Loading...
HomeMy WebLinkAboutCouncil Packet - 1/21/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Tuesday, January 21, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 408 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Noel Anderson, Community Planning & Development Director Agenda, as proposed or amended. Minutes of January 13, 2020, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Lola Burt for tax exemptions on the construction of home improvements valued at $25,000, for property located at 522 Albany Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution approving the request of Curtis Plain for tax exemptions on the construction of home improvements valued at $51,500, for property located at 1107 Lincoln Street and located in the Consolidated Urban Revitalization Area (CU RA). Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving the request of John Monaghan for tax exemptions on the construction of a single family home valued at $800,000, for property located at 4891 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving the request of Eric Hyde for tax exemptions on the construction of a single family home valued at $168,780 for property located at 1201 Vermont Street, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Page 2 of 408 6. Resolution approving the request of Elvis Cejvanovic for tax exemptions on the construction of a single family home valued at $330,000, for property located at 1732 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 114 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 116 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 128 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 130 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 185 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 187 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving the request of DS Rental for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5801 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving the request of DS Rentals for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5805 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving the request of DS Rentals for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5626 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 16. Resolution setting the date of public hearing as February 4, 2020 to approve the request by New Star for a Site Plan Amendment in the "S-1" Shopping Center Page 3 of 408 District for exterior changes to the existing building located at 315 Fletcher Avenue, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 17. Request to certify assessment to 610 Oneida Street in the amount of $2,450, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works 18. Resolution approving naming financial institution depositories for the City of Waterloo, Iowa and rescinding Resolution No. 2017-004. Submitted By: Michelle Weidner, Chief Financial Officer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Wayne Castle, Associate Engineer Class/Meeting: Asphalt Paving Association of Iowa - Introduction to Asphalt Destination: Des Moines, IA Dates: January 27, 2020 Amount not to exceed: $275 b. Kelly Martin, Housing Rehab Specialist Class/Meeting: Lead Inspection Risk Assessor Certification -Third Party Test Destination: Cedar Rapids, IA Dates: 01/24/2020 Amount not to exceed: $140 2. LIQUOR LICENSES a. The Loft, 710 Jefferson Street #4 Class: C Liquor New Application Includes Sunday Expiration Date: 1/12/2021 b. Spectra Venue Management, 200 W. 4th Street Class: C Liquor w/Outdoor Service and Catering New Application Includes Sunday Expiration Date: 1/31/2021 c. Wishbone, 201 W. 18th Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 1/31/2021 3. Recommendation of appointment of Brianne Boss to the position of Aquatics/Safety Services Specialist in the Leisure Services Department, effective February 3, 2020. Submitted By: Paul Huting, Leisure Services Director 4. Recommendation of appointment of Jonathan Etringer, from the Civil Service list, to the position of Facilities Services Specialist at the Waterloo Center for the Arts, Page 4 of 408 effective January 22, 2020. Submitted By: Kent Shankle, Cultural & Arts Director 5. Recommendation of apppointment of Todd Swarts, from the Civil Service List, to the position of Fleet Parts and Supply Clerk, pending completion of physical and drug testing, effective February 5, 2020. Submitted By: Randy Bennett, Public Works Division Manager RESOLUTIONS 2. Resolution approving request of Airport Director for a directive to begin working with officials from the Federal Aviation Administration to decommission and future permanent closure, of Runway 6-24 at the Waterloo Regional Airport, due to the severe pavement condition of this runway surface, and authorizing the Mayor and City Clerk to execute documents regarding the decommissioning or closure process. Submitted By: Keith Kaspari, Airport Director 3. Resolution approving a Black Hawk County Gaming Association grant application for a trailer and supplies to be used by Waterloo Neighborhood Services for National Night Out, in the amount of $5,500. Submitted By: Felicia Smith-Nalls, Neighborhood Services Coordinator 4. Resolution approving a one month Lease Agreement with The Bowlers Group II, of Waterloo, Iowa, in the amount of $1, for the use of a parking lot owned by the City of Waterloo, located south of 650 La Porte Road, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving the FY 2020 Economic Development Grant Agreement with GROW Cedar Valley, in the amount of $28,500, with $56,500 in potential incentive funds, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution approving a Real Estate Purchase Agreement with H & A L.C., in the amount of $145,000 with up to $5,000 in closing costs, to purchase 100-114 East 10th Street, 105 East 11th Street and assessor parcel number 8913-25-181-004, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution rescinding Resolutions No. 2017-558 and 2017-566 adopted on July 17, 2017 for a Development Agreement with LK Holdings Waterloo, LLC due to failure to meet stated deadlines of project commencement and completion as specified within the agreement. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving Supplemental Agreement No. 3, to the Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed June 27, 2011, in an estimated amount of $375,000, in conjunction with the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and authorizing the Mayor to execute said document. Page 5 of 408 Submitted By: Wayne Castle, PLS, PE, Associate Engineer 9. Resolution approving a Purchase Agreement with Boland Recreation of Marshalltown, Iowa, in the amount of $52,785.75, in conjunction with the Elks Park Playground Replacement Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager 10. Resolution approving a Purchase Agreement with Spohn Ranch Skateparks of Los Angeles, California, in the amount of $358,977, in conjunction with the Riverside Skatepark Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager 11. Resolution approving the Iowa DOT Transportation Alternative Program Grant Agreement, for the Park Avenue Bicycle Traffic Signal Improvements Project, No. TAP- U-8155(767)--81-07, in the amount of $137,000, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 12. Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $45,176, in conjunction with the purchase of one (1) 2020 3/4 ton, 4 wheel drive, crew cab pickup truck to support Waterloo Fire Rescue operations. Submitted By: Randy Bennett, Public Works Division Manager 13. Resolution approving award of bid to Titan Machinery, of Center Point, Iowa, in the amount of $96,250, in conjunction with the purchase of a 2020 Case 580SN wide track backhoe with front wheel drive, to support Sewer Department operations. Submitted By: Randy Bennett, Public Works Division Manager OTHER COUNCIL BUSINESS 14. Motion approving Change Order No. 1 for a net increase of $107,125, for the FY 2019 University Avenue Reconstruction - Phase II - Midway Drive to Greenhill Road, Contract No. 934, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, PE, City Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 3:45 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Housing Authority Board, Harold E. Getty Council Chambers Page 6 of 408 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waste Management Services Department on the notice of the conclusion of employment for Dana Clement, Sewer Maintenance Worker, effective January 1, 2020 with recommendation of approval of payout of $815.10 for unused benefits. 2. Communication from the Community Development Department on the notice of the conclusion of employment for Jenna Northey, Intake/Project Specialist, effective December 13, 2019 with recommendation of approval of payout of $615.60 for unused benefits. 3. Certified List for the position of Fleet Parts & Supply Clerk for the City of Waterloo, Iowa Public Works - Central Garage Department, as certified by the Civil Service Commission on January 10, 2020. 4. Certified List for the position of Aquatics - Safety Services Specialist for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on January 10, 2020. 5. Certified List for the position of Facilities Services Specialist for the City of Waterloo, Iowa Culture & Arts Department, as certified by the Civil Service Commission on January 10, 2020. 6. Certified List for the position of Development - Marketing Manager for the City of Waterloo, Iowa Culture & Arts Department, as certified by the Civil Service Commission on January 10, 2020. 7. Community Development Board Meeting minutes of December 2019. 8. Planning, Programming, and Zoning minutes of December 3, 2019. Page 7 of 408 CITY OF WATERLOO Council Communication Minutes of January 13, 2020, Regular Session, as proposed. City Council Meeting: 1/21/2020 Prepared: REVIEWERS: Department Reviewer Action Clerk Office Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Minutes of January 13, 2020 Backup Material Submitted by: Submitted By: Date 1/14/2020 - 10:40 AM Page 8 of 408 Monday, January 13, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, January 13, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Jonathan Grieder, Ward 2 Council member. 157302 - Juon/Grieder that the Agenda, as amended, by deleting Item 6, "Resolution approving the Iowa DOT Transportation Alternative Program Grant Agreement, for the Park Avenue Bicycle Traffic Signal Improvements Project, No. TAP-U-8155(767)--81-07, in the amount of $137,000, and authorizing the Mayor to execute said document", and Item 9, by deleting the words "with a minimum value of $64,110", for the Regular Session on Monday, January 13, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157303 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, January 6, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring January 16, 2020 as Religious Freedom Day. Proclamation to Join in National Observance of Dr. Martin Luther King, Jr.'s Birthday January 20, 2020. Swearing in of new police officers Benjamin Bonwell and Jesse Aitchson. ORAL PRESENTATIONS Floyd Junker, 1209 Mulberry, commented that Waterloo has two car shows each year. He stated that at each of these events police officers are not available to help the public. He requested an unmarked police car to catch his neighbor shooting off a gun at midnight on New Year's Eve. Mayor Hart commented that there is significant police presence at the 4th street Cruise. He encouraged the event organizers to contact the Police Department to hire police presence. Fred Remy, 20096 N. Jones Drive, Maricopa, Arizona, 85138, commented that he is worried about automation taking jobs away from truckers in Iowa. He stated that poor people, people of color, and women would be the hardest hit by automation. Yolando Loveless, 3548 Muirfield Drive, commented that in 2020 he wanted to visit Waterloo and Cedar Falls City Councils to update them on what the Black Hawk County Veterans Affairs is doing to help veterans in the county. Mr. Morrissey commented that this Wednesday a bus would take people to Des Moines for $10 to the Poor People's Gathering. He commented that something needs to be done to address parking downtown. He stated that a firefighter rescued two little kids from a fire and commented all of the firefighters for their service to the community. Mrs. Juon shared that fair hiring practices is included in federal legislation and is included in the National Defense Authorization Act signed by President Trump on December 20, 2019. Mrs. Klein commented that she does not believe the bill addresses private businesses, only federal, and that is why the city is being sued. 157304- Juon/Feuss that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Page 9 of 408 January 13, 2020 Page 2 157305 - Juon/Morrissey that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. 2. a. b. c. d. e. f. g. h. 1. Resolution approving Finance Committee Invoice Summary Report, dated January 13, 2020, in the amount of $1,486,015.34 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-20. b. Motion to approve the following: a. b. c. d. e. f. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed John Hyman - ICT Foreman and Kevin Kuenstling - ICT Tech 2020 Iowa Water Environment Association Maintenance Conference Ankeny, IA January 28-29, 2020 $718 Jo Jones - Sewer Maintenance and Al Delagardelle - Sewer Maintenance 2020 Iowa Water Environment Association Maintenance Conference Ankeny, IA 28-29, 2020 $718 Dennis Gentz, Assistant City Engineer Iowa Concrete Paving Association 56th Annual Concrete Paving Workshop Des Moines, IA February 5-7, 2020 $462.20 Aquatics/Member Services Specialist Aquatic CEU Workshop Cedar Falls, IA Cedar Falls, IA $155 Officer Lindaman Bomb Technician Re- certification Course Huntsville, AL February 2-7, 2020 $300 Investigator Pohl Nation Cyber Crime Conference Boston, MA April 26-30, 2020 $1,400 Three Waterloo Fire Lieutenants Blue Card -Incident Commander Certification program Online 1 year subscription access $1,155 Chris Western, Planner II *AMENDED* Brownfields 2019 Conference Los Angeles, CA December 10-13, 2019 $2,395 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday B&B East, 1615 Bishop Avenue B Wine / C Beer / E Liquor Renewal 2/13/2021 X Blue Iguana, 250 Westfield Avenue, Suite 101 C Liquor w/Outdoor Service and Catering Renewal 12/11/2020 X Brown Bottle, 209 W. 5th Street C Liquor Renewal 10/21/2020 X Casey's General Store #3880, 1900 W. Ridgeway Avenue B Wine / C Beer / E Liquor New 1/31/2021 X The Other Place, 360 E. Ridgeway Avenue C Liquor Renewal 1/25/2021 X Prime Mart, 3535 Marigold Drive B Wine / C Beer / E Liquor Renewal 1/19/2021 X Page 10 of 408 January 13, 2020 Page 3 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Zachary Hansen Design Review Board 1/13/2023 New 4. Recommendation of appointment of Brian Boesen to the position of Lead Animal Control Officer effective January 1, 2020. 5. Cigarette/Tobacco Permit New Application for Convenience Stores Business, Inc. DBA UniMart, 1615 Bishop Avenue. 6. Cigarette/Tobacco Permit New Application for New Star Fletcher, 315 Fletcher Avenue. 7. Bonds. Roll call vote -Ayes: Six. Abstain: One (Boesen on item 1.B.4 due to family reasons). Motion carried. PUBLIC HEARINGS 157306 - Morrissey/Amos that proof of publication of notice of public hearing on a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's Addition, subject to the retention of a drainage and utility easement over, under and upon a portion of Fairview Avenue, and rescinding Ordinance No. 5510, as published in the Waterloo Courier on January 6, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157307 - Morrissey/Amos that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157308 - Morrissey/Amos that "an Ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's addition, subject to the retention of a drainage and utility easement over, under and upon a portion of Fairview Avenue, and rescinding Ordinance No. 5510", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned if this item has anything to do with salvage yard issues. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Mr. Morrissey questioned if this item impacts the ability to incorporate an emergency exit out of that area. Noel Anderson explained that it will not impact the progress, and that second exit options are still being explored. 157309 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 157310 - Morrissey/Amos Page 11 of 408 January 13, 2020 Page 4 that "an Ordinance approving a request by Reg Drew Investments, LLC, to vacate a portion of Fairview Avenue and alleys in Campbell's addition, subject to the retention of a drainage and utility easement over, under and upon a portion of Fairview Avenue, and rescinding Ordinance No. 5510", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5535. 157311 - Feuss/Morrissey that proof of publication of notice of public hearing on the request by the City of Waterloo to vacate approximately 16,500 square feet of Bluff Street right-of-way, located between W. 6th Street and W. 7th Street, as published in the Waterloo Courier on January 6, 2020, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157312 - Feuss/Morrissey that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 157313 - Feuss/Morrissey that "an Ordinance approving a request by the City of Waterloo to vacate approximately 16,500 square feet of Bluff Street right-of-way located between W. 6th Street and W. 7th Street, and maintain an easement over the entire vacated area", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 157314 - Feuss/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. 157315 - Feuss/Morrissey that "an Ordinance approving a request by the City of Waterloo to vacate approximately 16,500 square feet of Bluff Street right-of-way located between W. 6th Street and W. 7th Street, and maintain an easement over the entire vacated area", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Klein). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5536. 157316 - Amos/Grieder that proof of publication of notice of public hearing on the purchase of a 2020 front wheel drive wide track backhoe for the Sewer Department, as published in the Waterloo Courier on December 30, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157317 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157318 - Amos/Grieder that "Resolution confirming specifications, bid document, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Page 12 of 408 January 13, 2020 Page 5 Resolution adopted and upon approval by Mayor assigned No. 2020-21. 157319 - Amos/Grieder that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-22. 157320 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to the Public Works Division Manager for review. Estimate: $98,809 Bidder Bid Amount Murphy Tractor Waterloo, IA 2020 John Deere — 410L - $108,895 (+$1,500 for ride control) 2020 John Deere — 310SL-HL - $96,435 (+$1,500 for ride control) Option #1 - $6,600 (new) - $4,250 (used) — Tamper Plate Option #2 — Strikeforce SFB 1500 — Breaker - $11,146 Ziegler Postville, IA 2020 — 430F2 Backhoe - $116,750 2020 John Deere — 310SL-HL - $96,435 (+$1,500 for ride control) Option #1 - $10,650- Tamper Plate (with backfill blade) Option #2 - $10,600— Breaker (B8 Hammer) Titan Machinery Center Point, IA 2020 Case 580SN Wide -Track — Tag#2701668 - $101,016 2020 Case 580SN Wide -Track — Tag# 2701671 - $98,690 2020 Case 580SN Wide -Track — Tag# 701297383 - $96,250 Option #1 — Strikeforce TPC2K — Tamper Plate - $7,775 Option #2 — Strikeforce SFB 1500 — Breaker - $11,146 Voice vote -Ayes: Seven. Motion carried. 157321 - Amos/Grieder that proof of publication of notice of public hearing on Purchase of a 2020 4-wheel drive 3/4 ton crew cab pickup truck for Waterloo Fire Rescue, as published in the Waterloo Courier on December 30, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 157322 - Amos/Grieder that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 157323 - Amos/Grieder that "Resolution confirming specifications, bid documents, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-23. Page 13 of 408 January 13, 2020 Page 6 157324 - Amos/Grieder that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-24. 157325 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to the Public Works Division Manager for review. Estimate: $49,115 Bidder Bid Amount Bill Colwell Hudson, IA F Series — Ford - $45,176 Community Motors Co., Inc. 2500 HD Silverado- $38,212.90 Cedar Falls, IA Dan Deery Motors Waterloo, IA Dodge Ram 2500 - $37,052 Witham Auto Center Waterloo, IA F Series — XLT — Ford - $33,760 Frontier Ford LaPorte City, IA F Series — Ford - $33,640 Rydell of Independence Independence, IA Ford — F250 XL - $45,525 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS it / that "Resolution approving the Iowa DOT Transportation Alternative Program Grant Agreement, for the Park Avenue Bicycle Traffic Signal Improvcments Project, No. TAP U 8155(767) 81 07, in the amount of $137,000, and authorizing the Mayor to execute said document", be adopted. Roll call vote Ayes: . Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020 157326 - Klein/Feuss that "Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in the amount of $154,204, and approving the contract, bonds and certificate of insurance, in conjunction with the FY 2020 3200 Block W. Airline Highway Sanitary Sewer, Contract No. 979, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-25. 157327 - Klein/Feuss that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Cardinal Construction, of Waterloo, Iowa, at a total cost of $87,880.52, in conjunction with the Riverfront Stadium Group Seating Boxes Project", be adopted. Roll call vote - Ayes: Seven. Motion carried. Paul Huting, Leisure Services Director, explained that 70 percent of the project cost was borne by the Waterloo Bucks. Resolution adopted and upon approval by Mayor assigned No. 2020-26. Page 14 of 408 January 13, 2020 Page 7 157328 - Klein/Feuss that "Resolution approving a Development Agreement with Deer Acres, LLC, for the rehabilitation of three residential units, located at 1427-1429 W. 3rd Street and 405 Bayard Street, with a minimum value of $64,110, and approving a Development Grant of $5,000 per unit, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, questioned why the minimum value is being removed from the development agreement. Noel Anderson explained why the minimum value needs to be removed. Resolution adopted and upon approval by Mayor assigned No. 2020-27. 157329 - Morrissey/Boesen that "Resolution approving a Management Agreement with Global Spectrum, L.P. d/b/a Spectra Venue Management, of Philadelphia, Pennsylvania, for management services at the 5 Sullivan Brothers Convention Center, effective January 15, 2020, through June 30, 2025, with a one (1) five- year renewal option, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Rod Lindquist, Makenda, LLC, commented that he is excited to collaborate with Spectra to help make downtown a vibrant place. John Bunge, 857 Lynkaylee Drive, commented that he helps put on the Home Show, and has worked with Spectra with a large event in Des Moines for several years, and is excited about this partnership and can personally vouch for their professionalism. David Dryer, 3145 W. 4th Street, questioned payments that will be made to Spectra according to the contract. He stated that when he started his own business he had to pay his own money to get it started. He questioned several items listed in the contract and also asked why the convention center is in the shape it is when the city bonds $750,000 per year to maintain. Mrs. Klein commented that she is in support of the agreement. Mr. Morrissey questioned if the agreement has been fully vetted by counsel. Michelle Weidner, Chief Financial Officer, commented that Chris Wendland wrote the contract and did legal review for the contract. Mr. Morrissey questioned if this is the only action that council needs to take to put the agreement into place. Mayor Hart confirmed that this is the only action to put the agreement into effect. A review committee will be appointed to oversee operations and perform an assessment of Spectra's performance Resolution adopted and upon approval by Mayor assigned No. 2020-28. ADJOURNMENT 157330 - Feuss/Grieder that the Council adjourn at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 15 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of Lola Burt for tax exemptions on the construction of home improvements valued at $25,000, for property located at 522 Albany Street and located in the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:44 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:38 PM ATTACHMENTS: Description Type ❑ CURA 522 Albany Street Form Cover Memo ❑ CURA 522 Albany Street Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of Lola Burt for tax exemptions on the construction of home improvements valued at $25,000, for property located at 522 Albany Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). The part of the property described in Document Number 2008017758 recorded March 13, 2008 described as: A part of the Northwest Quarter of the Southwest Quarter of Section No. Nineteen (19), Township No. Eighty - Nine (89) North, Range No. Twelve (12) West of the Fifth (5th) Page 16 of 408 Legal Descriptions: Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at a point on the South line of Albany Street; that is One Hundred (100) feet East of the East line of the right-of-way of the Waterloo, Cedar Falls, and Northern Railway Company; running thence South at right angles to the South line of Albany Street a distance of Three Hundred Ten (310) feet; thence West at right angles a distance of Eleven and Three -tenths (11.3) feet; thence at right angles South to the Northerly line of the right-of-way of the Chicago Great Western Railway; thence Easterly along the Northerly line of said right-of-way of the Chicago Great Western Railway to a point which is due South of a point on the South line of Albany Street: that is Once Hundred Eighty-seven and Eight -tenths (187.8) feet East of the point of beginning; thence north to a point on the south line of Albany Street; that is one hundred Eighty-seven and Eight -tenths (187.8) feet east of the point of beginning; thence West along the South line of Albany Street to the point of beginning; Except Commencing at a point on the south line of Albany Street; that is One Hundred (100)feet east of the east line of right-of- way of Waterloo, Cedar falls, and the Northern Railway Company, running thence east along the South Line of Albany Street a distance of Sixty (60) feet, thence at right angles South One Hundred Fifty (150) feet; thence at right angles West a distance of Sixty (60) feet; thence at right angles North a distance of One Hundred fifty (150) feet to the point of beginning. And except that part thereof condemned by the City of Waterloo, Iowa 568 LD 67; except the East one Hundred Eight (108) feet. Page 17 of 408 For Office Use Only Received by: Staff to date stamp and make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA 1 /3/aOa0 APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY TUE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: Lo�� rf ADDRESS: 5-aaaAl,rr TELEPHONE: C3 19i) g-76 SIGNATURE: DATE: / -3-aV A. What is the Address of the property being improved? ) A / %r rZ f What is the Legal Description of tlie property? (May bet vailable at County Recorder's Office on 2"d floor of the Courthouse)? B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. X. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year 70% o. Fifth Year--------40% h. Eighth Year-----30% c. Third Year--- 60% f. Sixth Year------40% i. Ninth Year--------20°% j. Tenth Year-------20% C. What was the nature of the improvement(s)? rc10Gt4d , /r,/ D. City of Waterloo Building and s ections Department Information: al ! F i Permit Number: Date permit was issued: �? el Total permit(s) valuation: V/19E. What was the cost of the improvement? e...)15% /007 ,5 ee csQCi- 5 e- 0 F. Estimated or actual date of completion of these improvements? J Ltof) - 1t=)-12") a-1 !] • c 0 . : I O. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes ><._ No CITY OF WATERLOO APPROVED DENIED DATED; RESOLUTION NO: BLACK HAWK COUNTYASSESSOR APPROVED DENIED DATED: T.I. Koenigsfeld Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 18 of 408 mr, co 9vp Cy - et-;4:-; 6290 <6719 0, crop p-/4 6-1 Page 19 of 408 Pagel ofI Legal Description That part of the property described in Document Number 2008017758 recorded March 13, 2008 described as: A part of the Northwest Quarter of the Southwest Quarter of Section No. Nineteen (19), Township No, Eighty-nine (89) North, Range No. Twelve (12) West of the Fifth (51h) Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at a point on the South line of Albany Street; that is One Hundred (100) feet East of the East line of the right-of-way of the Waterloo, Cedar Falls, and Northern Railway Company; running thence South at right angles to the South line of Albany Street a distance of Three Hundred Ten (310) feet; thence West at right angles a distance of Eleven and Three -tenths (11,3) feet; thence at right angles South to the Northerly line of the right-of-way of the Chicago Great Western Railway; thence Easterly along the Northerly line of said right-of-way of the Chicago Great Western Railway to a point which is due South of a point on the South line of Albany Street; that is One Hundred Eighty-seven and Eight -tenths (187.8) feet East of the point of beginning; thence North to a point on the South line of Albany Street; that is One Hundred Eighty-seven and Eight -Tenths (187,8) feet East of the point of beginning; thence West along the South line of Albany Street to the point of beginning, EXCEPT: Commencing at a point on the South line of Albany Street; that is One Hundred (100) feet East of the East line of the right-of-way of the Waterloo, Cedar Falls and Northern Railway Company, running thence East along the South line of Albany Street a distance of Sixty (60) feet, thence at right angles South One Hundred Fifty (150) feet; thence at right angles West a distance of Sixty (60) feet; thence at right angles North a distance of One Hundred Fifty (150) feet to the point of beginning. And except that part thereof condemned by the City of Waterloo, Iowa in 568 LD 67; except the East One Hundred Eight (108) feet thereof. File Number: 2015-00015U0S 4D2 R CITY OF WATERLOO Council Communication Resolution approving the request of Curtis Plain for tax exemptions on the construction of home improvements valued at $51,500, for property located at 1107 Lincoln Street and located in the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ CURA 1107 Lincoln Street Form ❑ CURA 1107 Lincoln Street Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action Approved Approved Type Cover Memo Cover Memo Date 1/14/2020 - 12:10 PM 1/14/2020 - 12:18 PM Resolution approving the request of Curtis Plain for tax exemptions on the construction of home improvements valued at $51,500, for property located at 1107 Lincoln Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). Litchfield Addition Lot 21 Block 10 Page 22 of 408 For Office Use Only Received by: C tit.% Staff to date stamp and make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FORIMPROVEMENTS UNDER TIIE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site, If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 15 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. I Please fill out the following information for your application to be submitted to the City Council..� NAME: f .t t 4:S ?t L` l SIGNATURE: ADDRESS: // U 7 rL ,` NC In 5 + TELEPHONE: 3{9 - / " /%? y DATE: A. What is the Address of the property being improved? I-l0-gbplb 1 /a 7 Li i coif-) What is the Legal Description of the roperty? (Max be available at County Recorder's Office on tad floor of the Courthouse)? -Ckl 4 Jel 1-• Ui--N \ 131 aC f a B. Indicate desired exemption schedule: (1 or 2) 1. e-Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year--------80% d. Fourth Year-----50% g. Seventh Year---30% b. Second Year 70% e. Fifth Year-.------40% h. Eighth Year------30% c. Thud Year 60% f. Sixth Year------40% i. Ninth Year-----20% j. Tenth Year----20% C. What was the nature of the improvement(s)? D. City of Waterloo Building and Inspections Department Information: 41 Permit Number: 1 4 ` 1'5U )- Date permit was issued: 1 3 - 16/ Total permit(s) valuation: E. 'What was the cost of the improvement? L 5 f c0 D F. Estimated or actual date of completion of these improv2ments? (/ C 1 S '"-- ).01q G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? — Yes — No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED T.J. Kocnigsfeld Black hawk County Assessor Note; The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 23 of 408 I : CITY OF WATERLOO Council Communication Resolution approving the request of John Monaghan for tax exemptions on the construction of a single family home valued at $800,000, for property located at 4891 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:42 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:37 PM ATTACHMENTS: Description Type ❑ CLURA 4891 Shelley Court Form Cover Memo ❑ CLURA 4891 Shelley Court Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of John Monaghan for tax exemptions on the construction of a single family home valued at $800,000, for property located at 4891 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Nottingham Third Addition Lot 4 Page 25 of 408 For Office Use Only i Date Received: / )J�ILI Received by: Staff to make a copy foF applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY TIME CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year I0O% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: l . Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the I" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. sI NAME: ;:74S'n r GlIC�C, lt�n SIGNATURE: #71-0 ADDRESS: y9/.��%�� ��,g.1�� S 6� / 07 TELEPHONE: 3/ %- L/C) - 7U DATE: ` 2 4/ f A. What is the Address of the property being improved? ticll SC iI 1 What is the Legal Description of the property? (May be available at County Recorder's Office on 2' floor of the Courthouse) B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) dl b•O rivrvu C. City of Waterloo Building and Inspections Department Information: �( Permit Number: lq—/ -5.? Date permit was issued: / //07 /17 Total pennit(s) valuation:6,252)000 D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? :� . ., / ' dt 4- 1 - Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: DENIED RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J. Koenigsfeld DENIED Black Hawk County Assessor Page 26 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of Eric Hyde for tax exemptions on the construction of a single family home valued at $168,780 for property located at 1201 Vermont Street, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ CLURA 1201 Vermont Street Form ❑ CLURA 1201 Vermont Street Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action Approved Approved Type Cover Memo Cover Memo Date 1/14/2020 - 12:35 PM 1/14/2020 - 5:38 PM Resolution approving the request of Eric Hyde for tax exemptions on the construction of a single family home valued at $168,780 for property located at 1201 Vermont Street, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Lot 2, Baltimore Field 1st Addition, Waterloo, Black Hawk County Iowa Page 28 of 408 For Office Use Only Date Received: J - i 3 - 20 Received by: f v1 Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: ADDRESS: PO d Vei 0 4 rJ . TELEPHONE: 31 Q ` ,j q A. What is the Address of the property being unproved? SIGNATURE: DATE: // 2,0 1a01 . What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) sl�yf -vvxply kal4A , a,k,t -- @ s-� F e lk1 ( ). 14-[.e%-To lit 4���duo� B. What was the nature of the improvernent(s)? (must be single family homes or duplex/twin homes to qualify) J v few C d ro e '+ YVj' C. City of Waterloo Buiilding and Inspections Department Information. /� Permit Number: ! �/i -- 3 306 Date permit was issued: 3 1.6 / golei Total permit(s) valuation: r I Sg( CO0 D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? J9/17�l q Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Page 29 of 408 FRANCES DR EUREKA STD CITY OF WATERLOO Council Communication Resolution approving the request of Elvis Cejvanovic for tax exemptions on the construction of a single family home valued at $330,000, for property located at 1732 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ CLURA 1732 Waxwing Way From ❑ CLURA 1732 Waxwing Way Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action Approved Approved Type Cover Memo Cover Memo Date 1/14/2020 - 12:32 PM 1/14/2020 - 5:37 PM Resolution approving the request of Elvis Cejvanovic for tax exemptions on the construction of a single family home valued at $330,000, for property located at 1732 Waxwing Way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Audubon Heights Sixth Addition Lot 60 Page 31 of 408 For Office Use Only Date Received: ' T' —20 Received by: Staff to make a cop for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & DeveIopment Department.) 2. This application must be filed with City prior to the 1" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: C \V IS C-e)vox ov c ADDRESS:32LaiL\1( TELEPHONE: 01 ' Li U LI - G S-6 DATE: A. What is the Address of the property being improved? SIGNATURE: 01 ` 26 What is the Legal Description of the property? (May be available at County Re is Office on 2nd floor of the Courthouse) ttit ��181(`— Vi`� 5 r 11 rt0t/) C_c)-1` 0 B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) Nee AD S\ q \nr\N eCNac luy, C. City of Waterloo Building and Inspections Department Information: Permit Number: \ 1 - 6 .5) 00 Date permit was issued: Total permit(s) valuation: 611,r10Ui D. What was the cost of the new construction? Zi&liC (,) (j 0 E. Estimated or actual date of completion of this new construction? 1 1 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Page 32 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 114 Harvey Lane, and located in the City Limits Urban Revitalization Area (C LURA). City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:21 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:38 PM ATTACHMENTS: Description Type ❑ CLURA 114 Harvey Lane Form Cover Memo ❑ CLURA 114 Harvey Lane Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 114 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Summerland Condos North Lot 2, Unit 114 Page 34 of 408 For Office Use Only Date Received: /J / Received by: Staff to make a co to - atip CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION 1.OR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. Tim City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single fancily homes or duplex/twin homes only) that meet the following criteria: . Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development. Department-) 2, This application trust be filed with City prior to the ls` working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to consh net or complete, providing prior approval has been granted by the City Council or County Hoard of Supervisors. Please till out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of duly 18, 2011 do not qualify. NAME: 'T 12t(z1S ADDRESS: f( N:X 122/ . IS. TIC 92 1'3 TELEPHONE: ;2)1c! /ln" 7Z35 A. What is the Address of the property being improved? SIGNATURE: DATE: 12/ep/f i S_N Har ve What is the Legal Description of the property? (May be available at County Recorder's Office on 2" floor of the Courthouse) B. What was the nature of the improvement(s)? (must be single family houses or duplex/twin homes to qualify) 1\121‘.-iffi C. City of Waterloo Building and Inspections Department Information: Permit Number: 2ilq--Cd:C49l,,7-4 Date permit was issued: 7/2 /H Total pertnit(s) valuation: ,/..G` ,666 D. What was the cost of the new construction? 0 E. Estimated or actual date of completion of this new construction? Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. [ CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED; DENIED I1D LRLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: J DEN I lD T.J. Koenigsfcld Black I lawk County Assessor Page 35 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 116 Harvey Lane, and located in the City Limits Urban Revitalization Area (C LURA). City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:23 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:39 PM ATTACHMENTS: Description Type ❑ CLURA 116 Harvey Lane Form Cover Memo ❑ CLURA 116 Harvey Lane Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 116 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Summerland Condos North Lot 2, Unit 116 Page 37 of 408 For Office Use Only Date Received: f "/.7) "04 Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED 13Y THE CITY COUNCIL OF THF, CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year IGO%property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplexltwin homes only) that meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the IS' working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: Rn-i-als ADDRESS: l> �k 122, & Attalk 1.3A qt.t3 TELEPHONE: : NS -70... i5 SIGNATURE: DATE: A. What is the Address of the property being improved? it(s l rvei ).m.► ),iA-r,-t-631 jj-1 5r 7c l What is the Legal Desc, iptiort of the property? (May be available at County Recorder's Office on 2"4 floor of the Courthouse) 13. What was the nature of the incprovetnent(s)? (must be single family Homes or duplex/twin homes to qualify) :ie�t L1 L1lCA I'm C, City of Waterloo .building and Inspections Department Information: Permit Number: 2nn-C4.05761!a Date permit was issued: 7/2411'71 Total pcencit(s) valuation:11 D. What was the cost of the new construction? Via('•( E. Estimated or actual date of completion of this new construction? I// /% )2() Note: City Council approval does not guarantee tax exemptions, The application must be reviewed and approved by the Black hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: DENIED 1 BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED Black Hawk County Assessor Koenigsfeld Page 38 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 128 Harvey Lane, and located in the City Limits Urban Revitalization Area (C LURA). City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:26 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:39 PM ATTACHMENTS: Description Type ❑ CLURA 128 Harvey Lane Form Cover Memo ❑ CLURA 128 Harvey Lane Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 128 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Summerland Condos North Lot 1, Unit 128 Page 40 of 408 la or Office Use Only. Date Received: t-Is-,20 V Received by: SE ti StafTto make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE. PROVISIONS OF THI3 CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED 13Y THE CITY COUNCIL OF TIIE CITY OF WATERLOO, The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single fancily homes or duplex/twin homes only) that meet the following criteria: I . Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors, Please till out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 tlo not qualify. NAME: DS cr], SIGNATURE: (CLL. ADDRESS: Po I�iDX) .. eri,,r (z4115 rP cal TELEPHONE: 7,236 DATE: A. What is the Address of the property being improved? t a r 1.,`Y primp, `I"Fl rota 701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2" floor of the Courthouse) Mnf...- 1 13. What was the nature of the improvcment(s)? (must be single family homes or duplex/twin hordes to qualify) C. City of Waterloo Building and inspections Department Information: Permit Number: 91;i(-iPl:t'ya5-14.8t Date permit was issued: `7I D. What was the cost of the new construction.? ) Total permit(s) valuation: E. Estimated or actual date of completion of this new construction? j /15'L 2( 3 Note: City Council approval does not guarantee tax exemptions, The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY _ .,.. APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: DENIED Black Hawk County Assessor T.J. Koenigsfeld Page 41 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 130 Harvey Lane, and located in the City Limits Urban Revitalization Area (C LURA). City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:27 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:39 PM ATTACHMENTS: Description Type ❑ CLURA 130 Harvey Lane Form Cover Memo ❑ CLURA 130 Harvey Lane Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 130 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Summerland Condos North Lot 1, Unit 130 Page 43 of 408 For Office Use Only Date Received: i Received by: Su ftto make a cupy for , pplic;uit CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY TIME CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: Be located within the CLURA boundaries (a map of which can be obtained from the City ofWaterloo Community Planning & Development Department) 2. This application must be filed with City prior to the ls` working day of February following the year when the improvements arc completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: DS 'lketAa1r: ADDRESS: 1 is ikx 12g a C' \ r-c\lk,) T.f1 506)13 TELEPHONE: 31c1._.77ay SIGNATURE: DA1'E A. What is the Address of the property being improved? 1` garve,, Lta...l,'„ r l"e, TA �'7n1 What is the Legal Description of the property? (May be available at County Recorder's Office on 2" floor of the Courthouse) 1 c- L'r 1 �ill1 lt1'1(1�G�flc IaiICCS.�i�'; B. What was the nature of the intprovement(s)? (must be single family homes or duplex/twin homes to qualify) Me.i J �r111 C�aC ilf1 C. City of Waterloo 13uilding and Inspections Department Information: Permit Number: ?.jAei-itpn71r?3% Date permit was issued: 7/20)(71 D. What was the cost of the new construction? ryx E. Estimated or actual date of completion of this new construction? /i5/2.020 Total periuit(s) valuation: .2cC),c. �C) Note: City Council approval does not guarantee tax exemptions. The application trust be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DEN iEF) BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: DENIED T.J. Koenigsfeld Black Hawk County Assessor Page 44 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 185 Harvey Lane, and located in the City Limits Urban Revitalization Area (C LURA). City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:29 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:40 PM ATTACHMENTS: Description Type ❑ CLURA 185 Harvey Lane Form Cover Memo ❑ CLURA 185 Harvey Lane Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 185 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Summerland Condos North Lot 11, Unit 185 Page 46 of 408 For Office Use Only Date Received: Received by; "-- Staff to make a cop or aHem CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF TIIE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED 13Y THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Arca (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family hornes or duplex/twin bottles only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2.. This application must be filed with City prior to the 1' working day of F"ebruay following the year when the improvements arc_ completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council, Projects started prior to the adoption date of July 18, 2011 do riot qualify. NAME: ADDRESS: r)s `Reo-IAis TELEPHONE: SIGNATURE: DATE: 124/ici A. What is the Address of the property being improved? jg, Horver n 1:. 'Heflin, .1Ji 5b L4 What is the Legal Description of the property? (May be available at County Recorder's Office on 2"a floor oldie Courthouse) L.G1-�" t iv-W \['f 1(MIf`1"1f f7.4 i\.ti i)()f`iF B. What was the nature of the improvcment(s)? (must be single family homes or duplexftwin homes to qualify) Ne) C['433(uello1 C. City of Waterloo Building and Inspections Department Information: Permit Number: 2t-Coota71L77 Date permit was issued: f /? 1 f9 Total permit(s) valuation: '49—C ;i D. What was the cost of the new construction? Il � 5 E. Estimated or actual date of completion of this new construction? ) /I'5 /2 21i> Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: DENIED RESOLUTION NO: BLACK IIAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: DENIED Black Hawk County Assessor T.J. Koenigsfeld Page 47 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 187 Harvey Lane, and located in the City Limits Urban Revitalization Area (C LURA). City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:30 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:40 PM ATTACHMENTS: Description Type ❑ CLURA 187 Harvey Lane form Cover Memo ❑ CLURA 187 Harvey Lane Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of DS Rentals for tax exemptions on the construction of half a duplex valued at $230,000, for property located at 187 Harvey Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Summerland Condos North Lot 11, Unit 187 Page 49 of 408 For Office Use Only -�- , rt Date Received: t�- Received by: Stains) make a ccC ur api CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100`Ya property lax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a snap of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1 }° working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be tiled upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of duly 18, 2011 do not qualify. NAME: 2ep \.s ADDRESS: fj 1( 1L 0.. ir n1IS i.H 60613 TELEPHONE: 31A1- 1[� -7 3; SIGNATURE: DATE; )2./lv/ I 9 A. What is the Address of the property being improved? ] n L �c-C-\ct,l '-}. t/3/,l What is the Legal Description of the property? (May be available at County Recorder's Office on 2" floor of the Courthouse) 5 t aD t,,��m1 i\\,:A4 13. What was the nature of the improvement(s)? (roust be single family homes or duplex/twin homes to qualify) 15t., Crrt.S�rrt�fon C. City of Waterloo Building and Inspections Department Information: ij Permit Number: 22161-o rntiig Dale permit was issued: 7/2670 Total permit(s) valuation- (X.Y D. What was the cost of the new construction?'r}(C'Y) E. Estimated or actual elate of completion of this new construction? liik5 /2t)%) Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk. County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DAZED: DENIED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED T.J. Koenigsfcld Black Hawk County Assessor Page 50 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rental for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5801 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:16 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 12:20 PM ATTACHMENTS: Description Type ❑ CLURA 5801 Summerland Drive Form Cover Memo ❑ CLURA 5801 Summerland Drive Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of DS Rental for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5801 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Lot 77, Summerland Park 1st Addition Page 52 of 408 For Office Use. Only Date Received: Received by: rS $tatrto make :t copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER TIIE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin honks only) that meet the following criteria. 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City ajrior to the 1st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors, Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: ]1 R_e0 r& ADDRESS: D, ` -X J�f�; (.KA it r6.tt, Tt >t L1 TELEPHONE: ' iq-Rog' 1z�i SIGNATURE: DATE: 1 1 /r./!9 A. What is the Address of the property being improved? .9.0\ (:01/1rn rland) 1.,Nes-\ c\r'-�, What is the Legal Description of the property? (May be available at County Recorder's Officc on 2" floor of the Courthouse) _ r -OfV1‹ PO‹ ork 13. What was the nature of the irnprovetnent(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Number: wet -a 'i191 Date permit was issued: t(/ / Total permit(s) valuation: /C]()r OW D. What was the cost of the new construction? w2 a, j l`. E. Estimated or actual date of completion of this new construction? 4 /16,"2J 2n Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. [ITY OF WATERLOO OFFICE USE ONLY 1 APPROVED DATED: RESOLUTION NO: DENIED [ BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J. Koenigsfeld DENIED Black Hawk County Assessor Page 53 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5805 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/14/2020 - 12:17 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 12:19 PM ATTACHMENTS: Description Type ❑ 5805 Summerland Drive Form Cover Memo ❑ 5805 Summerland Drive Map Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of DS Rentals for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5805 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Lot 78, Summerland Park 1st Addition Page 55 of 408 For Office Use Only Date Received: Received by: Staff 10 nuke a ci Misr applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS TJRBAN REVITALIZATION AREA PLAN ADOPTED BY TIII CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Arca (CLURA) is a 3-year 100% property tax exemption on the actual value added for new construction nne or two family dwellings (single fancily homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1" working clay of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be Tiled upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County T3oard of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date ofJuly 18, 2011 do not qualify. NAME: LS Pen4i LIB ADDRESS: t?)G14 122.2, cam- Valk,_Xfl TELEPHONE: '?,icl7235 SIGNATURE: 26,u *KiL_ DATE: 1211a / )1 A. What is the Address of the property being improved? /).ri 5f.umrr rig t,, Dr L-:tip (r'�� >, Eo7)l What is the Legal Description of the property? (May be available at County Recorder's Office on 21'd floor of the Courthouse) B. What was the nature of the i►nprovetnent(s)? (must be single family homes or duplex/twin homes to qualify) __MLA) Can f (), C+ C'it C. City of Waterloo Building and Inspections Department Information: Permit Number: 2.011-4:t.rtelicia_ Date permit was issued: 9/CI / I 'Total permit(s) valuation: D. What was the cost of the new construction'? E. Estimated or actual date of completion of this new construction? 1 /?()2() Note: City Council approval does not guarantee tax exemptions. The application [oust be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED? DATED: T.J. K.oenigsfeld DENIED Black Hawk County Assessor Page 56 of 408 CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5626 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ CLURA 5626 Summerland Drive Form ❑ CLURA 5626 Summerland Drive Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Action Approved Approved Type Cover Memo Cover Memo Date 1/14/2020 - 12:19 PM 1/14/2020 - 12:19 PM Resolution approving the request of DS Rentals for tax exemptions on the construction of a single family home valued at $250,000, for property located at 5626 Summerland Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Lot 40, Summerland Farms, Waterloo, Black Hawk County Iowa Page 58 of 408 For Office Use Only Date Received: I ) — Received by: 5". Staff to mke a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED 13Y THE CITY COUNCIL OF TH1. CITY OF WATERLOO. The City Limits Urban Revitalization Arca (CLURA) is a 3-year 100%property lax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria; . Be located within the CLURA boundaries (a neap of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the I fit working day of February following the year when the improvements arc completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: Qft4C I'; ADDRESS: } (; •j,x 1 233 i (`Pray cats, `L 54M33 TELEPHONE:12 ,6 SIGNATURE: DATE: 12f/pig A. What is the Address of the property being improved? (7:,own rlanA, I)t ` )� .pr y A r;t 701 What is the Legal Description of the property? (May be available at County Recorder's Office on 2" `t floor of the Courthouse) �. \11"%e v' LS \ UOln' v,DK B. What was the nature of the improvelncnt(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Number: 2o1(i r t CC Y 12r3 Date permit was issued: F,12.4/ j Total permit(s) valuation: 4_____ D, What was the cost of the new Construction? ZGCy, ,t) } . Estimated or actual date of completion of this new construction? LA /l /262,0 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black I lawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: DENIED !) I BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED Black Hawk County Assessor T.J. Koenigsfeld Page 59 of 408 CITY OF WATERLOO Council Communication Resolution setting the date of public hearing as February 4, 2020 to approve the request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District for exterior changes to the existing building located at 315 Fletcher Avenue, and instruct the City Clerk to publish notice. City Council Meeting: 1/21/2020 Prepared: 1/15/2019 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Higby, Nancy ATTACHMENTS: Description ❑ January 7, 2020 Staff Report ❑ Landscaping Plan ❑ Site Pictures ❑ Aerial Map SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Date 1/15/2020 - 11:09 AM 1/15/2020 - 11:22 AM Resolution setting the date of public hearing as February 4, 2020 to approve the request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District for exterior changes to the existing building located at 315 Fletcher Avenue, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval, subject to the implementation of the landscaping plan. The applicant was issued a permit for exterior remodeling of an existing convenience store that caught fire. The applicant has completed the project unaware that exterior changes in the "S-1" Shopping Center District requires review and recommendation by the Planning and Zoning Commission and approval by the Waterloo City Council. It is the intent of the "S-1" Shopping District that the basic principles of good land use planning be maintained and that sound zoning standards as set forth in this Ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. Staff is aware that the applicant was issued a building permit to complete the exterior changes, however such changes are a significant change requiring the Major Site Plan Amendment approval process. There is an existing mini - storage facility to the east of the property in question that is sided with similar vertical metal siding, but this building is tucked away behind the building in question. The change in the exterior siding of the building would appear to Page 61 of 408 Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: be out of character with the commercial and residential developments in the area, and would not appear to be an appropriate exterior siding material in this location. At the November 5, 2019 meeting of the Planning and Zoning Commission the request was recommended for denial on a 3-2 vote. Staff worked with the applicant on a landscaping plan that would improve the aesthetics of the property. The agreed to plant 5 new trees with two of them being planted in fall of 2020 and the remainder being planted by fall of 2021. Staff then recommended that the request go back to the Planning commission on January 7, 2019 where the request was unanimously recommended for approval. None N/A Land use and economic development. AUD FRANCIS WEST SIDE PLAT PART LOT 49 DESC AS FOL: BEG AT PT 410.06 FT N AND 30 FT E OF SW COR SAID LOT 49 TH N 88 DEG 58 MIN 50 SEC E DIST OF 115.51 FT TH N 01 DEG 01 MIN W DIST OF 218.55 FT TO SLY ROW LINE SUMMIT AVE TH S 89 DEG 46 MIN 21 SEC W ALONG SAID SLY ROW LINE DIST OF 8.65 FT TO SELY ROW LINE US 63 TH S 49 DEG 52 MIN 06 SEC W ALONG SAID SELY ROW LINE DIST OF 137.73 FT TO A PT 30 FT NORM DIST E FROM W LINE SAID LOT 49 TH S 01 DEG 01 MIN 10 SEC E ALONG ELY ROW LINE FLETCHER AVE DIST OF 131.79 FT TO POB AKA PARCEL A AND B IN SURVEY B 319 P 718 Page 62 of 408 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN INFORMATION: PUBLIC/OPEN SPACES/SCHOOLS: January 7, 2019 Request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District for exterior changes to the existing building located at 315 Fletcher Avenue. New Star, 315 Fletcher Avenue, Waterloo, Iowa 50701. The applicant is proposing the Site Plan Amendment to the "S-1" Shopping Center District to legalize exterior improvements made to an existing convenience store located at the southeast corner of HWY 63 and Fletcher Avenue intersection. The request could have a negative impact on the area, as the store was resided with vertical metal siding which is not very compatible with surrounding development. However, the applicant has agreed to a landscaping plan to help soften the view of the building. There is no sidewalk along the east side of Fletcher Avenue from 3rd Street to Sergeant Road. As a part of the development of the Kwik Star at 324 Fletcher sidewalk was installed along the west side of Fletcher Avenue. The request would not appear to have a negative effect on vehicular or pedestrian traffic in the area. The Sergeant Road Trail is located just to the west, on the west side of US Highway 63. The property in question is zoned "S-1" Shopping Center Commercial District, and has been zoned as such since adoption of the Zoning Ordinance in 1969. Surrounding uses and zoning include: North/West — US Highway 63 and Black Hawk Creek/Hope Martin Park, zoned "A-1" Agricultural South/Southwest — Commercial development including Express Lube, The wedge Bar, Merry Maids, former Board of Realtors, Kwik Star, etc., Zoned "S-1" Shopping District. East — Mini Storage facility zoned "S-1" Shopping Center The building on the property was constructed in 1994. Surrounding developments were developed from the 1960's through recent years. Screening is not a requirement with this request however, the applicant has agreed to a landscaping plan to help soften the appearance of the vertical metal siding if approved. There are no known drainage problems for the site. The property is located within Zone X — Protected by Levee as indicated by the Flood Insurance Rate Map No. 190025 301 F. Black Hawk Creek with Hope Martin Park and the Leonard Katoski Greenbelt is located just to the north/west across US Highway 63. 11-5-19-New Star for a Site Plan Amendment in the "S-1" Shopping Center District Page 1 of 3 Page 63 of 408 January 7, 2019 Summit Softball Complex is located '/4 mile to the northeast. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: The site is served by existing utilities, and no changes are proposed as part of the request. The Future Land Use Map designates the area as commercial. The site is located within the Primary Growth Area, and with the utilities already in place; this is defined as a Smart Growth development site. The applicant was issued a permit for exterior remodeling of an existing convenience store that caught fire. The applicant has completed the project unaware that exterior changes in the "S-1" Shopping Center District requires review and recommendation by the Planning and Zoning Commission and approval by the Waterloo City Council. It is the intent of the "S-1" Shopping District that the basic principles of good land use planning be maintained and that sound zoning standards as set forth in this Ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. Many matters relating to the shopping centers design, its potential for success or failure and its effect upon surrounding neighborhoods must be considered by the Council and Commission in order to reasonably be assured that the area will not eventually become blighted. The City Planning, Programming, and Zoning Commission shall review the conformity of the proposed development with the standards of the Comprehensive Plan and with recognized principles of civic design, land use planning, and landscaping architecture. Any proposed change in the shopping center plan after approval by the Council, shall be resubmitted and considered in the same manner as the original proposal. If the staff determines that the magnitude of any such a change is significant in nature or could become significant in nature, the site plan shall be referred to the City Council who may hold a public hearing if deemed necessary change shall be deemed major and the change shall be resubmitted and considered in the same manner as the original site plan. In determining if a change is significant in nature the Planning and Zoning staff shall consider, among other things, the overall design of the proposed change and its compatibility to the existing development and surrounding development, as well as impact on the neighborhood due to changes in parking, traffic, etc. or changes in visibility or aesthetics from the public roads or adjoining properties caused by the proposed change. Staff is aware that the applicant was issued a building permit to complete the exterior changes, however such changes are a significant change requiring the Major Site Plan Amendment approval process. There is an existing mini -storage facility to the east of the property in question that is sided with similar vertical 11-5-19-New Star for a Site Plan Amendment in the "S-1" Shopping Center District Page 2 of 3 Page 64 of 408 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: January 7, 2019 metal siding, but this building is tucked away behind the building in question. The change in the exterior siding of the building would appear to be out of character with the commercial and residential developments in the area, and would not appear to be an appropriate exterior siding material in this location. At the November 5, 2019 meeting of the Planning and Zoning Commission the request was recommended for denial on a 3-2 vote. Staff has since been working with the applicant on a landscaping plan that would improve the aesthetics of the property. The applicant has agreed to plant 5 new trees with two of them being planted in fall of 2020 and the remainder being planted by fall of 2021. The proposed plantings will soften the appearance of the building. The applicant is not proposing to subdivide the property at this time. Therefore, staff recommends the request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District for exterior changes to the existing building located at 315 Fletcher Avenue be approved for the following reasons: 1. The change in the exterior siding of the building would appear to be out of character with the commercial and residential developments in the area, but it is recognized that the applicant obtained a building permit for the work that has already been completed, and requiring a change in siding would cause a significant hardship for the applicant. 