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City Council Committees - Parks and Human Services Committee - 02/03/2022 (2)
4^* Parks and Human Services • Committee KEN T Thursday, February 3, 2022 WASHINGTON 4:0 0 PM Chambers Masks are required regardless of vaccination status. To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257 and enter Meeting ID 838 1479 4289, Passcode 929221 Chair Zandria Michaud Councilmember Satwinder Kaur Councilmember Toni Troutner ************************************************************** Item Description Action Speaker Time 1. Call to Order Chair 2. Roll Call Chair 3. Agenda Approval Chair 4. Approval of Minutes 1. Approval of January 6, 2022 YES Chair 05 MIN. Minutes 5. Business 1. Fee-In-Lieu Fund Re- YES Terry Jungman 05 MIN. Allocations 2. 2021 Third and Fourth YES Terry Jungman 05 MIN. Quarter Fee-In-Lieu Funds 3. Contract to Provide YES Terry Jungman 05 MIN. Playground Equipment, Park Amenities, and Related Products and Services Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the first Thursday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Ron Lashley at 253-856-5101, or email RLashley@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Parks and Human Services Committee CC Parks February 3, 2022 Regular Meeting 4. Human Services Funding NO Merina Hanson 20 MIN. Update 6. Adjournment Chair 4.1 Pending Approval Parks and Human Services KENT Committee W—...... CC Parks Regular Meeting Minutes January 6, 2022 Date: January 6, 2022 Time: 4:00 p.m. Place: Chambers Attending: Zandria Michaud, Chair Satwinder Kaur, Councilmember Toni Troutner, Councilmember r Agenda: 4- 0 1. Call to Order 4:00 p.m. 0 2. Roll Call a Q Attendee Name Title Status Arrived Zandria Michaud Chair Present _ a 0 Satwinder Kaur Councilmember _Present _ Toni Troutner Councilmember Present N 0 N 3. Agenda Approval 4. Approval of Minutes 0 1. Approval of Minutes dated October 7, 2021 r This was a unanimous vote. MOTION: Move to approve the Minutes dated October 7, 2021 a� c RESULT: APPROVED [UNANIMOUS] a MOVER: Satwinder Kaur, Councilmember m SECONDER: Toni Troutner, Councilmember Q AYES: Michaud, Kaur, Troutner S. Business 0 A. Lunar Lander/Mission Control Contract for Kherson Park - Authorize This was a unanimous vote. MOTION: I move to authorize the mayor to sign a Goods & Services Agreement with Northwest Playground Equipment, in the amount of $300,947.34, for interactive replicas of a Lunar Lander module and Mission Control console, to be installed during the Kherson Park Renovation project, subject to final terms and conditions acceptable to the Parks Director and City Attorney. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 2 Packet Pg. 3 4.1 Parks and Human Services Committee CC Parks January 6, 2022 Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... RESULT: MOTION PASSES [UNANIMOUS] Next: 1/18/2022 7:00 PM MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Michaud, Kaur, Troutner B. Riverbend Golf Complex - Golf Cart Use Agreement and Financing Lease Agreements - Authorize This was a unanimous vote. MOTION: I move to authorize the Mayor to sign all necessary documents to lease 72 golf carts and three maintenance carts from =_ Pacific Golf and Turf, LLC through The Huntington National Bank for a 4- 4-year term that will commence upon the date the equipment is 0 received by the City and the bank remits payment to Pacific Golf and o Turf, subject to final agreement terms and conditions acceptable to a the Parks Director and City Attorney. Q RESULT: MOTION PASSES [UNANIMOUS] Next: 1/18/2022 7:00 PM c MOVER: Satwinder Kaur, Councilmember SECONDER: Toni Troutner, Councilmember N AYES: Michaud, Kaur, Troutner N C. Facilities Recap and Work Plan - Info D. Directors Report - Info 0 6. Adjournment p.m. r -RcvLaU La%h Committee Secretary a� c r a a� Q a� c ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 2 Packet Pg. 4 5.1 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: February 3, 2022 TO: Parks and Human Services Committee SUBJECT: Fee-In-Lieu Fund Re-Allocations MOTION: I move to reallocate $49,608 of fee-in-lieu funds from the budgets for to Canterbury, Service Club Ballfields, and Clark Lake Parks; amend the Community Parks Reinvestment Program budget; and authorize the future expenditure of these same funds for capital improvements at Chestnut Ridge Park. SUMMARY: In 2017 and 2018, City Council accepted $49,608.00 in fee-in-lieu funds from developers. On the respective dates of their acceptance, the funds were allocated for expenditure at Canterbury Park, Service Club Ballfields, and Clark Lake Park. Since accepting the funds, capital projects planned for those parks have been completed or rescheduled. Work on these parks will not resume before the respective five-year expenditure deadlines for these funds, which must be returned if not utilized within that time frame. The Chestnut Ridge Park Renovation is currently in the construction bidding phase and is well-positioned to spend these funds before the expenditure deadline. We, therefore, ask that the fee-in-lieu funds dedicated to Canterbury Park, Service Club Ballfields, and Clark Lake Park in 2017-18 be reallocated toward capital improvements at Chestnut Ridge Park. BUDGET IMPACT: Expense and revenue impacts to the Community Parks Reinvestment budget SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. ATTACHMENTS: 1. Fee_In_Lieu_Fund_Re_Al locations-Exhibit (PDF) Packet Pg. 5 5.1.a s KEN T Agenda Item: Consent Calendar - 7I WASH 1 H G N TO: City Council DATE: May 2, 2017 c :r SUBJECT: 2017 1" Quarter Fee-in-lieu Funds - Authorize c a MOTION: Accept $43,200.00 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget and authorize the future expenditure a of these funds for capital improvements at Chestnut Ridge Park and Canterbury Park. LL a� J SUMMARY: Between January and March 2017, the City received a total of $43,200.00 from the following developers, who voluntarily paid a fee in lieu of dedicating park land to mitigate the development of single-family homes in local subdivisions. These Ui funds will be held in a reserve account for capital improvements at Chestnut Ridge o Park and Canterbury Park, and must be expended within five years. c n ■ Harjinder Gill: subdivision into 8 lots in the 10200 block of SE 208th Street; $18,600 at Chestnut Ridge Park. x Schneider Homes: subdivision into 20 lots in the 24200 - 24300 blocks of 94th w Avenue S; $24,600 at Canterbury Park. o EXHIBITS: Copy of Revenue Report c Q RECOMMENDED BY: Parks and Human Services Committee a� o: I YEA: Fincher, Higgins, Boyce NAY: c BUDGET IMPACTS: Revenue and expense impact of $43,200.00 to the Community _I Park Reinvestment Program budget. 2 J C I d I a� U_ c N E t U R r Q Packet Pg. 6 5.1.a R55GA014 Search GL by Account Number 1/27/2022 17:02:25 GL Dates: 3/24/2017 - 3/24/2017 Page: 1 Acount Number Subledger GL Date Doc# Batch# Amount PO# Ref 2 Description Vendor or Customer PC LT RN P O P20006.56730 3/24/2017 JK 174465 390402 (24,600.00) 17-81317 777922 Schneider Family Homes P AA Account Total (24,600.00) _O Report Total (24,600.00) Q C 3 LL O O J C O LL O T 0 M M X W N C R V O Q O I I C O LL 3 I a_> J I C d I O LL C m t v c� Q Packet Pg. 7 5.1.a 4^4�� r 14 Agenda Item: Consent Calendar - 7K TO: City Council N C DATE: November 21, 2017 0 :r 0 SUBJECT: 2017 Third Quarter Fee-In-Lieu Funds - Authorize o a MOTION: Authorize the Mayor to accept $4,233 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Service Club U- Ballfields Park. a J SUMMARY: Between July and September 2017 the city of Kent received a total of ` $4,233.00 from the following developer, who voluntarily paid a fee in lieu of a dedicating park land to mitigate the development of homes in the local subdivision. These funds will be held in a reserve account for capital improvements at Service o r CD Club Ballfields Park and must be expended within five years. *Schneider Family Homes: subdivision into 21 lots in the 27800 block of 152nd Avenue SE; $4,233 at Service Club Ballfields Park x w EXHIBIT: Copy of Revenue Report N c 0 RECOMMENDED BY: Parks and Human Services Committee c YEA: Budell, Fincher, Higgins NAY: N/A �I BUDGET IMPACTS: Revenue and expense impact of $4,233.00 to the Community �I Park Reinvestment Program budget. 0 U- I a� J C I d I a� U- c N E t U R r Q Packet Pg. 8 .5.1.a R55GA014 Search GL by Account Number 1/27/2022 GL Dates: 8/28/2017 - 8/28/2017 Page: 1 Acount Number Subledger GL Date Doc# Batch# Amount PO# Ref 2 _ Description Vendor or Customer PC LT R/V F O P20006.56730 8/28/2017 JK 177120 408166 (4,233.00) 820077 Schneider Family Homes P AA Account Total (4,233.00) _p Report Total (4,233.00) Q C 3 LL O O J C O LL O T O M M X LLl N C R V O Q O I M I c O LL 3 I a_> J I C d I O LL c m t v co Q Packet PGI,7971 5.1.a KENT Agenda Item: Consent Calendar - 8G W4 ' N(i r- TO: City Council DATE: February 6, 2018 w c 0 SUBJECT: 2017 Fourth Quarter Fee-in-Lieu Funds - Authorize 0 MOTION. Authorize the Mayor accept $39,450, of fee-in-lieu funds, amend Q the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Wilson Playfields and Service Club Ballfields. a� SUMMARY: Between October and December 2017, the city of Kent received a total of $39,450.00 from the following developers, who voluntarily paid a fee in lieu of dedicating park land to mitigate the development of homes in local subdivision: U- • Schneider Family Homes: 27 lot subdivision in the 12800 block of SE 256th o r Street; $26,925 at Wilson Playfields iceD • AAA Contractors: 9 lot subdivision in the 27500 block of 148th Avenue SE; $12,525 at Service Club Ballfields x w These funds will be held in a reserve account for capital improvements at Wilson Playfields and Service Club Ballfields, and must be expended within five years. o EXHIBITS: Revenue Report 2 Q I RECOMMENDED BY: Parks and Human Services Committee YEA: Budell, Fincher Kaur NAY: �I c BUDGET IMPACTS: These funds will be allocated to the Parks Capital Budget U- I 2 J C I d I a� U- c N E t U R r Q Packet Pg. 10 .5.1.a R55GA014 Search GL by Account Number 1/27/2022 GL Dates: 12/1/2017 - 12/1/2017 Page: 1 Acount Number Subledger GL Date Doc# Batch# Amount PO# Ref 2 Description Vendor or Customer PC LT R/V R — O P20006.56730 12/1/2017 JK 178796 418825 (12,525.00) 17-86613 845347Aaa Contractors P AA Account Total (12,525.00) p Report Total (12,525.00) Q C 3 LL O J C O LL O T 0 M M X LLI N C R V O Q O I I c O LL 3 I a_> J I C d I O LL c m t v c� Q Packet Pg. 11 5.1.a ■ KENT Agenda Item: Consent Calendar - 8C TO: City Council fn DATE: July 17, 2018 0 :r SUBJECT: January - April 2018 - Fee-in-Lieu Funds - Authorize o a MOTION: Authorize the Mayor accept $33,225 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Clark Lake Park, Chestnut Ridge Park and Morrill Meadows Park. - a� J N SUMMARY: Between January and April 2018 the city of Kent received a total of$33,225 from the following developers, who voluntarily paid a fee in lieu of dedicating park land l- to mitigate the development of homes in local subdivisions. These funds will be held in o a reserve account for capital improvements at Chestnut Ridge Park, Clark Lake Park and M Morrill Meadows Park, and must be expended within five years. Z • Jagpal Basra: Subdivision into 3 single family lots, in the 20200 block of 1041h Place SE; $7,875 at Chestnut Ridge Park w • Harry Singh: Subdivision into 11 single family lots, in the 13400 block of SE 237th o Street; $8,250 at Clark Lake Park • Pulte Homes: Subdivision into 22 single family lots in the 24300 block of 10611' c Place SE; $17,100 at Morrill Meadows Park Ql CD EXHIBITS: Copy of Revenue Report RECOMMENDED BY: Parks and Human Services Committee -I a� YEA: Boyce, Kaur, Larimer NAY: J l c BUDGET IMPACT: Revenue and expense impact of$33,225.00 to the Community Park �� Reinvestment Program budget. l- CD STRATEGIC PLAN GOAL(S): E n Sustainable Services-Providing quality services through responsible financial management economic growth,and partnerships. � V R r Q Packet Pg. 12 .5.1.a R55GA014 Search GL by Account Number 1/27/2022 GL Dates: 4/12/2018 - 4/12/2018 Page: 1 Amount Number Subledger GL Date Doc# Batch# Amount PO# Ref 2 Description Vendor or Customer PC LT R/V R r- - O P20006.56730 4/12/2018 JK 181213 435578 (8,250.00) 18-93492 883834 Hs Construction P AA Account Total (8,250.00) _O Report Total (8,250.00) Q C 3 LL O O J C O LL O T 0 M M X LLl N C R V O Q O I I c O LL 3 I a_> J I C d I O LL c m t v cc Q Packet-Pg. 13 5.2 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: February 3, 2022 TO: Parks and Human Services Committee SUBJECT: 2021 Third and Fourth Quarter Fee-In-Lieu Funds MOTION: I move to authorize Council accept $14,250 of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Garrison Creek Park. SUMMARY: Between July 1, 2021, and December 31, 2021, the City of Kent received a total of $14,250.00 from the following developer, who voluntarily paid a fee-in-lieu of dedicating park land to mitigate the development of homes in a local subdivision. These funds will be held in a reserve account for capital improvements at the following parks and must be expended within five years: Kaur, Mandish & Singh: subdivision into 8 lots at 22228 94th Avenue South; $14,250 at Garrison Creek Park BUDGET IMPACT: Revenue and expense impact to Community Parks Reinvestment Program budget. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. 2021_Fee_In_Lieu-Exhibit (PDF) Packet Pg. 14 = 0 5.2.a \ g� a aka. \ � a \ \ a k ] J 0 2 k LL � a � S k I \ k / \ CY . ] m ) L j \ 2 ° S m \ CD 04 CD $ ) 2 § � m � o a a 0m \ \ w § { \ \� Co \ I � 0 CD04 � @ ~ 5 cq � k E k / \ \ � a c \ o « J Q > CD \ cm � \ q \ CD@ K E § 3 / CD CD/ \ § � / « Packet Pg. 15 5.2.a U J 13�f 5SrdAS/ Lj��fii . Id'17='1 _ Ln U U 1_ i = �6-1.0 1444..l.: Y 7 ' „ = o t — �� 0 fC - - 3.5 tm U � N N CD y� N E.2 - O L Or iA N ' ' - 'I•I 5 'O O� N O @ Ulm k Lp LU o`c N @ O o O$N N J ' . �f6a�y CI m >g4-1 of °gym G1 wok 6m L1 ig �T is a r N- O— m04 O mE N t -� N - T�a�mv _ O.IQ N l6 •.. f -O.C~C ��C 8E'ru O UU C C O �1 L N O O@ 0 Q O C u -o Y - .. nc o-8 1p - U.•Vl m �6L.cE-E �Uwmbc UU a 3 O Uj 44JJ T O C N 0 33] —Sf cY� mLaN o o w N -A a1 V 2 S. 0 Packet Pg. 16 5.3 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: February 3, 2022 TO: Parks and Human Services Committee SUBJECT: Contract to Provide Playground Equipment, Park Amenities, and Related Products and Services MOTION: I move to authorize the Parks Department to purchase playground equipment and other park amenities through the cooperative purchasing agreement established by the City of Charlotte, North Carolina with Kompan, Inc., if those purchases are within the City's established budgets and made during the term of the cooperative contract. SUMMARY: Omnia Partners, Public Sector, is a cooperative purchasing organization for public sector procurement. In 2018, Omnia Partners merged National Intergovernmental Purchasing Alliance Company (NIPA) and US Communities to become the nation's largest cooperative purchasing organization in public sector procurement. The City of Kent has previously been a member of each of those separate entities and is now a member of Omnia Partners. Through a purchasing cooperative, one public agency competitively bids and negotiates a master agreement to be used by that lead public agency, but also by all other public agencies who are members of the purchasing cooperative. It is often more advantageous for the City to purchase through a cooperative as the purchasing power of the cooperative allows the lead public agency to negotiate more favorable terms than the City would likely receive negotiating on its own. In 2017, the City of Charlotte, North Carolina, through the purchasing cooperative, contracted with Kompan, Inc. for playground and outdoor fitness equipment, site accessories, surfacing, and related products and services. The original term of the cooperative agreement is through June 30, 2022, though there are options to renew the agreement that are available to extend it through June 30, 2026. Previously, the City purchased playground equipment for Green View Park through this cooperative agreement at a total cost of $59,484.70, including applicable sales tax. However, the City has a current need to purchase additional playground equipment for Salt Air Vista Park, valued at approximately $167,000, which takes the total purchases beyond the Mayor's contracting authority. In addition to seeking Council's approval for this current need at Salt Air Vista Park, Parks staff seeks Council approval to allow for future purchases under this cooperative agreement through its full term, which currently expires on June 30, 2022, though there are options available to possibly renew the agreement through June 30, 2026. Packet Pg. 17 5.3 The Parks Department consulted with the City Attorney's Office on this cooperative agreement, who reviewed its terms and advised that no other contract document is required for the City to take advantage of the cooperative agreement and purchase through it, assuming Council authorizes the same. A copy of the complete contract document is already on file with the City Clerk's Office and a copy is attached for Council's review. BUDGET IMPACT: Initial expense impact to Salt Air Vista Park Renovation budget. Potential expense impact to various parks projects approved within the capital budget. SUPPORTS STRATEGIC PLAN GOAL: Innovative Government - Delivering outstanding customer service, developing leaders, and fostering innovation. Evolving Infrastructure - Connecting people and places through strategic investments in physical and technological infrastructure. Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. ATTACHMENTS: 1. Purchasing_Agmt_Kompan-Exhibit (PDF) Packet Pg. 18 5.3.a Contract No.2017001135 Vendor No.303668 c M N r STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG 0- CONTRACT TO PROVIDE a PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT,SITE ACCESSORIES, SURFACING,AND RELATED PRODUCTS AND SERVICES M This Contract (the "Contract") is entered into as of this 1st day of July 2017 (the "Effective aNi Date"), by and between Kompan, Inc. a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation(the "City"). RECITALS ,ac L WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground a Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and c Services dated January 25, 2017. This Request for Proposals together with all attachments and E addenda, is referred to herein as the"RFP"; and WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March w 16, 2017. This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the"Proposal"and incorporated into this contract by reference. 'o 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 a 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 0 districts, and higher education institutions in the United States of America, and other government a agencies and nonprofit organizations (herein "Participating Public Agencies"), competitively 0 solicited and awarded the Contract to the Company. The City has designated U.S. Communities L as the administrative and marketing conduit for the distribution of the Contract to Participating = 0 Public Agencies. v 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 M Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase Z orders, contractual disputes, invoicing, payment and all other matters relating or referring to such w Participating Public Agency's access to the Contract. c 0 Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Q- E Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public 0 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 E a� laws of the state in which the Participating Public Agency resides. Qi 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 M contained herein,the parties agree as follows: L CONTRACT a c 1. EXHIBITS. 1 Q Packet Pg. 19 5.3.a Contract No.2017001135 Vendor No.303668 c The Exhibits below are hereby incorporated into and made a part of this Contract. In `° N 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 c resolved in the order in which the Exhibits appear below. Each reference to Kompan in the L- Exhibits and Appendices shall be deemed to mean the Company. as EXHIBIT A: Discount Schedule and Price Lists m EXHIBIT B: Installation Fees c EXHIBIT C: National Network of Distributors and Installers `° ui EXHIBIT D: Freight Rate Schedules c EXHIBIT E: Product Warranties E E EXHIBIT F: Scope of Services ,QLc �a EXHIBIT G: U.S. Communities Administrative Agreement a EXHIBIT H: Confidentiality Terms a 2. DEFINITIONS. As used in this Contract,the following terms shall have the meanings set forth below: c Acceptance: Refers to receipt and approval by the City of a Deliverable or 'o Service in accordance with the acceptance process and criteria in this Contract. a Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for o which the City processes data or performs Services. a` Biodegradable: Refers to the ability of an item to be decomposed by bacteria or ° other living organisms. L Charlotte Business Refers to the Charlotte Business Inclusion office of the City c Inclusion (CBI): of Charlotte. v Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined c 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 z Carolina counties of Chester, Lancaster, and York; a criteria w used by Charlotte Business INClusion to determine eligibility to participate in the program. Q- E City: Refers to the City of Charlotte,North Carolina. 10 i Company: Refers to a company that has been selected by the City to a� provide the Products and Services of this Contract. Qi Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Project. M Contract: Refers to a written agreement executed by the City and Company for all or part of the Services. a c m E 2 a Packet Pg. 20 5.3.a Contract No.2017001135 Vendor No.303668 c Deliverables: Refers to all tasks,reports, information, designs,plans, and other `° N items that the Company is required to deliver to the City in connection with the Contract. -3a 0 L Documentation: Refers to all written, electronic, or recorded works that describe a the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to m the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, c program listings,data models, flow charts,and logic diagrams. `° ui Environmentally Refers to Products that have a lesser or reduced effect on Preferable Products: human health and the environment when compared with m competing Products that serves the same purpose. This E a comparison may consider raw materials acquisition, production, L manufacturing, packaging, distribution, reuse, operation, a maintenance, or disposal of the product. Lead Public Agency: Refers to the City of Charlotte,North Carolina. E a Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the competitive w solicitation and selection process, wherein Participating Public Agencies may utilize the agreement to purchase Products and o Services. a Minority Business m 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 0 fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or L Black, Hispanic, Asian, Native American or American Indian; _ 0 and (c) is headquartered in the Charlotte Combined Statistical c� Area. MWSBE: Refers to SBEs,MBEs and WBEs, collectively. M Participating Public Agency: Refers to all states, local governments, school districts, and w higher education institutions in the United States of American, a and other governmental agencies and nonprofit organizations E that elect to purchase Products and Services under the Master Y Agreement. E a� Products: Refers to all Products that the Company agrees to provide to the Qi City as part this Contract. c .y Services: Refers to the Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services as requested in this RFP. a c m E 3 a Packet Pg. 21 5.3.a Contract No.2017001135 Vendor No.303668 c Specifications and Refers to all definitions, descriptions,requirements,criteria, `° N Requirements: warranties, and performance standards relating to the Deliverables and Services that are set forth or referenced in: (i) c this RFP, including any addenda; (ii) the Documentation; and a (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. c M 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. a 4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES. L 4.1 The Company shall provide the Products and Services in accordance with the terms a and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth in Exhibit A, the prices set forth in a) E Exhibit A constitute all charges payable by the City for the Products and Services, Q- and all labor, materials, equipment, transportation, facilities, storage, information w 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 (L a) on an as needed basis for the quantity required at the time during the term of the :2 Contract. i a 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 Proposal statutes, and provided the City is authorized by law to make such purchases without �j a formal Proposal process. 0 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 z purpose for which the City is acquiring them. w c ° 7. COMPENSATION. The City shall pay the Company for the Products and Services Q- delivered in compliance with the specifications at the prices set forth in Exhibit A. This Y 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 a� both parties in compliance with the price adjustment provisions set forth in Exhibit A. The Qi Company shall not be entitled to charge the City any prices, fees or other amounts that are not listed in Exhibit A. y ° 8. PRICE ADJUSTMENTS. a 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 E 4 a Packet Pg. 22 5.3.a Contract No.2017001135 Vendor No.303668 c option terms unless the City approves a price adjustment in writing in accordance `° N with the following terms: 3 8.1.1 Price increases shall only be allowed when justified in the City's sole o discretion based on legitimate, bona fide increases in the cost of materials a and in the cost of labor for Installation Services as set forth in Section 8.1.3 of this Contract. No adjustment shall be made to compensate the Company m for inefficiency in operation, increase in labor costs associated with the manufacture of the Products, or for additional profit. c M 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 E the cost of materials and Installation Services. The request must state and L fully justify the proposed price increase per unit or per installation over the a price originally proposed. City of Charlotte E M&FS Finance Office/Procurement Management 600 East Fourth Street ty w Charlotte,NC 28202 8.1.3 Except as provided below, 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 a City's sole discretion. If the City rejects such price increase, the Company :2 shall continue performance of the Contract. Price adjustments, including c increases and decreases, shall be made for Installation Services in accordance a` with the percentage change in the U.S. Department of Labor Producer Price Index (PPI), Industry Group Construction — Item Code 238 1-Foundation, Structure, and Building Exterior Contractors if such percentage exceeds two percent(2%). The percentage difference between the PPI issued for October, v 2017, and the PPI issued for each October of the year of requested adjustment will determine the maximum allowable adjustment of the original Contract prices for Installation Services. M r 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 a Company shall notify the City in writing if the market factors on which the E City granted the increase change such that the City's reasons for granting the Y increase longer apply. E 8.2 If the Company's unit prices for any Products and/or Services should decrease, the Q Company shall provide the affected Products and/or Services at the lower vi discounted price. The Company will provide the City with prompt written notice of w all decreases in unit prices. 8.3 If a Product becomes unavailable, or if a new Product becomes available, the a 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 E 5 a Packet Pg. 23 5.3.a Contract No.2017001135 Vendor No.303668 c market. Any new or replacement items added may be subject to Proposal statute `° N requirements. 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 -3a exceeds the Specifications, is compatible with the Cit 's operating environment 0 p p Y p g a and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order. m 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 c the requested payment. The Company shall send one (1) copy only of each invoice using `° one of the following options: a� :r Option 1 —E-mail one copy of each invoice to cocapAcharlottenc.gov. Company shall not mail invoices that have been sent via e-mail. E Option 2—Mail one copy of each invoice to: a City of Charlotte Accounts Payable PO Box 37979 Charlotte,NC 28237-7979 Q. Attn: (Insert Department) 5 w 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. c 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 m verify the charges contained in the invoice. Invoices must include state and local sales tax. 0 L 10. CONTRACT MONITORING. The City shall have the right to audit the Company's m 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 L written action plan to correct any Contract deficiency identified during these compliance c audits, and shall submit such plan to the City within thirty(30) days of notification of non- v compliance. 0 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. w 12. AUDIT. During the term of the Contract and for a period of three (3) years after M termination or expiration of this Contract for any reason, the City shall have the right to Q' E audit, either itself or through a third party, all books and records (including but not limited 0 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 E obligations. The City shall pay its own expenses, relating to such audits, but shall not have Qi 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. L 13. GENERAL WARRANTIES. Company represents and warrants that: a 13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Washington, and is qualified to do business in North Carolina; E 6 a Packet Pg. 24 5.3.a Contract No.2017001135 Vendor No.303668 c 13.2 It has all the requisite corporate power and authority to execute, deliver and perform `° N its obligations under this Contract; 13.3 The execution, delivery, and performance of this Contract have been duly authorized o by Company; a 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; c 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 c m 13.6 The Company shall not violate any agreement with any third party by entering into or E a performing this Contract. L �a 14. ADDITIONAL REPRESENTATIONS AND WARRANTIES. Company represents a warrants and covenants that: c a� 14.1 The Products and Services shall comply with all requirements set forth in this a Contract,including but not limited to the attached Exhibits; w 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 c professional and workmanlike manner by staff with the necessary skills, experience a� and knowledge; 14.3 Neither the Services, nor any Products provided by the Company under this Contract m will infringe or misappropriate any patent, copyright, trademark or trade secret rights :2 of any third party; and IL 14.4 The Company and each of its subcontractors have complied and shall comply in all C 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 v applicable verifications,permits, and licenses. 15. COMPLIANCE WITH LAWS. All Products and Services delivered under this Contract M 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 Z and permits, and comply with all federal, state and local laws,regulations and ordinances. w 16. DELIVERY TIME. When delivery time is requested in the RFP, (whether in the form of r_ a specific delivery date or maximum number of days for delivery) time is of the essence. Q- The Company's Proposal shall be deemed a binding commitment of the Company to meet Y 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 a� default and/or exercise any other remedies available at law or in equity. Qi 17. QUALITY. Unless this Contract specifically states otherwise for a particular item, all c components used to manufacture or construct any supplies, materials or equipment or M Products provided under this Contract shall be: (a) new; (b)the latest model; (c) of the best L quality and high-grade workmanship; and (d) in compliance with all applicable federal, IL 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. E 7 a Packet Pg. 25 5.3.a Contract No.2017001135 Vendor No.303668 c Whenever this Contract states that a Product or Service shall be in accordance with laws, `° N 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 c minimum requirements that are in addition to any other requirements that may be stated in a this Contract. as 18. DESIGN AND/OR MANUFACTURER REQUIREMENT. All Products and Services m 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 M 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 a business hours and upon at least three (3) days' notice to the Company(except that a store L may be inspected at any time during regular store hours without notice). a 20. PREPARATION FOR DELIVERY. 