance with the terms and conditions of the Contract at such times as the City deems
appropriate. Unless the City elects to terminate the Contract, the Company shall develop a
written action plan to correct any Contract deficiency identified during these compliance
audits, and shall submit such plan to the City within thirty(30)days of notification of non-
compliance.
11. REPORTING: The Company shall provide such written reports of purchasing and
expenditures as may be requested by the City from time to time, including without
limitation any reports described in the Specifications.
12. AUDIT: During the term of the Contract and for a period of three (3) years after
termination or expiration of this Contract for any reason, the City shall have the right to
audit, either itself or through a third party, all books and records(including but not limited
to the technical records) and facilities of the Company necessary to evaluate Company's
compliance with the terms and conditions of the Contract or the City's payment
obligations. The City shall pay its own expenses, relating to such audits, but shall not have
to pay any expenses or additional costs of the Company. However, if non-compliance is
found that would have cost the City in excess of$5,000 but for the audit, then the Company
shall be required to reimburse the City for the cost of the audit.
13. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the
laws of the state of Alabama,and is qualified to do business in North Carolina;
13.2 It has all the requisite corporate power and authority to execute, deliver and perform
its obligations under this Contract;
13.3 The execution, delivery,and performance of this Contract have been duly authorized
by Company;
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Contract No.2017001134
Vendor No. 121531
13.4 No approval, authorization or consent of any governmental or regulatory authority is
required to be obtained or made by it in order for it to enter into and perform its
obligations under this Contract;
13.5 In connection with its obligations under this Contract, it shall comply with all
applicable federal, state and local laws and regulations and shall obtain all applicable
permits and licenses;and
13.6 The Company shall not violate any agreement with any third party by entering into or
performing this Contract.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents
warrants and covenants that:
14.1 The Products and Services shall comply with all requirements set forth in this
Contract,including but not limited to the attached Exhibits;
14.2 All work performed by the Company and/or its subcontractors pursuant to this
Contract shall meet industry accepted standards, and shall be performed in a
professional and workmanlike manner by staff with the necessary skills, experience
and knowledge;
14.3 Neither the Services, nor any Products provided by the Company under this Contract
will infringe or misappropriate any patent, copyright, trademark or trade secret rights
of any third party; and
14.4 The Company and each of its subcontractors have complied and shall comply in all
material respects with all applicable federal, state and local laws, regulations and
guidelines relating to the performance of this Contract or to the products and services
delivered hereunder, including but not limited to E-Verify, and shall obtain all
applicable verifications,permits, and licenses.
15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract
shall be in compliance with all applicable federal, state and local laws, regulations and
ordinances. In performing the Contract, the Company shall obtain and maintain all licenses
and permits,and comply with all federal, state and local laws, regulations and ordinances.
16. DELIVERY TIME: When delivery time is requested in the RFP, (whether in the form of
a specific delivery date or maximum number of days for delivery) time is of the essence.
The Company's Bid shall be deemed a binding commitment of the Company to meet the
delivery time stated herein unless the Bid specifically takes exception. If such delivery
time is not met, the City shall be entitled to terminate the Contract immediately for default
and/or exercise any other remedies available at law or in equity.
17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all
components used to manufacture or construct any supplies, materials or equipment or
Products provided under this Contract shall be: (a) new;(b)the latest model; (c)of the best
quality and highest grade workmanship; and (d) in compliance with all applicable federal,
state and local laws. regulations and requirements. By "new", the City means that the item
has been recently produced and has not been previously sold or used.
Whenever this Contract states that a Product or Service shall be in accordance with laws,
ordinances, building codes, underwriter's codes, applicable A.S.T.M. regulations or similar
expressions, the requirements of such laws, ordinances, etc., shall be construed to be
minimum requirements that are in addition to any other requirements that may be stated in
this Contract.
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18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services
shall meet the Specifications set forth in Section 4 of the RFP.
19. INSPECTION AT COMPANY'S SITE: The City reserves the right to inspect the
equipment, plant, store or other facilities of the Company during the Contract term from
time to time as the City deems necessary to confirm that such equipment, plant, store or
other facilities conform with the Specifications and are adequate and suitable for proper and
effective performance of the Contract. Such inspections shall be conducted during normal
business hours and upon at least three(3) days' notice to the Company (except that a store
may be inspected at any time during regular store hours without notice).
20. PREPARATION FOR DELIVERY:
20.1 Condition and Packaging. All containers/packaging shall be suitable for handling,
storage or shipment, without damage to the contents. The Company shall make
shipments using the minimum number of containers consistent with the
requirements of safe transit, available mode of transportation routing. The
Company will be responsible for confirming that packing is sufficient to assure that
all the materials arrive at the correct destination in an undamaged condition ready
for their intended use.
20.2 Marking. All cartons shall be clearly identified with the City purchase order number
and the name of the department making the purchase. Packing lists must be affixed
to each carton identifying all contents included in the carton. If more than one
carton is shipped, each carton must be numbered and must state the number of that
carton in relation to the total number of cartons shipped(i.e. 1 of 4,2 of 4,etc).
20.3 Shipping. The Company shall follow all shipping instructions included in the ITB,
the City's purchase order or in the Contract.
21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products delivered under this
Contract shall remain the property of the Company until the City physically inspects,
actually uses and accepts the Products. In the event Products provided to the City do not
comply with the Contract, the City shall be entitled to terminate the Contract upon written
notice to the Company and return such Products (and any related goods) to the Company at
the Company's expense. In the event the Services provided under this Contract do not
comply with the Contract, the City reserves the right to cancel the Service and rescind any
related purchase of products upon written notice to the Company. The remedies stated in
this Section are in addition to and without limitation of any other remedies that the City
may have under the Contract, at law or in equity.
22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally
guarantees the materials and workmanship on all Products and Services. If, within the
guarantee period any defects occur due to a faulty Product or Services (including without
limitation a failure to comply with the Specifications), the Company at its expense, shall
repair or adjust the condition, or replace the Product and/or Services to the complete
satisfaction of the City. These repairs, replacements or adjustments shall be made only at
such time as will be designated by the City to ensure the least impact to the operation of
City business.
23. NO LIENS: All Products shall be delivered and shall remain free and clear of all liens and
encumbrances.
24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer
shall advertise on Products delivered to the City without prior approval by the City.
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25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the
Contract or the Company's response to the ITB. the City may take any of the following
actions with or without terminating the Contract, and in addition to and without limiting
any other remedies it may have:
(A) Employ such means as it may deem advisable and appropriate to obtain the
applicable Products and/or Services(or reasonable substitutes)from a third party;
and
(B) Recover from the Company the difference between what the City paid for such
Products and/or Services on the open market and the price of such Products
and/or Services under the Contract or the Company's response to the ITB.
26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the
Contract the City shall have the right to withhold all payments due to the Company until
such breach has been fully cured.
27. OTHER REMEDIES: Upon breach of the Contract, each party may seek al] legal and
equitable remedies to which it is entitled. The remedies set forth herein shall be deemed
cumulative and not exclusive and may be exercised successively or concurrently, in
addition to any other available remedy.
28. TERMINATION.
29.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any
time without cause by giving sixty (60) days written notice to the Company. The
Company may terminate this Contract at any time without cause by giving one
hundred and eighty(180)days written notice to the City.
29.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to
the other party, either party may terminate this Contract upon the occurrence of one
or more of the following events:
29.2.1 The other party violates or fails to perform any covenant, provision,
obligation,term or condition contained in this Contract,provided that,unless
otherwise stated in this Contract, such failure or violation shall not be cause
for termination if both of the following conditions are satisfied: (i) such
default is reasonably susceptible to cure; and (ii) the other party cures such
default within thirty (30)days of receipt of written notice of default from the
non-defaulting party;or
29.2.2 The other party attempts to assign, terminate or cancel this Contract contrary
to the terms hereof;or
29.2.3 The other party ceases to do business as a going concern, makes an
assignment for the benefit of creditors, admits in writing its inability to pay
debts as they become due, files a petition in bankruptcy or has an involuntary
bankruptcy petition filed against it (except in connection with a
reorganization under which the business of such party is continued and
performance of all its obligations under this Contract shall continue), or if a
receiver, trustee or liquidator is appointed for it or any substantial part of
other party's assets or properties.
Any notice of default pursuant to this Section shall identify and state the
party's intent to terminate this Contract if the default is not cured within the
specified period.
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29.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By
giving written notice to the Company, the City may also terminate this Contract upon
the occurrence of one or more of the following events (which shall each constitute
grounds for termination without a cure period and without the occurrence of any of
the other events of default previously listed):
29.3.1 The Company makes or allows to be made any material written
misrepresentation or provides any materially misleading written information
in connection with this Contract, Company's Bid, or any covenant,
agreement, obligation,term or condition contained in this Contract;or
29.3.2 The Company takes or fails to take any action which constitutes grounds for
immediate termination under the terms of this Contract, including but not
limited to failure to obtain or maintain the insurance policies and
endorsements as required by this Contract, or failure to provide the proof of
insurance as required by this Contract.
29.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of
the Contract shall not relieve the Company of the obligation to pay any fees, taxes or
other charges then due to the City,nor relieve the Company of the obligation to file
any daily, monthly,quarterly or annual reports covering the period to termination nor
relieve the Company from any claim for damages previously accrued or then
accruing against the Company.
29.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or
termination of this Contract, the Company shall promptly (a) return to the City all
computer programs, files,documentation,data,media,related material and any other
recording devices, information, or compact discs that are owned by the City; (b)
provide the City with sufficient data necessary to migrate to a new vendor, or allow
the City or a new vendor access to the systems, software, infrastructure, or processes
of the Company that are necessary to migrate to a new vendor; and (c) refund to the
City all pre-paid sums for Products or Services that have been cancelled and will not
be delivered.
29.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of
default by the Company, notwithstanding anything to the contrary in this Contract,
the Company agrees that it will not terminate this Contract or suspend or limit the
delivery of Products or Services or any warranties or repossess, disable or render
unusable any Software supplied by the Company, unless (i) the parties agree in
writing,or(ii)an order of a court of competent jurisdiction determines otherwise.
29.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized
to terminate this Contract on behalf of the City.
29.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration
of this Contract, the Company shall cooperate with the City to assist with the orderly
transfer of the Products, Services,functions and operations provided by the Company
hereunder to another provider or to the City as determined by the City in its sole
discretion. The transition services that the Company shall perform if requested by
the City include but are not limited to:
29.8.1 Working with the City to jointly develop a mutually agreed upon transition
services plan to facilitate the termination of the Services; and
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29.8.2 Notifying all affected vendors and subcontractors of the Company of
transition activities;
29.8.3 Performing the transition service plan activities;
29.8.4 Answering questions regarding the products and services on an as-needed
basis;and
29.8.5 Providing such other reasonable services needed to effectuate an orderly
transition to a new system.
29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the Company
for any damages arising from delay,whether caused by the City or not.
30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves
the right to award multiple contracts for the Products and Services required by this Contract
if the City deems multiple Contracts to be in the City's best interest.
31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this
Contract is solely that of independent contractors, and nothing contained in this Contract
shall be construed to (i) give any party the power to direct or control the day-to-day
activities of the other; (ii) constitute such parties as partners,joint ventures, co-owners or
otherwise as participants in a joint or common undertaking; (iii)make either party an agent
of the other for any purpose whatsoever, or (iv) give either party the authority to act for,
bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein
shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that
may arise under law or under the terms of this Contract.
32. INDEMNIFICATION: To the fullest extent permitted by law, the Company shall
indemnify, defend and hold harmless each of the "Indemnitees" (as defined below) from
and against any and all `Charges" (as defined below) paid or incurred any of them as a
result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation,
misappropriation or infringement of any copyright, trademark, patent, trade secret or other
proprietary rights with respect to the Work or any Products or deliverables provided to the
City pursuant to this Contract ("Infringement Claims"); (ii) seeking payment for labor or
materials purchased or supplied by the Company or its subcontractors in connection with
this Contract; or (iii) arising from the Company's failure to perform its obligations under
this Contract, or from any act of negligence or willful misconduct by the Company or any
of its agents, employees or subcontractors relating to this Contract, including but not
limited to any liability caused by an accident or other occurrence resulting in bodily injury,
death, sickness or disease to any person(s) or damage or destruction to any property,real or
personal, tangible or intangible; or (iv) arising from a violation of any federal, state or
local law, regulation or ordinance by the Company or any its subcontractors (including
without limitation E-Verify or other immigration laws); or(v) arising from any claim that
the Company or an employee or subcontractor of the Company is an employee of the City,
including but not limited to claims relating to worker's compensation, failure to withhold
taxes and the like. For purposes of this Section: (a)the term"Indemnitees" means the City
and each of the City's officers, officials, employees, agents and independent contractors
(excluding the Company); and (b) the term "Charges" means any and all losses, damages.
costs, expenses (including reasonable attorneys' fees). obligations, duties, fines, penalties,
royalties, interest charges and other liabilities (including settlement amounts) or any other
legal theory or principle,in connection with an Infringement Claim.
This indemnification requirement is not intended to cover, and the Company is not
responsible for, any damages that result from lack of maintenance; inadequate supervision;
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negligence; intentional misconduct of anyone other than the Company, it's subcontractors,
or their affiliates; inadequate surfacing that was not provided by or recommended by the
Company,its subcontractors,or their affiliates; or vandalism.
It is the intent of any insurance provided by Company to protect the Company and any
subcontractor performing work under the Contract for
(1) Product liability Claims arising solely from the negligent design or manufacture of
the Playground Equipment when such goods and services are provided by the
Company,Company's subcontractors,or their affiliates pursuant to this Contract;
(2) Claims arising from any act of negligence or wilful misconduct by the Company or
any of its agents, employees or subcontractors relating to this Contract, including
but not limited to any liability caused by an accident or other occurrence resulting
in bodily injury, death, sickness or disease to any person(s) or damage or
destruction to any property,real or personal,tangible or intangible;and
(3)Claims relating to worker's compensation for any employee or subcontractor of the
Company;
This clarifies and supersedes any other section of the Contract concerning indemnification
that could be interpreted otherwise.
33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the
insurance requirements described in this Section. In the event the Company fails to procure
and maintain each type of insurance required by this Section, or in the event the Company
fails to provide the City with the required certificates of insurance,the City shall be entitled
to terminate the Contract immediately upon written notice to the Company.
The Company agrees to purchase and maintain the following insurance coverage during the
life of the Contract with an insurance company acceptable to the City of Charlotte,
authorized to do business in the State of North Carolina:
(A) Automobile Liability: Bodily injury and property damage liability covering all
owned, non-owned, and hired automobiles for limits of not less than $1,000,000
bodily injury each person, each accident; and, $1,000,000 property damage, or
$1,000,000 combined single limit each occurrence/aggregate.
(B) Commercial General Liability: Bodily injury and property damage liability as
shall protect the Company and any subcontractor performing work under the
Contract from claims of bodily injury or property damage which arise from
performance of the Contract, whether such work is performed by the Company,
any subcontractor or anyone directly or indirectly employed by either. The
amounts of such insurance shall not be less than $1,000,000 bodily injury each
occurrence/aggregate and $1,000,000 property damage each
occurrence/aggregate or$1,000,000 bodily injury and property damage combined
single limits each occurrence/aggregate. This insurance shall include coverage
for products, services, completed operations, personal injury liability and
contractual liability assumed under the indemnity provision of the Contract.
(C) Workers' Compensation: Meeting the statutory requirements of the State of
North Carolina and Employers Liability- $100,000 per accident limit, $500,000
disease per policy limit, $100,000 disease each employee limit, providing
coverage for employees and owners.
The City shall be named as additional insured during and until completion of the work
under the commercial general liability insurance for operations or services rendered under
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this Contract. The Company's insurance shall be primary of any self-funding and/or
insurance otherwise carried by the City for all loss or damages arising from the
Consultant's operations under this agreement. The Company and each of its subcontractors
shall and does waive all rights of subrogation against the City and each of the Indemnitees,
as defined in Section 5.1.
The Company shall not commence any work in connection with the Contract until it has
obtained all of the types of insurance set forth in this Form, and such insurance has been
approved by the City. The Company shall not allow any subcontractor to commence work
on its subcontract until all similar insurance required of the subcontractor has been obtained
and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina
recognized by the Secretary of State and the Insurance Commissioner's Office. The
Company shall furnish the City with proof of insurance coverage by certificates of
insurance accompanying the Contract.
All insurance certificates must include the City of Charlotte's contract number in the
description field.
The City shall be exempt from, and in no way liable for any sums of money that may
represent a deductible in any insurance policy. The payment of such deductible shall be the
sole responsibility of the Company and/or subcontractor providing such insurance.
Since the playground and the play equipment will be in the care, custody,and control of the
end user following installation,it is understood the Company cannot additionally insure the
eventual owners of the equipment for any damages that result from:
1) lack of maintenance for which the Company or its subcontractors are not
contractually obligated to perform,where such lack of maintenance is not as a
result of instructions or manuals provided by the Company or its subcontractors ;
2) inadequate supervision;
3) Negligence(other than negligence of the Company or its subcontractors);
4) intentional acts of anyone other than the Company, its subcontractors or their
affiliates;
5) inadequate surfacing that was not provided by or recommended by the Company,
its subcontractors, or their affiliates;or
6) vandalism.
34. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract, the Company represents and warrants that it
will fully comply with the City's Commercial Non-Discrimination Policy, as described in
Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of
any arbitration conducted thereunder. As part of such compliance, the Company shall not
discriminate on the basis of race, gender, religion, national origin, ethnicity, age or
disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or
suppliers in connection with a City contract or contract solicitation process, nor shall the
Company retaliate against any person or entity for reporting instances of such
discrimination. The Company shall provide equal opportunity for subcontractors, vendors
and suppliers to participate in all of its subcontracting and supply opportunities on City
contracts, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that has occurred or is
occurring in the marketplace. The Company understands and agrees that a violation of this
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clause shall be considered a material breach of this Contract and may result in termination
of this Contract, disqualification of the Company from participating in City contracts or
other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide
to the City in a format specified by the City all information and documentation that may be
requested by the City from time to time regarding the solicitation, selection, treatment and
payment of subcontractors in connection with this Contract; and(b) if requested,provide to
the City within sixty days after the request a truthful and complete list of the names of all
subcontractors, vendors, and suppliers that the Company has used on City contracts in the
past five years,including the total dollar amount paid by the Company on each subcontract
or supply contract. The Company further agrees to fully cooperate in any investigation
conducted by the City pursuant to the City's Non-Discrimination Policy, to provide any
documents relevant to such investigation that are requested by the City, and to be bound by
the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City's request,
payment affidavits detailing the amounts paid by the Company to subcontractors and
suppliers in connection with this Contract within a certain period of time. Such affidavits
shall be in the format specified by the City from time to time
The Company understands and agrees that violation of this Commercial Non-
Discrimination provision shall be considered a material breach of this Contract and may
result in contract termination, disqualification of the Company from participating in City
contracts and other sanctions.
35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as
confidential information all data provided by the City in connection with this agreement.
City data processed by the Company shall remain the exclusive property of the City. The
Company will not reproduce, copy, duplicate, disclose, or in any way treat the data
supplied by the City in any manner except that contemplated by this agreement.
36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and
agents shall, whenever on the City's premises,obey all instructions and directions issued by
the City's project manager with respect to work on the City's premises. The Company
agrees that its personnel and the personnel of its subcontractors will comply with all rules,
regulations and security procedures of the City when on the City's premises.
37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct
background checks on all personnel who will be working at the Charlotte service facility or
delivering Products or Services under the Contract. The Company will conduct such
background checks prior to the personnel commencing work hereunder, whether as part of
the Company's standard pre-employment screening practices or otherwise. The Company
will complete a background check on an annual basis for each person working at the
Charlotte facility. Background check will include at a minimum:
a. Criminal records search,
b. Identification verification;and
c. Proof of authorization to work in the United States.
The Company agrees if any personnel does not meet the background qualifications, he/she
shall not be assigned to perform services under this Contract. The Company will notify the
City immediately if a background check reveals any conviction(s). If there is any question
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as to whether any personnel meets the background qualifications, prior to assignment of
any Services under this Contract,the Company shall contact the City immediately.
38. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The
Company hereby certifies that it has or it will within thirty(30)days after execution of this
Contract:
38.1 Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
38.2 Establish a drug-free awareness program to inform employees about (i) the dangers
of drug abuse in the workplace, (ii) the Company's policy of maintaining a drug-free
workplace, (iii) any available drug counseling, rehabilitation, and employee
assistance programs, and (iv) the penalties that may be imposed upon employees for
drug abuse violations;
38.3 Notify each employee that as a condition of employment, the employee will (i)abide
by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction;
38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling,
rehabilitation or abuse program by an employee convicted of a drug crime;
38.5 Make a good faith effort to continue to maintain a drug-free workplace for
employees;and
38.6 Require any party to which it subcontracts any portion of the work under the contract
to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug-free workplace
requirements during the performance of this Contract shall be ground for suspension,
termination or debarment.
39. NOTICES. Any notice, consent or other communication required or contemplated by this
Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight
courier, by electronic mail or by telefax to the intended recipient at the address set forth
below. Notice shall be effective upon the date of receipt by the intended recipient;
provided that any notice which is sent by telefax or electronic mail shall also be
simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.
Each party may change its address for notification purposes by giving the other party
written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance,
prevention of performance, modification, extension, amendment, or waiver of any
provision of this Contract shall be sent to:
For The Company: For The City:
Donald R. King Karen Ewing
PlayCore Wisconsin, Inc. d/b/a Gametime Procurement Management Division
150 Playcore Drive SE 600 East Fourth Street
Fort Payne, Alabama 35967 Charlotte,NC 28202
Phone:423.648.5891 Phone: 704.336.2992
Fax: 423.648.5903 Fax: 704.632.8254
E-mail: dking@playcore.com E-mail: kewing@charlottenc.gov
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Vendor No. 121531
With Copy To: With Copy To:
Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte,NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail:cwhite(wci.charlotte.nc.us
All other notices shall be sent to the other party's Project Manager at the most recent
address provided in writing by the other party.
40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under
this Contract without the City's prior written consent. In the event the City does consent in
writing to a subcontracting arrangement, Company shall be the prime contractor and shall
remain fully responsible for performance of all obligations which it is required to perform
under this Contract. Any subcontract entered into by Company shall name the City as a
third party beneficiary.
41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the
performance of its obligations pursuant to the Contract, and such failure or delay shall not
be deemed a default of the Contract or grounds for termination hereunder if all of the
following conditions are satisfied:
If such failure or delay:
A. could not have been prevented by reasonable precaution;
B. cannot reasonably be circumvented by the non-performing party through the use
of alternate sources,work-around plans,or other means; and
C. if,and to the extent, such failure or delay is caused, directly or indirectly,by fire,
flood, earthquake, hurricane, elements of nature or acts of God, acts of war,
terrorism,riots,civil disorders,rebellions or revolutions or court order.
An event that satisfies all of the conditions set forth above shall be referred to as a "Force
Majeure Event." Upon the occurrence of a Force Majeure Event, the affected party shall be
excused from any further performance of those of its obligations which are affected by the
Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the
affected party continues to use reasonable efforts to recommence performance whenever and
to whatever extent possible without delay.
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the
other by telephone(to be confirmed by written notice within five(5) days of the inception of
the failure or delay) of the occurrence of a Force Majeure Event and shall describe in
reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event
prevents the Company from performing its obligations for more than fifteen(15)days,the
City shall have the right to terminate the Contract by written notice to the Company.
Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts,
lockouts, and industrial disputes of the Company or its subcontractors shall not constitute
"Force Majeure Events" and are not excused under this provision. Nothing in the preceding
Force Majeure provisions shall relieve the Company of any obligation it may have regarding
disaster recovery,whether under the Contract or at law.
42 CONFIDENTIALITY.
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42.1 DEFINITIONS. As used in this Contract, The term "Confidential Information"
shall mean any information, in any medium, whether written, oral or electronic,
not generally known in the relevant trade or industry, that is obtained from the
City or any of its suppliers,contractors or licensors which falls within any of the
following general categories:
42.2 Trade secrets. For purposes of this Contract, trade secrets consist of information
of the City or any of its suppliers, contractors or licensors: (a) that derives value
from being secret; and (b) that the owner has taken reasonable steps to keep
confidential. Examples of trade secrets include information relating to
proprietary software, new technology, new products or services, flow charts or
diagrams that show how things work, manuals that tell how things work and
business processes and procedures.
42.3 Information of the City or its suppliers, contractors or licensors marked
"Confidential"or"Proprietary."
42.4 Information relating to criminal investigations conducted by the City, and records
of criminal intelligence information compiled by the City.
42.5 Information contained in the City's personnel files, as defined by N.C. Gen. Stat.
160A-168. This consists of all information gathered by the City about
employees, except for that information which is a matter of public record under
North Carolina law.
42.6 Citizen or employee social security numbers collected by the City.
42.7 Computer security information of the City, including all security features of
electronic data processing, or information technology systems,
telecommunications networks and electronic security systems. This encompasses
but is not limited to passwords and security standards, procedures, processes,
configurations,software and codes.
42.8 Local tax records of the City that contains information about a taxpayer's income
or receipts.
42.9 Any attorney/client privileged information disclosed by either party.
42.10 Any data collected from a person applying for financial or other types of
assistance, including but not limited to their income, bank accounts, savings
accounts,etc.
42.11 The name or address of individual home owners who, based on their income,
have received a rehabilitation grant to repair their home.
42.12 Building plans of City-owned buildings or structures, as well as any detailed
security plans.
42.13 Billing information of customers compiled and maintained in connection with the
City providing utility services
42.14 Other information that is exempt from disclosure under the North Carolina public
records laws.
Categories 42.1 through 42.13 above constitute"Highly Restricted Information."
as well as Confidential Information. The Company acknowledges that certain
Highly Restricted Information is subject to legal restrictions beyond those
imposed by this Contract, and agrees that: (a) all provisions in this Contract
17
Contract No.2017001134
Vendor No. 121531
applicable to Confidential Information shall apply to Highly Restricted
Information; and (b) the Company will also comply with any more restrictive
instructions or written policies that may be provided by the City from time to
time to protect the confidentiality of Highly Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed
after the date of this Contract, the Confidential Information shall include
information disclosed or revealed within one year prior to the date of this
Contract.
43. RESTRICTIONS. Company shall keep the Confidential Information in the strictest
confidence,in the manner set forth below:
43.1 Company shall not copy, modify, enhance, compile or assemble (or reverse
compile or disassemble), or reverse engineer Confidential Information,except as
authorized by the City in writing.
43.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or
transfer Confidential Information to any third party, other than an agent,
subcontractor or vendor of the City or Company having a need to know such
Confidential Information for purpose of performing work contemplated by
written agreements between the City and the Company, and who has executed a
confidentiality agreement incorporating substantially the form of this the
Contract. Company shall not directly or indirectly, disclose, divulge, reveal,
report or transfer Highly Restricted to any third party without the City's prior
written consent.
43.3 Company shall not use any Confidential Information for its own benefit or for the
benefit of a third party, except to the extent such use is authorized by this
Contract or other written agreements between the parties hereto, or is for the
purpose for which such Confidential Information is being disclosed.
43.4 Company shall not remove any proprietary legends or notices, including
copyright notices,appearing on or in the Confidential Information.
43.5 Company shall use reasonable efforts (including but not limited to seeking
injunctive relief where reasonably necessary) to prohibit its employees, vendors,
agents and subcontractors from using or disclosing the Confidential Information
in a manner not permitted by this Contract.
43.6 In the event that any demand is made in litigation, arbitration or any other
proceeding for disclosure of Confidential Information, Company shall assert this
Contract as a ground for refusing the demand and, if necessary, shall seek a
protective order or other appropriate relief to prevent or restrict and protect any
disclosure of Confidential Information.
43.7 All materials which constitute, reveal or derive from Confidential Information
shall be kept confidential to the extent disclosure of such materials would reveal
Confidential Information,and unless otherwise agreed,all such materials shall be
returned to the City or destroyed upon satisfaction of the purpose of the
disclosure of such information.
43.8 Company shall restrict employee access to the Confidential Information to those
employees having a need to know for purposes of their jobs.
18
Contract No.2017001134
Vendor No. 121531
43.9 Company shall take reasonable measures to prevent the use or disclosure of
Confidential Information by its employees in a manner not permitted by this
Contract. The Company shall have each of its employees who will have access
to the Confidential Information sign a confidentiality agreement which provides
the City and its vendors, licensors, subcontractors, employees and taxpayers the
same level of protection as provided by this Contract.
44. EXCEPTIONS. The City agrees that Company shall have no obligation with respect to
any Confidential Information that the Company can establish:
44.1 Was already known to Company prior to being disclosed by the City;
44.2 Was or becomes publicly known through no wrongful act of Company;
44.3 Was rightfully obtained by Company from a third party without similar
restriction and without breach hereof;
44.4 Was used or disclosed by Company with the prior written authorization of the
City;
44.5 Was disclosed pursuant to the requirement or request of a governmental agency,
which disclosure cannot be made in confidence, provided that, in such instance,
Company shall first give to the City notice of such requirement or request;
44.6 Was disclosed pursuant to the order of a court of competent jurisdiction or a
lawfully issued subpoena, provided that the Company shall take reasonable steps
to obtain an agreement or protective order providing that this Contract will be
applicable to all disclosures under the court order or subpoena.
45. MISCELLANEOUS
45.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments
constitute the entire agreement between the parties with respect to the subject
matter herein. There are no other representations, understandings, or agreements
between the parties with respect to such subject matter. This Contract supersedes
all prior agreements, negotiations, representations and proposals, written or oral.
Notwithstanding the forgoing, the parties agree that the ITB and the Bid are
relevant in resolving any ambiguities that may exist with respect to the language of
this Contract
45.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in
writing and signed by the party against whom enforcement is sought. Amendments
that involve or increase in the amounts payable by the City may require execution
by a Department Director, the City Manager, or an Assistant City Manager;
depending on the amount. Some increases may also require approval by City
Council.
45.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the
interpretation and enforcement of this Contract, and any other matters relating to
this Contract (all without regard to North Carolina conflicts of law principles). All
legal actions or other proceedings relating to this Contract shall be brought in a
state or federal court sitting in Mecklenburg County,North Carolina. By execution
of this Contract, the parties submit to the jurisdiction of such courts and hereby
irrevocably waive any and all objections which they may have with respect to
venue in any court sitting in Mecklenburg County,North Carolina.
19
Contract No.2017001134
Vendor No. 121531
45.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties
and their successors and permitted assigns. Neither party may assign this Contract
without the prior written consent of the other. Any assignment attempted without
the written consent of the other party shall be void. For purposes of this Section, a
Change in Control,as defined in Section 42.8 constitutes an assignment.
45.5 SEVERABILITY. The invalidity of one or more of the phrases,sentences,clauses
or sections contained in this Contract or the Exhibits shall not affect the validity of
the remaining portion of this Contract or Exhibits so long as the material purposes
of this Contract can be determined and effectuated. If any provision of this Contract
or Exhibit is held to be unenforceable, then both parties shall be relieved of all
obligations arising under such provision, but only to the extent that such provision
is unenforceable, and this Contract shall be deemed amended by modifying such
provision to the extent necessary to make it enforceable while preserving its intent.
45.6 NO PUBLICITY. No advertising, sales promotion or other materials of the
Company or its agents or representations may identify or reference this Contract or
the City in any manner without the prior written consent of the City.
Notwithstanding the forgoing, the parties agree that the Company may list the City
as a reference in responses to requests for proposals,and may identify the City as a
customer in presentations to potential customers.
45.7 WAIVER. No delay or omission by either party to exercise any right or power it
has under this Contract shall impair or be construed as a waiver of such right or
power. A waiver by either party of any covenant or breach of this Contract shall
not constitute or operate as a waiver of any succeeding breach of that covenant or
of any other covenant. No waiver of any provision of this Contract shall be
effective unless in writing and signed by the party waiving the rights.
45.8 CHANGE IN CONTROL. In the event of a change in "Control" of the Company
(as defined below), the City shall have the option of terminating this Contract by
written notice to the Company. The Company shall notify the City within ten days
of the occurrence of a change in control. As used in this Contract, the term
"Control" shall mean the possession, direct or indirect, of either (i) the ownership
of or ability to direct the voting of, as the case may be fifty-one percent (51%) or
more of the equity interests, value or voting power in the Company or (ii) the
power to direct or cause the direction of the management and policies of the
Company whether through the ownership of voting securities, by contract or
otherwise.
45.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or
subcontractors, nor any employees of any of the forgoing has bribed or attempted
to bribe an officer or employee of the City in connection with this Contract.
45.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The
Company agrees to make itself aware of and comply with all local, state and
federal ordinances, statutes, laws, rules and regulations applicable to the Services.
The Company further agrees that it will at all times during the term of this Contract
be in compliance with all applicable federal, state and/or local laws regarding
employment practices. Such laws will include, but shall not be limited to workers'
compensation, the Fair Labor Standards Act (FLSA), the Americans with
Disabilities Act (ADA), the Family and Medical Leave Act(FMLA)and all OSHA
regulations applicable to the work.
20
Contract No.2017001134
Vendor No. 121531
45.11 TAXES. The Company shall pay all applicable federal,state and local taxes which
may be chargeable against the Products and/or Services.
45.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits,
which by their nature would reasonably be expected to continue after the
termination of the Contract shall survive the termination of the Contract, including
but not limited to the following:
Section 3 "Term"
Section 4.3 "Employment Taxes and Employee Benefits"
Section 13 "General Warranties"
Section 14 "Additional Representations and Warranties"
Section 22 "Guarantee"
Section 28 "Other Remedies"
Section 29 "Termination"
Section 33 "Insurance"
Section 34 "Indemnification"
Section 39 `Notices"
Section 42 "Confidentiality"
Section 45 "Miscellaneous"
45.13 NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the
funding needed by the City to make payments under this Contract for a given fiscal
year, the City will not be obligated to pay amounts due beyond the end of the last
fiscal year for which funds were appropriated. In such event,the City will promptly
notify the Company of the non-appropriation and this Contract will be terminated
at the end of the last fiscal year for which funds were appropriated. No act or
omission by the City, which is attributable to non-appropriation of funds shall
constitute a breach of or default under this Contract.
45.14 E-VERIFY. Company shall comply with the requirements of Article 2 of Chapter
64 of the North Carolina General Statutes, and shall require each of its
subcontractors to do so as well.
45.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the
Final Divestment List or any other list of prohibited investments created by the NC
State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action
causing it to appear on any such list during the term of this Contract;and(iii)it will
not utilize any subcontractor that is identified on any such list to provide goods or
services hereunder.
45.16 PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Stat. 159-28(a)
because this Contract is for an indefinite quantity with no minimum purchase
requirement. Notwithstanding anything contained herein to the contrary, this
Contract does not require the City to purchase a single product or service, and a
decision by the City to not make any purchase hereunder will violate neither this
Contract nor any implied duty of good faith and fair dealing. The City has no
financial obligation under this Contract absent the City's execution of a valid and
binding purchase order or contract addendum containing a pre-audit certificate."
21
Contract No.2017001134
Vendor No. 121531
45.17 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract,the Company agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter II, Part 200—Uniform Administrative
Requirements,Cost Principles,and Audit Requirements for Federal Awards
contained in Title 2 C.F. R. §200 et seq.
45.18 COUNTERPARTS.
This Contract may be executed in any number of counterparts,all of which taken
together shall constitute one single agreement between the parties.
[Signature Page Follows]
22
contract No.2017001134
Vendor No. 12153 I
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and
understood each and every provision hereof, the parties have caused this Contract to be executed
on the dale first written above.
PLAYCOR ` SCONSIN,INC. D/B/A GAMETIMF.:
/4.4,terrui
PRINT NAME: 1:2- $6'QT Y. tAgo
TITLE: t;/1I/ole V. e of SAWS
DATE: 05 "03-20(7
CITY OF CHARLOTTE CITY OF CHARLOTTE
CITY MANAGER'S OFFICE: RISK MANAGEMENT DIVISION:
BY: I i / �. . 4 BY: �4L.
PRINT NAME: _ . or A, 4 PRINT NAME:
11
TITLE:
TITLE: � �' TITLE: '�� f 5 //5// 7 DATE: 44 / 7
Contract No. 2017001134
Vendor No. 121531
EXHIBIT C
NATIONAL NETWORK OF DISTRIBUTORS AND INSTALLERS
The following National Network of Distributors and Installers is an Exhibit to and is
incorporated into the Contract to provide Playground Equipment,Outdoor Fitness
Equipment,Surfacing,Site Accessories and Related Products and Services(the"Contract")
between the City of Charlotte and Playcore Wisconsin, Inc.d/b/a GameTime.
26
VT ► ME
- WA
(GameTime) NY
•PLAYCORE co,••.,, - _ x `- ' -- . NH
150 PlayCore Drive SE _ I. MA
Ft Payne,AL 35967 - ID ED
(800)633-2394 - = I RI
= ,
III CT
r_. PA
•
--� NJ
. Mi;
IP* it . K9it co nc
w, 11:-.161=4-.:":_�
0 At
HI 49i�111111111111111K11r
111%
1114
GameTime Sales Territories
-Bitting Recreation,Inc. ® Cunningham Recreation Cunningham Recreation r � Cunningham Recreation ID Cunningham Recreation
PO Box 6445 PO Box 240981 PO Box 240981 2135 City Gate Lane.Suite 300 PO Box 487
Harrisburg.PA 17112-0445 Charlotte.NC 28224 Charlotte,NC 28224 Naperville.IL 60563 Queenstown.MD 21658
PA Tel: (800)248-8464 AR KS MO Tel: 000)438-2780 IA NE Tel: (800)438-2780 IL Tel: (800)942-1062 DE Tel: (600)233-0529
Fax: (717)652-5826 NC OK SC Fax:(704)525-7356 ND SD Fax:(704)525-7356 Fax:(630)554.3750MD Fax:(410)827-8855
Website: www.bdtingrec.comVA Website: vwVw.cunninghamww
rec.com Website: www.cunninghamrec.com Website: w .cunninghamrec.com Website: www.westrecreation.com
WV DC
Dominica Recreation ` Great Western Marturano Recreation Co, MRC-Pacific W MinnesotaArsconsin
Products,Inc. 1 Recreation PO Box 106 ,, %a 1030-B Railroad Avenue Playground,Inc.
PO Box 520700 PO Box 97 Spring Lake.NJ 07762 Novato.CA 94947 PO Box 27328
FL Longwood.FL 32752-0700 CA ID Wellsville.UT 84339 MA ME NJ Tel: (B03)922-0070 No.CA Tel: (415)899-9996 MN Golden Valley,MN 55427
GA Tel. (800)432-0162 MT NV Tel: (800)453-2735 NY CT RI Fax.(732)974-0226 OR Fax: (415)899-9050 WI Tel: (800)622.5425
TN Fax:(407)331.4720 UTFax.(435)245-5057 VT NH Websile: www.gametimenorcal.com Fax (763)546-5050
1NYWebsite: www.drpinc.com Website: www.gwpark.com Website: www.mnwiplay.com
Sinclair Recreation no,
SiteLines Park d Total Recreation Products Triple M Recreation J.A.Dawson d Co.,lnc.
Illk
126 E.Lakewood BlvdPlayground Products NW
12022 C.Knigge C Rd.Suite C 4638 East Shea Blvd. PD Box 1178
Suite 40 626 128'"Street.S.W. Cypress,TX 77429 Suite B-170 Pentam.AL 35124
MI Holland.MI 49424 AK Suite 104-A LA Tel (800)392.9909 AZ CO Phoenix.AZ 85028 AL Tel- (800)221-8869
IN Tel: (800)444-4954 wA Everett,WA 98204
TX NM
(832)237-3895 NM TX Tel- (480)315-9103 FL Fax (205)663-5012
Fax:(616)392-8634 Tel: (800)541-0869 Fax:(4801 315-9991
Websile: wrm.sinclair-rec.com Fax:(425)347-3056 Websile. s ww.triplemrec.com MS
Website: www.sitelines.com
-David Williams&Associates,Inc. 1P61 u.
PO Box 218 1481 South King Street
1010Harrison Avenue Suite 226
KY Harrison,OH 45030 MI Honolulu,HI 96814
OH Tel: (800)762-7936 Tel (808)845-7788
Fax:(330)821-4505 Fax:808)952-5501
Website: www.davidwilarnsassociales.corn Website: www.innovativeplaygroundsandrecreation.com
GAMETIME DOMESTIC SALES AGENCY CONTACT INFORMATION
Sales Representative Agency Address-Website-Territory Telephone& Fax
Bitting Recreation, Inc. P. 0. Box 6445, Harrisburg, PA 17112 800-248-8464
Randy Bitting www.bittingrec.com 717-652-5826
W. PA
Cunningham Associates P. 0. Box 240981 Charlotte, NC 28224 800-438-2780
Scott Cunningham www.cunninqhamrec.com 704-525-7356
AR, DE, DC, IA, IL,KS, MD, MO, NE, NC, ND, OK,SC,SC, VA, W.
TN,WV
J.A. Dawson &Co., Inc. P. O. Box 1178 Pelham,AL 35124 800-221-8869
Craig Struthers www.iadawsonco.com 205-663-5058
AL, FL Panhandle, MS
Dominica Recreation Products, Inc. P. 0. Box 520700 Longwood, FL 32752 800-432-0162
Rob Dominica www.playdrp.com 407-331-4720
FL(ex: Panhandle), GA, East/Central TN
Great Western Recreation, LLC P. 0. Box 97 Wellsville, UT 84339 800-453-2735
Tyler Kyriopoulos www.gwpark corn 435-245-5057
Lewis Painter ID, MT, NV, UT, WY,S. CA
IPR 1481 S. King St.,S-226, Honolulu, HI 96814 808-845-7788
Gideon Naiditch www.ipr-hawaii.com 808-952-5501
Ian Ross HI
Marturano Recreation Co., Inc. P. 0. Box 106 Spring Lake, NJ 07762 800-992-0070
Jim Marturano www.mrcrec.com 732-974-0226
Brian Gates MA, ME, NJ, NY,CT, RI, VT, E. PA, NH, N.CA, OR
Minnesota Wisconsin Playgrnd,lnc P.0. Box 27328 Golden Valley, MN 55427 800-622-5425
Harlan Lehman www.mnwiplay.com 763-546-5050
Ron Lehman MN,WI
Sinclair Recreation, LLC P. 0. Box 1409 Holland, MI 49422 800-444-4954
Diane Sinclair www.sinclair-rec.com 616-392-8634
Rich Sinclair IN, MI
Sitelines Park& Playground 626 128th St.,SW, S-104A, Everett,WA 98204 800-541-0869
Gary Max www.sitelines.com 425-750-7493
AK,WA
Total Recreation Products 17802 Grant Road,Cypress,TX 77429 800-392-9909
Bryan O'Conner www.totalrecreation.net 281-351-2493
Kelly O'Conner LA,TX
Triple M Recreation, Inc. 8700 E.Vista Bonita Dr.,S-188, Scottsdale,AZ 85255 480-315-9103
Gene Everts www.triplemrec.com 480-315-1311
Patti Everts AZ, CO, NM,W.TX
David Williams&Associates P.0. Box 208, Harrison,OH 45030 800-762-7936
Bob Greiwe www.davidwilliamsassociates.com 330-821-4505
David Williams OH, KY
3/12/2017
b Cunningham - CIS Outdoor Services
112 Nivens Drive
Bitting - Bramble Landscapes, LLC. - P 0 Box 790
Atoka,TN 38004
Bramble, Mark Bus: (901)428-8836
586 Sterling Drive Home: 2018
Sarver,Pa. 16055 Mobile: (901)428-8836
Bus: (724)859-0958 Bus Fax: (901)475-0015
E-mail Chris@clsoutdoorservices.corn
Home: 2018
Mobile: (724)859-0958
E-mail: bramble.landscapes@gmail.com Cunningham - Custom Park Services
8019 E.Old Jessup Road
Bitting - Playground Pros (Hartzell, Lowell) PO Box 1098
Jessup,MD 20794
154 N.Sheridan Road Bus: (410)799-7745 or 877-799-7745
Newmanstown,PA 17073
Home: 2017
Bus: (610)589-1769 Mobile: (410)365-0502
Home: 2018 Bus Fax: (410)579-1284
Mobile: (610)413-9832 E-mail: cpsmike@comcast.net
Bus Fax: (610)589-1817
E-mail: bill@theplaygroundpros.com
Cunningham - Custom Playgrounds
9951 N Alpine Road,Suite 100
Machesney Park,II.61115
Bus: (815)708-8540
Cunningham - Blueprint Construction, LLC Home: 2016
(Liles, Robbie S.) Mobile: (815)505-0500
Bus Fax: (779)423-2033
5 Liles Woods LN E-mail: mbk5977@hotmail.com
Gamer,NC 27529
Bus: (919)210-1589 Cunningham - D C Install, LLC.
Home: 2018 g
Bus Fax: (919)779-9436 503 Niagara
E-mail: RL1Builder@gmail.com E.Alton,Illinois 62024
Bus: (618) 531-0848
Cunningham -Carlson Consultingand Home: 2017
g Mobile: (618)531-0848
Contracting Bus Fax: (618)258-9007
1150 Prospect Blvd. E-mail: donchatham@charter.net
Waterloo,Iowa 50701 E-mail 2: donchatam@charter.net
Bus: (319)234-8965
Home: 2016 Cunningham - D G Services, Inc. (Layne,
Mobile: (319)415-8365
Bus Fax: (319)234-8965 Kevin)
E-mail: landrn1@msn.com 181 Springdale Acres Drive
Mooresville,NC 28115
Bus:
Cunningham - Cedar Creek Run
Home:17 01893878
Construction - Stanley, Bill Mobile: 9802302946
Bus Fax: 7047993878
24072 Zachery Taylor Hwy. E-mail: dgserv@bellsouth.net
Culpeper,Va.22701
Bus: (877)640-9811/(540)364-9811
Home: 2016 Cunningham - Elanar Construction
Mobile: (703)244-5991 Company
Bus Fax: (540)825-3445
E-mail: bstanley@ccrconstructionllc.com 6620 W.Belmont Avenue
Chicago,IL 60634
Bus: (773)628-7011
Home: 2018
Mobile: (773)908-7629
Bus Fax: (773)628-7041
E-mail: ross@elanar.com
E-mail 2: ross@elanar,com
Barr, Patricia 1 3/8/2017 11:36 AM
Cunningham - Jones & Sons Contracting
11409 Boltomley Road
Cunningham - Fuertes Systems Bus: (3
t MD 21788
(301)898-3743
Landscaping, Inc Home: 2011
15100 5.Indian Boundary Rd. Bus Fax: (301)898-3743
E-mail: lannajones@msn.com
Plainfield,II.60544
Bus: (815)725-2959
Home: 2016 Cunningham - Kay Jay Construction, Inc.
Mobile: (847)312-9393
Bus Fax: (815)725-3165 300 S.Carlton Ave.#160
E-mail: furtel@sbcglobal.net Wheaton, 11.60187
Bus: (312)388-3030
Home: 2016
Cunningham - G.L. Stone and Son, Inc. - Mobile: (312)388-3030
Gilkerson, Leondis E-mail: fred.conforti@sbcglobal.net
24 First Street Cunningham - Kenneth Company, The
Hamlin,WV.25523
Bus: (304)824-3800 16W064 Jeans Road
Home: 2016 Lemont,II.60439
Mobile: (304)208-4550 Bus: (630)679-2750
Bus Fax: (304)824-3848 Home: 2016
E-mail: glstoneandson@zoominternet.net Mobile: (630)514-3632
Bus Fax: (630)325-2780
Cunningham - Grass roots, Inc. E-mail: kcoffice@aol.com
501 W.Central Avenue Cunningham - Massanelli Construction, Inc.
Davidsonville,MD 21035
Bus: (410)721-1093 105 Bellaire Drive
Home: 2016 Hot Springs,Arkansas 71901
Mobile: (301)785-5770 Bus: (501)318-7618
Bus Fax: (301)858-1039 Home: 2016
E-mail: ccook@getgrassroots.com Mobile: (501)318-7618
Bus Fax: (501)321-6083
Cunningham - Green-Up Landscape, Inc. E-mail TMASSArelli25@yahoo.com
23940 Andrew Road Cunningham - Monkebar Builders, L.L.C.
Plainfield,IL 60585 g
Bus: (815)372-3000 1214 Towanda Ave.,Upper Level
Home: 2017 Bloomington,IL 61701
Mobile: (815)693-1833 Bus: (309)829-9111
Bus Fax: (815)372-3005 Home: 2016
E-mail: brs@green-up.com Mobile: (309)825-9111
Bus Fax: (309)829-5555
Cunningham - Howard's General E-mail. monkeko@comcast.net
Contracting Cunningham - Moore Recreational
708 Knightswood Road Products, Inc.
Fort Mill,S.C.29708
Bus: (803)802-1722 PO Box 472747
Home: 2017 Charlotte,NC 28247
Mobile: (803)280-5630 Bus: (704)905-3665
E-mail: lance@howardsgc.com Home: 2017
Mobile: (704)905-3665
Cunningham - IDE Construction (Turner, Bus Fax: (704)643-1369
E-mail: Moorerecreation@gmail.com
Michael)
18601 Green Street
Washington,NE 68068
Bus: (402)510-0549
Home: 2018
E-mail: turner.michael.17@gmail.com
Barr, Patricia 2 3/8/2017 11:36 AM
Cunningham - Prestige Landscaping
Solutions - Mullins, Jason
Cunningham - Old South Building Corp - 5001 NW 10 Apt.905
Deeds, Rob Oklahoma City,Ok.73127
Bus: (405)885-2015
1622 Brandon Ave. Home: 2014
Petersburg,Va.23805 Mobile: (405)820-8304
Bus: (804)307-9307 Bus Fax (405)849-2739
Home: 2016 E-mail: jmullen@pssokc.net
Mobile: (804)307-9307
Bus fax: (804)733-1110 Cunningham - Reese Construction Company
E-mail: rob@oldsouthbuild.com
3720 Lucky Drive
Cunningham - Ozark Mountain Apex, 9C9)7533299B5501
Installations, Inc. Home: 2017
9706 Lawrence 2237 Mobile: (919)427-4685
Monett,MO 65708 Bus Fax: (919)329-5503
Bus: (417)235-9475 E-mail: reeseconstruction@hotmail.com
Home: 2018
Mobile: (417)235-9475 Cunningham - RJR Enterprises, Inc.
Bus Fax: (417)236-0897
E-mail: j.m.pass2@yahoo.com 804 N 42nd Street
Rogers,AR 72756
Bus: (479)936-1092
Cunningham - ParkScape Solutions LLC Mobile: (479)621-3939
(Woods, Wayne 0.) E-mail: RonBrown@nwarjr.com
8226C Hwy J Cunningham - Robert Kremers Construction
Black,MO 63625
Bus: (573)269-4450 515 S.86th Street
Home: 2017 Omaha,NE 68114
Mobile: (573)701-3294 Bus: (402)658-3357
E-mail: wayne@parkscapesolutions.com Home: 2017
Mobile: (402)658-3357
Cunningham - Play Structure Plus Bus Fax: none
E-mail: bobkremers1@aol.com
364 East Main Street,Suite 172
Middletown,De.19709 Cunningham - Triad Property Services, Inc.
Bus: (302)528-8791 g
Home: 2016 962 Wiley Lewis Road
Mobile: (302)528-8791 Greensboro, NC 27406
Bus Fax: (302)378-0747 Bus: (336)378-1541
E-mail: markmacdonald4@verizon.net Home: 2017
Mobile: (336)337-1930
Cunningham - Play-N-Scape, Inc. Bus Fax: (336)378-1541
E-mail: brentattps@triad.rr.com
190 Briarwod Drive
Crystal Lake,IL 60014 Cunningham - Woods Const. Serv.
Bus: (815)693-2769
Home: 2016 8226B Hwy.J
Mobile: (815)459-6758 Black, Mo.63625
Bus Fax: (815)459-5790 Bus: (573)269-1113
E-mail: playnscape@comcast.net Home: 2017
Mobile: (573)701-3294
Bus Fax: (573)269-1033
E-mail: wayne@woodsconstructionservices.com
Barr, Patricia 3 3/8/2017 11:36 AM
Dominica Recreation Products - Copponex
Group LLC (Copponex, Glen)
Cunningham - Zogg & Associates (Zogg, 1478 Highway 124
Brent) Auburn,GA 30011
Bus: (770)421-5252
27610 90th Avenue Home: 2017
Donahue,IA 52746 Mobile: (770)846-2120
Bus: (563)210-2943 E-mail: greg@copponexgroup.com
Home: 2018
E-mail: zoggdesign@netins net
Dominica Recreation Products - Outdoor
Cunningham -Hyde Construction (Hyde, Construction
John) 134 Stanley Court Sutie#E
Lawrenceville,GA 30046
1325 South Bates Avenue Bus: (770)995-8430 Toll Free 877-995-1100
Springfield,IL 62704 Home: 2017
Bus: (217)891-4618 Mobile: (678)234-7489
Home: 2018 Bus Fax: (886)536-5244
E-mail: Backstp23@yahoo.com E-mail: terry@occ-ga.com
E-mail 2: occga@aol.com
d Dominica Recreation Products - Pelican
Dawson, J.A. Playground Maintenance LLC (De
Armond, William)
P.O.Box 1178
Pelham,AL 35124 Suite 202 Dept 213
Bus: (205)663-5058 Fort Myers,FL 33912
Home: 2017 Bus: (239)284-7335
Mobile: (205)368-4365 Home: 2018
Bus Fax: (205)663-5012 E-mail: Billy@pelicanplaygroundmaintenance.com
E-mail: cstruthers@jadawsonco com
Dominca - D.W. Recreation Services, Inc. 9
(West, Donald) Great West Park and Play - C S
2500 NW 79th Ave.#258 Construction (Amick, Chris)
Doral,FL 33122
Bus: (561)433-4709 13049 Lynn Christi Ave
Home: 2017 Bakersfield,CA 93314
Mobile: (561)818-4819 Bus: (661)978-9748
E-mail: dwrecreation@bellsouth.net Home: 2017
E-mail: csconstruction@bak.rr.com
Dominica - John Fitzgerald, Inc.
P.O.Box 655 Great West Park and Play - California
Sanford,FL 32772 Landscape & Design, Inc. (Kammerer,
Steve)
412 Mattie St.
Sanford,FL 32773 273 N Benson Avenue
Bus: (407)323-8822 Upland,CA 91786
Home: 2018 Bus: (909)949-1601
Mobile: (407)920-2256 Home: 2017
Bus Fax: (407)323-0999 Mobile: (909)215-7439
E-mail: julie@fivestarinstallers.com Bus Fax: (909)981-9368
E-mail: skammerer@calandscape.com
Barr,Patricia 4 3/8/2017 11:36 AM
9 Great West Park and Play - Evergreen
Environment, Inc. (Sandoval, Juan)
Great West Park and Play - Childs Play 8609 Mission Blvd
1852 Langley Ave Riverside,CA 92509
Irvine,CA 92614 Bus: (951)332-2218
Bus: (949)252-1186 Home: 2018
Home: 2017 Mobile: (951)337-1757
Mobile: (714)709-1782 Bus Fax (951)332-2219
E-mail: chris@childsplaygrounds.com E-mail: juan@evergreenenvironment.net
Great West Park and Play - Cicero Great West Park and Play - Fullmer
Engineering, Inc. Brothers Landscape Maintenanc, Inc.
1372 E.Valencia Drive (Newbold, Craig)
Fullerton,Ca.92831 1825 N. 1450 W
Bus: (714)871-2800 Lehi,Utah 84043
Home: 2017 Bus: (801)571-9899
Mobile: (562)762-5147 Frank Cicero Home: 2018
Bus Fax: (714)871-2801 Mobile: (801)671-6257
E-mail: fcicero@ciceroengineering.com E-mail: craig@fullmerbrothers.com
Great West Park and Play - Coastal Park Great West Park and Play - Garden Shop
and Recreation - Lapp, Doug Nursery Landscaping
3075 Falda Road 1978 Frazier Avenue
Atascadero,Ca.93422 Sparks,Nv.89431
Bus: (805)441-2952 Bus: (775)358-3080
Home: 2018 Home: 2018
Mobile: (805)441-2952 Mobile: (775)221-0935
E-mail: doug@coastalparkandrec.com Bus Fax: (775)358-3084
E-mail: gslmike@sbcglobal.net
Great West Park and Play - Distinctive
Exteriors, Inc. - Aikens, Phil Great West Park and Play - Great Western
6625 South Valley View Blvd Installations - Olson, Derek
Suite 212 Great Western Installations
Las Vegas,NV 89118 PO Box 97
Bus: (702)385-4555 Wellsville,Ut.84339
Home: 2014 Bus: (800)453-2735
Mobile: (702)286-7091 Home: 2017
E-mail: phil@vegasexteriors corn Mobile: Steve(435)760-5100/Derek(858)337-9195
Bus Fax: (435)245-5057
Great West Park and Play - Evans E-mail: sieve@gwpark.com
Recreation Installation, Inc. Great West Park and Play - K.C. Equipment
P.O.Box 42607
Las Vegas,Nevada 89116 413 S.Magnolia Ave.
Bus: (702)271-8170 El Cajon,CA 92020
Home: 2016 Bus: (619)443-9730
Mobile: (702)271-8170 Home: 2013
Bus Fax: (619)443-9729
us Fax: (702)926-9685
E-mail: doug.e@evansrecreation.com E-mail: info@kcequipmentinc.com
Great West Park and Play - Linnert Builders
1675 No.Shaffer St.
Orange,CA 92867
Bus: (714)974-4393
Home: 2018
Mobile: (714)606-4951
Bus Fax: (714)974-4393
E-mail: blinnert@socal.rr.com
Barr, Patricia 5 3/8/2017 11:36 AM
g Great West Park and Play - Recreation
Installation
Great West Park and Play - Malibu Pacific 1321 N.Lewis Peak Drive
Tennis Courts, Inc. Ogden,Utah 84401
Bus: (801)388-6980
31133 Via Colinas,Suite 107 Home: 2018
Westlake Village,CA 91362 Bus Fax: (801)393-2745
Bus: (818)707-3797 E-mail: julio_membreno@yahoo.com
Home: 2013
Mobile: (818)991-7445 Great West Park and PlayZasueta
Bus Fax: (818)706-1951
E-mail: phil@malibupacific.com Contracting, Inc.
PO Box 866
Great West Park and Play - Play Spring Valley,CA 91976
Foundations, Inc. (Cox,jack) Bus: (619)589-0609
Home: 2016
1330 N.Melrosed Drive Suite F Mobile: (619)843-4048
Vista,CA 92083 Bus Fax: (619)697-6031
Bus: 17602958645 E-mail: azplaygrounds@yahoo.com
Home: 2018
Mobile: 17604209689 Great West Park and Play -Unlimited
Bus Fax: 17602958651
Engineering Contracting, Inc. (Carter,
Great West Park and Play - PSI Kevin)
1747 Colgate Drive 950 Firestone Circle
Thousand Oaks,CA 91360 Simi Valley,CA 93065
Bus: (805)494-3401 Bus: (805)587-7514
Home: 2018 Home: 2017
Mobile: (818)618-2333 Mobile: (818)652-6922
Bus Fax: (805)494-3343 E-mail: unlimitedengineering101@yahoo.com
E-mail: gdonahoe@ix.netcom.corn
Great West Park and Play - Quality Time
Recreation IPR$ Hawaii
P.O.Box 471
Sagum, Danielle
Clearfield,Ut 84089 g
673 W.1860 N. 1481 S.King Street
Clinton,Ut.84015 Suite 226
Bus: (801)718-5367 Honolulu,HI 96814
Home: 2018 Bus: (808)952-7788
Mobile: (801)718-5367 Home: 2017
Bus Fax: (801)728-3558 Mobile: (808)679-1113
E-mail: qtrec@comcast.net E-mail: danielle@ipr-hawaii.com
Great West Park and Play - Rasco m
Construction, Inc.
6588 West 10900 North Marturano - A & H contracting
Highland,Utah 84043 33 Eastwood Blvd.
Bus: (801)360-1723 Manalapan,NJ.07726
Home: 2018 Bus: (732)972-0006
Mobile: (801)360-7123 Home: 2015
Bus Fax: (801)763-7664 Mobile: (732)672-3236
E-mail: Tylertdr@yahoo.com Bus Fax: (732)972-0555
E-mail: ahcontractinginc@aol.com
Barr, Patricia 6 3/8/2017 11:36 AM
m Marturano - Currie Grove, LLC
300 Old Reading Pike
Marturano - AAH Constuction Corp. Bldg. 1,Suite 102
Stowe,Pa.19464
(Cinquemani, Led) Bus: (610)970-8846
21-77 31st Street Suite 107 Home: 2017
Astoria,NY 11105 Mobile: (610)310-5926
Bus: (718)267-1300 Bus Fax: (610)970-4719
Home: 2018 E-mail: curriegrove@aol.com
Mobile: (917)709-2021
Bus Fax: (718)726-1474 Marturano - Dakota Excavating Contractor,
E-mail: leoc@aahconstruction.com
Inc.
Marturano - Buzz Burger Incorporated 200 East Church St.
Bergenfield,NJ 07621
13 Twin Pine Way Bus: (201)439-1000
Glen Mills,PA 19342 Mobile: (201)954-5301
Bus: (610)399-3035 Bus Fax: (201)439-0444
Home: 2016 E-mail: opiedak@aol.com
Mobile: (610)304-9040
Bus Fax: +1 (610)399-3375 Marturano - G & G Builders .-!` •z= _ T 'I;
E-mail: buzz@buzzburgerinc.com • -
4542 Contractors Place
Marturano - California Playground Builders Livermore,Ca.94551
Bus: (925)846-9023
1490 Norman Ave. Home: 2017
Santa Clara,Ca.95054 Mobile: (925)570-7606
Bus: (408)748-1220 or(408)314-3363 Bus Fax: (925)846-9152
Home: 2013 E-mail: gcallahan@ggbuildersinc.com
Mobile: (408)438-2141
Bus Fax: (408)748-1128
E-mail: jeff@built2play.com Marturano - Harris Fence Corp. (Harris,
Jim)
Marturano - Central Jersey Landscaping, 4492 Route 130
Inc. Burlington,NJ 08016
Bus: (609)387-4050
523A Chesterfield-Arneytown Road Home: 2017
Chesterfield,NJ.08515 Mobile: (609)517-7613
Bus: (609)298-2450 E-mail: harrisfence@yahoo.com
Home: 2016
Mobile: (609)722-2082
Bus Fax: (609)298-2436 Marturano - Horizon Concepts, Inc.