2. The applicant has agreed to a landscaping plan that will help soften the appearance of the vertical metal siding on the building. And subject to the following condition: 1. That landscaping be placed at the site to help "soften" the appearance of the vertical metal siding per the attached landscaping plan. 11-5-19-New Star for a Site Plan Amendment in the "S-1" Shopping Center District Page 3 of 3 Page 65 of 408 1. L__-071-11 ",`. • H),,,4,1,._,.„.'" ,,,,,,,,,,, • .:„. 1 S Prat- e' -N. Or. t t +00 r Olik ROAC), 4..VACk k-c) 10,f WAX 01- a atot\-0 deg44002.\-Cor v1/444,- • "h1-=1. 1.116.•anlammu-u. ,Aolf -.(1k.61.14tpAtekelitlAv) .11 . . 41" ..---...&.- -.- --- /1 II , Not- 5irik\keik A ow\i‘ '4,. ,,,•.L-7 L-;-; _ ,.,,g „ , , , /.,,,. vi, ,_ ;,. ...,----- .. ,,- ) \ C t f,,fih 4,10vt'r.t.r ok: A . i ,-,k•6m= Page 66 g i Pictures of New Star Store Looking at the south and east side of the building and sign saying Liquor that the applicant was told not to install. Looking northwest from the south side of the building toward the intersection of Fletcher Avenue and Sergeant Road/US 63. Looking northeast at the storage center that Looking northeast from the southwest is located directly behind the building of the corner of the building at new siding and sign applicant. that says Liquor. Page 67 of 408 Looking northeast from Kwik Star. Looking north from toward the building in question. r f NEW ST.tJL LIQUOR TOBACCO A VAPE SHOP Looking at the existing pole sign at the corner of Fletcher Avenue and US Highway 63. Looking from the intersection of US Highway 63 and Fletcher Ave toward the building in question. Page 68 of 408 Looking from Fletcher Avenue to the front of the building. Looking southeast toward the auto service and office building in the background. Looking at the office building. Looking from the office building toward the building in question. Page 69 of 408 The auto service building. Looking south along Fletcher. Looking toward the Kwik Star. Looking to the building south of the auto repair building. Page 70 of 408 Looking at the front of the building at 341- 345 Fletcher Avenue. South wall of building looking toward storage facility behind. Page 71 of 408 City of Waterloo Planning, Programming and Zoning Commission January 7, 2020 Hope Martin Park Kwik Star REBER AVE — 315 Fletcher REBER AVE SUMMIT AVE REBER AVE 315 Fletcher Avenue „1.1 ' Air r\r Site Plan Amendment S� erl00 \o New Star Page 72 of 408 CITY OF WATERLOO Council Communication Request to certify assessment to 610 Oneida Street in the amount of $2,450, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Water Works Clerk Office ATTACHMENTS: Description December 18, 2019 Board action assessment letter - 610 Oneida Street Reviewer Coon, Chad Higby, Nancy Action Approved Approved SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Cover Memo Date 1/13/2020 - 11:31 AM 1/14/2020 - 10:37 AM Request to certify assessment to 610 Oneida Street in the amount of $2,450, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting a request to certify repair amounts for work performed by the Waterloo Water Works. The Board of Trustees of the Waterloo Water Works adopted a resolution at their December 18, 2019 Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service line of a customer of the Waterloo Water Works. No City funds are required for this action. The Waterloo Water Works paid for the repairs to the referenced private water service line, and then recovers the cost of the repair through this assessment process. Waterloo Water Works operating funds, generated from water sales. Page 73 of 408 WATERLOO WATER WORKS CHAD COON General Manager 325 SYCAMORE STREET • P.O. BOX 27 319-232-6280 WATERLOO, IOWA 50704 FAX: 319-232-1962 December 18, 2019 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: TRUSTEES: MARY H. POTTER, Chair SCOTT WIENANDS, Vice -Chair THOMAS E. WALL The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, December 18, 2019. RESOLUTION WHEREAS, the General Manager, Chad Coon, presented a statement of $2,450.00, which is supported by invoice from Frickson Bros. Excavating, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to repair the service line at 610 Oneida Street, which is located on Lot No. 4 in Block No. 10 in Howrey & McWilliams Addition to the City of Waterloo, Iowa, Black Hawk County, and owned by Corala M. Rucker. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 74 of 408 Page 2 It was moved by Wienands, second by Wall, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Potter, Wienands, Wall. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Chad Coon, General Manager CC/cm Page 75 of 408 CITY OF WATERLOO Council Communication Resolution approving naming financial institution depositories for the City of Waterloo, Iowa and rescinding Resolution No. 2017-004. City Council Meeting: 1/21/2020 Prepared: 1/16/2020 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 1/16/2020 - 5:36 PM Clerk Office Felchle, Kelley Approved 1/17/2020 - 10:47 AM ATTACHMENTS: Description Type ❑ Depository Resolution Jan 2020 Council Comm Cover Memo ❑ Depository Resolution Jan 2020 Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Alternative: Resolution approving naming financial institution depositories for the City of Waterloo, Iowa and rescinding Resolution No. 2017-004. Submitted By: Michelle Weidner, Chief Financial Officer I recommend that council approve the attached resolution designating the financial institutions that will be used as depository institutions of the City and the maximum amounts that may be maintained on deposit at each. The State of Iowa requires City Council approval for financial institutions designated to be depositories for City funds. The resolution establishes the maximum amount that may be deposited with each institution. Please note that the amounts maintained on deposit will likely be much lower than the amounts indicated to provide maximum flexibility in managing cash flow. The institutions selected and maximum amounts to be deposited can be revised, but must be set high enough to cover all liquid assets maintained by the City. Page 76 of 408 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHON GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: January 21, 2020 Prepared: January 16, 2020 Dept. Head Signature: ?iic%elle CWeidnec, mod¢ Number of Attachments: One SUBJECT: Depository Institution Approval Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: I recommend that council approve the attached resolution designating the financial institutions that will be used as depository institutions of the City and the maximum amounts that may be maintained on deposit at each. Summary Statement: The State of Iowa requires City Council approval for financial institutions designated to be depositories for City funds. The resolution establishes the maximum amount that may be deposited with each institution. Please note that the amounts maintained on deposit will likely be much lower than the amounts indicated to provide maximum flexibility in managing cash flow. Expenditure Required: None Source of Funds: N/A Policy Issue: None Alternative: The institutions selected and maximum amounts to be deposited can be revised, but must be set high enough to cover all liquid assets maintained by the City. Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 77 of 408 RESOLUTION NO. 2020- RESOLUTION NAMING FINANCIAL INSTITUTION DEPOSITORIES FOR THE CITY OF WATERLOO, IOWA, AND RESCINDING RESOLUTION NO. 2017-004 IN ITS ENTIRETY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that we do hereby designate the following financial institutions to be depositories of the City of Waterloo, Iowa, funds in the amount not to exceed the aggregate amount named for the said financial institutions as follows, to wit: Maximum Deposit Under This Name of Depository Location Resolution Bank Iowa Waterloo, IA $10,000,000 Community Bank & Trust Waterloo, IA $20,000,000 Farmers State Bank Waterloo, IA $75,000,000 First Security State Bank Evansdale,IA $ 2,000,000 Great Western Bank Waterloo, IA $10,000,000 Iowa Public Agency Investment Trust Des Moines,IA $50,000,000 Lincoln Savings Bank Waterloo, IA $40,000,000 NXT Bank Waterloo, IA $ 2,000,000 MidwestOne Bank & Trust Waterloo, IA $ 2,000,000 Public Employees Credit Union Waterloo, IA $ 250,000 Regions Bank Waterloo, IA $60,000,000 Stifel Nicolaus & Company, Inc. Waterloo, IA $500,000 UMB Bank (formerly Bankers Trust) Des Moines,IA $50,000,000 US Bank Waterloo, IA $15,000,000 Veridian Credit Union Waterloo, IA $ 250,000 Wells Fargo Bank, N.A. Waterloo, IA $50,000,000 BE IT FURTHER RESOLVED that Resolution No. 2017-004 be hereby rescinded in its entirety. PASSED AND ADOPTED this 21st day of January, 2020. Quentin M. Hart, Mayor ATTEST: Kelley Felchle, CMC City Clerk Page 78 of 408 CITY OF WATERLOO Council Communication Recommendation of appointment of Brianne Boss to the position of Aquatics/Safety Services Specialist in the Leisure Services Department, effective February 3, 2020. City Council Meeting: 1/21/2020 Prepared: 1/7/2020 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 1/14/2020 - 12:39 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:34 PM ATTACHMENTS: Description Type ❑ Personnel Req. Aquatics/Safety Services Specialist Cover Memo Recommendation of appointment of Brianne Boss to the position of SUBJECT: Aquatics/Safety Services Specialist in the Leisure Services Depai1iiient, effective February 3, 2020. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Recommend approval of appointment. The Civil Service list for Aquatics/Safety Services Specialist was certified 1/10/2020 Annual Salary - $48,110.40 Annual Benefits - $15,900 35% from 4180 SportsPlex operating budget 65% from 4200 Sports operating budget This appointment would support the City of Waterloo Strategic Plan: Strategy 1.7 Seek ways to create a live, learn, work, and play environment with amenities that attract and retain population in Waterloo. Strategy 4.5 Maintain facilities that support quality of place. Strategy 3.1 Continue to implement and explore new options for revenue generation for the City. This action would fill a vacancy that has been open since 8/16/2019. This position has been reconfigured to be responsible for management of all aquatic facilities (Byrnes, Gates, SportsPlex) as well as the management of child care, special event management, and safety training and OSHA compliance for all staff in the Sports and Recreation Division of Leisure Services. Page 79 of 408 PERSONNEL REQUISITION FORM Check as applicable: x To start recruiting or civil service process and/or x To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. ********************ir,Fir,t**********at e*a4•***•k*dr*****************irki:ik***,Fir******************i1r•k9e,+rkde**** Position Title: Aquatics/Safety Services Specialist _ Department: Leisure Services Reports To: Recreation Services Manager Work Location: Cedar Valley SportsPlex Employment Status: x Regular Full Time ❑ Temporary Full Time from to ❑ Regular Part Time ❑ Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to 'II We of Position: Recommended Recruitment Sources: Civil Service Position: x Yes ❑ No ❑ Internal Posting Only Bargaining Position: ❑ Yes x No x Internal Posting and External Advertising Bargaining Group: Non -bargaining Position: x Yes ❑ No *****************************4***************r*4********4****4*«*******************4************** Complete the following if the requisition is to fill a vacancy: ❑ New Position or x Replacement Position for: Leann Nefzger,Customer, Service Specialist (Specify name and title of former incumbent) If replacement, former incumbent: x Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 8/16/2019 Date of final payout: 9/6/19 Anticipated start date: 12/10/19 No. of hours/week: 40 Work schedule: varies Justification of need for position: This position is responsible for the management of all aquatic facilities (Byrnes, Gates and SportsPlex) as well as the management of our childcare. The position is also responsible for planning and managing special events at the Sports Flex that increase our revenue. What are the likely consequences if the position is not filled? Our aquatics programs are a huge factor in the quality of life of our citizens. Decreased supervision of lifeguards and swim instructors would have very negative effect on that operation. Also our SportsPlex members rely heavily on out childcare to be a high quality environment, if that decreases, we will most definitely see a drop in our family membership units. APPROVALS Annual salary requirements: 48,1 10.40 Hourly Rate: 23.13 Benefits: 15,900.00 (Payroll taxes, pension, health ins.- assuming Family) is position budgeted for this and future FYs? x Yes Q No If no, how will position be funded? Approved subject to the following conditions: Su bm itti ng. I.)epni tlric Chief Officer 9441,L-7 Human Resources Conant Created 6/30/2017 Date ,11 yes �.. Date Human Resources Director e Chairperson Date recd I°I3/1 c 1 � Page 80 of 408 AQUATICS/SAFETY SERVICE SPECIALIST DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT LEISURE SERVICES NON-EXEMPT INCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Under the general supervision of the Recreation Services Manager and the Recreation Supervisor, performs professional and supervisory work in the management and operation of municipal aquatic facilities and programming for the City of Waterloo. Assists Recreation Services Manager and Recreation Supervisor in the management and operation of the Cedar Valley SportsPlex and outdoor aquatic facilities. Oversees all aspects of safety regulations, compliance and training as they pertain to Recreation Division personnel and activities. Responsible for childcare program within the Cedar Valley SportsPlex. May assist in coordinating the work of recreation interns and seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Oversees aquatic programming to include Cedar Valley SportsPlex and Byrnes and Gates Swimming Pools; schedules, supervises and evaluates activities and staffing of lifeguards and childcare staff 2. Interviews, hires, trains, supervises and evaluates seasonal staff in accordance with City personnel policies; coordinates all customer service training. 3. Plans at least 6 special events for members and volunteer coaches throughout the year. 4. Recruits, directs, trains, supervises and evaluates all aquatic, indoor playground and childcare staff; assists in providing guidance and supervision to staff. 5. Assists with management and supervision of daily operation of facilities, maintaining orderly operation through interpretation and enforcement of policies, rules and regulations for staff and the public. 7. Plans, initiates, organizes and directs instructional swimming programs, special events and other programs. 8. Investigates and responds to inquiries and public complaints about aquatic, indoor playground and child care operations; assists with resolving complaints regarding other department facilities. 9. Determines, oversees and provides ongoing training of aquatic and childcare staff in all facets of the operation. 10. Trains the entire division staff on safety related issues, including OSHA standards for Bloodbome Pathogens, Hazardous Communications and Personal Protective Equipment; maintains all records for training and ensures annual reviews; responsible for first aid and CPR training for select staff. 11. Ensures that all safety equipment, materials and work conditions are adequately maintained to prevent accidents. 12. Oversees development of pool and childcare operational schedules; assists in developing aquatic and childcare annual budget. 13. Compiles reports, performs data entry and completes forms on personal computer using the applicable software; maintains required health department records; maintains accurate payroll records for aquatic and childcare staff. Page 81 of 408 14. Develops and maintains standards for pool use, safety and sanitation; ensures routine pool maintenance at all aquatic facilities. 15. Operates passenger vehicle in performance of on -site job duties. 16. Works independently and with others with limited supervision. 17. Performs all duties and activities in accordance with City, Leisure Services and OSHA policies, procedures and safety rules. 18. Attends work regularly at the designated place and time. 19. Performs related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Basic knowledge of swimming pool management systems and operation, including sanitation, maintenance, filtration, purification and safety. 2. Ability to assist in coordinating the work of seasonal employees as it relates to programming and special events management. 3. Ability to implement rules, policies, regulations and programs as developed by the Leisure Services Department and the City. 4. Considerable knowledge of computers and most audiovisual equipment; ability to learn software applications; personal computer skills and ability to enter and retrieve information on a computer, develop computer -generated reports and update records. 5. Ability to assist in the coordination and implementation of training for seasonal volunteers and staff. 6. Ability to perform on -site supervision for a variety of programs and special events for all ages and economic levels. 7. Thorough knowledge of principles, practices and application of lifesaving and first -aid techniques. 8. Considerable knowledge of revenue and fee - based operations. 9. Ability to keep accurate and thorough records. 10. Ability to function with independent judgment and skills to assist in coordinating sports programs and special events for the Leisure Services Department. 11. Ability to respond to questions, communicate effectively and maintain working relationships with other City employees, supervisors and the public tactfully and in a clear, concise and understandable manner. 12. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. Bachelor's Degree in leisure services or closely related field with a minimum of one year experience in administering and scheduling sports programs and events (recent graduates with significant related seasonal experience will be considered) OR High school graduate/equivalent with a minimum of four years experience administering and scheduling sports programs and events OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Must obtain American Red Cross Water Safety Instructor Certificate, CPR Certificate, Lifeguard Training Course Certificate and Certified Pool Operator Certificate prior to hire. Page 82 of 408 ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation: 1. Sufficient speech and hearing that permits the employee to communicate effectively with other employees and the public in person or by telephone. 2. Sufficient personal mobility that permits the employee to operate a passenger vehicle safely, visit indoor and outdoor sports and recreation sites and events, physically move to and from various Leisure Services venues, act as coach or official and attend meetings at off -site locations. 3. Sufficient vision and manual dexterity that permits the employee to operate a passenger vehicle and personal computer, acts as sports coach or official and perform administrative responsibilities. MISCELLANEOUS 1. The City of Waterloo will conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 2. Following a conditional offer of employment, the City of Waterloo reserves the right to require a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 3. If using a City vehicle, must have Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. A candidate with any of the following will not be allowed to operate a City vehicle: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; a combination of three or more at -fault or not -at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. 4. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE The work schedule for this position will vary with different sports and special events seasons. Required to work evenings, holidays and weekends as needed for sports activities, events and meetings. There will be a one half or one hour unpaid meal break for full shift days. Limited overtime. AQUATICS -SAFETY SERVICES SPECIALIST DESCRIPTION 19 September 2019 Page 83 of 408 1) What are the key responsibilities of this position? Management and operation of municipal aquatic facilities and related programing. Also manage SportsPlex child care operation. Provide applicable safety training to both areas. Plan and manage a number of special events for the department and SportsPlex members. 2) Can the responsibilities of this position be assigned to other employees within the department? If no, why not? No. Due to the specialized nature of aquatic and childcare operations and safety risks associated with these areas it is crucial to have a full time staff member dedicated to these areas. 3) How is the work of the position being accomplished now? Duties are being divided amongst existing staff at this point. This model is not sustainable. Our Member Services staff person is having valuable work time being taken away to assist with these responsibilities, which will eventually have a negative effect on our member recruitment and retention efforts. 4) Are the filled positons in your department currently being utilized to their maximum potential? Yes 5) How would filling this position meet the needs of your department or the city on either a short-term basis (if temporary position) or long-term basis (if a regular position)? Aquatics are a large part of the mission of our department. This position will ensure that we are offering the best possible product to our citizens in a professional and safe manner. 6) What cost savings or revenues, if any, would your department or the city realize if this position is filled? We are currently utilizing some part time staff to help with day to day management responsibilities. We will be able to reduce that expense. Revenues will increase with a full time staff member dedicated to increasing the quality of our learn to swim program and have time to dedicate to marketing birthday parties. We will also be able to generate additional revenue with a person that can be dedicated to increasing special event offerings. 7)If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? We are not paying a significant amount of overtime/comp time at this point. However, if the position is not filled prior to the first of the year we will begin experiencing an increase. The larger issue at this point is managing employees hours to stay at 40 hours with evening and weekend coverage responsibilities. This leads to staff members being gone during normal working hours, which, over time, will have a negative effect. 8) How has the workload or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide stats if possible. Our workload has increased over the past 3 years due mostly to increased membership levels at the SportsPlex as well as an increase in events. Also, as the facility ages more and more time is being spent on maintenance and repairs as each year passes. With new/renovated aquatic facilities on the horizon this position will be more crucial than ever. Page 84 of 408 9) How are the responsibilities of this position tied to the City's primary goals? This position ties most directly with the following goal: Seek ways to create a `live, learn, work, and play" environment with amenities that attract and retain population in Waterloo. Our Department also has the key responsibility for providing a top notch Learn to Swim program which ties to the following goal: Enlist all City departments and staff members in efforts to promote a safer community. Increasing the quality of our Aquatic operation and special event programming also assists with this goal: Enlist all City departments and staff members in efforts to promote a safer community. Also, as with most of Leisure Services this positon helps achieve this goal: Maintain and develop community services and city facilities that support quality of place. 10) if this position is not filled, what effect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. We simply cannot continue without a staff member dedicated to Aquatic and Childcare operations. These are two of our largest areas of risk exposure in our Department and it is crucial to have a full time professional staffer dedicated to these areas. Page 85 of 408 CITY OF WATERLOO Council Communication Recommendation of appointment of Jonathan Etringer, from the Civil Service list, to the position of Facilities Services Specialist at the Waterloo Center for the Arts, effective January 22, 2020. City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Reviewer Action Date Culture & Arts Higby, Nancy Rejected 1/14/2020 - 5:36 PM Culture & Arts Shankle, Kent Approved 1/15/2020 - 11:30 AM Culture & Arts Higby, Nancy Approved 1/15/2020 - 11:40 AM ATTACHMENTS: Description Type ❑ facilities services specialist documents Cover Memo ❑ facilities services specialist questions Cover Memo SUBJECT: Recommendation of appointment of Jonathan Etringer, from the Civil Service list, to the position of Facilities Services Specialist at the Waterloo Center for the Arts, effective January 22, 2020. Submitted by: Submitted By: Kent Shankle, Cultural & Arts Director Recommended Action: Approval Expenditure Required: $54,795 ($31,970 base salary plus $22,825 benefits) Source of Funds: Policy Issue: Background Information: General Fund 010-26-4250-1111, FT Salaries; position is included in the adopted FY20 budget This position directly supports Strategy 4.5 of the City's adopted Goals and objectives (maintain services and facilities that support quality of life) among others The Facilities Services Specialist is responsible for supervising the facility during evening and weekend hours. The Waterloo Center for the Arts host over 1,700 events, meetings and programs each year, most of these occurring during weekend and evening hours. This individual is responsible for cleaning and maintaining the facility, opening/securing the building, event set- up/teardown, supervising custodial and program support workers, as well as anticipating and responding to the needs of visitors and rental clients. Page 86 of 408 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward RAY MISS Ward SHARON JUON At -Large DAVE BOESEN At -Large • HUMAN' REURES -715 Mulberry St. ® Waterloo, IA 50703 ® Phone (319) 291-4303 0 Fax (319) 291-4569 January 10, 2020 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Facilities Services Specialist for. the City of Waterloo, Iowa Culture & Arts Department. Appointment(s) shall be made from this list for the next year (January 10, 2020 — January 9, 2021). Respectfully submitted, / t11D-D Barry askins Date CERTIFIED LIST Jonathan Effinger Carl Wallsteadt CS LIST FACILITIES SERVICES SPECIALIST 20 Lovie Caldwell /��,/z z Date WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 87 of 408 PERSONNEL REQUISITION FO ECEWE AUG 2 3 2019 Check as applicable: // To start recruiting or civil service process and/or ►1 To fill a vacancy n Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. icicle,tide:kdcde****:F************z'xdc'.r4e*****ic***x***wtetc**krxxxxxxxxxxxxxxxxxx xxxxx r.x xxx:Fax*****r.********>:i:* Position Title: Facilities Services Specialist Department: Cultural & Arts Reports To: Facilities Services Manager Work Location: Waterloo Center for the Arts Employment Status: Regular Full Time n Temporary Full Time from to ❑ Regular Part Time C Temporary Part Time from to ❑ Regular 7-Month n Intern/Co-op Student from v to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: Non -bargaining Position: IZYes El No Recommended Recruitment Sources: ❑ Internal Posting Only Yes E No El Internal Posting and External Advertising Yes ❑ No ****************ale******** k********* k***************************#Fvc#pk? ****%k****************** K**** Complete the following if the requisition is to fill a vacancy: n New Position or ►1 Replacement Position for: Ethan Moeller (Specify name and title of former incumbent) If replacement, former incumbent: ►1 Retired/Resigned/Terminated ❑ Transferred 0 Promoted Date incumbent terminated employment: 3/7/19 Date of final payout: 4/12/19 Anticipated start date: 10/1/19 No. of hours/week: 40 Work schedule: varies, evenings & weekends Justification of need for position: This position is required for evening and weekend facilities supervision and event support services at the Center for the Arts. It is essential to have a qualified facilities supervisor in place during open hours to allow for museum programs and community/rental events, many of which are revenue -generating. What are the likely consequences if the position is not filled? The Center for the Arts will not have staff to adequately supervise facilities during evening and weekend hours, open/secure facilities for evening/weekend hours and to facilitate evening/weekend programs and rental events. The majority of the 1,700+ events hosted at WCA take place during these hours. APPROVALS Annual salary requirements: $31,200 Hourly Rate: $15 Benefits: $23,188 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? // Yes ❑ No If no, how will position be funded? Approved subject to the following conditions: Submitting Department Head Q11 8/23/i`i a 1 Chieancial Officer Date Date Human esources Cttee Chairperson Date Created 6/30/2017 Human Resources Director Date Page 88 of 408 Submit resume by going to www.cityofwaterlooiowa.com clicking on Career Opportunities, reviewing the Facilities Services Specialist_ description and following directions to submit cover letter and resume Deadline to submit resume is Noon on Wednesday, November-27, 2019.. DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CULTURE & ARTS $15.00 per hour NON-EXEMPT INCLUDED NON -BARGAINING GENERAL STATEMENT OF DUTIES Performs generalmaintenance and custodial duties at the Waterloo Center for the Arts (WCA) including opening/securing and general supervision of the building on evening and weekend shifts. Oversees events as directed by the Facilities Services Manager and Events Coordinator, setting up/tearing down for in-house and rental events at WCA and RiverLoop facilities, and serving as a resource person, anticipating and responding to the questions and needs of patrons and other staff members. Assists with supervising support maintenance workers including those working under various community service and employment programs. EXAMPLES _ OF ESSENTIAL FUNCTIONS (Illustrative Onlv) These functions are considered essential for successful performance in this job classification. 1. Assistsin the _ implementation of overall :maintenance programs throughout facility, coordinating ongoing routine maintenance as well as building repair and improvement projects. Performs daily cleaning of facilities including floors, galleries, offices, classrooms, theaters, meeting rooms, kitchens, bathrooms and other spaces. Provides general supervision of the facilities during evening and weekend shifts. Monitors and works to maintain a safe environment throughout the facility and responds appropriately to potential threats, accidents and emergencies. 5. Oversees and assists teardown for events, required materials and place. with set-up and ensuring that all equipment are in 6. Manages and assists with events as needed. 7. Anticipates the needs of facility users and responds to questions and requests from patrons. 8. Responds professionally and courteously to customer complaints, directing complaints to the appropriate staff person when necessary. 9. Supervises support maintenance staff, Page 89 of 408 10 11. 12. AARP and community services workers. Assists with snow removal and general groundskeeping. Checks rental equipment in and out. Opens and secures building as needed. 13. Maintains records and prepares and submits reports as required 14 Loads/unloads supplies, equipment and/or exhibits. 15. 16. 17.. Operates City vehicles, including a 26,000 lb. panel truck with air brakes to deliver/pickup supplies, equipment and/or exhibits. Safely operates maintenance equipment including floor cleaners, snow blower and basic power tools. Participates in Center for the Arts meetings, training and other activities as required. 18. Communicates with and maintains effective working relationships with coworkers, supervisors, Board members, volunteers and patrons. 19. Performs all work duties in accordance with City and WCA policies and procedures as well as OSHA, City and WCA safety rules and regulations. 20. Attends work regularly at ; the designated time and place. 21 Works independently and with others with minimum supervision. 22. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIESl . Ability, without direct supervision, to plan, organize and carry out all activities necessary to complete individual job assignments. 2. Ability to supervise, direct and motivate volunteers, interns, paid staff and contractual employees; ability to manage and assign projects. 3. Ability to use independent judgment to assess problems and address or refer to appropriate WCA or City Maintenance staff person. 4. Ability to read basic building plans and diagrams. 5. Ability to safely operate basic hand tools, custodial maintenance equipment, floor cleaners and snow blower and 26,000 ib. panel truck with air brakes. 6. Ability to records. 7. Ability to anticipate the needs ` of patrons using the facility based on activity type. Ability to manage several project schedules and a variety of timelines and deadlines concurrently and ` to keep all projects organized. 9. Ability to work in stressful conditions. 10. Ability with minimum supervision to work independently or as a member of a team. 11. Ability to communicate orally and in writing and respond to questions or complaints from the public, business organizations, facility users and coworkers courteously and professionally in a clear, concise and easily understandable manner. 12. Ability to establish and maintain excellent relationships with the public, coworkers and WCA users and patrons. 13. Knowledge of fire codes and evacuation procedures. Page 90: of 408 14. Knowledge of and ability to operate a personal computer and working knowledge of Microsoft Office including Word, Excel, Access or other database programs Knowledge of occupational hazards associated with custodial:`maintenance of a multi use public facility. Ability to work. with" people.: ftOm2 a broad ety of :sactal' economic, racial, ethnic, tpral and educational backgrounds. I TA LE E ER1ENCE; & TRAININ Prefer" Minim m< Associate's Degree with one yearG , experience in facilities management or basic :btu maintenance 1du1g and custodial "functions (volunteer or other unpaid•experience may be considered) B-;" Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. Work experience must be verifiable. ror iency using a personal` computer and working knowledge of Microsoft Word, Excel, Access or other database programs. Iowa Driver's License and good driving record based on the City of Waterloo driver performance criteria. A candidate with any of the following will not be considered: loss of license for any, reason during the period of candidacy for employment if the candidate remains without a valid, current license for the position when the City issues an offer of employment, lossof license, plea of guilty, Plea - of no contest or its equivalent or ,conviction for OWI, reckless driving or other major moving violation within the previous five years, four or more citations for -moving violations within the previous ties:; year period, : excluding.:: speeding violations of 10 ;mph or, less over the posted speed limit, three or, more citations for moving violations within the previous one year period. After appointment to the position, disciplinary action or • continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or. more moving violations within the previous one year or loss of license, reckless driving or other major, moving violation ;within: the previous five years two or more " at -fault accidents within a 'three year period: An applicant's -driving record will be reviewed prior to an offer of employment and at least , annually after hire. Must obtain Iowa Class :D driver's licensee with endorsement for driving non- commercial vehicles weighing up to 26,000 pounds within six month probation. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required .withor without accommodation. Sufficient speech and hearing that permits the employee to respond to questions from the public, facility users, community groups and coworkers in person or on the telephone. Sufficient vision to work with facility users in planning layouts, setups and other needs. Sufficient personal mobility that permits the employee to safely operate a passenger vehicle and panel truck and physically move from one location to another within the /Center for the Arts and related facilities Sufficient strength to lift and carry objects weighing up to fifty pounds, MISCELLANEOUS . The City of Waterloo reserves the :right to conduct a background investigation including employment, education, driving and criminal history checks on any applicant being considered for this :position. Following a conditional Page 91 of 408 Qualified applicants who apply by the deadline elate a a x.„. , * appear ore an o examination eople who pe g tested. An indiv a score of sixty points out of hundred to achieve a pas sing x 'on. a op app 'can , as ranked by their scores on the oral examination will -Tie p on= a ce is . pp 'cans who qualify as outlined and are full time regular employees of. the City of Waterloo shall have one additional point r full Year of employment u to a Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. Failure to pass these tests will result in withdrawal of the employment offer. ORAL EXAMINATION DATE Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. FACILITIES SERVICES SPECIALIST DESCRIPTION 19 November 2019 Page 92 of 408 Page 93 of 408 PERSONNEL REQUISITION Facilities Services Specialist The following questions are provided as guidelines to assist you in developing your rational for the position of Facilities Services Specialist in the Cultural &Arts Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? See job description (attached). (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The duties and schedule are specific to this position and there is not adequate staffing in place to support reassignment of the duties associated with the position. (3) How is the work of this position being accomplished now? We currently have a temp employee, John Etringer, working in this position. He has been doing an excellent job in the position and would be a viable candidate. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, our department has experienced recent reductions in staffing. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is required for operation and maintenance of the facility and for providing service to rental groups and support for museum programs. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position is critical for delivery of facility rental services museum programs which produce projected budgeted revenue streams. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Our department does not have a budget for or allow overtime. Our Facilities Services Manager has been accruing a significant comp time balance (currently 70 hours) due to the lack of this position being filled on a stable ongoing basis. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. As noted, our department has experienced staffing reductions in recent years. Despite this the number of programs/event hosted by the Center and the Page 94 of 408 associated revenues continue to rise. Number of events presented have been increasing 25-30% annually. (9) If this position is not tilled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. This position is critical in order for our facility to be open the hours that it currently is and to facilitate the more than 1,700 meetings/events that are hosted by WCA annually. If not funded, we will need to consider eliminating some evening or weekend hours which will result in poor customer service and the loss of associated rental/program revenues. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Currently, other staff members cover shifts to the extent possible. Vacation requests are denied at times if they coincide with particularly busy times or large events. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It would not likely be viable to outsource this position as the duties are wide-ranging and to a great extent very particular to the WCA facility and its operations. The learning curve for the position is particularly long. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position, while not at the highest pay grade or professional status, is one of the most critical as all programs and activities are dependent upon having an open, safe and secure facility. Again, most of the Center's revenue streams are tied to this position. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly supports Strategy 4.5 (maintain services & facilities that support quality of life) among others. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 95 of 408 CITY OF WATERLOO Council Communication Recommendation of apppointment of Todd Swarts, from the Civil Service List, to the position of Fleet Parts and Supply Clerk, pending completion of physical and drug testing, effective February 5, 2020. City Council Meeting: 1/21/2020 Prepared: 1/15/2020 REVIEWERS: Department Reviewer Action Date Public Works Department Higby, Nancy Approved 1/15/2020 - 11:20 AM Clerk Office Higby, Nancy Approved 1/15/2020 - 11:21 AM ATTACHMENTS: Description Type ❑ 2020-Personnel req Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Recommendation of apppointment of Todd Swarts, from the Civil Service List, to the position of Fleet Parts and Supply Clerk, pending completion of physical and drug testing, effective February 5, 2020. Submitted By: Randy Bennett, Public Works Division Manager Approve Recommendation This position is being filled due to a retirement of the parts clerk in December. This position is budgeted and required to support Central Garage operations. $48,505.60 $23.32 per hr. With benefits $71,303.00 General Fund - 010-18-7950-1111 Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 96 of 408 RECEIVED OCT 1 8 2019 PERSONNEL REQUISITION FORM CliC01( as applicable: M lo start recruiting Or civil SOITIC,0 process and/or El To fill a vacancy D Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form. at Vane of submission to Human ReSourees. Position Title! Fleet Parts Cleric - Department: Central Garage' Reports To: Fleet Maintenance Director Work Location: Public Welts Employment Status: Type of Position: Civil Service Position: Bargaining Position!: Bargaining Group:. 2.38 NM:bargaining Position: -Regular Full Time Regular Part Tithe D Regular 7-Month El Yes Ye$ D El:No T'emporaiy Full Time from, to. Temporary Part Tito •front to Intern/Co-op-Student froln to kebotamandad Reaattrherit.g.otikee§: El No- D Internal Postitig.0iily . Li NO. Elllateritalrostingand.EXterrial Advertising **.?14,*f**'*'*-+**-t**C*Offi****W*C*44***t*********41*****O********.**:tt*****41**.******"t**.***M'(.***W'I"V'I'**.$* complete the following ifthe requisition is to fill a; vaeancy: El New Position or E] Replacement Position for: Colleen Clark (Parts Clerk) (4peoify otiiiii.0* of fpttne(*u0e0) Date incumbent terminated' employment: Still Erni). Date of fmal payout: Still Emp Antieipated start date:: ASAP No: of hours/week: 40 Work schedtile:- 07004500 Mon -Fri 4..ustificatioivencetr fer position; This position. is a.replacernent for a0..emPlOyee.tbat will betretiring the' Central Garage, What aro the likely consequenceS•if the position IS not filled? Critical position:in the maintenance of equipnient. APPROVALS Annual salary requirements: $48,505.60 Hourly Rate: 23.32 Benefits!: $71,303 (Payroll tiixos,.pension, hailth ins imhg tamilY) Is position budgeted for this and future FYS? I Yes D No If in), bow will _position be ftinded? .Appov94 subject to the. following•conditions: Stibmiarng eptirtineut ead Ditte: nat*Iai Offiw 'Huinait egources //— 1-19 hatepoto Date. Civated $1/7/2014 Page 97 of 4W3. RECEIVED OCT 1 8 2019 PERSONNEL .REQUISITION FORM check as applicable: To start veer Or civil service process and/or E To fill a vacancy EJ Active Civil ServicoList Expires: proposed jO) description and questionnaire must accompany this •forin at time of submission to Htiman Resourbes. Fleet.Parts Clerk. Department: Central Garage Reports To: Fleet Mainterianee Director Work Location: Public Works Employment •Status: Regular Full Titne 0 Temporary Full Timfiom. to Regular Part Time Q Temporary 1art`Tiou3 from to 0 Regular 7-Month 0 Intern/Co-op Studdafrort tt Typo ofPositiort: •Rceonnuended Reeriiitrnerit Sources: Civil rVice Position: El Yes 0 No DTnternal Posting Only Bargaining P.oitiorr. 10 yes D No E InterrialYosting.sand External Advertising Bargaining Group .238. NbtiLbargaining Posititat El Yes complete Tho following if the requisition is to iili kriqnq; O New Position' or Replacernent•Position for: Colleen Clark (Parts ietk (poifdthqprf9tntcr Incumignt) Date incumbeut 'terminated employment: Still Dup. Date of final payout: Still Emp Atitibipated start dat6: ASAP No, Of hours/Week: .40 Woik sthednici 0700-1500 - IviorimFri ,f.nstificatioaxif need for position This position is a NplaoornootsfOr art employeetat will berettringlit rage. What are th6:likely oorisequohoeS if thoposition is:hot falod? Critical position:in thMaintetiancd ofequipnint. Annual. requirements: $48,505.60 Is position budgeted forthigandfirture Flrs? 14 Yes 14:PiROVALS Hourly Rate: • 23,32 Benefits: $71,303 (Payroll tam, ponslon, liealth ins,- assuming f€0113) El No :If nO, hOw will 'position be funded? Approve subject to the following conditions: anbtnitteig cpartinent Head Date: •Chid Financial Officcr Date iumat gekfurcesQ0nitalttee Chititpefsnii Deit0. Mayor Cieaied 8-0/1014 Page 99 of 400 Submit resume by going to www.cityofwaterlooiowa.com clicking on Job Opportunities, reviewing the Garage Mechanic description and following directions to submit cover letter and resume We will not accept mailed, faxed, hand -delivered or directly emaiiled resumes. Deadline to submit resume is Noon on Friday, xxx xx, 2019. DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CENTRAL GARAGE $22.32 per hour with $1.00 increase after 6 month probation NON-EXEMPT INCLUDED TEAMSTERS LOCAL 238 GENERAL STATEMENT OF DUTIES Receives, maintains inventory records, and dispenses repair and Central garage. EXAMPLES OF ESSENTIAL FUNCTIONS 7. (Illustrative Only) These functions are essential for successful performance in this job classification. 8. 1. Receives fleet related parts and materials at the delivery area, and verifies parts 9. received match packing slip, and makes sure invoices match packing slips; 2. Stocks parts in appropriate locations; 3. Locates materials and equipment in parts and tire room; 4. Oversees and monitors part accuracy; 5. Orders or assists in ordering and issues fleet parts and tires to accomplish fleet work orders; 6. Maintains inventory levels or assists in maintaining inventory levels appropriate to turn around time; maintenance parts for the City of Waterloo Perfouuns parts inventory counts, quarterly and annually; Operates equipment necessary to unload, load, or stockpile items; Researches potential fleet parts suppliers for same products at a better price and shipping costs and recommends appropriate suppliers to management; 10. Pulls parts from stock for mechanics as requested; 11. Receives, dates and initials invoices; 12. Reconciles core credits,.,. 11 13, °Notif io mechanic when pails Iproeured.;�� 3 f 6, 14. Generates (`ep1G rishrirent reports and rorders part daily; 15. Generates purchase orders from fleet software; Page 100 of 408 16. Orders oil and lubricants for the City; 17. Monitors City fuel site and procures fuels when needed; 18. Creates cross references for parts; 19. Performs all work duties and activities in accordance with City policies, procedures and safety practices; 20. Attends work regularly at the designated place and time. REQUIRED KNOWLEDGE & ABILITIES 1. General knowledge of engines, drive trains, chassis, cooling, electrical and hydraulic systems; 2. Ability to write and work on routine reports and correspondence; 3. Good computer skills and knowledge of Microsoft Office; 4. Good organizational ability; 5. General understanding of mechanical technical terms ; 6. Safety precautions working around mechanical equipment, stored material and equipment, and in maintenance areas; 7. Storekeeping methods and practices; 8. Traffic laws and safe driving methods and practices; 9. General knowledge of vehicle maintenance and repair work; 10. Pick up, deliver, or transfer parts, supplies, tools, equipment, and mail in an efficient and timely manner; 11. Drive safely while delivering parts and materials; 12. Move heavy objects; 13. Maintain a neat and orderly parts storeroom and type and perform light clerical tasks; 14. Follow oral and written instructions and perform tasks in accordance with standard procedures; 15. Establish and maintain effective working relationships with coworkers, City employees, vendors, and the general public; 16. Skill in the care and safe operation of equipment used in transporting and storing parts and supplies. ACCEPTABLE EXPERIENCE & TRAINING 1. Associate's degree in car or truck automotive technology with minimum 2 years of experience in major repair of vehicles or Technical school graduate with a diploma in automotive technology and minimum 3 years of experience in major repair of vehicles; or High school graduate/GED with minimum 4 years of experience in major repair of vehicles; 2. Experience working in a service department; 3. Experience in computerized inventory systems; 4. Work experience must be verifiable with a dealership, private repair facility, truck stop/service center, construction company, governmental agency/school system or other legitimate business; 5. Reply:Rcquired to:.possess or obtain an -.Iowa Class B Commercial Drivers' License (CDL) Aiith air brake resat cap and watt ,tanksi and combination P endor474.1**ithrwr 6 Months of ern rloyment G ,od t riving Irecordvlbased on ;City or Waterloodriver ` performance criteria. A candidate with any of the following will not be cotsidcred' 'for erriployrnent: loss of license for any reason during the period of candidacy for employ -moat geip0 t of 408 candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OW1, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one- year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault within a three-year period; 6. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. Sufficient strength to perform assigned tasks including but not limited to lifting and carrying up to one hundred pounds with assistance as needed. 2. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and supervisors. 3. Sufficient personal mobility that permits the employee to operate vehicles in all types of weather, move from one City facility or work site. 4. Sufficient manual dexterity and hand/eye coordination for safe operation of manual and powered equipment; ability to grasp/grip a wide range of tools; 5. Sufficient depth perception, peripheral vision and color vision to work around machinery, operate equipment and identify indicator lights. 6. Adequate hearing to diagnose vehicle problems and to communicate with coworkers. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hardhat, welding shield, hearing protection and gloves. 2. Must wear standard uniform as supplied by City. 3. Must submit to Department of Transportation requirements including pre- employment, post -accident, reasonable suspicion, random and return-to- duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical and drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 5, The City of Waterloo will conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 6. Must - :,comply. with City; of W terloo Residency Policy for Critical Employe 's (live f within 10-male radius of Waterloo City Hall). Will be"off giver , eason ah compliance ;period as detrmi ned'hy supervj or, 7. Must submit to and pass Civil Service examination procedures including a panel interview. Page 102 of 408 WORK SCHEDULE Will be assigned to a shift that is one of the following: 7:00 a.m.-3:00 p.m. or ,3:00 p.m.-11:00 p.m. Monday -Friday with a twenty -minute paid lunch. Required to report for work as needed any time during emergencies that are usually caused by extreme weather conditions. ORAL EXAMINATION All qualified candidates who apply by the deadline date will be required to appear before an interview panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores on the interview, will be the individuals placed on the certified list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. FLEET PARTS AND SUPPLY CLERK DESCRIPTION October 2019 Page 103 of 408 PERSONNEL REQUISITION Fleet Parts Clerk The following questions are provided as guidelines to assist you in developing your rational for the position of Fleet Parts Clerk in the Central Garage/Public Works Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) (2) (3) What are the key job responsibilities of this position? Orders and Receives fleet related parts and materials at the delivery area, and verifies parts received match packing slip, and makes sure invoices match packing slips. Stocks parts and maintains inventory levels or assists in maintaining inventory levels appropriate to turn around time. Researches potential fleet parts suppliers for same products at a better price and shipping costs and recommends appropriate suppliers to management. Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. This persons duties is to source, order and inventory parts and supplies. How is the work of this position being accomplished now? The employee in this position is going to be retiring December 13th. Currently there is nobody cross trained in this position which our goal is to bring a new hire on board so they could cross train to minimize loss of productivity. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is vital to the entire operation of the central garage. The laps of not having an employee will negatively affect the timeliness of all repairs to all emergency and general fleet of vehicle and equipment in the city. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? This position, while not revenue generating, is critical in providing safe equipment to the departments mentioned above. Also providing public safety to the citizens of Waterloo. (7) If you are paying overtime or comp time within yourdepartment to accomplish this work now, how much overtime or comp time has, been paid out or earned that is directly attributable to this posit on an o e what period ,_, of time? The department pays overtime only as necessary. The Page 104 of 408 departmental maintenance backlog and routine service would be reduced by replacing this position. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The workload of this position fluctuates depending on seasonal objectives of the department(s). (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Should these positions go unfilled, we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. This position is responsible for sourcing and ordering all parts for all emergency, heavy duty and general fleet vehicles. Failure to fill this position would compromise efficacy of all mechanics from performing their jobs efficiently and would significantly hurt the turn around on how quick vital equipment is repaired and operational. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs can't be completed with the timeliness expected of both the department and the customer. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? It is possible; however, the City would incur additional expense in labor rates. Considering the equipment this position supports, the need for background checks and security of sensitive components within the wide variety of vehicle parts this person is responable for sourcing and ordering. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Public Safety has been determined to be the most critical operation in the City. As such, availability of serviceable equipment for these departments to operate is equally critical. The contribution of this position is critical to the overall objectives of the departments. (13) How does this position impact the Goals and Objectives for` the City adopted 11 by the City Council? This position directly impacts the department's ability to develop a customer -centered service delivery Page 105 of 408 Note: ;1 orwmrd completed :questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 106 of 408 CITY OF WATERLOO Council Communication Resolution approving request of Airport Director for a directive to begin working with officials from the Federal Aviation Administration to decommission and future permanent closure, of Runway 6-24 at the Waterloo Regional Airport, due to the severe pavement condition of this runway surface, and authorizing the Mayor and City Clerk to execute documents regarding the decommissioning or closure process. City Council Meeting: 1/21/2020 Prepared: 1/15/2020 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 1/15/2020 - 10:52 AM Clerk Office Even, LeAnn Approved 1/15/2020 - 1:14 PM ATTACHMENTS: Description Staff Memorandum to Waterloo City Council on Recommendation to Close Runway 6-24. SUBJECT: Type Cover Memo Resolution approving request of Airport Director for a directive to begin working with officials from the Federal Aviation Administration to decommission and future permanent closure, of Runway 6-24 at the Waterloo Regional Airport, due to the severe pavement condition of this runway surface, and authorizing the Mayor and City Clerk to execute documents regarding the decommissioning or closure process. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Approve the recommendation as noted above by Airport Staff. Summary S tatement: If approved, this will allow the Airport Director to begin working with officials from the FAA Regional Office in Kansas City to begin the decommissioning and future permanent closure of Runway 6-24. Airport Staff estimates that there will be minimal outward costs to proceed. There will of course be Staff time involved, yet there will be costs involved including: 1. Removal of all airfield guidance sign panels reflecting Runway 6-24 as reflected on the current FAA -approved Sign and Markings Plan; 2. Removal of approach, end and edge lighting fixtures. 3. The painting or placement of painted "X's" on various locations of the runway to provide a visual reference to pilots indicating that this runway is closed. Page 107 of 408 Expenditure Required: This would be required via the FAA -approved Airport Advisory Circular 150-S eries. 4. Publish in various aviation publications notating that the runway is closed. 5. Update and/or Revision of the FAA -approve Signage and Markings Plan. I would task this to ALO's consulting engineering firm (AECOM) for assistance. 6. Future removal of either FAA -owned (approach to Runway 6) or Airport -owned (approach to Runway 24) lighting aids at either end of the runway. 7. Complete other pavement markings changes on various taxiways, etc., as per the guidance from the FAA Pavement Markings Advisory Circular. 8. Potential removal for the LAHS 0 markings on the pavements, as may be directed / required by the FAA's Safety and Certification office. 9. General updates to the FAA -approved Airport Certification Manual. 10. Other requirements as may be necessary as directed by the FAA. Source of Funds: Minimal use of funds would be from the Airport's Operating Budget. This request complies with the City of Waterloo's Strategic Plan, as follows: Goal No: 1, and Strategy No: 1.3. Policy Issue: Goal No: 2, and Strategy No: 2.2. Goal No: 3, and Strategy No: 3.1, 3.3, 3.4, 3.5 and 3.8. Goal No: 4, and Strategy No: 4.1 and 4.5. Alternative: There are no alternatives as requested by Airport Staff for this request to City Leadership. Initially constructed around 1943, and with only one (1) two-inch rehab in 1981. Runway 6-24 is and has been for many years, showing extensive pavement deterioration as indicated in the attached Pavement Condition Index (PCI) survey, - and comprehensive completion of a Pavement Maintenance Management Plan (PMMP), originally completed in 2017 with final update in 2018. As attached, Staff was directed to provide to the Airport Board, cost estimates for the costs to rehabilitate this runway. Staff tasked this to the airport's engineering consulting firm (AECOM). Page 108 of 408 Background Information: Furthermore, looking at the costs involved, including the two requests by the Airport Board, via the City's CIP process for the following: 1. An estimated $300,000 for the routing and refilling of the many thousands of linear feet of pavement cracks, and to repaint the pavement markings; or, 2. An estimated $1,900,000 for a reconstruction of this runway surface, beginning with the approach end of Runway 24, and reducing the length from 5,400 feet to 3,280; and, to reduce the width from 130-feet to 75-feet. As such, and either way, the City of Waterloo nor the Airport Department, can afford to expend the above funds necessary for either above option, whereas, the City of Waterloo would need to issue Bond Funds to complete either option. Any in-house by Airport Staff, or professionally generated Cost Benefit Analysis does not merit the City Leaders bonding for either of the above two options, or any option in the attached correspondence. Finally, it has been communicated for many years, that the Federal Aviation Administration will no longer provide any funding support to rehabilitate this runway, as this was a result of the City of Waterloo being a recipient of ARRA Fund to execute pavement improvements to the Center -Section of Runway 18-36 - the Airport's North -South and Secondary Runway. While the FAA will no longer provide any funding support, if the FAA does not, nor would the State provide any funding for this runway surface. Combined, our Primary Runway (12-30) and Secondary Runway (18-36) can accommodate (with a 10.5 knot or 12.075 mph) crosswind, can accommodate approximately 97.52% of all potential Air Traffic Operations (ATO's). With a higher crosswind speed (20-knots or 23 mph), combined via the Primary and Secondary Runways, via an FAA -approved "Windrose", via the Airport Master Plan and Airport Layout Plan for ALO, these two runway surfaces can accommodate approximately 99.97% of all potential Air Traffic Operations. Legal Descriptions: Not Applicable for this request by Staff. Page 109 of 408 WATERLOO CRUISE A NEW ALTITUDE INTER -DEPARTMENTAL CORRESPONDENCE TO: MEMBERS, WATERLOO CITY COUNCIL CC: Mayor Quentin Hart Michelle Weidner, CFO Sheila Combs, Airport Bookkeeper FROM: Keith Kaspari, C.M., MPA, Airport Direc DATE: January 13, 2020 RE: 4-Year Snapshot Review of Total Air Traffic Operations (Takeoffs & Landings) from Runway 6/24. As we have now completed CY-2019, Staff wanted to provide you all an updated 4-Year report of Air Traffic Operations (ATO's) for Takeoffs and Landings for Runway 6/24 at Waterloo Regional Airport, with numbers reflecting the following: CY-2016 377 Total Takeoffs and Landings (No Separate Monthly Reports. Just Seasonal Total - April thru November - as reported by the FAA's Air Traffic Control Tower) CY-2017 647 Total Takeoffs and Landings NOTE: Runway 6/24 Closed During the Months of November 2016 thru March 2017 April 40 May 50 June 50 July 50 August 50 September 113 October 108 November 164 December (Thru 12/3) 22 2790 Livingston Ln • Waterloo IA 50703 • P: 319-291-4483 • F: 319-291-4250 • www.FIyALO.com 1 Page 110 of Arlo CY-2018 784 Total Takeoffs and Landings (Per Month) January 0 February 0 March 0 (Note: Operations on Runway 6/24 From January thru March Suspended due to Frozen Water in Runway Lighting cans) April (From Winter Season, Reopened Runway on April 24) 10 May 82 June (Runway 18/36 Reopened Due to Construction on June 4th) (Duration of Closure Lasted 6-Weeks) 273 July 151 August 60 September 129 October 56 November 15 December (Thru December 3th) 8 2 pnrin 1 1 1 r f A 112 CY-2019 5.03 Total Takeoffs and Landings (Per Month) January 3 February 0 March 2 Apri 36 May 60 June 70 July 153 August 53 September 57 October 36 November 14 December 19 Summary: As reflected above, the 4-Year total reflects a tally of 2,311 takeoffs and landings, in contrast with a 4-Year average of 19,038 total Air Traffic Operations (final Air Traffic Operations for CY-2019) not available as of the date of this correspondence. The above total reflects an annual average of 577 takeoffs and landings, or approximately 3.03% of the overall total of the 19,038 Air Traffic Operations at Waterloo Regional Airport. Lastly, as you can see from the Pavement Condition Index (PCI) report (see attached), the report reflects Runway 6/24 to be in two conditions, "Poor" and "Very Poor." As you may know, the Airport Board directed me to submit two separate CIP Requests for the FY-2020 — 2024 CIP period, as follows: ➢ FY2020 Staff submitted a request for approximately $300,000 for the resealing and repainting of the runway. This is, at best, a highly conservative estimate, and temporary stop -gap for a handful of years until natural weathering will require City officials to continue on -going yet significant pavement rehabilitation, and/or much more expensive pavement reconstruction — either of which would require GO bond issuance. 