20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, Q- storage or shipment, without damage to the contents. The Company shall make w 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. a a) 20.2 Marking. All cartons shall be clearly identified with the City purchase order number :2 and the name of the department making the purchase. Packing lists must be affixed i to each carton identifying all contents included in the carton. If more than one a carton is shipped, each carton must be numbered and must state the number of that 0 carton in relation to the total number of cartons shipped(i.e. 1 of 4, 2 of 4, etc). L 20.3 Shipping. The Company shall follow all shipping instructions included in the RFP, c the City's purchase order or in the Contract. �? 21. ACCEPTANCE OF PRODUCTS/SERVICES. The Products delivered under this c 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 z notice to the Company and return such Products (and any related goods)to the Company at w the Company's expense. In the event the Services provided under this Contract do not r- comply with the Contract, the City reserves the right to cancel the Service and rescind any Q- related purchase of Products upon written notice to the Company. The remedies stated in Y 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. a� 22. GUARANTEE. Unless otherwise specified by the City, the Company guarantees the materials and workmanship on all Products and Services for the guarantee period associated with a specific product or services, as specified in Company documentation and M quotation. If, within the guarantee period any defects occur due to a faulty Product or L Services (including without limitation a failure to comply with the Specifications), the a 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 8 a Packet Pg. 26 5.3.a Contract No.2017001135 Vendor No.303668 c adjustments shall be made only at such time as will be designated by the City to ensure the `° N least impact to the operation of City business. 3 23. NO LIENS. All Products shall be delivered and shall remain free and clear of all liens and o L encumbrances. a 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: c m (A) Employ such means as it may deem advisable and appropriate to obtain the E applicable Products and/or Services (or reasonable substitutes) from a third party; and c° IL (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 E 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 w Contract the City shall have the right to withhold all payments related to the breach due to c the Company until such breach has been fully cured. o M 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 a cumulative and not exclusive and may be exercised successively or concurrently, in -a) addition to any other available remedy. c L 28. TERMINATION. a 0 28.1 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 v hundred and eighty(180) days written notice to the City. 28.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to c the other party, either party may terminate this Contract upon the occurrence of one or more of the following events: 28.2.1 The other party violates or fails to perform any covenant, provision, w obligation, term or condition contained in this Contract, provided that, c unless otherwise stated in this Contract, such failure or violation shall not be Q. cause for termination if both of the following conditions are satisfied: (i) c such default is reasonably susceptible to cure; and(ii) the other party cures Y such default within thirty (30) days of receipt of written notice of default E from the non-defaulting party; or Qi 28.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof, or 28.2.3 The other party ceases to do business as a going concern, makes an 2 assignment for the benefit of creditors, admits in writing its inability to pay a 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 9 a Packet Pg. 27 5.3.a Contract No.2017001135 Vendor No.303668 c performance of all its obligations under this Contract shall continue), or if a f° N receiver, trustee or liquidator is appointed for it or any substantial part of other party's assets or properties. c L Any notice of default pursuant to this Section shall identify and state the a party's intent to terminate this Contract if the default is not cured within the specified period. f° m 28.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon `° ui the occurrence of one or more of the following events (which shall each constitute :r grounds for termination without a cure period and without the occurrence of any of c the other events of default previously listed): E a 28.3.1 The Company makes or allows to be made any material written L misrepresentation or provides any materially misleading written information a in connection with this Contract, Company's Proposal, or any covenant, c agreement, obligation,term or condition contained in this Contract; or E 28.3.2 The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not w limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of 'o insurance as required by this Contract. 28.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of a the Contract shall not relieve the Company of the obligation to pay any fees, taxes or a, 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 a relieve the Company from any claim for damages previously accrued or then C accruing against the Company. 28.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all v 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 M 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 z City all pre-paid sums for Products or Services that have been cancelled and will not w be delivered. c M CL 28.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of E default by the Company, notwithstanding anything to the contrary in this Contract, Y the Company agrees that it will not terminate this Contract or suspend or limit they 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 Qi writing,or(ii) an order of a court of competent jurisdiction determines otherwise. c .y 28.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City. 28.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration a 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 E 10 a Packet Pg. 28 5.3.a Contract No.2017001135 Vendor No.303668 c hereunder to another provider or to the City as determined by the City in its sole `° N discretion. The transition services that the Company shall perform if requested by the City include but are not limited to: c L 28.8.1 Working with the City to jointly develop a mutually agreed upon transition a services plan to facilitate the termination of the Services; and c� 28.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities; c 28.8.3 Performing the transition service plan activities; `° ui 28.8.4 Answering questions regarding the Products and Services on an as-needed basis; and m E 28.8.5 Providing such other reasonable Services needed to effectuate an orderly Q transition to a new system. L Q_ 29. NO DELAY DAMAGES. Under no circumstances shall the City be liable to the Company for any damages arising from delay in performance for reasons other than a E Force Majeure Event. a 30. MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves w 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. 0 L 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 :2 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, a 0 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 L may arise under law or under the terms of this Contract. c 32. INDEMNIFICATION. To the fullest extent permitted by law, the Company shall v 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 c result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or other z z proprietary rights with respect to the Work or any Products or deliverables provided to the x w 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 a this Contract; or (iii) arising from the Company's failure to perform its obligations under E this Contract, or from any act of negligence or willful misconduct by the Company or any Yi of its agents, employees or subcontractors relating to this Contract, including but not E limited to any liability caused by an accident or other occurrence resulting in bodily injury, Q 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 .y local law, regulation or ordinance by the Company or any its subcontractors (including M 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, a 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 11 a Packet Pg. 29 5.3.a Contract No.2017001135 Vendor No.303668 c and each of the City's officers, officials, employees, agents and independent contractors y (excluding the Company); and (b) the term "Charges" means any and all losses, damages, costs, expenses (including reasonable attorneys' fees), obligations, duties, fines, penalties, c royalties, interest charges and other liabilities (including settlement amounts) or any other a legal theory or principle,in connection with an Infringement Claim. a� 33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the m 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 `° ui to terminate the Contract immediately upon written notice to the Company. :r The Company agrees to purchase and maintain the following insurance coverage during the m life of the Contract with an insurance company acceptable to the City of Charlotte, E a authorized to do business in the State of North Carolina: L �a (A) Automobile Liability: Bodily injury and property damage liability covering all a 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 E $1,000,000 combined single limit each occurrence/aggregate. (B) Commercial General Liability: Bodily injury and property damage liability as w shall protect the Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from o performance of the Contract, whether such work is performed by the Company, any subcontractor or anyone directly or indirectly employed by either. The IL amounts of such insurance shall not be less than $1,000,000 bodily injury each a, 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 c 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 v 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. M 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 w City for all loss or damages arising from the Consultant's operations under this agreement. a The Company and each of its subcontractors shall and does waive all rights of subrogation E against the City and each of the Indemnitees,as defined in Section 32. Y i The Company shall not commence any work in connection with the Contract until it has E obtained all of the types of insurance set forth in this Form, and such insurance has been Q approved by the City. The Company shall not allow any subcontractor to commence work ai 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 a 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. E 12 a Packet Pg. 30 5.3.a Contract No.2017001135 Vendor No.303668 c All insurance certificates must include the City of Charlotte's contract number in the y description field. 3 The City shall be exempt from, and in no way liable for any sums of money that may o represent a deductible in any insurance policy. The payment of such deductible shall be the a sole responsibility of the Company and/or subcontractor providing such insurance. c� 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 a any arbitration conducted thereunder. As part of such compliance, the Company shall not c discriminate on the basis of race, gender, religion, national origin, ethnicity, age or E disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or a suppliers in connection with a City contract or contract solicitation process, nor shall the L Company retaliate against any person or entity for reporting instances of such a discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City E 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 w 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 'o of this Contract, disqualification of the Company from participating in City contracts or other sanctions. M E As a condition of entering into this Contract, the Company agrees to: (a) promptly provide a, 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 0 the City within sixty(60) 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 L the past five (5) years, including the total dollar amount paid by the Company on each = 0 subcontract or supply contract. The Company further agrees to fully cooperate in any v 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 �o 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 w suppliers in connection with this Contract within a certain period of time. Such affidavits r_ shall be in the format specified by the City from time to time E The Company understands and agrees that violation of this Commercial Non- Y 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. Qi 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 a supplied by the City in any manner except that contemplated by this agreement. m E 0 13 Q Packet Pg. 31 5.3.a Contract No.2017001135 Vendor No.303668 c 36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and y 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 c agrees that its personnel and the personnel of its subcontractors will comply with all rules, a regulations and security procedures of the City when on the City's premises. as 37. BACKGROUND CHECKS. The Company agrees that it has conducted or will conduct m 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 `° ui the Company's standard pre-employment screening practices or otherwise. The Company :r will complete a background check on an annual basis for each person working at the c Charlotte facility. Background check will include at a minimum: E Q a. Criminal records search, L �a b. Identification verification; and a C. Proof of authorization to work in the United States. The Company agrees if any personnel does not meet the background qualifications, he/she Q' M shall not be assigned to perform Services under this Contract. The Company will notify the w 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 c any Services under this Contract,the Company shall contact the City immediately. 