E-mail: Mike_CJL@Verizon.net 53 West Hills Road
Huntington Station,N.Y.11746
%' ' Bus: (631)271-1963
Marturano - CMJ Construction, Inc. .F Home: 2016
40 fenton way Mobile: (516)864-1522
Bangor,ME 04401 Bus Fax: (631)271-1975
Bus: (603)828-5225 E-mail: jhines@horizonconceptsinc.net
Home: 2018
Mobile: (603)828-5225 Marturano - Kamback Bros. LLC (Kamback,
Bus Fax: (207)942-5776
E-mail: Chaddah@aol.com Greg)
54 E.Lagoona Drive
Marturano - Community Playgrounds, Inc. Brick,NJ 08723
200 Commercial Street Bus: (732)558-3868
Vallejo,Ca.94589 Home: 2017
Bus: (415)892-8100 Mobile: (732)558-3868
Home: 2017 Bus Fax: (732)477-0046
Mobile: (415)559-8883/415-725-8923 E-mail: gregKamback@comcast.net
Bus Fax: (415)892-3132
E-mail: cwear@commplay.us
Barr,Patricia 7 3/8/2017 11:36 AM
M Marturano - Pat Corsetti, Inc.
610 Fenimore Road
Mamaroneck,NY 10543
Marturano - Kel-Tech Construction, Inc. - Bus: (914)698-5024
Kelleher, Vincent Home: 2017
12-11 Redfern Ave. Mobile: (914)403-4346
Queens,N.Y. 11691 Bus Fax: (914)698-6746
Bus: (718)383-3353 E-mail: acorsetti@prodigy.net
Home: 2017
Mobile: (917)682-3988 Marturano - Performance Flooring Systems
Bus Fax. (718)337-3360 (Melville, Garth)
E-mail: vk@keltechconstruction.com
289 Milton Road
Marturano - Kidzzplay Installation Services Rye,NY 10580
Bus: (917)930-1521
126 Covered Bridge Road Home: 2018
Warwick,N.Y. 10990 Mobile: (917)930-1521
Bus: (800)851-7748 E-mail: garth@sportcourtventures.com
Home: 2016
Mobile: (845)742-1745
E-mail: cs@kidzzplay.com Marturano - Picerno-Giordano
Construction, LLC (Richard Picerno)
Marturano - Lobo Construction Services, 200 Market Street
Inc. Kenilworth,NJ 07033
Bus: (908)241-4331
250 Orchard Road Home: 2017
East Patchoeve,NY 11772 Mobile: (908)296-0505
Bus: (631)286-6184 Bus Fax: (908)241-7854
Home: 2018 E-mail Rich@picernogiordano.com
Mobile: (516)807-8462
Bus Fax. (631)286-6194 Marturano - Playgrounds Unlimited, Inc
E-mail: loboservices @ya h oo.corn
980 Memorex Drive
Marturano - M & M Site Improvement, Inc. Santa Clara,CA 95050
Bus: (408)244-9848
(Mcpherson, Robert) Home: 2016
Mobile: (408)639-4565
53 Gladstone Road
New Rochelle,NY 10805 Bus Fax: (408)330-9256
Bus: (917)679-1012 E-mail: mikea@playgroundsunlimited.net
Home: 2018
Bus Fax: (914)813-8639 Marturano - Rubberecycle, LLC. - Gates,
E-mail: rem129@aol.com
Brian
Marturano - Marrs Playground Installation, P.O Box 106
Springlake,NJ.07762
Co. Bus: (800)922-0070
16860 Paula Road Home: 2014
Madem,Ca.93636 Mobile: (732)433-6121
Bus Fax: (732)947-0226
P.O.Box 318 E-mail: bgates@mrcrec.com
Friant,Ca.93626
Bus: (559)479-8490 Marturano - Scott Construction of
Home: 2017 Rochester, Inc.
Mobile: (559)930-1700
Bus Fax: (559)479-8490 23 Wells Street
E-mail: quincymarrs@comcast.net Rochester,NY 14611
Bus: (585)370-6331
Home: 2018
Mobile: (585)370-6331
Bus Fax: (585)325-2893
E-mail: mscott1299@hotmail.com
Barr,Patricia 8 3/8/2017 11:36 AM
m Marturano - Who Built Creative Builders
80 Alta Dr.
Marturano - Shawn T. Gardner Builders Petaluma,CA 94954
2882 Robert Court P.O.Box 5207
Redding,CA 96002 Petaluma,CA 94955
Bus: (530)222-2771 Bus: (707)763-6210
Home: 2015 Home: 2017
Mobile: (530)945-2041 Mobile: (707)696-7734
Bus Fax: (530)222-3269 Bus Fax: (707)658-2513
E-mail: gardner7878@sbcglobal.net E-mail: jana@whobuilt.biz
Marturano - Silagy Contracting, LLC. Minnesota&Wisc. - C.K.&C. Installation, Inc.
614 Old Post Road 12735-274th Circle
Edison,NJ 08817 Zimmerman, MN 55398
P.O.Box 1096 Bus: (763)856-5293
Edison,NJ.08817 Home: 2018
Bus: (732)287-5544 Mobile: (763)244-0188
Home: 2018 Bus Fax: (763)856-0536
Mobile: (732)921-0780 E-mail: tucker@izoom.net
Bus Fax: (732)287-8978
E-mail: rsilagy@silagycontracting.com
Minnesota&Wisc. - Southern Coating
Marturano - TAJ Assoc Systems
335 Clifton Ave, 8960 205 St.West#432
Staten Island,NY 10305 Lakeville,MN 55044
Bus: (718)415-4555 Bus: (952)469 3439
Home: 2018 Bus Fax: (952)469-3430
Mobile: (917)577-8274 E-mail: scssafetup@frontiernet.net
Bus Fax: (718)442-2567
E-mail: tajassociatesusa@gmail.com
Marturano - Tec-Con Contractors, Inc. Sinclair Recreation - G & C Contracting,
9 Dodd Street LLC. - Krohn, Geoff
East Orange,NJ 07017
Bus: (973)674-9191 16801 S.Mill Creek Rd.
Home: 2011 Noblesville,In.46062
Bus Fax: (973)674-2834 Bus: (317)694-4373
E-mail: Tec_Con@comcast.net Home: 2016
Mobile: (317)694-4373
Marturano - Titan Development, Inc. Bus E-mail:Faands(317) ontrac770-7482
ail: gandccontract@comcast.net
8534 Seaman Rd
Gasport,NY 14067 Sinclair Recreation - Michigan Recreational
Home: 2018
Mobile: (716)913-5957 Construction, Inc.
E-mail: bjvbwood@yahoo.com Sheffer, Craig A.
P.O.Box 2127
Marturano - Whirl Construction ,Wy _-,
Brighton,MI 48116
187 Main Street,
P.O.Box 110 1019Victory Drive
Port Monmouth,NJ 07758 Howell,Mi.48843
Bus: (732)495-3715 Bus: (517)545-7122
Home: 2017 Home: 2016
Mobile: (732)496-5706 Mobile: (313)806-8406
Bus Fax: (732)495-6133 Bus Fax: (517)545-7144
E-mail: info@whirlconstruction.net E-mail: craig@buildingfun.com
Barr, Patricia 9 3/8/2017 11:36 AM
S Sitelines - Picture Perfect Playgrounds
Stoddard, Curtis
Sinclair Recreation - Play Builders LLC P.O.box 807
Ashton,ID 83420
128 E.Lakewood Blvd Bus: (208)652-3284
Suite 40 B
Holland,MI 49424 Home: 2016
Bus: (616)218-1053 Mobile: (208)521-0161
Home: 2011 Bus Fax: (208)652-3285
Mobile: (616)218-1053 E-mail: bookkeeper@pictureperfectplaygrounds.com
Bus Fax: (616)994-0345
E-mail: rich@sinclair-rec.com Sitelines - Precision Recreation
Contractors, Inc.
Sinclair Recreation - Pro Installation Plus, 6821 S.E.Johnson Creek BLVD.
Inc. Portland,OR 97206
Bus: (503)788-4002
60-B W.Terra Cotta Avenue#185 Home: 2018
Crystal Lake,IL 60014 Mobile: (503)572-8248
Bus: (815)479-7220 Bus Fax: (503)788-4003
Home: 2017
Bus Fax: (815)479-7221 E-mail ed@precisionrecreation.com
E-mail: playinstal@aol.com
Sitelines - Proexc, LLC (Kyllonen, James)
Sinclair Recreation - Rent A Son P.O.box 2803
2294 S.Hickory Ridge Road Battleground,WA 98604
Milford,Mi.48380-1920 Bus: (360)666-9276
Bus: (989)233-3210 Home: 2018
Home: 2018 E-mail: office@proexcllc.com
Mobile: (989)233-3210
E-mail: wuerf3@aol corn Sitelines - Prosser & Sons
North 5544 Drumheller
Sitelines - Cascade Mini Excavating, Inc. Spokane,WA 99205-7509
1266 Bay Loop S.W. Bus: (509)326-4907
Home: 2015
Tumwater,Wa.98512 Mobile: (509)993-2840
Bus: (360)556-3552 Bus Fax: (509)326-4907
Home: 2018 E-mail: gmprosser@juno.com
Mobile: (360)556-3544
E-mail: install@cmeplay.net
Sitelines - R & R Construction, Inc.
Sitelines - G.R. Morgan Construction P.O.Box 10
Carbonado,WA 98323
10536 S.W.25th Avenue Bus: (360)829-2300
Portland,OR 97219
Bus: (503)452-4268 Home: 2018
Home: 2018 Mobile: (253)350-7449
Mobile: (503)803-4802 Bus Fax: (360)829-2700
Bus Fax: (503)245-4872 E-mail: wendy@rrconinc.com
E-mail: geo_morgan@msn.com
t
Sitelines - L.W. Sundstrom, Inc.
P.O.Box 893 Total Recreation - Barcon Construction
Ravensdale,Wa.98051
143 EL Cerrito Circle
Bus: (206)730-8901
Home: 2017 San Antonio,TX 78232
Mobile: (206)730-8901 Bus: (210)867-2278
Bus Fax: (425)413-2533 Home: 2019
E-mail: len@lwsundstrom.com Mobile: (210)867-2278
Bus Fax: (210)867-9500
E-mail: bpasini_barcon@yahoo.com
Barr, Patricia 10 3/8/2017 11:36 AM
t Total Recreation - Paradigm Contracting,
LLC. - Bergold, Helen
Total Recreation - Cross Country 10719 Twilight Vista
3804 Simmons Creek Lane Austin,Tx.78736
Flower Mound,Tx.75022-5495 Bus: (512)300-3636
Bus: (972)355-8580 Home: 2017
Home: 2018 Mobile: (512)300-3636
Mobile: (972)768-1713 Bus Fax: (512)692-2947
Bus Fax: (972)355-2902 E-mail: helen@paradigmcontract.com
E-mail: cross.country.corp@gmail.corn
Total Recreation - Pro Playground
Total Recreation - Crosswinds Contracting, Installations, Inc - Schrock, Don
Inc. (Les Shannon) 4 Wedgewood Blvd
905 Sandy Beach Drive Conroe,Tx.77304
Conroe,TX 77304 Bus: (936)443-7235
Bus: (936)522-8522 Home: 2018
Home: 2018 Mobile: (936)443-7235
Mobile: (936)522-8522 Bus Fax: (936)441-3341
E-mail: lesshannon@mac.com E-mail: don@schrockenterprise.com
Total Recreation - DecorCrete, Inc. - Total Recreation - RGH Landscape, Inc.
P.O.Box 51376
Schaeffer, Charles
Amarillo,TX 79159
154 Oak Lane Bus: (806)358-4222
Chatham,La.71226 Home: 2016
Bus: (318)249-2016 Mobile: (806)674-2810
Home: 2018 Bus Fax: (806)358-4222
Mobile: (832)202-9838 E-mail: rghalll@suddenlink.net
E-mail: charlie@decorcrete.com
Total Recreation - Simmons Builders
Total Recreation - Indian Nations Ent - General Contractor, Inc.
Liles, Mike Garvin /Jeff
3804 Simmons Creek Lane
10252 Mustang Run Flower Mound,TX 75022-5495
Forney,Tx.75126 Bus: (972)355-8580
Bus: (214)704-2115 Home: 2018
Home: 2017 Mobile: (972)768-1719
Mobile: (214)704-2115 Bus Fax: (972)355-2902
Bus Fax: (972)564-5755 E-mail: simmons.buildersgc@gmail.com
E-mail: jliles@gmail.com E-mail 2: simmonsbuilders@comcast.net
Total Recreation - Majestic Playground Total Recreation - Wade Contractors, Inc.
Services, LLC. Givens, Maury Scot 23024 Yupon
30274 White Egret Street Porter,TX 77365
Denham Springs,La.70726 Bus: (281)354-1934
Bus: (225)667-3062 Home: 2018
Home: 2017 Mobile: (281)435-8004
Mobile: (225)937-0791 Bus Fax: (501)204-4034
Bus Fax: (225)667-3035 E-mail: Wade Contractors,Inc.
E-mail: scotgivens@cox.net
Triple M Recreation - Four Rivers, LLC. -
Leck, Kris
615 E.Walnut Street
Deming,NM.88030
Bus: (575)494-5788
Home: 2018
Mobile: (575)494-5788
E-mail: kris@lecklandscape.com
Barr, Patricia 11 3/8/2017 11:36 AM
t Williams, David - C & W Construction
15743 Terramont NE
Triple M Recreation - Hansen & Prezzano Minerva,Oh.44657
Bus: (330)495-8590
Builders LLC Home: 2017
PO Box 359 Mobile: (330)495-8590
Peralta,NM 87042 Bus Fax: (330)821-4505
Bus: (505)865-3900 E-mail: charlie@cpsionline,com
Home: 2018
Mobile: (505)228-1130 Williams, David - Playground Equipment
Bus Fax: (505)865-3922 Services, LLC
E-mail: hansenpreaano@gwestoffice.net
8510 Coyhill Lane
Cincinnati,Ohio 45239
Triple M Recreation - Premier Construction
Bus: (513)923-2333
Corporation Home: 2017
899 W.Daniel RD Mobile: (513)236-6906
San Tan Valley,AZ 85143 Bus Fax: (513)923-2444
Bus (520)429 5245 E-mail: eric@playgroundequipmentservices corn
Home: 2018
Mobile: (520)429-5245 Williams, David - Walter Schunk
Bus Fax: (520)529-1301
E mail: alex@premiercorp.us Excavating &Trucking, Inc.
P.O.Box 56
Miamitown,OH 45041
Triple M Recreation - Progressive Bus: (513)353-4760
Playgrounds, Inc. Home: 2017
Mobile: (513)659-9702
12784 N.3rd St Bus Fax: (513)738-0684
Paskes,CO 80134
Bus: (303)805-8992 E-mail: toddschunk@yahoo.com
Home: 2014
Mobile: (303)324-7900
Bus Fax: (303)805-8991
E-mail: mkhickman@msn.com
Triple M Recreation -Triclops Services, LLC
720 Austin Ave.#200
Erie,Co.80516
Bus: (720)323-8845
Home: 2017
Mobile: (720)323-8845
Bus Fax: (303)833-4460
E-mail: blake@irwin-companies.com
w
WI Playground - Captured Live
12 Narhaniel Chrichlow Drive
Valsayn
Trinida
Bus: (868)689-9896
Home: 2018
Mobile: (868)689-9896
E-mail: capturedlivett@gmail.com
Ban-, Patricia 12 3/8/2017 11:36 AM
Contract No.2017001134
Vendor No. 121531
EXHIBIT D
FREIGHT RATE SCHEDULES
The following Freight Rate Schedules are an Exhibit to and is incorporated into the
Contract to provide Playground Equipment,Outdoor Fitness Equipment, Surfacing,Site
Accessories and Related Products and Services(the"Contract") between the City of
Charlotte and Playcore Wisconsin,Inc.d/b/a GameTime.
27
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Contract No.2017001134
Vendor No. 121531
EXHIBIT E
PRODUCT WARRANTIES
The following Product Warranties are an Exhibit to and is incorporated into the Contract
to provide Playground Equipment,Outdoor Fitness Equipment,Surfacing,Site Accessories
and Related Products and Services(the "Contract") between the City of Charlotte and
Playcore Wisconsin, Inc.d/b/a GameTime.
28
F LA►"CORE- Ga meTi me Division
PlayCore Wisconsin,Inc. Garndlime=
Hc,r,h.gg communities through play 150 PlayCore Drive,S.E.
Fort Payne,Alabama 35967 ' '[A. cow
Tel eph one:256/845-5610
REQUEST FOR PROPOSAL 269-2017-028
SECTION 20 WARRANTY DIRECTORY
File Provider
No.
24.00 Warranty Directory
20.01 GameTime Playground Equipment
20.02 GTlmpax
20.03 GTShade
20.04 BigToys (and EaryWorks-NatureRocks)
20.05 Colorado Time Systems MultiSport Scoreboards
20.06 Colorado Time Systems Timing Systems
20.07 Dero
20.08 Everlast
20.09 GT Grandstands
20.10 Harmony
20.11 NRS
20.12 Power Systems
20.13 Spectrum Aquatics
20.14 The Fountain People
20.15 UltraPlay
20.16 UltraSite - UlraShade - UltraShelter
20.17 Water Odyssey
Note: some warranties cover multiple product offerings
3/16/2017 RFP 269-2017-028 Page 20.1
•
150 PlayCore Drive, SE
Fort Payne, Alabama 35967
TGai'néliine
Telephone: 256/845-5610
Facsimile: 256/845-9361
Email: service@gametime.com A p�<a'CC�RE Company
GAMETIME® WARRANTIES •
GameTime provides warranties on all materials and workmanship for one year,
excluding vandalism.
In addition, GameTime offers:
Lifetime limited warranty on PowerScape", PrimeTime®, Xscape® & IONiXk'' uprights.
Lifetime limited warranty on all hardware.
v Lifetime limited warranty on GameTime PowerScape Tru-Loc® connections. -
- ,' Lifetime limited warranty on PrimeTime and Xscape bolt-through connections.
Fifteen-Year limited warranty on metal decks, pipes, rungs, rails and loops.
s' Fifteen-Year limited warranty on rotationally molded products.
' Five-Year limited warranty on glass fiber reinforced concrete PlayWorx structures, •
Five-Year limited warranty on glass fiber reinforced polymers Tuff Forms sculptures.
,' Twenty-Year limited warranty on Timber Decor TM & Timbers recycled plastic lumber.
Five-Year limited warranty on nylon-covered cable net climbers and components.
Ten-Year limited warranty on pressure-treated pine and redwood products.
" Ten-Year limited warranty on Advanced, Elite & stationary Base Series posts & bars.
%' Ten-Year limited warranty on site furnishings.
Ten-Year limited warranty on integrated GTShade® products.
Ten-Year limited warranty on fiberglass and DHPL signage. •
..' Five-Year limited warranty on Super Seats TM
V Three-Year limited warranty on SaddleMates®rubber and "C.-springs.
'' One-Year limited warranty on all other GameTime products.
All warranties specifically exclude damage caused by vandalism; negligence,
improper installation or improper use; changes in appearance resulting from
weathering; scratches, dents or marring as a result of use. Warranties are valid •
only if products are installed and maintained in accordance with GameTime
instructions and use approved parts.
GTW160101 Page 1
GTIMPAY: •
FIBER
TM
Engineered Wood Fiber Surfacing
FIFTEEN YEAR
LIMITED (PERFORMANCE) WARRANTY
Effective June 1, 2008
GameTime warrants the GT Impax Engineered Wood Fiber Surfacing installation to the original purchaser for a
period of fifteen (15)years from date of installation. This limited warranty applies only to GT Impax
Engineered Wood Fiber Surfacing that has been approved for installation.
Performance:
In the event the Materials do not conform or perform as expected, the Limited Warranty shall be limited
to replacement of the defective Materials in question, and shall not include installation or consequential
damages or refund. This Limited Warranty does not cover normal wear.
Conditions:
Ibis Limited Warranty is conditional upon the Surfacing being properly installed and maintained by the
purchaser in accordance with written instructions provided by GameTime.
What Is Covered?
1. GameTime warrants, to the original purchaser, that the GT Impax Engineered Wood Fiber surfacing
system will meet ASTM F 1292-04 at the specified critical height (8 ft. for an 8 in. depth of GT Impax
Engineered Wood Fiber, 12 ft. for a 12 in. depth) for a period of fifteen (15)years from the date of
installation, subject to the conditions and exclusions shown below.
2. GameTime warrants, to the original purchaser,that the GT Impax Engineered Wood Fiber Surfacing
will be free from defects upon delivery, subject to the conditions and exclusions shown below.
If the GT Intpax Engineered Wood Fiber surfacing is defective within the applicable warranty period,
GameTime will, subject to the conditions set forth below, replace defective installation components at no
charge within a reasonable period of time. Components used for replacement under this warranty are
warranted for the remainder of the original warranty period. The replacement of defective components shall
constitute the sole and exclusive remedy in the event of a breach of warranty.
FIFTEEN YEAR
LIMITED (PERFORMANCE) WARRANTY
EXCLUSIONS
Incorrect installation, including insufficient drainage, failure to install all material delivered, failure to maintain
the surface depth thereof, failure to use GT Impax wear mats in high use areas (swings, slides etc.), abnormal
use, lack of or improper maintenance, acts of vandalism shall void this limited warranty and GT Impax shall
have no responsibility with respect to damage resulting there from. In addition,changed impact attenuation
characteristics created by sand or other materials tracked into the System are not covered by this Warranty as is
acts of God, or any other cause beyond the control of GameTime will not be covered by this limited warranty.
NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY
REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN.
THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT
EXTEND BEYOND THE WARRANTIES CONTAINED IN THIS DOCUMENT. GAMETIME SHALL
NOT BE LIABLE FOR ANY INCIDENTAL,CONSEQUENTIAL OR OTHER DAMAGES TO THE
STRUCTURE OR ITS CONTENTS ARISING UNDER ANY THEORY OF LAW WHATSOEVER.
Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitations
of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This
warranty gives you specific legal rights and you may also have other rights that vary from state to state.
Warrantor: GameTime
P.O. Box 680121, Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of installation:
Representative:
GTIMPAY:
90 00
RUBBER ow
Recycled Shredded Rubber Surfacing
WARRANTY
GT Impax Loose Shredded Rubber Surfacing is manufactured from recycled automobile
and truck tires and is guaranteed to meet or exceed the ASTM Standard Specification for
Impact Attenuation of Surface Systems Under and Around Playground Equipment
Playground Surfacing Guidelines used by U.S. Consumer Products Safety Commission.
GameTime warrants GT Impax Loose Shredded Rubber Surfacing against total color loss
for eight years from the purchase date and in turn warrants the impact attenuation
performance of this product for the lifetime of ownership (not to exceed fifty years),
subject to the conditions and exclusions listed below.
All product warranties are conditioned upon GT Impax Loose Shredded Rubber
Surfacing being properly installed and maintained by the end-user in accordance with
the installation and maintenance guidelines available from GameTime.
Game Time's entire liability and the purchaser's sole remedy, in the unlikely event that
GT Impar Loose Shredded Rubber Surfacing does not conform to this guarantee, shall be
limited to the replacement of defective material and shall not include the removal costs or
installation costs or consequential damages or refund.
No other guarantee or warranty is expressed, written or implied except stated herein.
Vandalism,physical loss or any abnormal use shall void this warranty, and GameTime
shall have no responsibility with respect to damage resulting there from. Additionally,
this warranty shall be void f foreign materials that affect impact attenuation are
deposited onto or into these products. Under no conditions shall GameTime be liable for
any damages whatsoever arising from the use of or inability to use the aforementioned
products, even if GameTime has been advised of the possibility ofsuch loss.
Warrantor: GameTime
P.O.Box 680121,Fort Payne,AL 35968
800-23.5-2440
Order number:
Name of project:
Customer:
Location:
Date of Installation:
Representative:
Gamelime®
A PLAYCORE Company
10 YEAR LIMITED WARRANTY
Playcore Inc. (the "Seller")warrants that the GT Impax Interlocking Tile safety surfacing system
will be free from defects in material and workmanship. The Seller further warrants that the GT Impax
Interlocking Tile safety surfacing system complies with the requirements of the ASTM F1292 Standard
specification for impact attenuation of surface system under playground equipment.
The Warranty Covers
• Surface wear due to ordinary abrasion from pedestrian traffic will not penetrate the wear course of
the surface.
• The locking system, installing the tile according to manufacture's specifications, will ensure that the
surface will remain secure and functional.
• The product will comply with the requirements of ASTM F 1292-04 at the height the manufacture
rated the GT Impax Interlocking tile system at the time of purchase.
Duration of Warranty
• This is a 10 year limited warranty,prorated as outlined in the schedule shown below.
This warranty maybe transferred with the property.
Terms of Warranty
• Any segment of a GT Impax Interlocking Tile surface that meets the criteria will be repaired or
replaced, at the Seller's option and in conjunction with the warranty coverage schedule below.
Warranty Submittal Process
• A warranty claim should be made directly to the Seller. All claim submittals will require the
following information. Please provide a description of the claim defect and the date the defect was
discovered, a photographic image if image(if applicable)of the claim defect, the date of the original
installation,the project name and your name, address and phone numbers. The Seller will provide
notification of any additional information and physical evidence that may be required to process your
claim.
Warranty Coverage Schedule
• The Seller shall be responsible for the 100%of the cost of the repair or replacement of any product found to be
defective or not in compliance with the warranty herein within the first six (6)years following the original
shipment of the product. Where any product is found to be defective or not in compliance with the warranty
herein more that six(6)years following the original shipment of the product,the Seller shall only be
responsible for a portion of the cost of the repair or replacement of such products as follows(and the buyer
shall bear and pay the remaining portion of such cost):
Number of years from date of original Percentage of purchase price of product
shipment to date of claim for which Seller is responsible
0-6 100%
More than 6,less than 7 60%
More than 7,less than 8 .40%
More than 8.less than 9 30%
More than 9,less than II) .20%
Warranty Exclusions
This warranty dose not cover:
• Product failure caused by accidents,misuse, natural disaster,vandalism, improper installation or maintenance
and the like (see installation, care and maintenance instructions)
• Color change caused by exposure to UV and/or normal abrasion from pedestrian traffic
• Failure due to improper sub-surface preparation
• Resilient flooring may suffer visible damage as a result of extreme high forces(up to2000 pound per square
inch).
Common contributors of this type of force include but are not limited to stiletto or high heels,as well as narrow
tipped chair supports. GT Impax Interlocking Tile resilient surfacing is not designed to perform under such
concentrated high pressure.
Playcore will not accept claims for damage caused by extreme high force.
Additional Consideration
The Seller's liability is limited to the material and transportation cost of the repair or replacement of the product at
the Seller's option. The Seller shall be responsible for the installation cost and the cost of other work in connection
with the repair and replacement only if such work was performed by Seller in the original installation. Where GT
Impax Interlocking Tile are installed only in high traffic areas or installed in combination with other surfacing
products not sold by the Seller, such GT Impax Interlocking Tiles are excluded from this warranty.
• In the event of repair,replacement, or refinishing under this warranty, the warranty applicable to the
replacement material or to the repaired or refinished product will extend only for the time remaining under
the original warranty.
• The Seller reserves the right to discontinue or change any design or color of any product at any time and
without notice or liability. If, for any reason, products of the type originally purchased are no longer
available at the time a warranty claim is made, Seller may substitute another product determined by Seller
to be of comparable quality and price.
• THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND
FITNESS FOR A PARITCULAR PURPOSE.
• Your exclusive remedy for any breach of warranty is as set forth in the warranty. This warranty gives you
specific legal rights. You may have other rights which vary from state to state.
ETIMPAXA
POURED
TM
Recycled Poured Rubber Surfacing
POURED IN PLACE (PIP)
WARRANTY
Playground Equipment
GameTime warrants the GT Impax recycled poured rubber surface(referred to as PIP)installed and maintained in
accordance to GameTime specifications, under this contract agreement for a period of five (5)years commencing from the
date of substantial completion. This limited warranty shall provide for 100%of the cost for necessary repairs caused by
the failure of the GT Impax PIP due to workmanship and materials only,and pertains only to the surfacing material agreed
to under this contract.
Water Play Equipment
GameTime warrants the GT Impax recycled poured rubber surface(referred to as PIP)installed and maintained in
accordance to GameTime specifications,under this contract agreement for a period of three (3)years commencing from
the date of substantial completion. This limited warranty shall provide for 100%of the cost for necessary repairs caused
by the failure of the GT Impax PIP due to workmanship and materials only,and pertains only to the surfacing material
agreed to under this contract.
Water Play Equipment Only: If aliphatic binder is not used,poured rubber surfacing (PIP) will carry a
maximum one-year(1) warranty.
This limited warranty includes GameTime's obligation to only repair and/or replace any defective materials or
workmanship in the surface area or surface areas that have failed during the warranty period. A failed area or failed areas
include edge raveling,bubbling,delamination,peeling,and loss of integrity as a result of the GT Impax recycled poured
rubber degradation. GameTime is under no obligation or responsibility to repair and/or replace the GT Impax recycled
poured rubber"PIP"surface if damaged during the curing process(Unless specified in contract),damage by vandalism
(including stains,cuts,burns,gouges,etc.),product misuse,abuse or alteration, improper slab or base or sub-base design
or construction,improper drainage, improper or lack of specified required maintenance,any foreign residue that may be
deposited on the surface,normal wear and tear(including slight color variations,and color fading),damage from sharp
objects(high heels,spikes,etc.),problems caused by moisture,alkali,hydrostatic pressure,cracking,shifting,or lifting of
the substrate,or acts of God.
All warranty claims shall be made in writing to GameTime within thirty(30)days after the Owner has knowledge thereof,
but in no event later than thirty(30)days after expiration of the warranty period. The written notification from the Owner
shall include the following: the date of the first notice of the failure, details of the failure,photos of the failed area and a
request for a warranty claim meeting with GameTime at the installation site(if applicable). GameTime shall not be
responsible for warranty claims for any notices received from the Owner after thirty (30)days of Owner's first knowledge
of the failure.
1of ,
GTIMPAY.
POURED
Recycled Poured Rubber Surfacing Warranty
GameTime shall determine the validity of all claims after sufficient evidence has been gathered. GameTime shall then
replace,repair or make a refund for any claims validated by it. Any refund,credit or allowance provided to the Owner on
a warranty claim is exercisable only if said allowance is used to accommodate replacement with a GT Impax recycled
poured rubber surface.
Any dispute as to whether and to what extent there is a GT Impax recycled poured rubber surfacing failure and a
subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by joint investigation and
discussion between GameTime and owner in order to achieve a mutually agreeable solution. If such a solution cannot be
reached within thirty(30)days,then either the Owner of GameTime shall submit the matter to an arbitrator who is a
member of the American Arbitration Association and who shall make a determination in accordance with the rules and
regulation of said American Arbitration Association. The decision of said arbitrator shall be binding on both parties.
This limited warranty is exclusive of the underlying material (e.g. existing surface, existing or new asphalt,concrete,base,
sub-base or sub-grade). If the underlying material fails for any reason whatsoever(including hydrostatic pressure,
cracking,shifting,heaving),then GameTime warranty shall be rendered invalid. If the underlying material is concrete, a
"curing agent" is NOT allowed,as it will probably cause delamination of the GT Impax recycled poured rubber.
Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks,or separating
from an adjacent border,curb or walkway: This limited warranty does not include discoloration as a result of ultraviolet
rays,unapproved cleaning materials or vandalism. WARNING: Surface temperatures can prove dangerous under warm
weather conditions. Shoes and/or socks must be worn during warm weather conditions.
Owner agrees that it will not,under any circumstances, make alterations to the GT Impax recycled poured rubber surface
without the written authorization of GameTime. Any unauthorized alteration by the Owner shall result in the immediate
termination of all warranties for the GT Impax recycled poured rubber surfacing and shall also give rise to the duty of the
Owner to hold harmless,defend and indemnify GameTime from any claim, suit or cause of action,personal injury,death.
or property damage arising out of or related to said alteration.
This limited warranty is expressly made in lieu of any other warranties and is exclusive to the original Owner. Owner
acknowledges that the limited warranty will be voided if the Owner fails to follow the GameTime Maintenance
Guidelines provided by GameTime. Owner agrees that in no event shall GameTime have any liability to Owner for loss
of use or loss of profits or any form of consequential damages. NOTE: The following chemicals can cause potential
damage to the GT Impax recycled poured rubber and should be avoided: disinfectants,concentrated bleach,gasoline,
diesel,hydraulic and lubricating oils,weak acids and organic solvents.
If the contract price is not paid in a timely manner as per the terms and conditions of the agreed contract,the limited
warranty is automatically voided. Any damages to the surface during the curing period will be repaired or paid for at the
Owner's expense. This limited warranty does not lessen or eliminate any other contractual obligation of Owner to
GameTime.
Warrantor: GameTime
P. O. Box 680121,Fort Payne, AL 35968
800-235-2440
Order number:
Name of project:
Customer:
Location:
Date of installation:
Representative: Date
1 of 2
Turf
Product Specification
PART 1 — GENERAL
Work Details:
Provide all labor, materials, equipment, and tools necessary for the complete installation
of synthetic grass safety surface. The system shall consist of, but not necessarily be
limited to, the following:
Synthetic Grass: consisting of fibers that are nominal 1 3/4 inch long. Turf fiber
construction consisting of polyethylene monofilament and texturized
polypropylene thatch tufted to a 2-layer stabilized woven polypropylene fabric
(primary backing), with a secondary backing(stitch binder)of urethane or
Duraflo. (GT Impax Turf TM synthetic turf or equivalent).
Pad Underlavment System A: consisting of porous closed cell composite
materials. Thickness and density of panels shall be sufficient so that system meets
the fall height requirements. GT Impax Turf TM Pad or equivalent.
Pad Underlayment System B: consisting of 50%recycled tire buffings/50%
recycled 1/4"— 12"(inch) chunk rubber mixed with a urethane binder(min. 10%).
Synthetic Grass Infill: consisting of anti-microbial acrylic coated round silica
particles, designed to provide the look, feel, and performance of optimally
maintained natural grass. GT Impax Turf TM Infill or equivalent.
Quality Assurance and Compliance Details:
Impact Attenuation—ASTM F1292-04: Impact attenuation test results will be provided to
the owner or owner's representative. These test results shall be certified and submitted
on the letterhead of an independent testing lab. Impact attenuation test results shall meet
or exceed Consumer Product Safety Commission Guidelines for impact attenuation(G-
max and Head Injury Criteria (HIC).
Accessibility of Surface Systems—ASTMF1951-08: All Playground surfacing products
must pass testing to ensure wheelchair access under and around playground equipment as
required by the American Disabilities Act.
Flammability of Finished Floor cover—ASTMD2859: Product shall meet requirements
of ASTM D2859.
IPEMA Certification: Manufacturer must provide proof of certification. "In the interest
of public playground safety, IPEMA provides an independent laboratory which validates
a manufacturer's certification of conformance to ASTM F1292-04. A list of current
validated products, their thickness and critical heights may be viewed at
www.ipcma.org."
PART 1 — GENERAL (Continued)
Submittal Details:
General: Submit listed submittals in accordance with Conditions of the Contract and
Submittal Procedures Section.
Product Data: Submit manufacturer's product data and installation instructions.
Verification Samples: Submit manufacturer's standard verification samples of 6"x 9"
(153 mm x 229 mm) minimum.
Quality Assurance/Control Submittals: Submit the following:
Certificate of qualifications of the playground surfacing installer.
Closeout Submittals: Submit the following:
Warranty documents specified herein.
PART 2 — MATERIAL DATA:
Synthetic Grass: 1 3/4 inch GT Impax Turf TM from Gametime or approved equal
Face Weight:
• GT Impax Turf TM 50 oz/sy
• GT Impax Turf TM Elite 80 oz/sy
Face Yarn Type: Polyethylene
Yarn Size: 4200/9000
Pile Height:
• GT Impax Turf TM 1 3/4 inches
• GT Impax Turf TM Elite 1 3/4 inches
Color: Blend
Construction: Broadloom tufted
Stitch Rate: 8 per 3 inches
Tufting Gauge: 1/4"
Primary Backing: Stabilized woven Polypropylene (double thickness)
Secondary Backing: 20 oz. Urethane or DuraFlo
Total Product Weight:
• GT Impax Turf TM 69.7 oz/sy
• GT Impax Turf" 99,7oz/sy
Finished Roll Width" 15 feet
PART 2 — MATERIAL DATA (Continued):
Pad Underlayment System A: GT Impax Turf TM Pad Standard recycled,non contaminated,
Post industrial cross-link, closed cell Polyethylene—polyolefin foam pad from Gametime
Pad Underlayment System:
Foam Type: Polyethylene—polyolefin
Bulk Density: 4.0-6.0 lb/cu ft
Effective Size: 24 sq ft(net coverage)
Tensile Strength: 80- 120 psi
Pad Underlayment System B: 50%recycled tire buffings/50%recycled 'A"—'/2"(inch)
chunk rubber mixed with a urethane binder(min. 10%).
Synthetic Grass Infill: GT Impax Turf TM infill from Gametime or approved equal Coating:
Priority acrylic, iron oxide and chromium oxide
Grain shape: 7.0 Mohs
Curvature: .65
Specific Gravity: 2.65 g/cm3
Bulk Density: 92-95 lb/cu ft
Uniform coefficient: 1.00 to 1.40
Effective Size: .90 - .95 mm
Blend rate: 3 to 4 lb per square foot.
Splicing Material: 1000 denier coated nylon (Cordurae) 12"wide minimum.
Adhesive: Synthetic Turf Adhesive
PART 3 — SUB-BASE TYPES AND DETAILS
Sub-base Requirements - The base shall have the specific minimum slope(2%) and shall
vary no more than 1/8"when measured in any direction with a 10' straight edge.
Stone—The density requirement is 90%to 95%compaction with final condition of stone
as level and stable so as not to shift when traveled on or during surface installation
process. A compaction test is required and must be submitted to GameTime prior to
installation of turf surfacing. Failure to provide proof of compaction test will void 5-year
warranty of turf surfacing should signs of sub-base failure occurs.
PART 3 — SUB-BASE TYPES AND DETAILS (Continued)
Depth: 4 inch minimum thickness.
Slope: Stone elevation shall maintain 1/4"per foot toward low end.
Porosity: Base course shall maintain porosity for direct drainage.
Enclosure: Stone base course must be surrounded by a retaining curb.
Drainage: Subsurface drainage is recommended under and around a
stone base. Perforated pipe or similar system is acceptable.
Tolerances: 1/4" in any 10-foot direction and 1/8" in any 3-foot
direction.
Stone Selection: It is critical that different size stones are used so that the
base shall be uniformly mixed. The material shall be
wetted during mixing operations if necessary for proper
blending.
Stone Graduation U.S. Sieve Percent Passing
1" 100
3/4" 90 - 100
No. 4 35 - 60
No. 30 10 - 30
No. 200 2 - 9
Concrete or Asphalt—Concrete should be finished with a medium broom finish. All new
concrete slabs must cure for a minimum of seven (7) days prior to installation. Asphalt
cure time requires fourteen (14) days. Once the new asphalt has cured, it must be
pressured washed prior to the surfacing being installed. The concrete contractor shall be
responsible for flooding the pad to insure proper slope and tolerance. Any areas holding
enough water to cover a flat nickel shall be patched prior to arrival of turf installation
crews.
Depth: 4 inch minimum thickness.
Slope: Concrete or asphalt shall maintain 1/4"per foot.
Tolerance: Concrete must maintain a tolerance of 1/8" in 10 ft. to
avoid low areas that will hold water under the turf.
PART 4 — SITE PREPARATION AND REQUIREMENTS
Drainage — Having proper drainage at the low end of the concrete slab is of utmost
importance. Any brick walls or curbs at the low end of the slab shall have drainage
access through weep holes. Concrete curbing weep holes should be level with finish
grade of sub-base or a minimum of 1/8" below top of concrete slab, as GT IMPAX turf
surfacing is porous and water drains immediately through it. Weep holes shall be 2" high
and 3" wide and shall be installed every three (3) feet. If weep holes are smaller than the
recommended size, they shall be installed every 18". Floor drains shall be located outside
the high impact areas, as the drains may not be covered with GT IMPAX turf surfacing.
Recommended locations for drains are under play unit or against low-end wall or curb.
Security&Waste Disposal—Surface installation crew shall be responsible for the
protection of surface during the installation process while on site only. Owner or general
contractor shall be responsible for the protection of the surface during the curing period
upon completion of the installation and overnight during the installation. Owner or
general contractor shall be responsible for having a dumpster on site for all waste and
debris. Failure to provide security and a dumpster will result in additional cost.
Utilities&Access—Power and water must be available within 300 feet of installation.
Site will require tractor-trailer access. In a case where tractor-trailer access is not
possible, owner or general contractor shall be responsible for transporting materials from
delivering carrier to the installation site.
PART 5 — INSTALLATION
General: The area to be smooth and graded to allow proper drainage. Refer to grading
plan. The overall grade of the playground is not to exceed 3%.
Compacted Aggregate Base: Place 4 inches of aggregate base as leveling layer
compacted to 90%of max density per AASHTO T99. Compaction shall be done with
mechanical compactors, including vibratory compactors, and/or powered tampers, and
rollers. Aggregate size should be 3/4" minus (compactable).
Synthetic Grass: Place turf and cut to fit configuration as shown on Drawings.
Splice seams. All seams must be attached with splicing film/fabric and adhesive as
approved by the manufacturer for this type of installation of their product.
Infill: Apply layers of synthetic grass infill evenly with a spreader and broom the turf
fibers with stiff bristle broom to stand fibers up and allow infill to settle into the bottom.
Broom in GT Impax Turf TM infill approximately 3 to 4 pounds per square foot.
*(irvfrll is only required on the 60 oz. Dura Series. 80 oz Ultra Series does require limited to no infill.
Manufacturer ah+'ays recommends at least a pound of in/Ill per sq foot)
Anchoring/Edging: Edges of turf will be secured to ground with mechanical fasteners,
stakes or edging.
PART 6 — WARRANTY
Gametime offers a 5 year limited product warranty on GT Impax Turf from the
date of purchase. The product shall be free from defects in material and workmanship
resulting in color loss.
Supplier's warranty excludes: any Product defect, damage or failure that is the
direct result of Product abuse, misuse or negligent maintenance; and Product damage
caused directly or indirectly by acts of third parties, including, without limitation,
negligence of owner/operator, vandalism, machinery, animals, flood,chemical reaction,
improper sub-surface preparation and/or installation, improper cleaning methods, and
acts of God.
Ask your GameTime representative for a copy of our full GT Impax turf warranty
details.
PART 7—MAINTENANCE
Ask your GameTime representative for a copy of our full GT Impax turf maintenance
details.
ars ad M.
Warranty
GameTime provides a ten-year limited warranty on all fabric canopies against tears,
runs, cracking and mildew.
GameTime provides a ten-year limited warranty on all fabric colors against fading
except for red, which carries a three-year warranty.
GameTime provides a 90 MPH (miles per hour) limited warranty on the fabric canopy
against wind. The fabric canopy is to be removed if winds are expected to exceed 90
miles per hour.
GameTime provides a 10 to 20 pound per square foot limited warranty on the fabric
canopy against snow and ice. The fabric is to be removed during Winter months when
snow and ice is expected.
GameTime provides a ten-year limited warranty on all metal upright posts and support
structure framing against failure due to structural integrity.
GameTime provides a one-year limited warranty against rusting and workmanship of
painted surfaces.
GameTime provides a 90, 110 or 140 MPH (miles per hour) limited warranty on all
metal upright posts and support structure framing. These calculations are with fabric
canopy installed. Removing the fabric canopy will assist the metal structure to
withstand higher winds by 10 to 20 MPH (miles per hour).
Above warranties are valid from the date of shipment.
All GameTime warranties will be void if damage to or failure to the shade fabric is
caused by contact with chemicals, misuse, vandalism, any act of God, including
but not limited to, ice, snow or wind in excess of the applicable building code
parameters.
All GameTime warranties are invalid if the fabric is installed on structures other
than GTShade, if changes or field modifications are made without written
authorization from GameTime or if the product isn't installed or maintained in
strict compliance with the manufacturer's specifications.
GameTime warranties do not cover the cost of removals, replacements or repairs.
All warranty claims must be filed in writing within the warranty period.
To the extent permitted by law, these warranties are expressly in lieu of any other
implied or expressed warranties or representation by any person, including any
implied warranty of merchantability or fitness. These warranties provide valuable
rights to you. No Sales Representative can modify or amend the terms of this
warranty.
To make a warranty claim, send your written statement of claim, along with the original
purchase invoice or invoice number to:
GameTime
Customer Service
P. O. Box 680121
Fort Payne, AL 35968
Or Contact Your Local Representative at:
USA 1-800-235-2440
International 01-256-845-5610
Within 60 days of notice of claim under warranty, GameTime will make arrangements to
replace the damaged product. GameTime will cover freight costs within the Continental
United States. GameTime is not responsible for freight cost associated with products
located outside the Continental United States. GameTime reserves the right to inspect
all products identified as damaged.
Since warranty limitations and exclusions may vary from state to state, you should
check any specific rights in your state.
GameTime
P. O. Box 680121
Fort Payne, AL 35968
Fax: 256-997-9653
Email: service(c�gametime.com
See GameTime on the web at www.gametime.com
•
(Gáiñélime)
Enriching Childhood Through Play.
2
BigToys & EarlyWorks Environments Limited Warranty l 2017
BigToys earl rks
'� environments
A PLo:}'CORE <onwny
LIMITED WARRANTY ON BIGTOYS
BigToys provides a lifetime limited warranty on BigToys: a fifty-year limited warranty on recycled
plastic lumber including solid recycled plastic decking, enclosure and roof components; a fifteen-year
limited warranty on pipes, rails, loops. and rungs; a lifetime limited warranty on metal upright posts;
and a one-year limited warranty on powder coated parts. These warranties cover damage due to
failure or corrosion of metal parts that cause the product to become structurally unfit for its intended
use. Lifetime warranty covers the life of the product as defined below and cover the product under
normal use, proper maintenance and at original installation location; see exclusions.
LIFETIME LIMITED WARRANTY ON HARDWARE
BigToys provides a lifetime warranty against structural failure due to breaking or shearing which causes
the product to become structurally unfit for its intended use; a lifetime warranty on stainless steel
hardware again rust: and a one-year limited warranty on hardware against rust; see exclusions, All
testing of BigToys hardware is performed under the guidelines of ASTM B117. The lifetime warranty
refers to life of the product as defined below and covers the product under normal use and proper
maintenance. The cost of the replacement due to scratching or cutting of certain hardware plating is not
included in this warranty.
LIMITED WARRANTY ON INTEGRATED SHADE PRODUCTS
BigToys provides a ten-year limited warranty on fabric canopies against tears, runs, cracking,
mildew and color fading except for red. which has a three-year color warranty. Canopies have a
limited warranty against structural failure due to wind of up to 90 miles per hour (mph) and
structural failure due to snow and ice loading exceeding five pounds per square foot. Fabric
canopies are to be removed if winds are expected to exceed 90 mph or when snow or ice is
expected. Fabric warranty does not cover damage resulting from chemical contact.
All metal upright posts and support structure framing have a ten-year limited warranty against
becoming structurally unfit for the intended and a one-year limited warranty against rusting and
workmanship of painted surfaces. Warranty is limited to winds of up to 90 mph when fabric
canopies are installed (wind resistance improves 10 to 20 mph without canopies).
1 I P � i
BigToys & EarlyWorks Environments Limited Warranty 12017
FIFTEEN-YEAR LIMITED WARRANTY ON ROTOMOLDED PRODUCTS
BigToys provides a fifteen-year limited warranty on rotomolded products and ten-year limited warranty
on polyethylene handholds for structural integrity against damage due to breaking or splitting under
normal use that causes the product to become structurally unfit for its intended use; see exclusions. In
the event of a claim under this warranty. BigToys will replace the rotomolded product at no cost to the
customer.
LIMITED WARRANTY ON CONDITIONED WOOD
BigToys provides a fifteen-year limited warranty on conditioned wood components including decks.
enclosures and roofs and on conditioned wood uprights utilizing metal footings; and an eight year
limited warranty on conditioned uprights without metal footings against structural failure due to
deterioration from fungi or insects that render the product to become unfit for its intended use; see
exclusions.
LIMITED WARRANTY ON NET CLIMBERS AND COMPONENTS
BigToys provides a five-year limited warranty on nylon-covered cable net climbers and components
against structural failure caused by cable breakage; a five-year limited warranty on nylon-covered cable
wear and deterioration resulting from defects in material and workmanship; and a one-year limited
warranty on nylon rope products. These warranties cover damage due to failure that cause the product
to become structurally unfit for the intended use; see exclusions.
LIMITED WARRANTY ON SITE FURNISHINGS
BigToys provides a ten-year limited warranty on site furnishings against structural failure and a one-year
limited warranty on powder coating. These warranties cover damage due to failure or corrosion of metal
parts that cause the product to become structurally unfit for the intended use; see exclusions.
LIMITED WARRANTY ON FIBERGLASS SIGNAGE AND HDPE PANELS
BigToys provides a ten-year limited warranty on fiberglass sign panels against delaminating or
fading and a five-year warranty on high density polyethylene (HDPE) panels against degradation
and discoloration.
FIVE-YEAR LIMITED WARRANTY ON BELT AND INFANT SWING SEATS
BigToys provides a five-year limited warranty on belt and infant swing seats against structural failure
that causes the seats to become unfit for its intended use; see exclusions.
2I a q
BigToys & EarlyWorks Environments Limited Warranty 12017
FIVE-YEAR LIMITED WARRANTY ON FREENOTES INSTRUMENTS AND POSTS
Freenotes Harmony Parks instruments and posts carry a five-year limited warranty against
failures in manufacturing or materials.
TWO-YEAR LIMITED WARRANTY ON MOVEABLE PARTS
BigToys provides a two-year limited warranty on moveable plastic and metal with respect to failure due
to material or production defects.
ONE-YEAR LIMITED WARRANTY ON ALL OTHER BIGTOYS PRODUCTS
Products included in the BigToys catalog that are manufactured by other PlayCore companies,
including but not limited to UltraSite, UltraPlay, UltraShade and UltraShelter, will maintain the
warranty of each respective brand.
For the purpose of this warranty, lifetime encompasses no specific term of
years, but rather that Seller warrants to its original customer for as long as the
original customer owns the Product and uses the Product for its intended
purpose that the Product and all parts will be free from defect in material and
manufacturing workmanship.
The warranty is not effective if products have not been installed properly
according to the instructions provided by BigToys, or maintained correctly
according to the BigToys Maintenance Manual.
BigToys excludes from these warranties the cost to remove parts and reinstall
replacements; replacement due to cosmetic defects or coating deterioration caused
by climatic conditions; and wood replacement resulting from twisting, warping,
checking, shrinking, swelling or other natural physical properties of wood.
The warranty does not cover normal wear and tear, surface corrosion on metal
parts, discolored surfaces and other cosmetic issues or failures due to misuse
or vandalism.
3IPac; c
BigToys & EarlyWorks Environments Limited Warranty 12017
To the extent permitted by law, these warranties are expressly in lieu of any
other implied or expressed warranties or representation by any person,
including any implied warranty of merchantability or fitness. These warranties
provide valuable rights to you. No Sales Representative can modify or amend
the terms of this warranty.
Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original purchase
invoice or invoice number to:
BigToys
Customer Service
P.O. Box 680121
Fort Payne, AL 35968
Or Contact you local Representative at
USA 1-866-814-8697
Within 60 days of notice of claim under warranty, BigToys will make arrangements to replace the
damaged product. BigToys will cover freight costs within the continental United States. BigToys is
not responsible for freight costs associated with products located outside the continental United
States. BigToys reserves the right to inspect all products identified as damaged.
Since warranty limitations and exclusions may vary from state to state, you should check any
specific warranty rights in your state.
See BigToys on the web at www.bigtoys.com
41IS4 INTERnAT10NAL
9
PLAY E UIPMENT
001 MANUFACTURERS
A S S O C I A T I O N
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MULTISPORT SCOREBOARD & CONTROLLER
WARRANTY AND LIMITATION OF LIABILITY
This Warranty and Limitation of Liability (the "Warranty")sets forth the warranty provided by
Colorado Time Systems (Seller) with respect to Multisport Equipment. By accepting delivery of the
Equipment, Purchaser agrees to be bound by and accept these terms and conditions. All defined
terms within the Warranty shall have the same meaning and definition as provided in the
Agreement.
1. Scoreboard Warranty Coverage
a. Seller warrants that models: BB-xxxx, BK-xxxx, CM-xxxx, FB-xxxx,CLK-xxxx,CR-xxxx,
HK-xxxx, LX-xxxx,and SC-xxxx series of scoreboards will be free from defects in
materials and workmanship for a period of five (5) years (the "Warranty Period").
The warranty period shall commence as soon as the Purchaser. customer or any
other party occupies or operates the scoreboard,or 3 months after shipment.
b. Seller's sole responsibility for any breach of the foregoing warranty shall be to
repair or replace equipment or ports not forming to the aforesaid warranty at
Seller's option either on-site or upon return thereof to Seller. Return transportation
charges shall be pre-paid by Purchaser. Returned products must be properly
packaged. Upon repair,Seller will pay return shipping costs for ground
transportation only. Overnight, express,or other special shipping costs will be paid
by Purchaser.
c. Defects shall be defined as follows. With regard to the Scoreboards (excepting
LEDs).a "Defect"shall refer to a material variance from the design specifications
that prohibit the Scoreboard from operating for its intended use. With respect to
LEDs, "Defects"are defined as LED pixels that cease to emit light, The limited
warranty provided does not impose any duty or liability upon Seller for partial LED
pixel degradation. Nor does the limited warranty provide for the replacement or
installation of communication methods including but not limited to: wire,fiber
optic cable,conduit, or trenching for the purpose of overcoming local site
interference radio equipment substitutions.
2. Controller Warranty Coverage
a. Seller warrants that wireless controller models: WHC-1 and WTTC-1 will be free from
defects in materials and workmanship for two (2) years (the "Warranty Period").
The warranty period shall commence as soon as the Purchaser,customer or any
other party occupies or operates the controller, or 3 months after shipment,
b. Seller's sole responsibility for any breach of the foregoing warranty shall be to
repair or replace equipment or parts not forming to the aforesaid warranty at
Seller's option either on-site or upon return thereof to Seller. Return transportation
charges shall be pre-paid by Purchaser. Returned products must be properly
packaged. Upon repair. Seller will pay return shipping costs for ground
transportation only. Overnight,express,or other special shipping costs will be paid
by Purchaser.
3. Conditions and Limitations
1551 E 11'"Street, Loveland,CO 80537 USA• +1(970)667-1000• (800)279-0111 •+1(970)667-5876(fax)
www.coloradotime.com-rev 06113
a. This warranty covers equipment provided under agreement by Seller only. Seller
reserves the right to use new or equivalent to new parts in the service of its
products. This warranty does not apply to independent third party installation or
service labor. It does not provide routine or emergency maintenance services. It
does not apply to normal LED degradation,or replacement of batteries.
b. Said warranty shall not apply to resulting damage in any of the following cases:
i. Neglect, abuse or damage caused by user including failure to operate
and maintain according to end-user documentation furnished with the
product.
ii, Improper storage,installation,maintenance or servicing of the equipment
by anyone other than Seller or an Authorized Seller's representative.
iii. Improper environmental control (storage and/or use) of electronic
equipment.
iv, Power surges.water damage, lightning or other"acts of nature."
v. Vandalism or acts of terrorism or war.
vi. Excessive application of electrical power or improper power connection.
vii. Removal of warning labels and protection devices.
viii. Installing non-factory replacement parts.
ix. Use of high-pressure washers or exposure to concentrated detergents or
other chemical agents or solvents.
c. Disclaimer
i. Said warranty is in lieu of all other warranties of Seller. express or implied.
and except to the extent herein provided,Seller does not make any
warranty whatsoever to Purchase including,without limitation,any
warranty of merchantability or fitness for any particular use or purpose.
Seller's entire liability and Purchaser's exclusive remedy for damages from
any cause whatsoever, and regardless of the form of action,whether in
contract or in tort including negligence,shall be limited to actual
damages up to the purchase price of the Equipment. The foregoing
limitation of liability will not apply to claims by Purchaser for bodily injury or
damage to real property or tangible personal property for which Seller is
legally liable. In no event shall Seller be liable for any special,punitive,or
consequential damages or lost profits even if Seller has been advised of
the possibility of such damages. Seller will not be liable for any claim by
Purchaser based on any third party claim.
1551 E 11'"Street,Loveland,CO 80537 USA• +1(970)667-1000• (800)279-0111 • +1(970)667-5876(fax)
www.coloradotime.com-rev 06/13
Equipment Warranty
‘..„..„—•-
Colorado Time Systems warrants the following products against any defects in materials and workmanship affecting
electronic and mechanical performance for two years from the date of purchase:Timing Consoles,Start Systems,Touchpads,
Relay Judging Platform, Shot Clocks, Pace Clocks, LED and Light Reflective Scoreboards, and Matrix Displays. Colorado
Time Systems warrants Titanium Deckplates against any defects in materials and workmanship for five years from the date
of purchase.
All other components associated with the above equipment including cable harness, deckplates (excluding Titanium
Deckplates), wallplates, push buttons, test meters, microphones, speakers, data cable, etc. will have a one-year limited
warranty. Dolphin Wireless Stopwatch Systems are also warranted for one year;not including the batteries. Any computer
equipment associated with the above products has a six-month limited warranty.
Colorado Time Systems' products, when properly installed, are warranted not to fail due to defects in materials and
workmanship. This warranty is limited to the original purchaser of the product and is not transferable.
Colorado Time Systems will, at its option, repair or replace the defective product at no additional charge except as set
forth below. Repaired components. parts. and replacement products will be furnished on an exchange basis and will be
either reconditioned or new. All replaced parts and products become the property of Colorado Time Systems. This limited
warranty does not include service to repair damage to the product due to the modification of the product,misuse,abuse,
neglect, negligence, vandalism, accident, or abnormal conditions including: war, flood, accident, lightning or other acts of
God or damage caused by occurrences over which Colorado Time Systems has no control.
Limited Warranty service may be obtained by delivering the product or component part to Colorado Time Systems. You
agree to insure the product or assume the risk of loss or damage in transit, to prepay shipping charges to the service
location, and to use the original shipping container or equivalent. Repaired products will be returned to you by surface
delivery at Colorado Time Systems' expense or by air freight at the buyer's expense. On-site service calls are available for
a fee.
All expressed and implied warranties for these products including the warranties of merchantability and fitness for a
particular purpose are limited in duration to a period of two years (or one year,as applicable),from the date of purchase
and no warranties,whether expressed or implied,will apply after this period. Some states do not allow limitations on how
long an implied warranty lasts,so the above limitations may not apply to you.
If the product is not in good working order as warranted above, your sole remedy shall be repair or replacement as
provided above. In no such event will Colorado Time Systems be liable to you for any damages, including lost profits, lost
savings,or other incidental or consequential damages arising out of the inability to use the product,even if Colorado Time
Systems has been advised of the possibility of such damages or for any claim by any other party.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or
exclusions may not apply to you. This warranty give you specific legal rights,and you may also have other rights which may
vary from state to state.
Rev 02/16
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Colorado Time Systems 1 1551 E 11th St.1 Loveland.Co 80537 1 USA I+1(970)667-10001+1(970)667-5876(fax)1 www coloradotime.com 1(800)279-0111
cc :
WARRANTY
Dero will warrant its products against defects in workmanship and materials for a period of (12) months from the date of
delivery for all products consisting of TGIC powder coat, Thermoplastic powder coat, stainless steel finishes, and for a
period of two years on products consisting of galvanized or Thermoplastic/PVC rubber dip over galvanized finishes. Under
this warranty, Dero's liability is limited to repair or replacement, at Dero's option of products found in Dero's reasonable
judgment to have been defective in workmanship or materials.
This warranty does not cover failure due to negligence, abuse, vandalism, accidents, lack of maintenance, or improper
installation; nor does it cover defects or failure due to products tampered with, altered, modified or repaired by anyone not
approved by Dero.
The air pump for the Dero Air Kit 1 is warranted for above freezing temperatures. The air pump is not warranted in below
freezing temperatures and it is strongly recommended that air pumps are removed and stored indoors during periods of
below freezing temperatures. There is a six month warranty period for the pump, parts and gaskets. Acts of God.
improper use or vandalism are not covered by this warranty
The Dero Air Kit 2 and Air Kit 3 are warranted for temperatures ranging from -30 — 110 degrees. There is a one year
warranty period for the pump, parts and gaskets, and a six-month warranty on the hose and pumphead. Acts of God,
improper use or vandalism are not covered by this warranty
Dero will assume transportation charges for return of the defective product if returned by the buyer in accordance with
written instructions from Dero Dero will not be responsible for providing the cost of labor for removal or installation of the
defective product or any replacement. In no event shall Dero be liable for special, inherent or consequential damages.
including,without limitation, loss of use or profits.
Proof of sale from Dero or from an approved dealer is required. The foregoing warranty is exclusive and is given and
accepted in lieu of any and all other warranties, expressed or implied, including,without limitation, the implied warranties of
merchantability and fitness. The remedies of buyer for any breach of warranty shall be limited to those provided herein.
No agreement varying or extending the foregoing warranty will be binding upon Dero unless it is in writing and signed by a
duly authorized officer of Dero.
Any questions regarding this warranty should be directed to:
Dero
504 Malcolm Ave SE
Suite 100
Minneapolis, MN 55414
Toll free 888-337-6729
www.dero.corn
•
LIMITED WARRANTY
Everlast Climbing Industries, Inc. ("ECI")warrants to the original purchaser that products from
ECI will be free from defects in materials and workmanship for a period of one full year from the
date of purchase, normal wear and tear excepted. Should the products purchased directly from
ECI, or authorized partners, fail to conform to this warranty during this one year warranty period,
ECI will, at its option, repair or replace the faulty unit(s) at no additional charge. This limited
warranty does not include service to repair damage to the products purchased from ECI,or
authorized partners,resulting from a cause other than defect or malfunction, including neglect,
accident, unreasonable use or servicing or modification by anyone other than ECI.