3 Dino 110 of Ansz Example No: 1 - If this project request was approved, and if the City of Waterloo bonded for an estimated $6,000,000 for a future Fiscal Year, the above project request alone would require approximately 5.0% of the $6M total — again, when there are much higher priority needs for the bonded funds the City of Waterloo would issue. For this example, the above annual average of 577 takeoffs and landings would equate to approximately $519.93 per landing or takeoff. As a result of discussion by senior City Leadership via the CIP projcess, this project request was not approved. Therefore, Staff has no intention of requesting funds for this project again in the future. ➢ F'Y2024 — Staff submitted a second request for approximately $1,900,000 for the complete reconstruction of the runway — yet, with a reduced length and width, from the current -day 5,400 long x 130 wide, to approximately 3,280 x 75. Example No: 2 - If this project request is approved, and if the City of Waterloo would again bond for an estimated $6,000,000 for a future Fiscal Year, this project request alone would dominate approximately 31.58% of the $6M total — again, when there are much higher priority needs for bonded funds the City of Waterloo would issue. For this example, the above annual average of 577 takeoffs and landings would equate to approximately $3,292.89 per landing or takeoff. As of the date of this correspondence, this project request for bond funds was not approved by Senior City Leadership, and Staff has no intention of submitting this request again. ➢ Additional Note: The Federal Aviation Administration, as of CY-20I1 and the then future project for an update to the Airport Master Plan, will no longer provide any federal funding support for this runway. This is due to the current Primary ILS (Instrument Landing System) Runway (12/30) in addition to our Secondary Runway (18/36), combined, that accommodates the following percentage of total air traffic operations at the following wind speeds —both in knots and miles per hour: WIND DATA — ALL WEATHER CROSSWIND SPEED IN KNOTS PER HOUR CROSSWIND SPEED IN MILES PER HOUR PRIMARY ILS RUNWAY 12/30 SECONDARY RUNWAY 18/36 COMBINED RUNWAYS 12/30 & 18/36 10.5 KNOTS 12.075 89.91% 85.54% 97.52% 13.0 KNOTS 14.95 94.75% 91.65% 99.16% 16.0 KNOTS 18.40 98.43% 96.97% 99.76% 20.0 KNOTS 23.0 99.63% 99.12% 99.96% NOTE: The Federal Aviation Administration determined that they would no longer provide any federal funding support for Runway 6/24 — as the City of Waterloo was a recipient of Federal Stimulus Funds via the American Recovery and Reinvestment Act (ARRA), as the City of Waterloo accepted a Stimulus Grant via the FAA for pavement improvements for ALO's Secondary Runway 18/36 (North -South) for the Center -Section of this Runway. 4 Page 113 of 408 SLIM1VIARY: As you can see from the numbers above, even with a minimum of crosswinds at 10.5 knots per hour, Runways 12/30 and 18/36 combined, accommodates approximately 97.52% of all potential air traffic operations. Therefore, using a Cost Benefit Analysis (CBA), the expenditure of bonded dollars for either the S300,000 or S1,900,000 does not justify the expenditure of these critical funds whereby there are much higher priority needs for the airport department combined with other higher priority needs by other City departments. Additionally, the above request for $1,900,000 will be the approximate match funding needed when the City of Waterloo undergoes an extensive rehabilitation and/or reconstruction program for our Primary Runway 12/30 (Northwest -Southeast) that will be needed to begin on or around FY-2029, as determined via a Staff Estimated Long -Range Needs Analysis (Attached). For this future Runway 12/30 project, total cost is estimated to approach $20,000,000 — and pending what the FAA will allow (final as reconstructed width), and type of pavement allowed (concrete or asphalt) to be constructed. Therefore, the City of Waterloo, as Airport Sponsor, will be required to provide a 10% match, or approximately $2,000,000, pending final scope of work for this future critical project. NOTE: For this project, the Federal Aviation Administration will not issue any "Discretionary" funding assistance to the City / Airport until Waterloo Regional Airport has a verified Financial Plan showcasing the matched local funding is available to complete the project each year over an estimated 4-Year construction (season) project. Discretionary Assistance by the FAA is defined as any funds allocated to the Community or Airport Sponsor in excess of the annual entitlement total received for project assistance. For ALO, that annual total is $1,000,000. End of Memo --- 5 ID'a -1C 1 1 it nf. A nsz z w 0 0 } CC 1- CC 0 0 ❑ ▪ [] ▪ CL 7 ❑ 0 l/ O 0 0 0 1- CCY 0 CC CC 7 ¢ ¢ O [,_[ w 0 C7 V1 0 7 V1 0 0. in O in O in O 00 N CV • • EVALUATED 1— O 0 • ■ YY -' III 0 ❑0 z¢ o¢ �z 0 0 z oW ce z o W J 0 0 W Q H 0- t 10 • 1 1[q[0K3 Ind CA. I P°N •uop•uol3 PI SJ-I Q-lV san\'d aIid ubl sap Wd LE. 7Z0Z 'CI02/81/ZI aut oW 5a0 NO031, :AC P®Hold Page 115 of 408 CITY OF WATERLOO DBA WATERLOO REGIONAL AIRPORT Long Range Planning and Needs Analysis FY2020 - FY2040 Federal Fiscal Year Project Description AIP Entitlement or Discretionary Funding @ 90% Local Match of 10% Via (PFC's or Other) Estimated Total Project Cost Percent Project Completed; or, Grant Sponsor to Use Bond Funds 1.Obstruction $141,750. $15,750. $157,500. 0% 2020 Mitigation ALO Using 3- 2. Complete $575,302. $63,923. $639,225. 0% Years of Reconstruction of Entitlement Funding G.A. Term. Apron (Charter Aircraft Area) 3.Complete $2,206,042. $245,116. $2,451,158. o 0% Sponsor carrying over Reconstruction of Taxiway B ENT funds (South) from 2018 & LOCATION: TTL: $2,923,094. TTL: $324,789. TTL: $3,247,883. 2019 Between Alpha Taxiway & Intersection of RWY-18/36 Maintenance of Runway 12/30 Application of 2021 Pavement Preservative. Add l'xwys Alpha (Fast & $634,528. $70,503. $705,031 N/A Echo), Add Airfield Pvmnt Markings Rehabilitation of 2022 Taxiway Alpha $1,150,987. $127,887. $1,278,874. N/A (West) 1.Airfield Pavement $189,248. $21,027. $210,275. 2023 Markings 2. Airfield Pavement $265,500. $29,500. $295,000. N/A Sweeper TTL: $454,748. TTL: $50,527. TTL: $505,275. No Project ALO to Carry Over 2024 Balance of Funds See Below See Below See Below N/A From 2023 & 2024 to 2025 RWY Rehabilitation Intersection of $2,000,000. $200,000. $2,200,000. 2025 RWY 18/36 Does Not Include Est. $594,725. N/A (N&S of RWY 12/30) In ENT Funds from 2023 Airport Fire Truck 2026 Replace 1993 $1,150,000. $115,000. $1,265,000. N/A Oshkosh T-1500 Misc. Terminal 2027 Renovations Replacement of Pax $1,000,000. $100,000. $1,100,000. N/A Boarding Bridge, Other Misc. Projs. RWY 12/30 Rehab. 2028 Evaluation, Financial Plan & $1,000,000. $100,000. $1,100,000. N/A Proj. Design Services Page 116 of 408 CITY OF WATERLOO DBA WATERLOO REGIONAL AIRPORT Long Range Planning and Needs Analysis FY2020 - FY2040 2029 Runway 12/30 Pvmnt Rehab Phase 1 of 4 ENT: $1,000,000. DISC: $3,500,000. $500,000. $5,000,000 Yes. Estimated At: $500,000. 2030 Runway 12/30 Pvmnt Rehab Phase 2 of 4 ENT: $1,000,000. DISC: $3,500,000. $500,000. $5,000,000 Yes. Estimated At: $500,000. 2031 Runway 12/30 Pvmnt Rehab Phase 3 of 4 ENT: $1,000,000. DISC: $3,500,000. $500,000. $5,000,000 Yes. Estimated At: $500,000. 2032 Runway 12/30 Pvmnt Rehab Phase 4 of 4 ENT: $1,000,000. DISC: $3,500,000. $500,000. $5,000,000 Yes. Estimated At: $500,000. 2033 Replace Snow Removal Equipment (TBD — Fleet Eval. ALO to Carry Over Funds to FY-2035 N/A 2034 Replace Snow Removal Equipment (TBD — Fleet Eval. ALO to Carry Over Funds to FY-2035 N/A 2035 Replace Snow Removal Equipment (Broom - Plow - Blower) $2,025,000. $225,000. $2,250,000 N/A 2036 Airport Fire Truck Replace 2006 E-One Titan $1,150,000. $115,000. $1,265,000. N/A 2037 Pavement Rehab. West & East General Aviation Apron, Taxilanes HNGR 4 and T-HNGR Areas A-B-C $1,000,000. $100,000. $1,100,000. Does Not Include $1,050,000 in ENT from 2035 N/A 2038 Sponsor to Carry Over Funds to 2040 N/A 2039 Sponsor to Carry Over Funds 2040 N/A 2040 New Hangar Development Site Prep, Design Services and Construction $3,000,000. $300,000. $3,300,000. N/A ESTIMATED PROJECT TOTALS S35,488,357. $3,828,706. $39,911,788. N/A Shared Junk/ACIP-Alrpart Capital Imp Program — KK — ALO —Long Range Plan Page 117 of 408 RUNWAY LENGTH REQUIREMENTS Runway Design Category Small Airplanes - Approach Speed Less Than 30 Knots Small Airplanes - Approach Speed Less Than 50 Knots 75% Small Airplanes With Less Than 10 Seats 95% Small Airplanes With Less Than 10 Seats 100% Small Airplanes With Less Than 10 Seats Small Airplanes With 10 or More Seats Large Airplanes - 75% of Fleet at 60% Useful Load Large Airplanes - 75% of Fleet at 90% Useful Load Large Airplanes - 100% of Fleet at 60% Useful Load Large Airplanes - 100% of Fleet at 60% Useful Load Critical Design Aircraft (Maximum Take -Off Weight) ERJ 140/145 MD-87 B737-800 Based on FAA Advisory Circular 150/5325-4A and Manufacturer's Data. Length (ft.) 330 870 2,750 3,280 3,890 4,350 5,460 7,000 5,510 8,290 6,791 8,430 8.400 Option Runway Length by Width Estimated Construction Cost Reconstruct Current Configuration 5,400' by 130' $5,307,900 95% Small Aircraft < 10 Seats (Includes Pavement Removal) 3,280' by 75' $2,978,250 95% Small Aircraft < 10 Seats 3,280' by 75' $2,514,020 100% Small Aircraft < 10 Seats (Includes Pavement Removal) 3,890' by 75' $3,434,200 100% Small Aircraft < 10 Seats 3,890' by 75' $2,949,300 Page 118 of 408 Page 119 of 408 Reconstruct Runway 6-24 Existing Width and Length (5,400 by 130) Description Unit Estimated Quantity Estimated Unit Price Total Estimate Mobilization and Safety LS 1 $ 630,500.00 $ 630,500.00 Pavement Removal 5YD 78,000 $ 5.30 $ 413,400.00 Excavation CYD 13,000 $ 5.50 $ 71,500.00 Base Course CYD 13,000 $ 30.00 $ 390,000.00 Bituminous Pavement Ton 20,000 $ 80.00 $ 1,600,000.00 Pavement Grooving SYD 78,000 $ 6.00 $ 468,000.00 Pavement Marking LS 1 $ 10,000.00 $ 10,000.00 Runway Edge Lights EA 70 $ 800.00 $ 56,000.00 Lighting Cable & Conduit LFT 18,000 $ 8.00 $ 144,000.00 Contingency (15%) LS 1 $ 567,500.00 $ 567,500.00 Design/Construction Administration LS 1 $ 957,000.00 $ 957,000.00 Total Construction Estimate $ 5,307,900.00 Page 120 of 408 Page 121 of 408 Reconstruct Runway 6-24 95% of Small Aircraft Less than 10 Seats 3280 by 75 - With Pavement Removal Outside of Runway Description Unit Estimated Quantity Estimated Unit Price Total Estimate v Mobilization and Safety LS 1 $ 353,700.00 $ 353,700.00 Pavement Removal SYD 84,500 $ 5.30 $ 447,850.00 Excavation CYD 4,600 $ 5.50 $ 25,300.00 Backfill Removal Areas Beyond Pavement CYD 6,500 $ 10.00 $ 65,000.00 Base Course CYD 4,600 $ 30.00 $ 138,000.00 Bituminous Pavement Ton 7,000 $ 80.00 $ 560,000.00 Pavement Grooving SYD 27,400 $ 6.00 $ 164,400.00 Pavement Marking SFT 1 $ 9,000.00 $ 9,000.00 Runway Edge Lights EA 50 $ 800.00 $ 40,000.00 Lighting Cable & Conduit LFT 10,000 $ 8.00 $ 80,000.00 Relocate VASI LS 1 $ 100,000.00 $ 100,000.00 Topsoiling CYD 6,500 $ 15.00 $ 97,500.00 Seeding and Mulching ACRE 15 $ 2,800.00 $ 42,000.00 Contingency (15%) LS 1 $ 318,500.00 $ 318,500.00 Design/Construction Administration LS 1 $ 537,000.00 $ 537,000.00 Total Construction Estimate $ 2,978,250.00 Reconstruct Runway 6-24 95% of Small Aircraft Less than 10 Seats 3280 by 75 without Pavement Removal Outside of Runway Description Unit Estimated Quantity Estimated Unit Price Total Estimate Mobilization and Safety LS 1 $ 298,600.00 $ 298,600.00 Pavement Removal SYD 27,400 $ 5.30 $ 145,220.00 Excavation CYD 4,600 $ 5.50 $ 25,300.00 Backfill Removal Areas Beyond Pavement CYD $ 10.00 $ Base Course CYD 4,600 $ 30.00 $ 138,000.00 Bituminous Pavement Ton 7,000 $ 80.00 $ 560,000.00 Pavement Grooving SYD 27,400 $ 6.00 $ 164,400.00 Pavement Marking SFT 1 $ 20,000.00 $ 20,000.00 Runway Edge Lights EA 50 $ 800.00 $ 40,000.00 Lighting Cable & Conduit LFT 10,000 $ 30.00 $ 300,000.00 Relocate VAST LS 1 $ 100,000.00 $ 100,000.00 Topsoiling CYD - $ 15.00 $ - Seeding and Mulching ACRE - $ 2,800.00 $ - Contingency (15%) LS 1 $ 269,000.00 $ 269,000.00 Design/Construction Administration LS 1 $ 453,500.00 $ 453,500.00 Total Construction Estimate $ 2,514,020.00 Page 122 of 408 tot Page 123 of 408 Reconstruct Runway 6-24 100% of Small Aircraft Less than 10 Seats 3280 by 75 without Pavement Removal Outside of Runway Description Unit Estimated Quantity Estimated Unit Price Total Estimate Mobilization and Safety LS 1 $ 408,000.00 $ 408,000.00 Pavement Removal SYD 84,500 $ 5.30 $ 447,850.00 Excavation CYD 5,500 $ 5.50 $ 30,250.00 Backfill Removal Areas Beyond Pavement CYD 16,500 $ 10.00 $ 165,000.00 Base Course CYD 5,500 $ 30.00 $ 165,000.00 Bituminous Pavement Ton 8,300 $ 80.00 $ 664,000.00 Pavement Grooving SYD 32,500 $ 6.00 $ 195,000.00 Pavement Marking SFT 1 $ 11,000.00 $ 11,000.00 Runway Edge Lights EA 56 $ 800.00 $ 44,800.00 Lighting Cable & Conduit LFT 12,000 $ 8.00 $ 96,000.00 Relocate VASI LS 1 $ 100,000.00 $ 100,000.00 Topsoiling CYD 6,000 $ 15.00 $ 90,000.00 Seeding and Mulching ACRE 11 $ 2,800.00 $ 30,800.00 Contingency (15%) LS 1 $ 367,000.00 $ 367,000.00 Design/Construction Administration LS 1 $ 619,500.00 $ 619,500.00 Total Construction Estimate $ 3,434,200.00 Reconstruct Runway 6-24 100% of Small Aircraft Less than 10 Seats 3890 by 75 - Without Pavement Removal Outside of Runway Description Unit Estimated Quantity Estimated Unit Price Total Estimate - Mobilization and Safety LS 1 $ 350,500.00 $ 350,500.00 Pavement Removal SYD 32,500 $ 5.30 $ 172,250.00 Excavation CYD 5,500 $ 5.50 $ 30,250.00 Backfill Removal Areas Beyond Pavement CYD $ 10.00 $ Base Course CYD 5,500 $ 30.00 $ 165,000.00 Bituminous Pavement Ton 8,300 $ 80.00 $ 664,000.00 Pavement Grooving SYD 32,500 $ 6.00 $ 195,000.00 Pavement Marking SFT 1 $ 20,000.00 $ 20,000.00 Runway Edge Lights EA 56 $ 800.00 $ 44,800.00 Lighting Cable & Conduit LFT 12,000 $ 30.00 $ 360,000.0D Relocate VASI LS 1 $ 100,000.00 $ 100,000.00 Topsoiling CYD - $ 15.00 $ - Seeding and Mulching ACRE - $ 2,800.00 $ - Contingency (15%) LS 1 $ 315,500.00 $ 315,500.00 Design/Construction Administration LS 1 $ 532,000.00 $ 532,000.00 Total Construction Estimate $ 2,949,300.00 Page 124 of 408 IlMEMMft WIN0.-- - Page 125 of 408 Page 127 of 408 Page 128 of 408 Page 129 of 408 Page 130 of 408 Page 131 of 408 =mann beftsgiginismagi Page 132 of 408 Page 133 of 408 I \ \ \ 1 MM 1...111.111 /, Page 135 of 408 2015-04-05 19.13.38 2015-04-05 19.09.15 2015-04 05 19.08.09 2015-04-135 19.06.58 r_,_, �.-. 2015-04-05 19.03.54 2015-04-05 19.00.41 2015-04-05 19.10.34 2015-04-05 19.09.07 2015-04-0519.08.04 2015-04-05 19.05.02 ti 2015-04-05 19.03.37 2015-04-0519.00.37 2015-04-05 19.10.23 2015-04-05 19.08.40 2015-04-0519.07.40 2015-04-05 19 04.52 2015-04-05 19.03.28 2015-04-05 18.59.56 2015-04-05 19.10.13 2015-04-05 19.08.32 2015-04-05 19.07.32 2015-04-0519.04.35 2015-04-05 19.01.01 2015-04-05 18.59.40 2015-04-05 19.09.46 2015-04-05 19.08.14 2015-04-05 19.07.07 2015-04-05 19.04.05 2015-04-05 19.00.54 2015-04-05 18.59,17 2015-04-05 18.59.04 2015-04-05 18.58.57 2015-04-0518.58.20 2015-04-05 18.58.14 2015-04-05 18.58.08 Page 136 of 408 2015-04-05 18.57.39 2015-04-05 18.56.15 2015-04-05 18.55.13 2015-04-05 18.51.05 2015-04-05 18.48.55 2015-04-05 18.44.43 2015-04-05 18.57.32 2015-04-05 18.56.11 HDR 2015-04-05 18.54.57 2015-04-05 18.51.01 2015-04-05 18.48.48 2015-04-05 18.44.38 2015-04-05 18.57.03 2015-04-05 18.56.10 2015-04-05 18.54.21 2015-04-05 18.49.42 2015-04-05 18.45.25 2015-04-05 18.44.29 2015-04-05 18.56.58 2015-04-05 18.55.45 2015-04-05 18.54.14 2015-04-0518.49.36 2015-04-05 18.45.20 HDR 2015-04-05 18.44.09 2015-04-05 18.56.20 2015-04-05 18.55.26 2015-04-05 18,51.06 HDR 2015-04-05 18.48.59 2015-04-05 18.45.20 2015-04-05 18.43.57 2015-04-05 18.43.46 2015-04-05 18.43.31 2015-04-05 18.43.21 2015-04-05 18.42.55 2015-04-05 18.42.43 Page 137 of 408 2015-04-05 18.41.16 2015-04-05 18.39.03 2015-04-05 18.37.57 2015-04-05 18.33.41 2015-04-05 18.30.52 2015-04-05 18.28.18 2015-04-05 18.41.02 2015-04-05 18.38.53 2015-04-05 18.37.47 2015-04-05 18.32.57 2015-04-05 18.30.38 2015-04-05 18.28.11 2015-04-05 18.40.37 ' 2015-04-05 18.38.42 2015-04-05 18.35.50 2015-04-05 18.31.32 2015-04-05 18.30.24 2015-04-05 18.28.05 2015-04-05 18.40.24 2015-04-05 18.38.17 2015-04-05 18 34.13 2015-04-05 18.31.17 2015-04-05 18.30.17 2015-04-05 18.27.59 HDR 2015-04-05 18.39.16 2015-04-05 18.38.07 2015-04-05 18.34.07 2015-04-05 18.31.04 2015-04-05 18.28.39 2015-04-05 18.27.59 2015-04-05 18.26.14 2015-04-05 18.26.06 2015-04-05 18.25.53 2015-04-05 18.25.40 2C1504-05 1825.3,1 Page 138 of 408 2015-04-05 18.24 28 2015-04-05 18.20.51 2015-04-05 18.18.04 2015-04-05 18.16.53 2015-04-05 18.15.09 2015-04-05 18.12.38 2015-04-05 18.24 16 2015-04-05 18.20.41 2015-04-05 18.17.45 2015-04-05 18.16.45 2015-04-05 18.14.58 2015-04-05 18.12.32 2015-04-05 18.24.05 2015-04-05 18.19.21 2015-04-05 18.17.38 2015-04-05 18.16.40 2015-04-05 18.13.54 2015-04-05 18.12.16 2015-04-05 18.23.53 2015-04-05 18.18.44 2015-04-05 18.17.18 2015-04-05 18.16.10 /�1l�111iL4M'�IIl11111�1\ 2015-04-05 18.13.21 2015-04-05 18.12.08 2015-04-05 18.23.44 2015-04-05 18.18.13 2015-04-05 18.17 12 2015-04-05 18.15.54 2015-04-05 18.13.12 2015-04-05 18.11.50 2015-04-05 18.11.38 2015-04-05 18.10.47 2015-04-05 18.09.23 2015-04-05 18.08.36 2015-04-05 18.08.30 Page 139 of 408 2015-04-05 18.08.18 2015-04-05 18.07.09 2015-04-05 18.05.56 2015-04-05 18.05.18 2015-04-05 18.03.48 2015-04-05 18.01.52 2015-04-05 18.07.57 2015-04-05 18.06.57 2015-04-05 18.05.41 HDR 2015-04-05 18.04.47 2015-04-05 18.03.28 2015-04-05 18.01.32 2015-04-05 18.07.38 2015-04-05 18.06.46 2015-04-05 18.05.40 2015-04-05 18.04.41 2015-04-05 18.03.15 2015-04-05 18.01.28 2015-04-05 18.07.24 2015-04-05 18.06.30 2015-04-05 18.05.32 2015-04-05 18.04.20 2015-04-05 18.02.50 2015-04-05 18.07.09 HDR 2015-04-05 18.06.10 2015-04-05 18.05.25 2015-04-05 18.04.07 2015-04-05 18.02.23 2015-04-05 18.01.20 2015-04-05 18.00.37 2015-04-05 18.00.28 Page 140 of 408 CITY OF WATERLOO Council Communication Resolution approving a Black Hawk County Gaming Association grant application for a trailer and supplies to be used by Waterloo Neighborhood Services for National Night Out, in the amount of $5,500. City Council Meeting: 1/21/2020 Prepared: 1/16/2020 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 1/16/2020 - 12:02 PM ATTACHMENTS: Description Type ❑ Grant Application Backup Material SUBJECT: Resolution approving a Black Hawk County Gaming Association grant application for a trailer and supplies to be used by Waterloo Neighborhood Services for National Night Out, in the amount of $5,500. Submitted by: Submitted By: Felicia Smith-Nalls, Neighborhood Services Coordinator Recommended Action: Approval. Summary Statement: We would like to provide a "party trailer" as a service to resident, positive outreach and a catalyst for bringing neighborhoods together. The "party trailer" consists of (1) 12 ft. by 6 ft. enclosed hitch trailer, (4) 72in. rectangle tables, (2) 10 ft, canopies, (40) folding chairs, (1) Wireless portable speaker, (1)Oversized Jenga, (1) Oversized Connect Four, (1) Oversized Checkers, (1) Igloo cooler, and garbage bags. Residents will be able to complete an application available online to reserve the trailer. The trailer will be wrapped in a vinyl graphic design that will feature the sponsors of the trailer in an eye catching design. The trailer will be housed, transported and maintained by the City of Waterloo. Page 141 of 408 Felicia Smith-Nalls Neighborhood Services National Night Out Neighborhood Association Fund Fall 2019 Neighborhood Services Mrs. Felicia Danniell Smith -Halls Mr. Rudy Jones felicia.smith@waterloo-ia.org 620 Mulberry Ave 0: 319-291-9145 Waterloo, IA 50702 M: 319-291-4429 Mrs. Felicia Danniell Smith-Nalls Mr. Rudy Jones 133 Alta Vista Avenue 620 Mulberry Avenue Waterloo, IA 50703 Printed On: 16 January 2020 Fall 2019 felicia.smith@waterloo-ia.org 0: 319-291-9145 M: 319-291-4429 Page 142 of 408 Felicia Smith-Nalls Neighborhood Services Application Form Letter of Intent (LOI) Information (data can not be edited) Project Title* National Night Out Neighborhood Association Fund County of Service Black Hawk Amount Requested Please enter the amount requested with only a decimal point, no other characters other than numbers. For example; enter Amount Requested as 1000.00 and not 1000 and not $1,000.00. $5,500.00 Total Project Budget* $11,000.00 Type of Request Capital Improvements Project Begin Date 08/03/2020 Project End Date 08/04/2020 Program Area* Other (if unsure) Goals and Objectives The Mission of Waterloo Neighborhood Services is to improve the quality of life in Waterloo by supporting and enabling neighborhood associations to initiate and maintain improvements in the city's neighborhoods through a proactive partnership of government commitment and civic responsibility. Our overall goal is to enable Waterloo's residents to continue making their neighborhoods better places to live. Goal #1- Improve the City's responsiveness to neighborhood concerns • Provide a central location where residents are confident their concerns will be hard and addressed. Printed On: 16 January 2020 Fall 2019 2 Page 143 of 408 Felicia Smith-Nalls Neighborhood Services • Maintain regular communication with regular communication with recognized neighborhoods to gain a better understanding of neighborhoods issues and potential resolutions. • Utilize a neighborhood problem/resolution forum to become aware of neighborhood issues and potential resolutions. • Produce a newsletter addressing neighborhood issues. • Convene action teams to serve as a proactive, problem solving team in addressing complex neighborhood issues • Work toward common goals with neighborhoods in conjunction with comprehensive city goals. • Request neighborhoods prioritize concerns so an intensive effort can be focused on issues most important to residents. • Track neighborhood concerns which involve the efforts of various city departments • Establish timelines to correspond with action tea solutions and maintain flexibility to adjust for circumstances that lead to alternate solutions Goal #2 Empower the Neighborhood Associations • Schedule education and training sessions quarterly to address issues pertinent to neighborhoods • When necessary, provide a link to other community resources available for neighborhoods • Discuss importance of goal setting and planning with neighborhood leaders • Be available to serve as facilitators to support neighborhoods who request assistance in establishing neighborhood goals and plans. Goal #3 Promote community participation and involvement • Establish and award for positive neighborhood initiatives. • Generate positive publicity. • Increase public awareness of neighborhood efforts. Neighborhood Associations are encouraged to meet regularly and hold events. Between the months of April and August, 13 neighborhoods partner with the City of Waterloo Sanitation Department to hold a weekend "spring Clean" where dumpsters are provided and residents are allowed to dump at a local site designate by the neighborhood. The first Tuesday of August in National Night Out. National Night Out is an annual community -building campaign that promotes police -community partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to live. National Night Out enhances the relationship between neighbors and law enforcement while bringing back a true sense of community. Furthermore, it provides a great opportunity to bring police, fire rescue and neighbors together under positive circumstances. We would like to encourage neighborhoods to hold more activities and service projects in the neighborhood but there is a lack of funding for the events. As most neighborhood associations are not 501(C)(3) organizations, they are not eligible to receive funding from most foundations. Neighborhood Services would like to ensure that there is funding available for neighborhoods to access for activities. Other Funding Sources Generally BHCGA prefers projects with matching funds raised or committed prior to submission of the grant application. We will be working with the Waterloo Neighborhood Coalition, which is the team comprised of representatives from each of the city neighborhood associations, sponsoring businesses and other granting organizations. Printed On: 16 January 2020 Fall 2019 Page 144 of 408 Felicia Smith-Nalls Neighborhood Services Project Timelines Neighborhood Clean-ups being late April and run through August. National Night Out is the first Tuesday of August. Request Detail I have read the Funding Guidelines and Procedures document* Funding Guidelines and Procedures Yes Project Description* We would like to provide a "party trailer" as a service to resident, positive outreach and a catalyst for bringing neighborhoods together. The "party trailer" consists of (1) 12 ft. by 6 ft. enclosed hitch trailer, (4) 72in. rectangle tables, (2) 10 ft, canopies, (40) folding chairs, (1) Wireless portable speaker, (1)Oversized Jenga, (1) Oversized Connect Four, (1) Oversized Checkers, (1) Igloo cooler, and garbage bags. Residents will be able to complete an application available online to reserve the trailer. The trailer will be wrapped in a vinyl graphic design that will feature the sponsors of the trailer in an eye catching design. The trailer will be housed, transported and maintained by the City of Waterloo. Nature of Service Offered* Describe the nature of the service to be offered and the activities which will be conducted to carry out the project or program. The Neighborhood Services Party Trailer will be provided on a first come first serve basis by application to the Neighborhood Services Office. The trailer will be available for neighborhood associations and community groups to reserve for events free of charge. The trailer will be delivered by a City team member on the night before the scheduled event and picked up the following day. Before using the Block Party Trailer, all groups will be required to read and sign a waiver, accepting responsibility for the trailer during their event. A City team member will deliver the trailer and provide an orientation to the equipment inside on the Friday before the event. The group hosting the neighborhood event will be responsible for identifying an appropriate place for the trailer to be parked. Problem Addressed* State problem addressed by the project or program and describe the need for service. Building community is a challenge facing people throughout the country. Opportunities for neighbors to interact and get to know one another are becoming few and far between. It is getting more and more common that we don't know the person who lives right next door to us and don't even start about the people in the new house down the road. We have confused privacy for isolation. We have removed that sense of community and replaced it with a fear of the "new". The block party trailer makes it easier for neighborhoods to hold events to bring neighbors together. It is these gathering that not only strengthen the relationships with neighbors but also makes our neighborhoods and thus our city safer. Barriers to neighborhoods One of greatest barriers for neighborhood planning is access to funding and resources. All of our recognized neighborhood associations are created and run by volunteer residents. Neighborhood Printed On: 16 January 2020 Fall 2019 Page 145 of 408 Felicia Smith-Nalls Neighborhood Services associations and not 501(c)(3) organizations. Fundraising is a challenge for 70% of our active associations. Last year there were several neighborhoods that wanted to participate in National Night Out but they were unable to gather funds to rent tables, chairs and activities. The party trailer is a perfect response to this. Outreach There is also a sense of disconnect between the city and the neighborhoods. The trailer is a great incentive to non recognized neighborhoods to officially join the roster of registered and recognized neighborhood associations. The trailer is a form of outreach for the City of Waterloo. When there are new programs and policy changes, the trailer will have that information inside of it. This will also keep the office connected with what is happening in the neighborhoods. The visual of the trailer park around town will speak volumes. Seeing that the city is involved in neighborhoods and community groups are sponsoring the efforts will show the community that the city and other sponsors care. Number of People Served 5000 Project Evaluation* Describe how you will evaluate the success of the project or program. Neighborhood Services believes that the success of the program will be reflected by: * 70% of recognized neighborhood association request the trailer. * 5 community nonprofits request the trailer community events. * 2 new associations recruited and recognized through the City of Waterloo. * 20% increase in inquiries about neighborhood services and other city resources Future Sources of Revenue Grant applications should demonstrate the sustainability of the proposed project without additional long-term financial commitment from Black Hawk County Gaming Association. If the project is ongoing, describe future sources of revenue to support the long term success of the project. The City of Waterloo Neighborhood Services will maintain the trailer and its contents. Budget and Financial Information Income Statement or Statement of Cash Flow *Required for non-profit organizations Most Current Balance Sheet *Required for non-profit organizations Budget Performance Report 12_05_2019 4_46_23 PM_Angie Fordyce_3TDOAJVO.pdf Printed On: 16 January 2020 Fall 2019 Page 146 of 408 Felicia Smith-Nalls Neighborhood Services Project or Program Budget Expenses must be listed in full detail. The budget should include other sources of funding for this project or program. (Generally BHCGA prefers projects with matching funds raised or committed prior to submission of the grant application). Neighborhood Services Party Trailer costs.docx Additional Organization Information Recognition Describe what type of recognition will be given to BHCGA and the Isle Casino & Hotel at Waterloo. If you have a document regarding this, please upload below. The trailer will have a vinyl wrap on both 6 x 12 sides and the 6 x 6 back of the enclosed trailer. BHCGA and the Isle Casinno and Hotel at Waterloo will be prominently featured on in the design for all sides BHCGA and the Isle Casino and Hotel at Waterloo will be recognized in all media coverage of the trailer and promotion of National Night Out BHCGA and the Isle Casino and Hotel at Waterloo will be recognized by Neighborhood Services during public hearing at a Waterloo City Council Meeting BHCGA and the Isle Casino and Hotel at Waterloo will be recognized at the Community Development Board Meeting BHCGA and the Isle Casino and Hotel at Waterloo will be recognized on the City of Waterloo and Neighborhood Services Facebook pages The trailer will be at various community events and festivals Recognition Document p artytrailerexamples.p df Mission Statement* The Mission of Waterloo Neighborhood Services is to improve the quality of life in Waterloo by supporting and enabling neighborhood associations to initiate and maintain improvements in the city's neighborhoods through a proactive partnership of government commitment and civic responsibility. Our overall goal is to enable Waterloo's residents to continue making their neighborhoods better place to live Goal #1 - Improve the City's responsiveness to neighborhood concerns Goal #2 - Empower neighborhood associations Goal #3 - Promote community participation and involvement Additional Documentation Supporting this Application Description of services provided by the organization. Neighborhood Services provides supports and resources for the recognized neighborhood associations in the City of Waterloo. We hold 4 mini conferences for the neighborhood leadership teams to get information about new city projects and resources available to residents. Neighborhood Services has a presence on several service organization boards and collaborative teams that are designed to provide services and resources to under served and under represented populations in the city. Printed On: 16 January 2020 Fall 2019 Page 147 of 408 Felicia Smith-Nalls Neighborhood Services Board of Directors* Attach a list of the organization's governing board. Indicate the officers. BOARD MEMBER LIST.doc updated 2019.doc Denial Comments If this request for funding is denied by Black Hawk County Gaming Association, the reason will be listed here. INTERNAL USE ONLY Grant Number starting with 01 at the beginning of the new fiscal year, number submitted requests/LOI's consecutively. 20 Printed On: 16 January 2020 Fall 2019 7 Page 148 of 408 Felicia Smith-Nalls Neighborhood Services File Attachment Summary Applicant File Uploads • Budget Performance Report 12_05_2019 4_46_23 PM_Angie Fordyce_3TDOAJVO.pdf • Neighborhood Services Party Trailer costs.docx • partytrailerexamples.pdf • BOARD MEMBER LIST.doc updated 2019.doc Printed On: 16 January 2020 Fall 2019 8 Page 149 of 408 Account Account Description Budget Performance Report Date Range 07/01/19 - 06/30/20 Include Rollup Account and Rollup to Account Adopted Budget Amended Current Month YTD YTD Budget - YTD % Used/ Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Fund 224 - Community Develop Block Grant REVENUE Department 32 - Community Development Activity 6800 - Neighborhood Services 3350 Federal Grant Activity 6800 - Neighborhood Services Totals Department 32 - Community Development Totals REVENUE TOTALS 85,000.00 .00 85,000.00 .00 .00 39,468.08 45,531.92 46 $85,000.00 $0.00 $85,000.00 $0.00 $0.00 $39,468.08 $45,531.92 46% $85,000.00 $0.00 $85,000.00 $0.00 $0.00 $39,468.08 $45,531.92 46% $85,000.00 $0.00 $85,000.00 $0.00 $0.00 $39,468.08 $45,531.92 46% EXPENSE Department 32 - Community Development Activity 6800 - Neighborhood Services 1111 Salaries - Regular 51,958.00 .00 51,958.00 .00 .00 24,171.21 27,786.79 47 1121 FICA - City Contribution 3,975.00 .00 3,975.00 .00 .00 1,771.60 2,203.40 45 1122 IPERS - City Contribution 4,905.00 .00 4,905.00 .00 .00 2,281.80 2,623.20 47 1123 Life & Disability Insurance 319.00 .00 319.00 .00 .00 137.00 182.00 43 1131 Health Insurance 17,580.00 .00 17,580.00 .00 .00 7,150.00 10,430.00 41 1343 Postage & Mailing Expense 250.00 .00 250.00 .00 .00 .00 250.00 0 1346 Travel - Professional Training 2,600.00 .00 2,600.00 .00 .00 .00 2,600.00 0 1351 Advertising Expense 500.00 .00 500.00 .00 .00 .00 500.00 0 1353 Printing Services 1,000.00 .00 1,000.00 .00 .00 .00 1,000.00 0 1391 Dues & Memberships 100.00 .00 100.00 .00 .00 .00 100.00 0 1533 Fuel Expense 100.00 .00 100.00 .00 .00 .00 100.00 0 1561 Office Supplies & Minor Equipment 1,713.00 .00 1,713.00 .00 .00 292.46 1,420.54 17 Activity 6800 - Neighborhood Services Totals $85,000.00 $0.00 $85,000.00 $0.00 $0.00 $35,804.07 $49,195.93 42% Department 32 - Community Development Totals $85,000.00 $0.00 $85,000.00 $0.00 $0.00 $35,804.07 $49,195.93 42% EXPENSE TOTALS $85,000.00 $0.00 $85,000.00 $0.00 $0.00 $35,804.07 $49,195.93 42% Fund 224 - Community Develop Block Grant Totals REVENUE TOTALS EXPENSE TOTALS Fund 224 - Community Develop Block Grant Totals Grand Totals REVENUE TOTALS EXPENSE TOTALS Grand Totals 85,000.00 .00 85,000.00 .00 .00 39,468.08 45,531.92 46% 85,000.00 .00 85,000.00 .00 .00 35,804.07 49,195.93 42% $0.00 $0.00 $0.00 $0.00 $0.00 $3,664.01 ($3,664.01) 85,000.00 .00 85,000.00 .00 .00 39,468.08 45,531.92 46% 85,000.00 .00 85,000.00 .00 .00 35,804.07 49,195.93 42% $0.00 $0.00 $0.00 $0.00 $0.00 $3,664.01 ($3,664.01) Run by Angie Fordyce on 12/05/2019 04:43:11 PM Page 150 of 408 Page 1 of 1 Neighborhood Services Party Trailer Graphic Design and wrap $1000.00 1 $1000.00 Work Smart 72-in x 3-in Rectangle Resin - Gray Folding Table $82.00 4 $328.00 Z-Shade 10 ft L Square Blue Pop-up Canopy $110.00 2 $220.00 Cosco Indoor Black Metal Solid Standard Folding Chair $11.50 40 $460.00 beFree Sound 10Speaker 2000-Watt Portable Speaker $125.00 1 $125.00 Carry -On Trailer 6ft x 12-ft Enclosed Trailer $4299.00 1 $4299.00 Maintenance $100 per quarter for 2 years $100.00 8 $800.00 Construction materials to modify interior of trailer $300.00 1 300.00 Cornhole / Bags $80.00 1 $80.00 Oversized Jenga $75.00 1 $75.00 Oversized Connect Four $150.00 1 $150.00 Oversized Checkers $50.00 1 $50.00 National Night Out Supplies $100 15 $3000.00 $200 for 15 neighborhood associations to spend for NNO Garbage Bags $50.00 1 $50.00 Igloo Cooler $50.00 1 $50.00 Income BHCGA $6000.00 Private business sponsorship $2000.00 Other granting organizations $4000.00 $10997.00 $11000.00 Page 151 of 408 I iTC PfSCODANT R41V BUILOIN:G MI8LOCKS building COMmunitY one block e' ""'"ti Examples of various City block party trailers Street 'n' Greet Block Party Trailer STRONGER NEIGHBORHOODS STRONGER AMES ittiras R39-5350 AhE€ ■,4C , , rx 1LkTI KIGH&FAH0,00s r ' 4 Page 152 of 408 COMMUNITY DEVELOPMENT BOARD CARNEGIE ANNEX, SUITE 202 620 MULBERRY STREET WATERLOO, IOWA 50703 (319) 291-4429 BOARD MEMBERS Felicia Carter Cell 319-464-4444 2300 Spring View Street work 319-232-6081 Waterloo, Iowa 50703 frcarter8106@gmail.com Cody Leistikow Cell 319-231-1468 810 Baltimore Street Waterloo, IA 50702 leistikow@live.com Angela Weekley Cell 319-504-3748 236 Sherman Ave Work 319-236-5619 Waterloo, Iowa 50703 angeleamw@veridiancu.org John Chiles Cell 757-759-2284 300 Hawthorne Ave Waterloo, IA 50701 chilesdjd@gmail.com Cam Campbell Home 319-888-1440 2837 East 4th Street Cell 319-296-6020 Waterloo, Iowa 50703 Work 641-430-9734 camarion.turner@gmail.com Page 153 of 408 ADMINISTRATIVE STAFF: Business Phone: (319) 291-4429 Fax: (319) 291-4431 Community Development Rudy D. Jones Community Development Director Angie Fordyce Community Development Coordinator Anita Rousselow Administrative Secretary Rehabilitation Department Jon Martin Rehabilitation/Relocation Specialist Matt Chesmore Senior Rehabilitation/Relocation Specialist Kelly Martin Rehabilitation/Relocation Specialist Neighborhood Services Felicia Smith Neighborhood Services Coordinator City Council Liaison Jerome Amos Jonathan Grieder Revised 12-9-19 J:\ANN-N\BOARD\Board Info\BOARD MEMBER LIST.doc Page 154 of 408 CITY OF WATERLOO Council Communication Resolution approving a one month Lease Agreement with The Bowlers Group II, of Waterloo, Iowa, in the amount of $1, for the use of a parking lot owned by the City of Waterloo, located south of 650 La Porte Road, and authorizing the Mayor and City Clerk to execute said agreement. City Council Meeting: 1/21/2020 Prepared: 1/13/2020 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ lease Agreement ❑ Map of Lease area SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Backup Material Backup Material Date 1/14/2020 - 11:49 AM 1/15/2020 - 9:26 AM Resolution approving a one month Lease Agreement with The Bowlers Group II, of Waterloo, Iowa, in the amount of $1, for the use of a parking lot owned by the City of Waterloo, located south of 650 La Porte Road, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning and Development Director Approval The City of Waterloo recently purchased this parking lot for development purposes from the Bowlers Group. They will be hosting bowling tournaments throughout the month of February and would like to lease the property for parking. The company will be responsible for all snow removal during the lease time. None. N/A Property Management That part of the Southwest'/4 of the Northeast'/a of Section 36, Township 89 North, Range 13 West of the 5 P.M., Black Hawk County, Iowa, bounded as follows: Beginning at a point in line 739.8 feet North of and parallel with the South line of the Northeast'/ of said Section, which point is 215.7 feet West of the East line of the Southwest'/4 of the Northeast'/4 of said Section; thence West along said parallel line, 149.6 feet; thence South along a line parallel with the East line of the Southwest'/4 of the Northeast'/4 of said Section, to its Page 155 of 408 Legal Descriptions: intersection with a line 634.89 feet North of and parallel with the South line of the Northeast'/4 of said Section; thence East along said last described parallel line, 149.6 feet, to a point 215.7 feet West of the East line of the Southwest'/4 of the Northeast'/4 of said Section; thence North to the point of beginning. AND All that part of the East% of the Southwest'/4 of the Northeast'/4 of Section 36, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, lying North of a line 739.8 feet North of and parallel with the South line of said Southwest'/4 of the Northeast'/4 of Section 36, except the West 3 00 feet thereof, except the East 100 feet thereof and except the North 419 feet thereof. Page 156 of 408 THE IOWA STATE BAR ASSOCIATION Official Form No. 165THIS 3Yn rsen Martin M. PetersenR THE LEGAL EFFECT OF THE USE OF FORM, CONSULT YOUR LAWYER t t`ft • tl�r I ® ( srC�CYIA9i�, City TT, W LEASE a THIS LEASE, made of Waterloo, Iowa - BUSINESS PROPERTY --SHORT FORM and entered into this day of 20 , by and between , ("Landlord"), whose address Waterloo, Iowa 50703 for the purpose of this lease is: 715 Mulberry Street, and The Bowlers Group II; L.L.C. ("Tenant"), whose address for the 50701 purpose of this Lease is: 2508 University Avenue, Waterloo, Iowa follows: TERM. Landlord leases to Tenant the following real estate, situated in Iowa: Exhibit "A". thereon, and all rights, easements and appurtenances thereto belonging, February 1, 2020 , and ending one February 29, 2020 , The parties agree as 1. PREMISES AND Black Hawk County, together fora term upon the commencing thedeamatIlai&diaaaecifiteroffazarwattiatmortershatkimptardeckaszosIrlitiamalneatxTerlarttsigaltaluox designate shall yield TO GIVE ABATEMENT See attached with all improvements beginning ontlec condition that Tenant 2. RENT. Tenant agrees onAtaer February performs as provided in this lease. to pay Landlord as rent $ 1.00 per month, in advance as Landlord may annum. day of the lease term, and BE UNABLE BE A PRO RATA 1, 2020 pancimaxthecxxxxdayzefcearchurraritixibetiaaftumsbaiiing All sums shall be paid in writing. Delinquent 3. POSSESSION. Tenant possession to Landlord POSSESSION ON OF RENT. 4. USE. Tenant shall at the address of Landlord, or at such other place payments shall draw interest at 5 % per shall be entitled to possession on the first at the termination of this lease. SHOULD LANDLORD SAID DATE, TENANT'S ONLY DAMAGES SHALL use the premises only for parking lot 5. CARE AND MAINTENANCE. (a) Tenant takes the premises as is, except as herein provided. (b) Landlord shall keep the following in good repair: (strike inapplicable words) (ronf4x(exterior aMati sewar*J)o(ttaa g)x(ai Eiag) z irdit emirsgpiB p( inclovosc iimsb 4sialt w gt (parking area) (driveways) (sidewalks) ( terior:denet is ir>sti dsourating) Landlord shall not be liable for failure to make any repairs or replacements unless Landlord fails to do so within a reasonable time after written notice from Tenant. (c) Tenant shall maintain the premises in a reasonable safe, serviceable, clean and presentable condition, and except for the repairs and replacements provided to be made by Landlord in subparagraph (b) above, shall make all repairs, replacements and improvements to the premises, INCLUDING ALL CHANGES, ALTERATIONS OR ADDITIONS ORDERED BY ANY LAWFULLY CONSTITUTED GOVERNMENT AUTHORITY DIRECTLY RELATED TO TENANTS USE OF THE PREMISES. Tenant shall make no structural changes or alterations without the prior written consent of Landlord. Unless © The Iowa State Bar Association 2008 165 LEASE - BUSINESS PROPERTY - SHORT FORM IOWADOCS® Revised September 2008 Page 157 of 408 otherwise provided, and if the premises include the ground floor, Tenant agrees to remove all snow and ice and other obstructions from the sidewalk on or abutting the premises. 6. UTILITIES AND SERVICES. Tenant shall pay for all utilities and services which may be used on the premises, except the following to be furnished by Landlord: Landlord shall not be liable for damages for failure to perform as herein provided, or for any stoppage for needed repairs or for improvements or arising from causes beyond the control of Landlord, provided Landlord uses reasonable diligence to resume such services. 7. SURRENDER. Upon the termination of this lease, Tenant will surrender the premises to Landlord in good and clean condition, except for ordinary wear and tear or damage without fault or liability of Tenant. Continued possession, beyond the term of this Lease and the acceptance of rent by Landlord shall constitute a month -to -month extension of this lease. 8. ASSIGNMENT AND SUBLETTING. No assignment or subletting, either voluntary or by operation of law, shall be effective without the prior written consent of Landlord, which consent shall not unreasonably be withheld. 9. INSURANCE. A. PROPERTY INSURANCE. Landlord and Tenant agree to insure their respective real and personal property for the full insurable value. Such insurance shall cover losses included in the special form causes of loss (formerly all risks coverage). To the extent permitted by their policies the Landlord and Tenant waive all rights of recovery against each other. B. LIABILITY INSURANCE. Tenant shall obtain commercial general liability insurance in the amounts of $ 1,000,000.00 each occurrence and $ 2,000,000.00 annual aggregate per location. This policy shall be endorsed to include the Landlord as an additional insured. 10. LIABILITY FOR DAMAGE. Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy. 11. INDEMNITY Except for any negligence of Landlord, Tenant will protect, defend, and indemnify Landlord from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury or damage to any person or property, happening or done in, upon or about the premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by Tenant or any person claiming through or under Tenant. 12. DAMAGE. In the event of damage to the premises, so that Tenant is unable to conduct business on the premises, this lease may be terminated at the option of either party. Such termination shall be effected by notice of one party to the other within 7 days after such notice; and both parties shall thereafter be released from all future obligations hereunder. 13. MECHANICS' LIENS. Neither Tenant, nor anyone claiming by, through, or under Tenant, shall have the right to file any mechanic's lien against the premises. Tenant shall give notice in advance to all contractors and subcontractors who may furnish, or agree to furnish, any material, service or labor for any improvement on the premises. 14. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. EVENTS OF DEFAULT A. Each of the following shall constitute an event of default by Tenant: (1) Failure to pay rent when due; (2) failure to observe or perform any duties, obligations, agreements, or conditions imposed on Tenant pursuant to the terms of the lease; (3) abandonment of the premises. "Abandonment" means the Tenant has failed to engage in its usual and customary business activities on the premises for more than fifteen (15) consecutive business days; (4) institution of voluntary bankruptcy proceedings by Tenant; institution of involuntary bankruptcy proceedings in which the Tenant thereafter is adjudged a bankruptcy; assignment for the benefit of creditors of the interest of Tenant under this lease agreement; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after the appointment of the receiver. (2) Page 158 of 408 NOTICE OF DEFAULT B. Landlord shall give Tenant a written notice specifying the default and giving the Tenant ten (10) days in which to correct the default. If there is a default (other than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent efforts of the Tenant, Tenant shall propose an additional period of time in which to remedy the default. Consent to additional time shall not be unreasonably withheld by Landlord. Landlord shall not be required to give Tenant any more than three notices for the same default within any 365 day period. REMEDIES C. In the event Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity, including but not limited to the following: (1) Termination. Landlord may declare this lease to be terminated and shall give Tenant a written notice of such termination. In the event of termination of this lease, Landlord shall be entitled to prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the term herein provided, plus all expenses of Landlord in regaining possession of the premises and the reletting thereof, including attorney's fees and court costs, crediting against such claim, however, any amount obtained by reason of such reletting; (2) Forfeiture. If a default is not remedied in a timely manner, Landlord may then declare this lease to be forfeited and shall give Tenant a written notice of such forfeiture, and may, at the time, give Tenant the notice to quit provided for in Chapter 648 of the Code of Iowa. 1fx)SIONSocandlonlli lzastcxxxxxxiaaease9shathbarnothexig fo> anctbwraranisescnitkerwbottveKT-)apReat'keeiftrvaatebtsigocTersafttxtvittpennapwaspectiwtanantwzor tsi:seterustentatimeps. 16. NOTICES AND DEMANDS. All notices shall be given to the parties hereto at the addresses designated unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such notice shall be considered given under the terms of this lease when it is deposited in the U.S. Mail, registered or certified, properly addressed, return receipt requested, and postage prepaid. 17. PROVISIONS BINDING. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto. 18. CERTIFICATION. Tenant certifies that it is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and it is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to any breach of the foregoing certification. 19. ADDITIONAL PROVISIONS. Tenant must remove snow at it's expense during and one week before the term of this Lease. CITY OF WATERLOO, IOWA THE BOWLERS GROUP II, L.L.C. By: By: LANDLORD TENANT (3) Page 159 of 408 EXHIBIT "A" That part of the Southwest 'A of the Northeast'/a of Section 36, Township 89 North, Range 13 West of the 5 P.M., Black Hawk County, Iowa, bounded as follows: Beginning at a point in line 739.8 feet North of and parallel with the South line of the Northeast '/4 of said Section, which point is 215.7 feet West of the East line of the Southwest Y4 of the Northeast'/4 of said Section; thence West along said parallel line, 149.6 feet; thence South along a line parallel with the East line of the Southwest 'A of the Northeast'/4 of said Section, to its intersection with a line 634.89 feet North of and parallel with the South line of the Northeast'/4 of said Section; thence East along said last described parallel line, 149.6 feet, to a point 215.7 feet West of the East line of the Southwest 'A of the Northeast Yet of said Section; thence North to the point of beginning. AND All that part of the East'/2 of the Southwest 1/4 of the Northeast Vs of Section 36, Township 89 North, Range 13 West of the 5' P.M., Black Hawk County, Iowa, lying North of a line 739.8 feet North of and parallel with the South line of said Southwest'/4 of the Northeast'/ of Section 36, except the West 300 feet thereof, except the East 100 feet thereof and except the North 419 feet thereof. Page 160 of 408 Cit11 of Waterloo, Iowa N W-4>E S Page 161 of 408 CITY OF WATERLOO Council Communication Resolution approving the FY 2020 Economic Development Grant Agreement with GROW Cedar Valley, in the amount of $28,500, with $56,500 in potential incentive funds, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 1/21/2020 Prepared: 1/10/2020 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Contract SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Miller, Adrienne Schroeder, Aric Even, LeAnn Action Rejected Approved Approved Approved Type Backup Material Date 1/14/2020 - 1:36 PM 1/14/2020 - 3:12 PM 1/15/2020 - 10:01 AM 1/15/2020 - 10:04 AM Resolution approving the FY 2020 Economic Development Grant Agreement with GROW Cedar Valley, in the amount of $28,500, with $56,500 in potential incentive funds, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve resolution Council has previously approved similar agreements with Greater Cedar Valley Affiance, at different amounts over the years since about 1996. This agreement is primarily the same as last year's, changing quarterly reports to semi-annual reports. The reporting activities for Greater Cedar Valley Alliance will still be presented to City Council. The Greater Cedar Valley Alliance serves as the State of Iowa's single point of contact for larger project leads, and then works with city officials and staff for work to try and bring such projects here. This partnership has helped to bring such companies as Ferguson Enterprises, Con Agra Foods (and two expansions), and helped other local industries expand like Deere and Company, Hydrite Chemical, A -Line, Advanced Heat Treat, CPM Roskamp, HQAA, Crystal Distribution, Tyson Foods, and others receive applicable State incentives for job creation and expansion/new construction. This grant agreement would continue that relationship, to continue the City Council's main priority of economic development to the community through the provision of jobs, infrastructure, businesses, etc. Note — this agreement is for this current fiscal year of 2020. The agreement calls for a payment of $28,500 — in two payments of $14,250 at December Page 162 of 408 and June — for the following work efforts: - Business expansion and recruitment - Encouraging startup of businesses - Workforce recruitment and coordination - Advocacy in Des Moines and Washington DC - Improving the "Brand" through marketing, promotions, web presence, and attendance at major conferences There is also a potential $56,500 in additional incentives for work towards - acres of new development - amounts of taxable value - new full times jobs created All documented through a report and potential presentation to city and at end of agreement period. Expenditure Required: $28,500 plus up to $56,500 in potential additional expense Source of Funds: Bond and TIF funds Policy Issue: Economic Development Alternative: NA Background Information: The City of Waterloo has had a partnership for economic development efforts with Greater Cedar Valley Affiance in one form or another since about 1996. This partnership has worked to create many projects throughout the Waterloo community, and has helped in the marketing of area and reinvestment by existing businesses as well. It has also given the City the ability to connect better with many of its private industry leaders as the City moves ahead. Page 163 of 408 FY2020 ECONOMIC DEVELOPMENT GRANT PROFESSIONAL SERVICE AGREEMENT WITH GROW CEDAR VALLEY This Agreement is entered into as of , 2020, by and between Grow Cedar Valley ("GCV"), and the City of Waterloo, Iowa ("City"). WHEREAS, the GCV provides technical and professional service to elevate the economic vitality of our businesses and communities in the Cedar Valley and whereby GCV has and will continue to engage in economic development activity to directly benefit the City of Waterloo; and WHEREAS, through the adoption of the FY2020 budget, the City Council of City has agreed in principle to provide certain funding for said project on certain terms and conditions, including execution of a formal agreement outlining the duties and responsibilities of GCV and the City; and WHEREAS, GCV and City have reached agreement on the precise terms and conditions under which these services will be undertaken and the funding provided, and now desire to reduce their agreement to writing. NOW, THEREFORE, in consideration of the mutual covenants exchanged herein, the parties agree as follows: . 1. Recipient Status. GCV affirms that it is a private, non-profit corporation organized and existing under Iowa law. GCV shall provide proof of tax-exempt status under the Internal Revenue Service Revenue Code prior to receiving funding. GCV has also provided City with a copy of its mission statement and a detailed summary from an officer or board member that specifies GCV's use of the funds, consistent with the concept of "public purpose" as described in Iowa Code § 15A.1(2), (5) or otherwise by addendum to this Agreement. 2. Recipient Documentation. Prior to receiving funding, GCV shall provide the following documentation to City: a. Proof of business entity status, including a copy of by-laws and articles of incorporation if applicable; b. Complete information on the source and amount of funding received from all other sources, including but not limited to non-govemmental agencies, membership dues and fees, and private contributions; c. Names and addresses of directors and /or officers; d. Line item budget for current fiscal year; e. List of any additional pending applications for funding to include funding source and dollar amount requested. Page 164 of 408 3. Description of Project, In consideration for the funding provided to GCV by the City, GCV shall represent and advocate for the interests of business, industry and institutions operating in the City of Waterloo. Failure to abide by this requirement shall result in a return of funds pursuant to Paragraph 9 of this Agreement. GCV agrees to undertake and complete in the Cedar Valley project (the "Project"), to engage in the following economic development activities: a. Business expansion and recruitment. 1. Execute business recruitment initiatives that will help Waterloo to compete in the site selection process by highlighting location differentials with an emphasis on Waterloo's robust infrastructure. 2. Execute initiatives relevant to the recruitment of the area's targeted industries: information solutions, advanced manufacturing, renewable energy/biotechnology, financial services, data centers, 3D printing and logistics; 3, Continue to lead initiatives to promote tenants to the TechWorks Campus T1 Building and industrial outlets. Including representing the City -owned industrial parks. 4. Identify and manage expansion and recruitment projects with the intent is to encourage new developments; 5. Prepare and be an advocate for funding businesses who wish to access state incentive programs; b. Maintain and provide economic data for the use of existing businesses and site selectors considering the area. b. Encouraging targeted business expansion in the Cedar Valley through providing staff support. In addition, partnering with Advance Iowa and Institute for Decision Making at the University of Northern Iowa; Center for Industrial Research and Services and Iowa State University; and the Iowa Economic Development Authority to retain and support existing businesses, c. Industry Insights — Regional existing business surveying of primary businesses focused on high value/high growth that are at risk or have opportunity to grow in Waterloo. d. Live the Valley- Workforce Recruitment and Development. GCV will execute programming to recruit and retain talent in Waterloo including continued advocacy of diversity and inclusion initiatives that will connect hiring businesses with the workforce. e. Government Relations -Advocate for the following: 1. Tax Reform: Corporate and personal income tax reductions, continue to advocate for fair and equitable property tax system, maintain TIF as an economic development tool, and support legislation that would allow cities and counties to self -fund general obligation bond debt. 2. Workforce and Education: Education, recruitment and retention of workers; support community attraction and quality of life programs as a workforce attraction and retention tool, support funding to expand the Job Training and Iowa Apprenticeship programs, increased funding for UNI, continue to emphasize STEM skills, evaluate immigration & diversity policies to increase the number of workers, and advocate for standards and accountability in our pre-K-12 education system. 2 Page 165 of 408 3, Economic Development: Support current funding for IEDA incentives, strengthen opportunities for entrepreneurs, and explore and establish economic development programs that attract quality jobs and foster innovation. 4. Infrastructure, Transportation, and Communications: Expand Broadband/Connect Every Iowan program, explore new or alternative methods for funding transportation infrastructure construction and repair, explore a special state fund for sanitary system and water quality control, and support the continuation of air service subsidies. f. Improving the 'Brand". 1. A continuing priority is to communicate a brand message that positions Waterloo and the the Cedar Valley as an economy driven by technology and innovation led businesses, as well as a superior Midwest quality of life. 4. Funding. The City agrees to provide funding in an amount not in excess of $85,000 in order to support implementation of the Project, upon Request for Payment as provided in Paragraph 7, and upon receipt of the Accounting required in Paragraph 5, as follows: a. An amount not to exceed $28,500 to be paid in two separate payments of $14,250 each by January 31, 2020, and on or before June 30, 2020; and b. An amount not in excess of $56,500 in potential incentive funds, if earned, as follows: 1) $1,000 per acre of new development in an area of Waterloo officially designated by City during the term of this Agreement as an urban renewal area, TIF district, or other area in which City is willing by written contract to provide development incentives for a specific transaction (each of such areas is a "Development Area"), provided that each acre must contain 10,000 sq. ft. of building structure on average, and/or 2) $1,000 per $250,000 of new taxable value added to a Development Area, and/or 3) $2,500 per new and/or retained FTE jobs created in a Development Area, provided the jobs have an hourly starting wage of at least $15.94 for FY20, and/or GCV will provide the following information in writing to the City on a semiannual basis to show all efforts made to promote Waterloo, broken down into categories for (a) companies solicited by GCV to locate in a Development Area, (b) companies GCV contacted to expand operations in a Development Area, and (c) inquiries received by GCV from companies for marketing materials or about available sites or buildings: number of initial calls, contacts, leads, prospects, conferences attended to present marketing about Waterloo, databases organized and/or posted on websites for providing relevant information about Waterloo, other efforts made to network, form relationships and/or subscribe to services, and material responses to requests 4) 3 Page 166 of 408 for information. Based on the documentation submitted by GCV, the City, at its sole discretion, can evaluate the semiannual performance of GCV and may provide Semiannual Performance Payments up to $5,000 to GCV, with a total maximum not to exceed to $20,000. Semiannual means the periods June through November 2019; December through May 2020, in order to allow program evaluation and payment to occur on or before June 30, 2020. The incentive payments identified in Paragraph 4.b will be provided only if GCV can establish a causal relationship between its activities and the economic development for which it proposes to be paid the incentive funds. The incentive payments, if earned, shall be paid on or before June 30, 2020, subject to Paragraph 7 below. Actual expenditures may exceed the amount budgeted for each major line item provided such costs are otherwise reasonable and allocable to the approved project scope of work. Total expenditures may not exceed the total funding amount authorized in this Paragraph. 5. Documentation Regarding Accounting of Expenditure of City Funds. Grow Cedar Valley shall provide the City with a detailed accounting of the expenditure of City funds and a written report outlining the GCV's performance and accomplishments within the scope of work outlined in its application, upon submitting Requests for Payment pursuant to Paragraph 7. 6. Salaries. A portion of the City's grant, as outlined in Paragraph 4, may provide funding for a portion of the salaries and employee benefits. City payment of a portion of the program's salary and benefit expenses shall not make the City responsible or liable for any employee. All employment -related claims of any type or nature whatsoever that are made by a GCV employee or against a GCV employee by others will be the sole responsibility of GCV. 7. Request for Payment. All requests for payment or reimbursement shall be submitted by GCV to City on a semi-annual basis, specifically, no later than January 31, 2020, and June 1, 2020. All payments or reimbursements are contingent upon receipt of the documentation required in Paragraph 5 above, and upon receipt of the Report on Project Results required in Paragraph 8. City shall have a period of up to thirty (30) days from date of receipt of each request for payment and all necessary documentation, within which to make payment or reimbursement under the Agreement. 8. Report on Project Results. GCV agrees to provide the City with a written summary documenting the results of the Project on a semi-annual basis, specifically no later than December 1, 2019, and June 1, 2020. Such report shall include without limitation: a. Details of external marketing efforts, including, but not limited to: the number of initial calls, contacts, leads, prospects and material responses to request for information; b. The number of acres of new development in all Development Areas, grouped by Development Area (each acre must contain 10,000 sq. ft. of building structure on average) as applicable to GCV's project involvement; 4 Page 167 of 408 c. The number of new FTE jobs created in all Development Areas, grouped by Development Area (each FTE job must have an hourly starting wage of at least $15,94) as applicable to GCV's project involvement. 9. Return of Funds. In the event GCV does not use funds for the intended purpose(s) or in the event GCV does not comply with the reporting requirements of Paragraph 8 above, the funds or any portion thereof shall be returned to the City prior to the end of the current fiscal year, which is June 30, 2020, 10. Time Limitation of Funding. The parties hereby acknowledge that the City is not committed or obligated to provide funds beyond the terms and conditions of this Agreement, and that any future project or program requires a separate request and is subject to City Council approval and execution of a separate written agreement. However, this Agreement however does not prohibit GCV from requesting additional financial support from the City for other activities associated with supporting the City of Waterloo. 11. Recipient Board. The GCV Board of Directors will be charged with planning for the appropriate expenditure of City grant funds in accordance with this Agreement. The Mayor or his/her designee will represent City on the Board. 