0� 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: 0 38.1 Notify employees that the unlawful manufacture, distribution, dispensation, a` possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition; L 38.2 Establish a drug-free awareness program to inform employees about (i) the dangers c of drug abuse in the workplace, (ii) the Company's policy of maintaining a drug-free v workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for o drug abuse violations; 38.3 Notify each employee that as a condition of employment, the employee will (i) z aProposale by the terms of the prohibition outlined above, and (ii) notify the x w Company of any criminal drug statute conviction for a violation occurring in the c workplace not later than five days after such conviction; a E 38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, 0 rehabilitation or abuse program by an employee convicted of a drug crime; �I 38.5 Make a good faith effort to continue to maintain a drug-free workplace for Qi employees; and c 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. L A false certification or the failure to comply with the above drug-free workplace a requirements during the performance of this Contract shall be ground for suspension, termination or debarment. E 14 a Packet Pg. 32 5.3.a Contract No.2017001135 Vendor No.303668 c 39. NOTICES. Any notice, consent or other communication required or contemplated by this f° N 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 c below. Notice shall be effective upon the date of receipt by the intended recipient; a 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. c Communications that relate to any breach, default, termination, delay in performance, `° ui prevention of performance, modification, extension, amendment, or waiver of any :r provision of this Contract shall be sent to: c m For The Company: For The City: Q Kerrin Smith Karen Ewing Y L Kom an,Inc. Procurement Management Division a 821 Grand Avenue Parkway 600 East Fourth Street Pflugerville,TX 78660 Charlotte,NC 28202 E Phone: 888.579.8223 Phone: 704.336.2992 Q- Fax: 888.579.8224 Fax: 704.632.8254 ty w E-mail: kersmi@kompan.com E-mail: kewing@charlottenc.gov c 0 With Copy To: With Copy To: Cindy White cy Senior Assistant City Attorney a m 600 East Fourth Street :a Charlotte,NC 28202 0 Phone: 704-336-3012 a Fax: 704-336-8854 0 E-mail: cwhitekci.charlotte.nc.us L All other notices shall be sent to the other party's Project Manager at the most recent c address provided in writing by the other party. v 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 c� 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 w third party beneficiary. c 0 CL 41. FORCE MAJEURE. Neither party shall be liable for any failure or delay in the E performance of its obligations pursuant to the Contract, and such failure or delay shall not 0 be deemed a default of the Contract or grounds for termination hereunder if all of the },1 following conditions are satisfied: a� Q If such failure or delay: c 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, a earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, m civil disorders,rebellions or revolutions or court order. E 15 a Packet Pg. 33 5.3.a Contract No.2017001135 Vendor No.303668 _ An event that satisfies all of the conditions set forth above shall be referred to as a "Force y Majeure Event."Upon the occurrence of a Force Majeure Event, the affected parry shall be excused from any further performance of those of its obligations which are affected by the c Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the a affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay. m 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 N a� :r prevents the Company from performing its obligations for more than fifteen (15) days, the c City shall have the right to terminate the Contract by written notice to the Company. E a Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts, L lockouts, and industrial disputes of the Company or its subcontractors shall not constitute a "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 a) have regarding disaster recovery,whether under the Contract or at law. a 42. CONFIDENTIALITY. Each party shall adhere to the Confidentiality Terms stated in w Exhibit H of this Contract. c 43. MISCELLANEOUS. o M 43.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the entire agreement between the parties with respect to the subject matter a herein. There are no other representations, understandings, or agreements between :2 the parties with respect to such subject matter. This Contract supersedes all prior c agreements, negotiations, representations and proposals, written or oral. a` Notwithstanding the forgoing, the parties agree that the RFP and the Proposal are relevant in resolving any ambiguities that may exist with respect to the language of this Contract 43.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in c0 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 �o a Department Director, the City Manager, or an Assistant City Manager; depending on the amount. Some increases may also require approval by City Council. z 43.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the w interpretation and enforcement of this Contract, and any other matters relating to this c Contract (all without regard to North Carolina conflicts of law principles). All legal a actions or other proceedings relating to this Contract shall be brought in a state or c federal court sitting in Mecklenburg County, North Carolina. By execution of this Yi Contract, the parties submit to the jurisdiction of such courts and hereby irrevocably E waive any and all objections which they may have with respect to venue in any court Q sitting in Mecklenburg County,North Carolina. c 43.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract 2 without the prior written consent of the other. Any assignment attempted without the a written consent of the other party shall be void. For purposes of this Section, a }; Change in Control, as defined in Section 43.8 constitutes an assignment. E 16 a Packet Pg. 34 5.3.a Contract No.2017001135 Vendor No.303668 c 43.5 SEVERABILITY. The invalidity of one or more of the phrases, sentences, clauses or `° N 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 c Contract can be determined and effectuated. If any provision of this Contract or a 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. c M 43.6 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 E a reference in responses to requests for proposals, and may identify the City as a L customer in presentations to potential customers. a 43.7 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. Q. 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 w other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights. o 43.8 CHANGE IN CONTROL. In the event of a change in"Control"of the Company(as a deemed 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 M 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 L cause the direction of the management and policies of the Company whether through c the ownership of voting securities,by contract or otherwise. c� 43.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or o 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. z 43.10 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The x w Company agrees to make itself aware of and comply with all local, state and federal M CL ordinances, statutes, laws, rules and regulations applicable to the Services. The E Company further agrees that it will at all times during the term of this Contract be in Y 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, E the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), Qi the Family and Medical Leave Act (FMLA) and all OSHA regulations applicable to the work. �+ M 43.11 TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services. a c m E 17 a Packet Pg. 35 5.3.a Contract No.2017001135 Vendor No.303668 c 43.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, `° N 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 c to the following: a Section 3 "Term" Section 12 "Audit" Section 13 "General Warranties" M Section 14 "Additional Representations and Warranties" aNi :r Section 22 "Guarantee" E Section 27 "Other Remedies" Q Y Section 28 "Termination" a Section 32 "Indemnification" c d Section 33 "Insurance" E a Section 39 "Notices" w Section 42 "Confidentiality" Section 43 "Miscellaneous" 0 43.13 NON-APPROPRIATION OF FUNDS. If City Council does not appropriate the m funding needed by the City to make payments under this Contract for a given fiscal :2 year, the City will not be obligated to pay amounts due beyond the end of the last 0 fiscal year for which funds were appropriated. In such event,the City will promptly a 0 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 L omission by the City, which is attributable to non-appropriation of funds shall c constitute a breach of or default under this Contract. v 43.14 E-VERIFY. Company shall comply with the requirements of Article 2 of Chapter c 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well. z 43.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the w 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 Q- E causing it to appear on any such list during the term of this Contract; and(iii)it will 0 not utilize any subcontractor that is identified on any such list to provide goods or Services hereunder. E a� Q i 43.16 PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Stat. 159-28(a) c 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 a Contract nor any implied duty of good faith and fair dealing. The City has no E 18 a Packet Pg. 36 5.3.a Contract No.2017001135 Vendor No.303668 c financial obligation under this Contract absent the City's execution of a valid and y binding purchase order or contract addendum containing a pre-audit certificate." 3 43.17 UNIFORM ADMINISTRATIVE REQUIREMENTS ° a 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. c M 43.18 COUNTERPARTS. ui This Contract may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. E a [Signature Page Follows] a IL c d E a W c 0 L a� a m 0 L a 0 0 L 0 U 0 M r t k W C O CL E O Y I E Q I C .y R t V L a c m E 19 a Packet Pg. 37 5.3.a Contract No.2017001135 Vender No.303668 c M IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and r understood each and every provision hereof, the parties have caused this Contract to be executed on the date first written above. 0 L COMPANY: BY: M PRINT NAME: � TITLE: � a �-' c DATE: ApietL- 26") —r-4 7 E a w c CITY OF CHARLOTTE CITY OF CHARLOTTE c CITY MANAGER'S OFFI RISK MANAGEMENT DIVISION: a m BY: BY: 0 L i a PRINT!TAME: T �rr :+ � PRINT NAME: 0 L TITLE: TITLE: Oar 0 U DATE: ] 1 17 DATE: �l 0 M r t k w C O 0. E 0 Y I E Q I C .y R t V L a c m Q Packet Pg. 38 5.3.a Shelter Price List #3000-2017 Item No. Description Diameter Price c Steel Frame,8000 Series, Double Tier Hexagonal,with M SII-8032D-MR29 Metal Roof and Tongue&Groove Roof Decking 32' $27,272 3 Pittsburgh,8500 Series,Octagonal Shelter,All Steel with 24. SII-8516P 16' o Guage Pre-Cut Metal Roof $9,997 a Pittsburgh,8500 Series, Octagonal Shelter,All Steel with 24. SII-8524P Guage Pre-Cut Metal Roof 24' $16,363 f° m Steel Frame,8500 Series, Octagonal Shelter with Fiberglass SII-8516-FS Shingles&Tongue&Groove Roof Decking 16' $10,139 Steel Frame,8500 Series,Octagonal Shelter with Fiberglass SII-8524-FS Shingles&Tongue&Groove Roof Decking 24' $17,191 c Steel Frame,8500 Series, Octagonal Shelter with Metal E SII-8516-MR29 Roof and Tongue&Groove Roof Decking 16' $10,935 Q Y Steel Frame,8500 Series,Octagonal Shelter with Metal M SII-8524-MR29 Roof and Tongue&Groove Roof Decking 24' $18,226 a Pittsburgh,8500 Series,Octagonal Shelter,All Steel with 24. y SII-8524DP Guage Pre-Cut Metal Roof 24' $18,592 a Pittsburgh,8500 Series, Octagonal Shelter,All Steel with 24. SII-8532DP Guage Pre-Cut Metal Roof 32' $28,164 W Steel Frame,8500 Series, Double Tier Octagonal w SII-8524D-FS Fiberglass Shingles&Tongue&Groove Roof Decking 24' $17,168 a� Steel Frame,8500 Series, Double Tier Octagonal w SII-8532D-FS Fiberglass Shingles&Tongue&Groove Roof Decking 32' $29,285 d m Steel Frame,8500 Series, Double Tier Octagonal,with SII-8524D-MR29 Metal Roof and Tongue&Groove Roof Decking 24' $20,055 a Steel Frame,8500 Series, Double Tier Octagonal,with o SII-8532D-MR29 Metal Roof and Tongue&Groove Roof Decking 32' $32,040 M L Prices do not include freight, installation or engineered drawings c V 0 M a+ t X W C R E O Y .r I E Q I C M t v L d E V Q 3/8/2017 4 OF 4 Packet Pg. 39 5.3.a Musical Pieces Price List #4000-2017 Item No. Description Price IC to FRN-CADENCE 13 Note Tenor Marimba In Ground $3,790.00 FRN-CONTRABASSCHIMES 7 Aluminum Chimes In Ground $5,678.00 0 18 Note Resonated li FRN-DUET Xylophone/Marimba In Ground $3,726.00 FRN-IMBARIMBA 22 Note Resonated Marimba In Ground $4,682.00 f° m FRN-LILYPADCYMBALS 10 Note Aluminum Discs In Ground $2,800.00 FRN-MANTARAY 36 Note Metallophone In Ground or Surface Mount $4,695.00 FRN-PAGODABELLS 8 Stainless Steel Bells In Ground $3,718.00 to FRN-PEGASUS 23 Note Resonated Metallophone In Ground $4,549.00 d FRN-SWIRL 26 Note Resonated Metallophone In Ground $5,652.00 d FRN-TUNEDDRUMS Set of 5 PVC Hand Drums-Normal In Ground $3,218.00 Q FRN-TODDTUNEDDRUMS Set of 5 PVC Hand Drums-Toddler In Ground $3,609.00 ca FRN-YANTZEE 10 Bass Note Resonated Metallophc In Ground $4,308.00 0_ FRN-ARIA 9 Note Non-resonated Xylophone In Ground $1,938.00 r_ FRN-GRIFFIN 11 Note Resonated Metallophone In Ground $3,252.00 E 11 Note Resonated Metallophone W FRN-JACK on molded plastic frame In Ground $2,585.00 c FRN-JILL 11 Note Resonated Marimba In Ground $2,585.00 0 FRN-MELODY 9 Note Resonated Xylophone In Ground $1,783.00 A FRN-MERRY 11 Note Resonated Metallophone In Ground $2,619.00 d FRN-RHYTHM 9 Note Resonated Marimba In Ground $1,783.00 11 Note Resonated Marimba, > 0 FRN-PIPER fiberglass keys In Ground $2,602.00 li 0 ENSEMBLES FRN-WEENOTES Griffin, Merry&Piper 3 Weenotes $7,702.00 L FRN-STARTER Duet, Drums&Yantzee 3 Instruments $10,175.00 0 FRN-DELUXE Imbarimba,Swirl,Yantzee, Drums 4 Instruments $15,922.00 V Contrabass Chimes, Imbarimba, o FRN-PREMIUM Swirl, Pegasus, Drums 5 Instruments $21,194.00 Contrabass Chimes, Lilypad x Cymbals, Manta Ray,Swirl, Pagoda W c FRN-SCULPTURAL I Bells&Aria 16 Instruments $21,896.00 Prices do not include freight or installation E Y .r I E Q I C ca t v L d E V Q 3/8/2017 1 OF 1 Packet Pg. 40 5.3.a Park Furniture Installation Price List #5000 STATE DESCRIPTION RATE y INSTALLATION Installation of Park Benches $270.00 O INSTALLATION Installation of Picnic Tables $310.00 a INSTALLATION Installation of Litter Receptacles $230.00 a� INSTALLATION Installation of Bike Racks $425.00 INSTALLATION Installation of Swing Benches $540.00 Q� INSTALLATION lInstallation of Planters $310.00 c O Rates are a maximum allowable percentage rate under the contract. vi Minimum Installation Fee of$5,000.00 w Installation rates do not include Prevailing Wages.Please ask for a quote with Prevailing Wage d Rates,if applicable. Q Unless otherwise noted in the quote,the installation charge includes the below: Y L Receiving shipment on site and off-loading equipment a Layout and excavation of footing holes for equipment provided by KOMPAN Assembly of equipment provided by KOMPAN O E Concrete footings(where applicable) 2- Below is a list of services that are not automatically included in the quote for a W product installation,but may be available for an extra charge c Please inquire with your local KOMPAN sales associate for details: Off-site disposal of packaging from delivered equipment Removal of excavated soil from site a Additional site excavation not involving equipment footings y Permits 0 Storage of Equipment a Site Fence—Security 0 Installation in stages U Non-standard working hours(i.e.nights,weekends,holidays) Unless otherwise noted,the quoted installation charge assumes the following V site conditions: T Adequate access to the site for vehicles and equipment c M A flat,level site(less than 1%grade)with no existing surfacing, drain rock,or other landscaping material Clear markings of play site borders and finished grade height x W Good soil conditions for excavation(i.e.no large rocks, O tree roots,underground structures,etc.) All underground utilities marked clearly by customer prior to installation 0 Y crew arriving on site and without those utilities interfering w,l with necessary footing holes If products are ordered as"surface mount"and will be anchored to an existing al concrete slab,that the slab meets the thickness and strength c requirements associated with the equipment. s If any of the above site conditions are not met,this may result in an inability to complete the L installation and/or may result in additional installation charges. d c a� E t c,> R r a 3/8/2017 1 OF 1 Packet Pg. 41 5.3.a Contract No.2017001135 Vendor No.303668 c EXHIBIT B `° N INSTALLATION FEES O L The following Installation Fees are an Exhibit to and are 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 Kompan,Inc. c R ui a� :r m E Q Y L E Q Ill O L d O L a O r c� L �O♦ V r O M a+ t X W C R om E O Y .r I E Of Q I C ca t v L a. E V 22 Q Packet Pg. 42 5.3.a � a / o = 5 / P, § w a K Con 0 2 ° - ■ n 2 �. � CD \ / ° ■ n f -. 