EXCEPT AS SET FORTH ABOVE, ALL PRODUCTS PURCHASED FROM ECI ARE SOLD
"AS IS." ECI MAKES NO WARRANTIES EXPRESS OR IMPLIED HEREUNDER AND
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE.
Warranty service may be obtained by contacting ECI in writing at the address shown below
within one year of original purchase and providing proof of purchase date. You,the original
purchaser, agree to pay the cost for ECI to ascertain that damages have occurred. For further
information, contact:
Everlast Climbing Industries,Inc.,
133.5 Mendota Heights Road, Mendota Heights, MN 55120
Phone: (651) 665-9131 Toll Free: (800)476-7366
All warranties on the products purchased from ECI are limited to one year from the date of
purchase.
Failure to install and maintain products according to ECI's Installation and/or Maintenance
Instructions will void this warranty. Any modifications or changes to the product's panels,wall
products or hand holds, without ECI's express written approval, will void this warranty.
If the product does not conform with the warranties given as stated above, your remedy is to have
the unit repaired or replaced as provided above. In no event will ECI be liable for any loss or
damage, including damages of any kind arising out of the use of or inability to use this product,
for incidental or consequential damages, or for any claim by anyone other than you,the original
purchaser.
Some states do not allow limitations on warranties and do not allow the exclusion or limitation of
incidental or consequential damages, so any such limitation or exclusion may not apply to you.
This warranty gives you specific legal rights which may vary from state to state.
Purchasing Entity:
Purchase Date:
Keep this document for your records and proof of warranty.
•■
GT GRANDSTANDS
A ELA CORE Company
NR - SERIES—ALUMINUM ANGLE FRAME
MANUFACTURER: GT Grandstands, Inc., 2810 Sydney Road, Plant City, FL 33566, Ph (866) 550-
5511, Fax (813)305-1419
DESIGN: The bleachers shall be designed to support, in addition to their own weight,a uniformly distributed
live load of not less than 100 psf of gross horizontal projection of the bleachers. All seat and foot plank
members shall be designed to accommodate 200 plf across a 6' span with a maximum deflection of 9/16".
The bleachers shall be designed to resist,with or without a live load, a horizontal wind load of 30 psf of gross
vertical projection. In addition to the live load. the bleachers shall be designed to resist the following sway
forces: (1) 24 plf of seat plank in a direction parallel to the length of the seat, and (2) 10 plf of seat plank in a
direction perpendicular to the length of the seat. Under these loads, stresses in aluminum members and
connections shall not exceed those specified for Building Type Structures by the Aluminum Association.
CONSTRUCTION: The understructure, including crossbracing,shall be of a welded, aluminum angle(6061-
T6 alloy, mill finish)construction. The understructure of each unit shall consist of frames spaced at 6'centers
joined by crossbracing at adequate points to comply with the design loads.
FRAME MEMBER SIZES:
Seat Posts: 3" x 2"x 3116" min. (Row 2)
1 3/4"x 1 314" x 3/16" min. (All other rows)
Foot Brackets: 2" x 2"x 3/16" min.
Crossbracing: 1 1/2"x 1 1/2" x 3/16" min.
Bottom Runners: 2" x 2" x 3/16" min.
DIMENSIONS: The rise per row shall be 7", seat height 16"above respective tread,and tread depth per row
of 24". Overall depth of unit is 2' 9-5/8". Clear width of unit is 15'. Top row seat height is 1'-11".
SEAT PLANKS: Seat planks shall be 2"x10"nominal,extruded 6063-T6 aluminum alloy with a clear anodized
finish and end cap. (Finished size shall be 1 3/4" x 9 5/8". .075'wall with two internal legs.).
TREAD PLANKS: Tread planks shall be of one 2"x10"nominal,extruded 6063-T6 aluminum alloy with a mill
finish and end cap. (Finished size shall be 1 3/4" x 9 5/8". .075"wall with two internal legs.),
ALUMINUM PLANK HARDWARE: Tie-down assemblies consisting of a four-way adjustable aluminum clip,
with galvanized bolt with nut and washer shall be provided for each connection point at each support.
WARRANTY: GT Grandstands warrants to the Buyer that its bleachers shall be free from defects in material and
workmanship under normal use for a period of five (5) years provided they are installed per GT Grandstands
installation instructions and that component parts supplied by GT Grandstands are used. GT Grandstands
obligation under this warranty shall be limited to repair and exchange of any such item,which may prove defective
under normal use(vandalism and premeditated damage excluded)during such period. GT Grandstands will release
the warranty documents to the buyer only after the Buyer has paid GT Grandstands in full the final contracted
amount.
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Freenotes Harmony Park Warranty
Our Outdoor Musical Instruments are designed for durability and playability. We are
confident that they will withstand all types of normal weather conditions and normal
frequent play. They will never need re-tuning and can be enjoyed by all, any age or
ability.
All Freenotes Harmony Park ("FHP") instruments will be built to our documented
procedures and with the highest quality. Our warranty provides that our products will
be free of defects in manufacturing and material.
Warranty begins on date of shipment. If any failures in manufacturing or materials
occur within the applicable warranty period, FHP will provide replacement parts or
products as determined by FHP within 30 days after written notification.
All FHP products carry a 5-year limited warranty on all standard/stock
instruments and posts. All custom instruments and posts carry a 90 day
warranty.
This warranty is valid for purchases on or after January 1, 2016.
This warranty is valid only if the mounting/assembly and ground/foundation works are
carried out as described in the Installation Instructions of your FHP products and
maintained according to the maintenance instructions provided by FHP. For all
warranty issues it is the responsibility of the customer to cover all shipping costs, when
necessary, for warranty items. FHP will not be responsible for providing labor or labor
costs for the replacement of products or parts.
All replacement parts or products will be covered for the duration of the original
warranty.
All products must be inspected immediately upon arrival. It is your responsibility to
note any shipping damage on all copies of shipping paperwork. You must report any
damage within 48 hours to Freenotes Harmony Park or to your FHP distributor.
Damage not reported within this time frame cannot be covered under warranty.
FHP cannot warrant against:
Theft, vandalism, misuse, negligence or accident.
Scratches on paint, aluminum, or any finishes.
Cosmetic issues or wear and tear from normal use.
194 Bodo Dr.Suite F,Durango,CO 81303,P: (970) 375-7825,F: (970) 247-0856
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A PLA'1'CORE Company
5120 Investment Drive, Fort Wayne, IN 46808
Toll Free (888)-568-9064
Fax (260)-482-7449
E-mail:salesobleachers.net
Online:www.bleachers.net
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Limited Warranty Information;
The product I purchased is not what I expected. Can I return the product?
You may return items within 30 days of receipt for a refund. All products are warranted free of
manufacturer defects for 90 days from invoice date. No other warranty,written, or implied,
exists unless noted on the website or in the catalog.
To return a product, please call our customer service department 800.321.6975 to receive a
return merchandise authorization number. You must have pre-authorization prior to returning a
product.
Due to manufacturing changes and raw material costs,some product characteristics may vary
slightly and prices may be affected.
Warranties
Power Systems(PS), LLC issues limited warranties on some of our products.We do list 3 and 5
years on some products - this does not cover normal wear and tear. This limited warranty
states that the goods shall be free from defects in material and workmanship.
This warranty shall not apply in the event of defects caused by: (I.) Physical abuse of the goods
or any component or acts of vandalism by any persons. (II.)Alterations, modifications made to
our products will void the warranty. (Ill.)This warranty does not extend to normal wear and
tear of a product.
power
your
5700 Casey Drive I Knoxville, TN 37909 1800.321.6975 I powersystems.com potential
SPECTRUM AQUATICS ® WARRA \TY
• TWO-YEAR LIMITED WARRANTY ON AQUATIC LIFTS
• THREE-YEAR LIMITED WARRANTY ON STAINLESS STEEL DECK
EQUIPMENT & AQUATIC LIFT FRAME*
What is covered by this warranty?Spectrum Aquatics'warrants all products it manufactures to be free from defects in materials and
factory workmanship to the original buyer. This warranty is contingent upon the proper installation, use, care and operation of the
equipment for its intended purpose, and does not cover equipment that has been modified or has been subjected to abusive physical
or environmental stresses. Spectrum Aquatics' agrees to repair or replace, at its sole discretion, any product that fails to perform as
specified within the specified warranty period, unless otherwise noted.Warranty on pool lifts and lift components will be valid from
the date of installation,which is verified by sending in the warranty card.In cases where the warranty card is not returned to Spectrum
Aquatics,the beginning date for the warranty period will be the date that the pool lift was shipped from Spectrum
This warranty relates only to defects in materials and workmanship and does not include damage or failure resulting from other
causes, including, but not limited to, acts of God, misuse or abuse, accident or negligence, fire, improper installation or ice damage.
This warranty does not apply to fading of materials or to any corrosion of any metallic parts. Damage induced by the improper use
of chemicals is not covered by this warranty. In the event that products are altered or repaired by anyone without the prior written
approval of Spectrum Aquatics',all warranties are voided.
What will Spectrum do related to the product covered by this warranty?Spectrum shall provide,F.O.B.the factory,new or reconditioned
replacement product or parts(Spectrum's option).This warranty does not cover labor to remove or install equipment and parts.
What is not covered by this warranty?Damage or loss in transit as indicated by bill of lading, normal wear and tear,chemical damage,
discoloration, misuse and damage or loss caused by neglect, abuse, vandalism, modification, improper installation, lack of proper
maintenance (such as keeping products clean, lubricating battery contacts on lifts, etc.) or physical damage are not included in this
warranty. See owner's manual for recommendations related to the use and care of the product.
Powder Coated Products: This warranty does not cover chipping, flaking, scratches or any other surface defect due to abuse,
mishandling of product, or lack of maintenance and care. Due to the corrosive environments, this warranty does not cover surfaces
damaged during handling or installation.Although powder coating on product is designed for long-term use,keeping products outside
in the elements, inside a highly humid environment, excessive washing (including power washing) or improper maintenance may
result in premature corrosion.
Parts:Components of products provided by other manufacturers are subject to the original equipment manufacturers(OEM)warranty.
Examples include but not limited to batteries, actuators,control systems,valves, pumps,etc.
IMPORTANT: TO ENSURE SAFE OPERATION, USERS MUST COMPLY WITH THE PUBLISHED WEIGHT LIMITS ON SEVERAL PRODUCTS
SUCH AS SLIDES, LIFTS, CHAIRS, STARTING PLATFORMS, STANDS AND LADDERS. REFER TO PRODUCT LITERATURE AND MANUALS FOR
THESE LIMITATIONS.
To make a warranty claim,contact:
Spectrum Aquatics'
7100 Spectrum Lane
Missoula, MT 59808
info@spectrumproducts.com
Your Rights Under State law:This warranty gives you specific legal rights,and you may also have other rights,which vary from state to state.Spectrum Aquatics'
disclaims all liability for damage during transportation,for incidental,special or consequential damage of whatever nature,for damage due to handling,installation,or
improper operation,or for damage caused by circumstances beyond Spectrum Products'"'control;in no event shall recovery of any kind against Spectrum Products"'be
greater in amount than the purchase price of the equipment sold by Spectrum Aquatics'that caused alleged damage.Spectrum Aquatics"makes no warranties either
expressed or implied,including any warranty of merchantability or fitness for particular purpose,other than these stated.Some states do not allow the exclusion or
limitation of incidental or consequential damages,or limitations on how long on implied warranty lasts,so the above exclusions may not apply to you.No representative
has authority to change or modify this warranty in any respect.
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PLAYSYSTEMS
U Play Today"' Warranty
UltraPlay Systems, Inc. warrants its products to be free from defects in materials and/or workmanship, sub-
ject to normal usage and installation,for a period of 1-year from the date of shipment to the original pur-
chaser. In the event of a claim under this warranty, UltraPlay Systems will replace the component at no cost
within the first 12 months from date of shipment to the original customer. Equipment not specifically ad-
dressed in the following paragraphs is also subject to this limited 1 year warranty against defects in materials
and/or workmanship.
TEN-YEAR LIMITED WARRANTY ON UPRIGHT POSTS
UltraPlay Systems provides a limited warranty on metal upright posts to be free from defects in materials
or workmanship against structural failure which causes the product to become unfit for its intended use,
subject to normal usage and installation, for a period of 10 years from the date of shipment to the original
customer.
FIVE-YEAR LIMITED WARRANTY ON METAL PARTS
UltraPlay Systems provides a limited warranty on metal decks, steps, stairs, rails, pipes, support posts, rungs,
loops, swing frame yokes and clamps to be free from defects in materials or workmanship against structural
failure which causes the product to become unfit for its intended use, subject to normal usage and installa-
tion,for a period of 5 years from the date of shipment to the original customer.
FIVE-YEAR LIMITED WARRANTY ON GROUND-MOUNT METAL PARTS
UltraPlay Systems provides a limited warranty on metal footers, inground footers, surface mount plates,
ground spikes, slide and climber mounting posts and plates to be free from defects in materials or work-
manship against structural failure which causes the product to become unfit for its intended use, subject to
normal usage and installation,for a period of 5 years from the date of shipment to the original customer.
THREE-YEAR LIMITED WARRANTY ON PLASTIC PARTS
UltraPlay Systems provides a limited warranty on the following plastic parts:slides, climbers, roofs, tunnels,
bridges, panels and border timbers.These components are warranted to be free from defects in materials or
workmanship, subject to normal usage and installation,for a period of 3 years from the date of shipment to
the original customer.
ONE-YEAR LIMITED WARRANTY ON HARDWARE
UltraPlay Systems provides a limited warranty on hardware to be free from defects in materials or work-
manship against structural failure due to breaking or shearing, subject to normal use and installation,for a
period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON HDPE CLIMBERS AND HDPE SPRING RIDERS
UltraPlay Systems provides a limited warranty on high density polyethylene (HDPE) climbers and spring rid-
ers against degradation for a period of 1 year from the date of shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON SPRING RIDER METAL PARTS
UltraPlay Systems provides a limited warranty on metal springs, bases and brackets of spring riders to be
free from defects in materials or workmanship against structural failure which causes the product to become
unfit for its intended use, subject to normal usage and installation,for a period of 1 year from the date of
shipment to the original customer.
ONE-YEAR LIMITED WARRANTY ON STRAP AND TOT SEAT
UltraPlay Systems provides a 1 year limited warranty on strap and tot swing seats against structural failure
that causes the seat to become unfit for its intended use. Additionally, chain,"5"- hooks and hangers are cov-
ered under a one-year limited warranty.
LIMITED WARRANTY ON SITE FURNISHINGS
UltraPlay Systems provides a five-year limited warranty on the finish of thermoplastic coated site furnishings
from the date of shipment to the original customer. Additionally,all site furnishings are guaranteed to be
free from defects in materials or workmanship for one-year from the date of shipment to the original cus-
tomer.
All warranties specifically exclude damage caused by man-made or natural disasters, vandalism, negligence,
improper installation or improper use, modification,changes in appearance resulting from weathering,
scratches, dents,discoloration, normal wear and tear,or marring as a result of public or private use.
Claims are limited to replacement of equipment only and do not include any costs associated with labor,
removal or installation of the original or replacement product.
Warranties are valid only if products are installed and maintained in accordance with UltraPlay installation
instructions and use of approved parts.
This warranty is applicable to the original owner only.Warranties are non-transferable.
Claim Procedure:To make a warranty claim,send your written statement of claim, photographs of defective
equipment along with the original purchase invoice or invoice number to:
UltraPlay Systems
Customer Service
1675 Locust Street
Red Bud, IL 62278
Or Contact a Customer Service Representative at:
1-800-458-5872
Within 60 days of notice of claim under warranty, UltraPlay Systems will make arrangements to replace the
damaged product. UltraPlay Systems will cover freight costs within the continental United States.UltraPlay
Systems is not responsible for freight costs associated with products located outside the continental United
States. UltraPlay Systems reserves the right to inspect all products identified as defective. Photos of defective
equipment may be required to accompany warranty claims.
Since warranty limitations and exclusions may vary from state to state,you should check any specific war-
ranty rights in your state.
Date of Purchase:
Purchaser:
UltraPlay Invoice Number:
Authorized UltraPlay Signature
Title
Visit UltraPlay on the web at www.ultraplay.com & www.uplaytoday.com
( IPEMA
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WARRANTY
UltraSite provides a limited warranty on site furnishing products. These warranties cover
damage due to failure or corrosion of metal parts that cause the product to become
structurally unfit for its intended use. The warranty covers the life of the product as
defined below, and covers the product under normal use with proper maintenance, and
at original installation location. See exclusions* (page 5).
THERMOPLASTIC COATED PRODUCTS
UltraSite provides a 5-year Limited Warranty on Thermoplastic coated site amenities.
UltraSite guarantees all items for one full year to be free of defects in workmanship or
materials when installed and maintained properly. We agree to repair or replace any
items determined to be defective. Items specifically not covered by this warranty include
vandalism, man-made or natural disasters, lack of maintenance, normal weathering, or
wear and tear due to public abuse.
Items damaged or lost in transit are the responsibility of the carrier, whether visible or
concealed. It is the responsibility of the recipient to assure that the order is received
complete. Before signing the delivery receipt, inspect the shipment immediately and
completely. Note any damages or shortages on the bill of lading. Damage reports must be
filed within 5 days. UltraSite is not responsible for damages or loss in transit. Title to all
goods passes to the customer at the time of shipment. UltraSite will assist in filing claims
if the freight arrangements were made by UltraSite at your request.
HARDWARE
UltraSite provides a lifetime limited warranty on hardware against structural failure due
to breaking or shearing which causes the product to become structurally unfit for its
intended use; a lifetime warranty on stainless steel hardware against rust;and a one-year
limited warranty on hardware against rust. See exclusions. The lifetime warranty refers
to the life of the product as defined below and covers the product under normal use and
proper maintenance. The cost of replacement due to scratching or cutting of certain
hardware plating is not included in this warranty.
RECYCLED PLASTIC LUMBER PRODUCTS
UltraSite provides a 5-year limited warranty on recycled plastic lumber products in normal
applications against splintering, decay or structural damage directly from termites or
fungal decay that causes the product to become structurally unfit for its intended use.
See exclusions* (page 5)
UltraSite Warranty Created 1.2017
ultra$itE
UltraSite guarantees all materials and workmanship for 5-years on any product made
completely from our 100% Recycled Plastic. The guarantee excludes vandalism, improper
use, product alterations, misuse, negligence, accident, theft, corrosion caused by
chemicals, ice or snow damage and acts of God.
IPE WOOD, RED STAINED WOOD, PRESSURE TREATED WOOD AND UNTREATED WOOD
UltraSite provides a 1-year limited warranty on IPE wood, red stained wood, pressure-
treated wood and untreated wood products against rotting, splintering, decay or
structural damage directly from termites or fungal decay that causes the product to
become structurally unfit for its intended use. Checking in the surface of planks are
natural in all wood products and are not covered under this limited warranty. The
guarantee excludes vandalism, improper use, product alterations, misuse, negligence,
accident, theft, corrosion caused by chemicals, ice or snow damage and acts of
God. Please follow the maintenance procedures as specified in the product maintenance
guide.
LIMITED WARRANTY ON WATER FOUNTAINS AND DOG FOUNTAINS
UltraSite provides a 1-year limited warranty on all the water fountains and related
components.
ULTRASHADE STRUCTURES
UltraShade warrants that the shade structure sold will be free from defects in materials
under intended use for a period of 10-years from the date of delivery(Structure& Fabric).
UltraShade and its suppliers will be liable for repair or replacement of materials found to
be defective. The repair or replacement of materials shall be at the expense of
UltraShade.
This warranty is in effect only if the structure has been assembled and installed in
accordance with the UltraShade's installation drawings, and has been subjected only to
normal intended use and exposure. UltraShade shall not be responsible for delays due to
missing, stolen or non-conforming parts. Any rework/retrofit of non-conforming part
must be authorized by UltraShade. This limited warranty is void if any damage has
resulted from abnormal use, abuse, accident, vandalism, maintenance, misapplication,
service or modification by someone other than UltraShade, authorized dealers, or
authorized installers.
This limited warranty excludes color fading of structure within 10 miles of any area
retaining salt water. Any replacement part issued during original warranty period is
warranted for the remaining original warranty period or 6 months, whichever is longer.
UltraSite Warranty Created 1.2017
ultra site
•! CCR7C
Shade fabrics carry a 10-year limited manufacturer's warranty from the date of assembly,
against failure from significant fading, deterioration, breakdown, mildew, outdoor heat,
cold or discoloration, with the exception of Red, which carry a 3-year limited warranty.
Should the fabric need to be replaced under the warranty, UltraShade will manufacture
and ship a new fabric at no charge for the first 6 years, thereafter pro-rated over the last
4 years.
This warranty shall be void if damage to the fabric is caused by contact with chemical,
misuse, vandalism, any Act of God lie. Hurricane, tornado, micro/macroburst), including,
but not limited to, ice, snow,or wind in excess of the applicable building code parameters.
Fabric tops are warranted for wind/gusts up to 90mph and prior to snow or ice
accumulation. The warranty will be voided if any modification or attachment is made to
the rafter(s). The fabric will wear/tear should any object be placed between the rafter
and fabric, voiding the warranty.
The warranty will only be applicable to the repair or replacement of defective materials.
UltraShade reserves the right, in cases where certain fabric colors have been
discontinued, to offer the customer a choice of available colors to replace the warranted
fabric of the discontinued color. UltraShade does not warrant any particular color will be
available for any period of time, and reserves the right to discontinue any color for any
reason, without recourse by the owner of the discontinued fabric color.
NOTE: ShadesureTM fabric warranties cover fabric tops up to 40' in length.
Fabric tops over 40' in length are covered by a non-prorated 5-year warranty.
UltraShade warranties its sewing thread for a period of 8 years.
The thread will be free from defects in material/workmanship and will not be
damaged by exposure to the sunlight, weather or water.
All labor for the removal, assembly and/or freight will be for the customer's account and
the warranty will only be applicable to the repair or replacement of the defective
material.
In the event of a claim of defect in materials, UltraShade shall be placed on notice of
defect in writing, delivered to UltraShade at the address indicated below, within 30
calendar days from discovery of the defect. No later than 30 days from the date of receipt
of the notice, UltraShade will determine whether to repair or to replace defective
materials. UltraShade, disclaims all other warranties, expressed or implied, including any
supplementary materials required for the shade installation.
UltraSite Warranty Created 1.2017
ultra$itE
. C ORL oma.,
ULTRASHELTER
UltraShelter warrants that the shelter sold will be free from defects in materials under
intended use for a period of 10-years from the date of delivery. UltraShelter and its
suppliers will be liable for repair or replacement of materials found to be defective. The
repair or replacement of materials shall be at the expense of UltraShelter.
This warranty is in effect only if the structure has been assembled and installed in
accordance with UltraShelter's installation drawings, and has been subjected only to
normal intended use and exposure. Pre-finished metal roof surfaces, performance shall
be the responsibility of the metal finisher. UltraShelter assumes no warranties with regard
to finish durability.
UltraShelter shall not be responsible for delays due to missing, stolen, or non-conforming
parts. Any rework/retro-fit of non-conforming parts must be authorized by UltraShelter.
This limited warranty is void if any damage has resulted from abnormal use, abuse,
accident, vandalism, maintenance or lack of maintenance, misapplication, service, or
modification by someone other than UltraShelter, authorized dealers, or authorized
installers.
This limited warranty excludes color fading of structure within 10 miles of any area
retaining salt water. Any replacement part issued during original warranty period is
warranted for the remaining original warranty period or 6 months, whichever is longer.
In the event of a claim of defect in materials, UltraShelter shall be placed on notice of
defect in writing, delivered to UltraShelter at the address indicated below, within 30
calendar days from discovery of the defect. No later than 30 days from the date of receipt
of the notice, UltraShelter will determine whether to repair or to replace defective
materials. UltraShelter, disclaims all other warranties, expressed or implied, including any
supplementary materials required for the shelter installation.
ACTION FIT PRODUCTS
UltraSite offers 10-year limited warranty on steel posts, stainless steel posts, welds, bars
and metal accessories excluding cycle parts, and cosmetic damage or defects. A 5-year
limited warranty on Stainless damper module and aluminum cycle cover, with the
exclusion of cosmetic damage or defects. 2-year limited warranty on Bearings, damper,
plastics, rubber parts, and some cycle parts including pedal and shaft, with the exclusion
of cosmetic damage or defects. 1-year limited warranty on Rib belt of cycle, with the
exclusion of cosmetic damage or defects.
UltraSite Warranty Created 1.2017
ultratsitE .
PLA/CORE cam.
ALL OTHER PRODUCTS
UltraSite offers 1-year limited warranty on all other products.
For the purpose of this warranty, lifetime encompasses no specific term of years, but
rather that Seller warrants to its original customer for as long as the original customer
owns the Product and uses the Product for its intended purpose that the Product and all
parts will be free from defects in material and manufacturing workmanship.
UltraSite excludes from these warranties the cost to remove parts and reinstall
replacements; replacement due to cosmetic defects or coating deterioration caused by
climatic conditions; and wood replacement resulting from twisting, warping, checking,
shrinking, swelling or other natural physical properties of wood.
To the extent permitted by law,these warranties are expressly in lieu of any other implied
or expressed warranties or representation by any person, including any implied warranty
of merchantability or fitness.These warranties provide valuable rights to you.
No Sales Representative can modify or amend the terms of this warranty.
CANCELLATIONS AND RETURNS
Cancellations are only accepted with approval of UltraSite. No merchandise shall be
returned without a Return Goods Authorization number which is issued by customer
service. Any authorized merchandise must be carefully packed and received in saleable
condition. A restocking charge of up to 25%will be applied to all returned goods and
50%charge will be applied to all the UltaShade and UltraShelter products when the
error is not the fault of UltraSite. All returns must be shipped freight prepaid.
EXCLUSION
The guarantee excludes vandalism, improper use, product alterations, misuse,
negligence, accident, theft, corrosion caused by chemicals, ice or snow damage and acts
of God.
UltraSite
1675 Locust St.
Red Bud, IL 62278
800.458.5872
UltraSite Warranty Created 1.2017
ultrasite .
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Claim Procedure
To make a warranty claim, send your written statement of claim, along with the original
purchase invoice or invoice number to:
UltraSite Customer Service
1675 Locust St.
Red Bud, IL 62278
800.458.5872
Within 60 days of notice of claim under warranty, UltraSite will make arrangements to
replace the damaged product. UltraSite will cover freight costs within the continental
United States. UltraSite is not responsible for freight costs associated with products
located outside the continental United States. UltraSite reserves the right to inspect all
products identified as damaged.
Since warranty limitations and exclusions may vary from state to state, you should
check any specific warranty rights in your state.
Date of Purchase:
Purchaser:
UltraSite Invoice Number:
Authorized UltraSite Signature
Title
See UltraSite on the web at www.ultra-site.corn
UltraSite Warranty Created 1.2017
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WATER ODYSSEY'-
.f= :.CORE r-m-•,
Warranty Statement
Warranty
Fountain People, Inc.shall warrant all properly installed and maintained Water Odyssey""equipment(excluding
consumables)for a period of one year from date of shipment,unless otherwise qualified,below. For systems with a factory
start-up,the warranty shall extend for 18 months from date of shipment or one year from date of start-up,whichever
comes first. Fountain People, Inc,at its option, shall replace or repair any materials,components,or workmanship found
to be defective,within the warranty period when returned to the factory,freight prepaid. No equipment or parts may be
returned to Fountain People, Inc.for repair or replacement without a factory issued RMA(Return Material Authorization).
Special Provisions
The following equipment shall be warranted for the terms noted when properly installed and maintained:
Structural Pipe:Stainless steel pipe and anchor bases used in the fabrication of Water Odyssey"play equipment shall be
warranted against structural failure for a period of 25 years.
Finish Coating:Shall be warranted for a period of 2 years against peeling or fading under normal environmental conditions.
ColorCast'Accents: Shall be warranted for a period of 2 years against fading or cracking under normal environmental
conditions.
Nozzles: Brass or stainless steel,5 Years. PVC nozzles,2 years.
Polyurethane Components(including Fun Forms')shall be warranted for a period of 2 Years.
Water Odyssey' Dynamic Sequencing Control Module 02-6210,Valve Boxes and Fiberglass Components shall be
warranted against defects for a period of 3 years. All DSC Controller components,other than the 02-6210 module,are
warranted for 1 year.
UV Disinfection Units Manufactured by ETS/ATG UV(excluding consumables)shall be warranted for a period of five(5)
years after commencement of operation providing that the owner has entered into a service agreement with a factory
trained and certified representative to annually(during the warranty period) service the unit as outlined in the Basic
Operator's Guide using original manufacturers parts.
Exclusions
This warranty does not include damage resulting from lightning,vandalism,improper maintenance,operator error,Acts of
God,failure to comply with codes of the jurisdiction having authority,or other conditions beyond the control of Fountain
People,Inc. Nor does this warranty cover labor,freight charges,or incidental materials required to implement repairs.
Fountain People, Inc.shall not be held liable for damage to other equipment or materials,or loss of time,profits,or any
inconvenience,directly or indirectly,resulting from the failure of equipment or materials furnished by Fountain People,
Inc. Fountain People,Inc.will not accept liability for any costs associated with the removal or replacement of equipment in
difficult-to-access locations.These extraordinary costs shall be the responsibility of the customer, regardless of the reason
necessitating removal of the product from service.This warranty may exclude damage to metals resulting from chemical
control devices that use electrolysis as a means for generating chlorine or other chemicals to treat water. No other warranty,
expressed or implied,exists beyond that included in this statement.
Water Odyssey'"by Fou'Zo,n People I P.O.Box 807 San Marcos,TX 78667 I P:512-.392.1155 I waterodyssey.rorn
Contract No.2017001134
Vendor No. 121531
EXHIBIT F
SCOPE OF WORK
The following Scope of Work is an Exhibit to and is incorporated into the Contract to
provide Playground Equipment,Outdoor Fitness Equipment,Surfacing, Site Accessories
and Related Products and Services(the"Contract") between the City of Charlotte and
Playcore Wisconsin, Inc.d/b/a GameTime.
4. SCOPE OF SERVICES.
4.1 General Scope.
The Company shall provide various Playground Equipment, Outdoor Fitness
Equipment, Surfacing, Site Accessories and Related Products and Services that meets
or exceeds the following requirements to the City and Participating Public Agencies
nationwide.
Participating Public Agencies may have additional specific requirements that might
not be a requirement of the Lead Public Agency. The Company agrees to provide
additional information or documentation to Participating Public Agencies as may be
required per the Master Intergovernmental Cooperative Purchasing Agreement
(between the Lead Public Agency and the Participating Public Agency).
4.2 Product Standards and Guidelines.
It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site
Accessories, Surfacing, and Related Products and Services be in compliance with all
current and applicable Consumer Product Safety Commission (CPSC), Americans
with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and
ASTM Standards and other applicable laws and regulations in the state of North
Carolina or in accordance with the laws and applicable purchasing policies of the
State and locality where the Participating Public Agencies exists.
Manufacturers must be a member of the International Play Equipment Manufacturers
Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be
IPEMA Certified and meet all current American Society of Testing and Materials
(ASTM), Consumer Product Safety Commission(CPSC),and IPEMA standards.
4.2.1 American Society for Testing and Materials(ASTM):
ASTM-F 1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.
ASTM-F1292-13 Standard Specification for Impact Attenuation of
Surface Systems within the Use Zone of
Playground Equipment.
ASTM 1951-09 Standard Specifications for Determination of
Surface Systems Under and Around Playground
Equipment.
29
Contract No.2017001134
Vendor No. 121531
ASTM F2049-11 Fences/Barriers for Public, Commercial, and
Multifamily Residential Use Outdoor Play
Areas.
ASTM F2075 Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.
4.2.2 Printed Handbook for Public Playground Safety(CPSC)
Equipment must meet all guidelines stated in the "Handbook for Public
Safety" published by the Consumer Product Safety Commission. Copies of
publication No. 325 may be obtained from U.S. Consumer Product Safety
Commission, Washington,DC 20207.
4.2.3 International Play Equipment Manufacturers Association(IPEMA)
IPEMA provides third-party Product Certification services for U.S. and
Canadian public play equipment and U.S. public play surfacing materials.
The services provide for the validation of a participant's certification of
conformance to the standards referenced above. Both certifications are
administered by Detroit Testing Laboratory, Inc. For more information on
certification and membership,visit IPEMA's website at: www.ipema.org.
All equipment must be IPEMA Certified. Certification must be included
with your proposal submission.
4.3 Environmental Purchasing Requirements.
The Company must provide documentation of their environmental sustainability
policies,measures,and initiatives with their Proposal response per Section 2.6.15 and
Section 7-U.S. Communities Requirements of this RFP.
4.4 New Products and Services.
New Products and Services may be added to the resulting Contract(s)during the term
of the Contract by written amendment, to the extent that those Products and Services
are within the scope of this RFP and include, but will not be limited to, new Product
added to the Manufacturer's listing offerings, and services which reflect new
technology and improved functionality. All requests are subject to review and
approval of the City of Charlotte.
4.5 Replacement Parts.
The Company must stock replacement parts for a minimum of 15 years on all play
systems and provide parts within two (2) weeks (14 calendar days) from the time an
order is placed by the Participating Public Agency.
4.6 Surfacing Material.
Surfacing Material must meet all guidelines stated in the Handbook for Public
Playground Safety,and most current versions of ASTM-F1292-13, F2075-15,F3012-
14, and all other applicable ASTM standards and guidelines as certified by an
independent laboratory conforming to IPEMA safety standards as identified for the
playground industry.
30
Contract No.2017001134
Vendor No. 121531
4.7 Installation.
All Products provided under this Contract that require assembly and installation
should be performed by the awarded manufacturers' certified installers. Company
must provide the names and addresses of each certified installer/subcontractor by
geographical area.
All work must be performed according to the standards established by the terms,
specifications, drawings, and construction notes for each project, and meet
manufacturer's specifications and industry standards. It shall be the obligation of the
Installer to obtain clarification from the Project Coordinator concerning questions or
conflicts in the specifications, drawings and construction notes in a timely manner as
to not delay the progress of the work.
4.8 Design.
The Company must have the capability to recommend and design appropriate play
systems/structures to fit the need of the site for age groups to be determined by
Participating Public Agency. Company must provide drawings (plan and elevation)
of all pertinent aspects of the play equipment and its method of connection to the
work. Final playground layout drawings shall be to scale and legible and must show
location of play equipment and dimensions of use zones. All designs shall indicate
ADA accessible routes,and percentage of ADA accessible components.
4.9 Project Management.
The Company must have the ability to provide project management services
to help Participating Agencies complete their projects on-time and within
budget.
4.10 Safety.
The Company and installers or subcontractors performing services for Charlotte-
Mecklenburg are required and shall comply with all Occupational Safety and Health
Administration(OSHA), State and County Safety and Occupational Health Standards
and any other applicable rules and regulations. The Company and subcontractors
shall be held responsible for the safety of their employees and any unsafe acts or
conditions that may cause injury or damage to any persons or property within and
around the work site area under this contract.
4.11 Literature and Catalogs.
The Company will be required to furnish and/or update all price lists, listings, color
charts and other literature as requested within fifteen (15) days after notification of
award. All catalogs may be electronic versions.
4.12 Warranty.
The Company should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations
including any conditions and response time for repair and/or replacement of
any components during the warranty period.
2. Warranty period start date. The City desires the warranty start at the time of
substantial completion.
3. Availability of replacement parts.
4. Life expectancy of equipment under normal use.
5. Detailed information as to proposed return policy on all equipment.
4.13 Lead Time and Delivery.
31
Contract No.2017001134
Vendor No. 121531
1. Company must provide a four(4)week lead time on standard product, unlimited
configurations,with no up charge.
2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m.,
local time, on regular business days unless other arrangements have been made.
Delivery location shall be stated on each purchase order issued by Participating
Agencies.
3. The Company will ensure that all items are delivered fully assembled or
assembled by vendor or its designated subcontractor on site as may be designated
by the Participating Public Agency. The Company will assure that all items are
packed in accordance with prevailing commercial practices and delivered and
assembled and installed in the first class condition.
4. When the purchase order calls for delivery to a specific location(other than door
delivery) the vendor will deliver in accordance with the delivery instructions
provided by the Participating Public Agency and shall perform inside delivery,
assembly, set in place in proper location, make ready for use and remove all
debris.
5. The Company shall authorize immediate replacement of any item that has been
damaged in transit.
6. If deliveries are required in the evenings or weekends, or designated holidays,
special installation charges will be negotiated. It is expected that the pricing will
be fair and reasonable based upon specific requirements.
4.14 Optional Work.
Company will be required to provide quotations on a case-by-case basis for optional
related work such as, but not limited to, removal and/or reinstallation of Playground
& Fitness Equipment, timbers, and fencing as may be required to provide a full
turnkey solution to Participating Public Agencies.
4.15 Material Specifications.
Equipment material specifications may vary between cities, counties, schools and
states. Each Participating Entity will provide required specifications to include, but
not be limited to, acceptable material, finish, diameters, thickness, gage, and angles
of all components when placing orders or as necessary.
4.16 Additional Requirements.
The Company may be required and agrees to comply with additional state, or local
laws and policies of the individual Participating Public Agencies.
4.17 Performance Bond.
The Company may be required to provide a performance bond as required by
Participating Public Agencies for each project as required by local or state laws and
policies.
4.18 Reports.
The Company must maintain all records in compliance with federal and state
regulations. A statistical report and an annual tabulated report must be submitted
electronically to the Lead Public Agency upon request.
4.19 Pricing.
The Company must submit a cost proposal fully supported by data adequate to
establish the reasonableness of the proposed fee. One (1) firm fixed percentage
32
Contract No.2017001134
Vendor No. 121531
discount off of a verifiable list price for each category (defined in Section 1.3): 1)
Playground Equipment (including components, replacement parts); 2) Outdoor
Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; and 5) all other
related Products(Shade Structures, Skate Parks, and other categorized Products); and
6)Services offered by the Company,for the life of the contract is preferred.
Prices must include manufacturer mark up,profit,item cost and storage to allow each
customer the ability to calculate and verify discount. All manufacturer price lists
must be identified in the Proposal response.
Proposals must include an itemized list of any Products and Services that the
Company intends to include in the Master Agreement and assume responsibility for
as prime contractor, but are offered by the individual authorized distributors and not
included in the Company's catalog. The list must identify the distributors name and
location that offers each product and service included. The Company shall be the
prime contractor and remain solely responsible for contractual performance, and
reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the
authorized distributor.
Proposals shall not include Products and Services the Company does not intend to
offer,or take responsibility for,as prime contractor.
4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead
Public Agency and Participating Public Agencies.
4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and
Participating Public Agencies..
4.19.3 Product,Design and Price Comparison.
For comparison purposes only, the Company must provide the following
information for the three (3) sample playground designs included in Section
6, Form 4:
I. Cost breakdown of all components using proposed discounts and list
prices;
2. Manufacturer Price List ID
3. Three dimensional drawings
4. Number of kids that can use the playground;
5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components
6. Play Structure Size
7. Deck Sizes
8. Diameter of Uprights
9. Color options
10. Minimum time needed from date of design to delivery of equipment.
33
Contract No.2017001134
Vendor No. 121531
4.20 Installation.
Company response must include a defined installation fee program. If a percentage of
total dollar amounts of each order are proposed, the Company must submit one (1)
fixed percentage for all installation services for all Participating Public Agencies,
regardless of location,for the life of the contract.
4.21 Shipping and Delivery.
Company must include a defined shipping program with their Proposal responses. If
shipping is charged separately, only the actual cost of the freight may be added to an
invoice. Shipping charges calculated as a percentage of the product price cannot be
used.
1. Unless specifically stated otherwise in the "Shipping Program" included in
the Company's Proposal response, all prices quoted must be F.O.B.
destination with freight prepaid by the Company.
2. Additional costs for expedited deliveries may be added.
3. Selection of a carrier for shipment will be the option of the Participating
Public Agency paying for said shipping.
4.22 Price Adjustments.
All proposed pricing shall remain firm through December 31, 2017. Company
may request price increases for consideration at least sixty (60) days prior to each
anniversary of the Contract effective date. All requests must be submitted in writing
to City of Charlotte Procurement Management along with documentation of bona
fide materials and labor increases for the cost of Products. No adjustments shall be
made to compensate a Company for inefficiency in operation or for additional profit.
Price decreases shall be accepted at any time during the term of the contract.
4.23 References.
Proposals must include a minimum of five (5) customer references (see Section 6,
Form 7)that Company has provided products and services similar to those outlined in
this RFP.
4.24 Prevailing Wages.
Company must comply with the prevailing wage requirements of each state. Please
include any exceptions to this requirement in your proposal response, per Section
2.6.12 of the RFP.
34
Contract No.2017001134
Vendor No. 121531
EXHIBIT G
U.S. COMMUNITIES ADMINISTRATIVE AGREEMENT
The following U.S.Communities Administrative Agreement is an Exhibit to and is
incorporated into the Contract to provide Playground Equipment,Outdoor Fitness
Equipment,Surfacing,Site Accessories and Related Products and Services(the"Contract")
between the City of Charlotte and Playcore Wisconsin,Inc. d/b/a GameTime.
35
i
(CD)
CHARWITE..
Finance Office - Procurement Management
Playground Equipment, Outdoor Fitness Equipment, Site
Addendum #1 Accessories, Surfacing, and Related Products and Services
RFP#269-2017-028
To: All Prospective Service Provider,
Date: February 10,2017
Subject: Addendum#1 —RFP#269-2017-028
Playground Equipment,Outdoor Fitness Equipment,Site Accessories, Surfacing,and Related
Products and Services
Please note the specification changes/modifications below for the RFP.
Item# Page# Section# Specification(s) Modification(s),Questions&Answers
Modification:
Paragraph #3: The first sentence has been revised as
follows:
1 1 4.1.E Lead Time and Delivery The Company will ensure that all items are delivered
fully fabricated by vendor and or its designated
subcontractor on site as may be designated by the
Participating Public Agency.
Second sentence of this paragraph remains the same.
Modification:
This section has been revised as follows:
Proposal responses must include a defined and verifiable
?li 4.I lo.. Installation installation fee program. If fees are based on geographic
location, proposals must include a clearly defined and
verifiable installation fee chart for each applicable state.
region,and/or location.
Modification:
This section has been revised as follows:
All proposed pricing shall remain firm through
December 31, 2017. Suppliers may request price
3 30-31 4.1 E, Price Adjustments increases for consideration at least sixty (60)days prior
to each calendar year during the term of the contract. All
requests must be submitted in writing to the City of
Charlotte Procurement Management along with
documentation of bona fide materials and labor increases
for the cost of Products.No adjustments shall be made to
Finance Office-Procurement Management
Management and Financial Services/City of Charlotte 600 East Fourth Street Charlotte,NC 28202-2850
Phone:704/336-2256 Fax:704/336-2258
RFP#269-2017-028—Addendum#1 1
Item# Page# Section# Specification(s) Modification(s),Questions&Answers
compensate a Supplier for inefficiency in operation or
for additional profit. Price decreases shall be accepted at
any time during the term of the contract.
Section 6 Pricing Worksheet Modification:
4 39 Third bullet has been revised as follows:
Form 4 Design#2
• Two(2)Climbers
U.S.Communities Clarification:
5 52-63 Section 7 Administrative All references to "Exhibit A" or "Exhibit B" refers to
Agreement "Attachment A" or "Attachment B" of the U.S.
Communities Administrative Agreement.
Environmental Modification:
Checklist for Purchasing Responses Form 9 was been added and is included in this
6 i submitting a Addendum #1 (see page 5). This form must be
Proposal (Section 6, Form 9)
completed and submitted with your Proposal
response.
Modification:
Supplier 3.Company Annual The Header Row for the annual sales table has been
7 Information Sales for 2014,2015, revised as follows:
2016 SUPPLIER ANNUAL SALES IN THE UNITED
STATE FOR 2014,2015,AND 2016
Modification:
Exhibit A—Sample City Contract has been revised and
7 Sample City of Charlotte replaced. New Sample Contract is included in this
99-120 Exhibit A Contract Addendum#1 (see pages 6-25).
Please make sure to read the new sample contract and
include any exceptions in your proposal response per
Section 2.6.12 of the subject RFP document.
Sample City of Charlotte Clarification:
8 99-119 Exhibit A Contract Any reference to"Exhibit"refers to Exhibits that will be
included in the final awarded City of Charlotte Contract.
Company Question:
Is it okay to include a copy of the product catalog on a
jump drive, or provide a link to our electronic catalog
27 4.11 instead of providing a hard copy?
9 & Literature and Catalogs
�9 4.19.1
Answer:
Pricing Yes. Prefer the catalog on Jump Drive but will accept a
link to electronic catalog as long as the appropriate
information for this solicitation is provided in the
electronic version.
Company Question:
Do we need to provide 12 copies of financial statements
16 , t, , Trade Secrets and (one with each proposal copy) if it's confidential
10 b; Personal Identification information?
51 Section , &
Financial Statements Answer:
No, two (2) hard copies of any trade secret or
confidential information should he submitted in a
Finance Office-Procurement Management
Management and Financial Services/City of Charlotte 600 East Fourth Street Charlotte,NC 28202-2850
Phone: 704/336-2256 Fax:704/336-2258
RFP#269-2017-028—Addendum#1 2
Item# Page# Section# Specification(s) Modification(s),Questions&Answers
separate sealed envelope, clearly marked per Section
2.6.2 of the subject RFP.
Company Question:
How do we address redundant questions in the RFP?
11 N N:'A Question Answer:
Please address the question completely in the first
section it appears. Then reference the previous section
where you provided the information for all redundant
questions in different sections.
Company Question:
Can we submit different fixed percentage discounts for
multiple subcategories or each Category listed?
12 28-29 4.19 Pricing Answer:
Yes. Please itemize subcategories and provide fixed
percentage discounts as appropriate for your company's
pricing structure. EX: Under Category for Playground
Equipment,you may have different discounts for themed
equipment and stand along components.
Company Question:
Is it okay to substitute alternate Outdoor Fitness
Equipment if it does the same thing as the brand/item
stated in the RFP? Example: We have something that
13 40 Section 6 Design 3 provides the same workl4out as a Wobble Board, but it
Form 4 isn't called a Wobble Board.
Answer:
Yes, that will be acceptable as long as you identify it in
the category of Outdoor Fitness Equipment.
Supplier Question:
Should we acknowledge each addendum as it's issued or
14 34
Section 6 Addenda Receipt when we submit our proposal?
Form 2 Confirmation
Answer:
Please acknowledge all addenda on Form4 of Section 6
and submit with your proposal response.
Company Question:
We do not have a set price list for prevailing wages as it
can vary project by project, but we would be applying
the same discount rate to the total install price for the
job. Could you please describe further what would be
15 31.1 4.22 Prevailing Wages defined as an exception?Perhaps an example?
Answer:
We are asking the Suppliers to provide any exceptions
where they would not be able to comply with the
prevailing wage requirements of the state or location in
their proposal response.
Finance Office-Procurement Management
Management and Financial Services/City of Charlotte 600 East Fourth Street Charlotte,NC 28202-2850
Phone:704/336-2256 Fax:704/336-2258
RFP#269-2017-028—Addendum#1 3
In order to constitute a complete proposal response you must acknowledge receipt of this addendum with the Addenda
Receipt Confirmation Form 2 in Section 6 of the subject RFP in your Proposal.
Any Company not acknowledging receipt of an issued addendum may not be considered.
In the event additional changes or clarifications to this RFP are warranted, all Service Providers are responsible for
monitoring www.ips.state.nc.us or the City of Charlotte website at:
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspxfor additional addenda.
We appreciate your interest in doing business with the City of Charlotte and look forward to receiving a Proposal from your
company.
Sincerely,
Karen Ewing
Deputy Chief Procurement Officer
cc: Alexis Turner,U.S.Communities
Evaluation Team
RFP File
Finance Office-Procurement Management
Management and Financial Services/City of Charlotte 600 East Fourth Street Charlotte,NC 28202-2850
Phone:704/336-2256 Fax:704/336-2258
RFP#269-2017-028—Addendum#1 4
Section 6
Required Forms
REQUIRED FORM 9— ENVIRONMENTAL PURCHASING RESPONSES
RFP# 269-2017-028
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing,
and Related Products and Services
Companies shall complete and submit the form below regarding the products or supplies required
to perform the Services.
Recycled Content.
Products must contain a certain percentage
of recycled content. Please include the
amount of recycled content,pre-and post-
consumer,included in your product.
Recyclability.
Please include the types of materials
included in your product,and if they are
considered recyclable in typical municipal
recycling streams.
Biodegradability.
Products must be capable of decomposing
under natural conditions. Please state
whether each Product offered in your
proposal is biodegradable.
Post-Consumer Recycled Materials
Please include the types of materials
included in your products and if they
contain post-consumer recycled materials,
RFP#269-2017-028-Addendum#1 5
Exhibit A
Sample City Contract
Exhibit A-SAMPLE CITY CONTRACT
Final an arded Contract ma, differ slighth from this Sample.
As used in this Section of the RFP, the term "Contract" shall refer to the agreement entered into
between the City and the Company, and the term "Company" shall refer to the vendor that has
been awarded a contract.
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground
Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and
Services dated JANURARY 25, 2017. This Request for Proposals together with all attachments
and addenda,is referred to herein as the"RFP";and
WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March 16,
2017. This Proposal, together with all attachments and separately sealed confidential trade secrets, is
referred to herein as the"Proposal."
WHEREAS,the City awarded this Contract on ,2017 to Company to provide Playground
Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and
Services dated to the City all in accordance with the terms and conditions set forth herein.
WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school
districts,and higher education institutions in the United States of America, and other government
agencies and nonprofit organizations (herein "Participating Public Agencies"), competitively
solicited and awarded the Contract to the Company. The City has designated U.S. Communities
as the administrative and marketing conduit for the distribution of the Contract to Participating
Public Agencies.
The City is acting as the"Contracting Agent" for the Participating Public Agencies,and shall not
be liable or responsible for any costs, damages, liability or other obligations incurred by the
Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with
each Participating Public Agency concerning the placement of orders, issuance of purchase
orders, contractual disputes,invoicing,payment and all other matters relating or referring to such
Participating Public Agency's access to the Contract.
Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing
Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public
Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the
Participating Public Agency shall be construed to be in accordance with, and governed by, the
laws of the state in which the Participating Public Agency resides.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged,and in further consideration of the covenants and representations
contained herein,the parties agree as follows:
CONTRACT
1. EXHIBITS.
The Exhibits below are hereby incorporated into and made a part of this Contract. In
interpreting this Contract and resolving any ambiguities, the main body of this Contract will
take precedence over the Exhibits, and any inconsistency between the Exhibits will be
resolved in the order in which the Exhibits appear below. Each reference to COMPANY
NAME in the Exhibits and Appendices shall be deemed to mean the Company,
EXHIBIT A: Discount Schedule, Price Lists,and Incentives
RFP#269-2017-028—Addendum #1 6
Exhibit A
Sample City Contract
EXHIBIT B: installation Fees
EXHIBIT C: National Network Of Distributors And Installers
EXHIBIT D: Freight Rate Schedules
EXHIBIT E: Product Warranties
EXHIBIT F: Scope of Work
EXHIBIT G: U.S. Communities Administrative Agreement
2. DEFINITIONS.
This section may include,but not be limited to,terms defined in Section 1 of the RFP.
3. TERM. The initial term of'this Contract will be for five (5)years from the Effective Date with an
option to renew for two (2) additional two-year terms. This Contract may be extended only by a
written amendment to the contract signed by both parties.
4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES.
4.1 The Company shall provide the Products and Services in accordance with the terms
and conditions set forth in this Contract and the attached Exhibits when ordered
from time to time by the City. Except as set forth Exhibit A, the prices set forth in
Exhibit A constitute all charges payable by the City for the Products and Services,
and all labor, materials, equipment, transportation, facilities, storage, information
technology, permits, and licenses necessary for the Company to provide the
Products and Services. The Company shall perform any Services for the City on
site at the City's facilities in Charlotte, North Carolina, except as otherwise stated
in this Contract or agreed in writing by the City.
4.2 Placement of Orders: All orders will be placed by personnel designated by the City
on an as needed basis for the quantity required at the time during the term of the
Contract.
5. OPTIONS AND ACCESSORIES: The City may in its discretion purchase from the
Company options and accessories beyond what is called for in the Specifications, provided
that such purchase does not create unfairness so as to defeat the purpose of the bid statutes,
and provided the City is authorized by law to make such purchases without a formal bid
process.
6. DOCUMENTATION: the company will provide for all products purchased under this
contract written or electronic documentation that is complete and accurate,and sufficient to
enable City employees with ordinary skills and experience to utilize such products for the
purpose for which the City is acquiring them.
7. COMPENSATION. The City shall pay the company for the products and services
delivered in compliance with the specifications at the prices set forth in Exhibit A. This
amount constitutes the maximum fees and charges payable to the company in the aggregate
under this contract and will not be increased except by a written amendment duly executed
by both parties in compliance with the price adjustment provisions set forth in Exhibit c.
The company shall not be entitled to charge the City any prices, fees or other amounts that
are not listed in Exhibit A.
8. PRICE ADJUSTMENT.
8.1 The price(s) stated in this Contract shall not increase for the entire five-year term of
the Contract. The prices shall also not increase during the two (2), two-year renewal
RFP#269-2017-028—Addendum#1 7
Exhibit A
Sample City Contract
option terms unless the City approves a price adjustment in writing in accordance
with the following terms:
8.1.1 Price increases shall only be allowed when justified in the City's sole
discretion based on legitimate, bona fide increases in the cost of materials.
No adjustment shall be made to compensate the Company for inefficiency in
operation, increase in labor costs,or for additional profit.
8.1.2 To obtain approval for a price increase, the Company shall submit a written
request to the Procurement Management Division representative, at the
address listed below, together with written documentation sufficient to
demonstrate that the increase is necessary based on a legitimate increase in
the cost of materials. The request must state and fully justify the proposed
price increase per unit over the price originally proposed.
City of Charlotte
M&FS Finance Office/Procurement Management
600 East Fourth Street
Charlotte,NC 28202
8.1.3 No proposed price increase shall be valid unless accepted by the City in
writing. The City may approve such price increase for the remaining term of
the Contract or for a shorter specified period, in the City's sole discretion. If
the City rejects such price increase, the Company shall continue performance
of the Contract.
8.1.4 If the City approves a price increase pursuant to this Section and the market
factors justifying the increase shift so that the increase is no longer justified,
the City shall have the right to terminate the price increase and revert back to
the prices that were in effect immediately prior to the increase. The
Company shall notify the City in writing if the market factors on which the
City granted the increase change such that the City's reasons for granting the
increase longer apply.
8.2 If the Company's unit prices for any Products and/or Services should decrease, the
Company shall provide the affected Products and/or Services at the lower
discounted price. The Company will provide the City with prompt written notice of
all decreases in unit prices.
8.3 If a Product becomes unavailable, or if a new Product becomes available, the
Company promptly will send the City a proposed revised version of Exhibit A.
The City reserves the right to add or delete items to this Contract if particular items
should become discontinued or an upgraded item becomes available to the industry
market. Any new or replacement items added may be subject to bid statute
requirements. The City may also delete radio and communication equipment items
included in this Contract if items are no longer needed or no longer issued as part
of radios and communication equipment. At no additional cost to the City, the
Company may substitute any Product or Service to be provided by the Company,if
the substitute meets or exceeds the Specifications, is compatible with the City's
operating environment and is of equivalent or better quality to the City. Any
substitution will be reflected in a written signed change order.
9. BILLING. Each invoice sent by the Company shall include all reports, information and
data required by this Contract (including the Exhibits) necessary to entitle the Company to
RFP#269-2017-028—Addendum #1 8
Exhibit A
Sample City Contract
the requested payment. The Company shall send one (1) copy only of each invoice using
one of the following options:
Option 1 -E-mail one copy of each invoice to cocan(a)charlottenc.gov. Company shall not
mail invoices that have been sent via e-mail.
Option 2-Mail one copy of each invoice to:
City of Charlotte Accounts Payable
PO Box 37979
Charlotte,NC 28237-7979
Attn: (Insert Department)
The City is not tax exempt from sales tax.The Company shall include all applicable State
and County sales taxes on the invoice and not combined with the cost of the goods.
Payment of invoices shall be due within thirty(30)days after the City has received all of
the following:(a)an accurate,properly submitted invoice,(b)all reports due for the month
covered by the invoice;and(c)any other information reasonably requested by the City to
verify the charges contained in the invoice. Invoices must include state and local sales tax.
10. CONTRACT MONITORING: The City shall have the right to audit the Company's
compliance with the terms and conditions of the Contract at such times as the City deems
appropriate. Unless the City elects to terminate the Contract, the Company shall develop a
written action plan to correct any Contract deficiency identified during these compliance
audits, and shall submit such plan to the City within thirty(30)days of notification of non-
compliance.
11. REPORTING: The Company shall provide such written reports of purchasing and
expenditures as may be requested by the City from time to time, including without
limitation any reports described in the Specifications.
12. AUDIT: During the term of the Contract and for a period of three (3) years after
termination or expiration of this Contract for any reason, the City shall have the right to
audit, either itself or through a third party, all books and records (including but not limited
to the technical records) and facilities of the Company necessary to evaluate Company's
compliance with the terms and conditions of the Contract or the City's payment
obligations. The City shall pay its own expenses, relating to such audits,but shall not have
to pay any expenses or additional costs of the Company. However, if non-compliance is
found that would have cost the City in excess of$5,000 but for the audit,then the Company
shall be required to reimburse the City for the cost of the audit.
13. GENERAL WARRANTIES. Company represents and warrants that:
13.1 It is a corporation duly incorporated, validly existing and in good standing under the
laws of the state of ,and is qualified to do business in North Carolina;
13.2 It has all the requisite corporate power and authority to execute, deliver and perform
its obligations under this Contract;
13.3 The execution, delivery,and performance of this Contract have been duly authorized
by Company;
13.4 No approval, authorization or consent of any governmental or regulatory authority is
required to be obtained or made by it in order for it to enter into and perform its
obligations under this Contract;
RFP#269-2017-028-Addendum 41 9
Exhibit A
Sample City Contract
13.5 In connection with its obligations under this Contract, it shall comply with all
applicable federal, state and local laws and regulations and shall obtain all applicable
permits and licenses;and
13.6 The Company shall not violate any agreement with any third party by entering into or
performing this Contract.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents
warrants and covenants that:
14.1 The Products and Services shall comply with all requirements set forth in this
Contract,including but not limited to the attached Exhibits;
14.2 All work performed by the Company and/or its subcontractors pursuant to this
Contract shall meet industry accepted standards, and shall be performed in a
professional and workmanlike manner by staff with the necessary skills, experience
and knowledge;
14.3 Neither the Services,nor any Products provided by the Company under this Contract
will infringe or misappropriate any patent,copyright, trademark or trade secret rights
of any third party;and
14.4 The Company and each of its subcontractors have complied and shall comply in all
material respects with all applicable federal, state and local laws, regulations and
guidelines relating to the performance of this Contract or to the products and services
delivered hereunder, including but not limited to E-Verify, and shall obtain all
applicable verifications,permits,and licenses.
15. COMPLIANCE WITH LAWS: All Products and Services delivered under this Contract
shall be in compliance with all applicable federal, state and local laws, regulations and
ordinances. In performing the Contract,the Company shall obtain and maintain all licenses
and permits,and comply with all federal,state and local laws,regulations and ordinances.
16. DELIVERY TIME: When delivery time is requested in the RFP, (whether in the form of
a specific delivery date or maximum number of days for delivery) time is of the essence.
The Company's Proposal shall be deemed a binding commitment of the Company to meet
the delivery time stated herein unless the Proposal specifically takes exception. If such
delivery time is not met,the City shall be entitled to terminate the Contract immediately for
default and/or exercise any other remedies available at law or in equity.
17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all
components used to manufacture or construct any supplies, materials or equipment or
Products provided under this Contract shall be: (a) new; (b)the latest model; (c)of the best
quality and highest grade workmanship; and (d) in compliance with all applicable federal,
state and local laws, regulations and requirements. By "new", the City means that the item
has been recently produced and has not been previously sold or used.
Whenever this Contract states that a Product or Service shall be in accordance with laws,
ordinances, building codes, underwriter's codes, applicable A.S.T.M. regulations or similar
expressions, the requirements of such laws, ordinances, etc., shall be construed to be
minimum requirements that are in addition to any other requirements that may be stated in
this Contract.
18. DESIGN AND/OR MANUFACTURER REQUIREMENT: All Products and Services
shall meet the Specifications set forth in Section_of the RFP.
19. INSPECTION AT COMPANY'S SITE: The City reserves the right to inspect the
equipment, plant, store or other facilities of the Company during the Contract term from
RFP#269-2017-028—Addendum=1 10
Exhibit A
Sample City Contract
time to time as the City deems necessary to confirm that such equipment, plant, store or
other facilities conform with the Specifications and are adequate and suitable for proper and
effective performance of the Contract. Such inspections shall be conducted during normal
business hours and upon at least three (3) days' notice to the Company (except that a store
may be inspected at any time during regular store hours without notice).
20. PREPARATION FOR DELIVERY:
20.1 Condition and Packaging. All containers/packaging shall be suitable for handling,
storage or shipment, without damage to the contents. The Company shall make
shipments using the minimum number of containers consistent with the
requirements of safe transit, available mode of transportation routing. The
Company will be responsible for confirming that packing is sufficient to assure that
all the materials arrive at the correct destination in an undamaged condition ready
for their intended use.
20.2 Marking. All canons shall be clearly identified with the City purchase order number
and the name of the department making the purchase. Packing lists must be affixed
to each carton identifying all contents included in the carton. If more than one
carton is shipped, each carton must be numbered and must state the number of that
canon in relation to the total number of cartons shipped(i.e. 1 of 4,2 of 4,etc.).
20.3 Shipping. The Company shall follow all shipping instructions included in the RFP,
the City's purchase order or in the Contract.
21. ACCEPTANCE OF PRODUCTS/SERVICES: The Products delivered under this
Contract shall remain the property of the Company until the City physically inspects,
actually uses and accepts the Products. In the event Products provided to the City do not
comply with the Contract, the City shall be entitled to terminate the Contract upon written
notice to the Company and return such Products(and any related goods)to the Company at
the Company's expense. In the event the Services provided under this Contract do not
comply with the Contract, the City reserves the right to cancel the Service and rescind any
related purchase of products upon written notice to the Company. The remedies stated in
this Section are in addition to and without limitation of any other remedies that the City
may have under the Contract,at law or in equity.