12. Termination. Either party may terminate this Agreement at any time if: a. b. c. The other party materially breaches the terms of this Agreement; provided that the non - breaching party shall have given the breaching party written notice of such breach and the breaching party shall have failed to cure the same within (30) days after receipt of such notice; There is the loss or departure of key personnel that would jeopardize both the quality and time of performance or would make performance impractical with respect to the budget contemplated for this Agreement, and a mutually acceptable replacement cannot be found; or Performance of any part of this Agreement by a party is prevented or delayed due to a factor beyond the reasonable control of the party and cannot be overcome by reasonable diligence to the satisfaction of either party. d. The party desiring termination delivers no less than 60 days' advance written notice of termination to the other party. In addition, the parties may terminate this Agreement at any time by mutual written consent or in the event that all other government entities to which GCV provides services substantially similar to those GCV provides to City choose to terminate any grant, funding or other agreement that provides incentive - based funding to GCV. In the latter instance, the parties agree to enter into a new written agreement providing for funding to GCV that is a flat payment -for -services arrangement, in an amount mutually agreeable to the parties. In the event of termination, immediate written notice shall be given by the authorized official of the party requesting termination to the other party which should specify both the reason for and the effective date of termination. Such notice shall be delivered by certified mail or in person to the authorized official of the other party who executed this Agreement. 5 Page 168 of 408 13. Liability. GCV and City agree that each party shall be responsible for its acts or omissions and the acts or omissions of its employees, officers, directors, agents or volunteers, to the extent allowed by law. Nothing contained in this Agreement shall vary or modify in any manner any governmental immunity which any party to this Agreement, or its officers, directors, employees, agents or volunteers, may enjoy under any statute or rule of law, except to the extent provided in Iowa Code § 670.7, with respect to the procurement of insurance, and then only to the extent stated in the insurance policy and only as to those exceptions contained in Iowa Code § 670.4. 14. Legal Expenses. Grow Cedar Valley agrees that all legal expenses incurred by the City in connection with the defense of any claim made or brought against the City that is directly related to GCV's performance, or the performance of GCV's employees, officers, directors, agents or volunteers, under this Agreement shall be the sole responsibility of GCV. 15. Te►►ns of Agreement Control. The parties acknowledge that the provisions of this Agreement are controlling and shall define the duties, responsibilities and conditions under which GCV's technical and profesional services shall be completed. Any and all provisions of Exhibit "A", describing detail technical and professional services, which is inconsistent with the provisions of this Agreement, shall be ineffective. All persons who meet the eligibility requirements as defined in this Agreement shall be entitled to participate, regardless of race, color, creed, religion, national origin, sex, age, disability, sexual orientation, gender identity, or any other criteria which by applicable law constitutes unlawful discrimination. 16. Entire Agreement. This Agreement, together with the attached hereto as Exhibit "A", to the extent not inconsistent with the terms hereof, constitutes the entire agreement between the parties with respect to the subject matter hereof. There are no other oral or written promises or understandings except as expressly provided herein. This Agreement may be amended only by a written agreement signed by the parties hereto. 17. Term of Agreement. This Agreement covers the period from July I, 2019 through and including June 30, 2020. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date stated above. GROW CEDAR VALLEY By: CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Felchle, City Clerk 6 Page 169 of 408 Attachment "A" 1. Mission of Grow Cedar Valley Mission: Elevate the economic vitality of our businesses and communities. Vision: We will prioritize — • Talent Development — Recruitment & Retention Create Cedar Valley Employer Toolkit Expand Economic Inclusion Workforce Preparation - Live The Valley (social and digital media platform to attract & retain workforce) • Business Retention & Expansion - Continue Supporting Existing Business through Growth and Retention Assist with Innovation & Technology Processes Continue to Provide Economic Data & Research Collaborate with our Partners in Economic Development: Cities, Regionally and State. 2. How long has the organization been in existence? Grow Cedar Valley was rebranded in March 2019. Organizations within the Grow Cedar Valley have been a part of the Cedar Valley economy for over 75 years. 3. Grow Cedar Valley staff members would directly utilize these funds. Lisa Skubal, VP Economic Development Aaron Jarnagin, Digital Marketing Specialist — Live The Valley & Placemaking Will Frost, Director of Talent Development — Economic Inclusion Aubree Taylor, Communications Specialist 5. Description of Program(s): Economic Development: ,• Business expansion and recruitment, specifically to: o Execute initiatives relevant to the recruitment of the area's highest value targeted industries: information solutions, advanced manufacturing, logistics and foreign direct investment; o Create and maintain relationships with site selection consultants and influences through regular engagement; o Identify and manage expansion and recruitment projects with the intent to encourage new developments that encourages new capital investment and quality jobs; o Prepare and be an advocate for funding businesses who wish to access state incentive programs; o Execute an existing business program that will deliver real time information to economic development officials; o Invite City's Economic Development Staff along for existing business visits; o Maintain the data portal for the use of existing businesses & site selectors considering the area. 1 Page Page 170 of 408 +�4 o Attend Select USA Trade Show that promotes foreign direct investment into the United States. Representing Waterloo and Cedar Valley through pre -scheduled meetings and collaborating by co -exhibit at the Iowa Economic Development Authority trade show booth. Show attracts 3,100 attendees from 79 international markets and 49 U.S. states and territories. June 1-3, 2020 in Washington DC, Industry Insights describes our regional existing business surveying of primary businesses focused on high value/high growth that are at risk or have opportunity to grow in Waterloo and the Cedar Valley. Grow Cedar Valley will lead the creation of an aggregate survey report to help direct future local, regional and organizational programing that affects nearly everything we do to make Waterloo and the Cedar Valley grow. Advocate and support efforts to grow the entrepreneurial and innovation ecosystems in the Cedar Valley. +: Business Retention & Expansion through Innovation (BREI) — Grow Cedar Valley will continue to partner with the University of Northern Iowa under a grant UNI received from the Economic Development Administration. Purpose is identify existing businesses and individuals that can foster innovation and technology, research and development with targeted manufactures. This will be done in collaboration with sectors already providing business support including Red Cedar, UNI, Hawkeye Community College, Iowa State University, Cedar Valley Techworks and Iowa Economic Development Authority among other entities. + Continue to be a partner with Red Cedar to support entrepreneurs in Waterloo and the Cedar Valley including collaboration on initiatives important to Red Cedar and Grow Cedar Valley. Create an Economic Development Advisory Council to guide the economic development efforts of Grow Cedar Valley. Workforce & Talent: Execute the Live the Valley Campaign through electronic and social media to recruit and retain talent in the City of Waterloo and the Cedar Valley Region. Execute on specific social media strategies and other initiatives to continue to increase engagement. *:* Promote Waterloo and Cedar Valley career opportunities through the Grow Cedar Valley's job board, social media platforms, traditional media platforms outside the Cedar Valley. 1+1 Provide investors and industry partners with quantitative wages, benefit and other workforce demographics to assist with retention and expansion of the workforce including the maintenance of a recruitment toolkit for employers' through the Live the Valley website. GCV's Economic Inclusion Partnership, composed of private sector employers, will continue to provide support to existing Cedar Valley businesses on the best practices for diversity and inclusion in the workplace by producing an annual Summit, presenting awards to those businesses incorporating inclusion practices, creating an enhanced Inclusion website, and updating the toolkit. Create a comprehensive Employer Toolkit for Live the Valley to support companies with resources to recruit and retain their workforce. 21Page Page 171 of 408 • Leverage relationships with UNI, HCC, Wartburg, and Allen College and other higher education institutions to design and extend student retention efforts, 4�4 Continue to advance partnerships with other workforce initiatives such as Future Ready Iowa, The Iowan Project, Home Base Cedar Valley, and others, Grow Cedar Valley collaborates with appropriate entities to remove employment barriers such as access to childcare, transportation, and others. + This year, Grow Cedar Valley will begin hosting networking events optimized for the African American Community and other diversity groups. Cedar Valley employers will be invited to attend these meetups to link talent with employment. + Monthly talent workshops are also being planned to educate employers on how to connect with various segments of potential workforce. Government Affairs: Advocacy for Cedar Valley legislative and regulatory priorities in Des Moines and Washington DC. The priorities created and submitted by the Government Relations Committee to GCV's Board of Directors and approved by GCV Board on 11/19/2019 and are: • Talent Development, Attraction, and Education o Promote smart and comprehensive investment to develop, attract and retain world -class talent and workforce through full funding of the Future Ready Iowa Initiative. o Address barriers to entry for employees to reenter the workforce or find employment such as availability of childcare and transportation o Consider the multi -faceted nature of creating attractive places for Iowans to work and live including providing tools for communities to leverage local assets. o Support high -quality education at all levels from pre-school through post -secondary education that prepares graduates with career ready skills. • Economic Development o Ensure consistency in state and local policies that provide return on investment for taxpayers. o Maintain valuable existing, flexible economic development and housing tax credits and incentive programs. o Provide a climate for business growth through fiscal prudence across all levels of government and a predictable regulatory environment. ■ Transportation, Infrastructure and Connectivity o Support long-term infrastructure planning and mindful allocation of resources to fund these critical, capital -intensive projects reliably into the future. 31Page Page 172 of 408 CITY OF WATERLOO Council Communication Resolution approving a Real Estate Purchase Agreement with H & A L.C., in the amount of $145,000 with up to $5,000 in closing costs, to purchase 100-114 East loth Street, 105 East llth Street and assessor parcel number 8913-25-181-004, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/15/2020 - 9:59 AM Clerk Office Even, LeAnn Approved 1/15/2020 - 10:23 AM ATTACHMENTS: Description Type ❑ Purchase Agreement Cover Memo ❑ Aerial Map Cover Memo SUBJECT: Submitted by: Resolution approving a Real Estate Purchase Agreement with H & A L.C., in the amount of $145,000 with up to $5,000 in closing costs, to purchase 100-114 East loth Street, 105 East llth Street and assessor parcel number 8913-25-181-004, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval This is a request to enter into a real estate purchase agreement with H & A L.C. to purchase 100-114 East loth Street, 105 East llth Street, and assessor parcel number 8913-25-181-004, in the amount of $145,000 with up to $5,000 in closing costs. Summary Statement: The properties are along the riverfront of the Cedar River and have a total area of 1.521 acres, which make it good for redevelopment for residential or commercial uses. With the purchase of these three lots, the city will own the entire block except for 1202 Sycamore Street and staff is recommending approval of entering into said purchase agreement. Expenditure Required: $145,000 plus up to $5,000 in closing costs. Source of Funds: Rath TIF. Policy Issue: Property Acquisition/Economic Development. Lot Nos. 5, 6, 7, 8, 9 and 10 in Block No. 48 in in the Original Plat, on the East Side of the Cedar River, Page 173 of 408 Legal Descriptions: and The Southeasterly One-half of Lots 1 and 4 and the Southeasterly 27 feet of the Northwesterly One-half of Lots 1 and 4 in Block 48 in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa Page 174 of 408 REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: H & A L.C. ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 100-114 E. 10"' Street, 105 E. 11 "` Street, and bare lot, legally described as per the abstract of title, consisting of assessor parcel no(s). 8913-25-181-004, -005, and -006; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $145,000.00, due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within 30 days after approval of this Agreement by the Waterloo City Council, subject to prior satisfaction or waiver of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessments or installments. 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: See Paragraph 22.C. 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Page 175 of 408 Within 30 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller shall, at the expense of Buyer, obtain from Black Hawk County Abstract & Title an abstract of title to the Property continued through a date that is within 30 days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving 10 days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing 2 Page 176 of 408 reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $1,000 to remove any hazardous materials, substances, conditions or wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with Paragraph 15. 13. JOINDER BY SELLER'S SPOUSE. Sgne-r's spouse t--a titlelaer—imnediately preceding acceptance, executes this Agreement only for the purpose of relinquishing all rights of dower, homestead, and distributive share or in compliance with Section 561.13 of the Code of Iowa and agrees to execute the dood or real estate contract for this purpose. N/A. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. If Seller desires to structure a 1031 tax -deferred exchange in connection with the proposed transaction, Buyer agrees to cooperate, at no cost to Buyer, with any reasonable request from Seller, and to execute any reasonable documentation requested by the exchange agent, to facilitate an exchange. 17. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Agreement shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 18. REMEDIES OF THE PARTIES. 3 Page 177 of 408 A. If Buyer fail to timely perform this Agreement, Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: H & AL.C. Fisher Sher 153 Ok rn C Buyer: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Community Planning & Development Director 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. A. The parties acknowledge that Buyer is acquiring the Property for economic development purposes. Buyer's rights and duties under this Agreement are assignable to any person or entity that will further the economic development objectives contemplated by Buyer. 4 Page 178 of 408 B. Special contingencies to effectiveness of Agreement. Notwithstanding any signatures below by representatives of Buyer, this Agreement is expressly subject to approval by the city council of Buyer. C. Seller shall have the right to salvage materials, equipment and fixtures from the Property before closing. Any personal property or fixtures of any type or nature that remain on the Property after closing shall be deemed abandoned by Seller, and Buyer shall be free to keep or dispose of same in any way or at any time that Buyer chooses, without further compensation to Seller. Seller shall remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, bottles or containers of any kind. Seller agrees to use reasonable methods to keep the Property secure against entry by unauthorized persons and to prevent hazards to personal safety. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before , 2020, this Agreement shall be null and void. Dated BUYER City of Waterloo, Iowa By: Mayor Managing Member Accepted by Seller 1 / 13 2-0 2-0 SELLER H & A L.C. Attest: City Clerk 5 Page 179 of 408 Citij of Waterloo, Iowa CITY OF WATERLOO Council Communication Resolution rescinding Resolutions No. 2017-558 and 2017-566 adopted on July 17, 2017 for a Development Agreement with LK Holdings Waterloo, LLC due to failure to meet stated deadlines of project commencement and completion as specified within the agreement. City Council Meeting: 1/21/2020 Prepared: 8/28/2018 REVIEWERS: Department Reviewer Action Date Planning & Zoning Anderson, Noel Approved 10/30/2019 - 11:30 AM Clerk Office Even, LeAnn Approved 10/30/2019 - 4:40 PM SUBJECT: Resolution rescinding Resolutions No. 2017-558 and 2017-566 adopted on July 17, 2017 for a Development Agreement with LK Holdings Waterloo, LLC due to failure to meet stated deadlines of project commencement and completion as specified within the agreement. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval to rescind Resolution No. 2017-558 & 2018-566. Summary Statement: The project never commenced forward and there is a new buyer for the land parcel and this needs to be released for clear title. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use Alternative: N/A Legal Descriptions: Page 181 of 408 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 3, to the Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed June 27, 2011, in an estimated amount of $375,000, in conjunction with the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and authorizing the Mayor to execute said document. City Council Meeting: 1/21/2020 Prepared: 1/10/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 1/14/2020 - 10:41 AM Clerk Office Even, LeAnn Approved 1/15/2020 - 10:02 AM ATTACHMENTS: Description Type ❑ Cont 947_Supp Agreement No. 3 Cover Memo SUBJECT: Resolution approving Supplemental Agreement No. 3, to the Professional Services Agreement with AECOM Technical Services, Inc., of Waterloo, Iowa, originally executed June 27, 2011, in an estimated amount of $375,000, in conjunction with the FY 2020 Virden Creek Levee Improvements, Contract No. 947, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: See the attached agreement for Scope of Services. Expenditure Required: estimated fee of $375,000 Source of Funds: GO Bonds Page 182 of 408 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO VIRDEN CREEK LEVEE IMPROVEMENTS U.S. HIGHWAY 63 TO 4TH STREET CONSTRUCTION -RELATED SERVICES SUPPLEMENTAL AGREEMENT NO. 3 WHEREAS, a Professional Services Agreement was entered into between City of Waterloo, Iowa, (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated June 27, 2011, for increasing the flood protection level of the Virden Creek channel and earthen levee from U.S. Highway 63 to Gates Park near 4th Street in Waterloo, Iowa; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on December 11, 2017, for additional design, including collecting additional stream channel data, completing a hydrologic review of the project area and preparing a hydraulic model of the stream using the new data; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 2 on August 20, 2018, for additional structural design; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 3 for construction -related services. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: I. Project Description This project includes modifications to approximately 700 linear feet of existing concrete retaining walls, construction of approximately 4,100 linear feet of new concrete walls, installation of four temporary closure structures, installation of approximately 10,500 square yards of concrete channel lining, demolition of an existing building, site restoration and miscellaneous associated levee improvements for Virden Creek from U.S. Highway 63 to 4th Street. II. Scope of Services The Scope of Services for this supplemental agreement will encompass and include detailed work, services, materials, equipment, personnel and supplies necessary to provide construction -related services for the project defined above. The Scope of Services is further defined by the following tasks: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 2. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Mark Removals c. Set Stakes at 50-Foot Intervals for Grading d. Set Stakes for Retaining Wall Construction e. Set Stakes for Channel Lining Pavement f. Set Stakes at 25-Foot Intervals for Paving Page 183 of 408 AECOM Page 2 Task 3. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 5. Prepare bi-monthly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 6. Witness/provide, where applicable, field testing of the facilities furnished under the contract to assist in determining conformance with the contract documents. Task 7. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Conduct bi-weekly construction progress meetings with representatives from the Contractor and the City. Task 8. Prepare and assist the Client and Contractor in processing contract change orders. Task 9. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 10. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Task 11. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 12. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 13. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 14. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 15. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 16. Prepare and assist the Client with the final close-out documentation received from the Contractor. Page 184 of 408 AECOM III. Compensation Page 3 Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be segregated from the fees in the original agreement and Supplemental Agreement Nos. 1 and 2. The estimated fee is Three Hundred Seventy - Five Thousand Dollars ($375,000.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated June 27, 2011. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 3 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By Date January 10, 2020 Douglas W. Schindel, P.E. Associate Vice President APPROVED FOR CITY OF WATERLOO By: Date Quentin Hart Mayor O:Wdministration\AGREE\SUPPLE\SA3 Wat Virden Creek Levee Improvements CRS.doc Page 185 of 408 CITY OF WATERLOO Council Communication Resolution approving a Purchase Agreement with Boland Recreation of Marshalltown, Iowa, in the amount of $52,785.75, in conjunction with the Elks Park Playground Replacement Project, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description ❑ Boland Recreation Proposal ❑ Sourcewell RFP/Contract Documents ❑ Sourcewell Supporting Documents ❑ Iowa Legal References Sourcewell SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Date 1/14/2020 - 1:38 PM 1/15/2020 - 9:51 AM Resolution approving a Purchase Agreement with Boland Recreation of Marshalltown, Iowa, in the amount of $52,785.75, in conjunction with the Elks Park Playground Replacement Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager Request Council approve purchase agreement with Boland Recreation (Miracle Recreation) of Marshalltown, Iowa, in the amount of $52,725.75, in conjunction with the Elks Park Playground Replacement Project, and authorize the Mayor and City Clerk to execute said documents. The Leisure Services Commission voted unanimously at their January 14, 2020 meeting to recommend approval of this purchase agreement.This project provides for replacement of outdated and damaged play structure at Elks Park located at Belmont Avenue and Wellington Street. Purchase Agreement was based on National Contract pricing through Sourcewell (formally National Joint Powers Affiance) Contract # 030117-LT S expiration 4/14/2021. See attachments for copy of Request for Proposal and other supporting documentation. This purchase is allowed under Iowa Code 28E.3: Joint Exercise of Power. $52,725.75 G. O. Bonds This project supports the Strategic Plan Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. Page 186 of 408 Mark Boland Owner, Sales Jordan Judkins Sales, Iowa Blake Judkins Sales, Iowa eore www.bolandrecreation.com 2347 Oak Park Road Marshalltown, IA 50158 1-800-798-7589 641-752-7589 Waterloo Parks Dept — Elks Park December 19, 2019 Miracle model 714-5600 Play unit Sourcewell discount (17%) Freight Installation TOTAL COST $ 43,506 - 7,396.05 + 1,464 + 13,051.80 $ 50,625.75 OPTION: Engineered wood fiber, 12" deep in 48' x 40' area ADD $ 2,160 Prepared by: Mark Boland Prices are good through April 1, 2019 Prices include delivery to your job site Prices DO NOT include sales tax, if applicable Payment for materials is due by 30 days after delivery. Payment for installation services is due by 15 days after completion of work. Boland Recreation reserves the right to charge a 1.5% fee on past due invoices. Delivery time is four -six weeks after the order has been placed, unless agreed upon differently NOTE: Boland Recreation, Inc. is NOT RESPONSIBLE for unloading of equipment, storage, permits, fees, ground preparation, pea gravel, borders, disposal of trash, sales tax, or anything in addition to what is listed above. Page 188 of 408 Miracle Recreation NJPA Pricing: Miracle Recreation Order Size PREPAID FREIGHT List Less 20% List Less 17% List Less 13% List Less 8% List Less 3% List Plus 7% toi a) r 06 a. vi 7 V _ co u1 0) U) 4 L 0 (a U) 0 U O EL C 0 CO U w 5 List Less 15% List Less 10% List Less 5% a) 0 0 w N J a) U .0 J_ w N J List Plus 7% N 0 u) et 67 . C � 0 Early Childhood Products List Less 5% List Less 2% List Plus 2% List Plus 5% List Plus 10% 0 7 2 n. C7 0 3 Miracle Recreation Order Size FOB ORIGIN (FREIGHT NOT INCLUDED) Destination List Less 23% st Less 20% List Less 17% List Less 13% List Less 8% List Less 3% All 50 States U �/J Lw y] 2 0 V N W •� C 2 c `U (J)t toa. List Less 20% List Less 15% List Less 10% List Less 7% List Less 7% List Less 3% All 50 States Early Childhood Products **Custom play structures, components, climbers etc are priced on a per quote basis Pricing Incentives and Rebates: Miracle Recreation agrees to the following customer volume rebate based on the calendar year: w co a) a) 0) C al ., 0 0 0 0 a 0 0 0 T to Page 189 of 408 National Joint Powers Alliance® REQUEST FOR PROPOSAL for the procurement of RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES RFP Opening MARCH 2, 2017 8:30 a.m. Central Time At the offices of the National Joint Powers Alliance® 202 12th Street Northeast, Staples, MN 56479 RFP #030117 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 1, 2017 at 4:30 p.m. Central Time at the above address and opened March 2, 2017 at 8:30 a.m. Central Time. RFP Timeline January 12, 2017 Publication of RFP in the print and online version of USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: http://www.njpacoop.org/oregon-advertising), in the print and online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia February 7, 2017 Pre -Proposal Conference (the webcast/conference call). The 10:00 a.m. CT connection information will be sent to all inquirers two business days before the conference Deadline for RFP questions, Deadline for Submission of Proposals. Late responses will be returned unopened Public Opening of Proposals. February 22, 2017 March 1, 2017 4:30 p.m. CT March 2, 2017 8:30 a.m. CT Direct questions regarding this RFP to: Jonathan Yahn at Jonathan. yahnanipacoop. org or (218)895-4144. 1 Page 190 of 408 TABLE OF CONTENTS 1. DEFINITIONS A. Contract B. Proposer C. Sourced Good of Open Market ltem D. Vendor 2. ADVERTISEMENT OF RFP 3. INTRODUCTION A. About NJPA B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products and Services Being Proposed G. Solutions Based Solicitation 4. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. B. C. D. E. F. G. H. I. Inquiry Period Pre -Proposal Conference Identification of Key Personnel Proposer' s Exceptions to Terms and Conditions Proposal Format Questions & Answers About This RFP Modification or Withdrawal of a Submitted Proposal Proposal Opening Procedure NJPA's Rights Reserved 5. PRICING A. Line -Item Pricing B. Percentage Discount From Catalog or Category C. Cost Plus a Percentage of Cost D. Hot List Pricing E. Ceiling Price F. Volume Price Discounts/ Additional Quantities G. Total Cost of Acquisition H. Sourced Equipment/Products/ Open Market Items I. Price and Product Changes J. Payment Terms K. Sales Tax L. Shipping 6. EVALUATION OF PROPOSALS A. Proposal Evaluation Process B. C. D. E. F. G. H. I. J. K. Proposer Responsiveness Proposal Evaluation Criteria Other Consideration Cost Comparison Marketing Plan Certificate Of Insurance Order Process and/or Funds Flow Administrative Fees Value Added Waiver of Formalities 7. POST AWARD OPERATING ISSUES A. B. C. D. E. F. G. H. Subsequent Agreements NJPA Member Sign-up Procedure Reporting of Sales Activity Audits Hub Partner Trade -Ins Out of Stock Notification Termination of a Contract resulting from this RFP 8. GENERAL TERMS AND CONDI1TONS A. Advertising a Contract Resulting From This RFP B. Applicable Law C. Assignment of Contract D. List of Proposers E. Captions, Headings, and Illustrations F. Data Practices G. Entire Agreement H. Force Majeure I. Gratuities J. Hazardous Substances K. Licenses L. Material Suppliers and Sub -Contractors M. Non -Wavier of Rights N. Protests of Awards Made O. Suspension or Disbarment Status P. Affirmative Action and Immigration Status Certification Severability Relationship of Parties Q. R. 9. FORMS 10. PRE -SUBMISSION CHECKLIST 11. PRICE & PRODUCT CHANGE REQUEST FORM 12. APPENDIX A 2 Page 191 of 408 1 DEFINITIONS A. CONTRACT Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer's response pursuant to this RFP, and a fully executed Form E ("Acceptance and Award") with final terms and conditions. Form E will be executed after a formal award and will provide final clarification of terms and conditions of the award. B. PROPOSER A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms "respondent" or "proposed Vendor," which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET ITEM A Sourced Good or Open Market Item is a product within the RFP's scope 1) that is not currently available under the Vendor's NJPA contract, 2) that a member wants to buy under contract from an awarded Vendor, and 3) that is generally deemed incidental to the total transaction or purchase of contract items. D. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 3 Page 192 of 408 2 ADVERTISEMENT OF RFP 2.1 NJPA advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2) once each in Oregon's Daily Journal of Commerce, South Carolina's The State and Utah's Salt Lake Tribune. 3) on NJPA's website; and 4) on other third -party websites deemed appropriate by NJPA. Other third -party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo. 2_2 NJPA also notifies and provides solicitation documentation to each state -level procurement departments for possible re -posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 INTRODUCTION A. ABOUT NJPA 3.1 The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.njpacoop.org. 3.3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use. 3.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states "Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at http://www.njpacoop.org/national-cooperative-contract- so lutions/legal-authority/. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 3_6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 4 Page 193 of 408 3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFFs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 3.8 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 3.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 3.10. National contract awarded by NJPA: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Chief Procurement Officer. NJPA's primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NJPA and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent, NJPA further desires to: 3.11.1 Award a four-year contract with a fifth -year contract option resulting from this RFP. Any fifth -year extension is exercised at NJPA's discretion and results from NJPA's contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor's request. If NJPA grants a fifth -year extension, it may also terminate the contract (or cause it to expire) within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA's Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 5 Page 194 of 408 3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's Response"; 3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies; and 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received, NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members; in other situations, multiple vendors may be in the best interests of NJPA and the NJPA Members and preferred by NJPA to provide the widest array of solutions to meet the member agency's needs. NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non -Manufacturer Awards: NJPA reserves the right to make an award under this RFP to a non - manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that manufacturer's authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub -contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3.15 Dealer/R.eseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. When requested by NJPA, Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES J 3.17 Additional Scope Definitions: 3.17.1 Under this RFP, NJPA seeks RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Because this title could be construed quite broadly (without the following clarification), make sure that your offered solutions fit into at least one of these primary categories: 3.17.1.1 1. Playgrounds 2. Recreation 3. Shelters 4. Shades 6 Page 195 of 408 5. Playground surfacing 6. Outdoor exercise equipment 7. Prefabricated buildings associated with playgrounds and other public spaces 8. Site amenities or furnishings such as trash cans and benches 9. Bicycle equipment for public use (bikes, racks, rental kiosks, etc.) 10. Aquatic solutions, pools, splash pads 11. Skate park solutions 12. Trails and related solutions 13. Beach area equipment 14. Ice arena equipment and supplies (including dasher boards, ice surface refrigeration, and ice resurfacing equipment) Installation and service on these listed categories is also desired. 3.17.2 NJPA reserves the right to Iimit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.2.1 This solicitation is not intended to include: lockers, bleachers, event seating, recreational vehicles, landscape equipment, mowers, indoor exercise equipment, athletic surfacing, athletic equipment, or HVAC systems (outside of floor refrigeration/ice making). 3.17.2.2 Any solution that is proposed must have a direct connection to at least one of the preceding categories. NJPA will consider "out of scope" those proposals that contain more than an incidental amount of items that do not directly relate to the enumerated categories. NJPA reserves the right to award a vendor that clearly articulates a compelling member need for a solution that falls outside these categories. NJPA does not seek responses that fall more properly within another existing NJPA contract category. For example, NJPA already has awarded vendors that could provide trail maintenance equipment (grubbers, mowers, etc.). So prospective respondents should determine whether they can fill a substantial unmet need for NJPA members before decided to respond to this RFP 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a "Scope of Proposal," please consider the validity of an inverse statement. 3.18.1 For example, pencils and post -it -notes can generally be classified as office supplies and office supplies generally include pencils and post -it -notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to time and in its sole discretion, to determine their compliance and fall within the original "Scope" as intended by NJPA. 3.19 Best and Most Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 7 Page 196 of 408 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members, NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant," products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 3.23 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub -contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub -contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub - Contractor. Suggested Solutions Options include: 3.24.1 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 3.24.1.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed, 3.24.1.2 Turn -Key Solutions: A Turn -Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.24.1.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice "of good, better, best" multiple -grade solutions to meet NJPA Members' needs. 3.24.1.4 Proven — Accepted — Leading -Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet NJPA Members' needs. 8 Page 197 of 408 3.24.2 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.25 Geographic Area to be Proposed: This RFP invites proposals to provide (RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non -award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute. 3.26 Contract Term: At NJPA's option, a Contract resulting from this RFP will become effective either on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.26.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 3.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.28 [This section is intentionally blank.] 3.29 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.30 Proposer(s Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the [RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES [industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services and accessories, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated standards, needs, expectations, and requirements of NJPA and its Members. 3.31.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.31.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 9 Page 198 of 408 3.31.2.1 demonstrate the Proposer's knowledge of industry standards and Member agency needs and expectations; 3.31.2.2 identify the equipment/products and services being proposed as applicable to the needs and expectations of NJPA Member agencies; and 3.31.2.3 differentiate equipment/products and services from other industry manufacturers and providers. 3.32 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. 3.33 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.34 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be clearly disclosed in the "Total Cost of Acquisition" section of the proposal. 3.35 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non -award. 3.36 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS -BASED SOLICITATION 3.37 The NJPA solicitation and contract award process is not based on detailed specifications. Instead, this RFP is a "Solutions -Based Solicitation." NJPA expects respondents to understand and anticipate the current and future needs of NJPA and its members —within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.38 While NJPA does not typically provide product and service specifications, the RFP may contain scope refinements and industry -specific questions. Where specific items are specified, those items should be considered the minimum required, which the proposal can exceed in order to meet Members' needs. NJPA may award all of the respondent's proposal or may limit the award to a subset of the proposal. 4 INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. INQUIRY PERIOD 10 Page 199 of 408 4.1 The inquiry period begins on the date of first advertisement and continues until to the Deadline for Submission." RFP packages will be distributed to potential Vendors during the inquiry period. B. PRE -PROPOSAL CONFERENCE 4.2 A pre -proposal conference will be held at the date and time specified in the timeline on page one of this RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA's competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre -proposal conference are binding on the parties to an awarded contract. C. IDENTIFICATION OF KEY PERSONNEL 4.3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 4_4 These designated individuals should also act as the primary contact for marketing, sales, and any other area deemed essential by the Proposer and NJPA. D. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 4.5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request. 4_6 Exceptions, deviations or contingencies requested in the Proposer's response, while possibly necessary in the view of the Proposer, may result in lower scoring or disqualification of a proposal. E. PROPOSAL FORMAT 4.7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4,48 All proposals must be properly labeled and sent to "The National Joint Powers Alliance, 202 12th Street NE Staples, MN 56479." 4_9 All proposals must be physically delivered to NJPA at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor's response. The proposal must include these items. 4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature -page only from Forms A and P from this RFP; 4.9.2 Signed hard copies of all addenda issued for the RFP; 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement of products and pricing (including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated, you must provide an electronic version of any material that you provide in a hard copy format. As a public agency, NJPA's proposals, responses, and awarded contracts are a matter of public record, except for such data that is classified as nonpublic. Accordingly, public data is available for 11 Page 200 of 408 review through a properly submitted public records request. To redact nonpublic information from your proposal (under Minnesota Statute § 13.37), you must make your request within thirty (30) days of the contract award or non -award date. 4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document is readable by NJPA. 4.12 The Proposer must ensure that the proposal is in the physical possession ofNJPA before the submission deadline. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening," and the deadline for proposal submission. NJPA is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 4.13 Proposers are responsible for checking directly with the NJPA website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.14 Upon examination of this RFP document, Proposer should promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by NJPA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them. 4.15 Submit all questions about this RFP, in writing, referencing RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES [to Jonathan Yahn at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org. You may also call Jonathan Yahn at (218) 895-4144. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered. NJPA may, however, field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself, NJPA will create an addendum to this RFP. 4.17 If NJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself, no further documentation of that question is required. 4.18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org (under "Current and Pending Solicitations") and from the NJPA offices. All Proposers must acknowledge their receipt of all addenda in their proposal response. 4.19 Any amendment to a submitted proposal must be in writing and must be delivered to NJPA by the RFP submission deadline. 12 Page 201 of 408 4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal must not be modified, withdrawn, or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Contracts and Compliance Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The notice must be delivered to NJPA before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions. H. PROPOSAL OPENING PROCEDURE 4.23 Sealed and properly identified responses for this RFP entitled RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES will be received by Jonathan Yahn, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify RRRECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES and the RFP number. To avoid premature opening, the Proposer must label the Proposal response properly. NJPA documents the receipt of proposals by immediately time- and date -stamping them with an atomic clock. At the time of the public opening, the NJPA Director of Contracts and Marketing or a representative from the NJPA Proposal Evaluation Committee will read the Proposer's names aloud and will determine whether each submission has met Level-1 responsiveness. I. NJPA'S RIGHTS RESERVED 4.24 NJPA may exercise the following rights with regard to the RFP. 4.24.1 Reject any and all proposals received in response to this RFP; 4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP; 4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal; 4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the terms of the proposal more favorable to NJPA or its members; 4.24.5 Waive any non -material deviations from the requirements and procedures of this RFP; 4.24.6 Extend the Contract, in increments determined by NJPA, not to exceed a total Contract term of five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA; 4.24.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates. NJPA will not be liable for any errors in the RFP or other responses related to the RFP; and 13 Page 202 of 408 4.24.9 Extend proposal due dates. 5 PRICING 55.11 NJPA requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district, or a regional cooperative. 5.2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service. While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of this,, contract is $40 Million. Vendors are expected to anticipate additional volume through potential government, educational, and not -for -profit agencies that would find value in a national contract awarded by NJPA. 5.3 Regardless of the payment method selected by NJPA or an NJPA member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5.4 All proposers must submit "Primary Pricing" in the form of either "Line -Item Pricing," or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as "Hot List," "Sourced Products," and "Volume Discounts," as well as financing options such as leasing. All pricing documents should include a clear effective date. A. LINE -ITEM PRICING 5_5 Line -item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or categoty pricing model may make more sense and may increase the clarity of the contract pricing format. 5.6 All line -item pricing items must be numbered, organized, sectioned (including SKUs, when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5.7 Submit Line -Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder's proposal. 5^$ Line -item pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., Microsoft® Excel®) in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 5.9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line -item price sheet, including any and all ancillary costs. 5.10 Proposers should provide both a published "List Price" as well as a "Proposed Contract Price" in their pricing matrix. Published List Price will be the standard "quantity of one" price currently available to government and educational customers, excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 14 Page 203 of 408 5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all manufacturer options applicable to the products or services. 5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. C. COST PLUS A PERCENTAGE OF COST 5.15 "Cost plus a percentage of cost" as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services. D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as "Hot List" pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line -item format. Products and services may be added or removed from the Hot List at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an NJPA Member. 5.19 [This section is intentionally blank.] F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES 5.20 through 5.23 [These sections are intentionally blank] G. TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party, is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end -user's location. For example, if you are proposing equipment/products FOB Proposer's dock, your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end -user's location. H. SOURCED GOOD or OPEN MARKET ITEM 15 Page 204 of 408 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor's NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members' needs, Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 5.26 NJPA or NJPA Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor's line -item price list or catalog. These items are known as Sourced Goods or Open Market Items. 5.27 An awarded Vendor may source such items to the extent that the items are identified as "Sourced Products/Equipment" or "Open Market Items" on any quotation issued in reference to an NJPA awarded contract, and that this information is provided to either NJPA or an NJPA Member. NJPA is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under an NJPA contract. 5.28 "Cost plus a percentage" pricing is an acceptable option in pricing of Sourced Goods. I. PRODUCT & PRICE CHANGES 5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website), signed by an authorized Vendor representative. All changes are subject to review and approval by NJPA. Submit your requests through email to your assigned Contract Manager and to PandP@njpacoop.org. 5.30 NJPA will determine whether the request is both within the scope of the original RFP and in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be returned to the Vendor contact through email. 5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2) provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name) (NJPA Contract ft) (effective pricing date); for example, "COMPANY 012411-CPY effective 02-12-2016." 5.32 The new pricing restatement must include all products and services offered, even for those items whose pricing remains unchanged, and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality. 5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available. 5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely, a request for a 3% increase in prices based only on a 3% increase in a cost -of -living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material 16 Page 205 of 408 costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 5.35.2 Price increases: A Vendor must include reasonable documentation for price -increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 5.36 through 5.37 [These sections are intentionally blank.] 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX 5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax -exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering, NJPA Members must indicate that they are tax-exempt entities. Except as set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor's shipping program. Shipping charges should reasonably reflect the actual cost of shipping. NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency. But to the extent that shipping costs are determined to disproportionately increase a Vendor's profit, NJPA may reduce the points awarded in the "Pricing" criteria. 5.46 through 5.47 [These sections are intentionally blank.] 5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made -to -order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 5.49 through 5.50 [These sections are intentionally blank.] 5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract -conforming products in each shipment and may not substitute products without the express approval from NJPA or the NJPA Member. 17 Page 206 of 408 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. 6 EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS 6.1 The NJPA proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP. (For example, if the "Warranty" criterion does not apply to a particular RFP, the points normally awarded under "Warranty" may be used to increase the number of potential points in another evaluation category or categories.) The "Pricing" criterion will contain at least a plurality of points for every RFP. 6.2 NJPA uses a scoring system that gives primary importance to "Pricing." But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer's offering represents the best value. The evaluation committee may consider such factors as life -cycle costs, total cost of ownership, quality, and the suitability of an offering in meetingNJPA Members' needs. Pricing points may be awarded based on pricing clarity and ease of use. NJPA may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities. 6.3 The NJPA Board of Directors will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness," found just below. B. PROPOSER RESPONSIVENESS 6.4 All responses are evaluated for Level -One and Level -Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions, it may be considered nonresponsive. 6.5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level -One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6.6 Level -One Responsiveness means that the response 6.6.1 is received before the deadline for submission or it will be returned unopened; 6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time; 18 Page 207 of 408 6.6.3 contains a pricing document (with apparent discounts) and all other forms fully completed, even if "not applicable" is the answer; 6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard -copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP; 6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and 6_7 Level -Two Responsiveness (including whether the response is within the RFP's scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance. Each item draws from multiple questions, and a Proposer's responses may affect scoring in multiple evaluation criteria. For example, the answers to Industry -Specific Questions may help determine scoring relative to a Proposer's marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C. PROPOSAL EVALUATION CRITERIA 6.8 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength 6.8.2 Industry Requirements and Marketplace Success 6.8.3 Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value -Added Attributes 6.8.7 Payment Terms and Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing and Delivery 6.8.11 Industry -Specific Questions 6.9 [This section is intentionally blank.] D. OTHER CONSIDERATIONS 6.10 In evaluating RFP responses, NJPA has no obligation to consider information that is not provided in the Proposer's response. NJPA may, however, consider additional information outside the Proposer's response. This research may include such sources as the Proposer's website, industry publications, listed references, and user interviews. 6.11 NJPA may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, NJPA might receive numerous submissions for "Widgets and Related Products and Services." NJPA may organize these responses into subcategories, such as manufacturers of fully operational Widgets, manufacturers of component parts for Widgets, and providers of parts and service for Widgets. NJPA reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows NJPA to award 19 Page 208 of 408 Vendors that might not have, for instance, the breadth of products of Proposers in another subcategory, but that nonetheless meet a substantial and articulated need of NJPA Members. 612 [This section is intentionally blank.] 6.13 NJPA reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed -to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information. Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and NJPA will return such products after the evaluation process. NJPA may make provisional contract awards, subject to a Proposer's proper response to a request for information or products. 6.14 A Proposer's past performance under previously awarded contracts to schools, governmental agencies, and not -for -profit entities is relevant in evaluating a Proposer's current response. Past performance includes the Proposer's record of conforming to published specifications and to standards of good workmanship, as well as the Proposer's history for reasonable and cooperative behavior and for commitment to Member satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award. 6.15 NJPA reserves the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA may use a variety of evaluation methods, including cost comparisons of specific products. NJPA reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination. 6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. NJPA will select the "Market Basket" from all appropriate product categories as determined by NJPA. F. MARKETING PLAN 6.18 A Proposer's marketing plan is a critical component of the RFP response. An awarded Vendor's sales force will likely be the primary source of communication with NJPA Members and will directly affect the contract's success. Marketing success depends on communicating the contract's value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor's sales teams. NJPA reserves the right to deem a Proposer Level -Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan. 6.19 NJPA marketing expectations include the following components. 6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to NJPA members in all 50 states. Proposers' responses should fully demonstrate their sales and service capabilities, should outline their national sales force network (both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing, but NJPA encourages related services to be a part of Proposers' response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. 20 Page 209 of 408 6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide. NJPA desires a marketing plan that communicates the value of the contract to as many Members as possible. 6.19.3 Proposers are expected to be receptive to NJPA trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force. NJPA commits to providing training on all aspects of communicating the value of the awarded contract, including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract. Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NJPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. 6.19.5 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA-endorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract - specific marketing materials including the following items. 6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format, including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer's Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer's website. An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples, MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. 21 Page 210 of 408 G. CERTIFICATE OF INSURANCE 6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI) or an ACORD binder form with their proposal. Upon an award issued under this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification, in the form of a Certificate of Insurance, identifying the coverage required below and identifying NJPA as a "Certificate Holder." The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal, NJPA will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits. The awarded Vendor must maintain, for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of $1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance. An awarded Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. 6.23.1.1 Commercial General Liability —Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and t h e Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an "A.M. Best" rating of not less than A- VII. NJPA does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors' certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 NJPA Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing 22 Page 211 of 408 to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA's Members. 6.28 [This section is intentionally blank.] I. ADMINISTRATIVE FEES 6.29 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer's response to the RFP. Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order to offset the administrative fee. 6.29.3 The administrative fee is designed to cover the costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The typical administrative fee under this Contract is two percent (2%). While NJPA does not dictate the particular fee percentage, we require that the Proposer articulate a specific fee in its response. For example, merely stating that "we agree to pay an administrative fee" is considered nonresponsive. NPJA acknowledges that the administrative fee percentage may differ between vendors, industries, and responses. 6.29.5 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. 6.30 through 6.32 [This section is intentionally blank.] J. VALUE—ADDED ATTRIBUTES 6.33 Desirability of Value -Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA's evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency, ordering, or other items while remaining within the scope of this RFP. 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE (or other) status for both their organization and for any affiliates (e.g., supplier networks) involved in fulfilling the terms of this RFP. The ability of a Proposer to provide preferred business entity "credits" to NJPA and NJPA Members under a Contract will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the products and services they purchase. "Green" characteristics demonstrated by Proposers will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body 23 Page 212 of 408 determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency. 6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier for NJPA Members, including how Members could integrate their current e-Procurement or enterprise resource planning (ERP) systems into the Proposer's ordering process. 6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute. 6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive minor formalities (or to accept minor irregularities) in any proposal, when it determines that considering the proposal may be in the best interest of its Members. 7 POST -AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 771 Purchase Order. Purchase orders for products and services may be executed between NJPA Members and the awarded Vendor (or Vendor's sub -contractors) under this Contract. NJPA Members and Vendors must indicate on the face of such purchase orders that "This purchase order is issued under NJPA contract IIXXXXXX" (insert the relevant contract number). Purchase order flow and procedure will be developed jointly between NJPA and an awarded Vendor after an award is made. 7_2 Governing Law. Purchase orders must be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included. If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member. 7_3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job- or industry -specific requirements of law such as prevailing wage legislation. Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose, intent, or currently established terms and conditions contain in this RFP document. For example, a Vendor and Member may agree to add a "net 30" payment requirement to the purchase order instead of applying a "net 10" requirement. But the added terms and conditions must not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7_4 Specialized Service Requirements. In the event that the NJPA Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre -approval by the Vendor. Any separate agreement developed to address these 24 Page 213 of 408 specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract. 7.5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, NJPA recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance bonding required by the Member, the Member's state laws, or by local policy is to be mutually agreed upon and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Management -type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of NJPA's contracts by (among other things) extending the use and re -use of products. Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however, extend beyond the expiration date of this Contract. B. NJPA MEMBER SIGN-UP PROCEDURE 7.6 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of NJPA membership documentation and will encourage and assist potential Members in establishing membership with NJPA. NJPA membership is available at no cost, obligation, or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7.7 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NJPA Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency, Member number, amount of purchase, and a description of the items purchased. 7.7.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales. D. AUDITS 7_8 NJPA relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all NJPA contracts. Nonetheless, the Vendor must retain and make available to NJPA all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. NJPA must not request such information more than once per calendar year, and NJPA must make such requests in writing with at least fourteen (14) days' notice. NJPA may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with NJPA or its agents in order to ensure compliance with this Contract. E. HUB PARTNER 7.9 Hub Partner: NJPA Members may request special services through a "Hub Partner" for the purpose of complying with a law, regulation, or rule that an NJPA Member deems to apply in its jurisdiction. Hub 25 Page 214 of 408 Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means. 