0 q / 2 J # % / q M 0 / 00 = 2 ® �f ƒ g � � � k \ � ci /9 PW LU 7 0 § 7 k n rD \ % kZ. �11 / 7 M § a ` ft \ � 0 7 ow 2 2 $ w � . � w & � ) t 2 < P ck! Pg 4 5.3.a c U.S. Communities Supplier Information Section 7 (continued) y 0 • By partnering with best in class suppliers of site amenities, surfacing and other associated a playground products, KOMPAN ensures that we always offer the best quality and highest technologically advanced products in their class to the market. R m c v; Qualifications, Experience and Project Management Capabilities w 1. Identify your company's authorized distributors and installers by U.S. state: E L R KOMPAN's Authorized Distributors by U.S.state a c Distributor(Agency Partner) Territory by State E E a ABC Playgrounds Arkansas s w All Play+ Pennsylvania American Athletix Ohio, Michigan ° a� Creative Recreational Design, Inc. New Mexico a m Custom Playground Solutions Missouri > 0 IL Highwire Washington, Hawaii,Alaska 0 Imagine Nation Illinois, Iowa L K2 Recreation Oregon, Idaho,Washington o U Latta's West Virginia r 0 M Meaning 2 Play South Carolina } Playspace Design Utah, Idaho, Montana, Nevada x { w Practice Sports Nebraska a • Recreation Insights Kentucky, Indiana 0 Recreation Republic California E a� Q� Summit Recreation Colorado,Wyoming r c Ultimate Playgrounds Wisconsin, Minnesota, North Dakota, South Dakota R L Versa Sport Kansas a w c a� E t 188 Packet Pg. 44 5.3.a Scope of Services Section 4 N r V �. . All equipment must be IPEMA Certified. Certification must be included with your proposal submission. L- IPEMA certificates for the sample playgrounds are attached, labeled Exhibit 28 4.7 Installation. c All Products provided under this Contract that require assembly and installation should be performed by .GT awarded manufacturers' certified installers. Company must provide the names and addresses of each c am certified installer/subcontractor by geographical area. E Q Y WEST ZONE a Installer Name Installer Address a� E 1747 Colgate Dr.Thousand Oaks,California Q' PSI 91360 w 4285 Parkdale Lane,Santa Maria, California Central Coast Playgrounds 93455 a� 1372 East Valencia Drive, Fullerton,California a Cicero Engineering 92831 o L Who Built Creative P.O. Box 5207, Petaluma,California 94955 a L Zasuetta Contracting Inc. Po Box 866, Spring Valley,California 91976 = 0 U 1310 Sierra Oaks Lane, Colfax, California Recreation Science 95713 M 2328 N. Batavia Street, Orange County, T.J Janca Construction Inc. California 92865-2026 w 980 Memorex Dr.Santa Clara,California M Playgrounds Unlimited 95050 0 43407 Tylman Street,Temecula,California Perpetual Parks and Playgrounds E 95292 Q� PO Box 80784, Rancho Santa Margarita, �_ Creative Contractors California 92688 w 0 a (list continued next page...) c m E 0 Q 446 Packet Pg. 45 5.3.a c Scope of Services Section 4 (continued) y y O WEST ZONE ' a� Installer Name Installer Address m 3203 California Ave, Carmichael, California Creekmore Recreation Specialists 95608 R ui 7227 N Philadelphia St#403, Portland, Oregon K2 Recreation Inc. 97203 m E Q Y Takamine Construction 851 Leilani Street, Hilo, Hawaii 96720 a 1266 Bay Loop Southwest,Tumwater, i Cascade Mini Excavating Inc. Washington 98512 E 21510 NW Farm Park Dr. Hillsboro, Oregon w Cascadian Landscaping 97124 L O Community Playgrounds 200 Commercial,Vallejo,California 94589 M FL 10536 S.W. 25th Avenue, Portland, Oregon G.R. Morgan Construction 97219 0 IL 42-273 Old Kalanianaole Hwy, Kailua, Hawaii Goto Construction Inc. 96734 c� 704 Cayo Grande Court, Newbury Park, " o Jayne's Brothers California 91320 U r P.O. Box 8236, Bonney Lake,Washington �� M R&R Construction Inc. 98390 155 South Garrison Street, Lakewood, y x w Playco Park Builders Inc. Colorado 94954 r- a 0 �. Progressive Playgrounds 12784 N. 3rd Street, Parker,Colorado 80134 `1 E a� Quality Time Recreation PO Box 471, Clearfield, Utah 84089 c (list continued next page...) � a c 4, V Q O A Packet Pg. 46 5.3.a Scope of Services Section 4 (continued) y 0 CENTRAL ZONE a Installer Name Installer Address m = Midwest Playground Contractors 500 N. Pine St Suite 104,Chaska, Minnesota 55318 a� PG Playgrounds 5615 E. Huffman Drive, Kechi, Kansas 67067 - m E Q Y Pro Installation Plus 5807 Hibiscus Trail,Crystal Lake, Illinois 60012 a Vela Construction 24830 Outer Dr. Lincoln, Michigan 48146 E a Versasport 2705 N. Pepper Ridge,Wichita, Kansas 67205 w c 0 L EASTERN ZONE a m Installer Name Installer Address 0 a` 0 Avon Corporation 5621 Vine Street,Alexandria,Virginia 22310 500 S Whitehorse Rd, Phoenixville, Pennsylvania Buzz Burger Inc. 19428 U r Custom Park Services 8019 E. Old Jessup Road,Jessup, Maryland 20794 M r Gassner Contracting 122 Markle Road, Belle Vernon, Pennsylvania 15012 w c 0 a Green Acres Landscape&Construction Co. Inc. 21 Malbone Street, Lakeville, Massachusetts 02347 0 Y a� I .r Level Ground 625180th Street, Middle Village, New York 11379 E Q I a� .. c Meaning 2 Play 106 Casco Bay Rd, Irmo,South Carolina 29063 rn ca P&J Lawn Landscaping Inc. P.O. Box 104, Harwington,Connecticut 06791 a c a� E (list continued next page...) Q 448 Packet Pg. 47 5.3.a c Scope of Services Section 4 (continued) `° N EASTERN ZONE , o a� Installer Name Installer Address m 617 Tim Hill Rd (P.O Box 222), Marathon, New York P&P Installations 13803 R s � Pat Corsetti Inc. 610 Fenimore Ave, Mamaroneck, New York 10543 m E Q Playtime Installs LLC 501 Maplewood Ave., Mohnton, Pennsylvania 19540 Y p Y � a Probuilt P.O. Box 991, Marshfield, Massachusetts 02050 E a Reale Associates Inc. PO Box 2316,Ocean Bluff, Massachusetts 02065 w c Reese Construction 3720 Lucky Dr. Apex, North Carolina 27539 L o L Rich Picerno Builders 500 Hoiles Drive, Kenilworth, New Jersey 07033 a m UA Construction 71 West 23rd Street, New York, New York 10010 0 IL 0 r Dicarlo Home Improvements 9974 Blackberry Lane,Great Falls,Virginia 22066 0 MULTIPLE ZONE r Installer Name Installer Address Evans Recreation P.O. Box 42607, Las Vegas, Nevada 89116 - z x w Playgrounds of the Rockies 3295 South Fairplay St,Aurora, Colorado 80014 c 0 a E Green Apex Roofing&Construction LLC 5333 Richmond Ave#15, Houston,Texas 77056 Y E JP and Sons Contracting Inc. 18937 E Via Del Verde, Queen Creek,Arizona 85142 a� c Michigan Recreational Construction Inc. (MRC) P.O. Box 2127, Brighton, Michigan 48116 6440 Southpoint Parkway, Floor 3,Jacksonville, a Precision Playgrounds Holdings Florida 32216 c a� E The Playground Guys Inc. 5600 SE Lamay Drive,Stuart, Florida 34997 Q O i Packet Pg. 48 5.3.a Contract No.2017001135 Vendor No.303668 c EXHIBIT D `° N FREIGHT RATE SCHEDULES 0 The following Freight Rate Schedules are an Exhibit to and are incorporated into the Contract to a provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract")between the City of Charlotte and Kompan,Inc. a m c R ui as :r All freight charges are prepaid to the carrier by KOMPAN and added to the invoice as a separate line item to the customer. E Q Y L E Q Cr W O L d O L IL O r c� L �O♦ V r O M a+ t X W C R om E O Y .r I E Of Q I C ca t v L E V Q Packet Pg. 49 5.3.a Contract No.2017001135 Vendor No.303668 c EXHIBIT E `° N PRODUCT WARRANTIES 3 The following Product Warranties are an Exhibit to and are incorporated into the Contract a to provide Playground Equipment,Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the"Contract")between the City of Charlotte and Kompan,Inc. c R ui a� :r m E Q Y L E Q Ill O L d O L IL O r c� L �O♦ V r O M a+ t X W C R om E O Y .r I E Of Q I C ca t v L E V 25 a Packet Pg. 50 5.3.a c Scope of Services Section 4 (continued) y 0 4.12 Warranty. a- Proposals should address each of the following: 1. Applicable warranty and/or guarantees of equipment and installations including any conditions ani a m response time for repair and/or replacement of any components during the warranty period. W c Warranty documents for all proposed products attached. R _ ui A! Warranty Response Time E am E Product Response Time a Y L KOMPAN Playground Equipment 4-8 business days* a- KOMPAN Outdoor Fitness Equipment 4-8 business days* Engineered Wood Fiber 5 business days a Pour In Place Rubber 5-10 business days w Rubber Mulch 5 business days c Artificial Turf 5-10 business days 0 L Rubber Tiles 5-10 business days Site Amenities 5-10 business days a Shelters 5-10 business days Shades 5-10 business days L Installation Services 1-3 business days a- i *For customized or discontinued products L additional time may be required. � 0 U r 2. Warranty period start date.The City desires the warranty start at the time of substantial completion. o KOMPAN's Warranty period start date will be at time of substantial completion. 3. Availability of replacement parts. x Replacement parts will at the minimum, be available for the duration of the warranty period. w c M a 4. Life expectancy of equipment under normal use. E KOMPAN has been producing playground equipment since the 1970's and we still have some equipment in Y field from that time period. Local climate conditions, maintenance, and usage can affect the life expectant -I equipment. Equipment is built to last through several generations, and can last over 20 years if properly Q maintained. i .� The life expectancy of surfacing products is based on the climate, environment, proper drainage, usage ant c maintenance.The minimum life expectancy matches the number of years the product is under warranty. ' cNa amenities have varied life expectancy based upon the type of materials and the care and maintenance oft L product.The minimum life expectancy matches the number of years the product is under warranty. a 5. Detailed information as to proposed return policy on all equipment. Except as agreed to in writing, all items of Product returned will be subject to inspection and approve E KOMPAN prior to acceptance and will result in a restocking charge for all costs associated with the return, not less than 50%of the full list price of such returned KOMPAN items or 75%for custom or third party itei Q 450 Packet Pg. 51 5.3.a Contract No.2017001135 Vendor No.303668 c EXHIBIT F `° N SCOPE OF SERVICES The followingScope of Work is an Exhibit to and incorporated into the Contract to provide p p P a Playground Equipment,Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the"Contract")between the City of Charlotte and Kompan, m Inc. � 4. SCOPE OF SERVICES. c 4.1 General Scope. `° The Company shall provide various Playground Equipment, Outdoor Fitness 2 2 :r Equipment, Surfacing, Site Accessories and Related Products and Services that meets c or exceeds the following requirements to the City and Participating Public Agencies E nationwide. a Y L Participating Public Agencies may have additional specific requirements that might a 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 0. (between the Lead Public Agency and the Participating Public Agency). 5 w 4.2 Product Standards and Guidelines. c It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site o Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans a with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and a, 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 0 State and locality where the Participating Public Agencies exists. 0 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 0 (ASTM), Consumer Product Safety Commission(CPSC), and IPEMA standards. 4.2.1 American Society for Testing and Materials (ASTM): �o ASTM-F 1487- 11 Standard Consumer Safety Performance z Specification for Playground Equipment for w Public use. c 0 0. E 0 ASTM-171292-13 Standard Specification for Impact Attenuation of Yi Surface Systems within the Use Zone of E Playground Equipment. Q i c .y ASTM 1951-09 Standard Specifications for Determination of M Surface Systems Under and Around Playground 2 Equipment. a c m E 26 a Packet Pg. 52 5.3.a Contract No.2017001135 Vendor No.303668 c ASTM F2049-11 Fences/Barriers for Public, Commercial, and `° N Multifamily Residential Use Outdoor Play 3 Areas. c 0 Q_ ASTM F2075 Standard Specifications for Engineered Wood Fiber for Use as a Playground Safety Surface and Around Playground Equipment. c M ui 4.2.2 Printed Handbook for Public Playground Safety(CPSC) Equipment must meet all guidelines stated in the "Handbook for Public m Safety" published by the Consumer Product Safety Commission. Copies of E publication No. 325 may be obtained from U.S. Consumer Product Safety Commission,Washington,DC 20207. a 4.2.3 International Play Equipment Manufacturers Association(IPEMA) IPEMA provides third-party Product Certification services for U.S. and E Canadian public play equipment and U.S. public play surfacing materials. The services provide for the validation of a participant's certification of w conformance to the standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on c certification and membership,visit IPEMA's website at: www.ipema.org. All equipment must be IPEMA Certified. Certification must be included a with your proposal submission. 0 4.3 Environmental Purchasing Requirements. a` The Company must provide documentation of their environmental sustainability 0 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. c0 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 c 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. W c 4.5 Replacement Parts. 0. The Company must stock replacement parts for a minimum of 15 years on all play E systems and provide parts within two (2) weeks (14 calendar days) from the time an Y i order is placed by the Participating Public Agency. Some parts may take longer than E two weeks, and that will be communicated at the time the order is placed. Qi 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 a playground industry. E 27 a Packet Pg. 53 5.3.a Contract No.2017001135 Vendor No.303668 c 0 N r 4.7 Installation. All Products provided under this Contract that require assembly and installation o should be performed by the awarded manufacturers' certified installers. Company a 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 M 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. a Y 4.8 Design. The Company must have the capability to recommend and design appropriate play a 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) a 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 w location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes, and percentage of ADA accessible components. 0 4.9 Project Management. >% The Company must have the ability to provide project management services to help a Participating Agencies complete their projects on-time and within budget. 4.10 Safety. o The Company and installers or subcontractors performing services for Charlotte- a` 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 0 U conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. 0 M 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 x award. All catalogs may be electronic versions. Y 0 4.12 Warranty. 0• The Company should address each of the following: 0 1. Applicable warranty and/or guarantees of equipment and installations �I including any conditions and response time for repair and/or replacement of Q any components during the warranty period. i 2. Warranty period start date. The City desires the warranty start at the time of c substantial completion. M 3. Availability of replacement parts. 2 4. Life expectancy of equipment under normal use. a 5. Detailed information as to proposed return policy on all equipment. c 4.13 Lead Time and Delivery. E 0 28 a Packet Pg. 54 5.3.a Contract No.2017001135 Vendor No.303668 c 1. Company must provide a four (4) week lead time on limited number of `° N configurations, with no up charge. Participating Public Agencies should consult with their local Sales Representative for Lead times for specific products as times c vary based upon type of product. a a. Most of the Company's bestselling Products are stocked in our Middletown, Pennsylvania storage facility and can be shipped for m immediate delivery — one to seven days, dependent upon the delivery location. M b. 64% of the Company's Products will be shipped for delivery from the east coast within five weeks. c c. 26% of the Company's Products will be shipped for delivery from the E east coast within eight weeks. a Y L d. The remaining 10% of the Company's Products have delivery times a that are dependent on the customizations, color and material selections as these Products are highly specialized and a result of project collaboration with the customer. Q. 2. Deliveries may be made typically between the hours of 8:30 a.m. and 3:30 p.m., w local time, on regular business days unless other arrangements have been made. Delivery location shall be stated on each purchase order issued by Participating c Agencies. a� 3. The Company will ensure that all items are delivered fully assembled orIL 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. a 0 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, v assembly, set in place in proper location, make ready for use and remove all debris. 