22. GUARANTEE: Unless otherwise specified by the City, the Company unconditionally
guarantees the materials and workmanship on all Products and Services. If, within the
guarantee period any defects occur due to a faulty Product or Services (including without
limitation a failure to comply with the Specifications), the Company at its expense, shall
repair or adjust the condition, or replace the Product and/or Services to the complete
satisfaction of the City. These repairs, replacements or adjustments shall be made only at
such time as will be designated by the City to ensure the least impact to the operation of
City business.
23. NO LIENS: All Products shall be delivered and shall remain free and clear of all liens and
encumbrances.
24. MANUFACTURER OR DEALER ADVERTISEMENT: No manufacturer or dealer
shall advertise on Products delivered to the City without prior approval by the City.
25. RIGHT TO COVER: If the Company fails to comply with any term or condition of the
Contract or the Company's response to the RFP, the City may take any of the following
actions with or without terminating the Contract, and in addition to and without limiting
any other remedies it may have:
RFP#269-2017-028—Addendum#1 11
Exhibit A
Sample City Contract
(A) Employ such means as it may deem advisable and appropriate to obtain the
applicable Products and/or Services(or reasonable substitutes) from a third party;
and
(B) Recover from the Company the difference between what the City paid for such
Products and/or Services on the open market and the price of such Products
and/or Services under the Contract or the Company's response to the RFP.
26. RIGHT TO WITHHOLD PAYMENT: If Company breaches any provision of the
Contract the City shall have the right to withhold all payments due to the Company until
such breach has been fully cured.
27. OTHER REMEDIES: Upon breach of the Contract, each party may seek all legal and
equitable remedies to which it is entitled. The remedies set forth herein shall be deemed
cumulative and not exclusive and may be exercised successively or concurrently, in
addition to any other available remedy.
28. TERMINATION.
29.1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at
any time without cause by giving sixty(60) days written notice to the Company. The
Company may terminate this Contract at any time without cause by giving one
hundred and eighty(180)days written notice to the City.
29.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written
notice to the other party, either party may terminate this Contract upon the
occurrence of one or more of the following events:
29.2.1 The other party violates or fails to perform any covenant, provision,
obligation,term or condition contained in this Contract,provided that,unless
otherwise stated in this Contract, such failure or violation shall not be cause
for termination if both of the following conditions are satisfied: (i) such
default is reasonably susceptible to cure; and (ii) the other party cures such
default within thirty (30) days of receipt of written notice of default from the
non-defaulting party;or
29.2.2 The other party attempts to assign, terminate or cancel this Contract contrary
to the terms hereof;or
29.2.3 The other party ceases to do business as a going concern, makes an
assignment for the benefit of creditors, admits in writing its inability to pay
debts as they become due,files a petition in bankruptcy or has an involuntary
bankruptcy petition filed against it (except in connection with a
reorganization under which the business of such party is continued and
performance of all its obligations under this Contract shall continue), or if a
receiver, trustee or liquidator is appointed for it or any substantial part of
other party's assets or properties.
Any notice of default pursuant to this Section shall identify and state the
party's intent to terminate this Contract if the default is not cured within the
specified period.
29.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY.
By giving written notice to the Company, the City may also terminate this Contract
upon the occurrence of one or more of the following events (which shall each
RFP##269-2017-028—Addendum#1 12
Exhibit A
Sample City Contract
constitute grounds for termination without a cure period and without the occurrence
of any of the other events of default previously listed):
29.3.1 The Company makes or allows to be made any material written
misrepresentation or provides any materially misleading written information
in connection with this Contract. Company's Proposal, or any covenant,
agreement,obligation,term or condition contained in this Contract; or
29.3.2 The Company takes or fails to take any action which constitutes grounds for
immediate termination under the terms of this Contract, including but not
limited to failure to obtain or maintain the insurance policies and
endorsements as required by this Contract, or failure to provide the proof of
insurance as required by this Contract.
29.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination
of the Contract shall not relieve the Company of the obligation to pay any fees,taxes
or other charges then due to the City, nor relieve the Company of the obligation to
file any daily,monthly,quarterly or annual reports covering the period to termination
nor relieve the Company from any claim for damages previously accrued or then
accruing against the Company.
29.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration
or termination of this Contract, the Company shall promptly (a)return to the City all
computer programs, files, documentation, data, media,related material and any other
recording devices, information, or compact discs that are owned by the City; (b)
provide the City with sufficient data necessary to migrate to a new vendor, or allow
the City or a new vendor access to the systems, software, infrastructure, or processes
of the Company that are necessary to migrate to a new vendor; and (c) refund to the
City all pre-paid sums for Products or Services that have been cancelled and will not
be delivered.
29.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of
default by the Company, notwithstanding anything to the contrary in this Contract,
the Company agrees that it will not terminate this Contract or suspend or limit the
delivery of Products or Services or any warranties or repossess, disable or render
unusable any Software supplied by the Company, unless (i) the parties agree in
writing,or(ii)an order of a court of competent jurisdiction determines otherwise.
29.7 AUTHORITY TO TERMINATE. The City Manager or their designee is
authorized to terminate this Contract on behalf of the City.
29.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or
expiration of this Contract, the Company shall cooperate with the City to assist with
the orderly transfer of the Products, Services, functions and operations provided by
the Company hereunder to another provider or to the City as determined by the City
in its sole discretion. The transition services that the Company shall perform if
requested by the City include but are not limited to:
29.8.1 Working with the City to jointly develop a mutually agreed upon transition
services plan to facilitate the termination of the Services;and
29.8.2 Notifying all affected vendors and subcontractors of the Company of
transition activities;
29.8.3 Performing the transition service plan activities;
RFP#269-2017-028-Addendum#1 13
Exhibit A
Sample City Contract
29.8.4 Answering questions regarding the products and services on an as-needed
basis;and
29.8.5 Providing such other reasonable services needed to effectuate an orderly
transition to a new system.
29. NO DELAY DAMAGES: Under no circumstances shall the City be liable to the
successful Company for any damages arising from delay, whether caused by the City or
not.
30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves
the right to award multiple contracts for the Products and Services required by this Contract
if the City deems multiple Contracts to be in the City's best interest.
31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this
Contract is solely that of independent contractors, and nothing contained in this Contract
shall be construed to (i) give any party the power to direct or control the day-to-day
activities of the other, (ii) constitute such parties as partners,joint ventures, co-owners or
otherwise as participants in a joint or common undertaking; (iii)make either party an agent
of the other for any purpose whatsoever, or (iv) give either party the authority to act for,
bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein
shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that
may arise under law or under the terms of this Contract.
32. INDEMNIFICATION: To the fullest extent permitted by law, the Company shall
indemnify, defend and hold harmless each of the "Indemnitees" (as defined below) from
and against any and all "Charges" (as defined below) paid or incurred any of them as a
result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation,
misappropriation or infringement of any copyright, trademark, patent, trade secret or other
proprietary rights with respect to the Work or any Products or deliverables provided to the
City pursuant to this Contract ("Infringement Claims"); (ii) seeking payment for labor or
materials purchased or supplied by the Company or its subcontractors in connection with
this Contract; or (iii) arising from the Company's failure to perform its obligations under
this Contract,or from any act of negligence or wilful misconduct by the Company or any of
its agents, employees or subcontractors relating to this Contract, including but not limited
to any liability caused by an accident or other occurrence resulting in bodily injury, death,
sickness or disease to any person(s) or damage or destruction to any property, real or
personal, tangible or intangible; or (iv) arising from a violation of any federal, state or
local law, regulation or ordinance by the Company or any its subcontractors (including
without limitation E-Verify or other immigration laws); or(v) arising from any claim that
the Company or an employee or subcontractor of the Company is an employee of the City,
including but not limited to claims relating to worker's compensation, failure to withhold
taxes and the like. For purposes of this Section: (a)the term "Indemnitees"means the City
and each of the City's officers, officials, employees, agents and independent contractors
(excluding the Company); and (b) the term "Charges" means any and all losses, damages,
costs, expenses (including reasonable attorneys' fees), obligations, duties, fines, penalties,
royalties, interest charges and other liabilities (including settlement amounts) or any other
legal theory or principle, in connection with an Infringement Claim.
33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the
insurance requirements described in this Section. In the event the Company fails to procure
and maintain each type of insurance required by this Section,or in the event the Company
fails to provide the City with the required certificates of insurance,the City shall be entitled
to terminate the Contract immediately upon written notice to the Company.
RFP#269-2017-028—Addendum#1 14
Exhibit A
Sample City Contract
The Company agrees to purchase and maintain the following insurance coverage during the
life of the Contract with an insurance company acceptable to the City of Charlotte,
authorized to do business in the State of North Carolina:
(A) Automobile Liability: Bodily injury and property damage liability covering all
owned, non-owned, and hired automobiles for limits of not less than $1,000,000
bodily injury each person, each accident; and, $1,000,000 property damage, or
$1,000,000 combined single limit each occurrence/aggregate.
(B) Commercial General Liability: Bodily injury and property damage liability as
shall protect the successful Company and any subcontractor performing work
under the Contract from claims of bodily injury or property damage which arise
from performance of the Contract, whether such work is performed by the
Company, any subcontractor or anyone directly or indirectly employed by either.
The amounts of such insurance shall not be less than $1,000,000 bodily injury
each occurrence/aggregate and $1,000,000 property damage each
occurrence/aggregate or$1,000,000 bodily injury and property damage combined
single limits each occurrence/aggregate. This insurance shall include coverage
for products, services, completed operations, personal injury liability and
contractual liability assumed under the indemnity provision of the Contract.
(C) Workers' Compensation: Meeting the statutory requirements of the State of
North Carolina and Employers Liability - $100,000 per accident limit, $500,000
disease per policy limit, $100,000 disease each employee limit, providing
coverage for employees and owners.
The City shall be named as additional insured under the commercial general liability
insurance for operations or services rendered under this Contract. The Company's
insurance shall be primary of any self-funding and/or insurance otherwise carried by the
City for all loss or damages arising from the Consultant's operations under this agreement.
The Company and each of its subcontractors shall and does waive all rights of subrogation
against the City and each of the Indemnitees,as defined in Section 5.1.
The Company shall not commence any work in connection with the Contract until it has
obtained all of the types of insurance set forth in this Form, and such insurance has been
approved by the City. The Company shall not allow any subcontractor to commence work
on its subcontract until all similar insurance required of the subcontractor has been obtained
and approved.
All insurance policies shall be with insurers qualified and doing business in North Carolina
recognized by the Secretary of State and the Insurance Commissioner's Office. The
Company shall furnish the City with proof of insurance coverage by certificates of
insurance accompanying the Contract.
Certificates of all required insurance shall contain the provision that the City will be given
(30) days written notice of any intent to amend or terminate by either the insured or the
insuring company. All insurance certificates must include the City of Charlotte's contract
number in the description field.
The City shall be exempt from, and in no way liable for any sums of money that may
represent a deductible in any insurance policy.The payment of such deductible shall be the
sole responsibility of the Company and/or subcontractor providing such insurance.
34. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract, the Company represents and warrants that it
will fully comply with the City's Commercial Non-Discrimination Policy, as described in
Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of
any arbitration conducted thereunder. As part of such compliance, the Company shall not
RFP#269-2017-028—Addendum#1 15
Exhibit A
Sample City Contract
discriminate on the basis of race, gender, religion, national origin, ethnicity, age or
disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or
suppliers in connection with a City contract or contract solicitation process, nor shall the
Company retaliate against any person or entity for reporting instances of such
discrimination. The Company shall provide equal opportunity for subcontractors, vendors
and suppliers to participate in all of its subcontracting and supply opportunities on City
contracts, provided that nothing contained in this clause shall prohibit or limit otherwise
lawful efforts to remedy the effects of marketplace discrimination that has occurred or is
occurring in the marketplace. The Company understands and agrees that a violation of this
clause shall be considered a material breach of this Contract and may result in termination
of this Contract, disqualification of the Company from participating in City contracts or
other sanctions.
As a condition of entering into this Contract, the Company agrees to: (a) promptly provide
to the City in a format specified by the City all information and documentation that may be
requested by the City from time to time regarding the solicitation, selection, treatment and
payment of subcontractors in connection with this Contract; and(b)if requested,provide to
the City within sixty days after the request a truthful and complete list of the names of all
subcontractors, vendors, and suppliers that the Company has used on City contracts in the
past five years, including the total dollar amount paid by the Company on each subcontract
or supply contract. The Company further agrees to fully cooperate in any investigation
conducted by the City pursuant to the City's Non-Discrimination Policy, to provide any
documents relevant to such investigation that are requested by the City,and to be bound by
the award of any arbitration conducted under such Policy.
The Company agrees to provide to the City from time to time on the City's request,
payment affidavits detailing the amounts paid by the Company to subcontractors and
suppliers in connection with this Contract within a certain period of time. Such affidavits
shall be in the format specified by the City from time to time
The Company understands and agrees that violation of this Commercial Non-
Discrimination provision shall be considered a material breach of this Contract and may
result in contract termination, disqualification of the Company from participating in City
contracts and other sanctions.
35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as
confidential information all data provided by the City in connection with this agreement.
City data processed by the Company shall remain the exclusive property of the City. The
Company will not reproduce, copy, duplicate, disclose, or in any way treat the data
supplied by the City in any manner except that contemplated by this agreement.
36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and
agents shall,whenever on the City's premises,obey all instructions and directions issued by
the City's project manager with respect to work on the City's premises. The Company
agrees that its personnel and the personnel of its subcontractors will comply with all rules,
regulations and security procedures of the City when on the City's premises.
37. BACKGROUND CHECKS: The Company agrees that it has conducted or will conduct
background checks on all personnel who will be working at the Charlotte service facility or
delivering Products or Services under the Contract. The Company will conduct such
background checks prior to the personnel commencing work hereunder, whether as part of
the Company's standard pre-employment screening practices or otherwise. The Company
will complete a background check on an annual basis for each person working at the
Charlotte facility. Background check will include at a minimum:
RFP#269-2017-028—Addendum#I 16
Exhibit A
Sample City Contract
a. Criminal records search,
b. Identification verification;and
c. Proof of authorization to work in the United States.
The Company agrees if any personnel do not meet the background qualifications,he/she
shall not be assigned to perform services under this Contract. The Company will notify the
City immediately if a background check reveals any conviction(s). If there is any question
as to whether any personnel meets the background qualifications,prior to assignment of
any Services under this Contract,the Company shall contact the City immediately.
38. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The
Company hereby certifies that it has or it will within thirty(30)days after execution of this
Contract:
39.1 Notify employees that the unlawful manufacture, distribution, dispensation,
possession, or use of controlled substance is prohibited in the workplace and
specifying actions that will be taken for violations of such prohibition;
39.2 Establish a drug-free awareness program to inform employees about (i) the dangers
of drug abuse in the workplace, (ii)the Company's policy of maintaining a drug-free
workplace, (iii) any available drug counseling, rehabilitation, and employee
assistance programs, and (iv) the penalties that may be imposed upon employees for
drug abuse violations;
39.3 Notify each employee that as a condition of employment, the employee will (i)abide
by the terms of the prohibition outlines in (a) above, and (ii) notify the Company of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction;
39.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling,
rehabilitation or abuse program by an employee convicted of a drug crime;
39.5 Make a good faith effort to continue to maintain a drug-free workplace for
employees;and
39.6 Require any party to which it subcontracts any portion of the work under the contract
to comply with the provisions of this Section.
A false certification or the failure to comply with the above drug-free workplace
requirements during the performance of this Contract shall be ground for suspension,
termination or debarment.
39. NOTICES. Any notice, consent or other communication required or contemplated by this
Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight
courier, by electronic mail or by telefax to the intended recipient at the address set forth
below. Notice shall be effective upon the date of receipt by the intended recipient;
provided that any notice which is sent by telefax or electronic mail shall also be
simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier.
Each party may change its address for notification purposes by giving the other party
written notice of the new address and the date upon which it shall become effective.
Communications that relate to any breach, default, termination, delay in performance, and
prevention of performance, modification, extension, amendment, or waiver of any
provision of this Contract shall be sent to:
RFP#269-2017-028-Addendum#1 17
Exhibit A
Sample City Contract
For The Company: For The City:
Procurement Management Division
600 East Fourth Street
Charlotte,NC 28202 _
Phone:
Fax:
E-mail:
With Copy To: With Copy To:
Cindy White
Senior Assistant City Attorney
600 East Fourth Street
Charlotte,NC 28202
Phone: 704-336-3012
Fax: 704-336-8854
E-mail: cwhite@ci.charlotte.nc.us
All other notices shall be sent to the other party's Project Manager at the most recent
address provided in writing by the other party.
40. SUBCONTRACTING: The Company shall not subcontract any of its obligations under
this Contract without the City's prior written consent. In the event the City does consent in
writing to a subcontracting arrangement, Company shall be the prime contractor and shall
remain fully responsible for performance of all obligations which it is required to perform
under this Contract. Any subcontract entered into by Company shall name the City as a
third party beneficiary.
41. FORCE MAJEURE: Neither party shall be liable for any failure or delay in the
performance of its obligations pursuant to the Contract, and such failure or delay shall not
be deemed a default of the Contract or grounds for termination hereunder if all of the
following conditions are satisfied:
If such failure or delay:
A. could not have been prevented by reasonable precaution;
B. cannot reasonably be circumvented by the non-performing party through the use
of alternate sources,work-around plans,or other means;and
C. if,and to the extent,such failure or delay is caused, directly or indirectly,by fire,
flood, earthquake, hurricane, elements of nature or acts of God, acts of war,
terrorism,riots,civil disorders,rebellions or revolutions or court order.
An event that satisfies all of the conditions set forth above shall be referred to as a "Force
Majeure Event." Upon the occurrence of a Force Majeure Event, the affected party shall be
excused from any further performance of those of its obligations which are affected by the
Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the
affected party continues to use reasonable efforts to recommence performance whenever and
to whatever extent possible without delay.
Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the
other by telephone (to be confirmed by written notice within five (5) days of the inception of
the failure or delay) of the occurrence of a Force Majeure Event and shall describe in
reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event
prevents the Company from performing its obligations for more than fifteen(15)days, the
City shall have the right to terminate the Contract by written notice to the Company.
RFP#269-2017-028-Addendum#1 18
Exhibit A
Sample City Contract
Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts,
lockouts, and industrial disputes of the Company or its subcontractors shall not constitute
"Force Majeure Events" and are not excused under this provision. Nothing in the preceding
Force Majeure provisions shall relieve the successful Company of any obligation it may have
regarding disaster recovery,whether under the Contract or at law.
42 CONFIDENTIALITY.
42.1 DEFINITIONS. As used in this Contract, The term "Confidential Information"
shall mean any information, in any medium, whether written, oral or electronic,
not generally known in the relevant trade or industry that is obtained from the
City or any of its suppliers,contractors or licensors which falls within any of the
following general categories:
42.2 TRADE SECRETS. For purposes of this Contract, trade secrets consist of
information of the City or any of its suppliers, contractors or licensors: (a) that
derives value from being secret; and(b)that the owner has taken reasonable steps
to keep confidential. Examples of trade secrets include information relating to
proprietary software, new technology, new products or services, flow charts or
diagrams that show how things work, manuals that tell how things work and
business processes and procedures.
42.3 Information of the City or its suppliers, contractors or licensors marked
"Confidential-or-Proprietary.-
42.4 Information relating to criminal investigations conducted by the City,and records
of criminal intelligence information compiled by the City.
42.5 Information contained in the City's personnel files, as defined by N.C. Gen. Stat.
160A-168. This consists of all information gathered by the City about
employees, except for that information which is a matter of public record under
North Carolina law.
42.6 Citizen or employee social security numbers collected by the City.
42.7 Computer security information of the City, including all security features of
electronic data processing, or information technology systems,
telecommunications networks and electronic security systems. This encompasses
but is not limited to passwords and security standards, procedures, processes,
configurations,software and codes.
42.8 Local tax records of the City that contains information about a taxpayer's income
or receipts.
42.9 Any attorney/client privileged information disclosed by either party.
42.10 Any data collected from a person applying for financial or other types of
assistance, including but not limited to their income, bank accounts, savings
accounts,etc.
42.11 The name or address of individual home owners who, based on their income,
have received a rehabilitation grant to repair their home.
42.12 Building plans of City-owned buildings or structures, as well as any detailed
security plans.
42.13 Billing information of customers compiled and maintained in connection with the
City providing utility services
RFP#269-2017-028-Addendum#1 19
Exhibit A
Sample City Contract
42.14 Other information that is exempt from disclosure under the North Carolina public
records laws.
Categories 42.1 through 42.13 above constitute "Highly Restricted Information,"
as well as Confidential Information. The Company acknowledges that certain
Highly Restricted Information is subject to legal restrictions beyond those
imposed by this Contract, and agrees that: (a) all provisions in this Contract
applicable to Confidential Information shall apply to Highly Restricted
Information; and (b) the Company will also comply with any more restrictive
instructions or written policies that may be provided by the City from time to
time to protect the confidentiality of Highly Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed
after the date of this Contract,the Confidential Information shall include
information disclosed or revealed within one year prior to the date of this
Contract.
43. RESTRICTIONS. Company shall keep the Confidential Information in the strictest
confidence,in the manner set forth below:
43.1 Company shall not copy, modify, enhance, compile or assemble (or reverse
compile or disassemble), or reverse engineer Confidential Information, except as
authorized by the City in writing.
43.2 Company shall not, directly or indirectly, disclose, divulge, reveal, report or
transfer Confidential Information to any third party, other than an agent,
subcontractor or vendor of the City or Company having a need to know such
Confidential Information for purpose of performing work contemplated by
written agreements between the City and the Company, and who has executed a
confidentiality agreement incorporating substantially the form of this the
Contract. Company shall not directly or indirectly, disclose, divulge, reveal,
report or transfer Highly Restricted to any third party without the City's prior
written consent.
43.3 Company shall not use any Confidential Information for its own benefit or for the
benefit of a third party, except to the extent such use is authorized by this
Contract or other written agreements between the parties hereto, or is for the
purpose for which such Confidential Information is being disclosed.
43.4 Company shall not remove any proprietary legends or notices, including
copyright notices,appearing on or in the Confidential Information.
43.5 Company shall use reasonable efforts (including but not limited to seeking
injunctive relief where reasonably necessary) to prohibit its employees, vendors,
agents and subcontractors from using or disclosing the Confidential Information
in a manner not permitted by this Contract.
43.6 In the event that any demand is made in litigation, arbitration or any oilier
proceeding for disclosure of Confidential Information, Company shall assert this
Contract as a ground for refusing the demand and, if necessary, shall seek a
protective order or other appropriate relief to prevent or restrict and protect any
disclosure of Confidential Information.
43.7 All materials which constitute, reveal or derive from Confidential Information
shall be kept confidential to the extent disclosure of such materials would reveal
Confidential Infonnation,and unless otherwise agreed,all such materials shall be
RFP#269-2017-028—Addendum#1 20
Exhibit A
Sample City Contract
returned to the City or destroyed upon satisfaction of the purpose of the
disclosure of such information.
43.8 Company shall restrict employee access to the Confidential Information to those
employees having a need to know for purposes of their jobs.
43.9 Company shall take reasonable measures to prevent the use or disclosure of
Confidential Information by its employees in a manner not permitted by this
Contract. The Company shall have each of its employees who will have access
to the Confidential Information sign a confidentiality agreement which provides
the City and its vendors, licensors, subcontractors, employees and taxpayers the
same level of protection as provided by this Contract.
44. EXCEPTIONS. The Cite agrees that Company shall have no obligation with
respect to any Confidential Information that the Company can establish:
44.1 Was already known to Company prior to being disclosed by the City;
44.2 Was or becomes publicly known through no wrongful act of Company;
44.3 Was rightfully obtained by Company from a third party without similar
restriction and without breach hereof;
44.4 Was used or disclosed by Company with the prior written authorization of the
City;
44.5 Was disclosed pursuant to the requirement or request of a governmental agency,
which disclosure cannot be made in confidence, provided that, in such instance,
Company shall first give to the City notice of such requirement or request;
44.6 Was disclosed pursuant to the order of a court of competent jurisdiction or a
lawfully issued subpoena,provided that the Company shall take reasonable steps
to obtain an agreement or protective order providing that this Contract will be
applicable to all disclosures under the court order or subpoena.
45. MISCELLANEOUS
45.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and
Attachments constitute the entire agreement between the parties with respect to
the subject matter herein. There are no other representations, understandings, or
agreements between the parties with respect to such subject matter. This
Contract supersedes all prior agreements, negotiations, representations and
proposals, written or oral. Notwithstanding the forgoing, the parties agree that
the RFP and the Proposals are relevant in resolving any ambiguities that may
exist with respect to the language of this Contract
45.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in
writing and signed by the party against whom enforcement is sought. Amendments
that involve or increase in the amounts payable by the City may require execution
by a Department Director, the City Manager, or an Assistant City Manager;
depending on the amount. Some increases may also require approval by City
Council.
45.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the
interpretation and enforcement of this Contract, and any other matters relating to
this Contract (all without regard to North Carolina conflicts of law principles). All
legal actions or other proceedings relating to this Contract shall be brought in a
RFP#269-2017-028—Addendum#1 21
Exhibit A
Sample City Contract
state or federal court sitting in Mecklenburg County,North Carolina. By execution
of this Contract, the parties submit to the jurisdiction of such courts and hereby
irrevocably waive any and all objections which they may have with respect to
venue in any court sitting in Mecklenburg County,North Carolina.
45.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties
and their successors and permitted assigns. Neither party may assign this Contract
without the prior written consent of the other. Any assignment attempted without
the written consent of the other party shall be void. For purposes of this Section,a
Change in Control,as defined in Section 42.8 constitutes an assignment.
45.5 SEVERABILITY. The invalidity of one or more of the phrases,sentences,clauses
or sections contained in this Contract or the Exhibits shall not affect the validity of
the remaining portion of this Contract or Exhibits so long as the material purposes
of this Contract can be determined and effectuated. If any provision of this Contract
or Exhibit is held to be unenforceable, then both parties shall be relieved of all
obligations arising under such provision, but only to the extent that such provision
is unenforceable, and this Contract shall be deemed amended by modifying such
provision to the extent necessary to make it enforceable while preserving its intent.
45.6 NO PUBLICITY. No advertising, sales promotion or other materials of the
Company or its agents or representations may identify or reference this Contract or
the City in any manner without the prior written consent of the City.
Notwithstanding the forgoing, the parties agree that the Company may list the City
as a reference in responses to requests for proposals,and may identify the City as a
customer in presentations to potential customers.
45.7 WAIVER. No delay or omission by either party to exercise any right or power it
has under this Contract shall impair or be construed as a waiver of such right or
power. A waiver by either party of any covenant or breach of this Contract shall
not constitute or operate as a waiver of any succeeding breach of that covenant or
of any other covenant. No waiver of any provision of this Contract shall be
effective unless in writing and signed by the party waiving the rights.
45.8 CHANGE IN CONTROL. In the event of a change in "Control"of the Company
(as defined below), the City shall have the option of terminating this Contract by
written notice to the Company. The Company shall notify the City within ten days
of the occurrence of a change in control. As used in this Contract, the term
"Control" shall mean the possession, direct or indirect, of either (i) the ownership
of or ability to direct the voting of, as the case may be fifty-one percent (51%) or
more of the equity interests, value or voting power in the Company or (ii) the
power to direct or cause the direction of the management and policies of the
Company whether through the ownership of voting securities, by contract or
otherwise.
45.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or
subcontractors, nor any employees of any of the forgoing has bribed or attempted
to bribe an officer or employee of the City in connection with this Contract.
45.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The
Company agrees to make itself aware of and comply with all local, state and
federal ordinances, statutes, laws, rules and regulations applicable to the Services.
The Company further agrees that it will at all times during the term of this Contract
be in compliance with all applicable federal, state and/or local laws regarding
RPP#269-2017-O28—Addendum#1 22
Exhibit A
Sample City Contract
employment practices. Such laws will include, but shall not be limited to workers'
compensation, the Fair Labor Standards Act (FLSA), the Americans with
Disabilities Act(ADA),the Family and Medical Leave Act (FMLA)and all OSHA
regulations applicable to the work.
45.11 TAXES. The Company shall pay all applicable federal,state and local taxes which
may be chargeable against the Products and/or Services.
45.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits,
which by their nature would reasonably be expected to continue after the
termination of the Contract shall survive the termination of the Contract, including
but not limited to the following:
Section 3 "Term"
Section 4.3 "Employment Taxes and Employee Benefits"
Section 13 "General Warranties"
Section 14 "Additional Representations and Warranties"
Section 22 "Guarantee"
Section 28 "Other Remedies"
Section 29 "Termination"
Section 33 "Insurance"
Section 34 "Indemnification"
Section 39 `'Notices"
Section 42 "Confidentiality"
Section 45 "Miscellaneous"
45.13 NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the
funding needed by the City to make payments under this Contract for a given fiscal
year, the City will not be obligated to pay amounts due beyond the end of the last
fiscal year for which funds were appropriated. In such event,the City will promptly
notify the Company of the non-appropriation and this Contract will be terminated
at the end of the last fiscal year for which funds were appropriated. No act or
omission by the City, which is attributable to non-appropriation of funds shall
constitute a breach of or default under this Contract.
45.14 E-VERIFY. Company shall comply with the requirements of Article 2 of Chapter
64 of the North Carolina General Statutes, and shall require each of its
subcontractors to do so as well.
45.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the
Final Divestment List or any other list of prohibited investments created by the NC
State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action
causing it to appear on any such list during the term of this Contract; and(iii)it will
not utilize any subcontractor that is identified on any such list to provide goods or
services hereunder.
45.16 PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Stat. 159-28(a)
because this Contract is for an indefinite quantity with no minimum purchase
requirement. Notwithstanding anything contained herein to the contrary, this
Contract does not require the City to purchase a single product or service, and a
decision by the City to not make any purchase hereunder will violate neither this
Contract nor any implied duty of good faith and fair dealing. The City has no
financial obligation under this Contract absent the City's execution of a valid and
binding purchase order or contract addendum containing a pre-audit certificate."
RFP#269-2017-028-Addendum#1 23
Exhibit A
Sample City Contract
45.17 UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract,the Company agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter IL Part 200—Uniform Administrative
Requirements,Cost Principles,and Audit Requirements for Federal Awards
contained in Title 2 C.F. R. §200 et seq.
45.18 COUNTERPARTS.
This Contract may be executed in any number of counterparts,all of which taken
together shall constitute one single agreement between the parties.
[Signature Page Follows]
RFP#269-2017-028—Addendum ] 24
Exhibit A
Sample City Contract
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each
and every provision hereof, the parties have caused this Contract to be executed on the date first written
above.
COMPANY:
BY:
PRINT NAME:
TITLE:
DATE:
CITY OF CHARLOTTE CITY OF CHARLOTTE
CITY MANAGER'S OFFICE: RISK MANAGEMENT DIVISION:
BY: BY:
PRINT NAME: PRINT NAME:
TITLE: TITLE:
DATE: DATE:
This instrument has been pre-audited in the manner required by Local Government Budget and Fiscal
Control Act.
BY:
DEPUTY FINANCE OFFICER DATE
Note: All Exhibits listed in Section 1 of this Contract will be included in the final Contract and will follow
this page of the Contract.
RFP#269-2017-028—Addendum#1 25
•
CIURE-
Finance Office - Procurement Management
Playground Equipment, Outdoor Fitness Equipment,Site
Addendum#2 Accessories, Surfacing,and Related Products and Services
RFP#269-2017-028
To: All Prospective Service Providers
Date: February 16,2017
Subject: Addendum#2—RFP#269-2017-028
Playground Equipment,Outdoor Fitness Equipment,Site Accessories,Surfacing,and Related
Products and Services
Please note the specification changes/modifications below for the RFP_
Item# Page# Section# Specification(s) Modification(s),Questions&Answers
Modification:
Form #4- Pricing Worksheet has been revised as
follows:
1. Design #2: The site dimension has been revised as
follows:
1 36-40 Section 6 Pricing Worksheet Site Dimensions: 50ft. x 65 ft.
Form 4
2. Design#4 has been added.Please read carefully.
New Form#4 is included in this Addendum#2 and
Companies must be sure to submit this revised Form
#4 with your proposal response.
N A N/A Pre-proposal Sign-in A copy of attendee sign-in sheet from the Pre-proposal
Sheet meeting held on February 7,2017 is attached.
In order to constitute a complete proposal response you must acknowledge receipt of this addendum with the Addenda
Receipt Confirmation Form 2 in Section 6 of the subject RFP in your Proposal.
Any Company not acknowledging receipt of an issued addendum may not be considered.
Finance Office-Procurement Management
Management and Financial Services/City of Charlotte 600 East Fourth Street Charlotte,NC 28202-2850
Phone: 704/336-2256 Fax:704/336-2258
RFP#269-2017-028—Addendum#1 1
In the event additional changes or clarifications to this RFP are warranted, all Service Providers are responsible for
monitoring www.ips.state.nc.us or the City of Charlotte website at:
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspxfor additional addenda.
We appreciate your interest in doing business with the City of Charlotte and look forward to receiving a Proposal from your
company.
Sincerely,
Karen Ewing
Deputy Chief Procurement Officer
cc: Alexis Turner,U.S.Communities
Evaluation Team
RFP File
Finance Office-Procurement Management
Management and Financial Services/City of Charlotte 600 East Fourth Street Charlotte,NC 28202-2850
Phone:704/336-2256 Fax:704/336-2258
RFP#269-2017-028—Addendum#1 2
Section 6
Required Forms
Required Form 4 - Pricing worksheet
RFP# 269-2017-028
Playground Equipment, Outdoor Fitness Equipment,Site Accessories, Surfacing,and Related
Products and Services
Regardless of exceptions taken, Companies shall provide pricing based on the requirements and terms set
forth in this RFP. Cost must be in United States dollars rounded to the nearest quarter of a dollar. If there
are additional costs associated with the Services, please add to this chart.
Proposal must include electronic copies (on flash drive) of manufacturer's listings, a published wholesale
or retail price list, which is widely distributed to the marketplace, or other product literature which
describes all the products being offered.
The price schedules must be a single percentage discount from published retail price list, or other
verifiable published price list. Published price lists must be submitted annually and the same percentage
of discount shall apply for the life of the contract. Pricing must be provided for every Product and Service
included in your Proposal.Cost must be in United States dollars rounded to the nearest quarter of a dollar.
1. Please provide your verifiable price list(s):
CATEGORY VERIFIABLE PRICE LIST
NUMBER/DATE
Playground Equipment (i.e. themed systems, stand-
along activities,system components)
Outdoor Fitness Equipment (i.e. challenge courses,
strength building, multigenerational fitness, precision
timing systems)
Site Accessories (i.e. Benches, Picnic tables, Planters,
Litter receptacles, Bike Racks)
Surfacing(i.e. Pour in Place Rubber, Wood fiber,etc.)
Related Products (i.e. Shade Structures skate parks,
water parks)
Services (i.e. Installation, Design, Layout, Repair,
Maintenance, Removal, Disposal)
2. Please provide your percentage discount off retail price for all products included each of the
following categories. Please use additional sheets and list all categories that you are offering for
this contract.
CATEGORY PERCENTAGE(%)
DISCOUNT
Playground Equipment (i.e. themed systems, stand-
along activities,system components)
Outdoor Fitness Equipment (i.e. challenge courses,
strength building, multigenerational fitness, precision
timing systems)
Site Accessories (i.e. Benches, Picnic tables, Planters,
Litter receptacles, Bike Racks)
Surfacing(i.e. Pour in Place Rubber,Wood fiber,etc.)
Related Products (i.e. Shade Structures skate parks,
RFP#269-2017-028 Addendum #2 Revised 2/16/2017
Section 6
Required Forms
water parks)
Services (i.e. Installation, Design, Layout, Repair,
Maintenance, Removal, Disposal)
3. Company must provide the following for each of the three(s)sample playground designs(FOR
EVALUATION AND PRICE COMPARISON ONLY):
1) 3 dimensional Drawings
2) Number of kids that can use the playground;
3) Total number of play components:
a. Number of ground level components
b. Number of accessible ground level components
c. Number of elevated components
d. Number of accessible elevated components
4) Play Structure Size
5) Deck Sizes
6) Itemized costs using proposed discounts and list prices to include all applicable costs,
including,but not limited to:
a) Each Structure or component (i.e. playground, site Accessories, shade, receptacles,
etc.)
b) Design Services
c) Surfacing
d) installation
e) Any other products or services that is associated with this sample.
7) Diameter of Uprights
8) Color options
9) Minimum time needed from date of design to delivery of equipment
10) DO NOT include freight in sample Playground pricing.
DESIGN 1:
Site Dimensions: 50 ft. x 125 ft.
Budget: $225,000(must include all design,equipment,and installation costs)
Ages: Separate play area for 2 to 5 years old
Separate play area for 5-12 years old
Design: Bright,Colorful Playgrounds with Roofs
Playground will be serving a community with physical disabilities children. The Playgrounds design must
include the minimum following components:
Inclusive play components that:
• Encourage development of sensory processing including proprioceptive and vestibular systems.
• Encourage social interaction within the playground.
• Provide opportunities for spinning, sliding,rocking and swinging incorporated with heights,
motions and body positions.
• Provide opportunities for climbing,crawling,bouncing and balancing.
• Stimulate sensory experiences through tactile,auditory and visual components and events.
• Provide multiple levels of challenge(easy,moderate,difficult of the same type of activity).
• Are easy to transfer to and from a mobility device.
RFP#269-2017-028 Addendum#2 Revised 2/16/2017
Section 6
Required Forms
• Ensure a child in mobility device is in the middle of play.
• Requires limited provision of ramps.
2-5 Year Old Structure:
• One(1)Early Childhood(tot) Swings with sides
• One(1)Slide-4 ft.maximum height
• One(1)Climber
• One(1)Crawl Tunnel
• One(1) Sand Box
5-12 Year Old Structure:
• One(1)Double Slide—6 ft. maximum height
• One(1)Spiral Slide
• One(1)Net Climber
• One(I)Rock Climber
• Two(2)Wheel chair accessible ramps
• One(1)Bridge
Surfacing:
Bonded rubber fall surface to include sub-base (granite screening)and geo fabric.
Site Accessories:
• Four (4) 8ft Heavy Duty Picnic Tables with steel frame
• One(1)Sway Bench(12-gauge punched steel with 3.5"diameter posts.
• Three(3)Trash Receptacles
• Two(2) Heavy Duty 6-foot Benches with back,and armrest. Placed with good sightlines for
monitoring children.
DESIGN 2:
Site Dimensions: 50ft. x 65 ft.
Budget: $85,000(must include all design,equipment,and installation costs)
Ages: 5-12 years old
Design: Nature Themed with Neutral Colors
• One(1)Double Slide—8 ft. maximum height
• One(1)Tube Slide
• Two(2)Climbers
• Four(4) Swings with a minimum of one (1)accessible swing.
• One (1) Balance Beam
• One(I)Transfer Station
• One(1)Bridge
• One(1)Zip-line
Surfacing:
Minimum of 12 inches compacted wood safety surfacing.
RFP#269-2017-028 Addendum#2 Revised 2/16/2017
Section 6
Required Forms
DESIGN 3:
Site Dimensions: 30 ft.x 45 ft.
Budget: $45,000(must include all design,equipment,and installation costs)
Ages: 13+ years old
Design: Adult Outdoor Fitness
Comprehensive fitness package that offers flexibility, balance, strength,and low-impact aerobic workout
activities,and includes the minimum following elements:
• One(1)Wobble Board
• One(1)Captains Chair
• One(1)Chest Press
• One(1)Lat Pull Down and Leg Press
• One(1)Trapeze Rack
• One(1)Recumbent Cycle
• One(1)Heavy Duty Bicycle Rack
Surfacing:
No Surfacing required.
DESIGN 4:
Site Dimensions: Separate play area for 6-23 months old=30 ft.x 40 ft.
Separate play area for 2 to 5 years old=55 ft. x 70 ft.
Separate play area for 5-12 years old=70 ft. x 120 ft.
Separate play area for 12-17 years old= 70 ft.x 40
Separate sport&fitness area for 13+-adults=70 ft.x 75 ft.
Budget: $1,250,000.00(must include all design,equipment,and installation costs)
Ages: See ages included in Site Dimensions above.
Design: This is an open ended design to allow Companies to demonstrate creativity,
and showcase a variety of catalog offerings.
This is a large scale recreational area to attract community support and visitors to provide recreational
play and fitness for infants through senior citizens,and encourage teens and adults to be active,but should
not include all sports related activities(i.e.basketball) in the 12-17 and 13+year old areas.
Surfacing: Open ended to Company suggestions.
Site Accessories: Open ended to Company suggestions.
RFP#269-2017-028 Addendum#2 Revised 2/16/2017
CITY OF CHARLOTTE
Finance - Procurement Management
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Finance Office - Procurement Management
Playground Equipment, Outdoor Fitness Equipment, Site
Addendum#3 Accessories, Surfacing,and Related Products and Services
RFP#269-2017-028
To: All Prospective Service Providers
Date: February 20,2017
Subject: Addendum#3—RFP#269-2017-028
Playground Equipment.Outdoor Fitness Equipment,Site Accessories,Surfacing,and
Related Products and Services
Please note the specification changes/modifications below for the RFP.
Item# Page# Section# Specification(s) Modification(s),Questions& Answers
Clarification:
Section 6 3. Sample Playground
38 Form 4 Designs All 3D drawings of sample playground designs may be
1) 3 dimensional submitted on larger paper sizes up to 32"x 44"
drawings
In order to constitute a complete proposal response you must acknowledge receipt of this addendum with the
Addenda Receipt Confirmation Form 2 in Section 6 of the subject RFP in your Proposal.
Any Company not acknowledging receipt of an issued addendum may not be considered.
In the event additional changes or clarifications to this RFP are warranted, all Service Providers are responsible for
monitoring www.ips.state.nc.us or the City of Charlotte website at:
http://charlottenc_gov/DoingBusiness/Pages/ContractOl ortunities.aspxfor additional addenda.
We appreciate your interest in doing business with the City of Charlotte and look forward to receiving a Proposal
from your company.
Sincerely,
Karen Ewing
Deputy Chief Procurement Officer
cc: Alexis Turner,U.S.Communities
Evaluation Team
RFP File
RFP#269-2017-028 Addendum#3 2/20/2017
U.S.COMMUNITIES
GOVERNMENT PURCHASING ALLIANCE
41'��° NLC s ,
COMPETITIVE SOLICITATION
BY CITY OF CHARLOTTE, NORTH CAROLINA
FOR
PLAYGROUND EQUIPMENT, OUTDOOR FITNESS EQUIPMENT,
SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS
AND SERVICES
ON BEHALF OF ITSELF AND OTHER GOVERNMENT AGENCIES
AND MADE AVAILABLE THROUGH THE U.S. COMMUNITIES
GOVERNMENT PURCHASING ALLIANCE
RFP #269-2017-028
January 25, 2017
REQUEST FOR PROPOSALS
RFP# 269-2017-028
Playground Equipment,Outdoor Fitness Equipment, Site Accessories,Surfacing, and Related
Products and Sery ices
JANURARY 25,2017
Dear Sir or Madam:
The City of Charlotte,North Carolina (herein"City"or"Lead Public Agency")on behalf of itself
and all states, local governments, school districts,and higher education institutions in the United
States of America, and other government agencies and nonprofit organizations (herein
"Participating Public Agencies")is now accepting Proposals for Playground Equipment, Outdoor
Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services. The
requirements for submitting a Proposal are stated in the attached Request for Proposals (the
"RFP"). Please review them carefully.
A Non-Mandatory Pre-Proposal Conference for the purpose of reviewing the RFP and
answering questions regarding the Services will be held on FEBRUARY 7,2017, at 10:00 a.m.,
at the Charlotte-Mecklenburg Government Center (CMGC), 600 East Fourth Street, Charlotte,
North Carolina 28202, Conference Room 280 or via teleconference at 704-432-5488. Please bring
a copy of the RFP with you at that time. All interested Companies should return a completed
Request For Proposals Acknowledgement Form (see Section 6, Form 1) by the date stated in the
schedule in Section 3.1 of this RFP.
An electronic copy of the RFP in Microsoft Word format may be obtained by contacting Karen
Ewing at kewing(c,charlottenc.aov.
All Proposals are due to the Management and Financial Services, Procurement Management
Division, 9th Floor, CMGC 600 East Fourth Street, Charlotte, North Carolina 28202, no later
than MARCH 16,2017 at 2:00 p.m.
Two (2) original Proposals signed in ink by a company official authorized to make a legal and
binding offer, and ten (10) electronic copies of the Proposal on individual flash drives in a
searchable format such as MS Word or Adobe Acrobat must be submitted in a sealed box or
opaque envelope plainly marked with the Proposal number and service description as follows:
Request for Proposals
Attention: Karen Ewing
Name of Company Submitting Proposal]
Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and
Related Products& Services
RFP#269-2017-028
RFP questions must be directed to Karen Ewing, Management and Financial Services,
Procurement Management Division, per the enclosed instructions in Section 3.3. The City is an
equal opportunity purchaser.
Sincerely,
Kay Elmore
Chief Procurement Officer
cc: Alexis Turner,U.S.Communities
RFP Project File
Checklist for submitting a Proposal:
Step 1-Read the document fully.
Step 2- If you plan on submitting a Proposal then fax Form 1 in Section 6 to the number listed
on the sheet.
Steps 3- If you have any questions send them before the deadline listed in Section 3.3.
If you plan to submit a Proposal you must follow this checklist, and must include everything
detailed below.
Proposal Copies- Please provide the specified number for each format
o 2 Copies marked "Original" in a sealed, non-transparent envelope that includes the
Company name, the RFP number, and identification of the equipment, supply, and/or
Services for which the Proposal is submitted.
0 10 Copies on flash drive.
Proposal Format-Proposals should be formatted as follows:
Included Requirements
(Check)
Cover Letter(per Section 5.1.1)
Executive Summary(per Section 5.1.2)
Addenda Acknowledgement Form (Section 6, Form 2)
Proposal Submission Form(Section 6, Form 3)
Fixed Percentage Discounts (Section 6, Form 4)
Complete Playground Designs(per Section 6, Form 4)
MWSBE Utilization (Section 6,Form 5)
Company's Background Response) Section 6,Form 6)
References(Section 6, Form 7)
Non-Discrimination Provision(Section 6, Form 8)
Environmental Purchasing Responses (Section 6,Form 9)
U.S. Communities Supplier Worksheet(Section 7)
U. S. Communities Supplier Information (Section 7)
U. S. Communities Administration Agreement—Signed,unaltered (Section 7)
IPEMA Certification (per Section 4.2)
Proposer's Complete Product& Services Price List(Per Section 4.19)
ISO 9001 and 14001 Certification (per Section 4.2)
Exceptions to any part of the RFP (If you take any exceptions to anything in this
document, please list it in a category in your Proposal called"Exceptions"and offer
an alternative solution).
The above items constitute all that must be included in the Proposal. If awarded a contract,
you will be required to provide an insurance certificate that meets or exceeds the requirements set
forth in Exhibit A, Section 26.
It is the Company's responsibility to check www.ips.state.nc.us or
http://charlottenc.gov/DoingBusiness/Pages/ContractOpportunities.aspx for any addenda or
changes to this Project. Search for RFP# 269-2017-028 to find if any documents or changes
have been posted.
RFP#269-2017-028 Playground Equipment
Table of Contents
TABLE OF CONTENTS
1. U.S.COMMUNITIES OVERVIEW AND REQUIREMENTS l
2. INTRODUCTION. 12
2.1 OBJECTIVE. 12
2.2 DEFINITIONS. 12
2.3 ACCURACY OF RFP AND RELATED DOCUMENTS. 15
2.4 CITY'S RIGHTS AND OPTIONS. 15
2.5 EXPENSE OF SUBMITTAL PREPARATION. 15
2.6 PROPOSAL CONDITIONS. 16
3 PROCUREMENT PROCESS 20
3.1 SCHEDULE AND PROCESS. 20
3.2 INTENT TO PROPOSE 20
3.3 INTERPRETATIONS AND ADDENDA. 20
3.4 PRE-PROPOSAL CONFERENCE. 21
3.5 SUBMISSION OF PROPOSALS. 21
3.6 CORRECTION OF ERRORS. 22
3.7 EVALUATION. 22
3.8 PROPOSAL EVALUATION CRITERIA. 22
3.9 QUALIFICATIONS AND EXPERIENCE 23
3.10 PROJECT APPROACH/PROPOSED SOLUTION. 23
3.11 COST EFFECTIVENESS AND VALUE. 23
3.12 MWSBE SUBCONTRACTOR UTILIZATION 23
3.13 ACCEPTANCE OF THE TERMS OF THE CONTRACT. 24
3.14 CONTRACT AWARD BY CITY COUNCIL. 24
3.15 VENDOR INCLUSION 24
4 SCOPE OF SERVICES. 25
4.1 GENERAL SCOPE. 25
4.2 PRODUCT STANDARDS AND GUIDELINES. 25
4.3 ENVIRONMENTAL PURCHASING REQUIREMENTS. 26
4.4 NEW PRODUCTS AND SERVICES. 26
4.5 REPLACEMENT PARTS. 26
4.6 SURFACING MATERIAL. 26
4.7 INSTALLATION. 26
4.8 DESIGN. 27
4.9 PROJECT MANAGEMENT. 27
4.10 SAFETY. 27
4.11 LITERATURE AND CATALOGS 27
4.12 WARRANTY. 27
4.13 LEAD TIME AND DELIVERY 27
4.14 OPTIONAL WORK. 28
4.15 MATERIAL SPECIFICATIONS. 28
4.16 ADDITIONAL REQUIREMENTS. 28
4.17 PERFORMANCE BOND. 28
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Table of Contents
4.18 REPORTS. 28
4.19 PRICING. 28
5 PROPOSAL CONTENT AND FORMAT. 31
6 REQUIRED FORMS 33
7 REQUIRED U.S. COMMUNITIES INFORMATION 45
8 U.S. COMMUNITIES ADDITIONAL PROVISIONS 66
EXHIBIT A SAMPLE CITY OF CHARLOTTE CONTRACT 99
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Section 1
U.S. Communities Overview and Requirements
1. U.S. COMMUNITIES OVERVIEW AND REQUIREMENTS
1.1 MASTER AGREEMENT
City of Charlotte (herein "Lead Public Agency") on behalf of itself and all states,
local governments, school districts, and higher education institutions in the United
States of America, and other government agencies and nonprofit organizations
(herein "Participating Public Agencies") is soliciting proposals from qualified
suppliers to enter into a Master Agreement for a complete line of Playground
Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing Material, and
Related Products and Services(herein"Products and Services").
1.2 OBJECTIVES
A. Provide a comprehensive competitively solicited Master Agreement offering
Products and Services to Participating Public Agencies;
B. Establish the Master Agreement as a Supplier's primary offering to Participating
Public Agencies;
C. Achieve cost savings for Suppliers and Participating Public Agencies through a
single competitive solicitation process that eliminates the need for multiple
proposals;
D. Combine the volumes of Participating Public Agencies to achieve cost effective
pricing;
E. Reduce the administrative and overhead costs of Suppliers and Participating
Public Agencies through state of the art ordering and delivery systems;
F. Provide Participating Public Agencies with environmentally responsible Products
and Services.
1.3 GENERAL DEFINITION OF PRODUCTS AND/OR SERVICES
Proposers are expected to propose the broadest possible selection of Playground
Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing Material, and
Related Products and Services that they offer commercially. The intent of this
solicitation is to provide Participating Public Agencies with turnkey solutions to meet
their various needs. Therefore,the Suppliers should have demonstrated experience in
providing and installing the Products and Services as defined in this RFP, including
but not limited to the following categories:
1) Playground Equipment - A complete listing of all park and Playground
Equipment, Outdoor Fitness Equipment (for all ages) including, but not limited
to, themed systems, stand-alone activities, system components, and replacement
parts available from the Company.
2) Outdoor Fitness Equipment — A complete listing of all Outdoor Fitness
Equipment for all ages and levels including,but not limited to,challenge courses,
strength building and resistance mechanisms, multigenerational fitness, optional
precision timing systems, climbing walls, pool equipment, pool lifts, and pool
timing systems.
3) Site Accessories - A complete listing of all Site Accessories such as, but not
limited to, benches, picnic tables, planters, bike racks, bike lockers, shelter and
shade structures, bleachers, grandstands, scoreboards and other related Site
Accessories available from the Company.
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U.S. Communities Overview and Requirements
4) Surfacing Materials - A complete listing of all park and playground Surfacing
Materials including but not limited to pour in place, rubber tiles,wood fiber, and
recycled materials available from the Company.
5) Related Products — Additional products such as, water parks, skate parks, dog
parks and any other related Products available from the Company.
6) Services - The complete listing of Services available from the Supplier such as,
but not limited to, installation, design, layout, repair and/or maintenance,
removal, disposal,project management and any other related Services to provide
customer support.
1.4 U.S.COMMUNITIES BACKGROUND
U.S. Communities Government Purchasing Alliance(herein"U.S.Communities")
assists Participating Public Agencies to reduce the cost of purchased goods through
strategic sourcing that combines the volumes and the purchasing power of public
agencies nationwide.This is accomplished through an award of competitively
solicited Contracts for high quality Products and Services by large and well
recognized public agencies(herein"Lead Public Agencies"). The Contracts are
provided for use by not only the respective Lead Public Agency,but also by other
Participating Public Agencies.
1.4.1 National Sponsors
U.S. Communities is jointly sponsored by the National Association of Counties
(NACo),the National League of Cities(NLC),the Association of School
Business Officials International (ASBO),the United States Conference of
Mayors(USCM)and the National Governors Association(NGA)(herein
"National Sponsors").
1.4.2 Advisory Board
The U.S. Communities Advisory Board is made up of key government
purchasing officials from across the United States.
Each Advisory Board Member is expected to actively participate in product
Proposals and selection,participate in policy direction,and share expertise and
purchasing innovations.
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U.S. Communities Overview and Requirements
Current U.S. Communities Advisory Board Members
Auburn University,AL Great Valley School District,PA
Beaverton School District,OR Harford County Public Schools,MD
City and County of Denver,CO Hennepin County, MN
City of Chicago, IL Los Angeles County,CA
City of El Paso,TX Maricopa County,AZ
City of Houston,TX Miami-Dade County,FL
City of Kansas City,MO Nassau BOCES,NY
City of Los Angeles,CA North Carolina State University,NC
City of Ocean City,NJ Onondaga County,NY
City of Seattle,WA Port of Portland,OR
Cobb County,GA Prince William County Schools,VA
Denver Public Schools,CO San Diego Unified School District,CA
Emory University,GA State of Iowa,IA
Fairfax County,VA The School District of Collier County
Fresno Unified School District,CA
1.4.3 Participating Public Agencies
Today more than 55,000 public agencies utilize U.S. Communities Contracts
and suppliers to procure over$2.0 Billion Dollars in Products and Services
annually. Each month more than 500 new public agencies register to
participate. The continuing rapid growth of public agency participation is
fueled by the program's proven track record of providing public agencies
unparalleled value.
The Supplier(s)must communicate directly with any Participating Public
Agency concerning the placement of orders,issuance of the purchase order,
Contractual disputes,invoicing,and payment.
City of Charlotte,North Carolina is acting as"Contracting Agent" for the
Participating Public Agencies and shall not be held liable for any costs,
damages,expenses, fees, liabilities,etc.incurred by any other Participating
Public Agency.
Each Participating Public Agency enters into a Master Intergovernmental
Cooperative Purchasing Agreement (MICPA)outlining the terms and
conditions that allow access to the Lead Public Agencies' Master Agreements.
Under the terms of the MICPA,the procurement by the Participating Public
Agency shall be construed to be in accordance with,and governed by,the laws
of the state in which the Participating Public Agency resides.A copy of the
MICPA is attached in Section 8.
1.4.4 Estimated Volume
The estimated dollar volume of Products and Services purchased under the
proposed Master Agreement is$100 Million Dollars annually. This estimate is
based on the anticipated volume of the Lead Public Agency,the U.S.
Communities Advisory Board members,and current sales within the U.S.
Communities program. While there is no minimum quantity of Products
required to be purchased under the proposed Master Agreement, City of
Charlotte and the U.S.Communities Advisory Board Members are committed
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U.S. Communities Overview and Requirements
to utilizing the Master Agreement.The Advisory Board members shall
determine if the Master Agreement is of value to their agency,and will
promote the Master Agreement among other public agencies nationwide and
internationally. The Advisory Board in 2015 purchased more than$160
Million Dollars of Products and Services from existing U.S.Communities
Contracts.
1.4.5 Marketing Support
U. S. Communities provides marketing support for each Supplier's Products
through the following:
• National Sponsors as referenced above.
• State Associations of Counties, Schools and Municipal Leagues.
• Administrative and marketing personnel that directly promote the U.S.
Communities Suppliers to Participating Public Agencies through public
agency meetings, direct mail, email, online and print advertising, social
media, articles, and exhibiting and presenting at national and local trade
shows.
• U.S. Communities provides Suppliers government sales training, and a
host of online marketing and sales management tools to effectively
increase sales through U.S.Communities.
1.4.6 Multiple Awards
Multiple awards may be issued as a result of the solicitation. Multiple Awards
will ensure that any ensuing Master Agreements fulfill current and future
requirements of the diverse and large number of Participating Public Agencies.
The City of Charlotte reserves the right to award the Contract locally and/or
nationally in the aggregate,by section,multiple award,primary,secondary,
and tertiary,whichever is in the best interest of the City of Charlotte and
Participating Public Agencies as a result of this solicitation.
1.4.7 Evaluation of Proposals
Proposals will be evaluated by the Lead Public Agency in accordance with,and
subject to,the relevant statutes,ordinances,rules and regulations that govern
its procurement practices.
U.S. Communities Advisory Board members and other Participating Public
Agencies will assist the Lead Public Agency in evaluating proposals.The
Supplier(s) that respond(s)affirmatively meets the requirements of this
Request for Proposal and provides the best overall value will be eligible for a
Contract award. U.S.Communities reserves the right to make available or not
make available Master Agreements awarded by a Lead Public Agency to
Participating Public Agencies.
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Section 1
U.S. Communities Overview and Requirements
SUPPLIER QUALIFICATIONS
1.5 SUPPLIERS
1.5.1 Commitments
U.S.Communities views the relationship with an awarded Supplier as an
opportunity to provide maximum benefit to both the Participating Public
Agencies and to the Supplier.
The successful foundation of the partnership requires commitments from both
U.S.Communities and the Supplier. U.S.Communities requires the Supplier to
make the four commitments set forth below(Corporate,Pricing,Economy,and
Sales)to ensure that Supplier is providing the highest level of public benefit to
Participating Public Agencies:
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement shall,
at all times,be Supplier's primary Contractual offering of Products and
Services to Public Agencies.All of Supplier's direct and indirect
marketing and sales efforts to Public Agencies shall demonstrate that the
Master Agreement is Supplier's primary offering and not just one of
Supplier's Contract options.
(ii) Supplier's sales force(including inside,direct and/or authorized
dealers,distributors and representatives) shall always present the Master
Agreement when marketing Products or Services to Public Agencies.
(iii) Supplier shall advise all Public Agencies that are existing
customers of Supplier as to the pricing and other value offered through
the Master Agreement.
(iv) Upon authorization by a Public Agency,Supplier shall transition
such Public Agency to the pricing, terms and conditions of the Master
Agreement.
(v) Supplier shall ensure that the U.S. Communities program and the
Master Agreement are actively supported by Supplier's senior executive
management.
(vi) Supplier shall provide a national/senior management level
representative with the authority and responsibility to ensure that the
Supplier's Commitments are maintained at all times. Supplier shall also
designate a lead referral contact person who shall be responsible for
receiving communications from U.S.Communities concerning new
Participating Public Agency registrations and for ensuring timely follow-
up by Supplier's staff to requests for contact from Participating Public
Agencies. Supplier shall also provide the personnel necessary to
implement and support a supplier-based Internet web page dedicated to
Supplier's U.S.Communities program and linked to U.S.Communities'
website and shall implement and support such web page.
(vii) Supplier shall demonstrate in its procurement solicitation
response and throughout the term of the Master Agreement that
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U.S. Communities Overview and Requirements
national/senior management fully supports the U.S.Communities
program and its commitments and requirements.National/Senior
management is defined as the executive(s)with Companywide authority.
(viii) Where Supplier has an existing Contract for Products and
Services with a state, Supplier shall notify the state of the Master
Agreement and transition the state to the pricing, terms and conditions of
the Master Agreement upon the state's request. Regardless of whether
the state decides to transition to the Master Agreement, Supplier shall
primarily offer the Master Agreement to all Public Agencies located
within the state.
(hl Pricing Commitment.
(i) Supplier represents to U.S.Communities that the pricing offered
under the Master Agreement is the lowest overall available pricing(net
to purchaser)on Products and Services that it offers to Public Agencies.
Supplier's pricing shall be evaluated on either an overall project basis or
the Public Agency's actual usage for more frequently purchased Products
and Services.
(ii) Contracts Offering Lower Prices. If a pre-existing Contract
and/or a Public Agency's unique buying pattern provide one or more
Public Agencies a lower price than that offered under the Master
Agreement, Supplier shall match that lower pricing under the Master
Agreement and inform the eligible Public Agencies that the lower pricing
is available under the Master Agreement. If an eligible Public Agency
requests to be transitioned to the Master Agreement,Supplier shall do so
and report the Public Agency's purchases made under the Master
Agreement going forward.The price match only applies to the eligible
Public Agencies. Below are three examples of Supplier's obligation to
match the pricing under Supplier's Contracts offering lower prices.
(A) Supplier holds a state Contract with lower pricing that is
available to all Public Agencies within the state.
Supplier would be required to match the lower state
pricing under the Master Agreement and make it
available to all Public Agencies within the state.
(B) Supplier holds a regional cooperative Contract with
lower pricing that is available only to the ten cooperative
members. Supplier would be required to match the lower
cooperative pricing under the Master Agreement and
make it available to the ten cooperative members.
(C) Supplier holds a Contract with an individual Public
Agency.The Public Agency Contract does not contain
any cooperative language and therefore other Public
Agencies are not eligible to utilize the Contract. Supplier
would be required to match the lower pricing under the
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Section 1
U.S. Communities Overview and Requirements
Master Agreement and make it available only to the
individual Public Agency.