7.10 Hub Partner Fees: NJPA Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation. To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is "Executed for the Benefit of [NJPA Member name]." F. TRADE-1NS 7.11 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified "Trade -In" value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.12 The Vendor must immediately notify NJPA Members when they order an out -of -stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list. H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.13 NJPA reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation, term, or condition as described in the following procedure. Before any such termination for cause, the NJPA will provide written notice to the Vendor, an opportunity to respond, and a reasonable opportunity to cure the breach. The following are some examples of material breaches. 7.13.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty; 7.13.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time; 7.13.3 NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract, NJPA issues a request for assurance, and the Vendor fails to respond; 7.13.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract; 7.13.5 The Vendor fails to follow the established procedure for purchase orders, invoices, or receipt of funds as established by NJPA and the Vendor; 7.13.6 The Vendor fails to properly report quarterly sales; 7.13.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.14 Upon receipt of the written notice of breach, the Vendor will have ten (10) business days to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contract immediately. If NJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA's authority to immediately terminate the Contract for continued 26 Page 215 of 408 breaches for which notice was given to the Vendor. Termination of the Contract for cause does riot relieve either party of the financial, product, or service obligations incurred before the termination. 8.2 [This section is intentionally blank.] 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to NJPA any litigation, bankruptcy, or suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty (60) days' written notice of termination. Termination of the Contract without cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 7.18 NJPA may immediately terminate any Contract without further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of NJPA has colluded with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations are effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial, product, or service obligations incurred before the termination. 8 GENERAL TERMS AND CONDITIONS 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8.1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 8.2 [This section is intentionally blank.] 8.3 NJPA Compliance with Minnesota Procurement Law: NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA's solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA's solicitation process satisfies the procurement rules in the Member's jurisdiction. 8.4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 8.5 Jurisdiction: Any claims that arise against NJPA pertaining to this RFP, and any resulting contract that develops between NJPA and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. 27 Page 216 of 408 8.6 through 8.7 [This section is intentionally blank.] 888 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof. NJPA's liability is governed by the Minnesota Tort Claims Act (Minn. Stat. §3.736) and other applicable law. 8.99 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against the Vendor, NJPA, or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of the NJPA. NJPA will notify Members by posting approved assignments on the NJPA website (www.nipacoop.org). 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor -in -interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D. LIST OF PROPOSERS 8.13 NJPA will not maintain a list of interested proposers, nor will it automatically send RFPs to them. All interested proposers must request the RFP as a result of NJPA's national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers, NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP become NJPA's property and become public records (under Minn. Stat. §13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37), the Proposer must meet the following requirements. 8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification. Pricing, marketing plans, and financial information is generally not redactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted. If NJPA determines that it must disclose the information upon a proper request for such information, NJPA will inform the Proposer of such determination. 28 Page 217 of 408 8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless NJPA, its agents, and employees, from any judgments or damages awarded against NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP, the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 8.16 [This section is intentionally blank.] G. ENTIRE AGREEMENT 8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award & Acceptance document (Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due, neither party is liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions -intervention -acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party must (if possible) notify the other party of such delay within forty-eight (48) hours. 8.19 through 8.20 [These sections are intentionally blank.] K. LICENSES 8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with NJPA and NJPA Members. 8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities, if applicable, should be included in the Proposer's response to this RFP. L. MATERIAL SUPPLIERS AND SUB -CONTRACTORS 8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub -contractors as a part of the purchase order when requested by NJPA or an NJPA Member. M. NON -WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder, nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a 29 Page 218 of 408 waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. N. PROTESTS OF AWARDS MADE 8.25 And protests must be filed with NJPA's Executive Director and must be resolved in accordance with appropriate Minnesota rules, Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 8.25.1 The name, address, and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party's argument and supporting documentation; 8.25.8 The aggrieved party's statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. O. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to an NJPA solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. P. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. Q. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, or statutory provision, or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. 30 Page 219 of 408 R. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The patties neither intend the proposed Contract to create, nor is to be construed as creating, a partnership, joint venture, master -servant, principal -agent, or any other, relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein. 9 FORMS [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 31 Page 220 of 408 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warran/J) are addressed on Forst P) Proposer Name: Questionnaire completed by: Please identify the person NJPA should correspond with from now through the Award process: Name: E-Mail address: Please answer the questions below using the Microsoft Worm version of this document. This allows NJPA evaluators to cut and paste your answers into a separate worksheet. Place your answer directly below each question. NJPA prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Please create a response that is easy to read and understand. For example, you may consider using a different font and color to distinguish your answer from the questions. Company Information & Financial Strength 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. 2) Provide a brief history of your company, including your company's core values, business philosophy, and longevity in the (RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES !industry. 3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company's expectations in the event of an award? 5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. 6) What is your US market share for the solutions that you are proposing? What is your Canadian market share, if any? 7) Has your business ever petitioned for bankruptcy protection? Please explain in detail. 8) How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 9) If applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 10) Provide all "Suspension or Disbarment" information that has applied to your organization during the past ten years. I I) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Industry Recognition & Marketplace Success 32 Page 221 of 408 12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for NJPA membership. At a minimum, please include the entity's name, contact person, and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Proposer's Ability to Sell and Deliver Service Nationwide 18) Describe your company's capability to meet NJPA Member's needs across the country. Your response should address at least the following areas. a) Sales force. b) Dealer network or other distribution methods. c) Service force. Please include details, such as the locations of your network of sales and service providers, the number of workers (full- time equivalents) involved in each sector, whether these workers are your direct employers (or employees of a third party), and any overlap between the sales and service functions. 19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. 20) a) Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any NJPA Member sectors (i.e., government, education, not -for -profit) that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. Marketing Plan 22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply) to ensure maximum impact? Please include how you will communicate your NJPA pricing and other contract detail to your sales force nationally. 23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format. 24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 25) In your view, what is NJPA's role in promoting contracts arising out of this RFP? How will you integrate an NJPA- awarded contract into your sales process? 33 Page 222 of 408 26) Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Value -Added Attributes 27) Describe any product, equipment, maintenance, or operator training programs that you offer to NJPA Members. Please include details, such as whether training is standard or optional, who provides training, and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 30) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations that your company or hub partners have obtained. 31) What unique attributes does your company, your products, or your services offer to NJPA Members? What makes your proposed solutions unique in your industry as it applies to NJPA members? 32) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, and Industry Specific Items are addressed on Form P. Signature: Date: 34 Page 223 of 408 Form B PROPOSER INFORMATION Company Name: Address: City/State/Zip: Phone: Fax: Toll -Free Number: E-mail: Website Address: Authorized signer for your organization Name: COMPANY PERSONNEL CONTACTS Email: Phone: The person identified here must have proper signing authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer. Who prepared your RFP response? Name: Title: Email: Phone: Who is your company's primary contact person for this proposal? Name: Title: Email: Phone: Other important contact information Name: Title: Email: Phone: Name: Title: Email: Phone: 35 Page 224 of 408 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, AND SOLUTIONS REQUEST Company Name: Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Section/page Term, Condition, or Specification Exception NJPA ACCEPTS Proposer's Signature: Date: NJPA's clarification on exceptions listed above: 36 Page 225 of 408 Contract Award RFP #030117 FORM D Formal Offering of Proposal (To be completed only by the Proposer) RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES In compliance with the Request for Proposal (RFP) for RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES, ;the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Date: Company Address: City: State: Zip: Contact Person: Title: Authorized Signature: (Name printed or typed) 37 Page 226 of 408 Form E Contract Acceptance and Award (To be completed only by NJPA) NJPA #030117 Proposer's full legal name Your proposal is hereby accepted, and a Contract is awarded. As an awarded Proposer, you are now bound to provide the defined products and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your response, and any exceptions accepted by NJPA. The effective start date of the Contract will be , 20 and continue until - (no later than the later of four years from the expiration date of the currently awarded contract or four years from the NJPA Board's contract award date). This contract may be extended for a fifth year at NJPA's discretion. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: NJPA Executive Director (Name printed or typed) Awarded this day of , 20 NJPA Contract Number 1 #030117 NJPA Authorized signature: NJPA Board Member (Name printed or typed) Executed this day of , 20 NJPA Contract Number #030117 The Proposer hereby accepts this Contract award, including all accepted exceptions and NJPA clarifications. Vendor Name Vendor Authorized signature: (Name printed or typed) Title: Executed this day of , 20 NJPA Contract Number #0301171 38 Page 227 of 408 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute § 13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute § 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 228 of 408 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Address: City/State/Zip: Telephone Number: E-mail Address: Authorized Signature: Authorized Name (printed): Title: Date: Notarized Subscribed and sworn to before me this day of , 20 Notary Public in and for the County of State of My commission expires: Signature: 40 Page 229 of 408 Form G OVERALL EVALUATION AND CRITERIA For the Proposed Subject RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Conformance to REP Terms and Conditions 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service Nationwide 100 Marketing Plan 50 Value -Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products and Related Services 200 Pricing 400 TOTAL POINTS 1000 Reviewed by: Its Its 41 Page 230 of 408 Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions Proposer Name: Questionnaire completed by: Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Warranty 5) Describe in detail your manufacturer warranty progratn, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts, and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 42 Page 231 of 408 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Industry -Specific Questions 19) Of the following main categories, identify those in which you provide solutions: playground, recreation, aquatic/beach, and/or ice arena. 20) If your RFP offering better fits within a sub -category not identified in the preceding question, identify the subcategory using the list provided in the scope section of this RFP (Sec. 3.17.1.1). 21) Rank any subcategories you fit into (e.g., 1-5) based on how strongly you are positioned within each. 22) Specifically describe any manufacturing processes or material specification -related attributes that differentiate your offering from your competitors. 23) Describe any serviceability attributes that your offered solutions contain. Please indicate which of these attributes are considered "industry -expected attributes" and which you believe are "vendor differentiators." Signature: Date: 43 Page 232 of 408 10 PRE -SUBMISSION CHECKLIST Check when Completed Hard Copy Required Contents of Your Bid Proposal Signed and Dated Electronic Copy Required - CD or Flash Drive Form A: Proposer Questionnaire with all questions answered completely X - signature page only X Form B: Proposer Information X Form C: Exceptions to Proposal, Terms, Conditions, and Solutions Request X X Form D: Formal Offering of Proposal X X Form E. Contract Acceptance and Award X Form F: Proposers Assurance of Compliance X X Form P: Proposer Questionnaire with all questions answered completely X-signature page only X Certificate of Insurance with $1.5 million coverage X X Copy of all RFP Addendums issued by NJPA X X Pricing for all Products/Equipment/Services within the RFP being proposed X Entire Proposal submittal including signed documents and forms. All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. X Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX-XX-XXXX" Response Package mailed and delivered prior to deadline to: NJPA, 202 12th St NE, Staples, MN 56479 44 Page 233 of 408 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor Requests for product or service changes, additions, or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2, 3, and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts & Compliance Manager and to approval byNJPA's Chief Procurement Officer. Submit request through email to your assigned NJPA Contract Administrato NJPA will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change, and must include a complete restatement of pricingdocumentation in an appropriate format (preferably Microsoft® Excel®). The pricing document must identiy all products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, "Acme Widget Company 11012416-AWC eff. 01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new "effective date' on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if, for example, they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example, a Vendor that manufactures products that require substantial petroleum -related material might request a 3% price increase because of a 20% increase in petroleum costs. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, for example, offer merely generalized statements about an increase in a cost -of -living index. Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases. Refer to the RFP for complete "Pricing" details. Section 2. Vendor Name and Type of Change Request AWARDED VENDOR NAME: NJPA CONTRACT NUMBER: CHECK ALL CHANGES THAT APPLY: ❑ Adding Products/Services vices ❑ Deleting Products/Services ❑ Price Increase ❑ Price Decrease 45 Page 234 of 408 Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1) "All pricing for paper products and services are increased 5% because of increased raw material and transportation costs (see attached documentation of fuel and raw materials increase)." 2) "The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological changes that improve the polisher's efficiency and usefid life. The 5400 series is now included in the "Hot List" at a 20% discount f •om the previous pricing until the remaining inventory is liquidated" If adding products, state how these are within the scope of the original RFP. If changing prices or adding products or services, state how the pricing is consistent with existing NJPA contract pricing. 46 Page 235 of 408 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been emailed to the Vendor's Contract Administrator. ❑ Yes ❑ No Section 5. Signatures Vendor Authorized Signature Date Print Name and Title of Authorized Signer Jeremy Schwartz, NJPA Director of Cooperative Contracts and Procurement/CPO Date 47 Page 236 of 408 Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal. http://www,usa.gov/A_gencies/Local_Govemment/Cities.shtml http://nces.ed.gov/globallocator/ https://harvester.census.gov/imls/search/index.asp http://nccsweb.urban.org/PubApps/search.php http://www.usa.gov/Government/Tribal-Sites/index.shtml http://www.usa.gov/Agencies/State-and-Territories.shtml http: //www. nreca.coop/about-electric-cooperative s/member-directory/ Oregon Hawaii Washington 48 Page 237 of 408 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, AND SOLUTIONS REQUEST Company Name; PlayPower, Inc. Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RH' must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Term, Condition, or Section/ a Specification Excertion NJPA ACCEPTS Proposer's Signature: J" Date: ej 3/ 0 NJPA's clarification on exceptions listed above: Page 238 of 408 FORM D Contract Award RFP F #03011'i Formal Offering of Proposal (To be completed only by the Proposer) }RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES In compliance with the Request for Proposal (RFP) for 'RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES, Ithe undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: PlayPower, Inc. Company Address: 11515 Vanstory Drive t1100 City: Huntersville Date: February 23, 2017 State: NC Zip: 28078 Contact Person: David S :`edy f Title: Director of Sates Authorized Signature: ' 1 �� Kevin Walker (Name printed or typed) 37 Page 239 of 408 FORM E CONTRACT ACCEPTANCE AND AWARD (Top portion of this form will be completed by NJPA if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract #: 030117-LTS Proposer's full legal name: PlayPower, Inc. Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree fo provide the products and services contained in your proposal and to meet all of the terms and conditions set forth In this RFP, In any amendments to this REP, and in any exceptions that are accepted by NJPA. The effective date of the Contract will be April 14, 2017 and will expire on April 14, 2021 (no later than the later of four years from the expiration date of the currenfiy awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: ll Jeremy Schwartz NJPA(tEC R OF COOPERATIVE CONTRACTS (NAME PRINTED OR TYPED) AND PROCUREMENT/CP NJPA EXECUTIVE DIRECTOR/CEO SIGNATURE Chad Coauette INAME PRINTED OR TYPED) Awarded on April 14, 2017 NJPA Contract # 030117-LTS Vendor Authorized Signatures: The Vendor hereby acccept�sthis Contract award, including all accepted exceptions and amendments. Vendor Name 6 [�r� 1"I.'J1,)! ANC CAW 4ACi d Offagir Authorized Signatory's Title A VENDOR AUTHORIZED SIGNATURE titu bka. A .`R.us5 (NAME PRINTED OR TYPED) Executed on Art-, i 2017 NJPA Contract # 030117-LTS Page 240 of 408 Form PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the bust of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5, The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members, Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract, 6, The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13,37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. (The rest of this page has been left intentionally blank. Signature page below) 39 Page 241 of 408 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: PlayPower, Inc. Address: 11515 Vanstory Drive #100 City/State/Zip: Huntersville, NC 28078 Telephone Number: 704-949-1600 E-mail Address: Icevin ' Ker@playpow Authorized Signature: -� Authorized Name (printed): Kevin Walker Title: Sales Administration / Customer Service Manager Date: _ L.1 r r 5.DuI1 Notarized Subscribed and sworn to before me this f day of - L . , 20 1 7 Notary Public in and for the County of scut Al M Le State of i" 17 ( ) My commission expires: Signature: $,D,u. in),a0IR KIM ADAMS My Commission Expires April 13, 2018 Lawrence County Commission N14435117 40 Page 242 of 408 Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions Proposer Name: PlayPower, Inc Questionnaire completed by: David Sheedv, Julie Davis Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? Net 30 days upon invoicing 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? PlayPower has partnered with National Cooperative Leasing (NCL) to offer NJPA members a complete suite of finance solutions. NCL is a current NJPA financing contract holder (#032615-NCL) and is an industry expert in municipal financing solutions. NCL will offer leasing terms from 12-120 months on transactions from $5,000.00 and up. Traditional leasing and financing programs will be offered along with programs specifically designed for schools and governmental entities including Tax -Exempt Municipal Leases and a Purchase Order Only program. There Is no ownership, common ownership, or control between PlayPower and NCL. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. PlayPower most often will invoice NJPA members directly which makes gathering of sales data very straightforward. Reps/dealers when billing directly are required to provide copies of purchase orders from members which will include PlayPower's NJPA contract number and the NJPA Member number. The proposed process will follow our current NJPA process that requires orders to be coded as an NJPA order at the time of submission. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? No. The benefits of P-card procurement is most beneficial for smaller transactions. PlayPower's average playground sold exceeds $20,000 so the real benefits of P-card would not be recognized. Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. Page 243 of 408 All PlayPower products offer a world class warranty that covers both manufacturing defects and workmanship. See each of our brand's warranty certificates attached separately to this RFP submittal. • Do your warranties cover all products, parts, and labor? As a manufacturer of recreation and playground equipment, accessories and supplies, we warranty our materials and workmanship only. All labor, including installation and repairs can be coordinated and quoted on a case by case basis with our Representative/Distributor/ Dealer Network. A complete listing of our Representative/Distributor/ Dealer Network has been provided. • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? There are no usage limit restrictions with our warranty. Warranty statements for all of our brands have been supplied with this RFP submittal. • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? Industry standards dictate that travel time is not covered under warranty. While there are some exceptions, PlayPower typically adheres to this standard. • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? All PlayPower brands can provide warranty repairs in all regions of the United States. • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? PlayPower does not warranty products and services from other manufacturers. Any products sold from other manufacturers as a turn -key solution carry a warranty provided by the original manufacturer. • What are your proposed exchange and return programs and policies? While the product is standard, the design of Recreation and Playground Equipment accessories and supplies is very customized. Due to this, Playpower requires a 30% restocking fee for returns and exchanges. 6) Describe any service contract options for the items included in your proposal. All of PlayPower's Representatives, Distributors, Dealers and Installers are factory trained and certified to service and repair our products. All warranty and service work will be coordinated between the NJPA member and our representatives. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. A good family can make all the difference - so we would like you to meet one of the greatest families in the world: PlayPower. We lead the world in recreation equipment manufacturing - everything from commercial playgrounds, park & site amenities, fitness equipment, and shade, to floating modular boat docks and safety surfacing. All professionally supported by representatives all over North America (and the world for that matter) to meet NJPA Members' needs. 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a 5KU for each item in your proposal. (Keep in mind that reasonable price and Page 244 of 408 product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) Due to the size and scope of our product offering along with seven separate brands (companies) offered in this proposal and the discount structures varying by brand, a separate pricing discount file has been provided with this RFP submittal. Please refer to that document. 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. As stated above, due to the size and scope of our product offering along with seven separate brands (companies) offered in this proposal and the discount structures varying by brand, a separate pricing discount file has been provided with this RFP submittal. Please refer to that document. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district, b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. X c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. Volume Rebates (per calendar year): • $500,000 - $999,999 - 1% rebate • $1,000,000 - $1,499,99 - 2% rebate • $1,500,000+ - 3% rebate 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. This service is coordinated by our independent representative/distributor/dealer networks. In the event PlayPower is doing the billing, we simply do a pass through with no markup on these services. Each service can vary due to location, size and scope of work. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. Some projects related to our recreation and playground equipment products, accessories and supplies can be material -only procured or more often, a turn -key solution. In the event of a turnkey solution project, sourced work such as installation, curbing, sidewalks, landscaping, and any other types of non -equipment related work could be involved. This service can be coordinated by our independent representative/distributor/dealer networks. In the event PlayPower is doing the billing, we simply do a pass -through with no markup on these services. Each service can vary due to location, size and scope of work. Installation is specifically addressed in the pricing discount schedule which is provided with this RFP submittal. Page 245 of 408 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. Any additional freight cost will be evaluated by PlayPower's shipping department and the best available rate and service will be passed an to the NJ PA member during the quote process. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. As is the case in the 4B contiguous United States, freight is the responsibility of the NJPA member. Additional freight charges will be evaluated by PlayPower's shipping department and the best available rate and service will be passed on to the NJ PA member during the quote process. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. Where it makes sense, we use Intermodal freight transport which involves the transportation of freight in an intermodal container or vehicle, using multiple modes of transportation (rail, truck, ship), without any handling of the freight itself when changing modes. The method reduces cargo handling, and so improves security, reduces damage and loss, and allows freight to be transported faster. Reduced costs over road trucking is the key benefit. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor renuts the proper administrative fee to NJPA. • PlayPower's order entry system has required point and click requirements as it relates to contracts. When an order is entered, the system literally prompts the user with the question "Is this a NJPA project?" and the user is required to answer YES or NO to proceed. The order entry system also checks for minimum discount compliance. • AN NJPA orders are also reviewed manually for compliance to ensure minimum NJPA pricing discounts and are entered with a NJPA code to ensure proper reporting and administrative fee. • In addition, management reviews total amount of NJPA sales for accuracy and in addition, evaluates representatives' performance selling the NJPA contract on an annual basis. • NJPA sales tracking is included in PlayPower's corporate budgeting process. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) We propose a 1% administrative fee for all PlayPower Equipment sold. This is calculated at LIST PRICES and not discounted net sales. In addition, we propose a 1% administrative fee for all open market/turnkey solution products, work and services billed and provided to NJPA members directly from PlayPower or through our independent representative/distributor/dealer network. industry -Specific Questions 19) Of the foIIowing main categories, identify those in which you provide solutions: playground, recreation, aquatic/beach, and/or ice arena. Playground equipment, recreation and aquatic/beach 20) If your RFP offering better fits within a sub -category not identified in the preceding question, identify the subcategory using the list provided in the scope section of this RFP (Sec. 3.17.1.1). PlayPower offers solutions in all categories/sub-categories with the exception of ice arena products Page 246 of 408 21) Rank any subcategories you fit into (e.g., 1-5) based on how strongly you are positioned within each. 1. Playgrounds 2. Shade 3. Outdoor Exercise Equipment 4. Site Amenities & Site Furnishings 5. Recreation 6. Playground Surfacing 7. Bike Racks 8. Aquatic, beach, trail — Docks 9. Skate Park 10. Shelters 22) Specifically describe any manufacturing processes or material specification -related attributes that differentiate your offering from your competitors. PlayPower creates state-of-the-art recreation, playground equipment, outdoor fitness, dock systems, contained play systems, shade, benches, tables, etc, utilizing the best in materials and processes. Just a few of our state-of-the-art innovations and features are: ■ Versalok° II clamping system makes installation of components a snap. The clamp is made from up to 100% recycled aluminum alloy, and all fastening hardware is stainless steel and tamper -resistant. ■ GatorGrip° - Miracle's handrails and rungs feature GatorGrip, with a texture that is friendly and reassuring to small hands. ■ FIo-Coat® - Our state-of-the-art Flo -Coat° steel tubing was developed specifically for children's playground equipment, and is zinc galvanized coated inside and out for superior resistance to abrasions, scratches, salt, and the elements. ■ Mira -Cote° - All metal components are finished with Mira -Cote- a durable, electrostatically applied, non -toxic, lead-free, polyester powder coating that's available in almost 30 colors. ▪ Mira -Therm' - All decks, steps, ramps, and bridges, as well as a variety of complementary items, are coated with Mira -Therm®, our proprietary brand of polyvinyl chloride (PVC) containing UV stabilizers, color pigments, and flame retardants. Mira -Therm® coated punched steel with folded edges provides quick drainage, with holes too small for fingers. ■ Naturtek - Our exclusive material is the most realistic natural imitation in the marketplace. It not only looks real, but feels real. That's because we've been able to replicate the actual look and feel of real rocks, trees and stumps. This product is unlike any other. ■ Gelefish - We've transformed the playground by fusing trend -setting designs with traditional play events that kids love. Gelefish offers a customizable design with countless possibilities of play component configurations delivering more fun -per -foot. ■ EZ Dock Flotation Chambers - Simply put, our patented flotation design creates stability. When you walk on an EZ Dock, you will immediately notice the difference when compared to other floating docks. Our docks don't just float, they actually enhance steadiness thanks to the compression and suction of the hollow chambers on the underside. ■ EZ Dock Connection Couplers - EZ Dock's patented connection couplers allow sections to move independently under high -stress conditions, while still providing unified firmness. Page 247 of 408 Plus, our polyethylene construction provides outstanding modularity, buoyancy, functionality and safety. • NEOS outdoor electronic playgrounds were the first of its kind introduced in the marketplace. Our fun electronic games inspire kids of all ages to go out and play. • PlayPocl. This innovative service employs Microsoft Tag to provide 24/7 mobile access to useful information for both maintenance professionals and anyone using the equipment. PlayPod delivers a playground ownership experience unmatched in the industry. It provides instant access to individualized installation and maintenance data and customer service links as well as fun play tips. PlayPod is a value-added service that works when users download the free Tag mobile app to a smartphone. • BIBA Play, our fun -inspired mobile smartphone play application, while fun for kids and caretakers, is a data -capture system which allows NJPA members to capture data about their playgrounds for such things as playground usage habits, like time of day, gender usage, component usage, demographics and really endless other data. This yields big insight for NJPA members regarding information about their playgrounds. No other manufacturers offers this. 23) Describe any serviceability attributes that your offered solutions contain. Please indicate which of these attributes are considered "industry -expected attributes" and which you believe are "vendor differentiators." In coordination with our vast array of local representatives, distributors and dealers, we offer a solution for NJPA members from the design phase of their project all the way through the installation. We always design for no cost to the NJPA member which differentiates us from some other competitors. PlayCreator, our proprietary software that no other manufacturer has, allows us to design for safety and standards. Our representatives manage projects through the construction phase, whether we are coordinating that work or whether it is being coordinated by the NJPA member. Some other manufacturers work on a "supply only" basis and do not offer this. And once the project is complete, our representatives can offer maintenance. In addition, all of our outdoor play representatives and installers are Certified Playground Safety Inspectors (CPSI} and can provide safety inspections for NJPA members for all of their playgrounds, whether they were manufactured by PlayPower or not. We know what NJPA members expect and we have them covered from top to bottom. Signature: Date: 2-/z$f(7 Page 248 of 408 FORM E CONTRACT ACCEPTANCE AND AWARD ltaUwutlalnl Powers Alliance' (Top portion of this form will be completed by NJPA if the vendor is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract #: 030117-LTS Proposer's full legal name: PiayPower, Inc. Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained in your proposal and to meet all of the terms and conditions set forth In this RFP, In any amendments to this RFP, and in any exceptions that are accepted by NJPA. The effective date of the Contract will be April 14, 2017 and will expire on April 14, 2021 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: NJPA +IREC •R OF COOPERATIVE CONTRACTS AND PROCUREMENT/CP NJPA EXECUTIVE DIRECTOR/CEO SIGNATURE Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette (NAME PRINTED OR TYPED) Awarded on April 14, 2017 NJPA Contract # 030117-LTS Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. ? Vendor Name AY� 1,oE� / , n 1C. Authorized Signatory's Title Citid vtttr4cid 0( 6624f VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED) Executed on Af, " t >J� ,2017 NJPA Contract # 0301 17-LTS Page 249 of 408 NJPA National Joint lowers Alliance' 888.894.1930 Contact Us .bout Us Cooperative Purchasing Statewide/Regional Solutions Ormani/ationa! cararua ?urchas�cg >escesna a tar3c±>.uoant& Paidirg sc4icite5cr; > • Recreation and RlaygrcvrM Equipment Accttuits, and Supplies t+;me NJPAcceas tar Vendors P Cooperative Purchasing - Recreation and Playground Equipment, Accesories, and Supplies Procurement Process About Us Affiliations & Relationships Become a Member Become a Vendor Get to Kncw NJPA Current & PenCng Solicitations - Indemite Quantity Construcllon Contracting Systems and related services - Automotive and Truck Redzcenent Parts and -fires ttiith Related Equipment. Accessories. and Sersices - Class 6,7, and B Chassis with Related Equipment. Accessories. and Services - Mu66-Finc6on Copiers. Printers, and Equpment - &press Courier. Osemight. Ground Delivery Logs6c1 Svvices - Elevators Escalators, and Moving Wailes with Related Equipment Services. Accessories and Supplies - Forkli€t, Litt Trud:s and Related Material Handling Equipment Attachments. Accessories. and Services - Pest Managernerc with Related Products and Services The National Joint Powers Alliance'!' (N1PA), on behalf of NJPA and its current and potent! member agencies, which includes all governmental, higher education, K 12 education, not -for -profit, tribal government, and all other public agencies faceted in all fifty states, Canada and internationally, issues this Request For Proposal (REP) to result in a nation: contract sotution for the procurement of 0030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Details of this RFP are as€able beginning January 12, 2017. Details may be obtained by letter of request toJonathan Yahn, NJPA, 20212th Street Northeast, P-O. Box 219, Staples, MN 56479, or by e-mail at RFParrypecoop.org_ Proposals will be received until March 1, 2017 at 4:30 p.m. Central Time at the above address and opened March 2, 2017 at 8:30 a.m. Central Tme. Pre -Proposal Conference: February 7, 2017 at 10:00 am CT Sealed proposals due: March 1, 2017 at 4:30 pm CT Proposals will be publicly opened: March 2, 2017 at 8:30 am Cr NJPA reserves the right to reject any and all proposals. To Obtain RFP documents do one of the following: 1. E-mail rfp©njpacoop.org, an email will be sent back to you with the documents 2. Send a letter of request to National Joint Powers Alliance: Atm: Contracts and Compliance Department 202 12th Street NE, Staples, MN 56479 3. Complete the RFP Document Request Form below, this will redirect you to a page where yos can get the documents immediately. RFP Document Request Form (this will redirect you to a page to download the documents): Vendor Name' Vendor Address' Vendor City Vendor state - Vendor Zip' Contact Name" Contact Phone Number" Contact Email Address • L cUwwrv.njpeceop.orglcooperatite-purehas€nglbecome-vendorkurrcnl-pending-solicitations/recreation-and-playground-egnipment-acccsories-and-snppliesll U1212017 8:2111I AM] Page 250 of 408 - Ciassroom Audo Technology Equipment with Related Acceisaies. Services. and Supplies - Public Safety and Emergency Management Related Equipment. Supplies. and Services - Vehicles Cars Vans SUVs. and Light Trucks W M Rigged Equipment Accessories. and Vices - Managed Service Provider (MSP) for Information Technology and IT. Staff Augmenta ten - fleet Mehagerrknt and Rented Technc ogy Scl ices - Recreation and Playground Eq ipn'.ent Accescries. and Supplies Vender Reference Gdde Contracts - General Contracts - Fleet Contracts - ezlQC ConRnxtion Cooperative Health Current & Pendng Solicitations FAQs How to Purchase State Legal References WPA Access for Vendors Pubtic Sector Ensured Deposit Seard1 Vendors & Products Vendor Advartage What Can NiPADoForYOU Procurement Praza dAriv Y.njprecoop.orgreoopetutn'C-purCEm5mgibccome-vendodcurrent-pending-soliciIntionslrecreation-and-pl ayground-equipment-accesories-and.supplIl12l2017 8:28:11 AM] Page 251 of 408 JPA National Joint Powers Alliance" 13I©m CI 9 ti Become a i Become a MEMBER - at VENDOR 101b NATIONAL JOINT POWERS ALLIANCE ^' 7212th Street NE O. Bou 219 aples, MN S6479 188-894-1930 CONTACT US BECOME A MEMBER BECOME A VENDOR National Cooperative Contract Solutions Contract directory Current & Pending Solicitations Press Room List of NWA Contracts Vendor Get To Know Us Sitemap Membership Application Vendor Reference Guide States Legal Authority Member Testimonials Testimonials Who is NJPA? Website Credits itwow.njpacoop.orgkooperativc-purchasing/bceomc-sendodcwwnt-pending-soiicitationsrecrcalion-and-playground-equipmcnl-accesories-and-supplicslll/lL2117 S:28.11 Aivtf Page 252 of 408 [Go Back To Agency View] [Bid Board] Puhlic I Purchase. Chat IT. Help Logout National Joint Powers Alliance' r Bid RFP #030117 - RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Bid Type RFP Bid Number 030117 Title RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Start Date Jan 12, 2017 8:45:39 AM CST End Date Mar 1, 2017 12:00:00 AM CST Agency NJPA Bid Contact Ginger Line (218) 894-5483 v g i nger.l i ne@njpacoop.org 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Questions 0 Questions [View/Ask Questions] Description The National Joint Powers Alliance8 (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for - profit, tribal government, and all other public agencies located in all fifty states, Canada, and Internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by a -mall at RFPlnjpacoop.org. Proposals will be received until March 1, 2017 at 9:30 p.m. Central Time at the above address and opened March 2, 2017 at 8:30 a.m. Central Time. Delivery Information Jonathan Yalhn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 Pre -Bid Conference Date Feb 7, 2017 10:00:00 AM CST Location Webcast/Conference CaII Notes Connection information will be sent two business days prior to the event. Documents p:lAvww.publicpurcliase.com/gems/bidlbidVicw?bidld=72226[ V12/2017 8:45:58 AM] Page 253 of 408 No Documents for this bid Customer support: vendorsup{fort@publicpurchase.com 1 Copy igh11949-2EO17 (s) I The Public Group, LLC. All rights reserved. ri;.1'i i hlic I €(. mi 111 p:lluww.publicptirchasc.com/gems!bidlbidView?bidld-72226j 1/12/2017 8:45:58 AM] Page 254 of 408 R2CoW National Joint Powers Affiance Welcome cinllcl Uhe , National Joint Powers Alliance Ea A-Paofile Logeul Ronk ErnoUxeme0tPdan Renulsillog R'd nr.eument% Bidding Evaluation CI M YOrkll geAgrt-v Master Scion v Account,, L Nome 1 Iaernlc i P 1'',1-Ir ULMD Bid Information 0 Pending Biddingo Approve! Bid Information for 030117 Bid Number 03u117 Published By National Ja' nt Pavers Mince Ceetract Type RFP Published Date 01i17f2017 Counby a Peovin be/Siete °utado, Caned, Bld Typo GicoOs Remind Nonce Date Net APPOrede NIGP Cade Accept goesllon s rKz AprlmU, Requirements Bid Name Solicitation Type Procurement Name Closing Date Region a City Group Publish Opbon Value Range Tenor Area RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AIIDSUPP LIES Opel, In all supplies PrONrett,At 03/01r3017 04:30:00 Pei CE Not lypiaabk N134 Requirement Nat Appl:UNr Nal Oele Na apprcaNe 511e Meetings Nat Pyprcatte BId Advertisement RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES 030117 Closing Date: 03/01/3017 04:30:00 PM CT Detail: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for - profit, tribal government, and all other public agencies located in all fifty stales, Canada, and inlemationally, issues this Request For Proposal (RFP) to result in a national contract Solution for the procurement of #030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Details of this RFP are available beginning January 12, 2017. Details may be obtained by teller of request to Jonathan Yahn, NJPA, 202 121h Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 1, 2017 at 4:30 p.m. Central Time at the above address and opened March 2, 2017 at 0:30 a.m. Central Time. Bid Document Ne 3I4 Document Selected Selected Categories (Biddingo Category) Jldcow.biddingusanA409 riwlion733631711271031111122017 S 42:33 ANl] I Back to List Page 255 of 408 Unclassified Categories Miscellaheetts Items Mscelamous Nds located Milan Oas atege y are Caddis -Bed in the nixing Bidding. categories. Parks] RareaUMal Fadltie5 Playgrounds Swm,msjEgrdpnv:nt, Pads And Recreational Faded., rotls, Ska a Park SestenB,Araus, Graveyards, GolfCeurses, Etc. Upogrades And Ma nknMKG hkMher; Cemeteries and Crneyarrdd; playground a wipmellt, Bus Sheters etc Attached Bid Documents Seq. Name 9escdp119R N. File Attached Ste Page NOA Preview Required Document Invited Bidders Name f Email Address Ho Bidder Invited Phone Fax O Copyright 2017 M.N. Al MON Reserved Mimed by lidding [SUPPORT (Download Tralnfm Nswahl t J Apo., ssLebtrIfjC.411.5 JMmw.biddingosenshimsVoriticntion6S6315r12730ON 112R617 SJ233 AM] Page 256 of 408 Loading... Dlc MER* Need Help: (888) 738-3005 / (613) 727-4987 to (local) I Need Help? I Francais J,ogout • Go to homepage • Solicitations • Vendors • Reports • My Account • Solicitations List • Solicitation Library • Meni2 Historical • New Solicitation 030117 - Recreation and Playground Equipment, Accessories, and Supplies (Published) Actions • Actions • Create Amendment • Notify New Supplier • Add Categories • Cancel Solicitation • View Task Assignments • Clone Solicitation • Preview • Amendment • Rid Results • Aware{ • Audit • Notice, • Documents • S ategories • Document Request List • Print Basic Information Estimated Contract Value (CAD) ps:l/www.merxd.merx.comlprivate/buyer/solicitations/367232704/preview(1/12/2017 8:39:06 AM] Page 257 of 408 99,999,999,999,00 (Not shown to suppliers) Reference Number 0000047270 Issuing Organization National Joint Powers Alliance Solicitation Type RFP - Request for Proposal Solicitation Number 030117 Title Recreation and Playground Equipment, Accessories, and Supplies Source ID PP.CO.USA.868485.C88455 Details Region Canada, All of Canada, All of Canada Purchase Type Term: 2017/04/01 12:00:00 AM CDT - 2021/04/12 12:00:00 AM CDT Option: 4 year contract Dates Publication Date 2017/01/12 08:38:43 AM CST Question Acceptance Deadline 2017/02/22 11:59:00 PM CST Questions are submitted online No Closing Date 2017/03/01 04:30:00 PM CST Bid Intent ps:/hvww.mervtinerx.com/private/buyer/so[icitntions/367232764/preview[ 1/12/2017 8:39:06 AM] Page 258 of 408 Not Available Prebid Conference 2017/02/07 10:00:00 AM CST Contact Information Ginger Line 218-894-1930 t~n ginger.line@njpacoop.org Description The National Joint Powers Alliance® (NJPA), on behalf ofNJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #030117 RECREATION ,See more Pre -Bidding Events • Event Type Prebid Conference Attendance Recommended Event date 2017/02/07 10:00:00 AM CST Location Webcast/Conference Call Event Note Connection information will be sent to all inquirers two business days prior to the event. Bid Submission Process Bid Submission Type Physical Bid Submission Pricing In attached document Pricing ps://www.merx4.merx.com/private/buyerlsolicitations/3672327O4/preview[ 1/ 12/2017 8;39;06 AM] Page 259 of 408 In attached document « Back tQSolicitation list 030117 - Recreation and Playground Equipment, Accessories, and Supplies (Published) Modifying this solicitation will cancel its scheduled publication. Once you have completed your modifications, you will have to re -publish the solicitation in order to reschedule its publication. Are you sure you want to modify this solicitation? Nil Yes © MERX - All rights reserved. No part of the information on this Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of MERX and the Minister of the participating government department (if applicable). MERX, the Minister nor the Contracting Authority will assume responsibility or liability for the accuracy of the information contained in the publication. Disclaimer Jviediagrif Logo ps://www.merx4.merx.coin/private/buyer/solicitations/367232704/previewil/1212017 8:39:06 AM] Page 260 of 408 AFFIDAVIT OF PUBLICATION DJC 921 S.W. Washington SI, Suite 2101 Portland, OR 97205-2810 (503) 225-1311 OFFICIAL STATE OF OREGON, COUNTY OF MULTNOMAH•-ss. i, Michelle Ropp , being first duly sworn, depose and say that I am a Principal Clerk of the Daily Journal of Commerce , a newspaper of general circulation In the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland In the aforesaid County and State; that € know from my personal knowledge that the Goods and Services notice described as Case Number: NOT PROVIDED RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES National Joint Powers Alliances (Njpa); Sid Location Staples, MN, Cass County; Due 0310112017 at 04:30 PM a printed copy of which is hereto annexed, was published in the entire Issue of saki newspaper for 1 time(s) in the following Issues; 1/13/2017 NATIONAL JOINT POWERS State of Oregon County of Multnomah SIGNED OR ATTESTED BEFORE ME 0 THE 10th DAY OF April, 2017 Michelle p Notary Public -State of Oregon OFFICIAL STAMP SELAH MICHELE FARMER NOTARY PUBLIC - OREGON COMMISSION NO. 959961 MY COMMISSION EXPIRES FEBRUARY 27, 2021 Ginger Lino National Joint Powers Alliance 202 i2th St NE Staples, MN 56479-2438 ALLIANCE (NJPA) RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Proposal due 4:30 .m., March 1, 2017 REQUEST FOR PROPOSALS The National Joint Powers Alliance® (NJPA), en behalf of NJPA and its current and potential member agencies. which Includes all governmental, higher education, K-12 education, notdor-profit, ldbat government, and all other public agencies located in all fitly slates, Canada, end Internationally, leaves lhls Request For Proposal (REP) to result In a national contract solution for the procure- ment of 8030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCES- SORIES, AND SUPPLIES. Detans of this RFp are avaitable beginning January 12, 2017. Detats may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Sox 219. Staples, MN 56470, or by e-mail al RFPOnloecoop4[g. Proposals will be received unlit March 1, 2017 at 4:30 p.m. Central Time at the above address and opened March 2, 2017 at 8:30 a.m. Central Time. Please see who thls pertains to here: Ilt l o:/lww w. nip e_c000. oral pregon-adyertlsing Published Jan. 13, 2017, 11247616 Order No.: 11247616 Client Reference No: RFP #030117 Page 261 of 408 THE STATE MEDIA CO,, INC. Columbia, South Carolina publisher of tAtate STATE OF SOUTH CAROLINA COUNTY OF RICHLAND Personally appeared before me, Allison Branham, Sales Operations Supe of THE STATE, and makes oath that the advertisement, The ileltonllJdflf . Moe ceat Ia1PA1. i.l• NJPA and ltm dun** d pol$N1N irmirK•tR mmexaMop. nal4or turd, tribal wwyemmad, and se Ow pudic agendas Weald Ml eta CeilAdd, and ink 11600S thl Redeem! F.or Prepasel (RFP} le raadi Ina mlloa4 mitred aolutlm IN fM, Wonrremenl N 1030117 • RECREATION AND PLAY. .-'.• + tiROVNO EQ 1ENi,'AGOES, SONEB, AND OUPFUE$.17 e*Dr Jar wry4hoFP 281 wx51rocfleet10 xl- MWA �.�tli1 s1R1al ttol m}p . p.l 2111; p1M tlri, 70,abrrmwa1RFP/1i. 66OA% oe�dur, M61th,;qJ7.da:3 ;, p.m.rCer�rel Typo aleie about ad• dress and opened lMtch 2, 2017 ek 8.30 am. Gill* `;• 2s72Ete REQUEST FOR PROPOSALS The National Joint Powers Alliance®(NJPA), on behalf of NJPA a'„ current and potential member agencies, which includes all governmental, higher educatlon, K-12 educdllui I, not -for -profit, tribal government, and all other public agencies located In all fifty states, Canada, and internationally, issues this Request For Proposal (REP) to result In a national contract solution for the procurement of #030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. 0002672210 was inserted in THE STATE, a daily newspaper of general circulation published in the City of Columbia, State and County aforesaid, in the issue(s) of January 12, 2017 Allison Branham, Sales Operations Supervisor Subscribed and sworn to before me, Karen L. Book, on this day, January 16, 2017 My commission expires September 7, 2026. "A"- L Notary Public "Errors- the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occ7rpied by the item in error, and then only for the first incorrect insertion." Page 262 of 408 41 ld a. ,'D1lU YY. WEST VALLEY CITY, UTAH 84118 FED.TAX LD.B 87-0217663 801-204-6910 I )(.'sl.:11A Ness i; u1)r ni1 J ikr Tit1bune PROOF OF PUBLICATION CUSTOMER'S COPY CUSTOMER NAME AND ADDRESS NATIONAL JOINT POWERS ALLIANCE, Accounting Dept PO BOX 219 STAPLES MN 56479 ACCOUNT NUMBER 9001996962 DATE 1/12/2017 ACCOUNT NAME NATIONAL JOINT POWERS ALLIANCE, TELEPHONE 2188995483 PUBLICATION SCHEDULE START 01/12/2017 END 01/12/2017 ORDER 4 / INVOICE NUMBER 0001131963 CUSTOMER REFERENCE NUMBER #030117 CAPTION REQUEST FOR PROPOSALS The National Joint Powers Alliance (NJPA), on behalf of N SIZE 38 LINES TIMES 3 1 COLUMN(S) [TOTAL COST 87.46 REQUFST FOR PROPOSALS Tiia No?jpn((el Jake Powers hallf of NJPAP006 lls -- rent and polenlla3 member agerkles, Meth Mcldes cli QOY6r747 ral, hl6qoor oduoallon, K-12 edat,flon, rot-tar-protlr lrill01 ggaarr sent, ncle 0IF olper ollllpublic stoles ��C toaoda and Inlemnllonally, Issues shls Request For .Propbsol IRFP) to rerun In nollen- al mnrraol so1non For the 9r�oc o f of #O3ol 1 GROUND easeMfl PwC CESSORIES AND SUP1'VES. aO Damns- �b0639InRPpPlmsu ory 12, 2017. Dolalls may be onlm,od by I r f- rogot o,ro Jolsolhodhoh 'S06vs, NIPA, 202 12n1 21r 9e'S l a pel s b 1skNP 56479 ofrr 6y -moil OF RFP@r Twilltac be.o etelre i II1 -Mor6h 1, 2017 at 4,30 p. !m. Central Time 'at the • above address arsd [opened 2017 a' 3o0 Central Time.'1131963 IIPACLP.. AFFIDAVIT OF PUBLICATION AS NEWSPAPER AGENCY COMPANY, LLC dba UTAH MEDIA GROUP LEGAL BOOKER, 1 CERTIFY T1-IAT THE ATTACHED ADVERTISEMENT OF REOUEST FOR PROPOSALS The Nntional Joint Powers Alliance (NJPA), on behalf of N,ll'A and Its current and potentlnl member agencies, which includes nit government FOR NATIONAL JOINT POWERS ALLIANCE, WAS PUBLISHED 13Y THE NEWSPAPER AGENCY COMPANY, LLC dba UTAH MEDIA GROUP, AGENT FOR DESERET NEWS AND THE SALT LAKE TRIBUNE, DAILY NEWSPAPERS PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAI-I, AND PUBLISHED IN SALT LAKE CITY, SALT LAKE COUNTY IN THE STATE OF UTAH. NOTICE IS ALSO POSTED ON UTAHLEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION DATE AND REMAINS ON UTAHLEGALS.COM INDEFINATELY. COMPLIES WITH UTAH DIGITAL SIGNATURE ACT UTAH CODE 46-2-101; 96-3-104. PUBLISHED ON Start 01/12/2017 End 01/12/2017 DATE 1/12/2017 STATE OF UTAH 1 COUNTY OF SALT LAKE 1 SIGNATURE 79 1 SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 12TI1 DAY OF JANUARY IN THE YEAR 2017 BY ANN DARTNELL VIRGINIA CRAFT NOTARY PUBLIC - STATE OF UTAH My Comm. Exp. 01/1212018 Commission # 672963 Page 263 of 408 USA TODAY THURSDAY, JANUARY 12, 2017 LIFE 5D BOOK BUZZ NEW ON THE LIST AND IN PUBLISHING In the kitchens with Oprah: Oprah Winfrey is counting numbers these days: pounds (she's lost more than 40) and SmartPoiuts (she's on Weight Watchers). Here's another: No. 4. That's where the famous dieter's first cookbook, Foad, Health and Happiness, lands on USA TODAY's Best -Selling Books list. In her new book, Winfrey, a Weight Watchers investor and spokesperson, offers "115 On - Point Recipes for Great Meals and a Better Life." Each recipe gives Smart- T ell- Points and calo- a: �-on rice, but it's not an official tirs�sn j Weight Watch- ers cookbook. ..'; Winfrey's TV appearances to launch Fond included chat- ting with bestie Gayle King on CBS This Morning and heating up the kitchen dur- ing a cooking demo with Stephen Colbert, They whipped up her book's "SexyBreakfast," basically scrambled eggs with salsa. In 1994, In the Kitchen lvith Rosie: Oprnh's FervoriteRecipes, by her personal chef, Rosie Daley, was No,1 for 16 straight weeks. Jocelyn McClurg USATODAY BESTSELLING BOOKS BOOKLISTUSATODAYCOM THE TOP 10 1 — Mistress Danielle Steel 2 2 3 7 rl Ronkthisweek ❑ Ronklnstweek IRFoion INR NOMKnon Natasha Leonova, the mistress of Vladimir 6 — Below the Belt Stonlslas, longs fora life she cannot hove Stuart Woods with artist Theo Luca (F) (E)Delucarte The Lose Your Subtitle:"Change Your Gut,Change Your 7 Belly Diet Life' (NF) (H) Ghost Mountain Books Travis Stork A Dog's Purpose Dog searches for purposeos he's 8 W. Bruce Cameron relncarnated several times (F) (P) Forge 4 — 5 24 Food, Health and Floppiness Oproh Winfrey Subtitle: 115 On -Point Recipes for Great Meals and a Better Life' (NF) (H) Flatiron Books Hidden Figures Margot Lee Shetterly 11 Hillbilly Elegy J.D. Vance 5 The Girl on the Train Paula Hawkins }Poperlx,ck 1HIHordcover 1E)E-baok W611sherinindict Stone Barrington helps a Friend with a request that involves a rising star; 40th In series (F)1E) G.E Przrnurn's Sons Subtitle:"A Memoir of a Family and Culture In Crisis" INF) (H) Harper Psychological thriller about the disappearance of a young married woman (F) (P)Rive head 9 15 A Man Called Ove Fredrik Backman A grumpy man finds his solitary world shattered when a young fomlly moves in next door (F) (P) )V shington Square Press The story of the black women mathemati- cians at NASA who helped launch the space race (NF) (E) lvllliam Morrow THE REST 10 9 Milk and Honey Rupl Kaur Poetry collection that Is divided into four chapters that explore four pains (F) (P) AndrewslvlcMeel Publishing WHAT AMERICA'S READING® The book Itp appea,s every Thursday. stench 5Nle,theformat andrwblothor listed Pre for the beslxelg versbn of that tine this week Reporting outlets lndudeAnwzoncanx Nnoxon gndl¢-Domes& Noble com,Hareas Noble Inc, Barnes & Nobleebaoks. BooksAMNiwsconi, Hudson Booksellers, Munson pookscllers, Blanks neph.Mp!e.Inc] ok 1extagtoo, eookselInts nno CSoo ire. le land.nali, PiPburghl, nbo, n. Pittsburgh), Books (Pod Ore), Bo 1.000sl .1 Ore), Paxellleis,S hs Julios&Mo (ltnirooS ter Rooks &hW Ik €r3rPr,d Rapids, ad,Alpin ,Mich1, SchyRe erStor TootSio,elncn ri over Rank Slac lnenva4- 11 12 13 14 15 6 — 3 17 — The Whistler/John Grisham Distant Shores/Kristin Hannah The Princess Diarist/Carrie Fisher Lawyer Lacy Stoltz investigates a claim that a corrupt judge has gotten rich through a casino (F)(E)Doubledoy Daughter pteces together the story of her parents' lives and finds what is missing From her own (1)18)Ballnnrinc Memoir based on diaries Fisher kept during filming of 'Star Wars" (NF) (HI Blue Rider Ness Tools of Titans/11m Ferriss The Lost City of the Monkey God/Douglas Preston Includes the tactics, routines and habits at billionaires (NF) (H) Houghton M{Jjifn Harcourt Recounts the author's expedition to try to find a lost ancient civilization (NF) (E) Grand Central Publishing 16 18 Smolt Great Things/Jodi Picaull An experienced black nurse is asked by white supremacists not to touch their newborn baby (f)(E)BfRmltine 17 13 Cross the Line/James Patterson A murder in Washington draws both Alex Cross and his wife,Brea, Into the case (F) (E) Little, Brawn 18 36 The Whole30/Melissa HamNlg, Dallas Hartwig Subtitle: 'The 30-Day Guide to Total Health and Food Freedom' (NH (HI Houghton MF]Iin Harcourt 19 65 You Are o Badass/Jen Sincero Subtitle: `How to Slop Doubting Your Greatness and Start living en Awesome Life" (NF) (P) Running Press 20 26 Killing the Rising Sun/Bill O'Reilly, Martin Dug ard Subtitle:"Haw America Vanquished World War II Japan" (NF) (H) Henry Holt end Co. 21 4 No Man's Land/David Boldacci John Puller investigates the murder of his own mother 30 years earlier (F) (E) Grand Central Publishing 22 23 The Underground Rallroad/CotsonWhitehead Teenage slave Cora moves between safe havens in a bid for freedom in the 1650s(F)(H)Daubledey 23 16 Two byTwo/Nkhoias Sparks Ad mon Russell Green finds himself jobless and a single father to a 6-year-old (F) (H) Grand Central Publishing 24 22 Double Down; Diary of Wimpy lid/Jeff Kinney Youth:Greg Heffley and his friend, Rowley, decide to make a scary movie; llth in series (F) (H) Amulet Books 25 94 Jesus Always/Sarah Young Subtitle:"Embradng Joy In His Presence" (NF) (H1 Thrones Nelson 26 — Mulberry Moon/Catherine Anderson Ben Sterling tries to settle down afterhls rodeo cereerwith new cafe owner Sissy Sue Bentley, third In series (F)(P) Jove 27 58 The Life -Changing Magic of Tidying Up/M. Kondo Subtitle: "TheJapaneseArt of Decluttering and Organizing" (NF) (H) Ten Speed Press 28 — An Invisible Thread/Laura Schroff, Alex Trexniawski The story of an 11-year-old panhandler and a busy sales executive (NF) (E) Howard Books 29 80 The Whole30 Cookbook/MellssoHartwig Includes 150 recipes to help succeed with the Whoie30 diet (NF) {H) Houghton Mifflin Harcourt 30 14 Wishful Drinking/Carrie Fisher Based on the actress' one -woman show about drug addiction, mental illness and "Hollywood Ili-breeding"{NF) (E) Simon & Schuster MARKETPLACE TODAY for advertising information:1.800.397.0070 wwwrusselljohns.comlusat NOTICES PUBLIC NOTICE The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of 4030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSOR€ES, AND SUPPLIES. Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 121h Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFPenjpacoop.org. Proposals will be received unfit March 1, 2017 at 4:30 p.m. Central Time al the above address and opened March 2, 2017 at 8:30 a.m. Central Time. ADVERTISE HERE USA TODAY Marketplace CaII Us! 800-397-0070 PUBLIC NOTICE The National Joint Powers Alliance@ (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of 4030817 HVAC SYSTEMS, INSTALLATION, SERVICE WITH RELATED PRODUCTS AND SUPPLIES. Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 21R, Staples, MN 56479, or by e-mail at RFPfnjpacoop.org. Proposals will be received until March 8, 2017 at 4:30 p.m. Central Tirne at the above address and opened March 9, 2017 at 9:00 a.m. Central Time. SET YOUR APART. Advertise with USA Udall 800-397-0070 PERSONALS Make a Connection. Talk to Sexy Singles FREE nowt Call 800.945-3147 sww.livellnks-cam le+ PERSONALS Judith Ellen (vaneermark) King f am proud la say, yet humbled, by the fact that you ware my rite partner and hest friend since 2009 You are the Kindest. most caring. wonderful pa Mar, and friend have known. I wish I hadn't taken so much far granted. I rove you, and miss you terribly Judi.Yours Always, Chrislopar Terry Bassett BUSINESS BUSINESS OPPORTUNITIES MASSIVE WEALTH hula a pnea Limns h 12 rats 101 Ira, R.kxn4sart,e55erasr,.r,A1p v1l Cell 800.488.9954 (24 hrsj Visit us online at: usatoday.com To view more Classified listings, visit: www.USATODAYCIassifieds.com% I MARKETPLACE HEALTH/FITNESS VIAGRA Claus. LEVITRA STA1(YR • PROPECIA&MORE • FDA•ApprouedMedications • U.S. Licensed PBarmades OVERNIGHT SNIPPING AVAILABLE 800-551-0352 VIAMEEDIC.COM Additional online listings are availatlle on d assl lleds.usa today.00m NOTICES _] PUBLIC NOTICE MISSING YOVANY TORRES DOB: Sex: Male Dec 27, 2601 Rase: Missing: Hispanic Apr 10, 2016 Hairs Brack Age How: 15 Eyes: Brown From: Greenville, KY NATIONAL CENTER FOR MISSING a EXPLOITED CHILDREN 1.800•THE-EAST PUZZLES CROSSWORD BY George Barony REVOLUTION ACROSS 1 Recipe direction 5 Stroke gently 8 Casaba or Crenshaw 13 Light as a feather 14 Visibly terrified 15 .jpg or ,gif file contents 16 Drive to nowhere to particular 18 Lego brand for toddlers 19 we there yet?" 20 Org. with HQ 1 2 3 4 69 9 10 iS f1 3 r 14 14 17 14 19 Mr 29 21 22 illil23 24 31 iiiii 32 33 24 26 ii 14 27 14 30 34 35 36 37 34 39 40 44 1111111 61 52 46 43 Ai IS 146 4? 