0 5. The Company shall authorize immediate replacement of any item that has been damaged in transit. z 6. If deliveries are required in the evenings or weekends, or designated holidays, x w special installation charges will be negotiated. It is expected that the pricing will c be fair and reasonable based upon specific requirements. E 4.14 Optional Work. Y 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 a� & Fitness Equipment, timbers, and fencing as may be required to provide a full Qi turnkey solution to Participating Public Agencies. .y 4.15 Material Specifications. M Equipment material specifications may vary between cities, counties, schools and 2 states. Each Participating Entity will provide required specifications to include, but a not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary. E 29 a Packet Pg. 55 5.3.a Contract No.2017001135 Vendor No.303668 c 4.16 Additional Requirements. N The Company may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies. c 0 4.17 Performance Bond. a 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 m policies. 4.18 Reports. M 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. a The Company must submit a cost proposal fully supported by data adequate to L establish the reasonableness of the proposed fee. One (1) firm fixed percentage a discount off of a verifiable list price for each category (defined in Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor E Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) w 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 0 customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response. a m Proposals must include an itemized list of any Products and Services that the 0 Company intends to include in the Master Agreement and assume responsibility for a` as prime contractor, but are offered by the individual authorized distributors and not 0 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 0 U reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor. 0 M Proposals shall not include Products and Services the Company does not intend to offer, or take responsibility for, as prime contractor. x w 4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead a Public Agency and Participating Public Agencies. E 0 4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and Yi Participating Public Agencies.. E a� 4.19.3 Product,Design and Price Comparison. Qi For comparison purposes only, the Company must provide the following information for the three (3) sample playground designs included in Section M L 6,Form 4: � 1. Cost breakdown of all components using proposed discounts and list a prices; 2. Manufacturer Price List ID E 30 a Packet Pg. 56 5.3.a Contract No.2017001135 Vendor No.303668 c 3. Three dimensional drawings `° N 4. Number of kids that can use the playground; 5. Total number of play components: c • Number of ground level components a • Number of accessible ground level components • Number of elevated components a • Number of accessible elevated components 6. Play Structure Size c 7. Deck Sizes M 8. Diameter of Uprights 9. Color options 10. Minimum time needed from date of design to delivery of equipment. E 4.20 Installation. a Y Company response must include a defined installation fee program. If a percentage of a 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. E 4.21 Shipping and Delivery. w 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 a� used. IL 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. o 2. Additional costs for expedited deliveries may be added. a 3. Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping. L 4.22 Price Adjustments. c All proposed pricing shall remain firm for the first year of the subsequent v Contract (through June 30, 2018). Company may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract M 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 w Company for inefficiency in operation or for additional profit. Price decreases shall be accepted at any time during the term of the contract. a E 4.23 References. C Proposals must include a minimum of five (5) customer references (see Section 6, Yi Form 7)that Company has provided products and services similar to those outlined in E a� this RFP. Qi 4.24 Prevailing Wages. Company must comply with the prevailing wage requirements of each state. Please M include any exceptions to this requirement in your proposal response, per Section L 2.6.12 of the RFP. a c m E 31 Q Packet Pg. 57 5.3.a Contract No.2017001135 Vendor No.303668 c EXHIBIT H `° N CONFIDENTIALITY TERMS 3 This Exhibit H is an exhibit to the Contract to Provide Playground Equipment, Outdoor Fitness a Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte, a North Carolina municipal corporation (the "City"), and Kompan.Inc., a corporation doing business in North Carolina(the"Company"). Unless otherwise stated in this Exhibit, the defined terms stated herein shall have the same meanings ascribed to them in the main body of the Contract. M 1. CONFIDENTIAL INFORMATION. "Confidential Information" means any information,in N a� :r any medium(whether written, oral or electronic), obtained from the City or the Company or c any of their respective suppliers,contractors or licensors which falls within any of the E following general categories: a Y L 1.1. Trade secrets. For purposes of this Contract,trade secrets consist of information of the a City or the Company or any of their respective suppliers, contractors or licensors: (a) a� that derives value from being secret; and(b)that the owner has taken reasonable steps to a keep confidential. Examples of trade secrets include information relating to proprietary E software,new technology,new products or services, flow charts or diagrams that show w how things work,manuals that tell how things work and business processes and procedures. 0 1.2. Information marked "Confidential"or "Proprietary." a 1.3. Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City. > 0 1.4. Any attorney/client privileged information disclosed by either party. a` 0 1.5. 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. _ 0 U 1.6. Personal identifying information about individuals that the City is prohibited from disclosing by law,including: (a) Social security or employer taxpayer identification numbers. M (b) Drivers license(drivers license numbers are not included if the number appears on law enforcement records), State identification card, or passport numbers. (c) Checking account numbers. w (d) Savings account numbers. (e) Credit card numbers. E (f) Debit card numbers. 0 (g) Personal Identification(PIN)Code as defined in G.S. 14-113.8(6). Yi (h) Digital signatures. E (i) Any other numbers or information that can be used to access a person's financial Q resources. vi (j) Biometric data. w (k) Fingerprints. L (1) Passwords. � a 1.7. The security features of the City's electronic data processing systems,information technology systems, telecommunications networks, and electronic security systems, E 33 a Packet Pg. 58 5.3.a Contract No.2017001135 Vendor No.303668 c including passwords, security standards, security logs,procedures,processes, 0 N configurations, software and codes. 3 1.8. Local tax records of the City that contain information about a taxpayer's income or a receipts. a� c� 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. c 0 1.10. Building plans of City-owned buildings or structures, as well as specific details of public security plans. c m 1.11. Billing information of customers compiled and maintained in connection with the City Q providing utility services. Y L 1.12. Plans to prevent or respond to terrorist activity, including vulnerability and risk a assessments,potential targets, specific tactics or specific security or emergency d procedures,the disclosure of which would jeopardize the safety of government E personnel or the general public or the security of any governmental facility, structure ty or information storage system(s). w 1.13. Other information that is exempt from disclosure under the North Carolina public records laws. o The information described in Sections 1.1 through 1.13 is a subcategory of Confidential a Information called "Highly Restricted Information." Highly Restricted Information is subject to all requirements applicable to Confidential Information, but is also subject to additional restrictions as set forth in this Exhibit H. ° IL The parties acknowledge that Confidential Information includes information disclosed prior to execution of this Contract as well as information disclosed after execution. L Notwithstanding the above, contracts between the Company and the City are not Confidential = 0 Information and will be considered public records, except for attached exhibits that: (a) meet the c� legal requirements for trade secrets; and(b) are clearly identified as such. 0 M 2. RESTRICTIONS AND REQUIREMENTS. Each party shall comply with the following restrictions and requirements regarding Confidential Information: x w 2.1. Neither party shall copy,modify, enhance,compile or assemble(or reverse compile or r_ disassemble), or reverse engineer Confidential Information, except as authorized by E written agreement of the parties or by the written consent of the other party. 0 i 2.2. Neither party shall, directly or indirectly, disclose, divulge,reveal,report or transfer E Confidential Information of the other to any third party, other than an agent, Q subcontractor or vendor of the City or the Company who: (a)has a need to know such vi Confidential Information for purposes contemplated by this Contract, and(b)has w executed a confidentiality agreement incorporating substantially the form of this Exhibit H. Notwithstanding the foregoing, Company shall not directly or indirectly, disclose, L divulge,reveal,report or transfer Highly Restricted of the other to any third party a without the City's prior written consent. m E 0 34 a Packet Pg. 59 5.3.a Contract No.2017001135 Vendor No.303668 _ 2.3. Neither party shall use any Confidential Information of the other for its own benefit or `° N 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 c which such Confidential Information is being disclosed. a 2.4. Neither party shall remove any proprietary legends or notices, including copyright notices,appearing on or in the Confidential Information of the other. 2.5. Each party shall use reasonable efforts to prohibit its employees,vendors, agents and M subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract. _ m 2.6. In the event that any demand is made in litigation, arbitration or any other proceeding for a disclosure of Confidential Information,the party upon which the demand is made shall L notify the other party of the demand, and shall cooperate with and reasonably assist the a other party in seeking a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information. E a 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 w Information. _ 0 2.8. Each party shall restrict employee access to the Confidential Information of the other � party to those employees having a need to know for purposes of carrying out the a business relationships contemplated by this Contract. 2.9. The Company shall comply with the City's Restricted Data Policy, a copy of which is 0 IL posted on the City's website, and with any instructions or procedures issued by City key business units from time to time with respect to protecting specific types of Confidential Information. 0 2.10. Each party shall take reasonable measures to prevent the use or disclosure of v Confidential Information by its employees in a manner not permitted by this Exhibit H. The Company shall have each of its employees who will have access to the Confidential M 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 Exhibit H,including compliance with the City's Restricted Data Policy. x w c 0 2.11. The Company shall further ensure that each person who obtains access to Confidential 0- Information through the Company(including but not limited to Company's employees 0 and subcontractors)has undergone training sufficient to understand his or her responsibilities with respect to this Exhibit H and the City's Restricted Data Policy. E Q i 3. EXCEPTIONS. The disclosing party to this Contract agrees that the receiving party c ("Recipient") shall have no obligation with respect to any Confidential Information that the M Recipient can establish: L a 3.1. was already known to Recipient prior to being disclosed by the disclosing party; m 3.2. was or becomes publicly known through no wrongful act of Recipient; E 35 a Packet Pg. 60 5.3.a Contract No.2017001135 Vendor No.303668 c 3.3. was rightfully obtained by Recipient from a third party without similar restriction and `° N without breach hereof, 3.4. was used or disclosed by Recipient with the prior written authorization of the other ° a party; c� 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,Recipient shall first give to the other party notice of such requirement or request; M ui 3.6. was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena,provided that the Recipient shall take reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all E disclosures under the court order or subpoena. ,aLc �a IL 4. DATA. The Company will treat as Confidential Information all data provided by the City or }; processed for the City or for citizens under this Contract(including metadata). Such data shall remain the exclusive property of the City. The Company will not reproduce,copy, duplicate, CL E disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this Contract. w c 5. PUBLIC RECORDS.Notwithstanding anything contained herein to the contrary,the parties 0 recognize and acknowledge that the City is a subdivision of the State of North Carolina and 0) is,therefore, subject to the North Carolina Public Records Act(the "Act") at N.C. Gen. Stat. a 132-1 et seq. The parties further acknowledge that any Confidential Information that is a public record under North Carolina law may be released and disclosed by the City pursuant to the Act, and that any such release or disclosure shall not in any way constitute a breach of this Contract,nor shall the City be liable to the Company for such release or disclosure. a 0 In the event the City receives a request for disclosure of Confidential Information which the L Company has specifically marked "Confidential" or "Proprietary" the City shall give the c Company written notice of such request(the "Notice of Request for Disclosure"). In the event c� the Company has a reasonable basis for contending that the disclosure of such Confidential Information is not required by the Act,the Company shall within ten(10) days after receipt of o the Notice of Request for Disclosure notify the City in writing of its objection to disclosure and the basis therefor. The Company shall indemnify, defend and hold harmless the City from and against all losses, damages, liabilities, costs, obligations and expenses (including x reasonable attorneys' fees) incurred by the City in connection with any refusal by the City to w disclose Confidential Information after receiving an objection to disclosure from the a Company. If the City receives no written objection from the Company within ten (10) days E after the Company's receipt of a Notice of Request for Disclosure, the City shall disclose the 0 Confidential Information referenced in the Notice of Request for Disclosure. Notwithstanding the foregoing, the parties agree that the computer database information that Q the City is required to disclose under N.C. Gen. Stat. §132-6.1 shall not be deemed Confidential Information, and that the City shall be entitled to disclose such information .y without notice to the Company. M 6. REMEDIES. Each party acknowledges that the unauthorized disclosure of the Confidential a Information of the other will diminish the value of the proprietary interests therein. Accordingly, it is agreed that if a party breaches its obligations hereunder,the other party E 36 a Packet Pg. 61 5.3.a Contract No.2017001135 Vendor No.303668 c shall be entitled to equitable relief to protect its interests, including but not limited to `° N injunctive relief, as well as monetary damages. Nothing in this Contract shall be deemed to eliminate or lessen any obligation either party may a have at law with respect to protecting the confidentiality of Confidential Information, except as the provisions of this Contract expressly authorize the release of Confidential Information. m c M ui a� :r m E Q Y L Q_ d E W O L a m O L a O L O U 0 M r t k W C O CL E O Y I E Q I C .y R t V L a c m E M 37 a Packet Pg. 62 5.3.a Contract#-2017001135 Amendment#: 1 Vendor#: 303668 rn r STATE OF NORTH CAROLINA -3a COUNTY OFMECKLENBURG 0- FIRST AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES c 0 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 1"day of January 2018, by and between Kom an, Inc., a corporation doing business in North Carolina the "Company"), E p p g ( p y"], and the City of Charlotte, a Q North Carolina municipal corporation (the "City"), L c� Statement of Back round and Intent a 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 E Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Q' Charlotte. 