(iii) Deviating Buying Patterns. Occasionally U.S. Communities and
Supplier may interact with a Public Agency that has a buying pattern or
terms and conditions that considerably deviate from the normal Public
Agency buying pattern and terms and conditions,and causes Supplier's
pricing under the Master Agreement to be higher than an alternative
Contract held by Supplier.This could be created by a unique end-user
preference or requirements. In the event that this situation occurs,
Supplier may address the issue by lowering the price under the Master
Agreement on the item(s)causing the large deviation for that Public
Agency. Supplier would not be required to lower the price for other
Public Agencies.
(iv) Supplier's Options in Responding to a Third Party Procurement
Solicitation. While it is the objective of U.S.Communities to encourage
Public Agencies to piggyback on to the Master Agreement rather than
issue their own procurement solicitations, U.S.Communities recognizes
that for various reasons some Public Agencies will issue their own
solicitations. The following options are available to Supplier when
responding to a Public Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement
available to the Public Agency as a comparison to its
solicitation responses.
(B) Supplier may respond with the pricing,terms and
conditions of the Master Agreement. If Supplier is
awarded the Contract, the sales would be reported as
sales under the Master Agreement.
(C) If competitive conditions require pricing lower than the
standard Master Agreement pricing, Supplier may
submit lower pricing through the Master Agreement. If
Supplier is awarded the Contract,the sales would be
reported as sales under the Master Agreement. Supplier
would not be required to extend the lower price to other
Public Agencies.
(D) Supplier may respond to the procurement solicitation
with pricing that is higher(net to buyer) than the pricing
offered under the Master Agreement. If awarded a
Contract, Supplier shall still be bound by all obligations
set forth in this Section 3.3,including,without
limitation,the requirement to continue to advise the
awarding Public Agency of the pricing,terms and
conditions of the Master Agreement.
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Section 1
U.S. Communities Overview and Requirements
(E) Supplier may respond to the procurement solicitation
with pricing that is higher(net to buyer)than the pricing
offered under the Master Agreement and if an alternative
response is permitted, Supplier may offer the pricing
under the Master Agreement as an alternative for
consideration.
(c) Economy Commitment. Supplier shall demonstrate the benefits,
including the pricing advantage,of the Master Agreement over alternative
options,including competitive solicitation pricing and shall proactively offer the
terms and pricing under the Master Agreement to Public Agencies as a more
effective alternative to the cost and time associated with such alternate Proposals
and solicitations.
(d) Sales Commitment. Supplier shall market the Master Agreement
through Supplier's sales force or dealer network that is properly trained,engaged
and committed to offering the Master Agreement as Supplier's primary offering
to Public Agencies. Supplier's sales force compensation and incentives shall be
greater than or equal to the compensation and incentives earned under other
Contracts to Public Agencies.
(i) Supplier Sales. Supplier shall be responsible for proactive sales of
Supplier's Products and Services to Public Agencies and the timely
follow-up to sales leads identified by U.S. Communities. Use of product
listings,targeted advertising,direct mail,online marketing and other
sales initiatives are encouraged. All of Supplier's sales materials targeted
towards Public Agencies shall include the U.S. Communities logo. U.S.
Communities hereby grants to Supplier,during the term of this
Agreement,a non-exclusive,revocable,non-transferable,license to use
the U.S.Communities name,trademark,and logo solely to perform its
obligations under this Agreement,and for no other purpose. Any
goodwill,rights,or benefits derived from Supplier's use of the U.S.
Communities name,trademark,or logo shall inure to the benefit of U.S.
Communities.U.S. Communities shall provide Supplier with its logo and
the standards to be employed in the use of the logo. During the term of
the Agreement,the Supplier shall provide U.S.Communities with its
logo and the standards to be employed in the use of the logo for purposes
of reproducing and using Supplier's name and logo in connection with
the advertising,marketing and promotion of the Master Agreement to
Public Agencies. Supplier shall assist U.S. Communities by providing
camera-ready logos and by participating in related trade shows and
conferences.At a minimum, Supplier's sales initiatives shall
communicate that(i)the Master Agreement was competitively solicited
by the Lead Public Agency,(ii)the Master Agreement provides the
Supplier's best overall pricing and value to eligible agencies,(iii)there is
no cost to Participating Public Agencies,and(iv)the Master Agreement
is a non-exclusive Contract.
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Section 1
U.S. Communities Overview and Requirements
(ii) Branding and Logo Compliance. Supplier shall be responsible for
complying with the U.S.Communities branding and logo standards and
guidelines. Prior to use by Supplier,all U.S.Communities related
marketing material must be submitted to U.S.Communities for review
and approval.
(iii) Sales Force Training. Supplier shall train its national sales force on the
Master Agreement and U.S. Communities program. U.S.Communities
shall be available to train on a national,regional or local level and
generally assist with the education of sales personnel.
(iv) Participating Public Agency Access. Supplier shall establish the
following communication links to facilitate customer access and
communication:
(A) A dedicated U.S. Communities interne web-based
homepage that is accessible from Supplier's homepage or main
menu navigation containing:
(1) U.S. Communities standard logo with Founding Co-
Sponsors logos;
(2) Copy of original procurement solicitation;
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S.Communities' online
registration page; and
(6) Other promotional material as requested by U.S.
Communities.
(B) A dedicated toll-free national hotline for inquiries
regarding U.S.Communities.
(C) A dedicated email address for general inquiries in the
following format: uscommunities@(name of supplier).com.
(v) Electronic Registration. Supplier shall be responsible for ensuring that
each Public Agency has completed U.S. Communities' online
registration process prior to processing the Public Agency's first sales
order.
(vi) Supplier's Performance Review.Upon request by U.S.Communities,
Supplier shall participate in a performance review meeting with U.S.
Communities to evaluate Supplier's performance of the covenants set
forth in this Agreement.
(vii) Supplier Content. Supplier may,from time to time,provide certain
graphics,media,and other content to U.S. Communities(collectively
"Suoulier Content")for use on U.S.Communities websites and for
general marketing and publicity purposes. During the term of the
Agreement, Supplier hereby grants to U.S. Communities and its affiliates
a non-exclusive,worldwide,free,transferrable,license to reproduce,
modify,distribute,publically perform,publically display,and use
RFP#269-2017-028 Playground Equipment 9
Section 1
U.S. Communities Overview and Requirements
Supplier Content in connection with U.S. Communities websites and for
general marketing and publicity purposes, with the right to sublicense
each and every such right. Supplier warrants that: (a) Supplier is the
owner of or otherwise has the unrestricted right to grant the rights in and
to Supplier Content as contemplated hereunder;and(b)the use of
Supplier Content and any other materials or Services provided to U.S.
Communities as contemplated hereunder will not violate,infringe,or
misappropriate the intellectual property rights or other rights of any third
party.
1.6 U.S.COMMUNITIES ADMINISTRATION AGREEMENT INFORMATION
The Agreement outlines the Supplier's general duties and responsibilities in
implementing the U.S. Communities Contract.
The Supplier is required to execute the U.S. Communities Administration Agreement
unaltered(included in Section Seven)and submit with the supplier's proposal
without exception or alteration. Failure to do so will result in disqualification.
RFP#269-2017-028 Playground Equipment 10
Section 1
U.S. Communities Overview and Requirements
Target
.,,��,• ,
New Supplier Implementation Checklist Completion
After Award
1. First Conference Call One Week
Initial Kick Off Call to discuss expectations
Set Contract Launch Date&Outline Kick Off Plan
Establish initial contact people&roles/responsibilities
Supplier Log-In Credentials established
Set Agency Webinar Dates
2. Executed Legal Documents One Week
U.S.Communities Admin Agreement
Lead Public Agency agreement signed
3. Program Contact Requirements One Week
Supplier contacts communicated to U.S.Communities Staff
Dedicated email
Dedicated toll free number
4. Second Conference Call Two Weeks
Establish Sales Training Webinar Dates
Complete Supplier Set Up Form
Complete User Account and User ID Form
Identify Dates for Senior Management Meeting
Review Contract Commitments
5. Marketing Kick Off Call Two Weeks
Overview of Marketing Requirements
Establish Timeline for Marketing Deliverables
Set Weekly Marketing Call
Discuss Agency Webinar Slides&Set Timeframe for Deliverables _
6. Initial NAM&Staff Training Meetings Three Weeks
Discuss expectations,roles&responsibilities
Introduce and review web-based tools
Review process & expectations of Lead Referral contact with NAM &
identified LRC
7. Senior Management Meeting Four Weeks
Implementation Process Progress Report
U.S.Communities&Vendor Organizational Overview
Supplier Manager to review&further discuss commitments
8. Review Top Joint Target Opportunities Five Weeks
Top 10 Local Contracts
Review top U.S.Communities PPA's
9. Web Development
Initiate E-Commerce Conversation Two Weeks
Product Upload to U.S.Communities site Five Weeks
10. Sales Training&Roll Out
Program Manager briefing-Coordinate with NAM Five Weeks
Initial remote WebEx training for all sales-Coordinate with NAM Three Weeks
Initiate contact with Advisory Board(AB)members Six Weeks
Determine PM&Local Metro teams strategy sessions Six Weeks
11. Marketing—see marketing deliverables checklist as reviewed with
marketing contact Eight Weeks
12. Agency Webinars Post launch
RFP 4269-2017-028 Playground Equipment 11
Section 2
Introduction and General Information
2. INTRODUCTION.
2.1 Objective.
The objective of this RFP is to solicit Proposals that will enable the City and
Participating Public Agencies ("PPA") to determine which Company and Proposed
Solution will best meet the City's needs for providing the Products and Services as
requested in this RFP.
2.2 Definitions.
As used in this REP, the following terms shall have the meanings set forth below:
Acceptance: Refers to receipt and approval by the City of a Deliverable or
Service in accordance with the acceptance process and
criteria in the Contract.
Affiliates: Refers to all departments or units of the City and all other
governmental units, boards,committees or municipalities for
which the City processes data or performs Services.
Biodegradable: Refers to the ability of an item to be decomposed by bacteria
or other living organisms.
Charlotte Business Refers to the Charlotte Business Inclusion office of the City
Inclusion (CBI): of Charlotte.
Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined
Statistical Area(CSA): Statistical Area consisting of; (a)the North Carolina counties
of Anson, Cabarrus, Cleveland, Gaston, Iredell, Lincoln,
Mecklenburg, Rowan, Stanly, and Union; and (b) the South
Carolina counties of Chester, Lancaster, and York; a criteria
used by Charlotte Business INClusion to determine
eligibility to participate in the program.
City: Refers to the City of Charlotte,North Carolina.
Company: During the solicitation process, refers to a company that has
interest in providing the Services. After the solicitation
process, refers to a company that has been selected by the
City to provide the Services.
Company Project Refers to a specified Company employee representing the
Manager: best interests of the Company for this Project.
Contract: Refers to a written agreement executed by the City and
Company for all or part of the Services.
Deliverables: Refers to all tasks, reports, information, designs, plans, and
other items that the Company is required to deliver to the
City in connection with the Contract.
Documentation: Refers to all written, electronic, or recorded works that
describe the use, functions, features, or purpose of the
Deliverables or Services or any component thereof, and
which are provided to the City by the Company or its
subcontractors, including without limitation all end user
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Section 2
Introduction and General Information
manuals, training manuals, guides, program listings, data
models,flow charts,and logic diagrams.
Environmentally Refers to Products that have a lesser or reduced effect on
Preferable Products: human health and the environment when compared with
competing Products that serves the same purpose. This
comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse,
operation,maintenance,or disposal of the product.
Evaluation Committee: Refers to a City and U.S. Communities appointed
Committee that will evaluate Proposals and identify the
Company(-ies) best meeting the needs of the City and
Participating Public Agencies.
Lead Public Agency: Refers to the City of Charlotte,North Carolina
Master Agreement: Refers to the Agreement that is made available by the Lead
Public Agency after the successful completion of the
competitive solicitation and selection process, wherein
Participating Public Agencies may utilize the agreement to
purchase Products and Services.
Minority Business
Enterprise/MBE: Refers to a business enterprise that: (a) is certified by the
State of North Carolina as a Historically Underutilized
Business (HUB) within the meaning of N.C. Gen. Stat. §
143-128.4; (b) is at least fifty-one percent (51%) owned by
one or more persons who are members of one of the
following groups: African American or Black, Hispanic,
Asian, Native American or American Indian; and (c) is
headquartered in the Charlotte Combined Statistical Area.
MWSBE: Refers to SBEs,MBEs and WBEs,collectively.
MWSBE Goal: If an RFP or Contract has separate Subcontracting Goals for
MBEs, WBEs, and/or SBEs, the term MWSBE is a
shorthand way to refer collectively to all MBE, WBE, and
SBE Goals set for the RFP. In some instances,the City may
set one combined goal for MBEs, WBEs, and/or SBEs, in
which event the term MWSBE Goal refers to that one,
combined goal. In the latter instance, calculated as a
percentage, the MWSBE Goal represents the total dollars
spent with MBEs, WBEs, and SBEs as a portion of the total
Proposal amount,including any contingency.
Participating Public
Agency: Refers to all states, local governments, school districts, and
higher education institutions in the United States of
American, and other governmental agencies and nonprofit
organizations that elect to purchase Products and Services
under the Master Agreement.
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Introduction and General Information
Post-Consumer Refers to material and by-Products which have served their
Recycled Material: intended end-use by a consumer and have been recovered or
diverted from solid waste. It does not include those materials
and by-Products generated from, and commonly reused
within, an original manufacturing process.
Products: Refers to all Products that the Company agrees to provide to
the City as part of its Proposal.
Proposal: Refers to the proposal submitted by a Company for the
Products and Services as outlined in this RFP.
Recyclahility: Refers to Products or materials that can be collected,
separated or otherwise recovered from the solid waste stream
for reuse, or used in the manufacture or assembly of another
package or product, through an established recycling
program. For Products that are made of both recyclable and
non-recyclable components, the recyclable claim should be
adequately qualified to avoid consumer deception about
which portions or components are recyclable.
Recycled Material: Refers to material and by-Products which have been
recovered or diverted from solid waste for the purpose of
recycling. It does not include those materials and by-
Products generated from, and commonly reused within, an
original manufacturing process.
Services: Refers to the Playground Equipment, Outdoor Fitness
Equipment, Surfacing, Site Accessories and Related
Products and Services as requested in this RFP.
Small Business Refers to a business enterprise that is certified by the City of
Enterprise/SBE: Charlotte under Part E of the CBI Policy as meeting all of
the requirements for SBE certification.
Specifications and Refers to all definitions,descriptions,requirements,criteria,
Requirements: warranties, and performance standards relating to the
Deliverables and Services that are set forth or referenced in:
(i) this RFP, including any addenda; (ii) the Documentation;
and (iii) any functional and/or technical specifications that
are published or provided by the Company or its licensors or
suppliers from time to time with respect to all or any part of
the Deliverables or Services.
Subcontracting Goals: Refers to the SBE, MBE, WBE, and MWSBE Goals
established by the City for an RFP and resulting Contract.
Women Business Refers to a business enterprise that: (a) is certified by the
Enterprise(WBE): State of North Carolina as a Historically Underutilized
Business (HUB) within the meaning of N.C. Gen. Stat. §
143-128.4; (b) is at least fifty-one percent (51%) owned by
one or more persons who are female; and (c) is
headquartered in the Charlotte Combined Statistical Area.
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Introduction and General Information
Work Product: Refers to the Deliverables and all other programs,
algorithms, reports, information, designs, plans and other
items developed by the Company in connection with this
RFP, and all partial, intermediate or preliminary versions of
any of the foregoing.
2.3 Accuracy of RFP and Related Documents.
Each Company must independently evaluate all information provided by the City.
The City makes no representations or warranties regarding any information presented
in this RFP, or otherwise made available during this procurement process, and
assumes no responsibility for conclusions or interpretations derived from such
information. In addition, the City will not be bound by or be responsible for any
explanation or conclusions regarding this RFP or any related documents other than
those provided by an addendum issued by the City. Companies may not rely on any
oral statement by the City or its agents,advisors,or consultants.
If a Company identifies potential errors or omissions in this RFP or any other related
documents, the Company should immediately notify the City of such potential
discrepancy in writing.The City may issue a written addendum if the City determines
clarification necessary. Each Company requesting an interpretation will be
responsible for delivering such requests to the City's designated representative as
directed in this RFP Section 3.3.
2.4 City's Rights and Options.
The City reserves the right, at the City's sole discretion, to take any action affecting
this RFP,this RFP process,or the Services or facilities subject to this RFP that would
be in the best interests of the City,including:
2.4.1 To supplement, amend, substitute, or otherwise modify this RFP, including
the schedule,or to cancel this RFP,at any time;
2.4.2 To require any Companies to supplement or clarify its Proposal or provide
additional information relating to its Proposals;
2.4.3 To investigate the qualifications, experience, capabilities, and financial
standing of each Company submitting a Proposal;
2.4.4 To waive any defect or irregularity in any Proposal received;
2.4.5 To reject any or all Proposals;
2.4.6 To share the Proposals with City employees and contractors in addition to the
Evaluation Committee as deemed necessary by the City;
2.4.7 To award all, none, or any part of the Services and enter into Contracts with
one or more of the responding Companies deemed by the City to be in the
best interest of the City,which may be done with or without re-solicitation;
2.4.8 To discuss and negotiate with any Company(-ies) their Proposal terms and
conditions,including but not limited to financial terms;and
2.4.9 To terminate discussions and negotiations with any Company at any time and
for any reason.
2.5 Expense of Submittal Preparation.
RFP##269-2017-02R Playground Equipment 15
Section 2
Introduction and General Information
The City accepts no liability, and Companies will have no actionable claims, for
reimbursement of any costs or expenses incurred in participating in this solicitation
process. This includes expenses and costs related to Proposal submission,submission
of written questions, attendance at pre-proposal meetings or evaluation interviews,
contract negotiations,or activities required for contract execution.
2.6 Proposal Conditions.
The following terms are applicable to this RFP and the Company's Proposal.
2.6.1 RFP Not An Offer.
This RFP does not constitute an offer by the City. No binding contract,
obligation to negotiate, or any other obligation shall be created on the part of
the City unless the City and the Company execute a Contract. No
recommendations or conclusions from this RFP process concerning the
Company shall constitute a right (property or otherwise) under the
Constitution of the United States or under the Constitution, case law, or
statutory law of North Carolina.
2.6.2 Trade Secrets and Personal Identification Information/Confidentiality.
Upon receipt at the Procurement Management Division, all materials
submitted by a Company (including the Proposal) are considered public
records except for (1) material that qualifies as "trade secret" information
under N.C. Gen. Stat. § 66-152 et seq. ("Trade Secrets") or (2) "personal
identification information" protected by state or federal law, to include, but
not be limited to, social security numbers, bank account numbers, and
driver's license numbers ("Personal Identification Information" or "PII").
After the Proposal due date, the Evaluation Committee, other City staff, and
members of the general public who submit public records requests may
review the Proposal.
The public disclosure of the contents of a Proposal or other materials
submitted by a Company is governed by N.C. Gen. Stat. §§ 132 and 66-152
et seq.. If any Proposal contains Trade Secrets or PII, such Trade Secrets and
PH must be specifically and clearly identified in accordance with this Section
2.6.2.
Any Trade Secrets or PII submitted by a Company must be clearly
segregated from the rest of the Proposal. For hard copy Proposals, it must be
submitted in a separate, sealed envelope, marked either "Personal
Identification Information – Confidential" or "Trade Secret—Confidential
and Proprietary Information." For electronic submissions it must also be
submitted on a separate CD or flash drive. In both hard copy or electronic
format, the confidentiality caption stated above must appear on each page of
the Trade Secret or PII materials.
By submitting a Proposal,each Company agrees that the City may reveal any
Trade Secret materials and PII contained therein to all City staff and City
officials involved in the selection process, and to any outside consultant or
other third parties who serve on the Evaluation Committee or who are hired
or appointed by the City to assist in the evaluation process.
Furthermore, each Company agrees to indemnify and hold harmless the City
and each of its officers, employees, and agents from all costs, damages, and
RFP#269-2017-028 Playground Equipment 16
Section 2
Introduction and General Information
expenses incurred in connection with refusing to disclose any material that
the Company has designated as a trade secret. The City may disqualify and
Company that designates its entire Proposal as a trade secret, or any portion
thereof that clearly does not qualify under applicable law as a Trade Secret.
2.6.3 Amendments to RFP.
If the City amends this RFP,addenda will be posted to the IPS and Charlotte
NC websites at www.ips.state.nc.us, and
http://charl ottenc.gov/DoingBusi ness/Pages/ContractOpportunities.aspx
RFP#269-2017-028. Companies are required to acknowledge receipt of each
addendum by including the Addenda Receipt Confirmation Form (Section 6,
Form 2)with their Proposals.
2.6.4 Proposal Terms Firm and Irreversible.
The signed Proposal shall be considered a firm offer on the part of the
Company. The City reserves the right to negotiate price and other terms. All
Proposal elements (including all statements, claims, declarations, prices, and
specifications) shall be considered firm and irrevocable for purposes of
future Contract negotiations unless specifically waived in writing by the City.
The Company chosen for award should be prepared to have its Proposal and
any relevant correspondence incorporated into the Contract, either in part or
in its entirety,at the City's election.
2.6.5 Proposal Binding for 180 Days.
Section 6, Form 3 contains a statement to the effect that the Proposal is a
firm offer for one-hundred-eighty(180)calendar day period from the date of
the opening. This statement must be signed by an individual authorized to
bind the Company. All prices quoted shall be firm and fixed for the full
Contract period.The City shall have the option to accept subject to exception
by Contract.
2.6.6 Charlotte Business INClusion Program.
Pursuant to Charlotte City Council's adoption of the Charlotte Business
INClusion (CBI) Policy, the CBI program promotes diversity, inclusion, and
local business opportunities in the City's contracting and procurement
process for Minority, Women, and Small Business Enterprises (MWSBEs)
headquartered in the Charlotte Combined Statistical Area (CSA). The CBI
Policy is posted at: www.charlottebusinessinclusion.com.
The City is committed to promoting opportunities for maximum participation
of certified MWSBEs on City funded contracts at both the Prime and
Subcontract level. For MWSBE participation to count towards a Goal,
MWSBEs must meet both the certification and geographic requirements as
detailed throughout this solicitation and in the CBI Policy.
2.6.7 Subcontracting.
The Company given contract award shall be the prime contractor and shall be
solely responsible for contractual performance. In the event of a
subcontracting relationship, the Company shall remain the prime contractor
and will assume all responsibility for the performance of the Services that are
supplied by all subcontractors. The City retains the right to approve all
subcontractors.
RFP#269-2017-028 Playground Equipment 17
Section 2
Introduction and General Information
2.6.8 Equal Opportunity.
The City has an equal opportunity purchasing policy. The City seeks to
ensure that all segments of the business community have access to supplying
the goods and Services needed by City programs. The City provides equal
opportunity for all businesses and does not discriminate against any
Companies regardless of race,color, religion, age,sex,and national origin or
disability.
2.6.9 Use of City's Name.
No advertising, sales promotion, or other materials of the Company or its
agents or representatives may identify or reference the City in any manner
absent the prior written consent of the City.
2.6.10 Withdrawal for Modification of Proposals.
Companies may change or withdraw a previously-submitted Proposal at any
time prior to the Proposal due date. Only formal written requests addressed in
the same manner as the Proposal and received by the City prior to the
Proposal due date will be accepted.The request must be in a sealed envelope
that is plainly marked "Modifications to Proposal." No oral modifications
will be allowed. If the Company complies with this Section, after the
Proposal due date, the Proposal, will be withdrawn or corrected in
accordance with the written request(s).
2.6.11 No Bribery.
In submitting a response to this RFP, each Company certifies that neither it,
any of its affiliates or subcontractors, nor any employees of any of the
foregoing has bribed, or attempted to bribe, an officer or employee of the
City in connection with the Contract.
2.6.12 Exceptions to the RFP.
Other than exceptions that are stated in compliance with this Section and
Section 5.1.5, each Proposal shall be deemed to agree to comply with all
terms, conditions, specifications, and requirements of this RFP including the
Sample Contract language included in Exhibit A. An "exception" is defined
as the Company's inability or unwillingness to meet a term, condition,
specification, or requirement in the manner specified in the RFP including
the Sample Contract language included as Exhibit A. All exceptions taken
must be identified and explained in writing in your Proposal and must
specifically reference the relevant section(s) of this RFP. If the Company
provides an alternate solution when taking an exception to a requirement, the
benefits of this alternative solution and impact, if any, on any part of the
remainder of the Company's solution,must be described in detail.
2.6.13 Fair Trade Certifications.
By submitting a Proposal, the Company certifies that:
• The prices in its Proposal have been arrived at independently, without
consultation, communication, or agreement with anyone, as to any
matter relating to such prices for the purpose of restricting competition;
• Unless otherwise required by law, the prices quoted in its Proposal
have not been knowingly disclosed by the Company and will not
knowingly be so disclosed prior to the Proposal due date;and
RFP#269-2017-028 Playground Equipment 18
Section 2
Introduction and General Information
■ No attempt has been made or will be made by the Company to induce
any other person or firm to submit or not to submit a Proposal for the
purpose of restricting competition.
2.6.14 Companies' Obligation to Fully Inform Themselves.
Companies or their authorized representatives must fully inform themselves
as to all conditions, requirements, and specifications of this RFP before
submitting Proposals. Failure to do so will be at the Company's own risk.
2.6.15 Environmentally Preferable Purchasing.
The City promotes the practice of Environmentally Preferable Purchasing
(EPP) in acquiring Products or Services. Applicable EPP attributes that may
be taken into consideration as environmental criterion include the following:
Recycled content Recyclability
Post-Consumer Recycled Material Biodegradability
Companies able to supply Products or Services containing any of the
applicable environmentally preferable attributes that meet performance
requirements are encouraged to offer them in the Proposal. Companies must
provide certification of environmental standards and other environmental
claims, such as recycled content and emissions data or a formal statement
signed by a senior company official.
RFP 4269-2017-025 Playground Equipment 19
Section 3
Procurement Process
3 PROCUREMENT PROCESS.
This Section 3 contains information about the procurement process for this Project.
3.1 Schedule and Process.
The following chart shows the schedule of events for the conduct of this RFP. The
key events and deadlines for this process are as follows, some of which are set forth
in more detail in the Sections that follow:
DATE EVENT
JANURARY 25, Issuance ofRFP. The City issues this RFP.
2017
FEBRUARY 1, Request for Proposals Acknowledgement. Companies that
2017 intend to submit a Proposal shall submit the RFP
Acknowledgement Form on this date to the email or fax
number listed in Section 3.3.
FEBRUARY 3, Submission of Written Questions Prior to Pre-Proposal
2017 Conference. Companies are permitted to submit written
questions, for purposes of clarifying this RFP. All
submissions must be pursuant to the instructions in Section
3.3 by 5:00 p.m.
FEBRUARY 7, Non-Mandatory Pre-Proposal Conference to be held at the
2017 location indicated in Section 3.4 at 10:00 a.m.
FEBRUARY 15, Submission of Written Questions After the Pre-Proposal
2017 Conference. Questions are due by 5:00 p.m.
MARCH 16,2017 Proposal Submission. Proposals are due by 2:00 p.m. at the
Procurement Management Division,CMGC 96 Floor.
MARCH 20,2017- Evaluation. The Evaluation Committee will assess each
APRIL 13, 2017 Proposal and conduct evaluation activities with Companies.
MAY 9,2017 Contract Award by Charlotte City Council.
JULY 1,2017 Services commence. Company begins providing the Services.
3.2 Intent to Propose.
Please acknowledge receipt of this RFP via facsimile by FEBRUARY 1, 2017 using
the Request for Proposals Acknowledgement Form located in Section 6, Form 1.
Complete the form in its entirety advising the City of your firm's intention to submit
or not submit a Proposal. Fax or email a copy of the completed and signed form to
the number or email address listed in paragraph 3.3 below, Attention: Karen Ewing.
The City strongly encourages Companies to submit this form prior to the Pre-
Proposal conference but Companies shall not be precluded from submitting a
Proposal if they fail to submit this form.
3.3 Interpretations and Addenda.
There are two (2) ways to ask questions about this RFP: (1) submit a question in
writing to the Procurement Officer at the e-mail address listed below; or (2) ask a
question at the Pre-Proposal Conference. Other than these permitted questions,
Companies should refrain from contacting City staff prior to the Proposal Due Date.
The City is not bound by any statements, representations or clarifications
regarding this RFP other than those provided in writing by the Procurement
RFP#269-2017-028 Playground Equipment 20
Section 3
Procurement Process
Officer.
Karen Ewing, Deputy Chief Procurement Officer
City of Charlotte
Procurement Management Division
600 East 4th Street,CMGC 9ih Floor
Charlotte,NC 28202
RFP#269-2017-028
Fax: 704-632-8254
E-mail:kewing@charlottenc.gov
When submitting questions, please reference the RFP page and topic number. In
order for questions to be addressed at the Pre-Proposal Conference, they must be
submitted by 5:00 p.m.on February 3,2017.
After the Pre-Proposal Conference,questions must be submitted in writing by the
deadline stated in Section 3.1. In the case of questions not submitted by the deadline,
the Procurement Officer will,based on the availability of time to research and
communicate an answer,decide whether an answer can be given before the Proposal
Due Date. When responding to Service Provider questions or issuing addenda to the
RFP,the City will post the answer or information to the Internet at
www.ips.state.nc.us,and
http://charlottenc.gov/DoingBusiness/Pages/ContractOnnortunities.aspx RFP#269-
2017-028. Companies are required to acknowledge their receipt of each addenda by
including in the Proposal a completed Addenda Receipt Confirmation Form (Section
6,Form 2).
3.4 Pre-Proposal Conference.
A Non-Mandatory Pre-Proposal Conference will be conducted on FEBRUARY 7,
2017, at 10:00 a.m. The meeting will be held at the Charlotte-Mecklenburg
Government Center (CMGC), 600 East Fourth Street, Charlotte, North Carolina
28202, 21'd Floor Conference Room#280 or via teleconference at 704-432-5488.
While attendance at the Pre-Proposal Conference is not mandatory, all interested
Companies are encouraged to attend. If special accommodations are required for
attendance, please notify Karen Ewing in advance of the conference date and time
identifying the special accommodations required.
3.5 Submission of Proposals.
Proposals must be in the format specified in Section 5 of this RFP. Ten (10)
electronic copy on individual flash drives in a searchable format such as MS Word or
Adobe Acrobat and two (2) original Proposals signed in ink by a company official
authorized to make a legal and binding offer shall be submitted to the address listed
in Section 3.3 above by MARCH 16, 2017 on or before but no later than 2:00
p.m.The original Proposal and each of the copies shall be complete and unabridged,
and shall not refer to any other copy of the signed and sealed original for any
references,clarifications,or additional information.
When received, all Proposals and supporting materials, as well as correspondence
relating to this RFP,shall become the property of the City. Proposals sent by fax or
email will not be accepted.
Due to security measures at the Charlotte-Mecklenburg Government Center
(CMGC), your sealed boxes, including any portions marked a,
RFP#269-2017-028 Playground Equipment 21
Section 3
Procurement Process
Confidential/Trade Secret, may be searched and thoroughly inspected prior to
admittance. Please allow time for this search to take place and to re-seal the box
if delivering your Proposal in person to the CMGC.
Do not arrive at the Procurement Management Division on the Proposal due date for
the purposes of reviewing your competitors' Proposals. The Proposals will not be
read aloud or made available to inspect or copy until any trade secret issues have
been resolved. All Proposals will be time-stamped upon receipt and held in a secure
place until opening.
3.6 Correction of Errors.
The person signing the Proposal must initial erasures or other corrections in the
Proposal. The Company further agrees that in the event of any obvious errors, the
City reserves the right to waive such errors in its sole discretion. The City, however,
has no obligation under any circumstances to waive such errors.
3.7 Evaluation.
As part of the evaluation process, the Evaluation Committee may engage in
discussions with one or more Company(ies). Discussions might be held with
individual Companies to determine in greater detail the Company's qualifications, to
explore with the Company the scope and nature of the required contractual Services,
to learn the Company's proposed method of performance and the relative utility of
alternative methods, and to facilitate arriving at a Contract that will be satisfactory to
the City.
The City may in its discretion require one or more Companies to make presentations
to the Evaluation Committee or appear before the City and/or its representatives for
an interview. During such interview, the Company may be required to orally and
otherwise present its Proposal and to respond in detail to any questions posed.
Additional meetings may be held to clarify issues or to address comments,as the City
deems appropriate. Companies will be notified in advance of the time and format of
such meetings.
Since the City may choose to award a Contract without engaging in discussions or
negotiations, the Proposals submitted shall state the Company's best offer for
performing the Services described in this RFP.
3.8 Proposal Evaluation Criteria.
Proposals will be evaluated based on the Company's ability to meet the performance
requirements of this RFP. This section provides a description of the evaluation
criteria that will be used to evaluate the Proposals. To be deemed responsive, it is
important for the Company to provide appropriate detail to demonstrate satisfaction
of each criterion and compliance with the performance provisions outlined in this
RFP. The Company's Proposal will be the primary source of information used in the
evaluation process. Proposals must contain information specifically related to the
proposed Products and Services as requested herein. Failure of any Company to
submit information requested may result in the elimination of the Proposal from
further evaluation.
Proposals will be assessed to determine the most comprehensive, competitive and
best value solution for the City taking into consideration as a minimum response,but
not limited to the following criteria:
1. Adherence to all requirements of this RFP.
RFP#269-2017-028 Playground Equipment 22
Section 3
Procurement Process
2. Demonstrated knowledge,background,capacity, and ability to sell,deliver,and
support all Products and Services offered and in compliance with the
requirements of this RFP.
3. Capability of meeting or exceeding current and future needs and requirements of
U.S. Communities and U.S.Communities members.
4. Qualifications and Experience; (including past performances,administration,
management capabilities).
5. Range and quality of Products and Services offerings including technological
advances,and value added related Services.
6. Proposed Approach and Proposed Solution
7. Proposed Playgrounds per Section 6,Form 4—taking into consideration
a. Design
b. Quality
c. Durability
d. Play value
e. ADA Accessibility and Inclusivity
f. Product warranty
8. Cost effectiveness and Value.
9. Overall ability to perform sales, solutions,and contract support as submitted.
10. Ability to demonstrate Products and Services that meet and/or exceed industry
standards accepted by governmental and educational agencies nationally.
11. Financial Qualifications.
12. Company Environmental Initiatives.
13. MWBE,and other factors specified in this Request for Proposals.
14. References.
3.9 Qualifications and Experience
Companies will be evaluated on the background and experience information provided
in Section 6, Form 6, and Section 7, Company Worksheet and Company Information
for National Program Consideration.
3.10 Project Approach/Proposed Solution.
Companies will be evaluated based upon their understanding, experience and
qualifications in performing the same or substantially similar Services, as reflected by
its experience in performing such Services. The evaluation will include references
regarding work for organizations with needs similar to the City's, and the feasibility of
the Company's approach for the provision of the Services.
3.11 Cost Effectiveness and Value.
Under this criterion, Proposals will be compared in terms of the most reasonable and
effective pricing options. The Evaluation Committee will also take into consideration
any indirect costs associated with the Services.
3.12 MWSBE Subcontractor Utilization.
The City maintains a strong commitment to the inclusion of MWSBEs in the City's
contracting and procurement process. For the purposes of this RFP, the City will
consider a Company's MWSBE certification and/or MWSBE subcontracting inclusion
RFP#269-2017-028 Playground Equipment 23
•
Section 3
Procurement Process
efforts. To count towards a Department MWSBE Goal, MWSBE certified Companies
and/or their MWSBE subcontractors must meet the following certification criteria prior
to Proposal submission:
• Be designated as a City certified SBE;and/or
• Be designated as a City registered MBE or WBE
MWSBE utilization is only one (1) criterion considered in the totality of all criteria
listed in this Section 3.
3.13 Acceptance of the Terms of the Contract.
The City will evaluate the Proposals for compliance with the terms, conditions,
requirements, and specifications stated in this RFP including the sample contract
language provided in Exhibit A. Regardless of exceptions taken, Companies shall
provide pricing based on the requirements and terms set forth in this RFP. Exceptions
shall be identified in accordance with Sections 2.6.12 and 5.1.5 of this RFP.
3.14 Contract Award by City Council.
As soon as practical after opening the Proposals, the name of the apparent successful
Company will be submitted to the Charlotte City Council for final approval of award. If
approved by the Council, the Procurement Management Division will provide Contract
documents to the Company. In the event the Council approval is not received within
one hundred eighty (180) calendar days after opening of the Proposals, the Company
may request that it be released from the Proposal.
3.15 Vendor Inclusion.
The City's vendor management philosophy supports a fair, open, and inclusive process
that offers the same access and information to all Companies. Although Companies are
not required to be registered in the City's vendor registration system prior to submitting
a Proposal, in order to execute a contract with the City and receive payment from the
City,all Companies must register with the City's vendor registration system.
Your registration provides the City with baseline information for your company
including location, contact and demographic information, as well as your areas of
expertise with specific commodity and/or service descriptions. You will also have the
opportunity to complete any applicable certifications if your company desires to
establish itself as an SBE, MBE, or WBE. The link below will provide you with the
opportunity to complete your registration on-line with the City.
http://charlottenc.gov/vendors
RFP#269-2017-028 Playground Equipment 24
Section 4
Scope of Services
4 SCOPE OF SERVICES.
4.1 General Scope.
The intent of this RFP is to award a Contract(s) to one or more Companies offering
and demonstrating the best overall solution that meets or exceeds the requirements of
this RFP and future various Playground Equipment, Outdoor Fitness Equipment,
Surfacing, Site Accessories and Related Products and Services needs of the City and
Participating Public Agencies.
Participating Public Agencies may have additional specific requirements that might
not be a requirement of the Lead Public Agency. The Proposer agrees to provide
additional information or documentation to Participating Public Agencies as may be
required per the Master Intergovernmental Cooperative Purchasing Agreement
(between the Lead Public Agency and the Participating Public Agency).
4.2 Product Standards and Guidelines.
It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site
Accessories, Surfacing, and Related Products and Services be in compliance with all
current and applicable Consumer Product Safety Commission (CPSC), Americans
with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and
ASTM Standards and other applicable laws and regulations in the state of North
Carolina or in accordance with the laws and applicable purchasing policies of the
State and locality where the Participating Public Agencies exists.
Manufacturers must be a member of the International Play Equipment Manufacturers
Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be
IPEMA Certified and meet all current American Society of Testing and Materials
(ASTM),Consumer Product Safety Commission(CPSC),and IPEMA standards.
4.2.1 American Society for Testing and Materials(ASTM):
ASTM-F 1487- 11 Standard Consumer Safety Performance
Specification for Playground Equipment for
Public use.
ASTM-F 1292-13 Standard Specification for Impact Attenuation of
Surface Systems within the Use Zone of
Playground Equipment.
ASTM 1951-09 Standard Specifications for Determination of
Surface Systems Under and Around Playground
Equipment.
ASTM F2049-11 Fences/Barriers for Public,Commercial,and
Multifamily Residential Use Outdoor Play
Areas.
ASTM F2075 Standard Specifications for Engineered Wood
Fiber for Use as a Playground Safety Surface
and Around Playground Equipment.
RFP it269-2017-028 Playground Equipment 25
Section 4
Scope of Services
4.2.2 Printed Handbook for Public Playground Safety(CPSC)
Equipment must meet all guidelines stated in the "Handbook for Public
Safety" published by the Consumer Product Safety Commission. Copies of
publication No. 325 may be obtained from U.S. Consumer Product Safety
Commission, Washington,DC 20207.
4.2.3 International Play Equipment Manufacturers Association(IPEMA)
IPEMA provides third-party Product Certification services for U.S. and
Canadian public play equipment and U.S. public play surfacing materials.
The services provide for the validation of a participant's certification of
conformance to the standards referenced above. Both certifications are
administered by Detroit Testing Laboratory, Inc. For more information on
certification and membership.visit 1PEMA's website at: www.ipema.org.
All equipment must be IPEMA Certified.Certification must be included
with your proposal submission.
4.3 Environmental Purchasing Requirements.
Each Manufacturer must provide documentation of their respective company's
environmental sustainability policies, measures, and initiatives with their Proposal
response per Section 2.6.15 and Section 7 - U.S. Communities Requirements of this
RFP.
4.4 New Products and Services.
New Products and Services may be added to the resulting Contract(s)during the term
of the Contract by written amendment, to the extent that those Products and Services
are within the scope of this RFP and include, but will not be limited to, new Product
added to the Manufacturer's listing offerings, and services which reflect new
technology and improved functionality. All requests are subject to review and
approval of the City of Charlotte.
4.5 Replacement Parts.
Company must stock replacement parts for a minimum of 15 years on all play
systems and provide parts within two (2) weeks (14 calendar days) from the time an
order is placed by the Participating Public Agency.
4.6 Surfacing Material.
Surfacing Material must meet all guidelines stated in the Handbook for Public
Playground Safety,and most current versions of ASTM-F1292-13, F2075-15,F3012-
14,and all other applicable ASTM standards and guidelines as certified by an
independent laboratory conforming to IPEMA safety standards as identified for the
playground industry.
4.7 Installation.
All Products provided under this Contract that require assembly and installation
should be performed by the awarded manufacturers' certified installers. Company
must provide the names and addresses of each certified installer/subcontractor by
geographical area.
RFP#1269-2017-028 Playground Equipment 26
Section 4
Scope of Services
All work must be performed according to the standards established by the terms,
specifications, drawings, and construction notes for each project, and meet
manufacturer's specifications and industry standards. It shall be the obligation of the
Installer to obtain clarification from the Project Coordinator concerning questions or
conflicts in the specifications,drawings and construction notes in a timely manner as
to not delay the progress of the work.
4.8 Design.
Companies must have the capability to recommend and design appropriate play
systems/structures to fit the need of the site for age groups to be determined by
Participating Public Agency. Company must provide drawings (plan and elevation)
of all pertinent aspects of the play equipment and its method of connection to the
work. Final playground layout drawings shall be to scale and legible and must show
location of play equipment and dimensions of use zones. All designs shall indicate
ADA accessible routes,and percentage of ADA accessible components.
4.9 Project Management.
Companies must have the ability to provide project management services to
help Participating Agencies complete their projects on-time and within
budget.
4.10 Safety.
All Companies and installers or subcontractors performing services for Charlotte-
Mecklenburg are required and shall comply with all Occupational Safety and Health
Administration (OSHA), State and County Safety and Occupational Health Standards
and any other applicable rules and regulations. The Company and subcontractors
shall be held responsible for the safety of their employees and any unsafe acts or
conditions that may cause injury or damage to any persons or property within and
around the work site area under this contract.
4.11 Literature and Catalogs.
The successful Companies will be required to furnish and/or update all price lists,
listings, color charts and other literature as requested within fifteen (15) days after
notification of award. All catalogs may be electronic versions.
4.12 Warranty.
Proposals should address each of the following:
1. Applicable warranty and/or guarantees of equipment and installations
including any conditions and response time for repair and/or replacement of
any components during the warranty period.
2. Warranty period start date. The City desires the warranty start at the time of
substantial completion.
3. Availability of replacement parts.
4. Life expectancy of equipment under normal use.
5. Detailed information as to proposed return policy on all equipment.
4.13 Lead Time and Delivery.
1. Company must provide a four(4) week lead time on standard product, unlimited
configurations, with no up charge.
2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m.,
local time, on regular business days unless other arrangements have been made.
RFP#269-2017-028 Playground Equipment 27
Section 4
Scope of Services
Delivery location shall be stated on each purchase order issued by Participating
Agencies.
3. The Company will ensure that all items are delivered fully assembled or
assembled by vendor or its designated subcontractor on site as may be designated
by the Participating Public Agency. The Company will assure that all items are
packed in accordance with prevailing commercial practices and delivered and
assembled and installed in the first class condition.
4. When the purchase order calls for delivery to a specific location(other than door
delivery) the vendor will deliver in accordance with the delivery instructions
provided by the Participating Public Agency and shall perform inside delivery,
assembly, set in place in proper location, make ready for use and remove all
debris.
5. The Company shall authorize immediate replacement of any item that has been
damaged in transit.
6. If deliveries are required in the evenings or weekends, or designated holidays,
special installation charges will be negotiated. It is expected that the pricing will
be fair and reasonable based upon specific requirements.
4.14 Optional Work.
Company will be required to provide quotations on a case-by-case basis for optional
related work such as, but not limited to, removal and/or reinstallation of Playground
& Fitness Equipment, timbers, and fencing as may be required to provide a full
turnkey solution to Participating Public Agencies.
4.15 Material Specifications.
Equipment material specifications may vary between cities, counties, schools and
states. Each Participating Entity will provide required specifications to include, but
not be limited to, acceptable material, finish, diameters, thickness, gage, and angles
of all components when placing orders or as necessary.
4.16 Additional Requirements.
Successful Companies may be required and agrees to comply with additional state,or
local laws and policies of the individual Participating Public Agencies.
4.17 Performance Bond.
Successful Companies may be required to provide a performance bond as required by
Participating Public Agencies for each project as required by local or state laws and
policies.
4.18 Reports.
Successful Companies must maintain all records in compliance with federal and state
regulations. A statistical report and an annual tabulated report must be submitted
electronically to the Lead Public Agency upon request.
4.19 Pricing.
4.19.1 Companies must submit a cost proposal fully supported by data adequate to
establish the reasonableness of the proposed fee. One (1) firm fixed
percentage discount off of a verifiable list price for each category(defined in
RFP#269-2017-028 Playground Equipment 28
Section 4
Scone of Services
Section 1.3): 1) Playground Equipment (including components,replacement
parts); 2) Outdoor Fitness Equipment: 3) Site Accessories; 4) Surfacing
Materials; and 5) all other related Products (Shade Structures, Skate Parks,
and other categorized Products);and 6) Services offered by the Company,for
the life of the contract is preferred.
Prices must include manufacturer mark up, profit, item cost and storage to
allow each customer the ability to calculate and verify discount. All
manufacturer price lists must be identified in the Proposal response.
Proposals must include an itemized list of any Products and Services that the
Company intends to include in the Master Agreement and assume
responsibility for as prime contractor, but are offered by the individual
authorized distributors and not included in the Company's catalog. The list
must identify the distributors name and location that offers each product and
service included. The successful Company shall be the prime contractor and
remain solely responsible for contractual performance, and reporting, per
Section 2.6.7 of this RFP for any Products and Services offered by the
authorized distributor.
Proposals shall not include Products and Services the Company does not
intend to offer,or take responsibility for, as prime contractor.
4.19.2 Volume Discounts: Please include any volume discounts offered to the Lead
Public Agency and Participating Public Agencies.
4.19.3 Rebates: Please include any rebates offered to Lead Public Agency and
Participating Public Agencies..
4.19.4 Product,Design and Price Comparison.
For comparison purposes only, the Company must provide the following
information for the three (3) sample playground designs included in Section
6,Form 4:
1. Cost breakdown of all components using proposed discounts and list
prices;
2. Manufacturer Price List ID
3. Three dimensional drawings
4. Number of kids that can use the playground;
5. Total number of play components:
• Number of ground level components
• Number of accessible ground level components
• Number of elevated components
• Number of accessible elevated components
6. Play Structure Size
7. Deck Sizes
8. Diameter of Uprights
9. Color options
10. Minimum time needed from date of design to delivery of equipment.
RFP#269-2017-028 Playground Equipment 29
•
Section 4
Scope of Services
4.19.5 Installation.
Proposal responses must include a defined installation fee program. If a
percentage of total dollar amounts of each order are proposed, the Company
must submit one (1) fixed percentage for all installation services for all
Participating Public Agencies, regardless of location, for the life of the
contract.
4.19.6 Shipping and Delivery.
Companies must include a defined shipping program with their Proposal
responses. If shipping is charged separately, only the actual cost of the
freight may be added to an invoice. Shipping charges calculated as a
percentage of the product price cannot be used.
1. Unless specifically stated otherwise in the "Shipping Program" included
in the Company's Proposal response, all prices quoted must be F.Q.B.
destination with freight prepaid by the Company.
2. Additional costs for expedited deliveries may be added.
3. Selection of a carrier for shipment will be the option of the Participating
Public Agency paying for said shipping.
4.20 Price Adjustments.
All proposed pricing shall remain firm for the first year of the subsequent Contract
(through June 30, 2018). Companies may request price increases for consideration at
least sixty(60) days prior to each anniversary of the Contract effective date. All requests
must be submitted in writing to City of Charlotte Procurement Management along with
documentation of bona fide materials and labor increases for the cost of Products. No
adjustments shall be made to compensate a Company for inefficiency in operation or for
additional profit. Price decreases shall be accepted at any time during the term of the
contract.
4.21 References.
Proposals must include a minimum of five (5) customer references (see Section 6, Form
7)that Company has provided products and services similar to those outlined in this RFP.
4.22 Prevailing Wages.
Company must comply with the prevailing wage requirements of each state. Please
include any exceptions to this requirement in your proposal response, per Section 2.6.12
of this RFP.
RFP#269-2017-028 Playground Equipment 30
Section 5
Proposal Content and Format
5 PROPOSAL CONTENT AND FORMAT.
The City desires all Proposals to be identical in format in order to facilitate comparison.
While the City's format may represent departure from the Company's preference, the City
requires strict adherence to the format. The Proposal will be in the format described in the
Checklist included at the front of this RFP(page i).
The City encourages Proposals to be compatible with the City's waste reduction goals and
policies. Therefore, it is desired that all responses meet the following requirements:
• All Proposals be printed 8 1/2"x 11" format with all standard text no smaller than eleven
(11)points;
• All copies be printed double-sided;
• All copies be printed on recycled paper (at least 30% post-consumer recovered material
and at least 30%total recovered material);
• Unless necessary, all Proposal originals and copies should minimize or eliminate use of
non-recyclable or non-reusable materials such as 3-ring binders, plastic report covers,
plastic dividers, vinyl sleeves,and GBC binding.Glued materials,paper clips,and staples
are acceptable;and
• Materials must be submitted in a format that allows for easy removal and recycling.
Proposals must also include ten (10) flash drives including the entire Proposal in a
searchable format such as MS Word or Adobe Acrobat.
5.1.1 Cover Letter.
The Proposal must include a letter of transmittal attesting to its accuracy, signed by
an individual authorized to execute binding legal documents. The cover letter shall
provide the name, address, telephone and facsimile numbers of the Company along
with the name, title, address, email address, telephone and facsimile numbers of the
executive that has the authority to contract with the City. The cover letter shall
present the Company's understanding of the Project and a summary of the approach
to perform the Services.
5.1.2 Executive Summary.
The Company shall submit an executive summary, which outlines its Proposal,
including the proposed general management philosophy. The executive summary
shall, at a minimum, include an identification of the proposed project team,
responsibilities of the project team, and a summary of the proposed Services. This
section should highlight aspects of this Proposal, which make it superior or unique.
5.1.3 Required Forms and Certifications.
To be deemed responsive to this RFP, Companies must complete, in detail, all
Proposal Forms included in Section 6,and all certifications requested in Section 4.
5.1.4 U.S. Communities Requirements.
To be deemed responsive to this RFP,Companies must complete, in detail,all
requested information in Section 7.
5.1.5 Exceptions to the RFP.
Exceptions must be submitted in accordance with Section 2.6.12 of this RFP. If
exceptions are not identified in your Proposal they may not be considered during
Contract negotiation and could result in Proposal being rejected from further
RFP#269-2017-028 Playground Equipment 31
Section 5
Proposal Content and Format
consideration. If legal counsel needs to review the Sample City Contract prior to
signature,reviews must be completed before your Proposal is submitted.
The City intends to enter into a City-drafted Contract with the successful Company
that contains the terms and conditions set forth in Exhibit A("Sample Terms"). The
number and extent of any exceptions and proposed additions to the Sample Terms
will be one of the City's evaluation criteria.
Accordingly, each Company must state specifically in its Proposal any exceptions to
the Sample Terms, or any such exceptions will be waived. Any Company-proposed
additional terms or conditions must also be included in the Proposal, and the City
reserves the right to refuse consideration of any terms not so included. Any proposed
changes to the Sample Terms after tentative contract award may constitute a material
change to the Company's Proposal and be grounds for revoking the award.
Notwithstanding the foregoing, the City reserves the right to modify the Sample
Terms prior to or during contract negotiations if it is in the City's best interest to do
so.
RFP#269-2017-028 Playground Equipment 32
Section 6
Required Forms
REQUIRED FORM 1 - RFP ACKNOWLEDGEMENT
Request For Proposal#269-2017-028
Playground Equipment,Outdoor Fitness Equipment, Site Accessories,Surfacing, and Related
Products and Services
The Company hereby certifies receipt of the Request for Proposals for the City of Charlotte,
North Carolina RFP #269-2017-028, Playground Equipment, Outdoor Fitness Equipment, Site
Accessories, Surfacing, and Related Products and Services. This form should be completed upon
receipt of the City's Request for Proposals and faxed in time for the City to receive it by or before
FEBRUARY 1, 2017. Failure to submit this form by the designated date shall not preclude the
Company from submitting a proposal. Please fax or email the completed Request for Proposals
Acknowledgement Form to the attention of:
Karen Ewing
Deputy Chief Procurement Officer
Procurement Management
Fax: 704.632.8254
Email: kewing@charlottenc.gov
Date:
Authorized Signature:
Title:
Company Name:
Contact Name:
Contact E-mail address:
Please check the appropriate space below and provide the requested information:
We plan to attend the Pre-Proposal Conference and Alan on submitting a Proposal
Indicate number of attendees:
_We do not plan to attend the Pre-Proposal Conference but Alan on submitting a
Proposal
Reason:
We do not plan to attend the Pre-Proposal Conference and do not plan on submitting
a Proposal
Reason:
RFP#269-2017-028 Playground Equipment 33
Section 6
Required Forms
REQUIRED FORM 2-ADDENDA RECEIPT CONFIRMATION
RFP#269-2017-028
Playground Equipment,Outdoor Fitness Equipment,Site Accessories, Surfacing,and Related
Products and Services
Please acknowledge receipt of all addenda by including this form with your Proposal. All
addenda will be posted to the NC IPS website at www.ips.state.nc.us and
http://charlottenc.gov/DoingBusiness/Pages/ContractOpnortunities.aspx.
ADDENDUM #: DATE ADDENDUM
DOWNLOADED:
I certify that this proposal complies with the Specifications and conditions issued by the City
except as clearly marked in the attached copy.
(Please Print Name) Date
Authorized Signature
Title
Company Name
RFP#264-2017-028 Playground Equipment 34
Section 6
Required Forms
REQUIRED FORM 3-PROPOSAL SUBMISSION FORM
RFP#269-2017-028
Playground Equipment,Outdoor Fitness Equipment,Site Accessories,Surfacing, and Related
Products and Services
This Proposal is submitted by:
Company Name:
Representative(printed):
Address:
City/State/Zip:
Email address:
Telephone:
(Area Code)Telephone Number
Facsimile:
(Area Code)Fax Number
The representative signing above hereby certifies and agrees that the following information is
correct:
1. In preparing its proposal, the Company has considered all proposals submitted from
qualified, potential subcontractors and Companies; and has not engaged in or condoned
prohibited discrimination. For purposes of this Section, discrimination means
discrimination in the solicitation, selection, or treatment of any subcontractor, vendor or
supplier on the basis of race, ethnicity, gender, age or disability or any otherwise
unlawful form of discrimination. Without limiting the foregoing, discrimination also
includes retaliating against any person or other entity for reporting any incident of
discrimination.
2. Without limiting any other provision of the solicitation for proposals on this project,it is
understood and agreed that, if this certification is false, such false certification will
constitute grounds for the City to reject the bid submitted by the Proposer on this Project
and to terminate any contract awarded based on such bid.
3. As a condition of contracting with the City, the Company agrees to maintain
documentation sufficient to demonstrate that it has not discriminated in its solicitation or
selection of subcontractors. The Company further agrees to promptly provide to the City
all information and documentation that may be requested by the City from time to time
regarding the solicitation and selection of subcontractors. Failure to maintain or failure to
provide such information constitutes grounds for the City to reject the bid submitted by
the Company or terminate any contract awarded on such bid.
RFP 0269-2017-028 Playground Equipment 35
Section 6
Required Forms
4. As part of its bid or proposal, the Bidder or Proposer shall provide to the City a list of all
instances within the past ten years where a complaint was filed or pending against Bidder
or Proposer in a legal or administrative proceeding alleging that Bidder or Proposer
discriminated against its subcontractors, vendors or suppliers, and a description of the
status or resolution of that complaint,including any remedial action taken.
5. The information contained in this Proposal or any part thereof, including its Exhibits,
Schedules, and other documents and instruments delivered or to be delivered to the City,
is true, accurate, and complete. This Proposal includes all information necessary to
ensure that the statements therein do not in whole or in part mislead the City as to any
material facts.
6. It is understood by the Company that the City reserves the right to reject any and all
Proposals, to make awards on all items or on any items according to the best interest of
the City,to waive formalities,technicalities,to recover and re-bid this RFP.
7. This Proposal is valid for one hundred and eighty (180)calendar days from the Proposal
due date.
I,the undersigned,hereby acknowledge that my company was given the opportunity to provide
exceptions to the Sample Terms as included herein as Exhibit A. As such, I have elected to do the
following:
Include exceptions to the sample contract in the following section of my Proposal:
Not include any exceptions to the Sample Terms.
Representative(signed):
RFP#269-2017-028 Playground Equipment 36
Section 6
Required Forms
REQUIRED FORM 4-PRICING WORKSHEET
RFP#269-2017-028
Playground Equipment,Outdoor Fitness Equipment,Site Accessories, Surfacing,and Related
Products and Services
Regardless of exceptions taken, Companies shall provide pricing based on the requirements and
terms set forth in this RFP.Cost must be in United States dollars rounded to the nearest quarter of
a dollar. If there are additional costs associated with the Services,please add to this chart.
Proposal must include electronic copies (on flash drive) of manufacturer's listings, a published
wholesale or retail price list, which is widely distributed to the marketplace, or other product
literature which describes all the products being offered.
The price schedules must be a single percentage discount from published retail price list,or other
verifiable published price list. Published price lists must be submitted annually and the same
percentage of discount shall apply for the life of the contract. Pricing must be provided for every
Product and Service included in your Proposal. Cost must be in United States dollars rounded to
the nearest quarter of a dollar.
1. Please provide your verifiable price list(s):
CATEGORY VERIFIABLE PRICE LIST
NUMBER/DATE
Playground Equipment (i.e. themed systems, stand-
along activities, system components)
Outdoor Fitness Equipment (i.e. challenge courses,
strength building, multigenerational fitness, precision
timing systems)
Site Accessories (i.e. Benches, Picnic tables, Planters,
Litter receptacles,Bike Racks)
Surfacing(i.e.Pour in Place Rubber,Wood fiber,etc.)
Related Products (i.e. Shade Structures skate parks,
water parks)
Services (i.e. Installation, Design, Layout, Repair,
Maintenance, Removal,Disposal)
2. Please provide your percentage discount off retail price for all products included each of
the following categories. Please use additional sheets and list all categories that you are
offering for this contract.
CATEGORY PERCENTAGE(%)
DISCOUNT
Playground Equipment (i.e. themed systems, stand-
along activities,system components)
Outdoor Fitness Equipment (i.e. challenge courses,
strength building, multigenerational fitness, precision
timing systems)
Site Accessories (i.e. Benches, Picnic tables, Planters,
Litter receptacles,Bike Racks)
RFP#269-2017-028 Playground Equipment 37
Section 6
Required Forms
Surfacing(i.e. Pour in Place Rubber,Wood fiber,etc.)
Related Products (i.e. Shade Structures skate parks,
water parks)
Services (i.e. Installation, Design, Layout, Repair,
Maintenance,Removal,Disposal)
3. Company must provide the following for each of the three(s)sample playground designs
(FOR EVALUATION AND PRICE COMPARISON ONLY):
1) 3 dimensional Drawings
2) Number of kids that can use the playground;
3) Total number of play components:
a. Number of ground level components
b. Number of accessible ground level components
c. Number of elevated components
d. Number of accessible elevated components
4) Play Structure Size
5) Deck Sizes
6) Itemized costs using proposed discounts and list prices to include all applicable
costs, including,but not limited to:
a) Each Structure or component (i.e. playground, site Accessories, shade,
receptacles,etc.)
b) Design Services
c) Surfacing
d) Installation
e) Any other products or services that is associated with this sample.
7) Diameter of Uprights
8) Color options
9) Minimum time needed from date of design to delivery of equipment
10) DO NOT include freight in sample Playground pricing.
DESIGN 1:
Site Dimensions: 50 ft.x 125 ft.
Budget: $225,000(must include all design,equipment,and installation costs)
Ages: Separate play area for 2 to 5 years old
Separate play area for 5-12 years old
Design: Bright,Colorful Playgrounds with Roofs
Playground will be serving a community with physical disabilities children. The Playgrounds
design must include the minimum following components:
Inclusive play components that:
• Encourage development of sensory processing including proprioceptive and vestibular
systems.
• Encourage social interaction within the playground.
RFP#269-2017-028 Playground Equipment 38
Section 6
Required Forms
• Provide opportunities for spinning,sliding,rocking and swinging incorporated with
heights,motions and body positions.
• Provide opportunities for climbing,crawling,bouncing and balancing.
• Stimulate sensory experiences through tactile,auditory and visual components and
events.
• Provide multiple levels of challenge(easy,moderate,difficult of the same type of
activity).
• Are easy to transfer to and from a mobility device.
• Ensure a child in mobility device is in the middle of play.
• Requires limited provision of ramps.
2-5 Year Old Structure:
• One(1)Early Childhood(tot) Swings with sides
• One(1)Slide-4 ft. maximum height
• One(1)Climber
• One(1)Crawl Tunnel
• One(1)Sand Box
5-12 Year Old Structure:
• One(1)Double Slide—6 ft.maximum height
• One(1) Spiral Slide
• One(1)Net Climber
• One(1) Rock Climber
• Two(2)Wheel chair accessible ramps
• One(1) Bridge
Surfacint:
• Bonded rubber fall surface to include sub-base(granite screening) and geo fabric.
Site Accessories:
• Four (4) 8ft Heavy Duty Picnic Tables with steel frame
• One(1) Sway Bench(12-gauge punched steel with 3.5"diameter posts.
• Three(3)Trash Receptacles
• Two(2) Heavy Duty 6-foot Benches with back, and armrest. Placed with good sightlines
for monitoring children.