46 ■60 63 44 m2 Report puzz eproblems to us.at eedback@usatoday,com or 1-800-872.7073 WORD ROUNDUP By David L. Hoyt and Jeff Knurek Find and Circle: Five wards starting and ending in R Four oceans Three professions ending In R Neighbor of Chile Soft drink: —__ ale Wednesday's answer. SOAP HEAP LEAP REAP CAP MAP LAP / EXIST MIST RUST FIST BUST PEST MUST /STREAM CREEK BROOK RIVER / QUEEN KING JACK / FORTE QUICRCROSS ByJohn Wilmes al anakis of"Keeping U. With theloneses" Fisher of 'Weeping U. WiththeJoneses" 1/12 NGERYRLCCN U THOR I I AR Rye MTETF I EA °°°❑° E E K'\R CYN I DVYT ❑❑❑1RG J OWACN I CHH ©OV N D A L A I RVJZE AL I L TPARCT I C R ®H G A R G E N T I NAY UP & DOWN WORDS Bybavid L,Hoyt and Russell L. Hoyt 1/12 1, ARRIVE www.nipacoop.org Proposal Opening Witness Date of opening: March 2, 2017 National Joint Powers Alliance 202 126 Street NE P,O, Box 219 S aples, MN 56479 The witnesses signed below hereby witness they were present on the above date and in witness of the public opening of all responses received to the Request For Proposal 4030117 for the procurement of RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Proposals are evaluated first on level -one responsiveness, then on the other criteria included in the RFP. Level -one responsiveness requires, among other things, that the response be received before the deadline for the submission and that the response include completed copies (with signatures) of the requested forms, Responses were received from the following: All -American Arena Products -- received 2/28/17 at 1:30:57pm Proposer deemed responsive American Ramp Company — received 2/28/17 at 11:39:39am Proposer deemed responsive Proposer deemed responsive BCI Burke Company, LLC — received 2/28/17 at 11:38:52am Proposer deemed responsive Becker Arena Products, Inc. — received 3/1/17 at 12:59:38pm Proposer deemed responsive Clearspan Fabric Structures International, Inc. (CSFSI) — received 2/23/17 at 11:41:50am Proposer deemed responsive CXT Inc — received 2/27/17 at 11:36:50arn Proposer deemed responsive Designline Products Group — received 3/1/17 at 12:37:49pm Proposer deemed responsive DuraPlay, Inc. — received 3/1/2017 at 12:50:03pm Proposer deemed responsive Certificate of Insurance — not provided Electronic copy — not provided ExoFit Outdoor Fitness — received 3/1/17 at 12:50:51pm Proposer deemed responsive FlexGround, LLC — received 2/27/17 at 11:08:05am Proposer deemed responsive Frank J. Zamboni & Co., Inc. — received 2/28/17 at 11:39:13am Proposer deemed responsive Form F — not signed Cerificate of Insurance — not provided Greenfields Outdoor Fitness, Inc. — received 2/28/17 at 11:38:26am Proposer deemed responsive Cerificate of Insurance — not enough coverage provided Landscape Structures Inc. — received 3/1/17 at 1:56:11pm Proposer deemed responsive Page 265 of 408 www.njpacoop.org North West Rubber — received3/1/17 at 1:46:47pm Proposer deemed responsive Parkitect, LLC — received 3/1/17 at 11:45:59am Proposer deemed responsive Playcraft Systems — received 2/28/17 at 10:43:29am Proposer deemed responsive P1ayPower, Inc. — received 2/28/17 at 11:38:46am Proposer deemed responsive Poligon by PorterCorp — received 2/28/17 at 11:46:36am Proposer deemed responsive Public Restroom Company — received 3/1/17 at 12:51:09pm Proposer deemed responsive Rain Drop Products, LLC — received 2/28/17 at 11:39:02am Proposer deemed responsive RCP Shelters, Inc. — received 2/28/17 at 11:39:22am Proposer deemed responsive RubbeRecycle, LLC — received 2/27/17 at 11:08:09am Proposer deemed responsive School Specialty, Inc — received 2/28/17 at 10:44:09am Proposer deemed responsive Shade 'N' Net — received 2/27/17 at 11:36:56am Proposer deemed responsive Shade Systems, Inc. — received 2/28/17 at 10:43:59am Proposer deemed responsive Forth D — not provided Sof Sufaces, Inc. — received 2/28/17 at 10:43:39am Proposer deemed responsive Spohn Ranch, Inc. — received 2/28/17 at 11:39:31am Proposer deemed responsive Surface America -- received 2/28/17 at 11:38:19am Proposer deemed responsive The Fibar Group, LLC — received 3/1/17 at 2:42pm Proposer deemed responsive TriActive America — received 3/1/17 at 9:54:02am Proposer deemed responsive Cerificate of Insurance — not enough coverage Vortex USA — received2/24/17 at 11:46:10am Proposer deemed responsive Waterplay Solutions Corp. — received 2/27/17 at 11:36:43am Proposer deemed responsive National Joint Powers Alliance' 202 12111 S1n of NF P.O. Box 2 19 51aples, MN 56479 Proposers that are deemed level -one responsive must provide any mussing documentation within a reasonable time in order to remain responsive. Respondents must not provide additional substantive information when sending this mussing documentation. Page 266 of 408 www.njpacoop.org WITNESSE: Jonathan Ya ontacts and Compliance Manager, NJPA �o Chris Robinson, Contracts and Compliance Lead Analyst, NJPA Gregg Meierhofer, CPPO, ontract Procurement Analyst, NJPA Ginger Lin C B, SenioF Contract Procurement Analyst, NJPA Kiln, Austin, Contract Procurement Analyst, NJPA Shci a isto ersen, Procurement Support Specialist, NJPA National Joint Powers Alliance' 202 12th Street NE P.O, Box 219 Stoples, MN 56479 Page 267 of 408 P4pelt4 1.1 'oMlVana lo23165. acwnent409n 67144 •' a.lry ♦5 Form G Recreation and Playground Equipment, Accessories, and Supplies 21J46.6766Ann4 Prod..-kaMan n.P.P Cnm44m3 etl 6vr4a Callo450. L LC 5.0L4e00 4Pndaa4.4a. 644.P6n Falk SWCNra4 41e7,4044141, 5,1657611 Cl4750 e,.ynen. Product. 34w5 04n4147 Inc. 5so360,4600766n44 .4.2r5.6,LLC inn6 AZuntal LCa,h4e 13 42 41 43 42 42 39 Tr 46 41 33 301 324 313 304 313 375 296 253 221 a21 322 57 W W 60 @I 59 60 49 52 54 61 76 83 72 40 90 T1 et 64 61 62 46 41 42 41 l3 31 31 64 43 et 83 63 62 62 62 66 52 55 56 63 41 34 13 41 41 43 41 30 It 41 41 166 tan 133 172 154 159 151 145 134 155 361 163 521 151 569i 521 606 739 614 115 212 605 let, 7: 1' 3 ._ r1_ ]' .l. /2, I1 75 •role• 01 .a111, :5ry 1 udlr. Wet... Pion aM Nld1d 614Ry1.4 1 mnry r7n9n Alm lien 6 66,44M114.41 46rred 414166564 296 Pn5r164 P5NAa UMW. ea olkirlan. 10 Include ,.nwxa,44 ual 4 5.4 Ske .1667$6664 ... n46114151506tdaaa 711644416c L4444cap4514114355 We N0nh 1644110I151547 6464♦69t4e P4K565y41em3 16467mn466r. P60670 6e P966406.5 665646446666 C46e6166 6a16 Drop Prodoot.. FIG RCPsh. 1 N656.6.67610,LLC 39 606 42 311 42 326 4440 323 304 46 316 464i 336 400 41 33i 41 313 40 616 61 59 62 60 54 64 61 59 61 61 et Ts 76 02 64 24 90 74 69 W ' 66 61 42 62 42 e2 43 W 37 53 m 62 41 69 44 66 0 63 41- 65 41 63 , 53 43 43 46 44 69 44 41 42 44 41 46 153 271 IN BM 146 303 110 715 163 Tbl 164 556 III 147 739 166, 624 141 Tt3 166 566 400 161 56 209 Penm.Pa4n 65.0 4661016 664 6.666.514.5. Pa4a4tH51nlry 1dd,r46a1y4 0.31 445444 Cam44c1114114 = 100 Itixt•: Ran 56 210.F6454ded nn949 and lormallonn 30 rya o11664 and SaMa4e 6errd uw4 E980 241,0641177714174.146 Shade VW 56645261673n. SMSWw.t'c 5ps11.114646,46r_ 5u41.456n.n64 The Rao 57066,LLS 'T6Aa6n M46c3 74644cu W44,p4659165144 tog. 39 315 39 301 33 393 44 316 47 336 Si 315 31 321 16 236 41 294 41 305 63 61 56 67 66 60 61 37 66 64 77 71 66 52 79 64 62 71 66 60 36 Si 40 61 31 64 44 63 45 66 43 26 36 60 39 60 42 53 44 62 41 47 43 11 43 45 42 36 43 41 167 155 141 766 143 741 1E6 LIT 138 641 163 T13 151 793 1. 730 111 762 136 161 Jr Glnp e, CPPB, NJPA Keith Hanson, CPA, NJPA Rim Austin, PUPA Chris Robinson, NJP�'.. Gregg jI(6iernofer, CM'4, NJPA Page 268 of 408 COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #030117 Entitled RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES The following advertisement was placed in Oregon's Daily Journal of Commerce on January 13, 2017, in South Carolina's The State on January 12, 2017, in Utah's The Salt Lake Tribune on January 12, 2017, in USA Today on January 12, 2017, and on the NJPA website www.nlpacoop.org, Onvia website www.onvia.com, Notice to Bidders website www.noticetobidders.com, PublicPurchase.com, Merx, and Biddingo: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@nfpacoop.org. Proposals will be received until March 1, 2017 ,at 4:30 p.m. Central Time at the above address and opened March 2, 2017,at 8:30 a.m. Central Time. RFPs were requested by and distributed to: ABC Recreation Ltd. Minnesota Wisconsin Playground Active Playground Equipment Inc. Motorworks Clean Vehicles All -American Arena Products My Turn Playsystems American Ramp Company National Cooperative Leasing Anchor Industries Inc. National Playground Athletica Sport Systems Inc. New World Park Solutions Inc. A -Turf, Inc. No Fault Sport BCI Burke Company North West Rubber BeachTech Beach Cleaners Park N Play Design Becker Arena Products Parkitect Bliss Products & Services Playcraft Systems Blue Imp Playground Guardian Champlin Tire Recycling, Inc. Playgrounds-R-Us CIMCO Refrigeration Inc. PlayPower Clearspan Fabric Structures International Inc. Playtime Commercial Recreation Specialists Playtopia, Inc. Construction Industry Center Poligan by PorterCorp Contractor Plan Center Prime Vendor Inc. 202 12tStreet NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Page 269 of 408 COSTARS Program Public Restroom Company Crouch Recreation Rain Drop Products CXT - LB Foster RCP Shelters, Inc. D&D Products, Inc. Redding Construction DAS-EGS Procurement Services Restroom Facilities Ltd. Designllne Products Group Resurface Corp. Diversified Metal Fabricators Rink Systems, Inc. DuMor, Inc. Rubberecycle, LLC DuraPiay, Inc. School Specialty Dynamo Playgrounds Shade 'N Net Empex Water Toys US Office Shade Systems, Inc. Euclid Infotech Sinclair Recreation ExoFit Outdoor Fitness SNA Sports Group Fitness Mechanics Inc. SofSurfaces, Inc. FiexGround, LLC Southern Bleacher Company Foreverlawn GTA Spartan Fitness Fountain People Splash Zone Greenfields Outdoor Fitness Spohn Ranch Grounds for Play, Inc. State of Massachusetts Henderson Recreation Equipment Limited State of New York Icon Marine Services Ltd. Superior Recreational Products icon Shelter Systems, Inc. Surface America ivy Tech Community College - Lafayette The Fibar Group JJV Rubber Mulch LLC TriActive America Lakeshore Learning Materials Vancouver Regional Construction Association Landscape structures Vortex Leesburg Concrete Wabash Valley Manufacturing Legend Fitness Waterplay Solutions Corporation Leisure Craft, Inc. Weedoo Greenboat Inc. Lyra de Asis Zamboni Major Display, Inc. Zeager Bros., Inc. Proposals were opened on March 2, 2017, at the NJPA offices located at 202 12th Street Northeast in Staples, Minnesota 56479, from the following: All -American Arena Products American Ramp Company BCI Burke Company, LLC Becker Arena Products, Inc. Clearspan Fabric Structures International, Inc. (CSFSI) CXT Inc Designline Products Group DuraPlay, Inc. ExoFit Outdoor Fitness FlexGround, LLC Frank J. Zamboni & Co., Inc. Greenfields Outdoor Fitness, Inc. 202 120, Street NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Page 270 of 408 Landscape Structures Inc. North West Rubber Parkitect, LLC Piaycraft Systems PlayPower, Inc. Poiigon by PorterCorp Public Restroom Company Rain Drop Products, LLC RCP Shelters, Inc. RubbeRecycle, LLC School Specialty, Inc Shade 'N' Net Shade Systems, Inc. Sof Surfaces, Inc. Spohn Ranch, Inc. Surface America The Fibar Group, LLC TriActive America Vortex USA Waterplay Solutions Corp. Proposals were reviewed by the Proposal Evaluation Committee: Ginger Line, CPPB, NJPA Senior Contract Procurement Analyst Keith Hanson, CPA, NJPA Accounting Manager Gregg Meierhofer, CPPO, NJPA Contract Procurement Analyst Kim Austin, NJPA Contract Procurement Analyst Chris Robinson, JD, NJPA Lead Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee used the established NJPA RFP evaluation criteria and determined that all proposal responses met Level -One and Level -Two Responsiveness and were evaluated. American Ramp Company offers turn -key solutions for sports park development, including skate and bike parks, pumptracks, bike trails, and bicycle playgrounds. Their products are available in a variety of materials, including concrete, steel, wood, composite and fiberglass. American Ramp Company proposes a significant discount off of factory - direct pricing and has a demonstrated ability to serve NJPA members across the US and Canada. Becker Arena Products, Inc., is the provider of a comprehensive selection of ice arena products as a manufacturer and/or distributor. The products are offered in a variety of grades to fit Members' needs and budget requirements. Becker Arena Products' pricing model provides significant discounts from list price and is in an easy to use format. Clearspan Fabric Structures International, Inc., provides rigid frame, membrane covered, structures that are available in a wide variety of widths and lengths and several foundation options. They have the ability to install and service their fabric structures In all US States and Territories, as well as Canada. Clearspan offers its structures, engineering services and installation services at a substantial discount from MSRP, reflecting a strong value to NJPA Members. 202 12tStreet NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Page 271 of 408 CXT, Inc., manufactures, ships and installs a broad line of concrete structures for restroom, shower, concession and utility purposes in the US and Canada. They offer a variety of sizes and designs, with options to customize the structure to meet Members' needs. CXT's pricing model includes a substantial discount from Standard Commercial Price and offers a pricing worksheet that is easy to use and brings clarity to the ordering process. Frank J. Zamboni & Co., Inc., supplies industry leading ice resurfacing and ice edging equipment, and related accessories. Their network of dealers and distributors serves all of North America. The Zamboni pricing model offers a discount off of list price and is within the competitive range. Landscape Structures, Inc., offers a broad range of equipment options and complementary product lines, including standard and custom playground equipment, shade, surfacing, outdoor sports and fitness equipment, site amenities, skateparks, and aquatic play solutions. They also offer turnkey services for design and site consultation, installation, and construction services. Landscape Structures has a solid sales and service network in the US and Canada and offers significant discounts off list price for its products, with additional volume discounts available. North West Rubber provides rubber playground tile and recreation -related flooring in a variety of fall height certifications, colors, and styles. The products are backed by a solid warranty and are offered at a substantial discount off MSRP pricing. North West Rubber is represented by forty-five dealers in the US and nineteen dealers in Canada to serve Members' needs across North America. PlayPower, Inc. is the manufacturer of a comprehensive line of playground equipment, park and site amenities, fabric shade structures, outdoor fitness equipment, surfacing, docks, and lift systems for a variety of watercraft. The products and services are offered through a network of over 700 sales representatives, distributors and dealers to serve Members throughout the US and Canada. PlayPower's pricing is clear, easy to use and offers significant discounts from list price. Poligon by PorterCorp offers a turn -key solution for the design, engineering, and manufacturing of open air structures, including steel, wood and fabric structures. The options for standard, modified and custom products allow Members to satisfy site -specific requirements and shelter needs. Poligon provides pricing discounts on products and installation within the competitive range, with additional volume discounts available. Rain Drop Products, LLC, offers an impressive, turnkey solution for the design and installation of equipment to meet Members' aquatic play and decorative fountain needs. Service contract options include annual start up and shut down ("winterization") service and preventative maintenance service packages. Rain Drop's pricing proposal is complete, easy to use, and offers substantial discounts from MSRP on all products and services. RubbeRecycle, LLC, is the manufacturer of rubber surfacing products Including rubber mulch, tiles, poured -In -place and mats. They have a nationwide network of dealers and offer solutions for playground, aquatic and sports flooring applications. RubbeRecyle's pricing model is based on a discount from MSRP and falls within the competitive range. Sof Surfaces, Inc., offers interlocking rubber tile playground surfacing and complementary products that carry an impressive limited lifetime warranty, The products come in a variety of thicknesses, several standard colors, and are also available in premium custom colors. Sof Surfaces proposal includes a turnkey installation service that is available across the US and Canada. Their pricing is clear and easy to use with a significant discount from MSRP. Spohn Ranch, Inc., provides a comprehensive selection of skate and action park equipment, skateparks, and on -site skatepark construction, including design and build services. They offer pre -cast concrete skateparks, poured -in -place concrete skateparks, hybrid and modular skatepark equipment, along with installation, maintenance, and management 202 12',Street NE • P.O. fax 219 • Staples, MN 56479 • www.njpacoop.org Page 272 of 408 services. The Spohn Ranch pricing proposal includes a substantial discount off MSRP and reflects a strong value for Members. For these reasons, the NJPA Proposal Review Committee recommends award of NJPA Contract 11030117 to; American Ramp Company 030117-ARC Becker Arena Products, Inc. 030117-BAP Clearspan Fabric Structures international, Inc, ‘CSFSI) 030117-CSS CXT Inc 030117-CXT Frank J. Zamboni & Co,, Inc. 030117-FZC Landscape Structures Inc. 030117-LSI North West Rubber 030117-NWR PlayPower, Inc. 030117-LTS Poiigon by PorterCorp 030117-PPC Rain Drop Products, LLC 030117-RDP RubbeRecycle, LLC 030117-RBR Sof Surfaces, Inc. 030117-SFS Spohn Ranch, Inc. 030117-SRI The preceding recommendations were approved on April 14, 2017, Ginger -irffe,JPPB, Senio ct Procurement Analyst 7,./7Q,Laipe.esz., Keith Hanson, CPA, Accounting Manager Gregg Meier ofer CPPO, Cont Kim Aus ct Procurement Analyst Procurement Analyst ris Robinson, JD, Lead Analyst 202 12th Street NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Page 273 of 408 Regular Meeting Minutes of the NATIONAL JOINT POWERS ALLIANCE® Board of Directors Tuesday, May 16, 2017 Conference Room 3 202 12th St. NE, Staples, MN 56479 Chair Wilson called the Regular Board meeting to order at 5:50p.m. with the following members present: Barb Neprud, Mark Gerbi, Mary Freeman, Scott Veronen, Greg Zylka, Ryan Thomas, and Mike Wilson, Also present were Jon Radermacher, City of Little Falls and Chris Lindholm, Pequot Lakes School District, Ex-Officios; Chad Coauette, Susan Nanik, Misty Myers, Paul Drange, Jeremy Schwartz, Mike Carlson, Jamie Loken, Jim Kane, Bev Hoemberg, Michelle Barrett, and Deb Cervantez, NJPA staff. Mr. Zylka moved, seconded by Mr. Gerbi to accept the agenda as amended, Motion carried. Mr. Thomas moved, seconded by Ms. Neprud to accept the minutes of the Annual Board Retreat and Regular Board Meeting held on April 12-13, 2017. Motion carried. Mr. Carlson presented the monthly Financial Reports and budget update. Ms. Freeman moved, seconded by Ms. Neprud to approve the check register and Treasurer's Report of Cash, Revenues, and Expenditures and to pay all vendor disbursements #93110 to #93387. Motion carried. Ms. Freeman moved, seconded by Mr. Gerbi to approve all Wire Transfers #233 to #247. Motion carried. Mr. Zylka moved, seconded by Ms. Neprud to accept the Consent Agenda as follows: • Updated Membership Agreements Members added April 1-30, 2017 • Permission to solicit Group Basic and Voluntary Employee Benefit Products with Related Services Motion carried. Mr. Kane gave a day in the life of an NJPA employee presentation on his role as Business Development Administrator. Mr. Drange gave an update on Regional Programs. Ms. Nanik gave an update on the Facilities, Human Resources, and Marketing Departments. Mr. Carlson gave an update on the Finance, and Risk Management Departments. Mr. Loken gave an update on the Information Technology Department. Ms. Myers gave an update on the Legal and Government Relations Departments. Mr. Schwartz gave an update on the Cooperative Contract Purchasing and Procurement Departments. Mr. Schwartz gave an update on the following new contracts awarded in April as noted in Appendix A. Dr. Coauette presented the proposed revised Computer and Communication Use Policy for review. Page 274 of 408 Ms. Neprud moved, seconded by Mr. Zylka to approve the SFY2017 Application for Special Education Funds Statement of Assurances. Motion carried. Mr. Zylka moved, seconded by Mr. Gerbi to approve hiring: • Chris Robinson, Procurement Manager, effective May 8, 2017 • Ben Plante, Collaborative Service Worker, effective May 16, 2017 • Kelli Draper, IT Business Systems Analyst, effective May 30, 2017 Motion carried. Ms. Neprud moved, seconded by Mr. Thomas to open: • Contract Administrator II • Senior Education Consultant • Lead Procurement Analyst Motion carried. Mr. Zylka moved, seconded by Mr. Gerbi to approve the following position descriptions and open positions: • Manager of Government Relations • Director of Marketing • Network Engineer III • Marketing and Public Relations Lead Motion carried. Mr. Thomas moved, seconded by Ms. Neprud to approve 30 additional contract days for FY16-17 for Nan Records, Regional Low Incidence Facilitator. Motion carried. Ms. Nanik gave the staffing update. Dr. Coauette gave an update on the Strategic Reinvestment Committee. Dr. Coauette gave an update on MSC and National Cooperative Procurement Partners. Mr. Gerbi moved, seconded by Mr. Zylka to adjourn the meeting at 7:54 p.m. Motion carried. Page 275 of 408 NJPA CONTRACTS & COMPLIANCE DEPARTMENT BOARD ITEMS - May 2017 Requesting Board permission to Solicit the following categories: Group Basic and Voluntary Employee Benefit Products with Related Services Requesting Board permission to Re -Solicit the following categories: NEW CONTRACT. American Ramp Products 030117-ARC Recreation and Playground Equipment, Accessories and Supplies: Becker Arena Products, Inc. 030117-BAP Recreation and Playground Equipment, Accessories and Supplies: Clearspan Fabric Structures Intl, 030117-CSS Recreation and Playground Equipment, Accessories and Supplies: Frank J. Zamboni & Co., Inc. 030117-FZC Recreation and Playground Equipment, Accessories and Supplies: Landscape Structures Inc. 030117•LSI Recreation and Playground Equipment, Accessories and Supplies: North West Rubber 030117-NWR Recreation and Playground Equipment, Accessories and Supplies: Playpower, Inc. 030117-LTS Recreation and Playground Equipment, Accessories and Supplies: Poligon by PorterCorp 030117-PPC Recreation and Playground Equipment, Accessories and Supplies: Rain Drop Products, LLC 030117-RDP Recreation and Playground Equipment, Accessories and Supplies: RubbeRecycle, LLC 030117-RBR Recreation and Playground Equipment, Accessories and Supplies: SoFSurfaces, Inc. 030117-SFS Recreation and Playground Equipment, Accessories and Supplies: Spohn Ranch, Inc. 030117-SRI Recreation and Playground Equipment, Accessories and Supplies: Carrier Corporation 030817-CAR HVAC Systems, Installation, and Service with Related Products and Supplies: Johnson Controls, Inc. 030817-JHN HVAC Systems, Installation, and Service with Related Products and Supplies: Siemens Industry Inc. 030817-SIE HVAC Systems, Installation, and Service with Related Products and Supplies: New :ezlQcContracts' , State of Maryland HITT Contracting, Inc. MDOSGC01.031417-HCI State of Michigan Pe1GC MI01 W-041117-PGC State of Minnesota - Northeast/Iron Range (General Construction) Kaski, Inc. MN011R-042517-KAS Kraus -Anderson Construction Company MN02IR-042517-KRU The Jamar Company MN03IR-042517-JMR St YEAR RENEWALS Altec Industries, Inc. 031014•ALT "Public Utility Equipment with Related Accessories and Supplies" FuelEducat€on 101713-KVS "Curriculum and Educational Equipment, Related Supplies, Accessories and Services" Jacobsen, a Division of Textron 070313-JCS "Grounds Maintenance with Related Equipment, Accessories and Supplies" e:TQCRENEWALs - .,.' FHP Tectonics Corp. FLO1GC1-051716-FTC FHP Tectonics Corp. FLO4GC3-051715-FTC K-Con, Inc. FLO1GC3.051716-KCI it -Con, Inc. FLO2GCZ-051716-KCI K-Con, Inc. FLO3GC1-051716-KCI K-Can, Inc. FLOSGC1-051716-KCI Page 276 of 408 Sourcewell Formerly NJPA Iowa Legal References State Agencies: Iowa Code § 8A.312 (2017). Cooperative purchasing The director may purchase items through any agency specifically exempted by law from centralized purchasing as well as from other interstate and intergovernmental entities. The department shall collaborate and cooperate with the state board of regents and institutions under the control of the state board of regents, as provided in section 262.9B, and any other state agency exempt from centralized purchasing to explore joint purchases of general use items that present opportunities to obtain quality goods and services at the lowest reasonable cost. Local Governments: Iowa Code § 28E.3 (2017). Joint exercise of powers Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having such power or powers, privilege or authority, and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a public agency. About Sourcewell: Sourcewell is a service cooperative created by the Minnesota legislature as a local unit of government. Minn. Const. art. XII, sec. 3. As a public corporation and agency, Sourcewell is governed by local elected municipal officials and school board members. Minn. Stat. § 123A.21 Subd. 4 (2017). Under its enabling statute, Sourcewell is explicitly authorized to provide cooperative purchasing services to eligible members. Id. at Subd. 7(23). Sourcewell follows the competitive contracting law process to solicit, evaluate and award cooperative purchasing contracts for goods and services. Sourcewell cooperative purchasing contracts are made available through the joint exercise of powers law to member agencies. Minn. Stat. § 471.59 (2017). Membership in Sourcewell is available for all eligible state and local governments, education, higher education and nonprofit entities across North America. § 123A.21 at Subd. 3. The information found on the Sourcewell website are provided for educational and informational purposes only.This information contained on the website, including any printed material derived from this website, Is not legal advice and no attorney -client or other contractual relationship is formed by access to this information.Information here may be out of date, obsolete, or otherwise inaccurate.Please consult with a qualified attorney regarding any questions. 202 12th Street NE I P.O. Box 219 I Staples, MN 56479 888-894-1930 I www.sourcewell-mn.gov Page 277 of 408 CITY OF WATERLOO Council Communication Resolution approving a Purchase Agreement with Spohn Ranch Skateparks of Los Angeles, California, in the amount of $358,977, in conjunction with the Riverside Skatepark Project, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description ❑ Spohn Ranch Proposal ❑ Riverside Skatepark Sourcewell RFP/Contract Riverside Skatepark Sourcewell Supplemental documents ❑ Iowa Legal References Sourcewell SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Date 1/14/2020 - 4:00 PM 1/15/2020 - 9:51 AM Resolution approving a Purchase Agreement with Spohn Ranch Skateparks of Los Angeles, California, in the amount of $358,977, in conjunction with the Riverside Skatepark Project, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager Request Council approve purchase agreement Spohn Ranch Skateparks of Los Angeles, California in the amount of $358,977.17 in conjunction with the Riverside Skatepark Project, and authorize the Mayor and City Clerk to execute said documents. The Leisure Services Commission recommends approval of this purchase agreement. This project provides for the construction of a new skatepark to replace existing park that was damaged beyond repair in the flood of 2016. The new skatepark will be located on Fairview Avenue next to Riverfront Sports Park diamonds #7 and #8. This Purchase Agreement was based on National Contract pricing through Sourcewell (formally the National Joint Powers Affiance) Contract # 030117-SRI, expiration 4/14/2021. See attachments for copy of Request for Proposal and other supporting documentation. This purchase is allowed under Iowa Code 28E.3: Joint Exercise of Power. $358,977.17 Black Hawk County Gaming Association $150,000 Otto Schoitz Foundation $100,000 Page 278 of 408 Policy Issue: G. O. Bonds $150,000 Cedarloo Skatepark Association $2,000 This project supports the Strategic Plan Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. Page 279 of 408 DESIGN. BUILD. COME TOGETHER. SPOHN RANCH SKATEPARKS SOURCEWELL PRICE PROPOSAL SOURCEWELL CONTRACT #030117-SRI SOURCEWELL MEMBER #2491 RIVERSIDE SKATEPARK - CITY OF WATERLOO, IOWA JANUARY 13, 2020 SPOHN RANCH TO PROVIDE: Labor, materials and equipment as follows for the scope of work detailed in the 100% Construction Documents and per Spohn Ranch's competitively -solicited Sourcewell Contract #030117-SRI: SCOPE OF WORK: SOURCEWELL PRODUCT CODE: SOURCEWELL PRICE: MOBILIZATION SP-1 $26,215.00 TEMPORARY FACILITIES -CONSTRUCTION FENCING, DUMPSTER, ETC. SP-2 $6,290.00 DRAINAGE SYSTEM SP-8 $8,964.00 ROUGH GRADING SP-9 $23,662.00 FINE GRADING SP-10 $8,976.00 SPECIALTY STEEL - HOT -DIP GALVANIZED ANGLE SS-1 $10,050.00 SPECIALTY STEEL -HOT -DIP GALVANIZED COPING SS-1 $3,900.00 SPECIALTY STEEL -NOT -DIP GALVANIZED GRIND RAILS S5-3 $2,730.00 CNC-CUT SCREEDS SS-4 $2,988.00 FIELD WELDING SP-15 $1,140,00 4' CONCRETE RADIUS WEDGE B252120 $11,728.00 2'-6" CONCRETE RADIUS WEDGE B252080 $9,291.00 2' CONCRETE RADIUS WEDGE B2060 $16,294,00 1'-6" CONCRETE RADIUS WEDGE B2030 $32,541,00 4' CONCRETE QUARTER -PIPE Q71120 $49,783.00 3'-6" CONCRETE QUARTER -PIPE Q71098 $7,159.00 1'-6" CONCRETE QUARTER -PIPE Q71060 $25,964.00 2'-6" CONCRETE STAIRS TR2080 $8,099.00 8" CONCRETE GRIND LEDGE LGO30-1 $8,512.00 10" CONCRETE GRIND LEDGE LG030-1 $4,256.00 1' CONCRETE GRIND LEDGE LG030-1 $4,256.00 1'-2" CONCRETE GRIND LEDGE LG030-1 $5,161.00 2' CONCRETE GRIND LEDGE LGO60-1 $12,140.00 2'-4" CONCRETE GRIND LEDGE LGO80-1 $5,952.00 CONCRETE FLATWORK CON-4 $48,760.00 STEPPING STONES SP-13 $3,939.00 FREIGHT ER-2 $3,048.00 PERFORMANCE & PAYMENT BONDS BOND $7,179.00 TOTAL PRICE: $358,977.00 I P 626-330-5803 I F 626-330-5503 I W SPOHNRANCH.COM E INFO@SPOHNRANCH.COM I 6824 S CENTINELA AVE, LOS ANGELES, CA 90230 Page 280 of 408 DESIGN. BUILD. COME TOGETHER, SPOHN RANCH SKATEPARKS EXCLUSIONS: • Prevailing wage • 3rd party testing/inspections • Permit fees • Taxes of any kind, with the exception of payroll taxes • Union labor requirements • Any work not expressly described in Spohn's scope of work CLIENT TO PROVIDE / PROVIDED BY OTHERS: Spohn requires the following to be provided by the Client or another third party. Spohn's proposal is expressly conditioned upon the following assumptions and any variance voids the quote. Spohn will not indemnify or accept any risk of loss related to the items set forth below. • Water access within 150' of skatepark footprint (minimum %" line with sufficient pressure/volume) • Power access within 150' of skatepark footprint (minimum two 20-amp circuits (110v)) • Construction staking • Demolition, clearing and grubbing • Landscaping, topsoil and site restoration • Parking lot bollards TERMS & CONDITIONS: The following terms are expressly part of this proposal and any subsequent agreement between Client and Spohn similarly shall incorporate these terms. In the event that no further contract is entered into, the terms set forth in the proposal shall constitute the entire agreement between the parties. • Project is tax exempt (Client Federal Tax ID ft42-6005327) • Acceptance of the work shall be commercially reasonable and expeditious • Failure to object to work within a reasonable time shall constitute deemed acceptance • Spohn shall have approval rights as to any initial project schedule, and all subsequent schedule changes • Spohn shall accept no risk of loss outside of its direct control • All discretion attributed to Client in any contract shall be subject to commercial reasonableness standard • Spohn shall not indemnify Client for losses not proximately and solely caused by Spohn • Spohn must approve any material increases in scope in writing including agreeing to an equitable adjustment of contract price and time changes in scope in writing • All modifications, waivers, alterations to be charged against Spohn must be written and signed by Spohn's authorized representative • Any increase In the price of raw materials anticipated to be used in Spahn's scope greater than ten percent (10%) occurring after execution of this proposal shall constitute a material changed condition necessitating an equitable adjustment to the contract price • The price contained in this proposal is valid for thirty days and may be accepted by issuance of a notice to proceed or any similar instruction whereby Client indicates desire to commence project. The price is further conditioned upon Client's delivery of all items outside Spohn's scope of work upon which Spohn's work may be predicated. • Payment terms — 20% upon mobilization, 40% upon 50% completion of scope of work, 35% upon 100% completion of scope of work, 5% within 30 days of completion of scope of work • Any payments not made according to terms will be considered delinquent and interest will accrue at the rate of 1.5% per month • Spohn shall have the right to cure any alleged default within a reasonable time I P 626-330-5803 I F 626-330-5503 I W SPOHNRANCH.COM E INFO@SPOHNRANCH.COM I 6824 S CENTINELA AVE, LOS ANGELES, CA 90230 Page 281 of 408 DESIGN. BUILD, COME TOGETHER. • Client acknowledges that Spohn Is not party to any organized labor agreements, Client agrees that Spohn will not be responsible or liable for any issues, injuries or damages, relating to labor peace, strikes, picketing or otherwise, regardless as to cause. Client agrees that delays related to labor issues shall constitute a contractual delay and entitle Spohn to additional time to perform for the length of the delay, and compensation for any additional costs incurred. These terms are material conditions to Spohn's willingness to provide a proposal to Client. In the event that other entities affect the site conditions adversely or impede the progress of the work, the Client shall be responsible for any additional costs • Any liability of Spohn which relates to the sale, manufacture, delivery, resale, installation or use of any goods sold by or furnished by Spohn, whether arising out of contract, negligence, strict tort, under any warranty or otherwise, shall be limited to Spohn's choice of the following: the repair of the goods; the replacement of the goods; the cancellation of the contract, return of the goods in question to Spohn, and Spohn's refund of the purchase price In no event shall Spohn's liability exceed the price of the specific goods upon which the liability is based In addition, Spohn shall not, under any circumstances, be responsible for special, consequential, or incidental damages such as, but not limited to, damage to or loss of other property; loss of profit, revenue or reputation; loss of capital; loss of purchased or replaced goods; or claims for delays, back charges, or loss of use • Spohn reserves the right to makes any corrections as necessary to typographic errors In the event of any action, sult, arbitration, or other proceeding of any nature is brought in connection with the payment terms related to these Terms and Conditions, any related agreement, or Spohn's provision of goods, services, products, or to recover any of Spohn's property ("Dispute"), the prevailing party shall be entitled to recover its reasonable attorney's fees, expert -witness fees, other litigation costs and fees (e.g„ deposition costs, trial preparation costs, etc.), and other costs and expenses of suit, judgment or award Any Dispute including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by the American Arbitration Association (AAA) pursuant to its Commercial Rules or by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the Award, allocate costs, reasonable attorney's fees, expert - witness fees, other litigation fees and expenses including the costs of arbitration to the prevailing party in accordance with the Attorney's Fees provision. Judgment on any arbitration award may be entered by any court of competent jurisdiction. • These Terms and Conditions are necessarily incorporated by reference into any other related agreement; Client agrees that Iowa law shall govern the relationship between the Client and Spohn to the fullest extent of applicable law including enforcement of any part of these Terms and Conditions or any other related agreement between or among Client and Spohn. • Each Term and/or Condition herein is severable in the event one or more provisions are unenforceable for any reason SPOHN RANCH, INC. I P 626-330-5803 I F 626-330-5503 I W SPOHNRANCH.COM E INFO@SPOHNRANCH.COM 6824 S CENTINELA AVE, LOS ANGELES, CA 90230 Page 282 of 408 DESIGN. BUILD. COME TOGETHER, SPOHN RANCH SKATEPARKS SOURCEWELL PRICE PROPOSAL SOURCEWELL CONTRACT #030117-SRI SOURCEWELL MEMBER #2491 RIVERSIDE SKATEPARK - CITY OF WATERLOO, IOWA PROPOSAL VALID FOR 30 DAYS FROM JANUARY 13, 2020 I AUTHORIZE THE PURCHASE OF THE PRODUCTS AND SERVICES FROM SPOHN RANCH INCLUDED IN THIS PROPOSAL ACCORDING TO THE SPECIFIED TERMS AND CONDITIONS. SOLD TO: SHIP TO: CONTACT: CONTACT: TELEPHONE: TELEPHONE: E-MAIL: E-MAIL: SPOHN RANCH REPRESENTATIVE: PURCHASE AUTHORIZED BY: DATE: I P 626-330-5803 I F 626-330-5503 I W SPOHNRANCH,COM E INFO@SPOHNRANCH,COM I 6824 S CENTINELA AVE. LOS ANGELES, CA 90230 Page 283 of 408 National Joint Powers Alliance® REQUEST FOR PROPOSAL for the procurement of RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES RFP Opening MARCH 2, 2017 j 8:30 a.m. Central Time At the offices of the National Joint Powers Alliance" 202 12th Street Northeast, Staples, MN 56479 RFP #030117 The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of`030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Details of this RFP are available beginning January 12, 2017. Details may be obtained by Ietter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 1, 2017* 4:30 p.m. Central Time at the above address and opened!March 2, 2017 at 8:30 a.m. Central Time. RFP Timeline January 12, 2017 Publication of RFP in the print and online version of USA Today, in the print and online version of the Salt Lake News within the State of Utah, in the print and online version of the Daily Journal of Commerce within the State of Oregon (note: OR entities this pertains to: http://www.njpacoop.org/oregon-advertising), in the print and online version of The State within the State of South Carolina, the NJPA website, MERX, Noticetobidders.com, PublicPurchase.com, Biddingo, and Onvia February 7, 2017 Pre -Proposal Conference (the webcast/conference call). The 10:00 a.m. CT connection information will be sent to all inquirers two business days before the conference Deadline for RFP questions Deadline for Submission of Proposals. Late responses will be returned unopened. Public Opening of Proposals. February 22, 2017 March 1, 20171 4:30 p.m. CT March 2, 2017 8:30 a.m. CT Direct questions regarding this RFP to: Jonathan Yahn at jonathan.yahn@njpacooporg or (218)895-4144. 1 Page 284 of 408 TABLE OF CONTENTS 1. DEFINITIONS A. Contract B. Proposer C. Sourced Good of Open Market Item D. Vendor 2. ADVERTISEMENT OF RFP 3. INTRODUCTION A. About NJPA B. Joint Exercise of Powers Laws C. Why Respond to a National Cooperative Procurement Contract D. The Intent of This RFP E. Scope of This RFP F. Expectations for Equipment/Products and Services Being Proposed G. Solutions Based Solicitation 4. INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. Inquiry Period B. Pre -Proposal Conference C. Identification of Key Personnel D. Proposer's Exceptions to Terms and Conditions E. Proposal Format F. Questions & Answers About This RFP G. Modification or Withdrawal of a Submitted Proposal H. Proposal Opening Procedure I. NJPA's Rights Reserved 5. PRICING A. Line -Item Pricing B. Percentage Discount From Catalog or Category C. Cost Plus a Percentage of Cost D. Hot List Pricing E. Ceiling Price F. Volume Price Discounts/ Additional Quantities G. Total Cost of Acquisition H. Sourced Equipment/Products/ Open Market Items I. Price and Product Changes J. Payment Terms K. Sales Tax L. Shipping 6. EVALUATION OF PROPOSALS A. Proposal Evaluation Process B. Proposer Responsiveness C. Proposal Evaluation Criteria D. Other Consideration E. Cost Comparison F. Marketing Plan G. Certificate Of Insurance H. Order Process and/or Funds Flow I. Administrative Fees J. Value Added K. Waiver of Formalities 7. POST AWARD OPERATING ISSUES A. B. C. D. E. F. G. H. Subsequent Agreements NJPA Member Sign-up Procedure Reporting of Sales Activity Audits Hub Partner Trade -Ins Out of Stock Notification Termination of a Contract resulting from this RFP 8. GENERAL TERMS AND CONDIITONS A. Advertising a Contract Resulting From This RFP B. Applicable Law C. Assignment of Contract D. List of Proposers E. Captions, Headings, and Illustrations F. Data Practices G. Entire Agreement H. Force Majeure I. Gratuities J. Hazardous Substances K. Licenses L. Material Suppliers and Sub -Contractors M. Non -Wavier of Rights N. Protests of Awards Made O. Suspension or Disbarment Status P. Affirmative Action and Immigration Status Certification SeverabiIity Relationship of Parties Q. R. 9. FORMS 10. PRE -SUBMISSION CHECKLIST 11. PRICE & PRODUCT CHANGE REQUEST FORM 12. APPENDIX A 2 Page 285 of 408 1 DEFINITIONS A. CONTRACT Contract means this RFP, current pricing information, fully executed Forms C, D, F, & P from the Proposer's response pursuant to this RFP, and a fully executed Form E ("Acceptance and Award") with final terms and conditions. Form E wiIl be executed after a formal award and will provide final clarification of terms and conditions of the award. B. PROPOSER A Proposer is a company, person, or entity delivering a timely response to this RFP. This RFP may also use the terms "respondent" or "proposed Vendor," which is interchangeable with Proposer as the context allows. C. SOURCED GOOD or OPEN MARKET ITEM A Sourced Good or Open Market Item is a product within the RFP's scope 1) that is not currently available under the Vendor's NJPA contract, 2) that a member wants to buy under contract from an awarded Vendor, and 3) that is generally deemed incidental to the total transaction or purchase of contract items. D. VENDOR A Proposer whose response has been awarded a contract pursuant to this RFP. 3 Page 286 of 408 2 ADVERTISEMENT OF REP 2.1 NJPA advertises this solicitation: 1) in the hard copy print and online editions of the USA Today; 2) once each in Oregon's Daily Journal of Commerce, South Carolina's The State and Utah's Salt Lake Tribune; 3) on NJPA's website; and 4) on other third -party websites deemed appropriate by NJPA. Other third -party advertisers may include Onvia, PublicPurchase.com, MERX, and Biddingo. 2^2 NJPA also notifies and provides solicitation documentation to each state -level procurement departments for possible re -posting of the solicitation within their systems and at their option for future use and to meet specific state requirements. 3 INTRODUCTION A. ABOUT NJPA 3.1 The National Joint Powers Alliance® (NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership and participation includes states, cities, counties, all government agencies, both public and non-public educational agencies, colleges, universities and non-profit organizations. 3.2 Under the authority of Minnesota state laws and enabling legislation, NJPA facilitates a competitive solicitation and contracting process on behalf of the needs of itself and the needs of current and potential member agencies nationally. This process results in national procurement contracts with various Vendors of products/equipment and services which NJPA Member agencies desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.njpacoop.org. 3_3 NJPA is a public agency governed by publicly elected officials that serve as the NJPA Board of Directors. NJPA's Board of Directors oversees and authorizes the calls for all new proposals and holds those resulting Contracts for the benefit of its own and its Members use. 3.4 NJPA currently serves over 50,000 member agencies nationally. Both membership and utilization of NJPA contracts continue to expand, due in part to the increasing acceptance of Cooperative Purchasing throughout the government and education communities nationally. B. JOINT EXERCISE OF POWERS LAWS 3.5 NJPA cooperatively shares those contracts with its Members nationwide through various Joint Exercise of Powers Laws or Cooperative Purchasing Statutes established in Minnesota, other states and Canadian provinces. The Minnesota Joint Exercise of Powers Law is Minnesota Statute §471.59 which states "Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." This Minnesota Statute allows NJPA to serve Member agencies located in all other states. Municipal agencies nationally can participate in cooperative purchasing activities under their own state law. These laws can be found on our website at http:l/www.njpacoop.org/national-cooperative-contract- solutions/legal-authority/. C. WHY RESPOND TO A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 3.6 National Cooperative Procurement Contracts create value for Municipal and Public Agencies, as well as for Vendors of products/equipment and services in a variety of ways: 4 Page 287 of 408 3.6.1 National cooperative contracts potentially save time and effort for municipal and public agencies, who otherwise would have to solicit vendor responses to individual RFPs, resulting in individual contracts, to meet the procurement needs of their respective agencies. Considerable time and effort is also potentially saved by the Vendors who would have had to otherwise respond to each of those individual RFPs. A single, nationally advertised RFP, resulting in a single, national cooperative contract can potentially replace thousands of individual RFPs for the same equipment/products/services that might have been otherwise advertised by individual NJPA member agencies. 3.6.2 NJPA contracts offer our Members nationally leveraged volume purchasing discounts. Our contract terms and conditions offer the opportunity for Vendors to recognize individual member procurement volume commitment through additional volume based contract discounts. 3.7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that cooperative efficiencies will result in lower prices, better overall value, and considerable time savings. 338 The collective purchasing power of thousands of NJPA Member agencies nationwide offers the opportunity for volume pricing discounts. Although no sales or sales volume is guaranteed by an NJPA Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 3.9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Vendors have the opportunity to display and highlight value-added attributes of their company, equipment/products and services without constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 3.10. National contract awarded by NJPA: NJPA seeks the most responsive and responsible Vendor relationship(s) to reflect the best interests of NJPA and its Member agencies. Through a competitive proposal and evaluation process, the NJPA Proposal Evaluation Committee recommends vendors for a national contract awarded by the action of the NJPA Chief Procurement Officer. NJPA's primary intent is to establish and provide a national cooperative procurement contract that offer opportunities for NJPA and our current and potential Member agencies throughout the United States and Canada to procure quality product/equipment and services as desired and needed. The contracts will be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA. Contracts are expected to offer price levels reflective of the potential and collective volume of NJPA and the nationally established NJPA membership base. 3.11 Beyond our primary intent, NJPA further desires to: 3.11.1 Award a four-year contract with a fifth -year contract option resulting from this RFP. Any fifth -year extension is exercised at NJPA's discretion and results from NJPA's contracting needs or from Member requests; this extension is not intended merely to accommodate an awarded Vendor's request. If NJPA grants a fifth -year extension, it may also terminate the contract (or cause it to expire) within the fifth year if the extended contract is replaced by a resolicited or newly solicited contract. In exigent circumstances, NJPA may petition NJPA's Board of Directors to extend the contract term beyond five years. This rarely used procedure should be employed only to avoid a gap in contract coverage while a replacement contract is being solicited; 3.11.2 Offer and apply any applicable technological advances throughout the term of a contract resulting from this RFP; 5 Page 288 of 408 3.11.3 Deliver "Value Added" aspects of the company, equipment/products and services as defined in the "Proposer's Response"; 3.11.4 Deliver a wide spectrum of solutions to meet the needs and requirements of NJPA and NJPA Member agencies; and 3.11.5 Award an exclusive contract to the most responsive and responsible vendor when it is deemed to be in the best interest of NJPA and the NJPA Member agencies. 3.12 Exclusive or Multiple Awards: Based on the scope of this RFP and on the responses received, NJPA may award either an exclusive contract or multiple contracts. In some circumstances, a single national supplier may best meet the needs of NJPA Members; in other situations, multiple vendors may be in the best interests of NJPA and the NJPA Members and preferred by NJPA to provide the widest array of solutions to meet the member agency's needs. NJPA retains sole discretion to determine which approach is in the best interests of NJPA Member agencies. 3.13 Non -Manufacturer Awards: NJPA reserves the right to make an award under this RFP to a non - manufacturer or dealer/distributor if such action is in the best interests of NJPA and its Members. 3.14 Manufacturer as a Proposer: If the Proposer is a manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that manufacturer's authorized dealer network. Unless stated otherwise, a manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their dealer network where that dealer network is informed of, and authorized to accept, purchase orders pursuant to any Contract resulting from this RFP on behalf of the manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub -contractor of the Proposer/Vendor. The relationship between the manufacturer and wholesale distributor Proposer and its dealer network may be proposed at the time of the submission if that fact is properly identified. 3.15 Dealer/Reseller as a Proposer: If the Proposer is a dealer or reseller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. When requested by NJPA, Proposers must document their authority to offer those products and/or services. E. SCOPE OF THIS RFP 3.16 Scope: The scope of this RFP is to award a contract to a qualifying vendor defined as a manufacturer, provider, or dealer/distributor, established as a Proposer, and deemed responsive and responsible through our open and competitive proposal process. Vendors will be awarded contracts based on the proposal and responders demonstrated ability to meet the expectations of the RFP and demonstrate the overall highest valued solutions which meet and/or exceed the current and future needs and requirements of NJPA and its Member agencies nationally within the scope of RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES 3.17 Additional Scope Definitions: 3.17.1 Under this RFP, NJPA seeks RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Because this title could be construed quite broadly (without the following clarification), make sure that your offered solutions fit into at least one of these primary categories: 13.17.1.1 I. Playgrounds 2. Recreation 3. Shelters 4. Shades 6 Page 289 of 408 5. Playground surfacing 6. Outdoor exercise equipment 7. Prefabricated buildings associated with playgrounds and other public spaces 8. Site amenities or furnishings such as trash cans and benches 9. Bicycle equipment for public use (bikes, racks, rental kiosks, etc.) 10. Aquatic solutions, pools, splash pads 11. Skate park solutions 12. Trails and related solutions 13. Beach area equipment 14. Ice arena equipment and supplies (including dasher boards, ice surface refrigeration, and ice resurfacing equipment) Installation and service on these listed categories is also desired. 3.17.2 NJPA reserves the right to limit the scope of this solicitation for NJPA and current and potential NJPA member agencies. 3.17.2.1 This solicitation is not intended to include: lockers, bleachers, event seating, recreational vehicles, landscape equipment, mowers, indoor exercise equipment, athletic surfacing, athletic equipment, or HVAC systems (outside of floor refrigeration/ice making). 3.17.2.2 Any solution that is proposed must have a direct connection to at least one of the preceding categories. NJPA will consider "out of scope" those proposals that contain more than an incidental amount of items that do not directly relate to the enumerated categories. NJPA reserves the right to award a vendor that clearly articulates a compelling member need for a solution that falls outside these categories. NJPA does not seek responses that fall more properly within another existing NJPA contract category. For example, NJPA already has awarded vendors that could provide trail maintenance equipment (grubbers, mowers, etc.). So prospective respondents should determine whether they can fill a substantial unmet need for NJPA members before decided to respond to this RFP 3.18 Overlap of Scope: When considering equipment/products/services, or groups of equipment/ products/services submitted as a part of your response, and whether inclusion of such will fall within a "Scope of Proposal," please consider the validity of an inverse statement. 3.18.1 For example, pencils and post -it -notes can generally be classified as office supplies and office supplies generally include pencils and post -it -notes. 3.18.2 In contrast, computers (PCs and peripherals) can generally be considered office supplies; however, the scope of office supplies does not generally include computer servers and infrastructure. 3.18.3 In conclusion: With this in mind, individual products and services must be examined individually by NJPA, from time to tirne and in its sole discretion, to determine their compliance and fall within the original "Scope" as intended by NJPA. 3.19 Best and Most Responsive — Responsible Proposer: It is the intent of NJPA to award a Contract to the best and most responsible and responsive Proposer(s) offering the best overall quality and selection of equipment/products and services meeting the commonly requested specifications of the NJPA and NJPA Members, provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. Qualifying Proposers who are able to anticipate the current and future needs and requirements of NJPA and NJPA member agencies; demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and possess the willingness and ability to distribute, market to and service NJPA Members in all 50 states are preferred. NJPA requests proposers submit their entire product line as it applies and relates to the scope of this RFP. 7 Page 290 of 408 3.20 Sealed Proposals: NJPA will receive sealed proposal responses to this RIP in accordance with accepted standards set foith in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Member agencies. 3.21 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like equipment/products and services solely from this contract or from another contract source of their choice or from a contract resulting from their own procurement process. 3.22 Awarded Vendor's interest in a contract resulting from this RFP: Awarded Vendors will be able to offer to NJPA, and current and potential NJPA Members, only those products/equipment and services specifically awarded on their NJPA Awarded Contract(s). Awarded Vendors may not offer as "contract compliant," products/equipment and services which are not specifically identified and priced in their NJPA Awarded Contract. 3.23 Sole Source of Responsibility- NJPA desires a "Sole Source of Responsibility" Vendor. This means that the Vendor will take sole responsibility for the performance of delivered equipment/products/ services. NJPA also desires sole responsibility with regard to: 3.23.1 Scope of Equipment/Products/Services: NJPA desires a provider for the broadest possible scope of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA current and potential Members. 3.23.2 Vendor use of sub -contractors in sourcing or delivering equipment/product/services: NJPA desires a single source of responsibility for equipment/products and services proposed. Proposers are assumed to have sub -contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the equipment/products/services being proposed. Vendor assumes all responsibility for the equipment/products/services and actions of any such Sub - Contractor. Suggested Solutions Options include: 3.24.1 Multiple solutions to the needs of NJPA and NJPA Members are possible. Examples could include: 3.24.1.1 Equipment/Products Only Solution: Equipment/Products Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in- house or through local third party contractors, to properly install and bring to operation those equipment/products being proposed. 3.24.1.2 Turn -Key Solutions: A True -Key Solution is a combination of equipment/products and services that provides a single price for equipment/products, delivery, and installation to a properly operating status. Generally this is the most desirable solution because NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 3.24.1.3 Good, Better, Best: Where appropriate and properly identified, Proposers may offer the choice "of good, better, best" multiple -grade solutions to meet NJPA Members' needs. 3.24.1.4 Proven — Accepted — Leading -Edge Technology: Where appropriate and properly identified, Proposers may provide a spectrum of technology solutions to complement or enhance the proposed solutions to meet NJPA Members' needs. 8 Page 291 of 408 3.24.2 If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific equipment/products and services proposals as a part of the award. 3.25 Geographic Area to be Proposed: This RFP invites proposals to provide (RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non -award. The ability and willingness to serve Canada, for instance, will be viewed as a value-added attribute. 3.26 Contract Term: At NJPA's option, a Contract resulting from this RFP will become effective either on the date awarded by the NJPA Board of Directors or on the day following the expiration date of an existing NJPA procurement contract for the same or similar product/equipment and services. 3.26.1 NJPA is seeking a Contract base term of four years as allowed by Minnesota Contracting Law. Full term is expected. However, one additional one-year renewal/extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. NJPA reserves the right to conduct periodic business reviews throughout the term of the contract. 3.27 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however, no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 3.28 [This section is intentionally blank.] 3.29 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental and public agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 3.30 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly, NJPA requires any response to this solicitation be valid and irrevocable for ninety (90) days after the date proposals are opened. F. EXPECTATIONS FOR EQUIPMENT/PRODUCTS AND SERVICES BEING PROPOSED 3.31 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the [RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES !industry, as they are generally understood and accepted within that industry across the nation. Submitted products/equipment, related services and accessories, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated standards, needs, expectations, and requirements of NJPA and its Members. 3.31.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the equipment/products and services they propose will render equivalent functionality, coverage, performance, and/or related services. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 3.31.2 Technical Descriptions/Specifications. Excessive technical descriptions and specifications that unduly enlarge the proposal response may cause NJPA to reduce the evaluation points awarded on Form G. Proposers must supply sufficient information to: 9 Page 292 of 408 3.31.2.1 demonstrate the Proposer's knowledge of industry standards and Member agency needs and expectations; 3.31.2.2 identify the equipment/products and services being proposed as applicable to the needs and expectations of NJPA Member agencies; and 3.31.2.3 differentiate equipment/products and services from other industry manufacturers and providers. 3.32 New Current Model Equipment/Products: Proposals submitted shall be for new, current model equipment/products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. 3.33 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 3.34 Delivered and operational: Products/equipment offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be clearly disclosed in the "Total Cost of Acquisition" section of the proposal. 3.35 Warranty: The Proposer warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in non -award. 3.36 Additional Warrants: The Proposer warrants that all products/equipment and related services furnished hereunder will be free from liens and encumbrances; defects in design, materials, and workmanship; and will conform in all respects to the terms of this RFP including any specifications or standards. In addition, Proposer/Vendor warrants the products/equipment and related services are suitable for and will perform in accordance with the ordinary use for which they are intended. G. SOLUTIONS -BASED SOLICITATION 3.37 The NJPA solicitation and contract award process is not based on detailed specifications. Instead, this RFP is a "Solutions -Based Solicitation." NJPA expects respondents to understand and anticipate the current and future needs of NJPA and its members —within the scope of this RFP—and to propose solutions that are commonly desired or required by law or industry standards. Proposal will be evaluated in part on your demonstrated ability to meet or exceed the needs and requirements of NJPA and our member agencies within the defined scope of this RFP. 3.38 While NJPA does not typically provide product and service specifications, the RFP may contain scope refinements and industry -specific questions. Where specific items are specified, those items should be considered the minimum required, which the proposal can exceed in order to meet Members' needs. NJPA may award all of the respondent's proposal or may limit the award to a subset of the proposal. 4 INSTRUCTIONS FOR PREPARING YOUR PROPOSAL A. INQUIRY PERIOD 10 Page 293 of 408 4.1 The inquiry period begins an the date of first advertisement and continues until to the Deadline for Submission." RFP packages will be distributed to potential Vendors during the inquiry period. B. PRE -PROPOSAL CONFERENCE 4.2 A pre -proposal conference will be held at the date and time specified in the timeline on page one of this RFP. Conference information will be sent to all potential Proposers, and attendance is optional. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and NJPA's competitive contracting process. Only answers issued in writing by NJPA to questions asked before or during the pre -proposal conference are binding on the parties to an awarded contract. C. IDENTIFICATION OF KEY PERSONNEL 4_3 Awarded Vendors will designate one senior staff member to represent the Vendor to NJPA. This contact person will correspond with members for technical assistance, questions, or concerns that may arise, including instructions regarding different contacts for different geographical areas or product lines. 4.4 These designated individuals should also act as the primary contact for marketing, sales, and any other area deemed essential by the Proposer and NJPA. D. PROPOSER'S EXCEPTIONS TO TERMS AND CONDITIONS 4.5 Any exceptions, deviations, or contingencies regarding this RFP that a Proposer requests must be documented on Form C, Exceptions To Proposal, Terms, Conditions And Solutions Request. 4.6 Exceptions, deviations or contingencies requested in the Proposer's response, while possibly necessary in the view of the Proposer, may result in lower scoring or disqualification of a proposal. E. PROPOSAL FORMAT 4.7 All Proposers must examine the entire RFP package to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. 4.8 A1I proposals must be properly labeled and sent to "The National Joint Powers Alliance, 202 12th Street NE Staples, MN 56479." 4_9 All proposals must be physically delivered to NJPA at the above address with all required hard copy documents and signature forms/pages inserted as loose pages at the front of the Vendor's response. The proposal must include these items. 