0 w B. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate c certain other changes. o L 0) NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: a m AGREEMENT > 0 1. The terms of the Contract are restated by and incorporated into this First Amendment by reference. ILL- `a 0 2. Defined terms used in this First Amendment shall have the same meaning as are assigned to such terms in the Contract. c� L 3. This First Amendment incorporates unit price adjustments as specified in Exhibit A and becomes c effective on January 1, 2018, V 4. Except to the extent specifically provided above, this amendment shall not be interpreted or r construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have �o under the Contract. .= 5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. x [Signature Page Follows] w c 0 a E 0 Y .r I E >3f Q I C ca t v L E KOMPAN, INC. Jan. 9, 2018 � 20 1 7001 135-1 cvC Q Packet Pg. 63 5.3.a Contract#:2017001135 Amendment#: 1 Vendor#: 303668 N r V IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each -3a and every provision hereof,the parties have caused this First Amendment to be executed as of the date first a written above. as KOMPAN, INC. 9 CITY OF CHARLOTTE: f° R BY: BY: r (si ature) V, (signa ure) PRINT NAME: EP001 � �-174 PRINT NAME: r "y 4 E Q TITLE: TITLE: G [! Ld --- M DATE: 27/8/ 7 DATE: I 7 IL a� E CITY OF CHARLOTTE: .E INSURANCE RISC(MANAGEMENT w BY: (signatu o PRINT N141E: a TITLE: DATE: 7 O a` O r c� L �O♦ V r O M a+ t X W C R om E O Y .r I E Of Q I C ca t v L a. E XOMPAN, INC. Jan. 1, 2018 2017001135-1 cC Q Packet Pg. 64 5.3.a Contract#:2 017001135 Amendment#: 2 w Vendor#: 303668 U STATE OF NORTH CAROLINA L- COUNTY OF MECKLENBURG a m SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES ca d 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 151 day of May 2018, by and between Q Kompan, Inc., a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the"City"). a Statement of Background and Intent a� A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the E "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness E Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of w Charlotte. c B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to a incorporate unit price adjustments and freight rate adjustments. c� C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate a certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the a parties hereby agree to the following: C AGREEMENT L 1, The terms of the Contract are restated by and incorporated into this Second Amendment by o reference. V 2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract. o M 3. This Second Amendment incorporates new products and unit price adjustments as specified in Exhibit A and becomes effective on May 1, 2018. 4. Section 5 of the Contract("Optional Products and Services") is hereby appended as follows: x w 5. The City and Participating Public Agencies may elect to request quotations for additional cu products and services not specifically listed in the Company's proposal or this Agreement. Q- The Company shall provide quotations for optional products and services as requested, to c provide a full turnkey solution. Yi 6. Except to the extent specifically provided above, this amendment shall not be interpreted or E construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have Q under the Contract. a� c 7. In all other respects and except as modified herein, the terms of the Contract shall remain in force N and effect. t U [Signature Page Follows] a m E U fC KOMPAN, INC. May 1, 2018 w 2017001135-2 Q Packet Pg. 65 5.3.a Contract#:2017001135 Amendment#:2 rn Vendor#:303668 IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each 0 and eve provision hereof, the parties have caused this Second Amendment to be executed as of the date a every p p � first written above. +; c� KOMPAN, INC. CITY OF CHARLOTTE: c cU N BY: -�`+� BY: (si hat (signatur ) PRIN NAME:L G[���STT iIS dV PRINT NAME: �lfllvr, f�f _yt Q L TITLE: 0i2CGTzK TITLE: l--'i6 a DATE: 7 lO DATE: E 0_ CITY OF CHARLOTTE: a w INSURANCE/ANCIS MANAGEMENT c BY: a (signatur 0) PRINT NAMEr(T �f rf a a� TITLE: > 0 L a DATE: 0 r U L 0 U 0 M L k w C O_ 0 Y I E Q I c .y O t V L a c m E U KOMPAN,INC. aMay 1, 2018 w 2017001135-2 Q Packet Pg. 66 5.3.a Contract*2017001135 Amendment#: 3 Vendor#: 303668 STATE OF NORTH CAROLINA o COUNTY OF MECKLENBURG a m r THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES c� fA d THIS THIRD AMENDMENT TO THE A�REEMENT TO PROVIDE PLAYGROUND AND OUTDOOR r FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND m SERVICES (this "First Amendment") is made and entered into this 95t day of September 2018, by and E between Kompan, Inc., a corporation doinIg business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the"City"). IL Statement of Background and Intent c A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the E "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness CL Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of 3 a Charlotte. W B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to 0 incorporate unit price adjustments and freight rate adjustments. a, c� C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate a certain other changes. NOW, THEREFORE, in consideration of;the mutual covenants and agreements contained herein, the parties hereby agree to the following: 0 0 .r AGREEMENT �a L 1. The terms of the Contract are restated by and incorporated into this Second Amendment by o reference. v 2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract. io 3. This Third Amendment incorporates Federal Contract Terms and Conditions as Exhibit I and w, attached hereto, due to new laws and requirements, effective July 1, 2018. t 4. Except to the extent specifically 'provided above, this amendment shall not be interpreted or w construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have c under the Contract. f° a 5. In all other respects and except as modified herein, the terms of the Contract shall remain in force c and effect. Y [Signature Page Follows] a� a fA f4 t V L iL c� E V KOMPAN,INC. September 1, 2018 Q 20 1 700 1 135-3 Packet Pg. 67 5.3.a Contract#:2017001135 Amendment#; 3 N Vendor#: 303668 IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each o and every provision hereof, the parties have caused this Second Amendment to be executed as of the date (L first written above. m KOMJPAN,)l . CITY OF CHARLOTTE: c 4 (4 BY: BY: m (sig (signature) E PRINT NAME: Un'l�ti L �( PRINT NAME: TITLE: ti , TITLE: G�h a S �� DATE: G DATE: . _ m E a CITY OF CHARLOTTE: w INSURANCJANI, MANAGEMENTBY: oL(signature) PRINT NAM 1 a d TITLE: o DATE: ( 0 0 r U I L _ 0 U r T M S X W _ O O_ O Y r E a I _.N L a w _ m E t KOMPAN, INC. September 1, 2018 2017001135-3 Q Packet Pg. 68 5.3.a Contra ct#:2017001135 Amendment#: 3 Vendor#: 303668 W r Exhibit H o L a Federal Contract Terms and Conditions m 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 Kompan, Inc. 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. _ a� E Q 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 a 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 CFR180 that implement Executive Orders 12549 (3 CFR part 0_ 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and w Suspension." If at any point during the Contract term the Company or any subcontractor or subconsultant performing work at achy tier is included on the federally debarred bidder's list, the Company shall notify the City immediately. o as 2. Record Retention. The Company certifies that it will comply with the record retentiona. requirements detailed in 2 CFR § 1200.333. 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 submittied final expenditure reports or quarterly or annual financial o reports, as applicable, and all other pending matters are closed. a 0 w 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 r Waste Disposal Act, as amended;by the Resource Conservation and Recovery Act. The v 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 M 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 Z management services in a manrjer that maximizes energy and resource recovery; and X establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. a E 4. Clean Air Act and Federal Water pollution Control Act. Company agrees to comply with all 0 applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Yi 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). ai Violations must be reported to the; Federal awarding agency and the Regional Office of the ai Environmental Protection Agency (SPA) 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 a (Pub. L. 94-163, 89 Stat. 871). m E s V KOMPAN, INC. September 1,2018 Q 201 700 1 135-3 Packet Pg. 69 5.3.a Contra ct#:2017001135 Amendment#:3 Vendor#: 303668 6. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Company certifies that: o a. No federal appropriated funds I have been paid or will be paid, by or on behalf of the 0- Company, to any person for influencing or attempting to influence an officer or employee of a an agency, a Member of Congress, an officer or employee of Congress, or an employee of 2 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 Q in connection with this federal contract, grant, loan, or cooperative agreement, the Y L Company shall complete and submit Standard Form--LLL, "Disclosure Form to Report a Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). a� c. The Company shall require that the language of this certification be included in the award a documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify w and disclose accordingly. 3 0 7. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). If the Contract is in a, excess of $100,000 and involves the employment of mechanics or laborers, the Company must comply with 40 U.S.C. 370� and 3704, as supplemented by Department of Labor a regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is required to :2 compute the wages of every mechanic and laborer on the basis of a standard work week of 40 0 hours. Work in excess of the standard work week is permissible provided that the worker is a 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 r purchases of transportation or transmission of intelligence. o U 8. Right to Inventions. If the federal',award is a "funding agreement' under 37 CFR 401.2 and r the City wishes to enter into a contract with a small business firm or nonprofit organization M regarding the substitution of parties, assignment of performance or experimental, developmental or research work thereunder, the City must comply with 37 CFR Part 401, Z "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under x Government Grants, Contracts and Cooperative Agreements," and any implementing w regulations issued by the awarding 6gency. c a E 9. Davis-Bacon Act, as amended i(40 U.S.C. 3141-3148). In its performance under the 0 Contract, the Company shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and Yi 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor a� Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Qi Construction"). In accordance with) the statute, the Company is required to pay wages to a, laborers and mechanics at a rate 'knot less than the prevailing wages specified in a wage y determination made by the Secretory of Labor. In addition, the Company is required to pay wages not less than once a week. IL 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 E U r KOMPAN, INC. September 1,2018 } 2017001135-3 Q Packet Pg. 70 5.3.a Co ntraci#:201 700 1 1 35 Amendment#: 3 Vendor#: 303668 N supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and o Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or a Grants from the United States"). 'The Act provides that the Company is prohibited from inducing, by any means, any perspn employed in the construction, completion, or repair of 2 public work, to give up any part of the compensation to which he or she is otherwise entitled. c 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, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 Q CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Y Opportunity, Department of Labor." a r c a, E 2- .3 I w c I 0 a� a O L O r V M I L f+ O U r O M t X W I � R E O Y E �I c •y M t 0 I O a i E KOMPAN, INC. September 1, 2018 } 20 1 700 1 1353 Q Packet Pg. 71 5.3.a Co ntract#:2017001135 Amendment#: 4 Vendor#: 303668 y w STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG o L a FOURTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES c c� THIS FOURTH 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 1$' day of January 2019, by and between Kompan, Inc., a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a E North Carolina municipal corporation (the "City"). L Statement of Background and Intent a 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 E Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of 3 Charlotte. w 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. o C. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to f° a. incorporate federal contract terms and conditions. D. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate o certain other changes. a 0 w NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the 0 parties hereby agree to the following: 0 AGREEMENT v 1. The terms of the Contract are restated by and incorporated into this Fourth Amendment by c reference. 2, Defined terms used in this Fourth Amendment shall have the same meaning as are assigned to such terms in the Contract. x w 3. This Fourth Amendment incorporates unit price adjustments as specified in Exhibit A (attached). c The aggregate increase of 4.4 percent (4.4%) as specified in Exhibit A and shall become effective a on January 1, 2019. E 0 4. Except to the extent specifically provided above, this amendment shall not be interpreted or Yi construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have E under the Contract. Q 5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. 0 [Signature Page Follows] L a w c m E s U Q KOMPAN, INC. January 1, 2019 2017001135-4 Packet Pg. 72 5.3.a Contract#:2017001135 Amendment#:4 Vendor#:303668 v IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Second Amendment to be executed as of the date ° a first written above. ,• m KOMPAN, INC. J CITY OF CHARLOTTE: BY: BY: Ui�SLL._.._._. 