Design 2:
Site Dimensions: 45ft. x 65 ft.
Budget: S85,000(must include all design,equipment,and installation costs)
Ages: 5-12 years old
Design: Nature Themed with Neutral Colors
• One(1)Double Slide—8 ft.maximum height
• One(1)Tube Slide
• Two(4)Climbers
RFP#269-2017-028 Playground Equipment 39
Section 6
Required Forms
• Four(4) Swings with a minimum of one(1)accessible swing.
• One (1)Balance Beam
• One(1)Transfer Station
• One(1)Bridge
• One(1)Zip-line
Surfacing:
Minimum of 12 inches compacted wood safety surfacing.
Design 3:
Site Dimensions: 30 ft. x 45 ft.
Budget: $45,000(must include all design,equipment,and installation costs)
Ages: 13+years old
Design: Adult Outdoor Fitness
Comprehensive fitness package that offers flexibility, balance, strength, and low-impact aerobic
workout activities,and includes the minimum following elements:
• One(1)Wobble Board
• One(1)Captains Chair
• One(1)Chest Press
• One(1)Lat Pull Down and Leg Press
• One(1)Trapeze Rack
• One(1)Recumbent Cycle
• One(1)Heavy Duty Bicycle Rack
Surfacing:
No Surfacing required.
RFP#269-2017-028 Playground Equipment 40
Section 6
Required Forms
"""`°�`s OLUSON
susiHes
REQUIRED FORM 5—MIW/SBE UTILIZATION
RFP#269-2017-028
Playground Equipment,Outdoor Fitness Equipment,Site Accessories,Surfacing,and Related
Products and Services
The City maintains a strong commitment to the inclusion of MWSBEs in the City's contracting
and procurement process when there are viable subcontracting opportunities. Companies must
submit this form with their proposal outlining any supplies and/or Services to be provided by
each City certified SBE, and/or City registered MBE and WBE for the Contract. The City
recommends you exhaust all efforts when identifying potential MWSBEs to participate on this
RFP.
Please indicate if your company is any of the following:
MBE WBE SBE None of the above
If your company has been certified with any of the agencies affiliated with the designations
above,indicate which agency,the effective and expiration date of that certification below:
Agency Certifying: Effective Date: Expiration Date:
Identify outreach efforts that were employed by the firm to maximize inclusion of MWSBEs to be
submitted with the firm's proposal (attach additional sheets if needed):
Identify outreach efforts that will be employed by the firm to maximize inclusion during the
contract period of the Project(attach additional sheets if needed):
List below all MWSBEs that you intend use on this Contract:
Subcontractor Name Description of work or Indicate either"M", City Vendor#
materials "S",and/or"W"
Representative(signed):
Date Representative Name
RFP#269-2017-028 Playground Equipment 41
Section 6
Required Forms
REQUIRED FORM 6—COMPANY'S BACKGROUND RESPONSE
RFP# 269-2017-028
Playground Equipment.Outdoor Fitness Equipment,Site Accessories,Surfacing, and Related
Products and Services
Companies shall complete and submit the form below as part of their response to this RFP.
Additional pages may be attached as needed to present the information requested.
Company's legal name
Company Location(indicate corporate
headquarters and location that will be providing
the Services).
How many years has your company been in
business?How long has your company been
providing the Services as described in Section 4?
List any projects or Services terminated by a
government entity. Please disclose the
government entity that terminated and explain the
reason for the termination.
List any litigation that your company has been
involved with during the past two(2)years for
Services similar to those in this RFP.
Provide an overview and history of your
company.
If your company is a subsidiary, identify the
number of employees in your company or
division and the revenues of proposing company
or division.
Identify any certifications held by your company
if you are implementing or reselling another
company's Products or Services. Include how
long the partnership or certification has been
effect.
Describe your company's complete corporate
structure,including any parent companies,
subsidiaries,affiliates and other related entities.
Describe the ownership structure of your
company, including any significant or controlling
equity holders.
Explain how your organization ensures that
personnel performing the Services are qualified
and proficient.
If your company has been the subject of a dispute
or strike by organized labor within the last five
(5)years,please describe the circumstances and
the resolution of the dispute.
RFP#269-2017-028 Playground Equipment 42
Section 6
Required Forms
Required form 7—References
RFP#269-2017-028
Playground Equipment,Outdoor Fitness Equipment,Site Accessories,Surfacing,and Related
Products and Services
Companies shall complete the form below. The City's preference is for references from
organizations of similar size or where the Company is performing similar Services to those
described herein. If such references are not available, individuals or companies that can speak to
the Company's performance are adequate.
•
Reference I !.i
Company Name
Contact Name
Phone Number
't' Reference 2
Company Name
Contact Name
Phone Number
Reference 3
Company Name
Contact Name
Phone Number
Reference 4
Company Name
Contact Name
Phone Number
Reference 5
Company Name
Contact Name
Phone Number
RFP#269-2017-028 Playground Equipment 43
Section 6
Required Forms
REQUIRED FORM 8—NON-DISCRIMINATION PROVISION
Playground Equipment,Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related
Products and Services
All requests for Bids or Bids issued for City Contracts shall include a certification to be completed by the
Bidder or Proposer in substantially the following form:
The undersigned Bidder or Proposer hereby certifies and agrees that the following information is correct:
1. In preparing it's the enclosed Bid or Bid, the Bidder or Proposer has considered all Bids and Bids
submitted from qualified, potential subcontractors and Company, and has not engaged in
discrimination as defined in Section 2.
2. For purposes of this Section, discrimination means discrimination in the solicitation, selection, or
treatment of any subcontractor, vendor or supplier on the basis of race, ethnicity, gender, age or
disability or any otherwise unlawful form of discrimination. Without limiting the foregoing,
discrimination also includes retaliating against any person or other entity for reporting any incident of
discrimination.
3. Without limiting any other remedies that the City may have for a false certification, it is understood
and agreed that,if this certification is false,such false certification will constitute grounds for the City
to reject the Bid or Bid submitted with this certification, and terminate any Contract awarded based
on such Bid or Bid It shall also constitute a violation of the City's Commercial Non-Discrimination
Ordinance and shall subject the Bidder or Proposer to any remedies allowed thereunder, including
possible disqualification from participating in City Contracts or Bid processes for up to two years.
4. As a condition of Contracting with the City, the Bidder or Proposer agrees to promptly provide to the
City all information and documentation that may be requested by the City from time to time regarding
the solicitation and selection of Company and subcontractors in connection with this solicitation
process. Failure to maintain or failure to provide such information shall constitute grounds for the
City to reject the Bid or Bid and to any Contract awarded on such Bid or Bid. It shall also constitute a
violation of the City's Commercial Non-Discrimination Ordinance, and shall subject the Bidder or
Proposer to any remedies that are allowed thereunder.
5. As part of its Bid, or Proposal, the Bidder or Proposer shall provide to the City a list of all instances
within the past ten years where a complaint was filed or pending against Bidder or Proposer in a legal
or administrative proceeding alleging that Bidder or Proposer discriminated against its subcontractors,
vendors or suppliers, and a description of the status or resolution of that complaint, including any
remedial action taken.
6. As a condition of submitting a Bid to the City, the Bidder or Proposer agrees to comply with the
City's Commercial Non-Discrimination Policy as described in Section 2, Article V of the Charlotte
City Code,and consents to be bound by the award of any arbitration conducted thereunder.
NAME OF COMPANY:
BY: TITLE:
SIGNATURE OF AUTHORIZED OFFICIAL:
DATE:
RFP#269-2017-028 Playground Equipment 44
Section 7
Required U.S. Communities Information
COMPANY WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION
Suppliers are required to meet specific qualifications. Please respond in the spaces provided after each
qualification statement below:
A. Will pricing for all Products/Services offered be the most competitive pricing offered by your
organization to Participating Public Agencies nationally?
YES NO
B. Does your company have the ability to provide service to any Participating Public Agencies in the
contiguous 48 states and the ability to deliver service in Alaska and Hawaii?
YES *NO
(*If no,identify the states where you do not have the ability to provide service to Participating Public
Agencies.)
C. Does your company have a national sales force,dealer network or distributor with the ability to call on
Participating Public Agencies in at least 35 U.S.states?
YES *NO
(*If no,identify the states where you have the ability to call on Participating Public Agencies.)
D. Check which applies for your company sales last year in the United States:
Sales between SO and$25,000,000
Sales between$25,000,001 and$50,000,000
Sales between 550,000,001 and 5100,000,000
Sales greater than$100,000,001
E. Does your company have existing capacity to provide electronic and ecommerce ordering and billing?
YES NO
F. Will your company assign a dedicated Senior Management level Account Manager to support the
resulting U.S.Communities program contract?
YES NO
G. Does your company maintain records of your overall Participating Public Agencies' sales that you can
and will share with U.S.Communities to monitor program implementation progress?
YES NO
H. Will your company commit to the following program implementation schedule?
YES NO
1. Will the U.S.Communities program contract be your lead public offering to Participating Public
Agencies?
YES NO
Submitted by:
(Printed Name) (Signature)
(Title) (Date)
RFP#269-2017-028 Playground Equipment 45
Section 7
Required U.S. Communities Information
SUPPLIER INFORMATION
Please respond to the following requests for information about your Company:
National Commitments
1. Proposer shall provide a written narrative of your understanding and acceptance of the
Company Qualifications Commitments in Section 1.5.
Company
1. Provide the total number and location of sales persons employed by your Company in the
United States.
Eranip!e:
NUMBER OF
SALES CITY STATE
REPRESENTATIVES
13 Phoenix AZ
6 San Francisco CA
10 Atlanta GA
12 Boise ID
6 Lexington KY
5 New Orleans LA
3 Philadelphia PA
Etc. Etc.
Total: 366
2. Please provide a narrative of how these sales people would be used to market the contract to
eligible agencies across the country. Please describe what you have in place today and your
future plans, if you were awarded the contract.
3. Provide the Company annual sales for 2014, 2015 and 2016 in the United States; Sales
reporting should be segmented into the following categories:
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2013,2014, AND 2015
Segment 2014 Sales 2015 Sales 2016 Sales
Cities
Counties
K-12(Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits _
Federal
Private Sector
Total Supplier Sales
RFP#269-2017-028 Playground Equipment 46
Section 7
Required U.S. Communities Information
4. For the proposed products and services included in the scope of your response,provide
annual sales for 2014,2015 and 2016 in the United States. Sales reporting should be
segmented into the following categories:
SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2013, 2014, AND 2015 )
Segment 2014 Sales 2015 Sales 2016 Sales
Cities
Counties
K-12(Pubic/Private)
Higher Education (Public/Private)
States
Other Public Sector and Nonprofits _
Federal
Private Sector
Total Supplier Sales
5. Provide a list of your Company's ten largest public agency customers, including contact
information.
Distribution
1. Describe how your company proposes to distribute the Products nationwide.
2. Identify all other companies that will be involved in processing,handling or shipping the
Product to the end user.
3. Provide the number,size and location of your company's distribution facilities, warehouses
and retail network as applicable.
4. Provide the number and location of support centers(if applicable).
5. If applicable,describe your company's ability to do business with
manufacturer/dealer/distribution organizations that are either small or MWBE businesses as
defined by the Small Business Administration.
a. If applicable,describe other ways your company can be sensitive to a Participating Public
Agency's desire to utilize local and/or MWBE companies,such as number of local
employees and offices in a particular geographic area,companies your firm is using that
may be local(i.e. local delivery truck company),your company's diversity of owner
employees,etc.
b. If applicable,provide details on any products or services being offered by your company
where the manufacturer or service provider is either a small or MWBE business as
RFP#269-2017-028 Playground Equipment 47
Section 7
Required U.S. Communities Information
defined by the Small Business Administration. Provide product/service name,company
name and small/MWBE designation.
Marketing
1. Outline your company's sales and marketing plan for marketing the Products to eligible
agencies nationwide.
2. Explain how your company will educate its national sales force about the Master Agreement.
3. Explain how your company will market and transition the Master Agreement into the primary
offering to Participating Public Agencies. How will your organization differentiate the new
agreement from existing contracts you may have today?
National Staffing Plan
1. Please identify the key personnel who will lead and support the implementation period of the
contract outlined in Section One, New Supplier Implementation Checklist, along with the
amount of time to be devoted to implementation.
2. Identify the key personnel who are to be engaged in this contract throughout the term of the
contract, including each of the roles described below:
Role Description of Role Person Responsible Time
Commitment
(%)
Executive Sponsor Responsible for the
corporate commitment.
Works with Supplier
Manager.
National Account Responsible for sales efforts
Manager and training of sales people
across the country.Works
daily with Program
Managers and Supplier
Manager.
Lead Referral Manager Responsible for distributing
leads generated through the
USC website.
Marketing Lead Responsible for all
marketing efforts. Works
with USC marketing
regularly.
IT Lead Responsible for building
USC landing page for
supplier.
RFP#269-2017-028 Playground Equipment 48
Section 7
Required U.S. Communities Information
Reporting Lead Responsible for providing
monthly reports to USC.
3. Provide an organizational chart of your company.
4. Submit the a bio for each of the below personnel:
a. The person your company proposes to serve as the National Accounts Manager,
b. Each person that will be dedicated full time to U.S. Communities account management,
and
c. Key executive personnel that will be supporting the program.
Products,Services and Solutions
I. Provide a description of the Products, Services and Solutions to be provided by the major
product category set forth in Section Five of the RFP. The primary objective is for each
Supplier to provide its complete product,service and solutions offerings so that Participating
Public Agencies may order a range of product as appropriate for their needs.
2. State your normal delivery time(in days) and any options for expediting delivery.
3. State backorder policy. Do you fill or kill order and require Participating Public Agency to
reorder if item is backordered?
4. State restocking fees and procedures for returning products.
5. Specify guaranteed fill rate by product category specified in Section Five.
6. Describe any special programs that your company offers that will improve customers' ability
to access Products, on-time delivery or other innovative strategies.
7. Describe the capacity of your company to broaden the scope of the contract and keep the
product offerings current and ensure that latest products,standards and technology for
Playground Equipment,Outdoor Fitness Equipment, Surfacing, Site Accessories and
Related Parts and Services.
Oualifications, Experience and Project 11Iana2ement Capabilities
1. Identify your company's authorized distributors and installers by U.S. state;
2. Identify your company's bonding capacity on a national basis(if applicable);
3. List the states where the bidder is licensed to do business(if applicable);
4. List the states where the bidder or sub-contractor is licensed to do business(if applicable);
RFP#269-2017-028 Playground Equipment 49
Section 7
Required U.S. Communities Information
5. List the state construction licenses held,either directly by the bidder or a by a qualified
distributor that has been actively and continuously involved with manufacturer(if
applicable);
Administration
1. Describe your company's normal order processing procedure from point of customer contact
through delivery and billing. Additionally,please provide the following:
a. In what formats do you accept orders(telephone,ecommerce,etc.)?
b. Please state if you use a single system or platform for all phases of ordering,processing,
delivery and billing.
2. State which forms of ordering allow the use of a procurement card and the accepted banking
(credit card)affiliation.
3. Describe your company's ecommerce capabilities:
a. Include details about your company's ability to create punch out sites and accept orders
electronically(cXML,OCI,etc.).
b. Provide detail on where your company has integrated with a pubic agency's ERP(Oracle,
Infor Lawson, SAP,etc.)system in the past and include some details about the resources
you have in place to support these integrations. List,by ERP provider,the following
information: name of public agency, ERP system used, "go live" date, net sales per
calendar year since"go live",and percentage of agency sales being processed through
this connection.
4. Describe any existing multi-state cooperative purchasing programs, including the entity's
name(s),contact person(s),contact information,contract term(including contract options)
and annual volume by year for each of the last three years.
5. Describe your ability to provide customized reports(i.e.commodity histories,purchase
histories by department,green spend,etc.) for each Participating Public Agency.
Environmental
1. Provide a brief description of any company's environmental initiatives, including your
company's environmental policies and/or strategies,your investments in being an
environmentally preferable product leader,and any resources dedicated to your
environmental strategy,including staff.
2. Describe your company's process for defining,verifying,and labeling green/sustainable
products and services in your offering. Explain how you help public agencies navigate toward
the green products in your offering through website filters,keyword searches,displaying eco-
logos,etc.
RFP#269-2017-028 Playground Equipment 50
Section 7
Required U.S. Communities Information
3. Pease indicate if you have any products in your offering that have any third-party
environmental certifications.
4. What percentage of your offering is environmentally preferable and what are your plans to
improve this offering?
Financial Statements
1. Submit your current Federal Identification Number and latest Dun & Bradstreet report.
2. Please include an audited income statement and balance sheet from the most recent reporting
period in your proposal.
Additional Information
Please use this opportunity to describe any/all other features, advantages and benefits of your
organization that you feel will provide additional value and benefit to a Participating Public
Agency.
RFP#269-2017-028 Playground Equipment 51
Section 7
Required U.S. Communities Information
ADMINISTRATION AGREEMENT
This ADMINISTRATION AGREEMENT("Agreement") is made as of
,by and between U.S.COMMUNITIES GOVERNMENT PURCHASING
ALLIANCE("U.S. Communities")and ("Supplier").
RECITALS
WHEREAS, ("Lead Public Aaencv') has entered into a certain
Master Agreement dated as of even date herewith,referenced as Agreement No. ,by and
between Lead Public Agency and Supplier(as amended from time to time in accordance with the
terms thereof,the"Master Agreement") for the purchase of (the
"Products and Services");
WHEREAS, the Master Agreement provides that any state,county,city, special district,
local government, school district,private K-12 school,technical or vocational school,higher
education institution(including community colleges, colleges and universities,both public and
private),other government agency or nonprofit organization(each a"Public Agency"and
collectively, "Public Agencies")may purchase Products and Services at the prices indicated in the
Master Agreement upon prior registration with U.S. Communities,in which case the Public
Agency becomes a "Participating Public Agency";
WHEREAS,U.S.Communities has the administrative and legal capacity to administer
purchases under the Master Agreement to Participating Public Agencies;
WHEREAS,U.S. Communities serves in an administrative capacity for Lead Public
Agency and other lead public agencies in connection with other master agreements offered by
U.S. Communities;
WHEREAS,Lead Public Agency desires U.S. Communities to proceed with
administration of the Master Agreement on the same basis as other master agreements;
WHEREAS,"U.S.Communities Government Purchasing Alliance"is a trade name
licensed by U.S.Communities Purchasing& Finance Agency;and
WHEREAS,U.S. Communities and Supplier desire to enter into this Agreement to make
available the Master Agreement to Participating Public Agencies.
NOW, THEREFORE,in consideration of the mutual covenants contained in this
Agreement,U.S.Communities and Supplier hereby agree as follows:
ARTICLE I
GENERAL TERMS AND CONDITIONS
1.1 The Master Agreement,attached hereto as Exhibit A and incorporated herein by
reference as though fully set forth herein,and the terms and conditions contained therein shall
apply to this Agreement except as expressly changed or modified by this Agreement.
RFP#269-2017-028 Playground Equipment 52
Section 7
Required U.S. Communities Information
1.2 U.S. Communities shall be afforded all of the rights,privileges and
indemnifications afforded to Lead Public Agency under the Master Agreement,and such rights,
privileges and indemnifications shall accrue and apply with equal effect to U.S.Communities
under this Agreement including,without limitation,Supplier's obligation to provide insurance
and indemnifications to Lead Public Agency.
1.3 Supplier shall perform all duties,responsibilities and obligations required under
the Master Agreement.
1.4 U.S. Communities shall perform all of its duties,responsibilities and obligations
as administrator of purchases under the Master Agreement as set forth herein,and Supplier
acknowledges that U.S.Communities shall act in the capacity of administrator of purchases under
the Master Agreement.
1.5 With respect to any purchases made by Lead Public Agency or any Participating
Public Agency pursuant to the Master Agreement,U.S.Communities(a)shall not be construed as
a dealer,re-marketer,representative,partner,or agent of any type of Supplier,Lead Public
Agency or such Participating Public Agency,(b)shall not be obligated,liable or responsible(i)
for any orders made by Lead Public Agency,any Participating Public Agency or any employee of
Lead Public Agency or a Participating Public Agency under the Master Agreement,or(ii)for any
payments required to be made with respect to such order,and(c) shall not be obligated,liable or
responsible for any failure by a Participating Public Agency to(i)comply with procedures or
requirements of applicable law or ordinance,or(ii)obtain the due authorization and approval
necessary to purchase under the Master Agreement. U.S. Communities makes no representations
or guaranties with respect to any minimum purchases required to be made by Lead Public
Agency,any Participating Public Agency,or any employee of Lead Public Agency or a
Participating Public Agency under the Master Agreement.
ARTICLE lI
TERM OF AGREEMENT
2.1 This Agreement is effective as of and shall terminate
upon termination of the Master Agreement or any earlier termination in accordance with the
terms of this Agreement,provided,however,that the obligation to pay all amounts owed by
Supplier to U.S.Communities through the termination of this Agreement and all indemnifications
afforded by Supplier to U.S. Communities shall survive the term of this Agreement.
ARTICLE III
REPRESENTATIONS AND COVENANTS
3.1 U.S.Communities views the relationship with Supplier as an opportunity to
provide benefits to the Lead Public Agency,Public Agencies and Supplier. The successful
foundation of the relationship requires certain representations and covenants from both U.S.
Communities and Supplier.
3.2 U.S. Communities' Representations and Covenants.
RFP 4269-2017-028 Playground Equipment 53
Section 7
Required U.S. Communities Information
(a) Marketing. U.S. Communities shall proactively market the Master
Agreement to Public Agencies using resources such as a network of major sponsors including the
National League of Cities(NLC),National Association of Counties(NACo),United States
Conference of Mayors(USCM),and the Association of School Business Officials(ASBO)
(collectively,the"Founding Co-Sponsors")and individual national,regional and state-level
sponsors. In addition,the U.S. Communities staff shall make best efforts to enhance Supplier's
marketing efforts through meetings with Public Agencies,participation in key events and
tradeshows and other marketing activity such as advertising,articles and promotional campaigns.
(b) Training and Knowledge Management Support. U.S.Communities shall
provide support for the education,training and engagement of Supplier's sales force as provided
herein. Through its staff(each.a"Program Manager"and collectively, the"Program
Managers"),U.S.Communities shall, with scheduling assistance from Supplier,conduct training
sessions and conduct calls jointly with Supplier to Public Agencies. U.S.Communities shall also
provide Supplier with access to U.S.Communities' private intranet website which provides
presentations,documents and information to assist Supplier's sales force in effectively promoting
the Master Agreement.
3.3 Supplier's Representations and Covenants. Supplier hereby represents and
covenants as follows in order to ensure that Supplier is providing the highest level of public
benefit to Participating Public Agencies(such representations and covenants are sometimes
referred to as"Supplier's Commitments"and are comprised of the Corporate Commitment,
Pricing Commitment,Economy Commitment and Sales Commitment):
(a) Corporate Commitment.
(i) The pricing, terms and conditions of the Master Agreement shall,
at all times, be Supplier's primary contractual offering of Products and Services to Public
Agencies. All of Supplier's direct and indirect marketing and sales efforts to Public Agencies
shall demonstrate that the Master Agreement is Supplier's primary offering and not just one of
Supplier's contract options.
(ii) Supplier's sales force (including inside,direct and/or authorized
dealers,distributors and representatives) shall always present the Master Agreement when
marketing Products or Services to Public Agencies.
(iii) Supplier shall advise all Public Agencies that are existing
customers of Supplier as to the pricing and other value offered through the Master Agreement.
(iv) Upon authorization by a Public Agency, Supplier shall transition
such Public Agency to the pricing,terms and conditions of the Master Agreement.
(v) Supplier shall ensure that the U.S.Communities program and the
Master Agreement are actively supported by Supplier's senior executive management.
(vi) Supplier shall provide a national/senior management level
representative with the authority and responsibility to ensure that the Supplier's Commitments are
maintained at all times. Supplier shall also designate a lead referral contact person who shall be
responsible for receiving communications from U.S.Communities concerning new Participating
RFP#269-2017-028 Playground Equipment 54
Section 7
Required U.S. Communities Information
Public Agency registrations and for ensuring timely follow-up by Supplier's staff to requests for
contact from Participating Public Agencies. Supplier shall also provide the personnel necessary
to implement and support a supplier-based internet web page dedicated to Supplier's U.S.
Communities program and linked to U.S. Communities' website and shall implement and support
such web page.
(vii) Supplier shall demonstrate in its procurement solicitation
response and throughout the term of the Master Agreement that national/senior management fully
supports the U.S.Communities program and its commitments and requirements. National/Senior
management is defined as the executive(s)with companywide authority.
(viii) Where Supplier has an existing contract for Products and
Services with a state, Supplier shall notify the state of the Master Agreement and transition the
state to the pricing,terms and conditions of the Master Agreement upon the state's request.
Regardless of whether the state decides to transition to the Master Agreement,Supplier shall
primarily offer the Master Agreement to all Public Agencies located within the state.
(b) Pricing Commitment.
(i) Supplier represents to U.S.Communities that the pricing offered
under the Master Agreement is the lowest overall available pricing(net to purchaser)on Products
and Services that it offers to Public Agencies. Supplier's pricing shall be evaluated on either an
overall project basis or the Public Agency's actual usage for more frequently purchased Products
and Services.
(ii) Contracts Offering Lower Prices. If a pre-existing contract
and/or a Public Agency's unique buying pattern provide one or more Public Agencies a lower
price than that offered under the Master Agreement, Supplier shall match that lower pricing under
the Master Agreement and inform the eligible Public Agencies that the lower pricing is available
under the Master Agreement. If an eligible Public Agency requests to be transitioned to the
Master Agreement, Supplier shall do so and report the Public Agency's purchases made under the
Master Agreement going forward. The price match only applies to the eligible Public Agencies.
Below are three examples of Supplier's obligation to match the pricing under Supplier's contracts
offering lower prices.
(A) Supplier holds a state contract with lower pricing that is
available to all Public Agencies within the state. Supplier would be required to match the
lower state pricing under the Master Agreement and make it available to all Public
Agencies within the state.
(B) Supplier holds a regional cooperative contract with
lower pricing that is available only to the ten cooperative members. Supplier would be
required to match the lower cooperative pricing under the Master Agreement and make it
available to the ten cooperative members.
(C) Supplier holds a contract with an individual Public
Agency. The Public Agency contract does not contain any cooperative language and
therefore other Public Agencies are not eligible to utilize the contract. Supplier would be
RFP#269-2017-028 Playground Equipment 55
Section 7
Required U.S. Communities Information
required to match the lower pricing under the Master Agreement and make it available
only to the individual Public Agency.
(iii) Deviating Buying Patterns. Occasionally U.S.Communities and
Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that
considerably deviate from the normal Public Agency buying pattern and terms and conditions,
and causes Supplier's pricing under the Master Agreement to be higher than an alternative
contract held by Supplier. This could be created by a unique end-user preference or
requirements. In the event that this situation occurs, Supplier may address the issue by lowering
the price under the Master Agreement on the item(s)causing the large deviation for that Public
Agency. Supplier would not be required to lower the price for other Public Agencies.
(iv) Supplier's Options in Responding to a Third Party Procurement
Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to
piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S.
Communities recognizes that for various reasons some Public Agencies will issue their own
solicitations. The following options are available to Supplier when responding to a Public
Agency solicitation:
(A) Supplier may opt not to respond to the procurement
solicitation. Supplier may make the Master Agreement available to the Public Agency as
a comparison to its solicitation responses.
(B) Supplier may respond with the pricing,terms and
conditions of the Master Agreement. If Supplier is awarded the contract,the sales would
be reported as sales under the Master Agreement.
(C) If competitive conditions require pricing lower than the
standard Master Agreement pricing, Supplier may submit lower pricing through the
Master Agreement. If Supplier is awarded the contract,the sales would be reported as
sales under the Master Agreement. Supplier would not be required to extend the lower
price to other Public Agencies.
(D) Supplier may respond to the procurement solicitation
with pricing that is higher(net to buyer)than the pricing offered under the Master
Agreement. If awarded a contract, Supplier shall still be bound by all obligations set
forth in this Section 3.3,including,without limitation,the requirement to continue to
advise the awarding Public Agency of the pricing,terms and conditions of the Master
Agreement.
(E) Supplier may respond to the procurement solicitation
with pricing that is higher(net to buyer)than the pricing offered under the Master
Agreement and if an alternative response is permitted, Supplier may offer the pricing
under the Master Agreement as an alternative for consideration.
(c) Economy Commitment. Supplier shall demonstrate the benefits,
including the pricing advantage,of the Master Agreement over alternative options,including
competitive solicitation pricing and shall proactively offer the terms and pricing under the Master
RFP#269-2017-028 Playground Equipment 56
Section 7
Required U.S. Communities Information
Agreement to Public Agencies as a more effective alternative to the cost and time associated with
such alternate bids and solicitations.
(d) Sales Commitment. Supplier shall market the Master Agreement
through Supplier's sales force or dealer network that is properly trained, engaged and committed
to offering the Master Agreement as Supplier's primary offering to Public Agencies. Supplier's
sales force compensation and incentives shall be greater than or equal to the compensation and
incentives earned under other contracts to Public Agencies.
(i) Supplier Sales. Supplier shall be responsible for proactive sales
of Supplier's Products and Services to Public Agencies and the timely follow-up to sales leads
identified by U.S. Communities. Use of product catalogs,targeted advertising,direct mail,online
marketing and other sales initiatives are encouraged. All of Supplier's sales materials targeted
towards Public Agencies shall include the U.S. Communities logo. U.S. Communities hereby
grants to Supplier,during the term of this Agreement,a non-exclusive,revocable,non-
transferable,license to use the U.S. Communities name, trademark,and logo solely to perform its
obligations under this Agreement,and for no other purpose. Any goodwill,rights,or benefits
derived from Supplier's use of the U.S. Communities name,trademark,or logo shall inure to the
benefit of U.S.Communities. U.S. Communities shall provide Supplier with its logo and the
standards to be employed in the use of the logo. During the term of the Agreement,the Supplier
shall provide U.S.Communities with its logo and the standards to be employed in the use of the
logo for purposes of reproducing and using Supplier's name and logo in connection with the
advertising,marketing and promotion of the Master Agreement to Public Agencies. Supplier
shall assist U.S.Communities by providing camera-ready logos and by participating in related
trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that
(i)the Master Agreement was competitively solicited by the Lead Public Agency, (ii)the Master
Agreement provides the Supplier's best overall pricing and value to eligible agencies.(iii)there is
no cost to Participating Public Agencies,and(iv)the Master Agreement is a non-exclusive
contract.
•
(ii) Branding and Logo Compliance. Supplier shall be responsible
for complying with the U.S.Communities branding and logo standards and guidelines. Prior to
use by Supplier,all U.S.Communities related marketing material must be submitted to U.S.
Communities for review and approval.
(iii) Sales Force Training. Supplier shall train its national sales force
on the Master Agreement and U.S. Communities program. U.S.Communities shall be available
to train on a national,regional or local level and generally assist with the education of sales
personnel.
(iv) Participating Public Agency Access. Supplier shall establish the
following communication links to facilitate customer access and communication:
(A) A dedicated U.S. Communities internet web-based
homepage that is accessible from Supplier's homepage or main menu navigation containing:
(1) U.S.Communities standard logo with Founding
Co-Sponsors logos;
(2) Copy of original procurement solicitation;
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Required U.S. Communities Information
(3) Copy of Master Agreement including any
amendments;
(4) Summary of Products and Services pricing;
(5) Electronic link to U.S. Communities' online
registration page;and
(6) Other promotional material as requested by U.S.
Communities.
(B) A dedicated toll-free national hotline for inquiries
regarding U.S. Communities.
(C) A dedicated email address for general inquiries in the
following format: uscommunities@(name of
supplier).com.
(v) Electronic Registration. Supplier shall be responsible for
ensuring that each Public Agency has completed U.S. Communities' online registration process
prior to processing the Public Agency's first sales order.
(vi) Supplier's Performance Review. Upon request by U.S.
Communities, Supplier shall participate in a performance review meeting with U.S. Communities
to evaluate Supplier's performance of the covenants set forth in this Agreement.
(vii) Supplier Content. Supplier may,from time to time,provide
certain graphics,media,and other content to U.S. Communities (collectively "Supplier Content")
for use on U.S. Communities websites and for general marketing and publicity purposes. During
the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non-
exclusive,worldwide, free,transferrable,license to reproduce,modify,distribute,publically
perform, publically display,and use Supplier Content in connection with U.S. Communities
websites and for general marketing and publicity purposes,with the right to sublicense each and
every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the
unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder;and
(b)the use of Supplier Content and any other materials or services provided to U.S. Communities
as contemplated hereunder will not violate,infringe,or misappropriate the intellectual property
rights or other rights of any third party
3.4 Breach of Supplier's Representations and Covenants. The representations and
covenants set forth in this Agreement are the foundation of the relationship between U.S.
Communities and Supplier. If Supplier is found to be in violation of,or non-compliance with,
one or more of the representations and covenants set forth in this Agreement, Supplier shall have
ninety(90)days from the notice of default to cure such violation or non-compliance and,if
Supplier fails to cure such violation or non-compliance within such notice period,it shall be
deemed a cause for immediate termination of the Master Agreement at Lead Public Agency's sole
discretion or this Agreement at U.S.Communities' sole discretion.
3.5 Indemnity. Supplier hereby agrees to indemnify and defend U.S.Communities,
and its parent companies,subsidiaries,affiliates,shareholders,member,manager,officers,
directors,employees,agents,and representatives from and against any and all claims,costs,
proceedings,demands,losses,damages,and expenses(including,without limitation,reasonable
RFP 44269-2017-028 Playground Equipment 58
Section 7
Required U.S. Communities Information
attorney's fees and legal costs) of any kind or nature,arising from or relating to,any actual or
alleged breach of any of Supplier's representations,warranties,or covenants in this Agreement.
ARTICLE IV
PRICING AUDITS
4.1 Supplier shall,at Supplier's sole expense,maintain an accounting of all purchases made by Lead Put
made. This audit right shall survive termination of this Agreement for a period of one(1)year
from the effective date of termination. U.S.Communities shall have the authority to conduct
random audits of Supplier's pricing that is offered to Participating Public Agencies at U.S.
Communities' sole cost and expense. Notwithstanding the foregoing, in the event that U.S.
Communities is made aware of any pricing being offered to three(3)or more Participating Public
Agencies that is materially inconsistent with the pricing under the Master Agreement, U.S.
Communities shall have the ability to conduct a reasonable audit of Supplier's pricing at
Supplier's sole cost and expense during regular business hours upon reasonable notice. U.S.
Communities may conduct the audit internally or may engage a third-party auditing firm on a
non-contingent basis. Supplier shall solely be responsible for the cost of the audit. In the event
of an audit,the requested materials shall be provided in the format and at the location where kept
in the ordinary course of business by Supplier.
ARTICLE V
FEES& REPORTING
5.1 Administrative Fees. Supplier shall pay to U.S. Communities a monthly
administrative fee based upon the total sales price of all purchases shipped and billed pursuant to
the Master Agreement,excluding taxes,in the amount of two percent(2%)of aggregate
purchases made during each calendar month(individually and collectively,"Administrative
Fees"). Supplier's annual sales shall be measured on a calendar year basis. All Administrative
Fees shall be payable in U.S. Dollars and shall be made by wire to U.S. Communities,or its
designee or trustee as may be directed in writing by U.S.Communities. Administrative Fees shall
be due and payable within thirty(30)days of the end of each calendar month for purchases
shipped and billed during such calendar month. U.S.Communities agrees to pay to Lead Public
Agency five percent(5%)of all Administrative Fees received from Supplier to help offset Lead
Public Agency's costs incurred in connection with managing the Master Agreement nationally.
5.2 Sales Reports. Within thirty(30)days of the end of each calendar month,
Supplier shall deliver to U.S.Communities an electronic accounting report,in the format
prescribed by Exhibit B,attached hereto,summarizing all purchases made under the Master
Agreement during such calendar month("Sales Report"). All purchases indicated in the Sales
Report shall be denominated in U.S. Dollars. All purchases shipped and billed pursuant to the
Master Agreement for the applicable calendar month shall be included in the Sales Report.
Submitted reports shall be verified by U.S. Communities against its registration database. Any
data that is inconsistent with the registration database shall be changed prior to processing. U.S.
Communities reserves the right upon reasonable advance notice to Supplier to change the
prescribed report format to accommodate the distribution of the Administrative Fees to its
program sponsors and state associations.
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Required U.S. Communities Information
5.3 Exception Reporting/Sales Reports Audits. U.S. Communities or its designee
may,at its sole discretion,compare Supplier's Sales Reports with Participating Public Agency
records or other sales analysis performed by Participating Public Agencies,sponsors,advisory
board members or U.S. Communities staff. If there is a material discrepancy between the Sales
Report and such records or sales analysis as determined by U.S.Communities, U.S.Communities
shall notify Supplier in writing and Supplier shall have thirty(30)days from the date of such
notice to resolve the discrepancy to U.S. Communities' reasonable satisfaction. Upon resolution
of the discrepancy, Supplier shall remit payment to U.S. Communities' trustee within fifteen (15)
calendar days. Any questions regarding an exception report should be directed to U.S.
Communities in writing to reporting@uscommunities.org. If Supplier does not resolve the
discrepancy to U.S. Communities' reasonable satisfaction within thirty(30)days,U.S.
Communities shall have the right to engage outside services to conduct an independent audit of
Supplier's reports. Supplier shall solely be responsible for the cost of the audit.
5.4 Online Reporting. Within forty-five(45)days of the end of each calendar month,
U.S. Communities shall provide online reporting to Supplier containing Supplier's sales reporting
for such calendar month. Supplier shall have access to various reports through the U.S.
Communities intranet website. Such reports are useful in resolving reporting issues and enabling
Supplier to better manage its Master Agreement.
5.5 Usage Reporting. Within thirty(30)days of the end of each contract year,
Supplier shall deliver to U.S. Communities an electronic usage report of all sales under the
Master Agreement,including:
(i) Supplier's Product Number
(ii) Product Description
(iii) Manufacturer Name
(iv) Manufacturer Number
(v) Unit of Measure
(vi) U.S. Communities Price
(vii) Number of times ordered
(viii) Units sold
(ix) Sales by Manufacturer
5.6 Supplier's Failure to Provide Reports or Pay Administrative Fees. Failure to
provide a Sales Report or pay Administrative Fees within the time and in the manner specified
herein shall be regarded as a material breach under this Agreement and if not cured within thirty
(30)days of written notice to Supplier, shall be deemed a cause for termination of the Master
Agreement at Lead Public Agency's sole discretion or this Agreement at U.S.Communities' sole
discretion. All Administrative Fees not paid within thirty(30)days of the end of the previous
calendar month shall bear interest at the rate of one and one-half percent(1.5%)per month until
paid in full.
ARTICLE VI
MISCELLANEOUS
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Section 7
Required L.S. Communities Information
6.1 Entire Agreement. This Agreement supersedes any and all other agreements,
either oral or in writing,between the parties hereto with respect to the subject matter hereof,and
no other agreement,statement,or promise relating to the subject matter of this Agreement which
is not contained herein shall be valid or binding.
6.2 Assignment.
(a) Supplier. Neither this Agreement nor any rights or obligations hereunder
shall be assignable by Supplier without prior written consent of U.S. Communities,and any
assignment without such consent shall be void.
(b) U.S. Communities. This Agreement and any rights or obligations
hereunder may be assigned by U.S.Communities in U.S.Communities' sole discretion,to an
existing or newly established legal entity that has the authority and capacity to perform U.S.
Communities' obligations hereunder.
6.3 Notices. All reports,notices or other communications given hereunder shall be
delivered by first-class mail,postage prepaid,or overnight delivery requiring signature on receipt
to the addresses as set forth below. U.S.Communities may,by written notice delivered to
Supplier,designate any different address to which subsequent reports,notices or other
communications shall be sent.
U.S. Communities: U.S. Communities
9711 Washingtonian Blvd., Suite 100
Gaithersburg,MD 20878-7381
Attn: Program Manager Administration
Supplier:
Attn: U.S. Communities Program Manager
6.4 Severability. If any provision of this Agreement shall be deemed to be,or shall
in fact be,illegal,inoperative or unenforceable,the same shall not affect any other provision or
provisions herein contained or render the same invalid,inoperative or unenforceable to any extent
whatever.
6.5 Waiver. Any failure of a party to enforce,for any period of time,any of the
provisions under this Agreement shall not be construed as a waiver of such provisions or of the
right of said party thereafter to enforce each and every provision under this Agreement.
6.6 Counterparts. This Agreement may be executed in several counterparts,each of
which shall be an original and all of which shall constitute but one and the same instrument.
6.7 Modifications. This Agreement may not be effectively amended,changed,
modified,altered or terminated without the prior written consent of the parties hereto.
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Section 7
Required U.S. Communities Information
6.8 Governing Law;Arbitration. This Agreement will be governed by and
interpreted in accordance with the laws of the State of California without regard to any conflict of
laws principles. Any dispute,claim,or controversy arising out of or relating to this Agreement or
the breach,termination,enforcement,interpretation or validity thereof, including the
determination of the scope or applicability of this dispute resolution clause,shall be determined
by arbitration in Walnut Creek,California,before one(1)arbitrator. The arbitration shall be
administered by JAMS pursuant to its Comprehensive Arbitration Rules and
Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause
shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction. The prevailing party will be entitled to recover its reasonable attorneys'
fees and arbitration costs from the other party. The arbitration award shall be final and
binding. Each party commits that prior to commencement of arbitration proceedings,the parties
shall submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and with
one another in selecting a mediator from JAMS panel of neutrals,and in promptly scheduling the
mediation proceedings. The parties covenant that they will participate in the mediation in good
faith,and that they will share equally in its costs. The mediation will be conducted by each party
designating a duly authorized officer or other representative to represent the party with the
authority to bind the party,and that the parties agree to exchange informally such information as
is reasonably necessary and relevant to the issues being mediated. All offers,promises,conduct,
and statements,whether oral or written,made in the course of the mediation by any of the parties,
their agents,employees,experts,and attorneys,and by the mediator or any JAMS employees,are
confidential,privileged,and inadmissible for any purpose,including impeachment,in any
arbitration or other proceeding involving the parties,provided that evidence that is otherwise
admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of
its use in the mediation. If the dispute is not resolved within thirty(30)days from the date of the
submission of the dispute to mediation (or such later date as the parties may mutually agree in
writing),the administration of the arbitration shall proceed. The mediation may continue,if the
parties so agree,after the appointment of the arbitrator. Unless otherwise agreed by the parties,
the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a
mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration
from a court of appropriate jurisdiction, and the parties agree not to defend against any
application for provisional relief on the ground that a mediation is pending.
6.9 Successors and Assigns. This Agreement shall inure to the benefit of and shall
be binding upon U.S. Communities, Supplier and any successor and assign thereto; subject,
however,to the limitations contained herein.
[Remainder of Page Intentionally Left Blank—Signatures Follow]
RFP#269-2017-028 Playground Equipment 62
Section 7
Required U.S. Communities Information
IN WITNESS WHEREOF,U.S.Communities has caused this Agreement to be executed in its
name and Supplier has caused this Agreement to be executed in its name,all as of the date first
written above.
U.S. Communities:
U.S.COMMUNITIES GOVERNMENT PURCHASING ALLIANCE
By
Name:
Title:
Supplier:
By
Name:
Title:
RFP 1269-2017-028 Playground Equipment 63
Section 7
Required U.S. Communities Information
ATTACHMENT A
MASTER AGREEMENT
(Lead Public Agency Master Agreement/Contract to be attached at time of av,ard.)
RFP#269-2017-028 Playground Equipment 64
Section 7
Required U.S. Communities Information
ATTACHMENT B
SALES REPORT FORMAT
Appendi.B-U5'Data Format)
Yle.R.pR Tom 06.10
TN SoppOer ID Amount No. #41..."11.... Dew NA. Ase,... Cly Sat. Op Agency Type Y.. ON f1... An..
*55000735 150 '59511447 CITY of LALGUT 01051 SVCS Ft.rr..ny 555 17.11162 51 575 312 LC6 ANGELES CA '00012 20 2012 2 5 1525 50
' 450000222 100 '34555036 LOB ANGELES COUNTY Free 3505 FIGERO\ST STE 700 LOS ANGELES CA 90071 30 2012 2 5 15006,
455000735 150 bowel CRY of LAJENLARON AFFAIR P.rel..y 555 65655E j$T STE 312 LOS ANGELES CA'90012 20 2012 2 5 1525 05
' 455000735 150 7435 CITY OF LNCO.M.r,DEV Force.. 555 RAAPE2 5T STE 312 100 ANGELES CA 90012 20 2072 2 5 45040 A
' 055002010 150 321INA0001053 GROIW TOWN 6 PUNIC W OROS W.., 123 A St GROTON CT'06340 20 2012 2 6 31500
' 066,o1554 100 3210u0001051 0007-N OTT CF Ad000ye.y 123A 51 0ROTC. CT 0134$ 20 2012 2 5 21200
SALES REPORT DATA KARAT 7 1
Colwyn Xn' Rtlglt..d 1 Dr.Tye Length Eueps Cane..
TN Opo. Tee ' 9 `955000735 No D..Do nol nM r.tn1 no
S.M.ID Y.. N ITIM '3 '111 5e Sypfr ID 117.5e.
Mea.No C0.. A. 2S rw 015.05.0.appf.Ace*..no
At.n•0y if..r. Y. Tee 256 L. Le Adea.Carty
Dept Ns. C.o. Tee 255 roam P.O?..,.. 0.1
Add... Y. T. 255 eve
C. Y. Tet 255 nm Lp A.pe`. 544,0..WWI ON neer.
$.. Yet T.. 2 CA
2105 Yes T. 5 '90071 No D...,De no.w..l..a. Deo VA.D.cM.
Aprdy Typ Y. N... 2 •30 5..9.73 Tye T.D.Ban..
Yer Y. Number A '2010
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.A.rp In Punt. 2 ' 12
Aro. Yes Mono. W..r 55040 A T.Oates....Nee no$1r9^or ca...
1 17R.rr911.eTeRle .,Vi:
40..oT Top O Arm,Top.0..t5t..r
10 6-72
II Com..Corp.
52 C.ibg•rdlyemedo
20 LN
21 61085054311556
22 000d re cn,O.a..v.
20 COM*
31 Canty Seec..DA.tct
dD i'.drl
LI gown Cwpwfcc
W610004 26.0.0 s
00 SI.04.50,
91 9.9.2.550W0i4r1
52 1 -tinct
6,A CO00
RFP#269-2017-028 Playground Equipment 65
Section 8
U.S. Communities Additional Provisions
U.S. COMMUNITIES ADDITIONAL PROVISIONS
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergovernmental Cooperative Purchasing Agreement("Agreement'") is made
between certain government agencies that execute a Lead Public Agency Certificate
(collectively, "Lead Public Agencies")to be appended and made a part hereof and other
government agencies ("Participating Public Agencies")that agree to the terms and conditions
hereof through the U.S. Communities registration process and made a part hereof.
RECITALS
WHEREAS,after a competitive solicitation and selection process by Lead Public Agencies, in
compliance with their own policies,procedures, rules and regulations, a number of suppliers
(each,a"Contract Supplier") have entered into Master Agreements with Lead Public
Agencies to provide a variety of goods, products and services based on national and
international volumes(herein "Products and Services");
WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S.
Communities and provide that Participating Public Agencies may purchase Products and
Services on the same terms, conditions and pricing as the Lead Public Agency, subject to any
applicable local purchasing ordinances and the laws of the State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of any
intergovernmental cooperative act, if applicable, to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS,the parties hereto desire to improve the efficiency, effectiveness and economy of
the procurement of necessary Products and Services;
NOW,THEREFORE, in consideration of the mutual promises contained in this Agreement, and
of the mutual benefits to result, the parties agree as follows:
I. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this Agreement shall be conducted
in accordance with and subject to the relevant statutes, ordinances, rules and regulations that
govern each party's procurement practices.
3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in
accordance with the terms and conditions of the solicitation, except as modification of those
terms and conditions is otherwise allowed or required by applicable law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to
convenience, information which may assist in improving the effectiveness, efficiency and
economy of Participating Public Agencies' procurement of Products and Services.
5. That the Participating Public Agency will make timely payments to the Contract Supplier
for Products and Services received in accordance with the terms and conditions of the
procurement. Payment, inspections and acceptance of Products and Services ordered by the
RFP#269-2017-028 Playground Equipment 66
Section 8
U.S. Communities Additional Provisions
Participating Public Agency shall be the exclusive obligation of such Participating Public
Agency. Disputes between the Participating Public Agency and Contract Supplier are to be
resolved in accord with the law and venue rules of the State of purchase.
6. The Participating Public Agency shall not use this Agreement as a method for obtaining
additional concessions or reduced prices for similar products or services.
7. The Participating Public Agency is solely responsible for ordering, accepting, and paying
and any other action, inaction or decision regarding the Products and Services obtained
under this Agreement. A Lead Public Agency shall not be liable in any manner for any
action or inaction or decisions taken by a Participating Public Agency. The Participating
Public Agency shall, to the extent permitted by applicable law, hold the Lead Public Agency
harmless from any liability that may arise from action or inaction of the Participating Public
Agency.
8. The exercise of any rights or remedies by the Participating Public Agency shall be the
exclusive obligation of such Participating Public Agency.
9. This Agreement shall remain in effect until termination by a party giving thirty(30) days
prior written notice to U.S. Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA
94597.
10. This Agreement shall become effective after execution of the Lead Public Agency
Certificate or Participating Public Agency registration, as applicable.
RFP#269-2017-028 Playground Equipment 67
Section 8
U.S. Communities Additional Provisions
STATE NOTICE ADDENDUM
Pursuant to certain state notice provisions the following public agencies and political subdivisions
of the referenced public agencies are eligible to access the contract award made pursuant to this
solicitation.Public agencies and political subdivisions are hereby given notice of the foregoing
request for proposal for purposes of complying with the procedural requirements of said statutes:
Nationwide:
http://www.usa.zov/A2encies/Local Government/Cities.shtml
Other states:
State of Oregon, State of Hawaii, State of Washington
AgencyName State COUNTY OF MAUI III
Malama Honua Public Charter School HI Lanai Community Health Center HI
ST JOHN THE BAPTIST HI Maui High Band Booster Club HI
Waimanalo Elementary and HI Tri-Isle Resource Conservation and HI
Intermediate School Development District
Kailua High School HI Kumulani Chapel HI
PACIFIC BUDDHIST ACADEMY HI Chamber of Commerce Hawaii HI
HAWAII TECHNOLOGY H I Naalehu Assembly of God HI
ACADEMY outrigger canoe club HI
CONGREGATION OF CHRISTIAN HI One Kalakaua HI
BROTHERS OF HAWAII, INC. Native Hawaiian Hospitality HI
MARYKNOLL SCHOOL HI Association
ISLAND SCHOOL HI St.Theresa School HI
STATE OF HAWAII, DEPT. OF HI Hawaii Peace and Justice HI
EDUCATION
Kauai Youth Basketball Association HI
KE KULA 0 S. M. KAMAKAU FII NA HALE 0 MAUI HI
KAMEHAMEHA SCHOOLS llI LEEWARD HABITAT FOR HI
HANAHAU'OLI SCHOOL HI HUMANITY
KIHEI CHARTER SCHOOL HI WAIANAE COMMUNITY HI
EMMANUAL LUTHERAN HI OUTREACH
SCHOOL NA LEI ALOHA FOUNDATION HI
School Lunch Program HI HAWAII FAMILY LAW CLINIC HI
Ewa Makai Middle School HI DBA ALA KUOLA
Our Savior Lutheran School HI BUILDING INDUSTRY H I
BOARD OF WATER SUPPLY HI ASSOCIATION OF HAWAII
MAUI COUNTY COUNCIL HI UNIVERSITY OF HAWAII HI
Kauai County Council HI FEDERAL CREDIT UNION
Honolulu Fire Department HI
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Section 8
U.S. Communities Additional Provisions
LANAKILA REHABILITATION HI Kipuka o Ke Ola HI
CENTER INC. READ TO ME INTERNATIONAL HI
POLYNESIAN CULTURAL HI FOUNDATION
CENTER MAUI FAMILY YMCA HI
CTR FOR CULTURAL AND TECH HI WAILUKU FEDERAL CREDIT HI
INTERCHNG BETW EAST AND UNION
WEST ST.THERESA CHURCH HI
BISHOP MUSEUM HI HALE MAHAOLU HI
ALOCHOLIC REHABILITATION HI
SVS OF HI INC DBA HINA West Maui Community Federal HI
MAUKA Credit Union
ASSOSIATION OF OWNERS OF HI Hawaii Island Humane Society HI
KUKUI PLAZA Western Pacific Fisheries Council HI
MAUI ECONOMIC HI Kama'aina Care Inc HI
DEVELOPMENT BOARD International Archaeological HI
NETWORK ENTERPRISES,INC. HI Research Institute, Inc.
HONOLULU HABITAT FOR HI Community Empowerment Resources HI
HUMANITY Tutu and Me Traveling Preschool HI
ALOHACARE HI First United Methodist Church HI
OR!ANUENUE HALE,INC. HI United Chinese Society HI
IUPAT,DISTRICT COUNCIL 50 HI Haggai Institue HI
GOODWILL INDUSTRIES OF HI AOAO Royal Capitol Plaza HI
HAWAII, INC. Kumpang Lanai HI
HAROLD K.L.CASTLE HI Child and Family Service HI
FOUNDATION MARINE SURF WAIKIKI, INC. HI
MAUI ECONOMIC HI
OPPORTUNITY,INC. Hawaii Health Connector HI
EAH, INC. HI Hawaii Carpenters Market Recovery HI
PARTNERS IN DEVELOPMENT HI Program Fund
FOUNDATION Puu Heleakala Community HI
HABITAT FOR HUMANITY MAUI HI Association
W.M.KECK OBSERVATORY HI Saint Louis School HI
HAWAII EMPLOYERS COUNCIL HI Kailua Racquet Club,Ltd. HI
HAWAII STATE FCU HI Homewise Inc. HI
MAUI COUNTY FCU HI Hawaii Baptist Academy HI
PUNAHOU SCHOOL HI hoc Center Hawaii HI
YMCA OF HONOLULU HI Kupu HI
EASTER SEALS HAWAII HI University of the Nations HI
AMERICAN LUNG ASSOCIATION HI ARGOSY UNIVERSITY HI
Pohaha I Ka Lani HI HAWAII PACIFIC UNIVERSITY HI
Hawaii Area Committee HI UNIVERSITY OF HAWAII AT HI
MANOA
Tri-Isle RC&D HI RESEARCH CORPORATION OF HI
Lanai Federal Credit Union HI THE UNIVERSITY OF HAWAII
Aloha United Way HI BRIGHAM YOUNG UNIVERSITY HI
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Section 8
U.S. Communities Additional Provisions
-HAWAII Access
University Clinical Research and HI
Association CITY AND COUNTY OF HI
CHAMINADE UNIVERSITY OF HI HONOLULU
HONOLULU Lanai Youth Center HI
Ricoh HI Silver Dolphin Bistro HI
ROMAN CATHOLIC CHURCH IN HI Commander,Navy Region Hawaii HI
THE STATE OF HAWAII US Navy H I
Hawaii Information Consortium H I Defense Information System Agency H I
Leeward Community Church HI 84th Engineer Battalion H I
E Malama In Keiki 0 Lanai H I Department of Veterans Affairs H I
Keawala'i Congregational Church HI Central School District I3J(Polk OR
Lanai Community Hospital HI
County,Oregon)
Angels at Play Preschool& HI Milton-Freewater Unified School OR
Kindergarten District No 7
Queen Emma Gardens AOAO HI Scappoose Adventist School OR
FAMILY SUPPORT SERVICES OF HI Ontario School District 8C OR
WEST HAWAII Trillium Charter School OR
Honolulu Community College HI Echo School District OR
COLLEGE OF THE MARSHALL HI Warrenton Hammond School OR
ISLANDS Immanuel Lutheran School OR
DOT Airports Division Hilo HI Columbia Academy OR
International Airport VALLEY CATHOLIC SCHL OR
Judiciary-State of Hawaii H I CROOK COUNTY SCHOOL OR
ADMIN. SERVICES OFFICE HI DISTRICT
SOH-JUDICIARY CONTRACTS HI CORBETT SCHL DIST#39 OR
AND PURCH Trinity Lutheran Church and School OR
STATE DEPARTMENT OF HI Bethel School District#52 OR
DEFENSE OREGON CITY PUBLIC SCHL OR
HAWAII CHILD SUPPORT HI Ppmc Education Committee OR
ENFORCEMENT AGENCY Stayton Christian School OR
HAWAII HEALTH SYSTEMS HI South Columbia Family School OR
CORPORATION Sunrise Preschool OR
HAWAII AGRICULTURE HI St.Therese Parish/School OR
RESEARCH CENTER PINE-EAGLE SCHOOL DISTRICT OR
STATE OF HAWAII HI 061
Third Judicial Circuit- State of HI Portland YouthBuilders OR
Hawaii Wallowa County ESD OR
State of Hawaii Department of HI Fern Ridge School District 28J OR
Transportation Knova Learning OR
Office of the Governor HI New Horizon Christian School OR
State of Hawaii-Department of HI MOLALLA RIVER ACADEMY OR
Health-Disability&Communication
RFP#269-2017-028 Playground Equipment 70
Section 8
U.S. Communities Additional Provisions
HIGH DESERT EDUCATION OR BAKER COUNTY SCHOOL DIST. OR
SERVICE DISTRICT 16J -MALHEUR ESD
St.Luke Catholic School OR HARNEY EDUCATION SERVICE OR
SOUTHWEST CHARTER SCHOOL OR DISTRICT
WHITEAKER MONTESSORI OR GREATER ALBANY PUBLIC OR
SCHOOL SCHOOL DISTRICT
CASCADES ACADEMY OF OR LAKE OSWEGO SCHOOL OR
CENTRAL OREGON DISTRICT 7J
NEAH-KAH-NIE DISTRICT NO.56 OR SOUTHERN OREGON OR
INTER MOUNTAIN ESD OR EDUCATION SERVICE DISTRICT
STANFIELD SCHOOL DISTRICT OR SILVER FALLS SCHOOL OR
LA GRANDE SCHOOL DISTRICT OR DISTRICT
St Helens School District OR
CASCADE SCHOOL DISTRICT OR DAYTON SCHOOL DISTRICT OR
DUFUR SCHOOL DISTRICT NO.29 OR NO.8
hillsboro school district OR Amity School District 4-J OR
GASTON SCHOOL DISTRICT 511J OR SCAPPOOSE SCHOOL DISTRICT OR
BEAVERTON SCHOOL DISTRICT OR 1J
COUNTY OF YAMHILL SCHOOL OR REEDSPORT SCHOOL DISTRICT OR
DISTRICT 29 FOREST GROVE SCHOOL OR
WILLAMINA SCHOOL DISTRICT OR DISTRICT
DAVID DOUGLAS SCHOOL OR
MCMINNVILLE SCHOOL OR DISTRICT
DISTRICT NO.40 LOWELL SCHOOL DISTRICT OR
Sheridan School District 48J OR NO 71
THE CATLIN GABEL SCHOOL OR TIGARD-TUALATIN SCHOOL OR
NORTH WASCO CTY SCHOOL OR DISTRICT
DISTRICT 21 -CHENOWITH SHERWOOD SCHOOL DISTRICT OR
CENTRAL CATHOLIC HIGH OR 88J
SCHOOL RAINIER SCHOOL DISTRICT OR
CANYONVILLE CHRISTIAN OR NORTH CLACKAMAS SCHOOL OR
ACADEMY DISTRICT
OUR LADY OF THE LAKE OR MONROE SCHOOL DISTRICT OR
SCHOOL NO.1 J
NYSSA SCHOOL DISTRICT NO. OR CHILDPEACE MONTESSORI OR
26 HEAD START OF LANE COUNTY OR
ARLINGTON SCHOOL DISTRICT OR HARNEY COUNTY SCHOOL OR
NO. 3 DIST.NO.3
LIVINGSTONE ADVENTIST OR NESTUCCA VALLEY SCHOOL OR
ACADEMY DISTRICT NO.101
Santiam Canyon SD 129J OR ARCHBISHOP FRANCIS OR
WEST HILLS COMMUNITY OR NORBERT BLANCHET SCHOOL
CHURCH
BANKS SCHOOL DISTRICT OR LEBANON COMMUNITY OR
WILLAMETTE EDUCATION OR SCHOOLS N0.9
SERVICE DISTRICT MT.SCOTT LEARNING CENTERS OR
SEVEN PEAKS SCHOOL OR
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U.S. Communities Additional Provisions
DE LA SALLE N CATHOLIC HS OR GLIDE SCHOOL DISTRICT NO.12 OR
MULTISENSORY LEARNING OR SOUTH UMPQUA SCHOOL OR
ACADEMY DISTRICT#19
MITCH CHARTER SCHOOL OR YONCALLA SCHOOL DISTRICT OR
REALMS CHARTER SCHOOL OR NO.32
BAKER SCHOOL DISTRICT 5-J OR ELKTON SCHOOL DISTRICT OR
PHILOMATH SCHOOL DISTRICT OR N0.34
DOUGLAS COUNTY SCHOOL OR
CLACKAMAS EDUCATION OR DISTRICT 116
SERVICE DISTRICT
CANBY SCHOOL DISTRICT OR HOOD RIVER COUNTY SCHOOL OR
DISTRICT
OREGON TRAIL SCHOOL OR PHOENIX-TALENT SCHOOL OR
DISTRICT NO.46 DISTRICT NO.4
WEST LINN WILSONVILLE OR CENTRAL POINT SCHOOL OR
SCHOOL DISTRICT DISTRICT NO. b
MOLALLA RIVER SCHOOL OR JACKSON CO SCHOOL DIST NO.9 OR
DISTRICT NO.35
ROGUE RIVER SCHOOL OR
ESTACADA SCHOOL DISTRICT OR DISTRICT NO.35
NO.108 MEDFORD SCHOOL DISTRICT OR
GLADSTONE SCHOOL DISTRICT OR 549C
ASTORIA SCHOOL DISTRICT IC OR CULVER SCHOOL DISTRICT NO. OR
SEASIDE SCHOOL DISTRICT 10 OR JEFFERSON COUNTY SCHOOL OR
NORTHWEST REGIONAL OR DISTRICT 5094
EDUCATION SERVICE DISTRICT GRANTS PASS SCHOOL OR
VERNONIA SCHOOL DISTRICT OR DISTRICT 7
47J LOST RIVER JR/SR HIGH OR
SOUTH COAST EDUCATION OR SCHOOL
SERVICE DISTRICT KLAMATH FALLS CITY OR
COOS BAY SCHOOL DISTRICT OR SCHOOLS
NO.9 LANE COUNTY SCHOOL OR
COOS BAY SCHOOL DISTRICT OR DISTRICT 4J
NORTHSPRINGFIELD SCHOOL OR
BEND SCHOOL OR
DISTRICT N0.19
DISTRICT 13
COQUILLE SCHOOL DISTRICT 8 OR CRESWELL SCHOOL DISTRICT OR
MYRTLE POINT SCHOOL OR SOUTH LANE SCHOOL DISTRICT OR
45J3
DISTRICT NO.41 LANE COUNTY SCHOOL OR
BANDON SCHOOL DISTRICT OR DISTRICT 69
BROOKING HARBOR SCHOOL OR SIUSLAW SCHOOL DISTRICT OR
DISTRICT NO.17-C SWEET HOME SCHOOL OR
REDMOND SCHOOL DISTRICT OR DISTRICT NO.55
DESCHUTES COUNTY SD NO.6- OR LINN CO. SCHOOL DIST.95C - OR
SISTERS SD SCIO SD
DOUGLAS EDUCATION SERVICE OR ONTARIO MIDDLE SCHOOL OR
DISTRICT GERVAIS SCHOOL DIST.#1 OR
ROSEBURG PUBLIC SCHOOLS OR NORTH SANTIAM SCHOOL OR
DISTRICT 29J
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Section 8
U.S. Communities Additional Provisions
JEFFERSON SCHOOL DISTRICT OR Vale School District No. 84 OR
SALEM-KEIZER PUBLIC OR St. Mary School OR
SCHOOLS Junction City High School OR
MT.ANGEL SCHOOL DISTRICT OR Three Rivers School District OR
NO.91
Fern Ridge School District OR
MARION COUNTY SCHOOL OR
DISTRICT 103-WASHINGTON ES JESUIT HIGH SCHL EXEC OFC OR
MORROW COUNTY SCHOOL OR LASALLE HIGH SCHOOL OR
DISTRICT Southwest Christian School OR
MULTNOMAH EDUCATION OR Willamette Christian School OR
SERVICE DISTRICT Westside Christian High School OR
GRESHAM-BARLOW SCHOOL OR CS LEWIS ACADEMY OR
DISTRICT Portland America School OR
DALLAS SCHOOL DISTRICT NO. OR Forest Hills Lutheran School OR
2 Mosier Community School OR
CENTRAL SCHOOL DISTRICT 13J OR
St. Mary Catholic School OR Koreducators Lep High OR
CROSSROADS CHRISTIAN OR Warrenton Hammond School District OR
SCHOOL Sutherlin School District OR
ST.ANTHONY SCHOOL OR Malheur Elementary School District OR
Pedee School OR Ontario School District OR
HERITAGE CHRISTIAN SCHOOL OR Parkrose School District 3 OR
BEND-LA PINE SCHOOL OR Riverdale School District 51J OR
DISTRICT Tillamook School District OR
GLENDALE SCHOOL DISTRICT OR Madeleine School OR
LINCOLN COUNTY SCHOOL OR Union School District OR
DISTRICT Helix School District OR
PORTLAND PUBLIC SCHOOLS OR
REYNOLDS SCHOOL DISTRICT OR Riddle School District OR
CENTENNIAL SCHOOL DISTRICT OR Ashbrook Independent School OR
NOBEL LEARNING OR Molalla River School District OR
COMMUNITIES Corvallis School District 509J OR
St. Stephen's Academy OR Falls City School District#57 OR
McMinnville Adventist Christian OR Portland Christian Schools OR
School LUCKIAMUTE VALLEY OR
Salem-Keizer 24J OR CHARTER SCHOOLS
McKay High School OR Insight School of Oregon Painted OR
Pine Eagle Charter School OR Hills
Waldo Middle School OR Deer Creek Elementary School OR
OAKLAND SCHOOL DISTRICT OR Yamhill Carlton School District OR
001 COLTON SCHL DIST 53 OR
hermiston school district OR HARRISBURG SCHL DIST OR
Clear Creek Middle School OR CENTRAL CURRY SCHL DIST#l OR
Marist High School OR BNAI BRITH CAMP OR
Victory Academy OR OREGON FOOD BANK OR
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Section 8
U.S. Communities Additional Provisions
HOSANNA CHRISTIAN SCHL OR GILLIAM COUNTY OREGON OR
ABIQUA SCHL OR UMATILLA COUNTY,OREGON OR
Salem keizar school district OR DOUGLAS ELECTRIC OR
Scio High School OR COOPERATIVE, INC.