4.9.1 Hard copy original of completed, signed, and dated Forms C, D, F; hard copy of the signed signature -page only from Forms A and P from this RFP; 4.9.2 Signed hard copies of all addenda issued for the RFP; 4.9.3 Hard copy of Certificate of Insurance verifying the coverage identified in this RFP; and 4.9.4 A complete copy of your response on a flash drive (or other approved electronic means). The electronic copy must contain completed Forms A, B, C, D, F, and P, your statement of products and pricing (including apparent discount), and all appropriate attachments. In order to ensure that your full response is evaluated, you must provide an electronic version of any material that you provide in a hard copy format. As a public agency, NJPA's proposals, responses, and awarded contracts are a matter of public record, except for such data that is classified as nonpublic. Accordingly, public data is available for 11 Page 294 of 408 review through a properly submitted public records request. To redact nonpublic information from your proposal (under Minnesota Statute § 13.37), you must make your request within thirty (30) days of the contract award or non -award date. 4.10 All Proposal forms must be submitted in English and must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 4.11 Proposal submissions should be submitted using the electronic forms provided. Proposers that use alternative documents are responsible for ensuring that the content is substantially similar to the NJPA form and that the document is readable by NJPA. 4.12 The Proposer must ensure that the proposal is in the physical possession ofNJPA before the submission deadline. 4.12.1 Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening," and the deadline for proposal submission. NJPA is not responsible for untimely proposals. Proposals received by the deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 4.13 Proposers are responsible for checking directly with the NJPA website for any addendums to this RFP. Addendums to this RFP can change the terms and conditions of the RFP, including the proposal submission deadline. F. QUESTIONS AND ANSWERS ABOUT THIS RFP 4.14 Upon examination of this RFP document, Proposer should promptly notify NJPA of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections, and changes to this RFP will be considered by NJPA through a written addendum. Interpretations, corrections, or changes that are made in any other manner are not binding, and Proposers must not rely on them. 4.15 Submit all questions about this RFP, in writing, referencing RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES to Jonathan Yahn at NJPA 202 12th Street NE, Staples, MN 56479 or to RFP@njpacoop.org. You may also call Jonathan Yahn at (218) 895-4144. NJPA urges potential Proposers to communicate all concerns well in advance of the submission deadline to avoid misunderstandings. Questions received within seven (7) days before the submission deadline generally cannot be answered. NJPA may, however, field purely procedural questions, questions about NJPA-issued addenda, or questions involving a Proposer withdrawing its response before the RFP submission deadline. 4.16 If NPJA deems that its answer to a question has a material impact on other potential Proposers or on the RFP itself, NJPA will create an addendum to this RFP. 4.17 If NJPA deems that its answer to a question merely clarifies the existing terms and conditions and does not have a material impact on other potential Proposers or the RFP itself, no further documentation of that question is required. 4.18 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA become a part of the RFP. Addenda will be delivered to all Potential Proposers using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of any addenda. Copies of addenda will also be made available on the NJPA website at www.njpacoop.org (under "Current and Pending Solicitations") and from the NJPA offices. All Proposers must acknowledge their receipt of all addenda in their proposal response. 4.19 Any amendment to a submitted proposal must be in writing and must be delivered to NJPA by the RFP submission deadline. 12 Page 295 of 408 4.20 through 4.21 [These sections are intentionally blank.] G. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 4.22 A submitted proposal must not be modified, withdrawn, or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened. Before the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Contracts and Compliance Manager. Such notice must be submitted in writing and must include the signature of the Proposer. The notice must be delivered to NJPA before the deadline for submission of proposals and must be so worded as not to reveal the content of the original proposal. The original proposal will not be physically returned to the potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they fully conform with the proposal instructions. H. PROPOSAL OPENING PROCEDURE 4.23 Sealed and properly identified responses for this RFP entitled ERE CREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES ]will be received by Jonathan Yahn, Contracts and Compliance Manager, at NJPA Offices, 202 12th Street NE, Staples, MN 56479 until the deadline identified on page one of this RFP. All Proposal responses must be submitted in a sealed package. The outside of the package must plainly identify 1RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES I and the RFP number. To avoid premature opening, the Proposer must label the Proposal response properly. NJPA documents the receipt of proposals by immediately time- and date -stamping them with an atomic clock. At the time of the public opening, the NJPA Director of Contracts and Marketing or a representative from the NJPA Proposal Evaluation Committee will read the Proposer's names aloud and will determine whether each submission has met Level-1 responsiveness. I. NJPA'S RIGHTS RESERVED 4.24 NJPA may exercise the following rights with regard to the RFP. 4.24.1 Reject any and all proposals received in response to this RFP; 4.24.2 Disqualify any Proposer whose conduct or proposal fails to conform to the requirements of this RFP; 4.24.3 Duplicate without limitation all materials submitted for purposes of RFP evaluation, and duplicate all public information in response to data requests regarding the proposal; 4.24.4 Consider and accept for evaluation a late modification of a proposal if 1) the proposal itself was submitted on time, 2) the modifications were requested by NJPA, and 3) the modifications make the terms of the proposal more favorable to NJPA or its members; 4.24.5 Waive any non -material deviations from the requirements and procedures of this RFP; 4.24.6 Extend the Contract, in increments determined by NJPA, not to exceed a total Contract term of five years; 4.24.7 Cancel the Request for Proposal at any time and for any reason with no cost or penalty to NJPA; 4.24.8 Correct or amend the RFP at any time with no cost or penalty to NJPA. If NJPA corrects or amends any segment of the RFP after submission of proposals and before the announcement of the awarded Vendor, all proposers will be afforded a reasonable opportunity to revise their proposals in order to accommodate the RFP amendment and the new submission dates. NJPA will not be liable for any errors in the RFP or other responses related to the RFP; and 13 Page 296 of 408 4.24.9 Extend proposal due dates. 5 PRICING 5.1 NJPA requests that potential Proposers respond to this RFP only if they are able to offer a wide array of products and services at lower prices and with better value than what they would ordinarily offer to a single government agency, a school district, or a regional cooperative. 5.2 This RFP requests pricing for an indefinite quantity of products or related services with potential national sales distribution and service. While most RFP categories represent significant sales opportunities, NJPA makes no guarantees about the quantity of products or services that members will purchase. The estimated annual value of thiS, contract is $40 Million. Vendors are expected to anticipate additional volume through potential government, educational, and not -for -profit agencies that would find value in a national contract awarded by NJPA. 5.3 Regardless of the payment method selected by NJPA or an NJPA member, the total cost associated with any purchase option of the products and services must always be disclosed in the proposal and at the time of purchase. 5.4 All proposers must submit "Primary Pricing" in the form of either "Line -Item Pricing," or "Percentage Discount from Catalog Pricing," or a combination of these pricing strategies. Proposers are also encouraged to offer optional pricing strategies such as "Hot List," "Sourced Products," and "Volume Discounts," as well as financing options such as leasing. All pricing documents should include a clear effective date. A. LINE -ITEM PRICING 5.5 Line -item pricing is a pricing format in which individual products or services are offered at specific Contract prices. Products or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing may offer the least amount of confusion, but Proposers with a large number of items may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense and may increase the clarity of the contract pricing format. 5_6 All line -item pricing items must be numbered, organized, sectioned (including SKUs, when applicable), and prepared to be easily understood by the Evaluation Committee and members. 5.7 Submit Line -Item Pricing items in an Excel spreadsheet format and include all appropriate identification information necessary to discern the line item from other line items in each Responder's proposal. 5_8 Line -item pricing must be submitted to NJPA in a searchable spreadsheet format (e.g., Microsoft® Excel®) in order to facilitate quickly finding any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information that is typically found on an invoice or price quote for such product or services. 5.9 All products or services typically appearing on an invoice or price quote must be individually priced and identified on the line -item price sheet, including any and all ancillary costs. 5.10 Proposers should provide both a published "List Price" as well as a "Proposed Contract Price" in their pricing matrix. Published List Price will be the standard "quantity of one" price currently available to government and educational customers, excluding cooperative and volume discounts. B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 14 Page 297 of 408 5.11 This pricing model involves a specific percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services being proposed. 5.12 Individualized percentage discounts can be applied to any number of defined product groupings. 5.13 A percentage discount from MSRP may be applied to all elements identified in MSRP, including all manufacturer options applicable to the products or services. 5.14 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current published MSRP with NJPA, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. C. COST PLUS A PERCENTAGE OF COST 5.15 "Cost plus a percentage of cost" as a primary pricing mechanism is not desirable. It is, however, acceptable for pricing sourced goods or services. D. HOT LIST PRICING 5.16 Where applicable, a Vendor may opt to offer a specific selection of products or services, defined as "Hot List" pricing, at greater discounts than those listed in the standard Contract pricing. All product and service pricing, including the Hot List Pricing, must be submitted electronically in a format that is acceptable to NJPA. Hot List pricing must be submitted in a line -item format. Products and services may be added or removed from the Hot List at any time through an NJPA Price and Product Change Form. 5.17 Hot List program and pricing may also be used to discount and liquidate close-out and discontinued products and services as long as those close-out and discontinued items are clearly labeled as such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. E. CEILING PRICE 5.18 Proposal pricing is to be established as a ceiling price. At no time may the proposed products or services be offered under this Contract at prices above this ceiling price without a specific request and approval by NJPA. Contract prices may be reduced at any time, for example, to reflect volume discounts or to meet the needs of an NJPA Member. 5.19 [This section is intentionally blank.] F. VOLUME PRICE DISCOUNTS / ADDITIONAL QUANTITIES 5.20 through 5.23 [These sections are intentionally blank.] G. TOTAL COST OF ACQUISITION 5.24 The Total Cost of Acquisition for the equipment/products and related services being proposed, including those payable by NJPA Members to either the Proposer or a third party, is the cost of the proposed equipment/products product/equipment and related services delivered and operational for its intended purpose in the end -user's location. For example, if you are proposing equipment/products FOB Proposer's dock, your proposal should reflect that the contract pricing does not provide for delivery beyond Proposer's dock, nor any set-up activities or costs associated with those delivery or set-up activities. Any additional costs for delivery and set-up should be clearly disclosed. In contrast, a proposal could state that there are no additional costs of acquisition if the product is delivered to and operational at the end -user's location. H. SOURCED GOOD or OPEN MARKET ITEM 15 Page 298 of 408 5.25 A Sourced Good or an Open Market Item is a product that a member wants to buy under contract that is not currently available under the Vendor's NJPA contract. This method of procurement can be satisfied through a contract sourcing process. Sourcing options serve to provide a more complete contract solution to meet our members' needs. Sourced items are generally deemed incidental to the total transaction or purchase of contract items. 5.26 NJPA or NJPA Members may request products, equipment, and related services that are within the related scope of this RFP, even if they are not included in an awarded Vendor's line -item price list or catalog. These items are known as Sourced Goods or Open Market Items. 5.27 An awarded Vendor may source such items to the extent that the items are identified as "Sourced Products/Equipment" or "Open Market Items" on any quotation issued in reference to an NJPA awarded contract, and that this information is provided to either NJPA or an NJPA Member. NJPA is not responsible for determining whether a Sourced Good is an incidental portion of the overall purchase or whether a Member is able to consider a Sourced Good a purchase under an NJPA contract. 5.28 "Cost plus a percentage" pricing is an acceptable option in pricing of Sourced Goods. I. PRODUCT & PRICE CHANGES 5.29 Awarded Vendors may request product or service changes, additions, or deletions at any time throughout the contract term. All requests must be made in written format by completing the NJPA Price and Product Change Request Form (located at the end of this RFP and on the NJPA website), signed by an authorized Vendor representative. All changes are subject to review and approval by NJPA. Submit your requests through email to your assigned Contract Manager and to PandP@njpacoop.org. 5.30 NJPA will determine whether the request is both within the scope of the original RFP and in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be returned to the Vendor contact through email. 5.31 The Vendor must 1) complete this change request form and individually list or attach all items subject to change, 2) provide a sufficiently detailed explanation and documentation for the change, and 3) include a compete restatement of pricing document in appropriate format (preferably Excel). The pricing document must identify all products and services being offered and must conform to the following NJPA product and price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, "COMPANY 012411-CPY effective 02-12-2016." 5.32 The new pricing restatement must include all products and services offered, even for those items whose pricing remains unchanged, and must include a new effective date on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each vendor and creates a historical record of pricing. 5.33 ADDITIONS. New products and related services may be added to a Contract resulting from this RFP at any time during that Contract term to the extent that those products and related services are within the scope of this RFP. Allowable new products and related services generally include updated models of products and enhanced services that reflect new technology and improved functionality. 5.34 DELETIONS. New products and related services may be deleted from a contract if an item is no longer available. 5.35 PRICE CHANGES. A Vendor may request pricing changes by providing reasonable justification for the change. For example, a request for a 3% increase in a product line that relies heavily on petroleum products may be reasonable if the raw cost of required petroleum products has increased substantially. Conversely, a request for a 3% increase in prices based only on a 3% increase in a cost -of -living index may be considered unreasonable. Although NJPA is sensitive to the possibility of fluctuations in raw material 16 Page 299 of 408 costs, prospective Vendors should make every reasonable attempt to account for normal cost changes by proposing pricing that will be effective throughout the duration of the four-year Contract. 5.35.1 Price decreases: NJPA expects Vendors to propose their very best prices and anticipates price reductions that are due to advancement in technology and marketplace efficiencies. 5.35.2 Price increases: A Vendor must include reasonable documentation for price -increase requests, along with both current and proposed pricing. Appropriate documentation should be attached to the Price and Product Change Request Form, including letters from suppliers announcing price increases. Price increases must not exceed the industry standard. 5.36 through 5.37 [These sections are intentionally blank.] 5.38 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 5.39 through 5.43 [These sections are intentionally blank.] K. SALES TAX 5.44 Sales and other taxes should not be included in the prices quoted. The Vendor will charge state and local sales and other applicable taxes on items for which a valid tax -exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax-exempt status to the Vendor. When ordering, NJPA Members must indicate that they are tax-exempt entities. Except as set forth herein, no party is responsible for taxes imposed on another party as a result of or arising from the transactions under a Contract resulting from this RFP. L. SHIPPING 5.45 Shipping costs can constitute a significant portion of the overall cost of procurement. Consequently, significant weight will be given to the quality of a prospective Vendor's shipping program. Shipping charges should reasonably reflect the actual cost of shipping. NJPA understands that Vendors may use other shipping cost methods for simplicity or for transparency. But to the extent that shipping costs are determined to disproportionately increase a Vendor's profit, NJPA may reduce the points awarded in the "Pricing" criteria. 5.46 through 5.47 [These sections are intentionally blank.] 5.48 All shipping and restocking fees must be identified in the price program. Certain industries providing made -to -order products may not allow returns. Proposals will be evaluated not only on the actual costs of shipping, but on the relative flexibility extended to NJPA Members relating to restocking fees, shipping errors, customized shipping requirements, the process for rejecting damaged or delayed shipments, and similar subjects. 5.49 through 5.50 [These sections are intentionally blank.] 5.51 Delivered products must be properly packaged. Damaged products may be rejected. If the damage is not readily apparent at the time of delivery, the Vendor must permit the products to be returned within a reasonable time at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the products at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the products at the time of delivery. 5.52 The Vendor must deliver Contract -conforming products in each shipment and may not substitute products without the express approval from NJPA or the NJPA Member. 17 Page 300 of 408 5.53 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products that are not under Contract and described in its paper or electronic price lists or sourced upon request of any Member under this Contract. In the event of the delivery of nonconforming products, the NJPA Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming products with conforming products that are acceptable to the NJPA member. 5.54 Throughout the term of the Contract, Proposer agrees to pay for return shipment on products that arrive in a defective or inoperable condition. Proposer must arrange for the return shipment of the damaged products. 6 EVALUATION OF PROPOSALS A. PROPOSAL EVALUATION PROCESS 6.1 The NJPA proposal evaluation committee will evaluate proposals received based on a 1,000 point evaluation system. The committee establishes both the evaluation criteria and designates the relative weight of each criterion by assigning possible scores for each category on Form G of this RFP. The committee may adjust the relative weight of the criteria for each RFP. (For example, if the "Warranty" criterion does not apply to a particular RFP, the points normally awarded under "Warranty" may be used to increase the number of potential points in another evaluation category or categories.) The "Pricing" criterion will contain at least a plurality of points for every RFP. 6.2 NJPA uses a scoring system that gives primary importance to "Pricing." But pricing includes more than just the absolute lowest initial cost of purchasing, for example, a particular product. Other considerations include the total cost of the acquisition and whether the Proposer's offering represents the best value. The evaluation committee may consider such factors as life -cycle costs, total cost of ownership, quality, and the suitability of an offering in meeting NJPA Members' needs. Pricing points may be awarded based on pricing clarity and ease of use. NJPA may also award points based on whether a response contains exceptions, exclusions, or limitations of liabilities. 6_3 The NJPA Board of Directors will consider making awards to the selected Proposer(s) based on the recommendations of the proposal evaluation committee. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under "Proposer Responsiveness," found just below. B. PROPOSER RESPONSIVENESS 6_4 All responses are evaluated for Level -One and Level -Two Responsiveness. If a response does not substantially conform to substantially all of the terms and conditions in the solicitation, or if it requires unreasonable exceptions, it may be considered nonresponsive. 6_5 All proposals must contain suitable responses to the questions in the proposal forms. The following requirements must be satisfied in order to meet Level -One Responsiveness, which is typically ascertained on the proposal opening date. If these standards are not met, your response may be disqualified as nonresponsive. 6.6 Level -One Responsiveness means that the response 6.6.1 is received before the deadline for submission or it will be returned unopened; 6.6.2 is properly addressed and identified as a sealed proposal with a specific RFP number and an opening date and time; 18 Page 301 of 408 6.6.3 contains a pricing document (with apparent discounts) and all other forms fully completed, even if "not applicable" is the answer; 6.6.4 includes the original (hard copy) completed, dated, and signed RFP forms C, D, and F. In addition, the response must include the hard -copy signed signature page only from RFP Forms A and P and, if applicable, all signed addenda that have been issued in relation to this RFP; 6.6.5 contains an electronic (CD, flash drive, or other suitable) copy of the entire response; and 6.7 Level -Two Responsiveness (including whether the response is within the RFP's scope) is determined while evaluating the remaining items listed under Proposal Evaluation Criteria below. These items are not arranged in order of importance. Each item draws from multiple questions, and a Proposer's responses may affect scoring in multiple evaluation criteria. For example, the answers to Industry -Specific Questions may help determine scoring relative to a Proposer's marketplace success, ability to sell and service nationwide, and financial strength. Any questions not answered without an explanation will likely result in a loss of points and may lead to a nonaward if the proposal evaluation committee cannot effectively review your response. C. PROPOSAL EVALUATION CRITERIA 66.88 Forms A and P include a series of questions that address the following categories: 6.8.1 Company Information and Financial Strength 6.8.2 Industry Requirements and Marketplace Success 6.8.3 Ability to Sell and Deliver Service Nationwide 6.8.4 Marketing Plan 6.8.5 Other Cooperative Procurement Contracts 6.8.6 Value -Added Attributes 6.8.7 Payment Terms and Financing Options 6.8.8 Warranty 6.8.9 Equipment/Products/Services 6.8.10 Pricing and Delivery 6.8.11 Industry -Specific Questions 6.9 [This section is intentionally blank.] D. OTHER CONSIDERATIONS 6.10 In evaluating RFP responses, NJPA has no obligation to consider information that is not provided in the Proposer's response. NJPA may, however, consider additional information outside the Proposer's response. This research may include such sources as the Proposer's website, industry publications, listed references, and user interviews. 6.11 NJPA may organize RFP responses into separate classes or subcategories, depending on the range of responses. For example, NJPA might receive numerous submissions for "Widgets and Related Products and Services." NJPA may organize these responses into subcategories, such as manufacturers of fully operational Widgets, manufacturers of component parts for Widgets, and providers of parts and service for Widgets. NJPA reserves the right to award Proposers in some or all of such subcategories without regard to the evaluation score given to Proposers in another subcategory. This specifically allows NJPA to award 19 Page 302 of 408 Vendors that might not have, for instance, the breadth of products of Proposers in another subcategory, but that nonetheless meet a substantial and articulated need of NJPA Members. 6.12 [This section is intentionally blank.] 6.13 NJPA reserves the right to request and test equipment/products and related services and to seek clarification from Proposers. Before the Contract award, the Proposer must furnish the requested information within three (3) days (or within another agreed -to time frame) or provide an explanation for the delay along with a requested time frame for providing the requested information. Proposers must make reasonable efforts to supply test products promptly. All Proposer products remain the property of the Proposer, and NJPA will return such products after the evaluation process. NJPA may make provisional contract awards, subject to a Proposer's proper response to a request for information or products. 6.14 A Proposer's past performance under previously awarded contracts to schools, governmental agencies, and not -for -profit entities is relevant in evaluating a Proposer's current response. Past performance includes the Proposer's record of conforming to published specifications and to standards of good workmanship, as well as the Proposer's history for reasonable and cooperative behavior and for commitment to Member satisfaction. Incumbency as an awarded Vendor does not, by itself, merit positive consideration for a future Contract award. 6.15 NJPA reserves the right to reject any or all proposals. E. COST COMPARISON 6.16 NJPA may use a variety of evaluation methods, including cost comparisons of specific products. NJPA reserves the right to use this process when the proposal evaluation committee determines that this will help to make a final determination. 6.17 This direct cost comparison process will award points for being low to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) equipment/products and related services may be selected by the proposal evaluation committee, and the unit cost will be used as a basis for determining the point value. NJPA will select the "Market Basket" from all appropriate product categories as determined by NJPA. F. MARKETING PLAN 6.18 A Proposer's marketing plan is a critical component of the RFP response. An awarded Vendor's sales force will likely be the primary source of communication with NJPA Members and will directly affect the contract's success. Marketing success depends on communicating the contract's value, knowing the contract thoroughly, and communicating the proper use of contracted products and services to the end user. Much of the success and sales reward is a direct result of the commitment to the contract by the awarded Vendor's sales teams. NJPA reserves the right to deem a Proposer Level -Two nonresponsive or not to award a contract based on an unacceptable or incomplete marketing plan. 6.19 NJPA marketing expectations include the following components. 6.19.1 An awarded Vendor must demonstrate the ability to deploy a national sales force or dealer network. The best RFP responses demonstrate the ability to sell, deliver, and service products through acceptable distribution channels to NJPA members in all 50 states. Proposers' responses should fully demonstrate their sales and service capabilities, should outline their national sales force network (both numerically geographically), and should describe their method of distribution of the offered products and related services. Service may be independent of the product sales pricing, but NJPA encourages related services to be a part of Proposers' response. Despite its preference for awarding contracts to Vendors that demonstrate nationwide sales and service, NJPA reserves the right to award contracts that meet specific Member needs locally or regionally. 20 Page 303 of 408 6.19.2 Proposers are invited to demonstrate their ability to successfully market, promote, and communicate the benefits of an NJPA contract to current and potential Members nationwide. NJPA desires a marketing plan that communicates the value of the contract to as many Members as possible. 6.19.3 Proposers are expected to be receptive to NJPA trainings. Awarded Vendors must provide an appropriate training venue for both management and the sales force. NJPA commits to providing training on all aspects of communicating the value of the awarded contract, including the authority of NJPA to offer the contract to its Members, the value and utility the contract delivers to NJPA Members, the scope of NJPA Membership, the authority of Members to use NJPA procurement contracts, the preferred marketing and sales methods, and the successful use of specific business sector strategies. 6.19.4 Awarded Vendors are expected to demonstrate a commitment to fully embrace the NJPA contract. Proposers should identify both the appropriate levels of sales management and sales force that will need to understand the value of the NJPA contract, as well as the internal procedures needed to deliver the appropriate messaging to NJPA Members. NJPA will provide a general schedule and a variety of methods describing when and how those individuals should be trained. 6.19.5 Proposers should outline their proposed involvement in promoting an NJPA contract through applicable industry trade show exhibits and related customer meetings. Proposers are encouraged to consider participation with NJPA at NJPA-endorsed national trade shows. 6.19.6 Proposers must exhibit the willingness and ability to actively market and develop contract - specific marketing materials including the following items. 6.19.6.1 Complete Marketing Plan. Proposers must submit a marketing plan outlining how they will launch the NJPA contract to current and potential NJPA Members. NJPA requires awarded Vendors to embrace and actively promote the contract in cooperation with the NJPA. 6.19.6.2 Printed Marketing Materials. Awarded Vendors will produce and maintain full color print advertisements in camera-ready electronic format, including company logos and contact information to be used in the NJPA directory and other approved marketing publications. 6.19.6.3 Contract announcements and advertisements. Proposers should outline in the marketing plan their anticipated contract announcements, advertisements in industry periodicals, and other direct or indirect marketing activities promoting the awarded NJPA contract. 6.19.6.4 Proposer's Website. Proposers should identify how an awarded Contract will be displayed and linked on the Proposer's website. An online shopping experience for NJPA Members is desired whenever possible. 6.19.7 An NJPA Vendor contract launch will be scheduled during a reasonable time frame after the award and held at the NJPA office in Staples, MN unless the Vendor and NJPA agree to a different location. 6.20 Proposer shall identify their commitment to develop a sales/communication process to facilitate NJPA membership and establish status of current and potential agencies/members. Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA. 21 Page 304 of 408 G. CERTIFICATE OF INSURANCE 6.21 Proposers must provide evidence of liability insurance coverage identified below in the form of a Certificate of Insurance (COI) or an ACORD binder form with their proposal. Upon an award issued under this RFP and before the execution of any commerce relating to such award, the awarded Vendor must provide verification, in the form of a Certificate of Insurance, identifying the coverage required below and identifying NJPA as a "Certificate Holder." The Vendor must maintain such insurance coverage at its own expense throughout the term of any contract resulting from this solicitation. 6.22 Any exceptions or assumptions to the insurance requirements must be identified on Form C of this RFP. Exceptions and assumptions will be considered as part of the evaluation process. Any exceptions or assumptions that Proposers submit must be specific. If a Proposer does not include specific exceptions or assumptions when submitting the proposal, NJPA will typically not consider any additional exceptions or assumptions during the evaluation process. Upon contract award, the awarded Vendor must provide the Certificate of Insurance identifying the coverage as specified. 6.23 Insurance Liability Limits. The awarded Vendor must maintain, for the duration of its contract, $1.5 million in general liability insurance coverage or general liability insurance in conjunction with an umbrella for a total combined coverage of $1.5 million. Work on the Contract will not begin until after the awarded Vendor has submitted acceptable evidence of the required insurance coverage. Failure to maintain any required insurance coverage or an acceptable alternative method of insurance will be deemed a breach of contract. 6.23.1 Minimum Scope and Limits of Insurance. An awarded Vendor must provide coverage with limits of liability not less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. 6.23.1.1 Commercial General Liability —Occurrence Form Policy shall include bodily injury, property damage and broad form contractual liability and XCU coverage. 6.23.1.2 Each Occurrence $1,500,000 6.24 Insurance Requirements: The limits listed in this RFP are minimum requirements for this Contract and in no way limit any indemnity covenants contained in this Contract. NJPA does not warrant that the minimum limits contained herein are sufficient to protect the Vendor from liabilities that might arise out of the performance of the work under this Contract by the Vendor, its agents, representatives, employees, or subcontractors, and t h e Vendor is free to purchase additional insurance as may be determined necessary. 6.25 Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the State of Minnesota and with an "A.M. Best" rating of not less than A- VII. NJPA does not warrant that the above required minimum insurer rating is sufficient to protect the Vendor from potential insurer solvency. 6.26 Subcontractors: Vendors' certificate(s) must include all subcontractors as additional insureds under its policies, or the Vendor must furnish to NJPA separate certificates for each subcontractor. All coverage for subcontractors are be subject to the minimum requirements identified above. H. ORDER PROCESS AND/OR FUNDS FLOW 6.27 NJPA Members typically issue a purchase order directly to a Vendor under a Contract resulting from this RFP. Alternatively, a separate contract may be created to facilitate acquiring products or services offered in response to this RFP. Nothing in this Contract restricts the Member and Vendor from agreeing 22 Page 305 of 408 to add terms or conditions to a purchase order or a separate contract provided that such terms or conditions must not be less favorable to NJPA's Members. 6.28 [This section is intentionally blank.] I. ADMINISTRATIVE FEES 6.29 Vendors will pay to NJPA an administrative fee in exchange for NJPA facilitating this Contract with its current and potential Members. NJPA may grant a conditional contract award to a Proposer if the proposed administrative fee is unclear, inadequate, or unduly burdensome for NJPA to administer. Sales under this Contract should not be processed until the parties resolve the administrative fee issue. 6.29.1 The administrative fee is typically calculated as a percentage of the dollar volume of all products and services by NJPA Members under this Contract, including anything represented to NJPA Members as falling under this Contract. 6.29.2 The administrative fee is included in, and not added to, the pricing included in Proposer's response to the RFP. Awarded Vendors must not charge NJPA Members more that permitted in the then current price list in order to offset the administrative fee. 6.29.3 The administrative fee is designed to cover the costs of NJPA's involvement in contract management, facilitating marketing efforts, Vendor training, and any order processing tasks relating to the Contract. Administrative fees may also be used for other purposes as allowed by Minnesota law. 6.29.4 The typical administrative fee under this Contract is two percent (2%). While NJPA does not dictate the particular fee percentage, we require that the Proposer articulate a specific fee in its response. For example, merely stating that "we agree to pay an administrative fee" is considered nonresponsive. NPJA acknowledges that the administrative fee percentage may differ between vendors, industries, and responses. 6.29.5 NJPA awarded Vendors are responsible for paying the administrative fee at least quarterly and for generating all related reporting. Vendors agree to cooperate with NJPA in auditing these reports to ensure that the administrative fee is paid on all items purchased under the Contract. 6.30 through 6.32 [This section is intentionally blank.] J. VALUE—ADDED ATTRIBUTES 6.33 Desirability of Value -Added Attributes: Value-added attributes in an RFP response will be given positive consideration in NJPA's evaluation process. Such attributes may increase the benefit of a product or service by improving functionality, performance, maintenance, manufacturing, delivery, energy efficiency, ordering, or other items while remaining within the scope of this RFP. 6.34 Women and Minority Business Enterprise (WMBE), Small Business, and Other Favored Businesses: Some NJPA Members give formal preference to certain types of vendors or contractors. Proposers should document WMBE (or other) status for both their organization and for any affiliates (e.g., supplier networks) involved in fulfilling the terms of this RFP. The ability of a Proposer to provide preferred business entity "credits" to NJPA and NJPA Members under a Contract will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. 6.35 Environmentally Preferred Purchasing Opportunities: Many NJPA Members consider the environmental impact of the products and services they purchase. "Green" characteristics demonstrated by Proposers will be evaluated positively by NJPA and reflected in the "value added" area of the evaluation. Please identify any green characteristics of any offering in your proposal and identify the sanctioning body 23 Page 306 of 408 determining that characteristic. Where appropriate, please indicate which products have been certified as green and by which certifying agency. 6.36 Online Requisitioning Systems: When applicable, online requisitioning systems will be viewed as a value-added characteristic. Proposers should demonstrate how their system makes online ordering easier for NJPA Members, including how Members could integrate their current e-Procurement or enterprise resource planning (ERP) systems into the Proposer's ordering process. 6.37 Financing: The ability of the Proposer to provide financing solutions to Members for the products and services being proposed will be viewed as a value-added attribute. 6.38 Technology: Technological advances that appreciably improve the proposed products or services will be considered value-added attributes. K. WAIVER OF FORMALITIES 6.39 NJPA reserves the right to waive minor formalities (or to accept minor irregularities) in any proposal, when it determines that considering the proposal may be in the best interest of its Members. 7 POST -AWARD OPERATING ISSUES A. SUBSEQUENT AGREEMENTS 7.1 Purchase Order. Purchase orders for products and services may be executed between NJPA Members and the awarded Vendor (or Vendor's sub -contractors) under this Contract. NJPA Members and Vendors must indicate on the face of such purchase orders that "This purchase order is issued under NJPA contract #XXXXXX" (insert the relevant contract number). Purchase order flow and procedure will be developed jointly between NJPA and an awarded Vendor after an award is made. 7.2 Governing Law. Purchase orders must be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the Member. (See also Section 8.5 of this RFP.) All provisions required by law to be included in the purchase order should be read and enforced as if they were included. If through mistake or otherwise any such provision is not included, then upon application of either party the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to purchase order will be a court of competent jurisdiction with respect to the Member. 7.3 Additional Terms and Conditions. Additional terms and conditions to a purchase order may be proposed by NJPA, NJPA Members, or Vendors. Acceptance of these additional terms and conditions is optional to all parties to the purchase order. One purpose of these additional terms and conditions is to address job- or industry -specific requirements of law such as prevailing wage legislation. Additional terms and conditions may also include specific local policy requirements and standard business practices of the issuing Member or the Vendor. Such additional terms and conditions are not considered valid to the extent that they interfere with the general purpose, intent, or currently established terms and conditions contain in this RFP document. For example, a Vendor and Member may agree to add a "net 30" payment requirement to the purchase order instead of applying a "net 10" requirement. But the added terms and conditions must not be less favorable to the Member unless NJPA, the Member, and the Vendor agree to a Contract amendment or similar modification. 7.4 Specialized Service Requirements. In the event that the NJPA Member desires service requirements or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in the Contract resulting from this RFP, the NJPA Member and the Vendor may enter into a separate, standalone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre -approval by the Vendor. Any separate agreement developed to address these 24 Page 307 of 408 specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, and employees shall not be made a party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified as a part of or within the scope of the awarded Contract. 7_5 Performance Bond. At the request of the Member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of purchase orders for products and services. If a purchase order is cancelled for lack of a required performance bond by the member agency, NJPA recommends that the current pending purchase order be canceled. Each Member has the final decision on purchase order continuation. Any performance bonding required by the Member, the Member's state laws, or by local policy is to be mutually agreed upon and secured between the Vendor and the Member. 7.6 Asset Management Contracts: Asset Management -type Contracts can be initiated under a Contract resulting from this RFP at any time during the term of this Contract. Such a contract could involve, for example, picking up, storing, repairing, inventorying, salvaging, and delivery products falling within the scope of this Contract. The intention in using Asset Management Contracts is to promote the long-term efficiency of NJPA's contracts by (among other things) extending the use and re -use of products. Asset Management Contracts cannot be created under this Contract unless they are executed within the authorized term of a Contract resulting from this RFP. The actual term of the Asset Management Contract may, however, extend beyond the expiration date of this Contract. B. NJPA MEMBER SIGN-UP PROCEDURE 7.6 Awarded Vendors are responsible for familiarizing their sales and service forces with the various forms of NJPA membership documentation and will encourage and assist potential Members in establishing membership with NJPA. NJPA membership is available at no cost, obligation, or liability to the Member or the Vendor. C. REPORTING OF SALES ACTIVITY 7.7 Awarded Vendors must report at least quarterly the total gross dollar volume of all products and services purchased by NJPA Members as it applies to this RFP and Contract. This report must include the name and address of the purchasing agency, Member number, amount of purchase, and a description of the items purchased. 7.7.1 Zero sales reports: Awarded Vendors must provide a quarterly Contract sales report regardless of the amount of sales. D. AUDITS 7.8 NJPA relies substantially on the reasonable auditing efforts of both Members and awarded Vendors to ensure that Members are obtaining the products, services, pricing, and other benefits under all NJPA contracts. Nonetheless, the Vendor must retain and make available to NJPA all order and invoicing documentation related to purchases that Members make from the Vendor under the awarded Contract. NJPA must not request such information more than once per calendar year, and NJPA must make such requests in writing with at least fourteen (14) days' notice. NJPA may employ an independent auditor at its own expense or conduct an audit on its own. In either event, the Vendor agrees to cooperate fully with NJPA or its agents in order to ensure compliance with this Contract. E. HUB PARTNER 7.9 Hub Partner: NJPA Members may request special services through a "Hub Partner" for the purpose of complying with a law, regulation, or rule that an NJPA Member deems to apply in its jurisdiction. Hub 25 Page 308 of 408 Partners may bring value to the proposed transactions through consultancy, through qualifying for disadvantaged business entity credits, or through other means. 7.10 Hub Partner Fees: NJPA Members are responsible for any transaction fees, costs, or expenses that arise under this Contract for special service provided by the Hub Partner. The fees, costs, or expenses levied by the Hub Vendor must be clearly itemized in the transaction documentation. To the extent that the Vendor stands in the chain of title during a transaction resulting from this RFP, the documentation must clearly indicate that the transaction is "Executed for the Benefit of [NJPA Member name]." F. TRADE-INS 7.11 The value in US Dollars for Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified "Trade -In" value shall be viewed as a down payment and credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration. G. OUT OF STOCK NOTIFICATION 7.12 The Vendor must immediately notify NJPA Members when they order an out -of -stock item. The Vendor must also tell the Member when the item will be available and whether there are equivalent substitutes. The Member must have the option of accepting the suggested substitute or canceling the item from the order. Under no circumstance may the Vendor make unauthorized substitutions. Unfilled or substituted items must be indicated on the packing list. H. CONTRACT TERMINATION FOR CAUSE AND WITHOUT CAUSE 7.13 NJPA reserves the right to cancel all or any part of this Contract if the Vendor fails to fulfill any material obligation, term, or condition as described in the following procedure. Before any such termination for cause, the NJPA will provide written notice to the Vendor, an opportunity to respond, and a reasonable opportunity to cure the breach. The following are some examples of material breaches. 7.13.1 The Vendor provides products or services that do not meet reasonable quality standards and that are not remedied under the warranty; 7.13.2 The Vendor fails to ship the products or to provide the services within a reasonable amount of time; 7.13.3 NJPA reasonably believes that the Vendor will not or cannot perform to the requirements or expectations of the Contract, NJPA issues a request for assurance, and the Vendor fails to respond; 7.13.4 The Vendor fails to fulfill any of the material terms and conditions of the Contract; 7.13.5 The Vendor fails to follow the established procedure for purchase orders, invoices, or receipt of funds as established by NJPA and the Vendor; 7.13.6 The Vendor fails to properly report quarterly sales; 7.13.7 The Vendor fails to actively market this Contract within the guidelines provided in this RFP and defined in the NJPA contract launch. 7.14 Upon receipt of the written notice of breach, the Vendor will have ten (10) business days to provide a satisfactory response to NJPA. If the Vendor fails to reasonably address all issues in the written notice, NJPA may terminate the Contract immediately. IfNJPA allows the Vendor more time to remedy the breach, such forbearance does not limit NJPA's authority to immediately terminate the Contract for continued 26 Page 309 of 408 breaches for which notice was given to the Vendor. Termination of the Contract for cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 8.2 [This section is intentionally blank.] 7.16 NJPA may terminate the Contract if the Vendor files for bankruptcy protection or is acquired by an independent third party. The Vendor must disclose to NJPA any litigation, bankruptcy, or suspensions/disbarments that occur during the Contract period. Failure to disclose such information authorizes NJPA to immediately terminate the Contract. 7.17 NJPA may terminate the Contract without cause by giving the Vendor sixty (60) days' written notice of termination. Termination of the Contract without cause does not relieve either party of the financial, product, or service obligations incurred before the termination. 7.18 NJPA may immediately terminate any Contract without further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting, or creating the Contract on behalf of NJPA has colluded with any Proposer for personal gain. NJPA may also immediately cancel a Contract if it finds that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor, to any employee of NJPA. Such terminations are effective upon written notice from NJPA or at a later date designated in the notice. Termination of the Contract does not relieve either party of the financial, product, or service obligations incurred before the termination. 8 GENERAL TERMS AND CONDITIONS 8. ADVERTISING A CONTRACT RESULTING FROM THIS RFP 8.1 Proposer/Vendor must not advertise or publish information concerning this Contract before the award is announced by NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. B. APPLICABLE LAW 8.2 [This section is intentionally blank.] 8.3 NJPA Compliance with Minnesota Procurement Law: NJPA has designed its procurement process to comply with best practices in the State of Minnesota. NJPA's solicitation methods are also created to comply with many of the various requirements that our Members must satisfy in their own procurement processes. But these requirements may differ considerably and may change from time to time. So each NJPA Member must make its own determination whether NJPA's solicitation process satisfies the procurement rules in the Member's jurisdiction. 8.4 Governing law with respect to delivery and acceptance: All applicable portions of the Minnesota Uniform Commercial Code, all other applicable Minnesota laws, and the applicable laws and rules of delivery and inspection of the Federal Acquisition Regulations (FAR) laws will govern NJPA contracts resulting from this solicitation. 8.5 Jurisdiction: Any claims that arise against NJPA pertaining to this RFP, and any resulting contract that develops between NJPA and any other party, must be brought only in courts in Todd County in the State of Minnesota unless otherwise agreed to. 8.5.1 Purchase orders or other agreements created pursuant to a contract resulting from this solicitation must be construed in accordance with, and governed by, the laws of the issuing Member. Any claim arising from such a purchase order or agreement must be filed and venued in a court of competent jurisdiction of the Member unless otherwise agreed to. 27 Page 310 of 408 8.6 through 8.7 [This section is intentionally blank.] 8.88 Indemnification: Each party is responsible for its own acts and is not responsible for the acts of the other party and the results thereof. NJPA's liability is governed by the Minnesota Tort Claims Act (Minn. Stat. §3.736) and other applicable law. 8_9 Prevailing wage: The Vendor must comply with applicable prevailing wage legislation in effect in the jurisdiction of the NJPA Member. The Vendor must monitor the prevailing wage rates as established by the appropriate federal governmental entity during the term of this Contract and adjust wage rates accordingly. 8.10 Patent and copyright infringement: The Vendor agrees to indemnify and hold harmless NJPA and NJPA Members against any and all suits, claims, judgments, and costs instituted or recovered against the Vendor, NJPA, or NJPA Members by any person on account of the use or sale of any articles by NJPA or NJPA Members if the Vendor supplied such articles in violation of applicable patent or copyright laws. C. ASSIGNMENT OF CONTRACT 8.11 No right or interest in this Contract may be assigned or transferred by the Vendor without prior written permission by the NJPA. No delegation of any duty of the Vendor under this Contract may be made without prior written permission of the NJPA. NJPA will notify Members by posting approved assignments on the NJPA website (www.njpacoop.org). 8.12 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor -in -interest must perform all obligations under this Contract. NJPA reserves the right to reject the acquiring entity as a Vendor. A change of name agreement will not change the contractual obligations of the Vendor. D. LIST OF PROPOSERS 8.13 NJPA will not maintain a list of interested proposers, nor will it automatically send RFPs to them. All interested proposers must request the RFP as a result of NJPA's national solicitation advertisements. Because of the wide scope of the potential Members and qualified national suppliers, NJPA has determined this to be the best method of fairly soliciting proposals. E. CAPTIONS, HEADINGS, AND ILLUSTRATIONS 8.14 The captions, illustrations, headings, and subheadings in this RFP are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. F. DATA PRACTICES 8.15 All materials submitted in response to this RFP become NJPA's property and become public records (under Minn. Stat. § 13.591) after the evaluation process is completed. If the Proposer submits information in response to this RFP that it requests to be classified as nonpublic information (as defined by the Minnesota Government Data Practices Act, Minn. Stat. §13.37), the Proposer must meet the following requirements. 8.15.1 The Proposer must make the request within thirty (30) days of the award/nonaward notification, and include the appropriate statutory justification. Pricing, marketing plans, and financial information is generally not redactable. The NJPA Legal Department will review the request to determine whether the information can be withheld or redacted. If NJPA determines that it must disclose the information upon a proper request for such information, NJPA will inform the Proposer of such determination. 28 Page 311 of 408 8.15.2 The Proposer must defend any action seeking release of the materials that it believes to be nonpublic information, and it must indemnify and hold harmless NJPA, its agents, and employees, from any judgments or damages awarded against NJPA in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the term of any contract awarded under this RFP. In submitting a response to this RFP, the Proposer agrees that this indemnification survives as long as NJPA possesses the confidential information. 8.16 [This section is intentionally blank.] G. ENTIRE AGREEMENT 8.17 This Contract, as defined herein, constitutes the entire agreement between the parties to this Contract. A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Contract Award & Acceptance document (Form E). H. FORCE MAJEURE 8.18 Except for payments of sums due, neither party is liable to the other nor deemed in default under this Contract if and to the extent that such parry's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions -intervention -acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure is deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and is deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure does not include late deliveries of products and services caused by congestion at a manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed party must (if possible) notify the other party of such delay within forty-eight (48) hours. 8.19 through 8.20 [These sections are intentionally blank.] K. LICENSES 8.21 The Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with NJPA and NJPA Members. 8.22 All responding Proposers must be licensed (where required) and must have the authority to sell and distribute the offered products and services to NJPA and NJPA Members. Documentation of the required licenses and authorities, if applicable, should be included in the Proposer's response to this RFP. L. MATERIAL SUPPLIERS AND SUB -CONTRACTORS 8.23 The awarded Vendor must supply the names and addresses of sourcing suppliers and sub -contractors as a part of the purchase order when requested by NJPA or an NJPA Member. M. NON -WAIVER OF RIGHTS 8.24 No failure of either party to exercise any power given to it hereunder, nor a failure to insist upon strict compliance by the other party with its obligations hereunder, nor a custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP constitutes a 29 Page 312 of 408 waiver of either party's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or to assert any right hereunder does not constitute a waiver of such right. N. PROTESTS OF AWARDS MADE 8.25 And protests must be filed with NJPA's Executive Director and must be resolved in accordance with appropriate Minnesota rules. Protests will only be accepted from Proposers. A protest of an award or nonaward must be filed in writing with NJPA within ten (10) calendar days after the public notice or announcement of the award or nonaward. A protest must include the following items. 8.25.1 The name, address, and telephone number of the protester; 8.25.2 The original signature of the protester or its representative (you must document the authority of the representative); 8.25.3 Identification of the solicitation by RFP number; 8.25.4 Identification of the statute or procedure that is alleged to have been violated; 8.25.5 A precise statement of the relevant facts; 8.25.6 Identification of the issues to be resolved; 8.25.7 The aggrieved party's argument and supporting documentation; 8.25.8 The aggrieved party's statement of potential financial damages; and 8.25.9 A protest bond in the name of NJPA and in the amount of 10% of the aggrieved party's statement of potential financial damages. O. SUSPENSION OR DISBARMENT STATUS 8.26 If within the past five (5) years, any firm, business, person or Proposer responding to an NJPA solicitation has been lawfully terminated, suspended, or precluded from participating in any public procurement activity with a federal, state, or local government or education agency, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the termination of a Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. P. AFFIRMATIVE ACTION AND IMMIGRATION STATUS CERTIFICATION 8.27 An Affirmative Action Plan, Certificate of Affirmative Action, or other documentation regarding Affirmative Action may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. 8.28 Immigration Status Certification may be required by NJPA or NJPA Members relating to a transaction from this RFP. Vendors must comply with any such requirements or requests. Q. SEVERABILITY 8.29 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, or statutory provision, or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms will be deemed stricken from the Contract, but such invalidity or unenforceability shall not invalidate any of the other terms of an awarded Contract resulting from this RFP. 30 Page 313 of 408 R. RELATIONSHIP OF PARTIES 8.30 No Contract resulting from this RFP may be considered a contract of employment. The relationship between NJPA and an awarded Vendor is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties neither intend the proposed Contract to create, nor is to be construed as creating, a partnership, joint venture, master -servant, principal -agent, or any other, relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement, warranty, representation, or otherwise in any manner whatsoever except as may be expressly provided herein. 9 FORMS [THE REST OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK.] 31 Page 314 of 408 Form A PROPOSER QUESTIONNAIRE- General Business Information (Products, Pricing, Sector Specific, Services, Terms and Warranty are addressed on Form P) Proposer Name: Questionnaire completed by: Please identify the person NJPA should correspond with from now through the Award process: Name: E-Mail address: Please answer the questions below using the Microsoft Wore version of this document. This allows NJPA evaluators to cut and paste your answers into a separate worksheet. Place your answer directly below each question. NJPA prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Please create a response that is easy to read and understand. For example, you may consider using a different font and color to distinguish your answer from the questions. Company Information & Financial Strength 1) Provide the full legal name, mailing and email addresses, tax identification number, and telephone number for your business. 2) Provide a brief history of your company, including your company's core values, business philosophy, and longevity in the RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES ;industry. 3) Provide a detailed description of the products and services that you are offering in your proposal. 4) What are your company's expectations in the event of an award? 5) Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. 6) What is your US market share for the solutions that you are proposing? What is your Canadian market share, if any? 7) Has your business ever petitioned for bankruptcy protection? Please explain in detail. 8) How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), please provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, please describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? 9) if applicable, provide a detailed explanation outlining the licenses and certifications that are both required to be held, and actually held, by your organization (including third parties and subcontractors that you use) in pursuit of the business contemplated by this RFP. 10) Provide all "Suspension or Disbarment" information that has applied to your organization during the past ten years. 11) Within this RFP category there may be subcategories of solutions. List subcategory titles that best describe your products and services. Industry Recognition & Marketplace Success 32 Page 315 of 408 12) Describe any relevant industry awards or recognition that your company has received in the past five years. 13) Supply three references/testimonials from your customers who are eligible for NJPA membership. At a minimum, please include the entity's name, contact person, and phone number. 14) Provide a list of your top five governmental or educational customers (entity name is optional), including entity type, the state the entity is located in, scope of the projects, size of transactions, and dollar volumes from the past three years. 15) Indicate separately what percentages of your sales are to the government and education sectors in the past three years? 16) List any state or cooperative purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 17) List any GSA contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? Proposer's Ability to Sell and Deliver Service Nationwide 18) Describe your company's capability to meet NJPA Member's needs across the country. Your response should address at least the following areas. a) Sales force. b) Dealer network or other distribution methods. c) Service force. Please include details, such as the locations of your network of sales and service providers, the number of workers (full- time equivalents) involved in each sector, whether these workers are your direct employers (or employees of a third party), and any overlap between the sales and service functions. 19) Describe in detail the process and procedure of your customer service program, if applicable. Please include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. 20) a) Identify any geographic areas of the United States that you will NOT be fully serving through the proposed contract. b) Identify any NJPA Member sectors (i.e., government, education, not -for -profit) that you will NOT be fully serving through the proposed contract. Please explain your answer. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 21) Define any specific contract requirements or restrictions that would apply to our Members in Hawaii and Alaska and in US Territories. Marketing Plan 22) If you are awarded a contract, how will you train your sales management, dealer network, and direct sales teams (whichever apply) to ensure maximum impact? Please include how you will communicate your NJPA pricing and other contract detail to your sales force nationally. 