2(sign tare) (signature) PRINT NA sa E E: Y�(�f5 � �1� '� PRINT NAME: �1Q Q TITLE: �L TITLE: Y ° DATE: `�J DATE: ;1 a m E CITY OF CHARLOTTE: INSURANCE A /Q RtS MANAGEMENT w BY: G _ c (signature) Op PRINT NAME: a TITLE: 014 Jr � DATE: ° a O r U L _ O U r T M S X W _ O O_ O Y r I E a I _.N L a w m KCMPAN,INC. January 1,2019 2017001135-4 w Q Packet Pg. 73 5.3.a Contract#:201 7001 1 35 Amendment#: 4 Vendor#: 303668 W r Exhibit A O L 2019 Price Adjustments a d a� v� d a� E Q L a a� E a .E a w _ O L a d O L a O r U f� L _ O U T T Q M S K w _ to O Y w I E a I _.N L a w = m E t w a KOMAAN, INC. January 1, 2019 2017001135-4 Packet Pg. 74 5.3.a Contract#:2017001135 Amendment#: 5 W Vendor#:303668 STATE OF NORTH CAROLINA L COUNTY OF MECKLENBURG a m FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE d PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES,SURFACING,AND RELATED PRODUCTS AND SERVICES = c� vi m THIS FIFTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND d SERVICES (this 'First Amendment") is made and entered into this 151h day of May 2019, by and between Q Kompan, Inc., a corporation doing business in North Carolina (the "Company'), and the City of Charlotte, a North Carolina municipal corporation (the"City"). a Statement of Back round and intent A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the E "Contract') pursuant to which the Company agreed to provide Playground and Outdoor Fitness Q- Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of a Charlotte. W _ B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to 0 incorporate unit price adjustments and freight rate adjustments. 0) C. The City of Charlotte and the Company agreed to amend the contact on September 1, 2018 to a incorporate federal contact terms and conditions. D. The City of Charlotte and the Company agreed to amend the contract on January 1, 2019 to unit 00. price adjustments. o r E. The parties now desire to amend the Contact to incorporate certain other changes. L _ NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the U parties hereby agree to the following: r T AGREEMENT 1. The terms of the Contract are restated by and incorporated into this Fourth Amendment by P reference. s 2. Defined terms used in this Fifth Amendment shall have the same meaning as are assigned to such ur terms in the Contract. _ a 3. This Fifth Amendment incorporates Third Party Products and Price List as specked in Exhibit A E (attached). Y 4. Except to the extent specifically provided above, this amendment shall not be interpreted or r� construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have a� under the Contract. Qi a> 5. In all other respects and except as modified herein, the terms of the Contract shall remain in force S and effect. t [Signature Page Follows] L a w m E t w KOMPAN,INC. May 15,2019 Q 2017001135-5 Packet Pg. 75 5.3.a Contract#:2017001135 Amendment#: 5 Vendor#:303668 � IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each o L and every provision hereof,the parties have caused this Second Amendment to be executed as of the date a first written above. KOMPAN, INC. CITY OF CHARLOTTE: vi BY: BY: m w (signature) (signature) PRINT NAME: c r{`} PRINT NAMF4 Tabm*4- Q TITLE: n TITLE: A a DATE: DATE: _ L E a CITY OF CHARLOTTE: W INSURANCE AND RISK MANAGEMENT _ BY: O L (signature) a. PRINT NAME: TITLE: c L a DATE: o U L _ O U • r T M S X W _ O O Y r I E a I _.N L a. w m E t w KOMPAN,INC. May 15,2019 Q 2017001135-5 Packet Pg. 76 5.3.a Co n tract#:201 7001 1 35 Amendment#: 6 N Vendor#: 303668 v STATE OF NORTH CAROLINA o COUNTY OF MECKLENBURG a m SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES c� vi THIS SIXTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "Sixth Amendment") is made and entered into this 1st day of January 2020, by and Q between Kompan, Inc., a corporation doing business in North Carolina (the "Company'), and the City of Charlotte, a North Carolina municipal corporation (the "City"). a 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 a Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of U Charlotte. w B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to 0 incorporate unit price adjustments and freight rate adjustments. c� C. The City of Charlotte and the Company agreed to amend the contract on September 1, 2018 to a incorporate federal contract terms and conditions. d D. The City of Charlotte and the Company agreed to amend the contract on January 1, 2019 to incorporate unit price adjustments. a 0 w E. The City of Charlotte and the Company agreed to amend the contract on May 15, 2019 to incorporate third part products and price lists. _ 0 F. The parties now desire to amend the Contract to incorporate certain other changes. v T NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the o parties hereby agree to the following: AGREEMENT -2 s 1. The terms of the Contract are restated by and incorporated into this Sixth Amendment by reference. w 2. Defined terms used in this Sixth Amendment shall have the same meaning as are assigned to such a terms in the Contract. E 0 3. This Sixth Amendment incorporates price adjustments as specified in Exhibit A(attached). Y 4. Except to the extent specifically provided above, this amendment shall not be interpreted or E construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have Q under the Contract. 5. In all other respects and except as modified herein, the terms of the Contract shall remain in force ,n and effect. 0 t [Signature Page Follows] 3 a w _ m E s U KOMPAN,INC. January 1,2020 Q 2017001135-6 Packet Pg. 77 5.3.a Contract#:2017001135 Amendment#: 6 = Vendor#:303668 f° N r v IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof, the parties have caused this Second Amendment to be executed as of the date 0 first written above. a m KOMPAN, INC. CITY OF CHARLOTTE: d c� BY: BY: vi sr nat (signature) J ( g :t PRINT NA E: r� '� �I j^ PRINT NAME: C�`11�-e-� TITLE: Q 1 5f TITLE: �)z4 DATE: >�� 1 do I DATE: 11 Q'7 QJQ a a� E a a W 0 L IM a d O L a O w L _ O U T r M S K W _ M O_ O Y w I E Q I _ to t v L a _ m E s U KOMPAN,INC. January 1,2020 2017001135.6 Q Packet Pg. 78 5.3.a Contract#:2017001135 Amendment#:7 Vendor#:303668 _ STATE OF NORTH CAROLINA y COUNTY OF MECKLENBURG 3 SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE ° a PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES m THIS SEVENTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND M OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "Seventh Amendment") is made and entered into this lst of January 2021,by and between KOMPAN, Inc., a corporation doing business in North Carolina(the "Company"), and the City of Charlotte, a North Carolina municipal corporation(the "City"). E a Statement of Background and Intent a IL A. The City of Charlotte and the Company entered into an Agreement for Playground and Outdoor }; Fitness Equipment,Site Accessories,Surfacing,and Related Products and Services dated July 1,2017 E (the "Contract")pursuant to which the Company agreed to provide Playground and Outdoor Fitness a Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte. w B. The parties amended the Contract on January 1,2018 to incorporate unit price adjustments and freight rate adjustments. 0 C. The parties amended the Contract on May 1, 2018 to incorporate new products and unit price 2 IL adjustments. D. The parties amended the Contract on September 1, 2018 to incorporate federal contract terms and 0 conditions. a 0 E. The parties amended the Contract on January 1,2019 to incorporate unit price adjustments. L F. The parties amended the Contract on May 15,2019 to incorporate third-party products and price lists. �j G. The parties amended the Contract on January 1,2020 to incorporate unit price adjustments. c M H. The parties now desire to amend the Contract to incorporate price adjustments and certain other changes. :2 x w NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties a hereby agree to the following: Q- E 0 AGREEMENT Y 1. The terms of the Contract are restated by and incorporated into this Seventh Amendment by reference. Q 2. Defined terms used in this Seventh Amendment shall have the same meaning as are assigned to such terms in the Contract. _ .y R 3. This Seventh Amendment incorporates price adjustments for an aggregate increase of less than 3% due to escalation in production costs and overall material costs as specified in the KOMPAN Core a Portfolio 2021 and the Third Party Price List in Exhibit A. }; c m E KOMPAN,INC. Q AMENDMENT SEVEN Packet Pg. 79 5.3.a Contract#:2017001135 Amendment#:7 Vendor#:303668 c 4. Except to the extent specifically provided above,this amendment shall not be interpreted or construed N as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. -3a 0 L 5. In all other respects and except as modified herein,the terms of the Contract shall remain in force and a effect. c� m [Signature Page Follows] ui a� :r m E Q Y L IL d E W 0 L a m 0 L a 0 0 L 0 U 0 M r t k W C O CL E 0 Y I E Q I C .y R t V L a c m E M KOMPAN,INC. Q AMENDMENT SEVEN Packet Pg. 80 5.3.a Contract#:2017001135 Amendment#:7 Vendor#:303668 c M IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each r and every provision hereof, the parties have caused this Seventh Amendment to be executed as of the date first written above. O L KOMPAN,INC. CITY OF CHARLOTTE: CITY MANAGER'S OFFICE c�a m c R BY: BY: ui (signature) (signature) PRINT NAME: 40M(X�� �nr� PRINT NAME: Q TITLE: Pmv-I TITLE: c`c a DATE: o DATE: E a w c O L d O L a O r c� L r O V r O M a+ t X W C R om E O Y .r I E Of Q I C ca t v L E V KOMPAN,INC. ca AMENDMENT SEVEN Q Packet Pg. 81 5.3.a c N U 3 0 d CITY OF CHARLOTTE Digital Contract Routing Form Non-Encumbered December 22, 2020 Date Submitted: E Submitted by: Submitter email:gcarothers@charlottenc.gov Genetta N. Carothers L c� 2017001135 7 a Contract#: Amendment#: }; a� Contract Name: Playground and Outdoor Fitness Equip., Site Accessories, Surfacing, & Products/Services E Vendor Legal Name: KOMPAN, Inc. w Vendor#:303668 REQUIRED ATTACHMENTS): 0� Use the Paperclip icon to attach a full Contract Document Routing Packet for review by the authorized a City individual with signature authority.The Routing Packet MUST include all required components per -°'a the direction provided at: o 0 a https://cnet/kbus/finance/Finance/pm/Pages/Contract-Review.asp x The following signatures, once completed, shall be incorporated by reference into the contractual r document identified above. 0 0 U r O M City of Charlotte +' �7/ccroV�.ii1lucao�c K w c 0 a E 0 Y .r I E Q I C ca t v L yr E V Q Packet Pg. 82 5.3.a Contract#:2017001135 Amendment#:8 Vendor#:303668 _ STATE OF NORTH CAROLINA y COUNTY OF MECKLENBURG 3 EIGHTH AMENDMENT TO THE AGREEMENT TO PROVIDE ° a PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES m THIS EIGHTH AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND M OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED ui PRODUCTS AND SERVICES (this"Eighth Amendment") is made and entered into this 17th of May 2021, by and between Kompan,Inc., a corporation doing business in North Carolina(the "Company"), and the City of Charlotte, a North Carolina municipal corporation(the "City"). E a Statement of Background and Intent a IL A. The City of Charlotte and the Company entered into an Agreement for Playground and Outdoor }; Fitness Equipment,Site Accessories,Surfacing,and Related Products and Services dated July 1,2017 0 (the "Contract")pursuant to which the Company agreed to provide Playground and Outdoor Fitness a Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte. w B. The parties amended the Contract on January 1,2018 to incorporate unit price adjustments and freight rate adjustments. o C. The parties amended the Contract on May 1, 2018 to incorporate new products and unit price 2 IL adjustments. D. The parties amended the Contract on September 1, 2018 to incorporate federal contract terms and 0 conditions. a 0 E. The parties amended the Contract on January 1,2019 to incorporate unit price adjustments. L F. The parties amended the Contract on May 15,2019 to incorporate third-party products and price lists. �j G. The parties amended the Contract on January 1,2020 to incorporate unit price adjustments. c M H. The parties amended the Contract on January 1,2021 to incorporate unit price adjustments. z 1. The parties now desire to amend the Contract to incorporate price adjustments and certain other w changes. a a NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein,the parties 0 hereby agree to the following: Yi E AGREEMENT Q i 1. The terms of the Contract are restated by and incorporated into this Eighth Amendment by reference. .y 2. Defined terms used in this Eighth Amendment shall have the same meaning as are assigned to such M terms in the Contract. 3. The City consents to allow the Company to implement price adjustments for Kompan Products offered a in the Kompan Core Portfolio 2021—April Price Update and the Third Party Price List 2021, except the natural Robinia products and some fitness specific products, due to escalation in raw material E KOMPAN,INC. Q AMENDMENT EIGHTH Packet Pg. 83 5.3.a Contract#:2017001135 Amendment#:8 Vendor#:303668 c costs. This is an aggregate increase of less than 5% more than the pricing originally allowed in the y current year Contract. 3 4. Exhibit H of the Contract("Federal Contract Terms and Conditions)is hereby appended as follows: o a 12.Domestic(U.S.)Procurement Preference.Kompan,Inc.should, to the greatest extentpracticable, purchase, acquire, or use goods,products, or materials produced in the United States(including, m but not limited to iron, aluminum, steel, cement, and other manufactured products). For purposes of this clause, (i) 'produced in the United States"means,for iron and steel products, that all c manufacturing processes,from the initial melting stage through the application of coatings, 1° ui occurred in the United States, and(ii) "manufactured products"means items and construction :r materials composed in whole or in part of non-ferrous materials such as aluminum;plastics and r- polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete;glass, E including optical fiber; and lumber. Q Y L 5. Except to the extent specifically provided above,this amendment shall not be interpreted or construed a as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. E 6. In all other respects and except as modified herein,the terms of the Contract shall remain in force and effect. w c 0 L [Signature Page Follows] IL m 0 L IL 0 0 L 0 U 0 M r t k W C O CL E O Y I E Q I C .y R t V L a c m E M KOMPAN,INC. Q AMENDMENT EIGHTH Packet Pg. 84 5.3.a Contract#:2017001135 Amendment#:8 Vendor#:303668 c M IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each w and every provision hereof,the parties have caused this Eighth Amendment to be executed as of the date first written above. o a KOMPAN,INC. CITY OF CHARLOTTE: CITY MANAGER'S OFFICE BY: J BY: (signature) 1 (signature) PRINT NAME: Y1�Y.1 t PRINT NAME: Q Y TITLE: ��J+[ "1� TITLE: a DATE: DATE: E a w c O L d O L a O r c� L �O♦ V r O M a+ t X w C R om E O Y .r I E Of Q I C ca t v L E V KOMPAN,INC. � AMENDMENT EIGHTH 3 Q Packet Pg. 85 5.3.a c N U 3 O d CITY OF CHARLOTTE Digital Contract Routing Form Date Submitted: May 25, 2021 d E Submitted by: Genetta N. Carothers Submitter email:genetta.carothers@charlottenc.gov ,QLc to 2017001135 8 a Contract#: Amendment#: }; Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products a a Contract Name: E a Vendor Legal Name: Kompan, Inc. w Vendor#:303668 0 L The following signatures, once completed, shall be incorporated by reference into the contractual document identified above. O L a 0 r CITY OF CHARLOTTE: ACCOUNTS PAYABLE: L This instrument has been preaudited in the manner 0 required by the Local Government Budget and Fiscal Control Act. r 0 The following individual has been designated by the City's Chief Finance Officer to Pre-Audit this Contract on behalf of the City: t GYccLa�c2©e�i!®ter W 3f i Kav O R om E O Y .r I E Of Q I C ca t v L a. E V Q Packet Pg. 86 5.4 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 253-856-5100 DATE: February 3, 2022 TO: Parks and Human Services Committee SUBJECT: Human Services Funding Update SUMMARY: The funding application process for 2023-2024 Human Services General Fund and CDBG Public Services Funds will open in March 2022. Human Services staff will provide an overview of plans related to the application process, as well as an update on the 2022 Opportunity Fund, 1590 funds, and ARPA Building Resilience fund. SUPPORTS STRATEGIC PLAN GOAL: Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and inviting parks and recreation. Sustainable Services - Providing quality services through responsible financial management, economic growth, and partnerships. Inclusive Community - Embracing our diversity and advancing equity through genuine community engagement. Packet Pg. 87