Athena Weston School District 29RJ OR MULTNOMAH LAW LIBRARY OR
Butte Falls School District OR clackamas county OR
Bend International School OR CLATSOP COUNTY OR
Imbler School District#11 OR COLUMBIA COUNTY,OREGON OR
monument school OR coos county OR
PENDLETON SCHOOL DISTRICT OR CROOK COUNTY ROAD OR
#16R DEPARTMENT
Ohara Catholic School OR CURRY COUNTY OREGON OR
MARCOLA SCHOOL DISTRICT OR DESCHUTES COUNTY OR
079J GILLIAM COUNTY OR
LINN-BENTON-LINCOLN ESD OR GRANT COUNTY,OREGON OR
Reynolds High School OR HARNEY COUNTY SHERIFFS OR
St. Paul School District OR OFFICE
Sabin-Schellenberg Technical Center OR HOOD RIVER COUNTY OR
St Paul Parish School OR jackson county OR
Joseph School District OR josephine county OR
EagleRidge High School OR klamath county OR
Grant Community School OR LANE COUNTY OR
Hope chinese charter OR LINN COUNTY OR
Northwest Academy OR MARION COUNTY,SALEM, OR
Sunny Wolf Charter School OR OREGON
MULTNOMAH COUNTY OR
MCKENZIE SCHOOL DISTRICT OR SHERMAN COUNTY OR
068
L'Etoiile French Immersion School OR WASCO COUNTY OR
LA GRANDE SCHOOL DISTRICT OR YAMHILL COUNTY OR
001 WALLOWA COUNTY OR
FOSSIL SCHOOL DISTRICT 21J OR ASSOCIATION OF OREGON OR
Marist Catholic High School OR COUNTIES
Springfield Public Schools OR NAMI LANE COUNTY OR
Elgin school dist. OR BENTON COUNTY OR
PLEASANT HILL SalDIST#1 OR DOUGLAS COUNTY OR
Ukiah School District 80R OR JEFFERSON COUNTY OR
Lake Oswego Montessori School OR LAKE COUNTY OR
North Powder Charter School OR LINCOLN COUNTY OR
Siletz Valley School OR POLK COUNTY OR
French American School OR UNION COUNTY OR
Mastery Learning Institute OR WASHINGTON COUNTY OR
North Lake School District 14 OR MORROW COUNTY OR
Early College High School OR Mckenzie Personnel Services OR
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Section 8
U.S. Communities Additional Provisions
Washington County Facilities& Park OR Bend Elks Lodge 1371 OR
Services Friendly House, Inc. OR
Multnomah County Department of OR Klamath Siskiyou Wildlands Center OR
Community Justice Grants Pass Seventh-day Adventist OR
NORCOR Juvenile Detention OR Church
Tillamook County Estuary OR Corvallis Waldorf School OR
Job Council OR Farmworkers Housing Development OR
BAKER CNTY GOVT OR Corporation
TILLAMOOK CNTY OR World Forestry Center OR
Multnomah County Dept of County OR Adapt OR
Assets Kid Time OR
Wheeler County OR Oregon Farm Bureau OR
Clackamas County Service District # OR Mt Emily Safe Center OR
1/Tri-City Service District Salem First Presbyterian Church OR
Resource Connections of Oregon OR Rolling Hills Baptist Church OR
Lane County Sheriffs Office OR Baker Elks OR
Clatsop County Sheriffs Office OR Gates Community Church of Christ OR
Harney County Community OR PIP Corps LLC OR
Corrections Turtle Ridge Wildlife Center OR
Grant County Economic OR Grande Ronde Model Watershed OR
Developement Foundation
Clackamas County Juvenile Dept OR
Columbia Basin Care Facility ORWestern Environmental Law Center OR
City of Seaside Police Department OR Oregon District 7 Little League OR
Tamarack Aquatic Center OR Mercy Flights,Inc. OR
Seven Feathers Casino OR Metropolitan Contractor OR
Oliver P Lent PTA OR Improvement Partnership
Willamette Valley Rehab Center OR The Christian Church of Hillsboro OR
Oregonb
St Paul Baptist Church OR
Long Tom Watershed Council OR Congregation Neveh Shalom OR
San Martin Deporres Catholic Church OR My Fathers House OR
Portland Parks Foundation OR Step Forward Activities Inc OR
Sweet Home United Methodist OR HHoly Trinity Greek Orthodox OR
Church Cathedral
Cedar Hills Baptist Church OR MECOP Inc. OR
Good Samaritan Ministries OR Workforce Northwest Inc OR
Unitarian Universalist Church in OR Lane Arts Council OR
Eugene Building Healthy Family OR
Emmanuel Bible Church OR Intergral Youth Services OR
Portland Community Media OR Children Center At Trinity OR
La Pine Chamber of Commerce OR Beaverton Christians Church OR
Stone Creek Christian Church OR Oregon Humanities OR
Rogue Valley Youth Football OR St. Pius X School OR
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Section 8
U.S. Communities Additional Provisions
Community Connection of Northeast OR REDMOND PROFICIENCY OR
Oregon, Inc. ACADEMY
St Mark Presbyterian Church OR OHSU FOUNDATION OR
Living Opportunities,Inc. OR SHELTERCARE OR
Coos Art Museum OR PRINGLE CREEK SUSTAINABLE OR
OETC OR LIVING CENTER
Blanchet House of Hospitality OR PACIFIC INSTITUTES FOR OR
Garten Services Inc OR RESEARCH
Mental Health for Children, Inc. OR
Incite Incorporated OR The Dreaming Zebra Foundation OR
Merchants Exchange of Portland, OR LAUREL HILL CENTER OR
Oregon
THE OREGON COMMUNITY OR
Coalition for a Livable Future OR FOUNDATION
West Salem United Methodist OR OCHIN OR
Central Oregon Visitors Association OR WE CARE OREGON OR
Soroptimist International of Gold OR SE WORKS OR
Beach,OR ENTERPRISE FOR EMPLOYMENT OR
Real Life Christian Church OR AND EDUCATION
Dayton Christian Church OR OMNIMEDIX INSTITUTE OR
Delphian School OR PORTLAND BUSINESS OR
AVON OR ALLIANCE
EPUD-Emerald People's Utility OR GATEWAY TO COLLEGE OR
District NATIONAL NETWORK
Human Solutions, Inc. OR FOUNDATIONS FOR A BETTER OR
The Wallace Medical Concern OR OREGON
Boys&Girls Club of Salem,Marion OR GOAL ONE COALITION OR
&Polk Counties ATHENA LIBRARY FRIENDS OR
The Ross Ragland Theater and OR ASSOCIATION
Cultural Center Coastal Family Health Center OR
Cascade Health Solutions OR CENTER FOR COMMUNITY OR
Umpqua Community Health Center OR CHANGE
ALZHEIMERS NETWORK OF OR STAND FOR CHILDREN OR
OREGON ST.VINCENT DEPAUL OF LANE OR
NATIONAL WILD TURKEY OR COUNTY
FEDERATION EAST SIDE FOURSQUARE OR
TILLAMOOK ESTUARIES OR CHURCH
PARTNERSHIP CORVALLIS MOUNTAIN OR
LIFEWORKS NW OR RESCUE UNIT
Independent Development Enterprise OR InventSuccess OR
Alliance SHERIDAN JAPANESE SCHOOL OR
MID-WILLAMETTE VALLEY OR FOUNDATION
COMMUNITY ACTION AGENCY, The Blosser Center for Dyslexia OR
INC Resources
HALFWAY HOUSE SERVICES, OR MOSAIC CHURCH OR
INC.
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Section 8
U.S. Communities Additional Provisions
HOUSING AUTHORITY OF OR OREGON MUSUEM OF SCIENCE OR
LINCOLN COUNTY AND INDUSTRY
RENEWABLE NORTHWEST OR FIRST UNITARIAN CHURCH OR
PROJECT ST. ANTHONY CHURCH OR
INTERNATIONAL SUSTAINABLE OR Good Shepherd Medical Center OR
DEVELOPMENT FOUNDATION Salem Academy OR
CONSERVATION BIOLOGY OR GEN CONF OF SDA CHURCH OR
INSTITUTE WESTERN OR
THE NATIONAL ASSOCIATION OR
OF CREDIT MANAGEMENT- PORTLAND ADVENTIST OR
OREGON, INC. ACADEMY
BLACHLY LANE ELECTRIC OR ST VINCENT DE PAUL OR
COOPERATIVE OUTSIDE IN OR
MORNING STAR MISSIONARY OR UNITED CEREBRAL PALSY OF OR
BAPTIST CHURCH OR AND SW WA
NORTHWEST FOOD OR WILLAMETTE VIEW INC. OR
PROCESSORS ASSOCIATION PORTLAND HABILITATION OR
INDEPENDENT INSURANCE OR CENTER, INC.
AGENTS AND BROKERS OF OREGON STATE UNIVERSITY OR
OREGON ALUMNI ASSOCIATION
OREGON EDUCATION OR ROSE VILLA, INC. OR
ASSOCIATION NORTHWEST LINE JOINT OR
HEARING AND SPEECH OR APPRENTICESHIP&TRAINING
INSTITUTE INC COMMITTEE
SALEM ELECTRIC OR
MORRISON CHILD AND FAMILY OR BOYS AND GIRLS CLUBS OF OR
SERVICES PORTLAND METROPOLITAN
JUNIOR ACHIEVEMENT OR AREA
ROGUE FEDERAL CREDIT OR
CENTRAL BIBLE CHURCH OR UNION
MID COLUMBIA MEDICAL OR Oregon Research Institute OR
CENTER-GREAT'N SMALL WILLAMETTE LUTHERAN OR
TRILLIUM FAMILY SERVICES, OR HOMES, INC
INC. LANE MEMORIAL BLOOD BANK OR
YWCA SALEM OR PORTLAND JEWISH ACADEMY OR
PORTLAND ART MUSEUM OR LANECO FEDERAL CREDIT OR
SAINT JAMES CATHOLIC OR UNION
CHURCH GRANT PARK CHURCH OR
SOUTHERN OREGON HUMANE OR ST. MARYS OF MEDFORD, INC. OR
SOCIETY US CONFERENCE OF OR
VOLUNTEERS OF AMERICA OR MENONNITE BRETHREN
OREGON CHURCHES
CENTRAL DOUGLAS COUNTY OR FAITHFUL SAVIOR MINISTRIES OR
FAMILY YMCA OREGON CITY CHURCH OF THE OR
METROPOLITAN FAMILY OR NAZARENE
SERVICE OREGON COAST COMMUNITY OR
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Section 8
U.S. Communities Additional Provisions
ACTION HELP NOW! ADVOCACY OR
EDUCATION NORTHWEST OR CENTER
COMMUNITY ACTION TEAM, OR TENAS ILLAHEE CHILDCARE OR
INC CENTER
EUGENE SYMPHONY OR SUNRISE ENTERPRISES OR
ASSOCIATION, INC. LOOKING GLASS YOUTH AND OR
STAR OF HOPE ACTIVITY OR FAMILY SERVICES
CENTER INC. SERENITY LANE OR
SPARC ENTERPRISES OR EAST HILL CHURCH OR
SOUTHERN OREGON CHILD OR LA GRANDE UNITED OR
AND FAMILY COUNCIL,INC. METHODIST CHURCH
SALEM ALLIANCE CHURCH OR COAST REHABILITATION OR
Lane Council of Governments OR SERVICES
FORD FAMILY FOUNDATION OR Edwards Center Inc OR
TRAILS CLUB OR ALVORD-TAYLOR OR
NEWBERG FRIENDS CHURCH OR INDEPENDENT LIVING
WOODBURN AREA CHAMBER OR SERVICES
OF COMMERCE NEW HOPE COMMUNITY OR
CHURCH
CONTEMPORARY CRAFTS OR KLAMATH HOUSING OR
MUSEUM AND GALLERY AUTHORITY
CITY BIBLE CHURCH OR QUADRIPLEGICS UNITED OR
OREGON LIONS SIGHT& OR AGAINST DEPENDENCY, INC.
HEARING FOUNDATION SPONSORS, INC. OR
PORTLAND WOMENS CRISIS OR COLUMBIA COMMUNITY OR
LINE MENTAL HEALTH
THE SALVATION ARMY- OR ADDICTIONS RECOVERY OR
CASCADE DIVISION CENTER,INC
WILLAMETTE FAMILY OR METRO HOME SAFETY REPAIR OR
WHITE BIRD CLINIC OR PROGRAM
GOODWILL INDUSTRIES OF OR OREGON SUPPORTED LIVING OR
LANE AND SOUTH COAST PROGRAM
COUNTIES SOUTH COAST HOSPICE,INC. OR
PLANNED PARENTHOOD OF OR ALLFOURONE/CRESTVIEW OR
SOUTHWESTERN OREGON CONFERENCE CTR.
HOUSING NORTHWEST OR The International School OR
OREGON ENVIRONMENTAL OR REBUILDING TOGETHER- OR
COUNCIL PORTLAND INC.
MEALS ON WHEELS PEOPLE, OR PENDLETON ACADEMIES OR
INC. PACIFIC FISHERY OR
FAITH CENTER OR
Bob Belloni Ranch, Inc. OR MANAGEMENT COUNCIL
GOOD SHEPHERD OR DOGS FOR THE DEAF, INC. OR
COMMUNITIES PUBLIC DEFENDER SERVICES OR
SACRED HEART CATHOLIC OR OF LANE COUNTY, INC.
DAUGHTERS
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Section 8
U.S. Communities Additional Provisions
EMMAUS CHRISTIAN SCHOOL OR PREGNANCY RESOUCE OR
DELIGHT VALLEY CHURCH OF OR CENTERS OF GRETER
CHRIST PORTLAND
SAINT CATHERINE OF SIENA OR ELMIRA CHURCH OF CHRIST OR
CHURCH JASPER MOUNTAIN OR
PORT CITY DEVELOPMENT OR ACUMENTRA HEALTH OR
CENTER WORKSYSTEMS INC OR
VIRGINIA GARCIA MEMORIAL OR COVENANT CHRISTIAN HOOD OR
HEALTH CENTER RIVER
CENTRAL CITY CONCERN OR OREGON DONOR PROGRAM OR
CANBY FOURSQUARE CHURCH OR NAMI OREGON OR
EMERALD PUD OR OLIVET BAPTIST CHURCH OR
VERMONT HILLS FAMILY LIFE OR SILVERTON AREA COMMUNITY OR
CENTER AID
BENTON HOSPICE SERVICE OR CONFEDERATED TRIBES OF OR
INTERNATIONAL SOCIETY FOR OR GRAND RONDE
TECHNOLOGY IN EDUCATION NEIGHBORIMPACT OR
COMMUNITY CANCER CENTER OR CATHOLIC COMMUNITY OR
OPEN MEADOW ALTERNATIVE OR SERVICES
SCHOOLS, INC. NEW AVENUES FOR YOUTH INC OR
CASCADIA BEHAVIORAL OR LA CLINICA DEL CARINO OR
HEALTHCARE FAMILY HEALTH CARE CENTER
WILD SALMON CENTER OR DECISION SCIENCE RESEARCH OR
BROAD BASE PROGRAMS INC. OR INSTITUTE, INC.
SUNNYSIDE FOURSQUARE OR WESTERN STATES CENTER OR
CHURCH HIV ALLIANCE, INC OR
TRAINING EMPLOYMENT OR PARTNERSHIPS IN COMMUNITY OR
CONSORTIUM LIVING, INC.
RELEVANT LIFE CHURCH OR
211INFO OR FANCONI ANEMIA RESEARCH OR
SONRISE CHURCH OR FUND INC.
LIVING WAY FELLOWSHIP OR BLIND ENTERPRISES OF OR
Women's Safety&Resource Center OR OREGON
SEXUAL ASSAULT RESOURCE OR OREGON BALLET THEATRE OR
CENTER SMART OR
IRCO OR All God's Children International OR
NORTHWEST YOUTH CORPS OR FARMWORKER HOUISNG DEV OR
TILLAMOOK CNTY WOMENS OR CORP
CRISIS CENTER UMPQUA COMMUNITY OR
DEVELOPMENT CORPORATION
SECURITY FIRST CHILD OR REGIONAL ARTS AND CULTURE OR
DEVELOPMENT CENTER
COUNCIL
CLASSROOM LAW PROJECT OR THE EARLY EDUCATION OR
YOUTH GUIDANCE ASSOC. OR PROGRAM, INC.
MACDONALD CENTER OR
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Section 8
U.S. Communities Additional Provisions
EVERGREEN AVIATION OR WORD OF LIFE COMMUNITY OR
MUSEUM AND CAP. MICHAEL CHURCH
KING. SOCIAL VENTURE PARTNERS OR
SELF ENHANCEMENT INC. OR PORTLAND
FRIENDS OF THE CHILDREN OR OREGON PROGRESS FORUM OR
SOUTH LANE FAMILY NURSERY OR CENTER FOR RESEARCH TO OR
DBA FAMILY RELIEF NURSE PRACTICE
COMMUNITY VETERINARY OR WESTERN RIVERS OR
CENTER CONSERVANCY
PORTLAND SCHOOLS OR UNITED WAY OF THE OR
FOUNDATION COLUMBIA WILLAMETTE
SUSTAINABLE NORTHWEST OR EUGENE BALLET COMPANY OR
OREGON DEATH WITH DIGNITY OR EAST WEST MINISTRIES OR
BIRCH COMMUNITY SERVICES, OR INTERNATIONAL
INC. SISKIYOU INITIATIVE OR
BAY AREA FIRST STEP, INC. OR EDUCATIONAL POLICY OR
OSLC COMMUNITY PROGRAMS OR IMPROVEMENT CENTER
EN AVANT,INC. OR North Pacific District of Foursquare OR
ASHLAND COMMUNITY OR Churches
HOSPITAL CATHOLIC CHARITIES OR
NORTHWEST ENERGY OR FIRST CHURCH OF THE OR
EFFICIENCY ALLIANCE NAZARENE
BONNEVILLE ENVIRONMENTAL OR WESTSIDE BAPTIST CHURCH OR
FOUNDATION Housing Development Center OR
SUMMIT VIEW COVENANT OR Hoodview Christian Church OR
CHURCH Child Evangelism Fellowship OR
SALMON-SAFE INC. OR Little Promises Chlildren's Program OR
BETHEL CHURCH OF GOD OR UNION GOSPEL MISSION OR
PROVIDENCE HOOD RIVER OR GRACE BAPTIST CHURCH OR
MEMORIAL HOSPITAL
SAINT ANDREW NATIVITY OR COMMUNITY ACTION OR
ORGANIZATION
SCHOOL
BARLOW YOUTH FOOTBALL OR OUTSIDE IN OR
SPOTLIGHT THEATRE OF OR MAKING MEMORIES BREAST OR
PLEASANT HILL CANCER FOUNDATION, INC.
FAMILIES FIRST OF GRANT OR ELAW OR
COUNTY,INC. COMMUNITY HEALTH CENTER, OR
TOUCHSTONE PARENT OR INC
ORGANIZATION Greater Portland INC OR
CANCER CARE RESOURCES OR Eugene Builders Exchange OR
CASCADIA REGION GREEN OR Boys& Girls Club of Corvallis OR
BUILDING COUNCIL Southeast Uplift Neighborhood OR
SHERMAN DEVELOPMENT OR Coalition
LEAGUE, INC. First United Presbyterian Church OR
SC1ENCEWORKS OR PDX Wildlife OR
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Section 8
U.S. Communities Additional Provisions
Friends of the Opera House OR Northwest Habitat Institute OR
Jackson-Josephine 4-C Council OR Winding Waters Medical Clinic OR
North Coast Family Fellowship OR First Baptist Church OR
P E C I OR The Nature Conservancy,Willamette OR
Childswork Learning Center OR Valley Field Office
Portland Schools Alliance OR Serenity Lane Health Services OR
New Artists Performing Arts OR Portland Community Reinvestment OR
Productions, Inc. Initiatives, Inc.
Relief Nursery OR Christians As Family Adovates OR
St. Mary's Episcopal Church OR GeerCrest Farm&Historical Society OR
Viking Sal Senior Center OR College United Methodist Church OR
Boys and Girls Club of the rogue OR The Collins Foundation OR
valley Prince of Peace Lutheran Church & OR
Lincoln City Chamber of Commerce OR School
DrupalCon Inc.,DBA Drupal OR NEDCO OR
Association
Albany Partnership for Housing and OR Salem Evangelical Church OR
Community Development Wild Lilac Child Development OR
SEED OF FAITH MINISTRIES OR Community
Hermiston Christian Center& School OR Daystar Education, Inc. OR
SALEM FREE CLINICS OR Oregon Social Learning Center OR
Dress for Success Oregon OR Pain Society of Oregon OR
Beaverton Rock Creek Foursquare OR environmental law alliance worldwide OR
Church Community in Action OR
St Paul Catholic Church OR Safe Harbors OR
St Mary's Catholic School and Parish OR FIRST CHRISTIAN CHURCH OR
Polk Soil and Water Conservation OR Pacific Classical Ballet OR
District Depaul Industries OR
Street Ministry OR African American Health Coalition OR
La Grande Church of the Nazarene OR Jesus Prayer Book OR
Spruce Villa, Inc. OR Coalition Of Community Health OR
OREGON SCHOOL BOARDS OR River Network OR
ASSOCIATION CCI Enterprises Inc OR
House of Prayer for All Nations OR Oregon Nurses Association OR
Sacred Heart Catholic Church OR GOODWILL INDUSTRIES OF THE OR
African American Health Coaliton, OR COLUMBIA WILLAMETTE
Inc. Mount Angel Abbey OR
Happy Canyon Company OR YMCA OF ASHLAND OR
Village Home Education Resource OR YMCA OF COLUMBIA- OR
Center WILLAMETTE ASSOCIATION
Monet's Children's Circle OR SERVICES
Multnomah Law Library OR
Cascade Housing Association OR Friends Of Tryon Creek State P OR
Dayspring Fellowship OR
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Section 8
U.S. Communities Additional Provisions
Ontrack Inc. OR Grace Chapel OR
Calvin Presbyterian Church OR CHILDREN'S MUSEUM 2ND OR
HOLT INTL CHILD OR Solid Rock OR
St John The Baptist Catholic OR West Chehalem Friends Church OR
Portland Foursquare Church OR Guide Dogs For The Blind OR
Portland Christian Center OR Aldersgate Camps and Retreats OR
Church Extension Plan OR St. Katherine's Catholic Church OR
Occu Afghanistan Relief Effort OR The Alliance NW of the Christian & OR
EUGENE FAMILY YMCA OR Missionary Alliance
Christ The King Parish and School OR Bags of Love OR
Newberg Christian Church OR Grand View Baptist Church OR
First United Methodist Church OR Green Electronics Council OR
Zion Lutheran Church OR Scottish Rite OR
Southwest Bible Church OR Western Wood Products Association OR
Community Works Inc OR THE NEXT DOOR OR
Masonic Lodge Pearl 66 OR NATIONAL PSORIASIS OR
Molalla Nazarene Church OR FOUNDATION
Transition Projects,Inc OR NEW BEGINNINGS CHRISTIAN OR
St Michaels Episcopal Church OR CENTER
HIGHLAND UNITED CHURCH OF OR
Saint Johns Catholich Church OR CHRIST
Access Inc OR OREGON REPERTORY SINGERS OR
Community Learning Center OR HIGHLAND HAVEN OR
Old Mill Center for Children and OR FAIR SHARE RESEARCH AND OR
Families EDUCATION FUND
Sunny Oaks Inc OR Oregon Satsang Society,Inc.,A OR
Hospice Center Bend La Pine OR chartered Affiliate of ECKANKAR ,
Westside Foursquare Church OR ECKA
Relief Nursery Inc OR First Baptist Church of Enterprise OR
Morning Star Community Church OR The Canby Center OR
MULTNOMAH DEFENDERS INC OR REDMOND FIRE& RESCUE OR
Providence Health System OR Instituto de Cultura y Arte In Xochitl OR
In Cuicatl
Holy Trinity Catholic Church OR
Holy Redeemer Catholic Church OR McKenzie Personnel Systems OR
Alliance Bible Church OR OSLC COMMUNITY PROGRAMS OR
OCP
CARE OREGON OR Oregon Nikkei Endowment OR
Mid Columbia Childrens Council OR Grace Community Church OR
HUMANE SOCIETY OF OR Eastern Oregon Alcoholism OR
REDMOND Foundation
Our Redeemer Lutheran Church OR Grantmakers for Education OR
Kbps Public Radio OR The Spiral Gallery OR
Skyball Salem Keizer Youth Bas OR The ALS Association Oregon and SW OR
Open Technology Center OR Washington Chapter
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Section 8
U.S. Communities Additional Provisions
Children's Relief Nursery OR LUKE DORF INC OR
Home Builders OR FAMILY CARE INC OR
New Life Baptist Church OR MEDICAL TEAMS INTL OR
Feral Cat Awareness Team OR Clean Slate Canine Rescue& OR
Florence United Methodist Church OR Rehabilitation
World of Speed OR St. Martins Episcopal church OR
SW Community Health Center OR Food for Lane County OR
Energy Trust of Oregon OR Clatsop Behavioral Healthcare OR
St.Vincent de Paul Church OR columbia gorge discovery center and OR
Fr. Bernard Youth Center OR museum
Oregon Psychoanalytic Center OR NAMI of Washington County OR
Store to Door OR American Legion Aloha Post 104 OR
Oregon Translational Research and OR The Dalles Art Association OR
Development Insitute Temple Beth Israel OR
Depaul Industries OR Willamette Leadership OR
OUR LADY OF PERPETUAL HELP OR Academy/Pioneer Youth Corps Of
CATHOLIC CHURCH ALBANY Oregon
OREGON Rose Haven OR
SELCO Community Credit Union OR Dallas Church OR
Prairie Baptist Church OR OREGON STATE UNIVERSITY OR
North Coast Christian Church OR BOOKSTORE INC
Union County Economic OR NORTH WILLAMETTE VALLEY OR
Development Corp.
HABITAT FOR HUMANITY
Camelto Theatre Company OR FAIRFIELD BAPTIST CHURCH OR
Camp Fire Columbia OR Sexual Assault Support Services OR
TAKE III OUTREACH OR Neskowin Valley School OR
Rolling Hills Community Church OR RON WILSON CENTER FOR OR
Eugene Swim and Tennis Club OR EFFECTIVE LIVING INC
Summa Institute OR St.Joseph Shelter OR
Amani Center OR The Inn Home for Boys,Inc.9138 OR
Billy Webb Elks lodge#1050 OR MCKENZIEWATERSHED OR
Silverton Senior Center OR COUNCIL
First Evangelical Presbyterian Church OR Opportunity Connections OR
of Oregon City MENNONITE HOME OF ALBANY OR
Joyful Servant Lutheran Church OR INC
Sandy Seventh-day Adventist Church OR Oregon Technical Assistance OR
Muddy Creek Charter School OR Corporation
A FAMILY FOR EVERY CHILD OR Oregon And Southern Idaho Laborers OR
1000 FRIENDS OF OREGON OR Employers Training School
OREGON PEDIATRIC SOCIETY OR New Life Fellowship Church of God OR
NONPROFIT ASSOCIATION OF OR Gladstone Senior Center OR
OREGON Education Travel&Culture, Inc. OR
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Section 8
U.S. Communities Additional Provisions
Rural Development Initiatives OR The Church of Christ of Latter Day OR
Jason Lee Manor/UMRC OR Saints
Jesus Pursuit Church OR Cascade Height Public Charter OR
YMCA of Marion and Polk Counties OR School PTA
PacificSource Health OR G.O.B.H.I OR
Faith Christian Fellowship OR Association of Oregon Corrections OR
Brookings Elks Lodge OR EMployees,Inc.
Tualatin Lacrosse Club OR A Jesus Church Family OR
Tillamook Seventh Day Adventist OR 300 Main Inc OR
Church Southwestern Oregon Public OR
Oregon Jewish Community OR Defender Services, Inc.
Foundation Albertina Kerr Centers OR
East River Fellowship OR Dufur Christian Church OR
Holy Family Academy OR St. Matthew Catholic School OR
FIRST BAPTIST CHURCH OF OR Serendipity Center Inc OR
EUGENE Yellowhawk Tribal Health OR
PORTLAND METRO OR
RESIDENTIAL SERVICES CASA of Marion County OR
Peace Lutheran Church OR Oregoinans for Food& Shelter OR
Living Word Christian Center OR Westside Church of Christ Inc OR
Housing Authority of Douglas OR Northwest Family Services OR
County Network Charter School OR
Vietnamese Christian Community OR Ride Connecton OR
Church Parenting Now! OR
Forest Park Conservancy OR Christian Church of Woodburn OR
Friends for Animals OR Verde OR
Family Building Blocks OR Native American Youth and Family OR
Goodwill Industries of Lane and OR Center Early College Academy
South Coast USO Northwest OR
Agia Sophia Academy OR Norkenzie Christian Church OR
Friends of Driftwood Library OR Little Flower Development Center OR
Consumers Power Inc. OR TLO Farms OR
A. C.Gilbert's Discovery Village OR Evergreen Wings and Waves OR
First Lutheran Church of Astoria OR Ascension Episcopal Parish OR
Fund For Christian Charity OR Center for Family Development OR
Deer Meadow Assisted Living OR West Salem Foursquare Church OR
Oregon Laborers-Employer OR Good Samaritan Ministry OR
Administrative Fund, LLC Grace Lutheran Church of Molalla OR
Umpqua Basin Water Association OR Trinity Lutheran OR
Alpha Lambda House Corporation OR HOPE LUTHERAN CHURCH OR
St John Fisher Catholic Church OR Mount Pisgah Arboretum OR
Portland Oregon Redeemer Lutheran Church OR
Eugene Creative Care OR Disjecta Contemporary Art Center OR
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Section 8
U.S. Communities Additional Provisions
Korean Central Covenant Church of OR Smith Memorial Presbyterian Church OR
Eugene Western Arts Alliance OR
Yankton Baptist Church OR Youth Dynamics OR
BioGift Anatomical OR Ashland Art Center OR
Lower Columbia Estuary Partnership OR Apostolic Church of Jesus Christ OR
Mt Hood Hospice OR DOUGLAS FOREST PROTECTIVE OR
Opportunity Foundation of central OR Oregon Lyme Disease Network OR
Oregon Ecotrust OR
Constructing Hope OR SPECIAL MOBILITY SERVICES OR
Sprinkfield Elks#2145 OR Bethlehem Christian Pre-School OR
Abuse Recovery Ministry& Services OR Historical Outreach Foundation OR
Oasis Shelter Home OR Teras Interventions and Counseling OR
ST HENRYS CHURCH OR Inc
Nehalem Bay House OR Brooklyn Primary PTO OR
UNITED METHODIST CHURCH OR Mountain View Academy OR
p:ear OR Salem Area Chamber of Commerce OR
Health Share of Oregon OR First Congregational Chrch OR
St. Peter Catholic Church OR OREGON STATE FAIR OR
Mid Willamette Valley Community OR Tri-County Chamber of Commerce OR
Action Inc
Ronald McDonald House Charities of OR
A Hope For Autism Foundation OR Oregon& Southwest Washington
NW Sport Fishing OR Center for Human Development OR
Breast Friends OR SafeHaven Humane Society OR
SEPTL Southeast Portland Tool OR Rainier Assembly of God OR
Library
Kids Unllimited Academy OR EUGENE CHRISTIAN OR
Cappella Romana OR FELLOWSHIP
Bridges to Change OR
National Christian Community OR DePaul Treatment Centers,Inc. OR
Foundation
Ministerio International Casa OR
Legal Aid Services of Oregon LITC OR New Paradise Worship Center OR
Willamette Valley Babe Ruth OR Mission Increase Foundation OR
Center For Continuous Improvement OR
Curry Public Transit Inc OR
Northwest Center for Alternatives to OR THREE RIVERS CASINO OR
Pesticides
Brookings Harbor Christian School OR
Junction City/Harrisburg/Monroe OR Bethesda Lutheran Church OR
Habitat for Humanity
Legacy Mt. Hood Medical Center OR
The Followers of Christ Church of OR Adelante Mujeres OR
Oregon City
Yamhill Community Care OR
SEIU Local 49 OR Organization
Emerald Media Group OR Portland Japanese Garden OR
West Hills Christian School OR The Madeleine Parish OR
Trillium Sprigs OR The Tucker-Maxon Oral School OR
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Section 8
U.S. Communities Additional Provisions
Southwest Neighborhoods,Inc OR THE MILL CASINO OR
Wallowa Valley Center For Wellness OR Oregon State University OR
KIDS INTERVENTION AND OR Treasure Valley Community College OR
DIAGNOSTIC CENTER Unviersity of Oregon OR
Portland Yacht Club OR OREGON UNIVERSITY SYSTEM OR
League of Women Voters OR University of Western States OR
Oregon& Southern Idaho District OR GEORGE FOX UNIVERSITY OR
Council of Laborers' LEWIS AND CLARK COLLEGE OR
Portland Police Sunshine Division OR PACIFIC UNIVERSITY OR
Curry Health Network OR REED COLLEGE OR
United Way of Lane County OR WILLAMETTE UNIVERSITY OR
The Lighthouse School OR LINFIELD COLLEGE OR
Great Portland Bible OR MULTNOMAH BIBLE COLLEGE OR
College Possible OR NORTHWEST CHRISTIAN OR
Unithed Way OR COLLEGE
Community Energy Project OR NATIONAL COLLEGE OF OR
Bridgeport Community Chapel OR NATURAL MEDICINE
Portland Oregon Visitors Association OR BLUE MOUNTAIN COMMUNITY OR
Southern Oregon Project Hope OR COLLEGE
PORTLAND STATE UNIV. OR
Our United Villages OR CLACKAMAS COMMUNITY OR
Samaritan Health Services Inc. OR COLLEGE
Santiam Assembly of God OR MARYLHURST UNIVERSITY OR
CASCADES WEST FINANCIAL OR OREGON HEALTH AND SCIENCE OR
SERVICES IN UNIVERSITY
Kilchis House OR BIRTHINGWAY COLLEGE OF OR
Calvary Assembly of God OR MIDWIFERY
Lake Grove Presbyterian Church OR pacific u OR
Grace Lutheran School OR UNIVERSITY OF OREGON OR
Western Mennonite School OR CONCORDIA UNIV OR
OEA CHOICE TRUST OR Marylhurst University OR
American Tinnitus Association OR Corban College OR
Oregon Coast Aquarium, Inc. OR Oregon Center For Advanced T OR
HOPE POINT CHURCH OR UNIVERSITY OF PORTLAND OR
Unitus Community Credit Union OR Portland Actors Conservatory OR
St John the Baptist Greek Orthodox OR University Of Oregon Athletics OR
Church Department
COLUMBIA PACIFIC ECONOMIC OR Ecola Bible School OR
DEVELOPMENT DISTRICT OF WARNERPACIFIC COLG OR
OREGON Beta Omega Alumnae OR
St Andrews Presbyterian OR Oregon Institute of Technology OR
Oregon Rural Electric Cooperative OR EASTERN OREGON UNIVERSITY OR
Association Wilco Farmers OR
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Section 8
L.S. Communities Additional Provisions
Harvest Church OR Coquille Economic Development OR
Sociecty of American Foresters OR Corporation
Clackamas River Water Providers OR CITY/COUNTY INSURANCE OR
eickhoff dev co inc OR SERVICE
Cornerstone Association Inc OR COMMUNITY CYCLING CENTER OR
The Klamath Tribe OR Shangri La OR
advocate care OR Portland Impact OR
Cannon Beach Fire OR Eagle Fern Camp OR
Life Flight Network LLC OR KLAMATH FAMILY HEAD OR
OREGON DEPT OF FISH& OR START
WILDLIFE-SAUVIE RIVER CITY DANCERS OR
Oregon Permit Technical Association OR
COVENANT RETIREMENT OR KEIZER EAGLES AERIE 3895 OR
COMMUNITIES
PENTAGON FEDERAL CREDIT OR Pgma/Cathie Bourne OR
UNION Sunrise Water OR
SAIF CORPORATION OR Burns Paiute Tribe OR
GREATER HILLSBORO AREA OR Oregon Public Broadcasting OR
CHAMBER OF COMMERCE La Grande Family Practice OR
LANE ELECTRIC COOPERATIVE OR Linn Benton Lincoln Educational OR
USAGENCIES CREDIT UNION OR Services District
PACIFIC CASCADE FEDERAL OR Ricoh USA OR
CREDIT UNION Sphere MD OR
LOCAL GOVERNMENT OR BIENESTAR, INC. OR
PERSONNEL INSTITUTE sunrise water authority OR
GRANTS PASS MANAGEMENT OR Mountain Valley Therapy OR
SERVICES,DBA EAstern Oregon Trade and Event OR
SPIRIT WIRELESS OR Center
Kartini Clinic OR Waste-Pro OR
Astra OR NPKA OR
Beit Hallel OR IBEW280 OR
Cvalco OR Confederated Tribes of Warm Springs OR
Elderhealth and Living OR Point West Credit Union OR
OREGON CORRECTIONS OR Oregon State Credit Union OR
ENTERPRISES PIONEER TELEPHONE OR
OREGON STATE HOSPITAL OR COOPERATIVE
OFFICE OF PUBLIC DEFENSE OR Halsey-Shedd Fire District OR
SERVICES Northwest Power and Conservation OR
Clatskanie People's Utility District OR Council
PIONEER COMMUNITY OR Oregon Funeral Directors Association OR
DEVELOPMENT
MARION COUNTY HEALTH OR Nez Perce Tribe OR
DEPT Obsidian Urgent Care,P.C. OR
Ricoh USA OR First Presbyterian Church of La OR
Heartfelt Obstetrics&Gynecology OR Grande
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Section 8
U.S. Communities Additional Provisions
CONFLUENCE OR Tualatin Soil and Water Conservation OR
ENVIRONMENTAL CENTE District
A&I Benefit Plan Administrators, Inc. OR Silverton Fire District OR
K Churchill Estates OR Lewis and Clark Rural Fire Protection OR
CSC HEAD START OR District
NORTHWEST VINTAGE CAR OR Rainbow Water District OR
AND MOTORCYCLE
Illinois Valley Fire District OR
crescent grove cemetery OR Clatskanie RFPD OR
Port of Toledo OR PORT OF TILLAMOOK BAY OR
Roseburg Police Department OR TRI-COUNTY HEALTH CARE OR
Molalla Rural Fire Protection District OR SAFETY NET ENTERPRISE
MONMOUTH - INDEPENDENCE OR METROPOLITAN EXPOSITION- OR
NETWORK RECREATION COMMISSION
EUGENE WATER& ELECTRIC OR REGIONAL AUTOMATED OR
BOARD INFORMATION NETWORK
MALIN COMMUNITY PARK AND OR
RECREATION DISTRICT OAK LODGE WATER DISTRICT OR
TILLAMOOK PEOPLES UTILITY OR THE PORT OF PORTLAND OR
DISTRICT WILLAMALANE PARK AND OR
GLADSTONE POLICE OR RECREATION DISTRICT
DEPARTMENT TUALATIN VALLEY WATER OR
GOLD BEACH POLICE OR DISTRICT
DEPARTMENT UNION SOIL&WATER OR
THE NEWPORT PARK AND OR CONSERVATION DISTRICT
RECREATION CENTER LANE EDUCATION SERVICE OR
RIVERGROVE WATER DISTRICT OR DISTRICT
TUALATIN VALLEY FIRE& OR TUALATIN HILLS PARK AND OR
RESCUE RECREATION DISTRICT
GASTON RURAL FIRE OR PORT OF SIUSLAW OR
DEPARTMENT CHEHALEM PARK AND OR
CITY COUNTY INSURANCE OR RECREATION DISTRICT
SERVICES
SOUTH SUBURBAN SANITARY OR PORT OF ST HELENS OR
DISTRICT LANE TRANSIT DISTRICT OR
SOUTH FORK WATER BOARD OR CENTRAL OREGON OR
SUNSET EMPIRE PARK AND OR INTERGOVERNMENTAL
RECREATION COUNCIL
SPRINGFIELD UTILITY BOARD OR HOODLAND FIRE DISTRICT OR
NO.74
Tillamook Urban Renewal Agency OR
MID
MID COLUMBIA COUNCIL OF OR
Netarts Water District OR GOVERNMENTS
OAK LODGE SANITARY OR WEST MULTNOMAH SOIL AND OR
DISTRICT WATER CONSERVATION
Boardman Rural Fire Protection OR DISTRICT
District SALEM AREA MASS TRANSIT OR
DISTRICT
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Section 8
U.S. Communities Additional Provisions
Banks Fire District#13 OR Woodburn City Of OR
KLAMATH COUNTY 9-1-1 OR Brookings Fire/Rescue OR
GLENDALE RURAL FIRE OR City of Veneta OR
DISTRICT CITY OF DAMASCUS OR
COLUMBIA 911 OR Hermiston Fire& Emergency Svcs OR
COMMUNICATIONS DISTRICT CEDAR MILL COMMUNITY OR
CLACKAMAS RIVER WATER OR LIBRARY
NW POWER POOL OR CITY OF LAKE OSWEGO OR
Lowell Rural Fire Protection District OR LEAGUE OF OREGON CITIES OR
TriMet Transit OR CITY OF SANDY OR
Estacada Rural Fire District OR CITY OF ASTORIA OREGON OR
Keizer Fire District OR CITY OF BEAVERTON OR
State Accident Insurance Fund OR CITY OF BOARDMAN OR
Corporation CITY OF CANBY OR
Bend Metro Park& Recreation OR CITY OF CANYONVILLE OR
District CITY OF CENTRAL POINT OR
Port of Hood River OR POLICE DEPARTMENT
La Pine Park&Recreation District OR CITY OF CLATSKANIE OR
Brookings-HArbor School District OR CITY OF CONDON OR
I 7 CITY OF COOS BAY OR
Siuslaw Public Library District OR
Tri-County Metropolitan OR CITY OF CORVALLIS OR
Transportation District of Oregon CITY OF CRESWELL OR
("TriMet") CITY OF ECHO OR
Columbia River Fire& Rescue OR CITY OF ESTACADA OR
Fern Ridge Library District OR CITY OF EUGENE OR
Bend Park and Recreation District OR CITY OF FAIRVIEW OR
Port of Garibaldi OR CITY OF GEARHART OR
Seal Rock Water District OR CITY OF GOLD HILL OR
Rockwood Water P.U.D. OR CITY OF GRANTS PASS OR
Tillamook Fire District OR CITY OF GRESHAM OR
Tillamook County Transportation OR CITY OF HILLSBORO OR
Dist CITY OF HOOD RIVER OR
Central Lincoln People's Utility OR CITY OF JOHN DAY OR
District CITY OF KLAMATH FALLS OR
Jefferson Park and Recreation OR CITY OF LA GRANDE OR
City of Monmouth/Public Works OR CITY OF MALIN OR
McMinnville Police Department OR CITY OF MCMINNVILLE OR
Long Creek School District OR CITY OF HALSEY OR
City of Sublimity OR CITY OF MEDFORD OR
City of Central Point Parks and OR CITY OF MILL CITY OR
Recreation CITY OF MILWAUKIE OR
Gearhart Fire Department OR CITY OF MORO OR
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Section 8
U.S. Communities Additional Provisions
CITY OF MOSIER OR CITY OF DUNDEE OR
CITY OF NEWBERG OR CITY OF AURORA OR
CITY OF OREGON CITY OR THE CITY OF NEWPORT OR
CITY OF PILOT ROCK OR CITY OF ALBANY OR
CITY OF POWERS OR CITY OF ASHLAND OR
RAINIER POLICE DEPARTMENT OR CITY OF LEBANON OR
CITY OF REEDSPORT OR CITY OF PORTLAND OR
CITY OF RIDDLE OR CITY OF SALEM OR
CITY OF SCAPPOOSE OR CITY OF SPRINGFIELD OR
CITY OF SEASIDE OR METRO OR
CITY OF SILVERTON OR CITY OF BURNS OR
CITY OF STAYTON OR CITY OF COTTAGE GROVE OR
City of Troutdale OR CITY OF DALLAS OR
CITY OF TUALATIN,OREGON OR CITY OF FALLS CITY OR
CITY OF WARRENTON OR CITY OF PHOENIX OR
CITY OF WEST LINN/PARKS OR CITY OF PRAIRIE CITY OR
CITY OF WOODBURN OR CITY OF REDMOND OR
CITY OF TIGARD, OREGON OR CITY OF SHERWOOD OR
CITY OF AUMSVILLE OR City of junction city OR
CITY OF PORT ORFORD OR City of Florence OR
CITY OF EAGLE POINT OR Columbia Gorge Community OR
CITY OF WOOD VILLAGE OR City of Dayton OR
St. Helens,City of OR City of Carlton OR
CITY OF WINSTON OR City of Pendleton Convention Center OR
CITY OF COBURG OR City of Monmouth OR
CITY OF NORTH PLAINS OR City of Philomath OR
CITY OF GERVAIS OR City of Sheridan OR
CITY OF YACHATS OR Seaside Public Library OR
FLORENCE AREA CHAMBER OF OR City of Yoncalla OR
COMMERCE La Grande Police Department OR
PORTLAND DEVELOPMENT OR Cove City Hall OR
COMMISSION NW PORTLAND INDIAN HEALTH OR
CITY OF CANNON BEACH OR OR BOARD
CITY OF ST. PAUL OR Portland Patrol Services OR
CITY OF ADAIR VILLAGE OR City Of Bend OR
CITY OF WILSONVILLE OR City Of Coquille OR
CITY OF HAPPY VALLEY OR City Of Molalla OR
CITY OF SHADY COVE OR ROCKWOOD WATER PEOPLE'S OR
CITY OF LAKESIDE OR UTILITY DISTRICT
CITY OF MILLERSBURG OR City of St. Helens OR
CITY OF GATES OR City of North Powder OR
KEIZER POLICE DEPARTMENT OR City of Eugene OR
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Section 8
U.S. Communities Additional Provisions
City of Cornelius,OR OR Clatsop Care Health District-Clatsop OR
Toledo Police Department OR Retirement Village
City of Independence OR Netarts-Oceanside RFPD OR
City of Cascade Locks OR UNC OR
City of Columbia City OR Rogue River Fire District OR
City of Baker City OR Aurora Rural Fire District OR
McMinnville Water&Light OR Tillamook County Emergency OR
City of Pendleton Parks& Recreation OR Communications District
CITY OF HEPPNER OR Southern Coos Hospital OR
CITY OF SWEETHOME OR Oregon Cascades West Council of OR
CITY OF THE DALLES OR Governments
CLACKAMAS FIRE DIST#1 OR MULTONAH COUNTY OR
DESCHUTES PUBLIC LIBRARY OR DRAINAGE DISTRICT#1
STAYTON FIRE DISTRICT OR PORT OF BANDON OR
Lake County Chamber of Commerce OR OR INT'L PORT OF COOS BAY OR
Inc MID-COLUMBIA CENTER FOR OR
City of Ontario OR LIVING
City of Corvallis Parks and OR DESCHUTES COUNTY RFPD OR
Recreation NO.2
North Lincoln Fire&Rescue#1 OR YOUNGS RIVER LEWIS AND OR
Gresham Police Department OR CLARK WATER DISTRICT
City of Harrisburg OR PACIFIC STATES MARINE OR
Gladstone Public Library OR FISHERIES COMMISSION
City of Portland Parks Bureau OR CENTRAL OREGON IRRIGATION OR
City of Astoria Parks Dept. OR DISTRICT
Seaside Fire& Rescue OR MARION COUNTY FIRE DISTRCT OR
Florence Police Department OR #1
City Of North Bend OR COLUMBIA RIVER PUD OR
City of Union OR SANDY FIRE DISTRICT NO. 72 OR
City of Nehalem OR BAY AREA HOSPITAL DISTRICT OR
City of Richland OR NEAH KAH NIE WATER OR
CITY OF LINCOLN CITY OR DISTRICT
PORT OF UMPQUA OR
City of Donald OR EAST MULTNOMAH SOIL AND OR
City of Milton-Freewater OR WATER CONSERVANCY
CITY OF SCID OR Benton Soil&Water Conservation OR
City of Forest Grove OR District
City Govrnment OR DESCHUTES PUBLIC LIBRARY OR
City of Mt. Angel OR SYSTEM
Albany Police Department OR CLEAN WATER SERVICES OR
Umatilla Electric Cooperative OR North Douglas County Fire&EMS OR
WATER ENVIRONMENT OR Crooked River Ranch Rural Fire OR
SERVICES Protection District
Polk County Fire District No.1 OR
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Section 8
U.S. Communities Additional Provisions
PARROTT CREEK CHILD& FAM OR OREGON TOURISM OR
South Lane County Fire And Rescue OR COMMISSION
Lake Chinook Fire& Rescue OR OREGON STATE POLICE OR
Clackamas County Water OR OFFICE OF THE STATE OR
Environment Services TREASURER
OREGON DEPT. OF EDUCATION OR
Amity Fire District OR SEIU LOCAL 503, OPEU OR
CENTRAL OREGON OR OREGON DEPARTMENT OF OR
COMMUNITY COLLEGE FORESTRY
UMPQUA COMMUNITY OR OREGON STATE DEPT OF OR
COLLEGE CORRECTIONS
LANE COMMUNITY COLLEGE OR OREGON CHILD DEVELOPMENT OR
MT. HOOD COMMUNITY OR COALITION
COLLEGE OFFICE OF MEDICAL OR
LINN-BENTON COMMUNITY OR ASSISTANCE PROGRAMS
COLLEGE
SOUTHWESTERN OREGON OR OREGON OFFICE OF ENERGY OR
COMMUNITY COLLEGE OREGON STATE BOARD OF OR
PORTLAND COMMUNITY OR NURSING
COLLEGE BOARD OF MEDICAL OR
CHEMEKETA COMMUNITY OR EXAMINERS
COLLEGE OREGON LOTTERY OR
ROGUE COMMUNITY COLLEGE OR OREGON BOARD OF OR
COLUMBIA GORGE OR ARCHITECTS
COMMUNITY COLLEGE SANTIAM CANYON OR
COMMUNICATION CENTER
TILLAMOOK BAY COMMUNITY OR OREGON DEPT OF OR
COLLEGE TRANSPORTATION
KLAMATH COMMUNITY OR OREGON TRAVEL OR
COLLEGE DISTRICT INFORMATION COUNCIL
Oregon Coast Community College OR OREGON DEPARTMENT OF OR
Clatsop Community College OR EDUCATION
North Portland Bible College OR OREGON DEPT.OF OR
OREGON COMMUNITY OR CORRECTIONS
COLLEGE ASSOCIATION DEPARTMENT OF OR
Umpqua Valley Public Defender OR ADMINISTRATIVE SERVICES
Teacher Standards and Pracitices OR Oregon Board of Massage Therapists OR
Commission Oregon Tradeswomen OR
Salem Keizer School District OR Oregon Convention Center OR
Purchasing OREGON SCHL BRDS ASSOCIAT OR
Kdry Channel 12 OR Central Oregon Home Health and Hos OR
Opta Oregon Permit Technician OR Oregon Health Care Quality Cor OR
Oregon Forest Resources Institute OR OREGON DEPARTMENT OF OR
Office of the Ong Term Care OR HUMAN SERVICES
Ombudsman Oregon Air National Guard OR
Oregon State Lottery OR Training& Employment OR
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Section 8
U.S. Communities Additional Provisions
State of Oregon-Department of OR HOUSING AUTHORITY OF THE OR
Administrative Services CITY OF SALEM
Aging and People with Disabilities OR Housing Authority of Yamhill County OR
Department of Administrative OR The Housing Authority of the County OR
Services of Umatilla
Oregon State Treasury OR homeforward OR
Oregon State Fair Council OR Hawaii County
Oregon DEQ OR Honolulu County
Procurement Services/DAS OR Kauai County
STATE OF OREGON OR Maui County
OREGON JUDICIAL OR Kalawao County
DEPARTMENT
Oregon State Board of Architect OR Aiea
Examiners Anahola
City of Astoria Fire Department OR Barbers Point N A S
Columbia Gorge ESD OR Camp H M Smith
Nehalem Bay Wastewater OR Captain Cook
Association of Oregon Community OR Eleele
Mental Health Programs Ewa Beach
VA OR Fort Shaffer
US FISH AND WILDLIFE OR Haiku
SERVICE Hakalau
Bonneville Power Administration OR Haleiwa
Bureau Of Land Management OR Hana
Oregon Army National Guard OR Hanalei
USDA Forest Service OR Hanamaulu
Yellowhawk Tribal Health Center OR Hanapepe
ANGELL JOB CORPS OR Hauula
Coquille Indian Housing Authority OR Hawaii National Park
COLLEGE HOUSING OR Hawaiian Ocean View
NORTHWEST Hawi
HOUSING AUTHORITY OF OR Hickam AFB
CLACKAMAS COUNTY Hilo
HOUSING AUTHORITY OF OR Holualoa
PORTLAND
WEST VALLEY HOUSING OR Honaunau
AUTHORITY Honokaa
HOUSING AUTHORITY AND OR Honolulu
COMMUNITY SERVICES Honomu
AGENCY Hoolehua
NORTH BEND CITY-COOS/URRY OR Kaaawa
HOUSING AUTHORITY
Kahuku
MARION COUNTY HOUSING OR Kahului
AUTHORITY
Kailua
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Section 8
U.S. Communities Additional Provisions
Kailua Kona Pahoa
Kalaheo Paia
Kalaupapa Papaaloa
Kamuela Papaikou
Kaneohe Pearl City
Kapaa Pearl Harbor
Kapaau Pepeekeo
Kapolei Princeville
Kaumakani Pukalani
Kaunakakai Puunene
Kawela Bay Schofield Barracks
Keaau Tripler Army Medical Center
Kealakekua Volvano
Kealia Wahiawa
Keauhou Waialua
Kekaha Waianae
Kihei Waikoloa
Kilauea Wailuku
Koloa Waimanalo
Kualapuu Waimea
Kula Waipahu
Kunia Wake Island
Kurtistown Wheeler Army Airfield
Lahaina Brigham Young University-Hawaii
Laie Chaminade University of Honolulu
Lanai City Hawaii Business College
Laupahoehoe Hawaii Pacific University
Lawai Hawaii Technology Institute
Lihue Heald College-Honolulu
M C B H Kaneohe Bay Remington College- Honolulu
Makawao Campus
Makaweli University of Phoenix-Hawaii
Maunaloa Campus
Hawaii Community College
Mililani Honolulu Community College
Mountain View Kapiolani Community College
Naalehu Kauai Community College
Ninole Leeward Community College
Ocean View Maui Community College
Ookala University of Hawaii at Hilo
Paauhau University of Hawaii at Manoa
Paauilo Windward Community College
Pahala
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Section 8
U.S. Communities Additional Provisions
FEMA STANDARD TERMS AND CONDITIONS ADDENDUM
FOR CONTRACTS AND GRANTS
If any purchase made under the Master Agreement is funded in whole or in part by Federal
Emergency Management Agency("FEMA")grants,Contractor shall comply with all federal laws
and regulations applicable to the receipt of FEMA grants,including,but not limited to the
contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 ("44 CFR
13").
In addition,Contractor agrees to the following specific provisions:
1. Pursuant to 44 CFR 13.36(i)(1),City is entitled to exercise all administrative,contractual,
or other remedies permitted by law to enforce Contractor's compliance with the terms of this
Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43.
2. Pursuant to 44 CFR 13.36(i)(2),City may terminate the Master Agreement for cause or
convenience in accordance with the procedures set forth in the Master Agreement and those
provided by 44 CFR 13.44.
3. Pursuant to 44 CFR 13.36(i)(3)-(6)(12),and(13),Contractor shall comply with the
following federal laws:
a. Executive Order 11246 of September 24, 1965,entitled "Equal Employment
Opportunity,"as amended by Executive Order 11375 of October 13, 1967,and as supplemented
in Department of Labor("DOL")regulations(41 CFR Ch.60);
b. Copeland"Anti-Kickback'Act(18 U.S.C.874). as supplemented in DOL
regulations(29 CFR Part 3);
c. Davis-Bacon Act(40 U.S.C.276a-276a-7)as supplemented by DOL regulations
(29 CFR Part 5);
d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-330)as supplemented by DOL regulations(29 CFR Part 5);
e. Section 306 of the Clean Air Act(42 U.S.C. 1857(h),section 508 of the Clean
Water Act(33 U.S.C. 1368), Executive Order 11738,and Environmental
Protection Agency regulations (40 CFR part 15);and
f. 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(Pub. L.94-163, 89 Stat. 871).
4. Pursuant to 44 CFR 13.36(i)(7),Contractor shall comply with FEMA requirements and
regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and
41.
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Section 8
U.S. Communities Additional Provisions
5. Pursuant to 44 CFR 13.36(i)(8),Contractor agrees to the following provisions regarding
patents:
a. All rights to inventions and/or discoveries that arise or are developed,in the
course of or under this Agreement, shall belong to the City and be disposed of in accordance with
City policy.The City, at its own discretion, may file for patents in connection with all rights to
any such inventions and/or discoveries.
6. Pursuant to 44 CFR 13.36(i)(9),Contractor agrees to the following provisions,regarding
copyrights:
a. If this Agreement results in any copyrightable material or inventions,in
accordance with 44 CFR 13.34, FEMA reserves a royalty-free,nonexclusive,and irrevocable
license to reproduce,publish or otherwise use, for Federal Government purposes:
(I) The copyright in any work developed under a grant or contract; and
(2) Any rights of copyright to which a grantee or a contactor purchases ownership with
grant support.
7. Pursuant to 44 CFR 13.36(i)(10),Contractor shall maintain any books,documents,
papers,and records of the Contractor which are directly pertinent to this Master Agreement. At
any time during normal business hours and as often as City deems necessary,Contractor shall
permit City, FEMA,the Comptroller General of United States,or any of their duly authorized
representatives to inspect and photocopy such records for the purpose of making audit,
examination,excerpts,and transcriptions.
8. Pursuant to 44 CFR 13.36(i)(11),Contractor shall retain all required records for three
years after FEMA or City makes final payments and all other pending matters are closed. In
addition,Contractor shall comply with record retention requirements set forth in 44 CFR 13.42.
RFP#269-2017-028 Playground Equipment 96
Section 8
U.S. Communities Additional Provisions
COMMUNITY DEVELOPMENT BLOCK GRANT ADDENDUM
Purchases made under this contract may be partially or fully funded with federal grant funds.
Funding for this work may include Federal Funding sources,including Community Development
Block Grant(CDBG) funds from the U.S. Department of Housing and Urban
Development. When such funding is provided,Contractor shall comply with all terms,conditions
and requirements enumerated by the grant funding source,as well as requirements of the State
statutes for which the contract is utilized,whichever is the more restrictive requirement. When
using Federal Funding,Contractor shall comply with all wage and latest reporting provisions of
the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract.
RFP#269-2017-02$Playground Equipment 97
Section 8
U.S. Communities Additional Provisions
UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract the Contractor agrees to comply with all applicable provisions of
Title 2, Subtitle A,Chapter II,PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES,AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in
Title 2 C.F.R. §200 et seq.
RFP#269-2017-028 Playground Equipment 98
Exhibit A
Sample City Contract
EXHIBIT A—SAMPLE CITY CONTRACT
As used in this Section of the RFP. the term "Contract" shall refer to the agreement entered into
between the City and the Company, and the term "Company" shall refer to the vendor that has
been awarded a contract.
RECITALS
WHEREAS, the City issued a Request For Proposals (RFP # 269-2017-028) for Playground
Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and
Services dated JANURARY 25, 2017. This Request for Proposals together with all attachments
and addenda, is referred to herein as the"RFP'; and
WHEREAS, the City desires that the Company provide certain Playground & Fitness
Equipment, Surfacing, Site Accessories and Related Products and Services ("Services"), and the
Company desires to provide such Services;and
WHEREAS, the City and the Company have negotiated and agreed regarding the above-
referenced Services and desire to reduce the terms and conditions of their agreement to this
written form.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged, and in further consideration of the covenants and representations
contained herein,the parties agree as follows:
CONTRACT
I. EXHIBITS.
The Exhibits below are hereby incorporated into and made a part of this Contract. In
interpreting this Contract and resolving any ambiguities, the main body of this Contract will
take precedence over the Exhibits, and any inconsistency between the Exhibits will be
resolved in the order in which the Exhibits appear below. Each reference to COMPANY
NAME in the Exhibits and Appendices shall be deemed to mean the Company.
1.1. EXHIBIT A: Discount Schedule, Price Lists, And Incentives
1.2. EXHIBIT B: Installation Fees
1.3. EXHIBIT C: National Network Of Distributors And Installers
1.4. EXHIBIT D: Freight Rate Schedules
1.5. EXHIBIT E: Product Warranties
1.6. EXHBIT F: Scope of Work
1.7. EXHIBIT G: U.S. Communities Administrative Agreement
2. DEFINITIONS.
This section may include,but not be limited to,terms defined in Section 1 of the RFP.
3. DESCRIPTION OF PRODUCTS AND SERVICES.
3.1. The Company shall be responsible for providing the Products and Services
referenced in: (a) this Agreement, including in all Exhibits; (b) the Company's
proposal;(c)the RFP;(d) the Documentation;and(e)any functional and/or technical
specifications which are published or provided by the Company or its licensors or
suppliers from time to time with respect to all or any part the Products and Services.
and incorporated herein by reference. Without limiting the foregoing, the Company's
proposal will only take precedence over the RFP to the extent the Company properly
RFP#269-2017-028 Playground Equipment 99
Exhibit A
Sample City Contract
took exception to the terms of the RFI' in tilt: manner required by the RFP.
4. COMPENSATION.
4.1. TOTAL FEES AND CHARGES
The City agrees to pay the Company a fixed price (the "Purchase Price") as full and
complete consideration for the satisfactory performance of all the requirements of
this Contract.This amount constitutes the maximum total fees and charges payable to
the Company under this Contract including Expenses and will not be increased
except by a written instrument duly executed by both parties, which expressly states
that it amends this Section of the Contract.
4.2. NO EXPENSES CHARGEABLE.
The Company shall not be entitled to charge the City for any travel, mileage, meals,
materials or other costs or expenses associated with this Contract.
4.3. EMPLOYMENT TAXES AND EMPLOYEE BENEFITS.
The Company represents and warrants that the employees provided by the Company
to perform the Services are actual employees of the Company,and that the Company
shall be responsible for providing all salary and other applicable benefits to each
Company employee. The Company further represents, warrants and covenants that it
will pay all withholding tax, social security, Medicare, unemployment tax, worker's
compensation and other payments and deductions that are required by law for each
Company employee. The Company agrees that the Company employees are not
employees of the City.
4.4. INVOICES.
Each invoice sent by the Company shall detail all Services performed and delivered
which are necessary to entitle the Company to the requested payment under the terms
of this Contract. All invoices must include the City purchase order number for
purchases made under the Contract. Purchase order numbers will be provided by the
City. Invoices must be submitted with lines matching those on the City-provided
purchase order.
The Company shall email all invoices to cocap®charlottenc.gov with Accounts
Payable(or AP)in the subject line.
Invoices that are addressed directly to City departments and not to Accounts Payable
may not be handled as quickly as invoices that are addressed correctly.
4.5. DUE DATE OF INVOICES.
Payment of invoices shall be due within thirty(30) days after receipt of an accurate,
undisputed properly submitted invoice by the City.
4.6. PRE-CONTRACT COSTS.
The City shall not be charged for any Services or other work performed by the
Company prior to the Effective Date of this Contract.
4.7. AUDIT.
During the term of this Contract and for a period of one (1) year after termination of
this Contract, the City shall have the right to audit, either itself or through an
independent auditor,all books and records and facilities of the Company necessary to
evaluate Company's compliance with the terms and conditions of this Contract or the
City's payment obligations. The City shall pay its own expenses, relating to such
audits, but shall not have to pay any expenses or additional costs of the Company.
However, if non-compliance is found that would have cost the City in excess of
RFP#269-2017-028 Playground Equipment 100
Exhibit A
Sample City Contract
$10,000 but for the audit, then the Company shall be required to reimburse the City
for the cost of the audit.
5. TIME IS OF THE ESSENCE.
Time is of the essence in having the Company perform all Services and deliver all
Deliverables within the time frames provided by this Contract and Exhibit B, including all
completion dates, response times and resolution times (the "Completion Dates"). Except as
specifically stated in this Contract, there shall be no extensions of the Completion Dates. All
references to days in this Contract (including the Exhibits) shall refer to calendar days rather
than business days,unless this Contract provides otherwise for a specific situation.
6. NON-APPROPRIATION OF FUNDS.
If the Charlotte City Council does not appropriate the funding needed by the City to make
payments under this Contract for any given fiscal year, the City will not be obligated to pay
amounts due beyond the end of the last fiscal year for which funds were appropriated. In such
event, the City will promptly notify the Company of the non-appropriation and this Contract
will be terminated at the end of the fiscal year for which the funds were appropriated. No act
or omission by the City, which is attributable to non-appropriation of funds shall constitute a
breach of or default under this Contract.
7. COMPANY PROJECT MANAGER.
The duties of the Company Project Manager include,but are not limited to:
7.1. Coordination of Project schedules and the Company's resource assignment based
upon the City's requirements and schedule constraints;
7,2. Management of the overall Project by monitoring and reporting on the status of the
Project and actual versus projected progress, and by consulting with the City's
Project Manager when deviations occur and by documenting all such deviations in
accordance with agreed upon change control procedures;
7.3. Provision of consultation and advice to the City on matters related to Project
implementation strategies, key decisions and approaches, and Project operational
concerns/issues and acting as a conduit to the Company's specialist resources that
may be needed to supplement the Company's normal implementation staff;
7.4. Acting as the Company's point of contact for all aspects of contract administration,
including invoicing for Services, and status reporting;
7.5. Facilitation of review meetings and conferences between the City and the Company's
executives when scheduled or requested by the City;
7.6. Communication among and between the City and the Company's staff;
7.7. Promptly responding to the City Project Manager when consulted in writing or by E-
mail with respect to Project deviations and necessary documentation;
7.8. Identifying and providing the City with timely written notice of all issues that may
threaten the Company's Services in the manner contemplated by the Contract (with
"timely'meaning immediately after the Company becomes aware of them);
7.9. Ensuring that adequate quality assurance procedures are in place throughout the
Contract;and
7.10. Meeting with other service providers working on City projects that relate to this
effort as necessary to resolve problems and coordinate the Services.
8. CITY PROJECT MANAGER.
RFP#269-2017-028 Playground Equipment 101
Exhibit A
Sample City Contract
The duties of the City Project Manager are to (1) ensure that the Company delivers all
requirements and specifications in the Contract; (2) coordinate the City's resource assignment
as required to fulfill the City's obligations pursuant to the Contract; (3) promptly respond to
the Company Project Manager when consulted in writing or by E-mail with respect to project
issues; and (4) act as the City's point of contact for all aspects of the Services including
contract administration and coordination of communication with the City's staff. The City
shall be allowed to change staffing for the City Project Manager position on one (1) business
day's notice to the Company.
9. DUTY OF COMPANY TO IDENTIFY AND REQUEST INFORMATION,
PERSONNEL AND FACILITIES.
The Company shall identify and request in writing from the City in a timely manner: (i) all
information reasonably required by the Company to perform each task comprising the
Services, (ii) the City's personnel whose presence or assistance reasonably may be required
by the Company to perform each task comprising the Services, and (iii)any other equipment,
facility or resource reasonably required by the Company to perform the Services.
Notwithstanding the foregoing, the Company shall not be entitled to request that the City
provide information, personnel or facilities other than those that Exhibit B specifically
requires the City to provide, unless the City can do so at no significant cost. The Company
shall not be relieved of any failure to perform under this Contract by virtue of the City's
failure to provide any information, personnel, equipment, facilities or resources: (i) that the
Company failed to identify and request in writing from the City pursuant to this Section; or
(ii) that the City is not required to provide pursuant to this Contract. In the event the City fails
to provide any information, personnel, facility or resource that it is required to provide under
this Section, the Company shall notify the City in writing immediately in accordance with the
notice provision of this Contract. Failure to do so shall constitute a waiver by Company of
any claim or defense it may otherwise have based on the City's failure to provide such
information,personnel, facility or resource.
10. COMPANY PERSONNEL REMOVAL,REPLACEMENT,PROMOTION,ETC.
The City will have the right to require the removal and replacement of any personnel of the
Company or the Company's subcontractors who are assigned to provide Services to the City
based on experience, qualifications, performance, conduct, compatibility, and violation of
City policy or any other reasonable grounds. The addition or promotion of any personnel to
key positions within the Project must be approved by the City in writing. The Company will
replace any personnel that leave the Project, with persons having at least equivalent
qualifications who are approved by the City in writing. As used in this Contract, the
"personnel" includes all staff provided by the Company or its subcontractors.
11. BACKGROUND CHECKS.
Prior to starting work under this Contract, the Company is required to conduct a background
check on each Company employee assigned to work under this Contract, and shall require its
subcontractors(if any)to perform a background check on each of their employees assigned to
work under this Contract (collectively, the "Background Checks"). Each Background Check
must include: (a) the person's criminal conviction record from the states and counties where
the person lives or has lived in the past seven(7)years; and(b)a reference check.
After starting work under this Contract, the Company is required to perform a Background
Check for each new Company employee assigned to work under this Contract during that
year, and shall require its subcontractors (if any) to do the same for each of their employees.
If the Company undertakes a new project under this Contract, then prior to commencing
performance of the project the Company shall perform a Background Check for each
RFP#269-2017-028 Playground Equipment 102
Exhibit A
Sample City Contract
Company employee assigned to work on the project, and shall require its subcontractors (if
any)to do the same for each of their employees.
If a person's duties under this Contract fall within the categories described below, the
Background Checks that the Company will be required to perform (and to have its
subcontractors perform)shall also include the following additional investigation:
The Company must follow all State and Federal laws when conducting Background Checks,
including but not limited to the Fair Credit Reporting Act requirements, and shall require its
subcontractors to do the same.
The Company shall notify the City of any information discovered in the Background Checks
that may be of potential concern for any reason.
The City may conduct its own background checks on principals of the Company as the City
deems appropriate. By operation of the public records law, background checks conducted by
the City are subject to public review upon request.
12. ACCEPTANCE OF TASKS AND DELIVERABLES Within a reasonable time after a
particular Deliverable has been completed (or such specific time as may be set forth in
Exhibit B), the Company shall submit a written notice to the City's Project Manager stating
the Deliverable(s) that have been met. This notice shall include a signature page for sign-off
by the City Project Manager indicating acceptance of such Deliverable(s).
If the City Project Manager is not satisfied that the Deliverable(s) has been met, a notice of
rejection (a "Rejection Notice") shall be submitted to the Company by the City Project
Manager that specifies the nature and scope of the deficiencies that the City wants corrected.
Upon receipt of a Rejection Notice, the Company shall: (a) act diligently and promptly to
correct all deficiencies identified in the Rejection Notice, and (b) immediately upon
completing such corrections give the City a written, dated certification that all deficiencies
have been corrected (the "Certification"). In the event the Company fails to correct all
deficiencies identified in the Rejection Notice and provide a Certification within thirty- (30)
days after receipt of the Rejection Notice, the City shall be entitled to terminate this Contract
for default without further obligation to the Company and without obligation to pay for the
defective work.
Upon receipt of the corrected Deliverable(s), or a Certification, whichever is later, the above-
described Acceptance procedure shall recommence. The City shall not be obligated to allow
the Company to recommence curative action with respect to any deficiency previously
identified in a Rejection Notice, or more than once for any given Deliverable (and shall be
entitled to terminate this Contract for default if the Company does not meet this time frame).
13. NON-EXCLUSIVITY.
The Company acknowledges that it is one of several providers of Professional Services to the
City and the City does not represent that it is obligated to contract with the Company for any
particular project.
14. EACH PARTY TO BEAR ITS OWN NEGOTIATION COSTS.
Each party shall bear its own cost of negotiating this Contract and developing the exhibits.
The City shall not be charged for any Services or other work performed by the Company
prior to the Effective Date.
ts. REPRESENTATIONS AND WARRANTIES OF COMPANY.
15A. GENERAL WARRANTIES.
15.1.1. The Services shall satisfy all requirements set forth in the Contract,including
but not limited to the attached Exhibits;
RFP#269-2017-028 Playground Equipment 103
Exhibit A
Sample City Contract
15,1.2. The Services provided by the Company under the Contract will not infringe
or misappropriate any patent, copyright, trademark, or trade secret rights of
any third party;
15.1.3. The Company has taken and will continue to take sufficient precautions to
ensure that it will not be prevented from performing all or part of its
obligations under the Contract by virtue of interruptions in the computer
systems used by the Company;
15.1.4. MI Services performed by the Company and/or its subcontractors pursuant to
this Contract shall meet the highest industry standards and shall be performed
in a professional and workmanlike manner by staff with the necessary skills,
experience and knowledge;
15.1.5. Neither the Services, nor any Deliverables provided by the Company under
this Contract will infringe or misappropriate any patent,copyright,trademark
or trade secret rights of any third party;
15.1.6_ The Company and each Company employee provided by the Company to the
City shall have the qualifications, skills and experience necessary to perform
the Services described or referenced in Exhibit B;
15.1.7. All information provided by the Company about each of their employees is
accurate; and
15.1.8. Each Company employee is an employee of the Company, and the Company
shall make all payments and withholdings required for by law for the
Company for such employees.
15.2. ADDITIONAL WARRANTIES.
The Company further represents and warrants that:
15.2.1. It is a legal entity and if incorporated,duly incorporated,validly existing and
in good standing under the laws of the state of its incorporation or licensing
and is qualified to do business in North Carolina;
15.2.2. It has all the requisite corporate power and authority to execute, deliver and
perform its obligations under this Contract;
15.2.3. The execution, delivery, and performance of this Contract have been duly
authorized by the Company;
15.2.4. No approval, authorization or consent of any governmental or regulatory
authority is required to be obtained or made by it in order for it to enter into
and perform its obligations under this Contract;
15.2.5. In connection with its obligations under this Contract,it shall comply with all
applicable federal, state and local laws and regulations and shall obtain all
applicable permits and licenses; and
15.2.6. The performance of this Contract by the Company and each Company
employee provided by the Company will not violate any contracts or
agreements with third parties or any third party rights (including but not
limited to non-compete agreements, non-disclosure agreements, patents,
trademarks or intellectual property rights).
16. OTHER OBLIGATIONS OF THE COMPANY.
16.1. WORK ON CITY'S PREMISES.
RFP#269-2017-028 Playground Equipment 104
Exhibit A
Sample City Contract
The Company and all their employees will, whenever on the City's premises,obey all
instructions and City policies that are provided to them with respect to performing
Services on the City's premises.
16.2. RESPECTFUL AND COURTEOUS BEHAVIOR.
The Company shall assure that its employees interact with City employees and with
the public in a courteous, helpful and impartial manner. All employees of the
Company in both field and office shall refrain from belligerent behavior and/or
profanity.Correction of any such behavior and language shall be the responsibility of
the Company.
16.3. REPAIR OR REPLACEMENT OF DAMAGE EQUIPMENT OR FACILITIES.
In the event that the Company causes damage to the City's equipment or facilities,
the Company shall, at its own expense, promptly repair or replace such damaged
items to restore them to the same level of functionality that they possessed prior to
the Company's action.
16.4, REGENERATION OF LOST OR DAMAGED DATA.
With respect to any data that the Company or any Company employees have
negligently lost or negligently damaged, the Company shall, at its own expense,
promptly replace or regenerate such data from the City's machine-readable
supporting material, or obtain, at the Company's own expense, a new machine-
readable copy of lost or damaged data from the City's data sources.
16.5. E-VERIFY.
Company shall comply with the requirements of Article 2 of Chapter 64 of the North
Carolina General Statutes, and shall require each of its subcontractors to do so as
well.
16.6. IRAN DIVESTMENT ACT.
Company certifies that: (i) it is not identified on the Final Divestment List or any
other list of prohibited investments created by the NC State Treasurer pursuant to
N.C.G.S. 147-86.58; (ii) it will not take any action causing it to appear on any such
list during the term of this Contract; and (iii) it will not utilize any subcontractor that
is identified on any such list to provide goods or Services hereunder.
17. REMEDIES.
17.1. RIGHT TO COVER.
If the Company fails to meet any completion date or resolution time set forth in this
Contract (including the Exhibits) or the Project Plan, the City may take any of the
following actions with or without terminating this Contract, and in addition to and
without limiting any other remedies it may have:
a. Employ such means as it may deem advisable and appropriate to perform itself or
obtain the Services from a third party until the matter is resolved and the
Company is again able to resume performance under this Contract;and
b. Deduct any and all expenses incurred by the City in obtaining or performing the
Services from any money then due or to become due the Company and, should
the City's cost of obtaining or performing the Services exceed the amount due
the Company,collect the amount due from the Company.
17.2. RIGHT TO WITHHOLD PAYMENT.
If the Company breaches any provision of this Contract,the City shall have a right to
withhold all payments due to the Company until such breach has been fully cured.
RFP#269-2017-028 Playground Equipment 105
Exhibit A
Sample City Contract
17.3. SPECIFIC PERFORMANCE AND INJUNCTIVE RELIEF.
The Company agrees that monetary damages are not an adequate remedy for the
Company's failure to provide the Services or Deliverables as required by this
Contract, nor could monetary damages be the equivalent of the performance of such
obligation. Accordingly, the Company hereby consents to an order granting specific
performance of such obligations of the Company in a court of competent jurisdiction
within the State of North Carolina. The Company further consents to the City
obtaining injunctive relief (including a temporary restraining order) to assure
performance in the event the Company breaches the Contract.
17.4. SETOFF.
Each party shall be entitled to setoff and deduct from any amounts owed to the other
party pursuant to this Contract all damages and expenses incurred or reasonably
anticipated as a result of the other party's breach of this Contract.
17.5. OTHER REMEDIES.
Upon breach of this Contract,each party may seek all legal and equitable remedies to
which it is entitled.The remedies set forth herein shall be deemed cumulative and not
exclusive and may be exercised successively or concurrently, in addition to any other
available remedy.
18. TERM AND TERMINATION OF CONTRACT.
18.1. TERM.
This Contract shall commence on the Effective Date and shall continue in effect for
five (5) years with the City having the unilateral right to renew for two (2)
consecutive two(2)year terms.
18.2. TERMINATION BY THE CITY.
The City may terminate the Contract at any time without cause by giving thirty (30)
days prior written notice to the Company. As soon as practicable after receipt of a
written notice of termination without cause,Company shall submit a statement to the
City showing in detail the Services performed under this Contract through the date of
termination. The forgoing payment obligation is contingent upon: (i) the Company
having fully complied with Section 18.8; and (ii) the Company having provided the
City with written documentation reasonably adequate to verify the number of hours
of Services rendered by each Company employee through the termination date and
the percentage of completion of each task.
18.3. TERMINATION FOR DEFAULT BY EITHER PARTY.
By giving written notice to the other party, either party may terminate the Contract
upon the occurrence of one or more of the following events:
a. The other party violates or fails to perform any covenant, provision, obligation,
term or condition contained in the Contract, provided that, unless otherwise
stated in the Contract, such failure or violation shall not be cause for termination
if both of the following conditions are satisfied: (i) such default is reasonably
susceptible to cure; and (ii) the other party cures such default within thirty (30)
days of receipt of written notice of default from the non-defaulting party; or
b. The other party attempts to assign, terminate or cancel the Contract contrary to
the terms hereof;or
c. The other party ceases to do business as a going concern, makes an assignment
for the benefit of creditors, admits in writing its inability to pay debts as they
become due, files a petition in bankruptcy or has an involuntary bankruptcy
RFP#269-2017-028 Playground Equipment 106
Exhibit A
Sample City Contract
petition filed against it (except in connection with a reorganization under which
the business of such party is continued and performance of all its obligations
under the Contract shall continue), or if a receiver, trustee or liquidator is
appointed for it or any substantial part of other party's assets or properties.
Any notice of default shall identify this Section of the Contract and shall state the
party's intent to terminate the Contract if the default is not cured within the specified
period.
Notwithstanding anything contained herein to the contrary, upon termination of this
Contract by the Company for default, the Company shall continue to perform the
Services required by this Contract for the lesser of: (i) six (6) months after the date
the City receives the Company's written termination notice; or (ii)the date on which
the City completes its transition to a new service provider.
18.4. ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY.
By giving written notice to the Company, the City may also terminate the Contract
upon the occurrence of one or more of the following events (which shall each
constitute separate grounds for termination without a cure period and without the
occurrence of any of the other events of default previously listed):
a. Failure of the Company to complete a particular task by the completion date set
forth in this Contract;
b. The Company makes or allows to be made any material written
misrepresentation or provides any materially misleading written information in
connection with this Contract, or any covenant, agreement, obligation, term or
condition contained in this Contract;or
c. The Company takes or fails to take any action which constitutes grounds for
immediate termination under the terms of the Contract, including but not limited
to failure to obtain or maintain the insurance policies and endorsements as
required by the Contract, or failure to provide the proof of insurance as required
by the Contract.
18.5, NO SUSPENSION.
In the event that the City disputes in good faith an allegation of default by the
Company, notwithstanding anything to the contrary in the Contract, the Company
agrees that it will not terminate the Contract or suspend or limit the Services or any
warranties or repossess, disable or render unusable any software supplied by the
Company, unless (i) the parties agree in writing, or (ii) an order of a court of
competent jurisdiction determines otherwise.
18.6. CANCELLATION OF ORDERS AND SUBCONTRACTS.
In the event this Contract is terminated by the City for any reason prior to the end of
the term, the Company shall upon termination immediately discontinue all service in
connection with this Contract and promptly cancel all existing orders and
subcontracts, which are chargeable to this Contract. As soon as practicable after
receipt of notice of termination, the Company shall submit a statement to the City
showing in detail the Services performed under this Contract to the date of
termination.
18.7. AUTHORITY TO TERMINATE.
The following persons are authorized to terminate this Contract on behalf of the City:
(a) the City Manager, any Assistant City Manager, or any designee of the City
RFP#269-2017-028 Playground Equipment 107
Exhibit A
Sample City Contract
Manager; or (b) the Department Director of the City Department responsible for
administering this Contract.
18.8. OBLIGATIONS UPON EXPIRATION OR TERMINATION.
Upon expiration or termination of this Contract, the Company shall promptly return
to the City (i) all computer programs, files, documentation, media, related material
and any other material and equipment that is owned by the City; (ii) all Deliverables
that have been completed or that are in process as of the date of termination;and(iii)
a written statement describing in detail all work performed with respect to
Deliverables which are in process as of the date of termination. The expiration or
termination of this Contract shall not relieve either party of its obligations regarding
"Confidential Information".as defined in this Contract.
18.9. NO EFFECT ON TAXES,FEES,CHARGES OR REPORTS.
Any termination of this Contract shall not relieve the Company of the obligation to
pay any fees, taxes or other charges then due to the City, nor relieve the Company of
the obligation to file any daily, monthly, quarterly or annual reports covering the
period to termination nor relieve the Company from any claim for damages
previously accrued or then accruing against the Company.
18.10. OTHER REMEDIES.
The remedies set forth in this Section and Section 19 shall be deemed cumulative and
not exclusive, and may be exercised successively or concurrently, in addition to any
other remedies available under this Contract or at law or in equity.
19. TRANSITION SERVICES UPON TERMINATION.
Upon termination or expiration of this Contract,the Company shall cooperate with the City to
assist with the orderly transfer of the Services provided by the Company to the City. Prior to
termination or expiration of this Contract,the City may require the Company to perform and,
if so required, the Company shall perform certain transition Services necessary to shift the
Services of the Company to another provider or to the City itself as described below (the
"Transition Services"). Transition Services may include but shall not be limited to the
following:
• Working with the City to jointly develop a mutually agreed upon Transition Services
Plan to facilitate the termination of the Services;
• Notifying all affected service providers and subcontractors of the Company;
• Performing the Transition Services;
• Answering questions regarding the Services on an as-needed basis;and
• Providing such other reasonable Services needed to effectuate an orderly transition to a
new service provider.
20. CHANGES.
In the event changes to the Services (collectively "Changes"), become necessary or desirable
to the parties, the parties shall follow the procedures set forth in this Section. A Change shall
be effective only when documented by a written, dated agreement executed by both parties
that expressly references and is attached to this Contract (a "Change Statement"). The
Change Statement shall set forth in detail: (i) the Change requested, including all
modifications of the duties of the parties; (ii) the reason for the proposed Change; and (iii) a
detailed analysis of the impact of the Change on the results of the Services and time for
completion of the Services,including the impact on all Milestones and delivery dates and any
associated price.
RFP#269-2017-028 Playground Equipment 108
•
Exhibit A
Sample City Contract
In the event either party desires a Change, the Project Manager for such party shall submit to
the other party's Project Manager a proposed Change Statement. If the receiving party does
not accept the Change Statement in writing within ten (10) days, the receiving party shall be
deemed to have rejected the Change Statement. If the parties cannot reach agreement on a
proposed Change,the Company shall nevertheless continue to render performance under this
Contract in accordance with its(unchanged) terms and conditions.
Changes that involve or increase in the amounts payable by the City may require execution
by the City Manager or a designee depending on the amount. Some increases may also
require approval by Charlotte City Council.
21. CITY OWNERSHIP OF WORK PRODUCT.
21.1. The parties agree that the City shall have exclusive ownership of all reports,
documents, designs, ideas, materials, reports, concepts, plans, creative works, and
other work product developed for or provided to the City in connection with this
Contract, and all patent rights, copyrights, trade secret rights and other intellectual
property rights relating thereto (collectively the "Intellectual Property"). The
Company hereby assigns and transfers all rights in the Intellectual Property to the
City. The Company further agrees to execute and deliver such assignments and other
documents as the City may later require to perfect, maintain and enforce the City's
rights as sole owner of the Intellectual Property, including all rights under patent and
copyright law. The Company hereby appoints the City as attorney in fact to execute
all such assignments and instruments and agree that its appointment of the City as an
attorney in fact is coupled with an interest and is irrevocable.
21.2. The City grants the Company a royalty-free, non-exclusive license to use and copy
the Intellectual Property to the extent necessary to perform this Contract. The
Company shall not be entitled to use the Intellectual Property for other purposes
without the City's prior written consent, and shall treat the Intellectual Property as
"Confidential Information"pursuant to Section 25 of the Contract.
21.3. The Company will treat as Confidential Information under the Confidentiality and
Non-Disclosure Contract all data in connection with the Contract. City data
processed by the Company shall remain the exclusive property of the City. The
Company will not reproduce, copy, duplicate, disclose, or in any way treat the data
supplied by the City in any manner except that contemplated by the Contract.
22. RELATIONSHIP OF THE PARTIES.
The relationship of the parties established by this Contract is solely that of independent
contractors,and nothing contained in this Contract shall be construed to(i) give any party the
power to direct or control the day-to-day administrative activities of the other; or (ii)
constitute such parties as partners,joint venturers,co-owners or otherwise as participants in a
joint or common undertaking; or (iii) make either party an agent of the other, or any
Company employee an agent or employee of the City, for any purpose whatsoever. Neither
party nor its agents or employees is the representative of the other for any purpose, and
neither has power or authority to act as agent or employee to represent, to act for, bind, or
otherwise create or assume any obligation on behalf of the other.
23. INDEMNIFICATION.
To the fullest extent permitted by law, the Company shall indemnify, defend and hold
harmless each of the "Indemnitees" (as defined below) from and against any and all
"Charges" (as defined below) paid or incurred as a result of any claims, demands, lawsuits,
actions, or proceedings: (i) alleging violation, misappropriation or infringement of any
copyright, trademark, patent, trade secret or other proprietary rights with respect to the
RFP#269-2017-028 Playground Equipment 109
Exhibit A
Sample City Contract
Services or any Products or deliverables provided to the City pursuant to this Contract
("Infringement Claims-');(ii)seeking payment for labor or materials purchased or supplied by
the Company or its subcontractors in connection with this Contract; (iii) arising from the
Company's failure to perform its obligations under this Contract, or from any act of
negligence or willful misconduct by the Company or any of its agents, employees or
subcontractors relating to this Contract, including but not limited to any liability caused by an
accident or other occurrence resulting in bodily injury, death, sickness or disease to any
person(s)or damage or destruction to any property,real or personal,tangible or intangible;or
(iv) arising from any claim that the Company or an employee or subcontractor of the
Company is an employee of the City, including but not limited to claims relating to worker's
compensation,failure to withhold taxes and the like. For purposes of this Section: (a)the term
"Indemnitees" means the City and each of the City's officers, officials, employees, agents
and independent contractors (excluding the Company); and(b)the term "Charges"means any
and all losses, damages, costs, expenses (including reasonable attorneys' fees), obligations,
duties, fines, penalties, royalties, interest charges and other liabilities (including settlement
amounts).
If an Infringement Claim occurs, the Company shall either: (i) procure for the City the right
to continue using the affected product or service; or (ii) repair or replace the infringing
product or service so that it becomes non-infringing, provided that the performance of the
overall product(s) and service(s) provided to the City shall not be adversely affected by such
replacement or modification. If the Company is unable to comply with the preceding sentence
within thirty (30) days after the City is directed to cease use of a product or service, the
Company shall promptly refund to the City all amounts paid under this Contract.
This Section 23 shall remain in force despite termination of this Contract (whether by
expiration of the term or otherwise).
24. SUBCONTRACTING.
Should the Company choose to subcontract, the Company shall be the prime contractor and
shall remain fully responsible for performance of all obligations that it is required to perform
under the Contract. Any subcontract entered into by Company shall name the City as a third
party beneficiary.
25. CONFIDENTIAL INFORMATION.
25.1. CONFIDENTIAL INFORMATION.
Confidential Information includes any information, not generally known in the
relevant trade or industry, obtained from the City or its vendors or licensors or which
falls within any of the following general categories:
25.1.1. Trade secrets. For purposes of this Contract, trade secrets consist of
information of the City or any of its Companies, contractors or licensors: (a)
that derives value from being secret; and (b) that the owner has taken
reasonable steps to keep confidential. Examples of trade secrets include
information relating to proprietary software, new technology, new Products
or Services, flow charts or diagrams that show how things work, manuals
that tell how things work and business processes and procedures.
25.1.2. Information of the City or its Companies, contractors or licensors marked
"Confidential"or "Proprietary."
25.1.3. Information relating to criminal investigations conducted by the City, and
records of criminal intelligence information compiled by the City.
25.1.4. Information contained in the City's personnel files, as defined by N.C. Gen.
RFP#269-2017-028 Playground Equipment 110
Exhibit A
Sample City Contract
Stat. 160.4-168. This consists of all information gathered and/or maintained
by the City about employees,except for that information which is a matter of
public record under North Carolina law.
25.1.5. Citizen or employee social security numbers collected by the City.
25.1.6. Computer security information of the City, including all security features of
electronic data processing, or information technology systems,
telecommunications networks and electronic security systems. This
encompasses but is not limited to passwords and security standards,
procedures,processes,configurations,software and codes.
25.1.7. Local tax records of the City that contains information about a taxpayer's
income or receipts.
25.1.8. Any attorney/City privileged information disclosed by either party.
25.1.9. Any data collected from a person applying for financial or other types of
assistance, including but not limited to their income, bank accounts, savings
accounts, etc.
25.1.10. The name or address of individual homeowners who, based on their income,
have received a rehabilitation grant to repair their home.
25.1.11. Building plans of city-owned buildings or structures, as well as any detailed
security plans.
25.1.12. Billing information of customers compiled and maintained in connection with
the City providing utility Services.
25.1.13. Other information that is exempt from disclosure under the North Carolina
public records laws.
Categories stated in Sections 25.1.3 through 25.1.13 above constitute "Highly
Restricted Information," as well as Confidential Information. The Company
acknowledges that certain Highly Restricted Information is subject to legal
restrictions beyond those imposed by this Contract, and agrees that: (a)all provisions
in this Contract applicable to Confidential Information shall apply to Highly
Restricted Information; and (b) the Company will also comply with any more
restrictive instructions or written policies that may be provided by the City from time
to time to protect the confidentiality of Highly Restricted Information.
The parties acknowledge that in addition to information disclosed or revealed after
the date of this Contract, the Confidential Information shall include information
disclosed or revealed within one year prior to the date of this Contract.
25.2. RESTRICTIONS.
The Company shall keep the Confidential Information in the strictest confidence, in
the manner set forth below:
25.2.1. It shall not copy, modify, enhance, compile or assemble (or reverse compile
or disassemble),or reverse engineer Confidential Information.
25.2.2. It shall not, directly or indirectly, disclose, divulge, reveal, report or transfer
Confidential Information of the other to any third party or to any individual
employed by the Company, other than an employee, agent, subcontractor or
vendor of the City or Company who: (i) has a need to know such
Confidential Information, and (ii) has executed a confidentiality agreement
RFP#269-2017-028 Playground Equipment 111
Exhibit A
Sample City Contract
incorporating substantially the form of this Section of the Contract and
containing all protections set forth herein.
25.2.3. It shall not use any Confidential Information of the City for its own benefit or
for the benefit of a third party, except to the extent such use is authorized by
this Contract or other written agreements between the parties hereto,or is for
the purpose for which such Confidential Information is being disclosed.
25.2.4. It shall not remove any proprietary legends or notices, including copyright
notices,appearing on or in the Confidential Information of the other.
25.2.5. The Company shall use its best efforts to enforce the proprietary rights of the
City and the City's vendors, licensors and Companys (including but not
limited to seeking injunctive relief where reasonably necessary) against any
person who has possession of or discloses Confidential Information in a
manner not permitted by this Contract.
25.2.6. In the event that any demand is made in litigation, arbitration or any other
proceeding for disclosure of Confidential Information, the Company shall
assert this Contract as a ground for refusing the demand and, if necessary,
shall seek a protective order or other appropriate relief to prevent or restrict
and protect any disclosure of Confidential Information.
25.2.7. All materials which constitute, reveal or derive from Confidential
Information shall be kept confidential to the extent disclosure of such
materials would reveal Confidential Information, and unless otherwise
agreed, all such materials shall be returned to the City or destroyed upon
satisfaction of the purpose of the disclosure of such information.
25.3. EXCEPTIONS.
The parties agree that the Company shall have no obligation with respect to any
Confidential Information which the Company can establish:
25.3]. Was already known to the Company prior to being disclosed by the
disclosing party;
25.3.2. Was or becomes publicly known through no wrongful act of the Company;
25.3.3. Was rightfully obtained by the Company from a third party without similar
restriction and without breach hereof;
25.3.4. Was used or disclosed by the Company with the prior written authorization
of the City;
25.3.5. Was disclosed pursuant to the requirement or request of a governmental
agency, which disclosure cannot be made in confidence, provided that, in
such instance, the Company shall first give to the City notice of such
requirement or request;
25.3.6. Was disclosed pursuant to the order of a court of competent jurisdiction or a
lawfully issued subpoena, provided that the Company shall take use its best
efforts to obtain an agreement or protective order providing that, to the
greatest possible extent possible, this Contract will be applicable to all
disclosures under the court order or subpoena.
25.4. UNINTENTIONAL DISCLOSURE.
RFP#269-2017-028 Playground Equipment 1 12
Exhibit A
Sample City Contract
Notwithstanding anything contained herein in to the contrary, in the event that the
Company is unintentionally exposed to any Confidential Information of the City, the
Company agrees that it shall not, directly or indirectly, disclose, divulge, reveal,
report or transfer such Confidential Information to any person or entity or use such
Confidential Information for any purpose whatsoever.
25.5. REMEDIES.
The Company acknowledges that the unauthorized disclosure of the Confidential
Information of the City will diminish the value of the proprietary interests therein.
Accordingly, it is agreed that if the Company breaches its obligations hereunder, the
City shall be entitled to equitable relief to protect its interests, including but not
limited to injunctive relief,as well as monetary damages.
26. INSURANCE.
26.1. TYPES OF INSURANCE
Company shall obtain and maintain during the life of this Contract, with an insurance
Company rated not less than "A"by A.M. Best, authorized to do business in the State
of North Carolina, acceptable to the Charlotte-Mecklenburg, Risk Management
Division the following insurance:
26.1.1. Automobile Liability - Bodily injury and property damage liability covering
all owned, non-owned and hired automobiles for limits of not less than
$1,000,000 bodily injury each person,each accident and$1,000,000 property
damage, or $1,000,000 combined single limit - bodily injury and property
damage.
26.1.2. Commercial General Liability - Bodily injury and property damage liability
as shall protect the Company and any subcontractor performing Services
under this Contract, from claims of bodily injury or property damage which
arise from performance of this Contract, whether such operations are
performed by the Company, any subcontractor, or anyone directly or
indirectly employed by either. The amounts of such insurance shall not be
less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000
property damage each occurrence/aggregate,or$1,000,000 bodily injury and
property damage combined single limits each occurrence/aggregate. This
insurance shall include coverage for Products, operations, personal and
advertising injury, and contractual liability, assumed under the indemnity
provision of this Contract.
26.1.3. Workers' Compensation and Employers Liability - meeting the statutory
requirements of the State of North Carolina, $500,000 per accident limit,
$500,000 disease per policy limit,$500,000 disease each employee limit.
The Company shall not commence any Services in connection with this Contract
until it has obtained all of the foregoing types of insurance and such insurance has
been approved by the City. The Company shall not allow any subcontractor to
commence Services on its subcontract until all similar insurance required of the
subcontractor has been obtained and approved.
26.2. OTHER INSURANCE REQUIREMENTS.
26.2.1. The City shall be exempt from, and in no way liable for any sums of money,
which may represent a deductible in any insurance policy. The payment of
such deductible shall be the sole responsibility of the Company and/or
subcontractor providing such insurance.
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Exhibit A
Sample City Contract
26.2.2. The City of Charlotte shall be named as an additional insured for operations
or Services rendered under the general liability coverage. The Company's
insurance shall be primary of any self-funding and/or insurance otherwise
carried by the City for all loss or damages arising from the Company's
operations under this agreement.
26.2.3. Certificates of such insurance will be furnished to the City and shall contain
the provision that the City be given thirty (30) days' written notice of any
intent to amend coverage reductions or material changes or terminate by
either the insured or the insuring Company.
26,2.4. Should any or all of the required insurance coverage be self-funded/self-
insured, a copy of the Certificate of Self-Insurance or other documentation
from the North Carolina Department of Insurance shall be furnished to the
City.
26.2.5. If any part of the Services under this Contract is sublet, the subcontractor
shall be required to meet all insurance requirements as listed above.
However, this will in no way relieve the Company from meeting all
insurance requirements or otherwise being responsible for the subcontractor.
27. COMMERCIAL NON-DISCRIMINATION.
As a condition of entering into this Contract, the Company represents and warrants
that it will
As a condition of entering into this agreement, the Company represents and warrants that it
will fully comply with the City's Commercial Non-Discrimination Policy, as described in
Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of
any arbitration conducted thereunder. As part of such compliance, the Company shall not
discriminate on the basis of race,gender,religion, national origin,ethnicity, age or disability
in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in
connection with a City contract or contract solicitation process, nor shall the Company
retaliate against any person or entity for reporting instances of such discrimination. The
Company shall provide equal opportunity for subcontractors, vendors and suppliers to
participate in all of its subcontracting and supply opportunities on City contracts, provided
that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy
the effects of marketplace discrimination that has occurred or is occurring in the
marketplace. The Company understands and agrees that a violation of this clause shall be
considered a material breach of this Agreement and may result in termination of this
Agreement, disqualification of the Company from participating in City contracts or other
sanctions.
As a condition of entering into this Contract, the Company agrees to: (a)promptly provide to
the City in a format specified by the City all information and documentation that may be
requested by the City from time to time regarding the solicitation, selection, treatment and
payment of subcontractors in connection with this Contract; and (b) if requested, provide to
the City within sixty days after the request a truthful and complete list of the names of all
subcontractors, vendors, and suppliers that the Company has used on City contracts in the
past five years, including the total dollar amount paid by the Company on each subcontract
or supply contract. The Company further agrees to fully cooperate in any investigation
conducted by the City pursuant to the City's Non-Discrimination Policy, to provide any
documents relevant to such investigation that are requested by the City, and to be bound by
the award of any arbitration conducted under such Policy.
RFP#269-2017-028 Playground Equipment 114
Exhibit A
Sample City Contract
The Company agrees to provide to the City from time to time on the City's request,
payment affidavits detailing the amounts paid by the Company to subcontractors and
suppliers in connection with this Contract within a certain period of time. Such affidavits
shall be in the format specified by the City from time to time
The Company understands and agrees that violation of this Commercial Non-
Discrimination provision shall be considered a material breach of this Contract and may
result in contract termination, disqualification of the Company from participating in City
contracts and other sanctions.
28. NOTICES AND PRINCIPAL CONTACTS.
Any notice, consent or other communication required or contemplated by this Contract shall
be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by
electronic mail or by telefax to the intended recipient at the address set forth below:
For the Company: For the City:
Karen Ewing
City of Charlotte
Procurement Management Division
600 East Fourth Street,CMGC 9th Floor
Charlotte,NC 28202-2850
PHONE: PHONE: 704-336-2992
FAX: FAX: 704-632-8254
E-MAIL: kelmore@ci.charlotte.nc.us
With Copy To(Company): With Copy To(City):
Cindy White
City of Charlotte
City Attorney's Office
600 East Fourth Street
CMGC 15th Floor
Charlotte,NC 28202
PHONE: PHONE: (704)336-3012
EMAIL: cwhite@ci.charlotte.nc.us
Notice shall be effective upon the date of receipt by the intended recipient; provided that any
notice, which is sent by telefax or electronic mail, shall also be simultaneously sent by mail
deposited with the U.S. Postal Service or by overnight courier. Each party may change its
address for notification purposes by giving the other party written notice of the new address
and the date upon which it shall become effective.
29. MISCELLANEOUS.
29.1. ENTIRE AGREEMENT.
This Contract is the entire agreement between the parties with respect to its subject
matter, and there are no other representations,understandings,or agreements between
the parties with respect to such subject matter. This Contract supersedes all prior
agreements,negotiations,representations and proposals,written or oral.
29.2. AMENDMENT.
No amendment or change to this Contract shall be valid unless in writing and signed
by both parties to this Contract.
29.3. GOVERNING LAW AND JURISDICTION.
RFP#269-2017-028 Playground Equipment 115
Exhibit A
Sample City Contract
The parties acknowledge that this Contract is made and entered into in Charlotte,
North Carolina, and will be performed in Charlotte, North Carolina. The parties
further acknowledge and agree that North Carolina law shall govern all the rights,
obligations, duties and liabilities of the parties under this Contract, and that North
Carolina law shall govern interpretation and enforcement of this Contract and any
other matters relating to this Contract (all without regard to North Carolina conflicts
of law principles). The parties further agree that any and all legal actions or
proceedings relating to this Contract shall be brought in a state or federal court sitting
in Mecklenburg County, North Carolina. By the execution of this Contract, the
parties submit to the jurisdiction of said courts and hereby irrevocably waive any and
all objections, which they may have with respect to venue in any court sitting in
Mecklenburg County,North Carolina.
29.4. BINDING NATURE AND ASSIGNMENT.
This Contract shall bind the parties and their successors and permitted assigns.
Neither party may assign any of the rights and obligations thereunder without the
prior written consent of the other. Any assignment attempted without the written
consent of the other party shall be void.
29.5. CITY NOT LIABLE FOR DELAYS.
It is agreed that the City shall not be liable to the Company, its agents or
representatives or any subcontractor for or on account of any stoppages or delay in
the performance of any obligations of the City or any other party hereunder caused
by injunction or other legal or equitable proceedings or on account of any other delay
for any cause beyond the City's reasonable control. The City shall not be liable under
any circumstances for lost profits or any other consequential, special or indirect
damages.
29.6. FORCE MAJEURE.
29.6.1. The Company shall be not liable for any failure or delay in the performance
of its obligations pursuant to this Contract(and such failure or delay shall not
be deemed a default of this Contract or grounds for termination hereunder if
all of the following conditions are satisfied: (i) if such failure or delay: (a)
could not have been prevented by reasonable precaution, and (b) cannot
reasonably be circumvented by the non-performing party through the use of
alternate sources, work-around plans, or other means; and (ii) if and to the
extent such failure or delay is caused, directly or indirectly, by fire, flood,
earthquake, hurricane, elements of nature or acts of God, acts of war,
terrorism,riots,civil disorders,rebellions or revolutions, or court order.
29.6.2. Upon the occurrence of an event which satisfies all of the conditions set forth
above (a "Force Majeure Event") the Company shall be excused from any
further performance of those of its obligations pursuant to this Contract
affected by the Force Majeure Event for as long as (a) such Force Majeure
Event continues and (b) the Company continues to use commercially
reasonable efforts to recommence performance whenever and to whatever
extent possible without delay.
29.6.3. Upon the occurrence of a Force Majeure Event, the Company shall
immediately notify the City by telephone (to be confirmed by written notice
within two (2) days of the inception of the failure or delay)of the occurrence
of a Force Majeure Event and shall describe in reasonable detail the nature of
the Force Majeure Event. If any Force Majeure Event prevents the Company
RFP#269-2017-028 Playground Equipment 116
Exhibit A
Sample City Contract
from performing its obligations for more than five (5) days, the City may
terminate this Contract.
29.6.4. Strikes, slow-downs, walkouts, lockouts, and individual disputes are not
excused under this provision.
29.7. SEVERABILITY.
The invalidity of one or more of the phrases, sentences,clauses or sections contained
in this Contract shall not affect the validity of the remaining portion of the Contract
so long as the material purposes of the Contract can be determined and effectuated. If
any provision of this Contract is held to be unenforceable, then both parties shall be
relieved of all obligations arising under such provision, but only to the extent that
such provision is unenforceable, and this Contract shall be deemed amended by
modifying such provision to the extent necessary to make it enforceable while
preserving its intent.
29.8. NO PUBLICITY.
No advertising, sales promotion or other materials of the Company or its agents or
representations may identify or reference this Contract or the City in any manner
absent the written consent of the City.
29.9. APPROVALS.
All approvals or consents required under this Contract must be in writing.
29.10. WAIVER.
No delay or omission by either party to exercise any right or power it has under this
Contract shall impair or be construed as a waiver of such right or power. A waiver by
either party of any covenant or breach of this Contract shall not be constitute or
operate as a waiver of any succeeding breach of that covenant or of any other
covenant. No waiver of any provision of this Contract shall be effective unless in
writing and signed by the party waiving the rights.
29.11. SURVIVAL OF PROVISIONS.
The following sections of this Contract shall survive the termination hereof:
Section 4.3 "Employment Taxes and Employee Benefits"
Section 15 "Representations and Warranties of Company"
Section 18 "Term and Termination of Contract"
Section 21 "City Ownership of Work Product"
Section 23 `indemnification"
Section 25 "Confidential Information"
Section 26 "Insurance'
Section 28 "Notices and Principal Contacts"
Section 29 "Miscellaneous"
29.12. CHANGE IN CONTROL.
In the event of a change in "Control" of the Company (as defined below), the City
shall have the option of terminating this Contract by written notice to the Company.
The Company shall notify the City within ten(10)days of the occurrence of a change
in control. As used in this Contract, the term "Control" shall mean the possession,
direct or indirect,of either(i)the ownership of or ability to direct the voting of,as the
case may be fifty-one percent (51%) or more of the equity interests, value or voting
power in the Company or (ii) the power to direct or cause the direction of the
management and policies of the Company whether through the ownership of voting
securities,by contract or otherwise.
RFP#269-2017-028 Playground Equipment 117
Exhibit A
Sample City Contract
29.13. DRAFTER'S PROTECTION.
Each of the Parties has agreed to the use of the particular language of the provisions
of this Contract and any questions of doubtful interpretation shall not be resolved by
any rule or interpretation against the drafters, but rather in accordance with the fair
meaning thereof, having due regard to the benefits and rights intended to be
conferred upon the Parties hereto and the limitations and restrictions upon such rights
and benefits intended to be provided.
29.14. FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES.
The Company agrees to make itself aware of and comply with all local, state and
federal ordinances, statutes, laws, rules and regulations applicable to the Services.
The Company further agrees that it will at all times during the term of this Contract
be in compliance with all applicable federal, state and/or local laws regarding
employment practices. Such laws will include, but shall not be limited to, workers'
compensation,the Fair Labor Standards Act (FLSA), the Americans with Disabilities
Act (ADA), the Family and Medical Leave Act (FMLA) and all OSHA regulations
applicable to the Services.
29.15. CONFLICT OF INTEREST.
The Company covenants that its officers, employees and shareholders have no
interest and shall not acquire any interest, direct or indirect that would conflict in any
manner or degree with the performance of Services required to be performed under
the Contract.
29.16. NO BRIBERY.
The Company certifies that neither it, any of its affiliates or subcontractors, nor any
employees of any of the forgoing has bribed or attempted to bribe an officer or
employee of the City in connection with the Contract.
29.1 7. HARASSMENT.
The Company agrees to make itself aware of and comply with the City's Harassment
Policy.The City will not tolerate or condone acts of harassment based upon race,sex,
religion, national origin, color, age, or disability. Violators of this policy will be
subject to termination.
29.18. TRAVEL UPGRADES.
The City has no obligation to reimburse the Company for any travel or other
expenses incurred in connection with this Contract unless this Contract specifically
requires reimbursement. If this Contract requires reimbursement by the City: (a) the
City will only pay coach/economy rate airline fares, and (b)the Company's invoices
shall include sufficient detail of travel expenses to demonstrate that fares were at
coach/economy rates. Notwithstanding the forgoing, nothing in this provision shall
preclude complimentary upgrades to first class or business class seating, mileage,
points, or credits based upgrades, or upgrades paid for by the contractor so long as
the City is not charged for or asked to reimburse the upgrade charge or the value of
the miles,points,or credits used.
29.19. TAXES.
Except as specifically stated elsewhere in this Contract, the Company shall pay all
applicable federal, state and local taxes which may be chargeable against the
performance of the Services. The Company consents to and authorizes the City to
collect any and all delinquent taxes and related interest, fines, or penalties of the
Company by reducing any payment, whether monthly, quarterly, semi-annually,
annually, or otherwise, made by the City to the Company pursuant to this Contract
RFP#269-2017-028 Playground Equipment 1 18
Exhibit A
Sample City Contract
for an amount equal to any and all taxes and related interest, fines,or penalties owed
by the Company to the City. The Company hereby waives any requirements for
notice under North Carolina law for each and every instance that the City collects
delinquent taxes pursuant to this paragraph. This paragraph shall not be construed to
prevent the Company from filing an appeal of the assessment of the delinquent tax if
such appeal is within the time prescribed by law.
29.20_ UNIFORM ADMINISTRATIVE REQUIREMENTS
By entering into this Contract, the Company agrees to comply with all applicable
provisions of Title 2, Subtitle A, Chapter 11, Part 200 — Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards
contained in Title 2 C.F. R. §200 et seq.
29.21. COUNTERPARTS.
This Contract may be executed in any number of counterparts, all of which taken
together shall constitute one single agreement between the parties.
[Signature Page Follows]
RFP#269-2017-028 Playground Equipment 119
Exhibit A
Sample City Contract
IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and
understood each and every provision hereof, the parties have caused this Contract to be
executed on the date first written above.
COMPANY:
BY:
PRINT NAME:
TITLE:
DATE:
CITY OF CHARLOTTE: CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE RISK MANAGEMENT DIVISION
BY: BY:
PRINT NAME: PRINT NAME:
TITLE: TITLE:
DATE: DATE:
RFP##269-2017-028 Playground Equipment 120
•
II
Contract#2017001134
Amendment#: 3
Vendor#• 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND
SERVICES (this 'First Amendment') is made and entered into this 1st day of September 2018, by and
between Playcore Wisconsin, Inc. d/b/a GameTime, a corporation doing business in North Carolina (the
"Company"), and the City of Charlotte. a North Carolina municipal corporation (the "City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2.017 (the
'Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness
Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of
Charlotte
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to
incorporate unit price adjustments and freight rate adjustments.
C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate
certain other changes
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by
reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to
such terms in the Contract.
3. This Third Amendment incorporates Federal Contract Terms and Conditions as Exhibit H and
attached hereto, due to new laws and requirements, effective July 1, 2018.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights. obligations, remedies, or claims the parties may otherwise have
under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force
and effect.
[Signature Page Follows]
Game Time September 1, 2018
2017001134-3
Cont ract#:2017001134
Amendment#: 3
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this First Amendment to be executed as of the date first
written above.
PLAYCORE WISCONSIN, INC. D/B/A GAMETIME CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
OFFICE/DEPARTMENT/DIVISION
BY: BY:
(signature) (signature
PRINT NAME: Donald R. King PRINT NAME: _++ rlA�f
S,
TITLE: Director of Sales Administration TITLE: A.0 (/ T Alt q,1#e
DATE: August 17,2018 DATE: 1 ( 7 r ) 0
CITY OF CHARLOTTE:
INSURANCE AND RISK MANAGEMENT
BY:
(Signa urn) /4F 1.1" wiNamo(�
01:175-00PRINT NAME: i`Sie-i2- 'Y�0
TITLE: '+.tr -I4Q. "'Tr-
DATE:
q�
DATE: � f g �J
GemeTlme September 1, 2018
2017001134-3
Contract#:2017 001134
Amendment#: 3
Vendor#: 121531
Exhibit H
Federal Contract Terms and Conditions
This Exhibit is attached and incorporated into the Agreement to Provide Playground and Outdoor
Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services (the
"Contract") between the City of Charlotte and Playcore Wisconsin, Inc. d/b/a GameTime.
Capitalized terms not defined in this Exhibit shall have the meanings assigned to such terms in the
Contract. In the event of a conflict between this Exhibit and the terms of the main body of the
Contract or any other exhibit or appendix, the terms of this Exhibit shall govern.
1. Debarment and Suspension. The Company represents and warrants that, as of the Effective
Date of the Contract, neither the Company nor any subcontractor or subconsultant performing
work under this Contract (at any tier) is included on the federally debarred bidder's list listed on
the government wide exclusions in the System for Award Management (SAM), in accordance
with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part
1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and
Suspension." If at any point during the Contract term the Company or any subcontractor or
subconsultant performing work at any tier is included on the federally debarred bidder's list, the
Company shall notify the City immediately.
2. Record Retention. The Company certifies that it will comply with the record retention
requirements detailed in 2 CFR § 200.333. The Company further certifies that vendor will
retain all records as required by 2 CFR § 200.333 for a period of three years after it receives
City notice that the City has submitted final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
3. Procurement of Recovered Materials. The Company represents and warrants that in its
performance under the Contract, the Company shall comply with section 6002 of the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR Part 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.
4. Clean Air Act and Federal Water Pollution Control Act. Company agrees 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)
5. Energy Efficiency. The Company certifies that the Company will be in compliance with
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
(Pub. L. 94-163, 89 Stat. 871).
GameTime September 1,2018
2017001134-3
Contract#:2017001134
Amendment#: 3
Vendor#, 121531
6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Company certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
Company, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal Loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of and
Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of an agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with this federal contract, grant, loan, or cooperative agreement, the
Company shall complete and submit Standard Form—LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide Guidance
for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
c. The Company shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the Contract is in
excess of $100,000 and involves the employment of mechanics or laborers, the Company
must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is 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. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or
purchases of transportation or transmission of intelligence.
8. Right to Inventions. If the federal award is a "funding agreement" under 37 CFR 401.2 and
the City wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment of performance or experimental,
developmental or research work thereunder, the City must comply with 37 CFR Part 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.
9. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). In its performance under the
Contract, the Company shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, the Company is 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, the Company is required to pay
wages not less than once a week.
10. Copeland "Anti-Kickback" Act (40 U.S.C. 3145). In its performance under the Contract, the
Company shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
Game Time September 1,2016
2017001134-3
•
C ontract#:2017001134
Amendment#: 3
Vendor#: 121531
supplemented by Department of Labor regulations (29 CFR Part 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 the Company is 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.
11. Equal Employment Opportunity. In its performance under the Contract, Company shall
comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part,
19641965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive
Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41
CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
GameTime September 1,2018
2017001134-3
C ontract#:2 017001134
Amendment#_2
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND
RELATED PRODUCTS AND SERVICES
THIS SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND
SERVICES (this "First Amendment') is made and entered into this 3rd day of May 2018, by and between
Playcore Wisconsin, Inc. d/b/a GarneTirne, a corporation doing business in North Carolina (the"Company"),
and the City of Charlotte.a North Carolina municipal corporation (the"City").
Statement of Background and Intent
A The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the
"Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness
Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of
Charlotte.
B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to
incorporate unit price adjustments and freight rate adjustments.
C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate
certain other changes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this Second Amendment by
reference.
2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to
such terms in the Contract.
3. This Second Amendment incorporates unit price adjustments as specified in Exhibit A (attached).
The aggregate increase of 3.6 percent (3.6%) due to increased tariffs on steel and aluminum
imports shall become effective on all future Company orders as of May 3, 2018.
4. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have
under the Contract.
5. In all other respects and except as modified herein, the terms of the Contract shall remain in force
and effect.
[Signature Page Follows)
Game Time May 3,2018
2017001134-2
Contract#:2017001134
Amendment#. 2
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof,the parties have caused this First Amendment to be executed as of the date first
written above.
Playcore Wisconsin, Inc.d/b/a GameTime CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
OFFICE/DFEPARTME T/D ,;IION
BY: �----� BY: /r/4
(signature) (signat e)
PRINT NAME: Donald R. King PRINT NAME:
TITLE: Director of Sales Administration TITLE: G�rU
DATE: April 3, 2018 DATE: `� [f/fk
CITY OF CHARLO E:
INSURANCE AN SK ANAGEMENT
f,•
BY:
(signature)
PRINT NAME: tIA(I 1 6.1
TITLE: 6 i
DATE: _ "1 / I ,S
GameTime May 3,2018
2017001134-2
Contract#.2017001134
Amendment#: 1
Vendor#: 121531
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FIRST AMENDMENT TO THE AGREEMENT TO PROVIDE
PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,
AND RELATED PRODUCTS AND SERVICES
THIS FIRST AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR
FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND
SERVICES (this "First Amendment") is made and entered into this 1s1 day of January 2018, by and between
Playcore Wisconsin, Inc. d/bla GameTime. a corporation doing business in North Carolina (the"Company"),
and the City of Charlotte, a North Carolina municipal corporation (the"City").
Statement of Background and Intent
A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the
-Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness
Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of
Charlotte.
B. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate
certain other changes
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein. the
parties hereby agree to the following:
AGREEMENT
1. The terms of the Contract are restated by and incorporated into this First Amendment by reference.
2. Defined terms used in this First Amendment shall have the same meaning as are assigned to such
terms in the Contract.
3. This First Amendment incorporates unit price adjustments as specified in Exhibit A (attached) and
becomes effective on January 1, 2018.
4. This First Amendment incorporates freight rate adjustments as specified in Exhibit D (attached) and
becomes effective on January 1. 2018.
5. Except to the extent specifically provided above, this amendment shall not be interpreted or
construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have
under the Contract.
6. In all other respects and except as modified herein, the terms of the Contract shall remain in force
and effect.
(Signature Page Follows]
ADVANCE STORES COMPANY. INC Jan. 1.2018
2017000280-1
Contract#:2017001134
Amendment#: 1
Vendor#: 121531
IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each
and every provision hereof, the parties have caused this First Amendment to be executed as of the date first
written above.
Playcore Wisconsin, Inc. dlbla GameTime CITY OF CHARLOTTE:
CITY MANAGER'S OFFICE
OFFICEIDEPARTMENTIDIVIS�ION
BY: 1 BY: .�.:� ,pmt„� - .
(signature) (signature)
.i
PRINT NAME: Donald R. King PRINT NAME: arr!a(y rri•,r,<:cr
TITLE: Director of Sales Administration TITLE: ,rc
DATE: December 20,2017 DATE: •
CITY OF CHARLOTTE:
INSURANCE AND RISK MANAGEMENT
BY:
(signs re) JJ
PRINT NAME: L/I/l •5 t'L I /
t'
TITLE: ri-2% wr•4c� 1:.yt
DATE: 721 /f �G1tt.� .J
ADVANCE STORES COMPANY. INC Jan. 1,2018
2017000260-1