23) Describe your marketing strategy for promoting this contract opportunity. Please include representative samples of your marketing materials in electronic format. 24) Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. 25) In your view, what is NJPA's role in promoting contracts arising out of this RFP? How will you integrate an NJPA- awarded contract into your sales process? 33 Page 316 of 408 26) Are your products or services available through an e-procurement ordering process? If so, describe your e-procurement system and how governmental and educational customers have used it. Value -Added Attributes 27) Describe any product, equipment, maintenance, or operator training programs that you offer to NJPA Members. Please include details, such as whether training is standard or optional, who provides training, and any costs that apply. 28) Describe any technological advances that your proposed products or services offer. 29) Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 30) Describe any Women or Minority Business Entity (WMBE) or Srnall Business Entity (SBE) accreditations that your company or hub pawners have obtained. 31) What unique attributes does your company, your products, or your services offer to NJPA Members? What makes your proposed solutions unique in your industry as it applies to NJPA members? 32) Identify your ability and willingness to provide your products and services to NJPA member agencies in Canada. NOTE: Questions regarding Payment Terms, Warranty, Products/Equipment/Services, Pricing and Delivery, and Industry Specific Items are addressed on Form P. Signature: Date: 34 Page 317 of 408 Form B Company Name: Address: PROPOSER INFORMATION City/State/Zip: Phone: Fax: Toll -Free Number: E-mail: Website Address: Authorized signer for your organization Name: COMPANY PERSONNEL CONTACTS Email: Phone: The person identified here must have proper signing authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer. Who prepared your REP response? Name: Title: Email: Phone: Who is your company's primary contact person for this proposal? Name: Email: Other important contact information Title: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: 35 Page 318 of 408 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, AND SOLUTIONS REQUEST Company Name: Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Section/page Term, Condition, or Specification Exception NJPA ACCEPTS Proposer's Signature: Date: NJPA's clarification on exceptions listed above: 36 Page 319 of 408 FORM D Contract Award RFP #030117 Formal OfferinE of Proposal (To be completed only by the Proposer) RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES In compliance with the Request for Proposal (RFP) for [RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES, ;the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Date: Company Address: City: State: Zip: Contact Person: Title: Authorized Signature: (Name printed or typed) 37 Page 320 of 408 Form E NJPA #030117 Contract Acceptance and Award (To be completed only by NJPA) Proposer's full legal name Your proposal is hereby accepted, and a Contract is awarded. As an awarded Proposer, you are now bound to provide the defined products and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, your response, and any exceptions accepted by NJPA. The effective start date of the Contract will be , 20 and continue until - (no later than the later of four years from the expiration date of the currently awarded contract or four years from the NJPA Board's contract award date). This contract may be extended for a fifth year at NJPA's discretion. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: NJPA Executive Director (Name printed or typed) Awarded this day of , 20 NJPA Contract Number 1 #030117 I NJPA Authorized signature: NJPA Board Member (Name printed or typed) Executed this day of , 20 NJPA Contract Number j #030117 The Proposer hereby accepts this Contract award, including all accepted exceptions and NJPA clarifications. Vendor Name Vendor Authorized signature: (Name printed or typed) Title: Executed this day of , 20 NJPA Contract Number 1 #030117 38 Page 321 of 408 Form F PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJPA Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract. 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. [The rest of this page has been left intentionally blank. Signature page below] 39 Page 322 of 408 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above. Company Name: Address: City/State/Zip: Telephone Number: E-mail Address: Authorized Signature: Authorized Name (printed): Title: Date: Notarized Subscribed and sworn to before me this day of , 20 Notary Public in and for the County of State of My commission expires: Signature: 40 Page 323 of 408 Form G OVERALL EVALUATION AND CRITERIA For the Proposed Subject RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Conformance to RFP Terms and Conditions 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service Nationwide 100 Marketing Plan 50 Value -Added Attributes 75 Warranty 50 Depth and Breadth of Offered Products and Related Services 200 Pricing 400 TOTAL POINTS 1000 Reviewed by: Its Its 41 Page 324 of 408 Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions Proposer Name: Questionnaire completed by: Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts, and labor? • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equipment manufacturer? • What are your proposed exchange and return programs and policies? 6) Describe any service contract options for the items included in your proposal. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) 42 Page 325 of 408 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 13) Identify any total cost of acquisition costs that are NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery program. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. 17) Please specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Industry -Specific Questions 19) Of the following main categories, identify those in which you provide solutions: playground, recreation, aquatic/beach, and/or ice arena. 20) If your RFP offering better fits within a sub -category not identified in the preceding question, identify the subcategory using the list provided in the scope section of this RFP (Sec. 3.17.1.1). 21) Rank any subcategories you fit into (e.g., 1-5) based on how strongly you are positioned within each. 22) Specifically describe any manufacturing processes or material specification -related attributes that differentiate your offering from your competitors. 23) Describe any serviceability attributes that your offered solutions contain. Please indicate which of these attributes are considered "industry -expected attributes" and which you believe are "vendor differentiators." Signature: Date: 43 Page 326 of 408 10 PRE -SUBMISSION CHECKLIST Check when Completed Contents of Your Bid Proposal Form A: Proposer Questionnaire with all questions answered completely Form B: Proposer Information Form C: Exceptions to Proposal, Terms, Conditions, and Solutions Request Form D: Formal Offering of Proposal Form E. Contract Acceptance and Award Hard Copy Required Signed and Dated Electronic Copy Required - CD or Flash Drive - signature page only X X X X X Form F: Proposers Assurance of Compliance X Form P: Proposer Questionnaire with all questions answered completely X-signature page only Certificate of Insurance with $1.5 million coverage X Copy of all RFP Addendums issued by NJPA Pricing for all Products/Equipment/Services within the RFP being proposed Entire Proposal submittal including signed documents and forms. All forms in the Hard Copy Required Signed and Dated should be inserted in the front of the submitted response, unbound. Package containing your proposal labeled and sealed with the following language: "Competitive Proposal Enclosed, Hold for Public Opening XX-XX-XXXX" Response Package mailed and delivered priorto deadline to: NJ PA, 202 12th St NE, Staples, MN 56479 44 Page 327 of 408 11 NJPA VENDOR PRICE AND PRODUCT CHANGE REQUEST FORM Section 1. Instructions for Vendor Requests for product or service changes, additions, or deletions will be considered at any time throughout the awarded contract term. All requests must be made in writing by completing sections 2, 3, and 4 of this NJPA Price and Product Change Request Form and signed by an authorized Vendor representative in section 5. All changes are subject to review by the NJPA Contracts & Compliance Manager and to approval byNJPA's Chief Procurement Officer. Submit request through email to your assigned NJPA Contract Administrator NJPA will determine whether the request is 1) within the scope of the original RFP, and 2) in the best interests of NJPA and NJPA Members. Approved Price and Product Change Request Forms will be signed and emailed to the Vendor contact. The Vendor must complete this change request form and individually list or attach all items or services subject to change, must provide sufficiently detailed explanation and documentation for the change, and must include a complete restatement of pricing documentation in an appropriate format (preferably Microsoft® Excel®). The pricing document must identify all products and services being offered and must conform to the following NJPA product/price change naming convention: (Vendor Name) (NJPA Contract #) (effective pricing date); for example, "Acme Widget Company #012416-A WC eff. 01-01-2017." NOTE: New pricing restatements must include all products and services offered regardless of whether their prices have changed and must include a new "effective date' on the pricing documents. This requirement reduces confusion by providing a single, current pricing sheet for each Vendor and creates a historical record of pricing. ADDITIONS. New products and related services may be added to a contract if such additions are within the scope of the original RFP. DELETIONS. New products and related services may be deleted from a contract if, for example, they are no longer available or have been modified to a point where they are outside the scope of the RFP. PRICE CHANGES: Vendors may request price changes if they provide sufficient rationale for the change. For example, a Vendor that manufactures products that require substantial petroleum -related material might request a 3% price increase because of a 20% increase in petroleum costs. Price decreases: NJPA expects Vendors to propose their very best prices and anticipates that price reductions might occur because of improved technologies or marketplace efficiencies. Price increases: Acceptable price increases typically result from specific Vendor cost increases. The Vendor must include reasonable justification for the price increase and must not, for example, offer merely generalized statements about an increase in a cost -of -living index. Appropriate documentation should be attached to this form, including such items as letters from suppliers announcing price increases. Refer to the RFP for complete "Pricing" details. Section 2. Vendor Name and Type of Change Request CHECK ALL CHANGES THAT APPLY: AWARDED VENDOR NAME: ❑ Adding Products/Services vices ❑ Deleting Products/Services ❑ Price increase NJPA CONTRACT NUMBER: ❑ Price Decrease 45 Page 328 of 408 Section 3. Detailed Explanation of Need for Changes List the products and/or services that are changing or being added or deleted from the previous contract price list, along with the percentage change for each item or category. (Attach a separate, detailed document if changing more than 10 items.) Provide a general statement and documentation explaining the reasons for these price and/or product changes. EXAMPLES: 1) "All pricing for paper products and services are increased 5% because of increased raw material and transportation costs (see attached documentation of f rel and raw materials increase)." 2) "The 6400 series floor polisher is being added to the product list as a new model, replacing the 5400 series. The 6400 series 3% increase reflects technological changes that improve the polisher's efficiency and useful life. The 5400 series is now included in the "Hot List" at a 20% discount from the previous pricing until the remaining inventory is liquidated" If adding products, state how these are within the scope of the original RFP. If changing prices or adding products or services, state how the pricing is consistent with existing NJPA contract pricing. 46 Page 329 of 408 Section 4. Complete Restatement of Pricing Submitted A COMPLETE restatement of the pricing, including all new and existing products and services is attached and has been ernailed to the Vendor's Contract Administrator. ❑ Yes ❑ No Section 5. Signatures Vendor Authorized Signature Date Print Name and Title of Authorized Signer Jeremy Schwartz, NJPA Director of Cooperative Contracts and Procurement/CPO Date 47 Page 330 of 408 Appendix A NJPA The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential Member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal governmental, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution. For your reference, the links below include some, but not all, of the entities included in this proposal. http://www.usa.gov/Agencies/Local Government/Cities.shtml http://nces.ed.gov/globallocator/ https://harvester.census.gov/imls/search/index.asp http://nccsweb.urban.org/PubApps/search.php http://www.usa.gov/Government/Tribal-Sites/index.shtml http://www.usa.gov/Agencies/State-and-Territories.shtml http://www.nreca.coop/about-electric-cooperatives/member-directory/ Oregon Hawaii Washington 48 Page 331 of 408 Form C EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS, AND SOLUTIONS REQUEST Company Name: Spohn Ranch, Inc. Any exceptions to the terms, conditions, specifications, or proposal forms contained in this RFP must be noted in writing and included with the Proposer's response. The Proposer acknowledges that the exceptions listed may or may not be accepted by NJPA or included in the final contract. NJPA will make reasonable efforts to accommodate the listed exceptions and may clarify the exceptions in the appropriate section below. Section/page Term, Condition, or Specification Proposer's Signature: 4111 Exception No Exceptions NJPA ACCEPTS Date: 2/27/17 NJPA's clarification on exceptions listed above: Page 332 of 408 FORM D Contract Award RFP'ff #030117 Formal Offering of Proposal (To be completed only by the Proposer) RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES In compliance with the Request for Proposal (RFP) for RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES, the undersigned warrants that the Proposer has examined this RFP and, being familiar with all of the instructions, terms and conditions, general and technical specifications, sales and service expectations, and any special terms, agrees to furnish the defined products and related services in full compliance with all terms and conditions of this RFP, any applicable amendments of this RFP, and all Proposer's response documentation. The Proposer further understands that it accepts the full responsibility as the sole source of solutions proposed in this RFP response and that the Proposer accepts responsibility for any subcontractors used to fulfill this proposal. Company Name: Spohn Ranch, Inc. Date: 2/27/17 Company Address: 6824 S. Centinela Avenue City: Los Angeles State: CA Zip: 90230 Contact Person: Kirsten Deer Authorized Signature: 37 (Name printed or typed) Page 333 of 408 FORM E CONTRACT ACCEPTANCE AND AWARD (Top portion of thls form will be completed by NJPA if the vendor Is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract #: 030117-SRI Proposer's full legal name: Spohn Ranch, Inc. Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained In your proposal and to meet all of the terms and conditions set forth in this RFP, in any amendments to this RFP, and In any exceptions that are accepted by NJPA. The effective date of the Contract will be April 14, 2017 and will expire on April 14, 2021 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract), This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: NJPA rCTO1 OF COOPERATIVE CONTRACTS AND PROCUREME NJPA EXECUTIVE DIREC VCR) SIGNATURE Awarded on April 14, 2017 Jeremy Schwartz (NAME PRINTED OR TYPED) Chad Coauette (NAME PRINTED OR TYPED NJPA Contract # 030117-SRI Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name Spohn Ranch, Inc. Authorized Signatory's Title CEO VENDOR AUTHORIZED SIGNATURE Executed on April 14 , 20 17 Kirsten Dermer (NAME PRINTED OR TYPED) NJPA Contract # 030117-SRI Page. 334 of 408 FoymF PROPOSER ASSURANCE OF COMPLIANCE Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, authorized representative of the entity submitting the foregoing proposal (the "Proposer"), swears that the following statements are true to the best of his or her knowledge. 1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to NJPA members agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract. 2, The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of NJPA, or any person, firm, or corporation under contract with NJPA, in an effort to influence the pricing, terms, or conditions relating to this RIP in any way that adversely affects the free and open competition for a Contract award under this RFP. 3, The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted in writing and have been included with the Proposer's RFP response. 4. The Proposer will, if awarded a Contract, provide to NJPA Members the /products and services In accordance with the terms, conditions, and scope of this RFP, with the Proposer -offered specifications, and with the other documents in this solicitation. 5. The Proposer agrees to deliver products and services through valid contracts, purchase orders, or means that are acceptable to NJ PA Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to NJPA Members under an awarded Contract, 6. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders, 7. The Proposer understands that NJPA will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statute § 13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals. generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 8. The Proposer understands that it is the Proposer's duty to protect information that it considers nonpublic, and it agrees to defend and indemnify NJPA for reasonable measures that NJPA takes to uphold such a data designation. Inc rest of this page has been left intentionally blank. Signature page below) 39 Page 335 of 408 By signing below, Proposer is acknowledging that he or she has read, understands, and agrees to comply with the terms and conditions specified above, Company Name: Address: Spohn Ranch, Inc. 6824 S. Centinela Avenue City/State/Zip: Los Angeles, CA 90230 Telephone Number: 626-330-5803 E-mail Address: n@s ohnranch Authorized Signature: Authorized Name (printed): Kirsten Dermer Title: Date: CEO 2/27/17 Notarized KIMBERLY MICHELLE MERCER Commission # 2093705 L Notary Public - California z Los Angeles County 1. Mr Cornm. EAres Dac 15.20.14 Subscribed and sworn to before me this 27th day of February , 20 17 Notary Public in and for the County of Los Angeles State of California My commission expires: Signature: igilq 40 Page 336 of 408 Form P PROPOSER QUESTIONNAIRE Payment Terms, Warranty, Products and Services, Pricing and Delivery, and Industry -Specific Questions Proposer Name: Spohn Ranch, Inc. Questionnaire completed by: Spohn Ranch, Inc./ Kirsten Dermer -Payment Terms and Financing Options 1) What are your payment terms (e.g., net 10, net 30)? Payment terms depend on the type of project. If simply a purchase of standard equipment, payment terms are net 30. If a project is design -build and involves some custom work, we bill on a percentage of completion basis. 2) Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions? Spohn Ranch will partner with National Cooperative Leasing (NCL) to offer NJPA members a complete suite of finance solutions. NCL is a current NJPA financing contract holder (11032615-NCL) and is an industry expert in municipal financing solutions. NCL will offer leasing terms from 12-120 months an transactions from $5,000.00 and up. Traditional leasing and financing programs will be offered along with programs specifically designed for schools and governmental entities including Tax -Exempt Municipal Leases and a Purchase Order Only program. There is no ownership, common ownership, or control between Spohn Ranch and NCL. 3) Briefly describe your proposed order process. Please include enough detail to support your ability to report quarterly sales to NJPA. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the NJPA Members' purchase orders. Orders will be made via purchase order, after Spohn Ranch and the client agree upon a proposal including terms and scope of work. A purchase order would have NJPA's contract number identified and logged in Spohn Ranch's enterprise management system. Spohn Ranch would be able to report in real time on the amount of sales using the NJPA contract. Certain projects may also require supplemental agreements between Spohn Ranch and the client to address project -specific items such as prevailing wage, bonding requirements, etc. 4) Do you accept the P-card procurement and payment process? If so, is there any additional cost to NJPA Members for using this process? No. Warranty 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, but at a minimum please also answer the following questions. • Do your warranties cover all products, parts, and labor? Yes. • Do your warranties impose usage restrictions or other limitations that adversely affect coverage? Yes. • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs? Yes. Page 337 of 408 • Are there any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs? No. How will NJPA Members in these regions be provided service for warranty repair? • Will you cover warranty service for items made by other manufacturers that are part of your proposal, or are these warranties issues typically passed on to the original equiprnent manufacturer? If there were any, Spohn Ranch would pass through and facilitate warranty claims. • What are your proposed exchange and return programs and policies? N/A. Our work is subject to the client's acceptance. If accepted, it is subject to Spohn Ranch's industry -leading warranty as the remedy for any post - installation issues. 6) Describe any service contract options for the items included in your proposal. Service is not typically part of the proposal. Spohn's affiliate, Action Park Alliance, provides comprehensive skate park management, planning, and programming if desired. Pricing, Delivery, Audits, and Administrative Fee 7) Provide a general narrative description of the equipment/products and related services you are offering in your proposal. Spohn Ranch offers the entire suite of design and build services for skatepark delivery. Spohn Ranch offers manufactured concrete and modular (skatelite, wood, steel, hybrid) skatepark products, shipping and installation of such products, as well as ancillary on -site construction services including excavation, drainage, landscaping, fill, forming, rebar, concrete pouring & testing. Each design is custom, based upon the needs and desires of the individual community and Spohn Ranch has the capability of creating new features. 8) Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract. See the body of the RFP and the Price and Product Change Request Form for more detail.) We have provided detailed price lists with SKUs electronically (on the enclosed thumb drive) for each product line and all ancillary services. We have also provided detailed product information including technical specifications and warranty. All our above -ground modular ramp systems are branded with the TrueRide name. • SpohnCrete — precast concrete • TrueRide HD Series — galvanized steel structure with Skatelite Pro surface • TrueRide Steel Series — powder -coated steel structure and surface • TrueRide Classic Series — ACQ-treated lumber structure with Skatelite Pro surface • Ancillary Services — site preparation, concrete work, site amenities We will apply the NJPA contracting discount to the entire order, as a lump sum. 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents is a 50% percent discount from the MSRP or your published list. 8% off MSRP 10) The pricing offered in this proposal is a. the same as the Proposer typically offers to an individual municipality, university, or school district. Page 338 of 408 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. Xc, better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. d. other than what the Proposer typically offers (please describe). 11} Describe any quantity or volume discounts or rebate programs that you offer. N/A. Skateparks are not typically ordered in quantity. 12) Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. We will supply a quote for each request for sourced, open -market, or non-standard products. 13) Identify any total cost of acquisition costs that arc NOT included in the pricing submitted with your response. This cost includes all additional charges that are not directly identified as freight or shipping charges. For example, list costs for items like installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. All additional charges are detailed in our Ancillary Costs price sheet, in electronic format on the thumb drive. 14) If delivery or shipping is an additional cost to the NJPA Member, describe in detail the complete shipping and delivery pro gratn. Spohn Ranch owns our own trucking company, serving the entire United States. For each project, Spohn Ranch will seek to find the most effective manner of shipping, whether self -shipping in its own trucks, or obtaining shipping on the market. 15) Specifically describe those shipping and delivery programs for Alaska, Hawaii, Canada, or any offshore delivery. Standard shipping would apply — container shipping for manufactured goods to Alaska and Hawaii. Canada via truck. 16) Describe any unique distribution and/or delivery methods or options offered in your proposal. Spohn Ranch owns a trucking subsidiary, enabling us to control deliveries of pre-cast/modular products. 17) Please specifically describe any sell -audit process or program that you plan to employ to verify compliance with your proposed Contract with NJPA. This process includes ensuring that NJPA Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. Spohn Ranch's head of sales will cross reference NJPA Purchase Orders with the total amount reported to ensure accuracy. NJPA pricing will be set automatically within Spohn Ranch's data system. Each order will be cross checked against the NJPA price list prior to fulfillment. 18) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's Page 339 of 408 sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) Two percent of gross sales. Industry -Specific Questions 19) Of the following main categories, identify those in which you provide solutions: playground, recreation, aquatic/beach, and/or ice arena. Playground, recreation 20) If your REP offering better fits within a sub -category not identified in the preceding question, identify the subcategory using the list provided in the scope section of this RFP (Sec. 3.17.1.1). Spohn Ranch's goods and services more properly are classified as 11. Skate park solutions. 21) Rank any subcategories you fit into (e.g., 1-5) based on how strongly you are positioned within each. 1. (11 — Skate park solutions). 2. (2 — Recreation) 3. (5 — Playground Surfacing) 4. (6 -- Outdoor exercise equipment) 22) Specifically describe any manufacturing processes or material specification -related attributes that differentiate your offering from your competitors. Spohn Ranch has the highest quality manufacturing facilities for its pre -cast product, making it more durable, with fewer Joints, than other pre -cast products. Spohn Ranch's pre -cast concrete has the optimal PSI, rebar, and obstacle size, Spohn Ranch also has the most stringest specifications for its poured -in -place concrete including specific and proprietary concrete mix designs for use in different climatic zones. 23) Describe any serviceability attributes that your offered solutions contain. Please indicate which of these attributes are considered "industry -expected attributes" and which you believe are "vendor differentiators." Spohn Ranch's pre -cast concrete skateparks are the most serviceable product available in the Industry. Spohn Ranch's pre -cast specifications eclipse competing products by a significant margin and have become the industry standard. The extremely limited need to maintain and lack of needed capital repairs make Spohn Ranch's primary product line eminently serviceable. Similarly, our proprietary mix designs and AO certified nozzlemen make our poured -in -place concrete skatepark products a vendor-differentiator. Together, Spohn Ranch's hybrid skateparks require Tess service and have easier service, than any other manufacturer, designer, or builder in the market. Signature: Date: 2/27/17 Page 340 of 408 FORM E CONTRACT ACCEPTANCE AND AWARD (Top portion of this form will be completed by NJPA If the vendor Is awarded a contract. The vendor should complete the vendor authorized signatures as part of the RFP response.) NJPA Contract #: 030117-SRI Proposer's full legal name: Spohn Ranch, Inc, Based on NJPA's evaluation of your proposal, you have been awarded a contract. As an awarded vendor, you agree to provide the products and services contained In your proposal and to meet all of the terms and conditions set forth In this RFP, In any amendments to this RFP, and in any exceptions that are accepted by NJPA. The effective date of the Contract will be April 14, 2017 and will expire on April 14, 2021 (no later than the later of four years from the expiration date of the currently awarded contract or four years from the date that the NJPA Chief Procurement Officer awards the Contract). This Contract may be extended for a fifth year at NJPA's discretion. NJPA Authorized Signatures: NJPA E7T CTO AND PROCUREME OF COOPER TIVE CONTRACTS Jeremy Schwartz (NAME PRINTED OR TYPED} ''111`11Iwrr- .,.....� �`" —__ Chad Coauette NJPA EXECUTIVE D1REC • `/CEO SIGNATURE (NAME PRINTED OR TYPED} Awarded an April 14, 2017 NJPA Contract # 030117-SRI Vendor Authorized Signatures: The Vendor hereby accepts this Contract award, including all accepted exceptions and amendments. Vendor Name Spohn Ranch, Inc. Authorized Signatory's Title CEO Kirsten Dermer VENDOR AUTHORIZED SIGNATURE (NAME PRINTED OR TYPED) Executed on April. 14 , 20 17 NJPA Contract # 030117-SRI Page 341 of 408 JPA National loin powers Alliance' 888.894.1930 Contact Us .lout Us l Cooperative Purchasing Statewide/Regional Solutions Organizational _..,. -sr,: Aecreatrcn and Pla; yrQ.,od Eeuipmsnt arce;cr,?;, and Suppi es NJPAcceas for Vendors p Cooperative Purchasing - Recreation and Playground Equipment, Accesories, and Supplies Procurement Process About IA Affiliations & Relationships Become a Member &come a Vendor Get to Know N,PA Current & Pending Shcdtadoru - lndeSnire Quantity Construction Contrac0ng Systems and related services - Autorrotise and Truck Repiacement Parts and Tres with Related Equipment. Accessories, and Services - Class 6.7, and 8 Chassis v2dt Related Equipment. Accessories, and Services - Multi -Function Copiers, Printers, and Equipment - Express Courier.Ovamigrs. Grated Delivery Logistics Services - Elevators. Escalators. and Mowing Walks with Related Equipment Services, Accessories and Supplies -Forklifts, Lift Trucks and Related Material Handling Equipment, Attachments, Accessories, and Services -Pest Managemere with Related Products and Services PE, a The National Joint Powers Alliance* (r31PA), on behalf of NJPA and its current and potential member agencies, which includes a€1 governmental higher educator). K-12 education, nol.for-prof, tribal government, and all other public agencies located in all6fty states, Canada and internationally, issues this Request For Proposal (RFP) to result in a nation& contract solution for the procurement of A030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. De;aiis of this REP are amiable beginning January 12, 2017. Details may be obtained by letter or request. to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFA@ry'pacoop.crg. Proposals will be received until March 1, 2017 at 4:30 p.m Central Time at the above address and opened March 2, 2017 at 8:30 are. Central Time. Pre -Proposal Conference: February 7, 2017 at 10:00 am CT Sealed proposals due; March 1, 2017 at 4:30 pm CT Proposals will be publicly opened: March 2, 2017 at 8:30 am CT NJPA reserves the right to reject any and all proposals. To Obtain RFP documents do one of the following: 1. F-mall rfp@ri pacoop org. an email will be sent back to you with the documents 2. Send a letter of request to National Joint Porters Alliance: Attn: Contracts and Compliance Department 202 12th Street NE, Stales, MN 56479 3. Complete the RFP Document Request Form below, this will redirect you to a page where you can get the documents immediately. RFP Document Request Form (this will redirect you to a page to download the documents): Vendor Name' Vendor Address' Vendor City " Vendor State Vendor2ip Contact Name' Contact Phone Number' Contact Email Address' chalmAjpacoop.orgicoaperative-pnrchnsinyUccome-rendorfenrrenl-pending-solicilalionsirecrealion-and-pin) ground-ennipment-acccsones-and-supplies/)1/ 12J2017 8281] AM] Page 342 of 408 - Classroom Audo Tectndogy Equipment with Related Accessories. Senices, and Supplies • Public Safety and Ensergency Management Related Equipment. Supplies and Services - Vehicles Cars Vans SINS. and Light Truck with Related Equipment Accessories and Services - Managed Service Prcrsider {LISP) for Information Technology and I.T. Staff Aug n nnta5:n - Ree management and Related Tedtndogr SoVices - Recreation and Playground Equprr!ent Accesories, and Supplies Vendor Reference Guide Contracts - General Contracts - Fleet Contracts - ezIQC Construction Cooperative Health Current & Pending Solicitations FAQs Hair./ to Purchase State Legal References NJPA Access for Vendors Public Sector Insured Deposit Search Vendors & Products Vendor Advantage What Can NJPA Do For You Procurement Plaza c/Avwv rikacoop.orecooperative-purchasing/become-rendoricurrem-pending-solicilationslrecreation-and-playground-equipment-occesories-and-supplies4113712D17 B 28:11 AM] Page 343 of 408 '111rPJPA National Joint Powers Alliance' c © ® ?01b NATIONAL JOINT POWERS ALLIANCEP J212th Street NE O. Box 219 aples, MN 56479 188-894-1930 s. 9 Eeco fie a — Become a MEMBER- • VENDOR CONTACT US BECOME A MEMBER BECOME A VENDOR National Cooperative Contract Solutions Contrail Directory Current & Pending Solicitations Press Room List of NJPA Contracts Vendor Get To Know Us Sitemap Membership Application Vendor Reference Guide States Legal Authority Member Testimonials Testimonials Who is NJPA? Website Credits IAnew.njpacoop.orecooperalice-purchasing/become-rendodcurrenl ending-solicitationslreccemion-and-playground-equipment-accemries-and-suppliesgl/E712017 8:28:1I AM] Page 344 of 408 [Go Back To Agency View] [Bid Board] Pubhc I Purchasei, Chat it Help Logout National Joint rowers Alliance* Bid RFP #030117 - RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Bid Type RFP Bid Number 030117 Title RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Start Date Jan 12, 2017 8:45:39 AM CST End Date Mar 1, 2017 12:00:00 AM CST Agency NJPA Bid Contact Ginger Line (218) 894-5483 t, ginger.line@njpacooP.org 202 12th Street NE P.O. Box 219 Staples, MN 56479-0219 Questions 0 Questions [View/Ask Questions] Description The National Joint Powers Alliance@ (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for - profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 1, 2017 at 4:30 p.m. Central Time at the above address and opened March 2, 2017 at 8:30 a.m. Central Time. Delivery Information Jonathan Yahn, NJ1'A, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 Pre -Bid Conference Documents Date Feb 7, 2017 10:00:00 AM CST Location Webcast/Conference Cali Notes Connection information will be sent two business days prior to the event. p://www.publicpurchase.comlgemsibid/bid View?bidld=7222G[1/12/2017 8:45:58 AM] Page 345 of 408 i No Documents For this bid Customer Support: vendorsupport@publiCpurChaS0.00m S Copyright 1999-2017 Cci I The Public Group, LLC. A}i rights reserved. ld: l'111)1'1cl(..;i(l1li). plAvvov.publicpurchase.cornlgent sib icilbidView?bid[d=72226[1/12/2017 8:45:58 AIM Page 346 of 408 RzCOW National Joint PowersAfliance 'Welcome Glnler MOO National Joint Powers Alliance EA F - Profile ' Loaoul tivmc E Qguremcnl plan Re9uLblllen Rld D.,cumc IA Blddlna Evaluation CI M Worknaw v BePOn-.. ltasteLS.'I0P Acrounl L Scots LulotDM, E' llnerrott no Bld Information Pending Biddingo Approval Bid Information for 030117 Bid Number 03011T Published By rkdenal Joint Pones Biome Contract Type RFP Published Date 01112l2017 Country 6 ProvincelState Ontmin, Canada Bid Typo Gads Remind Notice Date Net47100be NIGP Code Accept questions Not Appicab10 Requirements Bld Name Solicitation Type Procurement Name Closing Date Region & City Group Publish Oplfon Value Range Tender Area RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES Open Le aU suppherr Procurement 03101/2017 04:30:00 PM Cr ha Applicable N0A Requirement Na Ap61Kdde Noi Date Not ARM -Cabe Otto Meetings Not Appl:cabe Bid Advertisement RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES 030117 Closing Date: 03/01/2017 04:30100 PH CT Detail: The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for - profit, tribal government, and all other public agencies located In all fifty states, Canada, and internationally, issues this Request For Proposal {RFP} to result in a national contract solution far the procurement of 8030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Details of 10is RFP are available beginning January 12, 2017. Details may be obtained by letter of request 10 Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Sox 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 1, 2017 a14:30 p.m. Central Time at the above address and opened March 2, 2017 at 8:30 a.m. Central Time, Bid Document No 014 Document selected Selected Categories (Biddingo Category) : /racorr.biddinga.eon',ie1 edlica1iml3563151in3033[t1L20l7 1E4333 AM] I Back to List Page 347 of 408 .. Unclassified categories Miscellaneous items Macdlanean Bids focateRth:srategay are not dasaAed in the adsting BddIngo categcrks. E. Structure atio ParRe[leatlonal FdOL9GS ... Ce ryes and Gawp rdss, playground equIpRentr Bus P2ers etc Pods,ilV:e Pdrk S%LemS fC Arenas. Grdaryar65 GdWf5e5� L1pgldtlas Alld IAa'sAenarcA blGsdRri Attached Bld Documents Seq. Name description She Page No File Attached NNA Navies, Required Document Invited Bidders Name I Email Address Phone Fax No Bidder In 1Md M Copyright2011 R]&LY Al Rghts Reorred PQW t4IW /]dUlQOeam. 5 SUPPORT iOovaibad Tralnim Manuulel e 1 Jrkins. iddinso.comrcisssVerification,3563L51121183311112(!O]TSJ2:33 AM] Page 348 of 408 Loading... Ok MER* Need Help: (888) 738-3005 t / (613) 727-4987 tp (local) I Need Help? I Francais Logout • Go to homepage • ,Solicitations • Vendors • Reports • My Account • ,Solicitations List • ,Solicitation I.ihraly • hical Historical • New Solicitation 0301.17 - Recreation and Playground Equipment, Accessories, and Supplies (Published) Actions • Actions • Create Amendment • Notify New Supplier • Add Categories • Cancel Solicitation • View Task Assignments • Clone Solicitation • Preview • Amendment • Bid Results • Award • Audit • Notice • Documents • Categories • Document Request List • Print Basic Information Estimated Contract Value (CAD) ps:llwww.merx4.merx.comlprivaleibuyerlsolicitationsr367232704/preview[1112/2017 8:39:06 AM] Page 349 of 408 99,999,999,999.00 (Not shown to suppliers) Reference Number 0000047270 Issuing Organization National Joint Powers Alliance Solicitation Type RIP - Request for Proposal Solicitation Number 030117 Title Recreation and Playground Equipment, Accessories, and Supplies Source ID PP.CO.USA.868485.C88455 Details Region Canada, All of Canada, All of Canada Purchase Type Term: 2017/04/01 12:00:00 AM CDT - 2021/04/12 12:00:00 AM CDT Option: 4 year contract Dates Publication Date 2017/01/12 08:38:43 AM CST Question Acceptance Deadline 2017/02/22 11:59:00 PM CST Questions are submitted online No Closing Date 2017/03/01 04:30:00 PM CST Bid Intent ps:/hvww.merx4.merx.com/private/Mayer!solicitations/367232704/preview[1/12/20I7 8:39:06 AM] Page 350 of 408 Not Available Prebid Conference 2017/02/07 10:00:00 AM CST Contact Information Ginger Line 218-894-1930t, ginger.line@njpacoop.org Description The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (REP) to result in a national contract solution for the procurement of #030117 RECREATION ..See more Pre -Bidding Events Event Type Prebid Conference Attendance Recommended Event date 2017/02/07 10:00:00 AM CST Location Webcast/Conference Call Event Note Connection information will be sent to all inquirers two business days prior to the event. Bid Submission Process Bid Submission Type Physical Bid Submission Pricing In attached document Pricing psahvww.merx4.merx.comlprivate/buyerlsolicitations/3672327041preview[1/12/2017 8:39:06 AM] Page 351 of 408 In attached document «Back to Solicitation List 030117 - Recreation and Playground Equipment, Accessories, and Supplies (Published) Modifying this solicitation will cancel its scheduled publication. Once you have completed your modifications, you will have to re -publish the solicitation in order to reschedule its publication. Are you sure you want to modify this solicitation? No Yes MERX - Ali rights reserved. No part of the information on this Web Site may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of MERX and the Minister of the participating government department (if applicable). MERX, the Minister nor the Contracting Authority will assume responsibility or liability for the accuracy of the information contained in the publication. Disclaimer Mediagrif Logo ps:l/ w.merx4.merx.comlprivaielbuyer/solicitations/36723270,1/preview[1112/2017 8:39:06 AM] Page 352 of 408 AFFIDAVIT OF PUBLICATION DJC 921 S,W, Washington St. Suite 2101 Portland, OR 97205-2810 (503) 226-1311 OFFICIAL STATE OF OREGON, COUNTY OF MULTNOMAH--ss. t, Michelle Ropp , being first duly sworn, depose and say that 1 am a Principal Clerk of the Daily Journal of Commerce , a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the Goods and Services notice described as Case Number: NOT PROVIDED RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES National Joint Powers Alliance« (Ripe); BId Location Staples, MN, Cass County; Due 03101/2017 at 04:30 PM a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 time(s) in the following issues: 1/13/2017 State of Oregon County of Multnomah SIGNED OR ATTESTED BEFORE ME THE 110 h DAY OF April, 2017 .ite� Michelle p Notary Public -Slate of Oregon OFFICIAL STAMP SELAH MICHELE FARMER NOTARY PUBLIC • OREGON COMMISSION NO. 959961 MY COMMISSION EXPIRES FEBRUARY 27, 2021 Ginger Line National Joint Powers Alliance 202 121h St NE Staples, MN 56479-2438 NATIONAL JOINT POWERS ALLIANCE (NJPA) RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES pro Rp.m., FOR PR POSALSMarch 2017 The National Joint Powers Absence® (NJPA), on behalf of NJPA and Rs current end potential member agencies, which includes all governmental, higher education, K-12 education, not•far-profL tribal government, end ell other public agendas located in all llfiy slates, Canada, end intemationely, Issues this Request For Proposal (RFP} to result in a national contract solution for the procure- ment of 1030117 RECREATION ANO PLAYGROUND EQUIPMENT, ACCES- SORIES, AND SUPPLIES, Details of this RFP ore avallabls beginning January 12, 2017. Waite may be obtained by teller of request 10 Jonathan Yahn, NJPA, 202 12111 Street Northeast, P.O. Box 219, Staples, MN 58479, or by a -mall et RFPOniDocQQS&1g. Proposals will bo receive dd until March 1, 2017 at 4:30 p.m. Central Time el the above address and openod March 2, 2017 al 8:30 a.m. Central Time. Please see who lhle pertains 10 here: hit o:Liwww,njpao00a.Plat CiffigertiPublished an.. 113,, 2017. 11247816 Order No.: 11297616 Client Reference No; RFP #030117 Page 353 of 408 THE STATE MEDIA CO., INC. Columbia, South Carolina publisher of Z6.2 tAtme STATE OF SOUTH CAROLINA COUNTY OF RICHLAND Personally appeared before me, Allison Branham, Sales Operations Supe of THE STATE, and makes oath that the advertisement, • QUE*T POR JAL $ N 'TN+tb , (I JPA).. 0r NJPA andlt. CwtenkardWOW meppar ape+ ; lit+0 povammoni, utd a4 oth.r.P ' :sweet Wag/ )n&kV .sates, earw., and V. Request For Ptbpo.tl (RFP) to noun In a e.Potiel m0Uad sopMon tthe,ot.ice,t, REOF TIMONO.U-. '.' °ROUND E0U1p1,1ENT,'At3CE9-. SORIES, ANG SUPeuse. at Co* RFP an Ouse 69paltN49.. • January 2017,Dlt.IYJMY �y�,�d yW.tt rdr.g7a*Sjo .. . atri irYdx4tiieh4ce4*.s ae. N0l e0t. P.O. 21o;St . IM20472,orpy.m ltRFPIN o01, d uidrctri; f7.s# J:viral rJ. p.m.!c.and Tie a 02 abaw El - dross and WttO2, 201Tat e3d.m.ceigr ?sn.. 297221p' ,.. REQUEST FOR PROPOSALS The National Joint Powers Atliancee (NJPA), on behalf of NJPA a current and potential member agencies, which Includes all governmental, higher education, K-12 educ iliii e "— not -for -profit, tribal government, and all other public agencies located In all fifty states, Canada, and internationally, Issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of #030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. 0002872210 was inserted in THE STATE, a daily newspaper of general circulation published in the City of Columbia, State and County aforesaid, in the issue(s) of January 12, 2017 Allison Branham, Sales Operations Supervisor Subscribed and sworn to before me, Karen L. Book, on this day, January 16, 2017 / -L My commission expires September 7, 2026. Notary Public "Errors- the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occupied by the item in error, and then only for the first incorrect insertion." Page 354 of 408 w r r u a..)uuu n. WEST VALLEY CITY, UTAH 84118 PED.'I'AX LAN 87-0217663 801-204-6910 PROOF OF PUBLICATION CUSTOMER'S COPY CUSTOMER NAME AND ADDRESS NATIONAL JOINT POWERS ALLIANCE, Accounting Dept PO BOX 219 STAPLES MN 56479 1)0'S(I1'i'1 Nev ACCOUNT NUMBER 9001496962 DATE I/12/2017 ACCOUNT NAME NATIONAL JOINT POWERS ALLIANCE, TELEPHONE 2188945483 PUBLICATION SCHEDULE START 01/12/2017 END 01/12/2017 ORDER # / INVOICE NUMBER 0001131963 / CUSTOMER REFERENCE NUMBER #030117 CAPTION REQUEST FOR PROPOSALS The National Joint Powers Alliance (NJPA), on behalf of r SIZE 38 LINES I TIMES 3 1 COLUMN(S) TOTAL COST 87.46 Ilr,` tiI1 tzlcr� r14rt1rir RROVES7 FOR PROPOSALS AT Powers IIiaII sr IfNJPA),be- half of t 11PA and its arr. rent oad polenrral member ndngI� lei, which rrkhopdess rtaedocclie , ire 12 edurullon. IqI-far-profs 1ribal oe�oav-l{rer rmlenr, aril 8 pl,hlk o9enrles.leralad.8 :all fifty Borer, Carfswes and equestfronahyy. town Ihlr Request Far Proporal alrw)nlracolssolutian fart he pproorremonl of 0301 1 qq RECRFATIa11 PIAC- [EG AND OUND �bUES petals' of Ihrs RFP are available beolro.rnp Janu- ary be obtained by0lelte of request to Jonathan yr8rn, TUPA, 202 12th Street 1'knlleart P,O, 600 219 SlaepEes, #6i 56a7���9...((( or -6y -mail 01 RFF@ nlP aEaop.era. Proposals w111 be eterred 0111 March 1, 2017 at Ar30 , OCenral lone at lha pen oddross and opened Mardi 2, 2017 0l 1Ar131963 Central P AFFIDAVIT OP PUBLICATION AS NEWSPAPER AGENCY COMPANY, LLC dba UTAH MEDIA GROUP LEGAL BOOKER. I CERTIFY THAT THE ATL'ACHED ADVERTISEMENT OF REQUEST FOR PROPOSALS The Notional Joint Powers Alliance (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all government FOR NATIONAL JOINT POWERS ALLIANCE, WAS PUBLISHED BY THE NEWSPAPER AGENCY COMPANY, LLC dba UTAH MEDIA GROUP, AGENT FOR DESERET NEWS AND THE SALT LAKE TRIBUNE, DAILY NEWSPAPERS PRINTED IN THE ENGLISH LANGUAGE WITH GENERAL CIRCULATION IN UTAH, AND PUBLISHED 114 SALT LAKE CITY, SALT LAKE COUNTY 1N THE STATE OF UTAH. NOTICE IS ALSO POSTED ON UTAHLEGALS.COM ON THE SAME DAY AS THE FIRST NEWSPAPER PUBLICATION DATE AND REMAINS ON UTAHLEGALS.COM INDEFINATELY. COMPLIES WITH UTAH DIGITAL SIGNATURE ACT UTAH CODE 46-2-101; 46-3-104. PUBLISHED ON Start 01/12/2017 End 01/12/2017 DATE 1/12/2017 STATE OF UTAH COUNTY OF SALT LAKE ) SIGNATURAk E/A1A1/1 SUBSCRIBED AND SWORN TO BEFORE ME ON THIS 12TH I)AY OF JANUARY IN THE YEAR 2017 BY ANN DARTNI7I,I. , VIRGINIA CRAFT NOTARY POBLtC. STATE OF NTAJ My Comm. Exp. 01/12/2018 Commission # 672963 NOTARY PUBLIC SIGNATURE Page 355 of 408 USA TODAY THURSDAY, JANUARY 12, 2017 LIFE 5D BOOK BUZZ NEW ON THE LIST AND IN PUBLISHING In the kitchen with Oprah: Oprah Winfrey is counting numbers these days: pounds (she's lost more than 40) and SmartPoints (she's on Weight Watchers). Here's another: No. 4. That's where the famous dieter's first cookbook, Food, Health and .Happiness, lands on USA TODAY's Best -Selling Books list. In her new book, Winfrey, a Weight Watchers investor and spokesperson, offers "115 On - Point Recipes for Great Meals and a Better Life." Each recipe gives Smart - I f 11 y Points and calo- ries, 111 ill but it's not }ff. till' an at£rcial Weight Watch- ers cookbook. ht Winfrey's TV appearances to launch Food included chat- ting with bestie Gayle King on CBS This Morning and heating up the kitchen dur- ing a cooldng demo with Stephen Colbert. They whipped up her book's "Sexy Breakfast," basically scrambled eggs with salsa, In 1994, In the Kitchen with Rosie: Oprah's Favorite Recipes, by her personal chef, Rosie Daley, was No.1 for 16 straight weeks. Jocelyn McClurg THETOP10 USATODAY BEST-SELLING BOO BOOKLISTUSATODAY.COM <S CI Rank this mak ❑ Ranklaslwwek (Flncnan (NHNon. Potion (P)Porseltwck PI plcrdcaver IOEbook NlPtsherinirerior 1 2 2 Mistress Danielle Steel Natasha Leanova, the mistress of V(odlm€r 6 Stanlslas, longs fora life she cannot have with artist Theo Luca (F) (E) D,4acarte The Lose Your Subtitle: 'Change Your Gut, Change Your 7 Belly Viet Life" (NF)(H) Ghost Mountain Books Travis Stork 3 7 A Dog's Purpose Dag searches for purpose as he's 8 W. BrUce Cameron reincarnated several times (F) (P) Forge — Below the Belt Stuart Woods 11 5 Hillbilly Elegy J. D. Vance The Girl on the Train Paula Hawkins Stone Barrington helps a friend with request that involves a rising star; 40th in series (F) (E) cEP Pufnanrk Sons Subtitle: "A Memolr of a Family and Culture In Crisis" (NF) (H)Hurper Psychological thriller about the disappearance of a young monied woman (F) (P) Riverhead 5 24 Food, Health and Happiness Oprah Winfrey Subtitle: "115 On -Point Recipes for Greet Meals and a Better Life" (tit') (H) Flatiron Rooks Hidden Figures Margot tee Shetteriy 9 15 A Man Called Ove Fredrik Backman A grumpy man finds his solitoryworid shattered when ayoung family moves In next door (F) (P) Washington Square Press The story of the block women mothematl- 10 dans at NASA who helped launch the space race (Nil (E) tVdliam /Mouse THERESr 11 6 The Whistler/John Grisham 12 -- Distant Shores/Kristin Hannah 13 3 The Princess Diarist/Carrie Fisher 14 17 Tools of Tilans/Tm Ferriss 15 — The Last City of the Monkey God/Douglas Preston 16 18 Small Great Things/JodiPicoult 17 13 Cross the Line/James Patterson 18 36 The Whole30/1Aelissa Hartwig, DallasHartwig 19 65 You Are a Badass/Jen Stncero Subtitle How to Stop Doubting Your Greatness ond Start living an Awesome Life" (NF) (P) Running Press 20 26 Killing the Rising Sun/Bill O Relliy.Mortin Dugard Subtitle:"How America Vanquished World War II Japan" (NF) (H) Henry Holt and Ca 21 4 No Marl's Land/David Baldacci John Puller investigates the murder of his own mother 30 yearsearlier IF) (El Grand Central Publishing 22 23 The Underground Railroad/Colson Whitehead Teenage slave Coro moves between safe havens Ina bld for freedom in the 1850s (F) (H) Doubt eday 23 16 Two by 'two/Nicholas Sparks Ad man Russell Green finds himsetfjobtess and a single father to a 6-year-old (F) (H) Grand Central Publishing 24 221Double Down: Diary of a WimpyKfdeeff Kinney Youth: Greg Heffley and his friend, Rowley, deride to make a scary movie:llth in series (F)(H)Amulet Books 25 94 Jesus Always/Sarah Young Subtitle:"Embracing Joy in His Presence" (NF) (H) Thomas Nelson 26 — Mulberry Moon/Catherine Anderson Ben Sterling Mesta settle down after his rodeo career with new cafe owner SlssySue Bentley, third in series (F)(P) Jove 27 58 The Life -Changing Magic of Tidying Up/M.Kondo Subtitle -The Japanese Art of Pedutiering and Organizing" (NF) (H) Ten Speed Press 28 — An Invisible Thread/Laura Schroff, Alex Tresnlowski The story of on 11-year-old panhandler and o busy sales executive (NF) (E) Howard Rooks 29 80 The Whole30 Cookbook/Mellssa Hartwig Includes 150 recipes to help succeed with the Whole3Ddiet (NFI (H) Houghton Win Harcourt 30 14 Wishful Drinking/Carrie Fisher Based on the actress one -women show about drug addiction, mental illness and "Hollywood imbreeding" (NF) (El Simon & Schuster 9 Milk and Honey Rup(Kaur Poetryco€lection that Is divided into four chapters that exptore tour pains (F) (P) Andrews h eMeel Publishing WHAT AMERICA'S READING® The bavk Its( eppeors ▪ very Thursday. For end, title, the Idmal and publisher Idled am tar the berkmIll,g w rsionthat tole this week Reporting outlets ',Jude Amamrtcam, Amazon Klndoa, Domes& Noblecom, Barnes& Noble Inc, Barnes & Node eboolcs. BaaksAMillkvtconk Booksn.M1IlIan, Cadoto, Hudson BaokseBerk Books (AO, Inc) Josephlteth Boakeelle,s Chortgtnn.Ky:eland, 5 entstor e.Cleve1,M. PoweIr ghi.kobo,rtla Pnw,IroB 4oy-rk ln,W, act. Paxelltcam. RA Jolla sooksskrs.schuler Bkoks8 Music *road Rapm.ead,emos, SonEftsmd,N Star Mich}, Target, argetn derede. Turget.Thtlered Cover twed Book Store(Denwrl, Lawyer Lary Stoltz investigates a doim that a corrupt judge has gotten rich through* casino (F) (E) Doubleday Daughter pieces together the story of her parents' lives and finds what is missing from her own (F) )E) Barfanline Memoirbosed on dlories Fisher kept during filming of "Star Wars" (NF) LH) Blue Rider Press Includes the tactics, routines and habits of billionaires (NF) (H) Houghton Mifflin Harcourt Recounts the author's expedition to try to find a lost ancient civilization (NF) (E) Grand Central Publishing An experienced black nurse is asked by white supremacists not to touch their newborn baby (F) (E) Galantine A murder in Washington draws both Alex Cross and his wife, 8ree, into the case (F) (El Little, Brown Subtitle 'The 30-Day Guide to Total Health and Food Freedom-(NF) (H) Houghton Mein Harcourt MARKETPLACE TODAY For advertising information:1.800.397.0070 www.russelijohns.tom/usat NOTICES PUBLIC NOTICE The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not-for-protil, tribal government, and all other public agencies located in all fifty slates, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of 1030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Details of this REP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O- Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 1, 2017 at 4:30 p.m. Central Time at the above address and opened March 2, 2017 at 8:30 a,m. Central Time. ADVERTISE HERE USA TODAY Marketplace Call Us! 800-3.97.0070 PUBLIC NOTICE The National Joint Powers Alliance® (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty stales, Canada, and internationally, issues this Request For Proposal (REP) to result in a national contract solution for the procurement o1 4030817 HVAC SYSTEMS, INSTALLATION, SERVICE WITH RELATED PRODUCTS AND SUPPLIES. Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFPenjpacoop.org. Proposals will be received until March 8, 2017 at 4:30 p.m. Central Time at the above address and opened March 9, 2017 at 8:00 a.m. Central Time. SET YOUR APA RT. Advertise with USA Todayt 800-397-0070 PERSONALS Make a Connection Talk to Sexy Singles FREE nowt CaII 800-945-3147 wvnv.Rvelinks.com 18+ PERSONALS Judith Ellen (VanDelmalk) King tam proud to say, yet humbled, by the fact that you ware my life partner and best friend since 2009 You are the Kindest, most caring, wondurlul partner, and Wend I have known. Iv6sh l hadn't taken so much for Tented.' love you, anti miss you tar lviy Judi.Yours Always, Chrisloper Terry Bassett BUSINESS BUSINESS OPPORTUNITIES MASSIVE WEALTH Irroka Na0i.111 yen in 12o3drsl5turn Prco'sow RT. b.,rascickledP Cali 800 486.9954 (24 hrs) Visit us online at: usatoday.com Toview more .Classified listings„ v€sit; www.USATODAYCIassifieds.com I MARKETPLACE HEALTHIFITNESS VIAGRA Cialis LEVITRA STAKYH • PROPECA & MORE • FDA -Approved Medications • D,S. licensed Pharmacies OVERNIGHT SHIPPING AVAILABEE 800-551-0352 VIAMEDIC.COM Additional online listings ore available en classllleds.esaioday.com - - NOTICES PUBLIC NOTICE YOVANY TORRES DOB: Sex: Male Den 27, 2001 Rases Missing: Hispanic Apr 10, 2016 Hair: Bieck Age Hows15 Eyes: Brown From: Greenville, KY NATIONAL CENTER FOR MISSING 8 EXPLOITED CHILDREN 1-800•THE-LOST PUZZLES CROSSWORD BY George Barony REVOLUTION ACROSS 1 Recipe direction 5 Stroke gently 8 Casaba or Crenshaw 13 Light as a feather 14 Visibly terrified 15 .Jpg or.glf file contents 16 Drive to nowhere In particular 18 Lego brand for toddlers 19 __ we there yet?" 11©©+ EMU MINIM ©ir ©illal®12 ®.••■ 4 EMI ail■. sa Ell MI 2t ®■ Mil II HIM= M®® ®.111■■.■■. ®.■■ 11.■111© II■•• ®SUE© ©uu®•u■ 49 ..Report puzz e problems to:as at feedback@usataday.corn or 1-800-872-7073 WORD ROUNDUP NGER Y R LCCN 1n2 UTHOR I I AR R M T E T F 1 E A ooac© E E CYN 1 DVYT ODU R G J OWA CN I C H H oVNDA LA I RV J Z E By David L. Hoyt and leffKnurek rind and Clyde: Flue words starting and ending in R Four oceans Three professions ending in R Neighbor of Chile Soft drink: ___ale Wednesdoys answer:SDAA HEAP LEAP REAP CAP MAP IAP/ L I LTPARCT I C R EXIST MIST RUST tlSTBug PEST MUST/STREAM CREEKPRDOK a` RIVER I QUEEN KINGJACK/RORTE 3 H G A R G E N T 1 N A Y QUICKCROSS By John Wilmes a onak€so eeping U. Withtheioneses" Fisher of"Keeping U• Watt theioneses" UP & DOWN WORDS %/David 1. Hoyt and Russelll.Hoyt 1/12 1,ARRIVE 2. a. Page 856. of 408 cC www.njpacoop.org Proposal Opening Witness National Joint Powers Alliance 202 12th Sheol NE P.Q. Pox 219 Skiples, MN 56479 Date of opening: March 2, 2017 The witnesses signed below hereby witness they were present on the above date and in witness of the public opening of all responses received to the Request For Proposal #030117 for the procurement of RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Proposals are evaluated first on level -one responsiveness, then on the other criteria included in the RFP. Level -one responsiveness requires, among other things, that the response be received before the deadline for the submission and that the response include completed copies (with signatures) of the requested fornns. Responses were received from the following: All -American Arena Products -- received 2/28/17 at 1:30:57pm Proposer deemed responsive American Ramp Company — received 2/28/17 at 11:39:39am Proposer deemed responsive Proposer deemed responsive BCI Burke Company, LLC — received 2/28/17 at 11:38:52am Proposer deemed responsive Becker Arena Products, Inc. — received 3/1/17 at 12:59:38pm Proposer deemed responsive Clearspan Fabric Structures International, Inc. (CSFSI) — received 2/23/17 at 11:41:50am Proposer deemed responsive CXT Inc — received 2/27/17 at 11:36:50am Proposer deemed responsive Designline Products Group — received 3/1/17 at 12:37:49pm Proposer deemed responsive DuraPlay, Inc. — received 3/1/2017 at 12:50:03pm Proposer deemed responsive Certificate of Insurance — not provided Electronic copy — not provided ExoFit Outdoor Fitness — received 3/1/17 at 12:50:51pm Proposer deemed responsive FlexGround, LLC — received 2/27/17 at 11:08:05am Proposer deemed responsive Frank J. Zamboni & Co., Inc. — received 2/28/17 at 11:39:13am Proposer deemed responsive Form F — not signed Cerificate of Insurance — not provided Greenfields Outdoor Fitness, Inc. — received 2/28/17 at 11:38:26am Proposer deemed responsive Cerificate of Insurance — not enough coverage provided Landscape Structures Inc. — received 3/1/17 at 1:56:11pm Proposer deemed responsive 1111111111■.— Page 357 of 408 www.njpacoop.org North West Rubber — received3/1/17 at 1:46:47pm Proposer deemed responsive Parlcitect, LLC — received 3/1/17 at 11:45:59am Proposer deemed responsive Playcraft Systems — received 2/28/17 at 10:43:29am Proposer deemed responsive PlayPower, Inc. — received 2/28/17 at 11:38:46am Proposer deemed responsive Poligon by PorterCorp — received 2/28/17 at 11:46:36am Proposer deemed responsive Public Restroom Company — received 3/1/17 at 12:51:09pm Proposer deemed responsive Rain Drop Products, LLC — received 2/28/17 at 11:39:02am Proposer deemed responsive RCP Shelters, Inc. — received 2/28/17 at 11:39:22am Proposer deemed responsive RubbeRecycle, LLC — received 2/27/17 at 11:08:09am Proposer deemed responsive School Specialty, Inc — received 2/28/17 at 10:44:09am Proposer deemed responsive Shade'N' Net received 2/27/17 at 11:36:56am Proposer deemed responsive Shade Systems, Inc. — received 2/28/17 at 10:43:59am Proposer deemed responsive Form D — not provided Sof Sufaces, Inc. — received 2/28/17 at 10:43:39am Proposer deemed responsive Spohn Ranch, Inc. — received 2/28/17 at 11:39:31am Proposer deemed responsive Surface America — received 2/28/17 at 11:38:19am Proposer deemed responsive The Fibar Group, LLC — received 3/1/17 at 2:42pm Proposer deemed responsive TriActive America — received 3/1/17 at 9:54:02am Proposer deemed responsive Cerificate of Insurance — not enough coverage Vortex USA — received2/24/17 at 11:46:10anm Proposer deemed responsive Waterplay Solutions Corp. — received 2/27/17 at 11:36:43am Proposer deemed responsive National Joint Powers Alliance' 202 12t1] 54cut NIF P.C. Box 219 Stciples, MN 56479 Proposers that are deemed level -one responsive must provide any missing documentation within a reasonable time in order to remain responsive. Respondents must not provide additional substantive information when sending this missing documentation. Page 358 of 408 www.njpacoop.org WITNESSE Jonathan Ya ontacts and Compliance Manager, NJPA Fes ---- Chris Robinson, Contracts and Compliance Lead Analyst, NJPA 117 Gregg Meierhofer, CPPO, ontract Procurement Analyst, NJPA Ginger Lin C PB, SeniofContract Procurement Analyst, NJPA Kiln ustin, Contract Procurement Analyst, NJPA i // Sheila ne44-/ sto fersen, Procurement Support Specialist, NJPA National Joint Powers Alliance 202 12th Street NE P.U, Box. 219 Staples, MN 56479 Page 359 of 408 Po4b,4 Pol. 'n14*I" 1L'o 914a. abr1SO 410 414 4.6 , 4414:.1.1 142.e. Abeq b 9411t Conlru14460n' •daf. 4ark4. Alan 0144]144 2AlnflN11 anal* Corm.. 5/070406 qn rod,wlaaM 94010.4 41 M Y Po6w 16 10 16 66 206 Form Recreation and Playground Equipment, AccessorEos, and Supplies M1377c49 04.666nro+07 471 Buda co44.46.LLC Blecker Anna Predut,a.lnc. C4160741 F.br4 5606m. 31e0H64,00, Ina. I69F69 C%l Inc 9O10.6m Pradull. Omrp O1040Play 910. 6.493.04g4oer F14144 f140*4441.116 Fr]nL J./wheel IC, ..w 344a441n1Pr641441, 47 42 43 41 42 43 35 27 10 41 34 339 924 311 304 334 sin 226 693 299� 331 321 51 60 ea 61 BS 111 60 49 62 64 PI 1$ 63 71 ll, 71 Ft 64 61 69 5) 42 1 `1 1 45 42 3r 31 96 09 40 4l 1 63� 62 62 62 31 36 66 63 11 39 0 43 35 42 41 36 11 41 41 166 169 164 10 161 460 151 146 134 151 164 183 011 291 105 911 601 234 644 711 773 605 0..7011d13M0,44 W441552. SuueLn.bw. 4alh1Tt41Fuhb.r Pa#xe64LLC Pl.T6,469r44na P4917990410. 1,66ao9 6YPe4144Pa,P Pulae 140114en Cw.ptw 643. Oro,A1o4PGI.. 14.6 4tP5h4.44.06. 46bb1P4,vea.LLC 914 1.,b.4. onfomu,w4 to inane, .nd0lcn. b Nc6]414 9 9' el. POIr,Y 31 42 42 40 45 46 411 41 343. 46 316 .Ilan 60 460 304 311 52i 313 So 340 366 343 el �4kk�109 y4RN W, 6remy4.d 13 61 66 62 50 64 64 61 69 61 63 404e. 94R440241 I6dlf.04 t,1o91N 100 TS T9 82 04 74 56 e4 61 644 0 ... al 16 54*. C00.3431114067•07 Ndrf.4oh41541Pbn 6e 13 42 62 41 93 ar 60 9r 65 39 62 Al 65 00 9 63 66 63 63 .14,441.444d 020110,641 14rrtny Cann611..d SO 43 47 40 30 4344 44 41 44 at 44 tom.. 11.2.24.n4n6 V.A..y,1 r6Au41.40,1 6e,4*44. 12s 153 160 174 147 165 9947e0 .426Pol. 260 1.600 162 ire 176 603 149 Kw 736— 381 616 651 759 624 773 609 Pon90e Pol. 6e46e15P1110y, Mc Sh.d61r 1411 51o10Symms, Ina. 0o16010n4. he ,ol0.144,.b.14. 966044A016,44 11nFb4r 0!470L16 TMe11v49M11e4 Yor4t USA W4..A.4§04o11on4 CAN,,_ onIormanto In 5.n42 5124.n41. u�.xa. �on a9 313 39 307 1a 363 43 3)6 43 336 3T lit 93 321 36 669_ 41 _... 43 905 d41Mw.G 3.1.41, 446060y 444 4. 76 66 61 66 61 65 60 64 57 66 20o1414645uc4441.. 464NT10141o5457 1r 71 66 63 i9 61 42 it 61 90 44 44 I4e COm44644avu0i M Mors 1Lw*e14q Nu 1Jdt&Attawlee 160 60 TS 9B 61 Su 63 3r 61 14 63 45'".. 64 49 60 30 63 as army C,nn9...M 60 41 42 49 91 43 46 42 39 44 br,vLbn ,4664n44a1lar2y 61 tdo0. and 9.M444. 200 161 143 141 166 169 165 151 143 131 An4d 441POM4 1.000 T16 toe SIT Try 451 36T T15 Keith Benson, CPA. N1PP.4�� A0mNJRALj. Chris Robinson. JO, NJPA Gregg Terhller, CPPO, NJPA Page 360 of 408 COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #030117 Entitled RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES The following advertisement was placed in Oregon's Daily Journal of Commerce on January 13, 2017, in South Carolina's The State on January 12, 2017, in Utah's The Salt Lake Tribune on January 12, 2017, in USA Today on January 12, 2017, and on the NJPA website www.nipacoop.org, Onvia website www.onvia.com, Notice to Bidders website www.noticetobidders.com, PublicPurchase.com, Merx, and Biddingo: The National Joint Powers Alliance° (NJPA), on behalf of NJPA and its current and potential member agencies, which includes all governmental, higher education, K-12 education, not -for -profit, tribal government, and all other public agencies located in all fifty states, Canada, and internationally, issues this Request For Proposal (RFP) to result in a national contract solution for the procurement of 11030117 RECREATION AND PLAYGROUND EQUIPMENT, ACCESSORIES, AND SUPPLIES. Details of this RFP are available beginning January 12, 2017. Details may be obtained by letter of request to Jonathan Yahn, NJPA, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479, or by e-mail at RFP@njpacoop.org. Proposals will be received until March 1, 2017 at 4:30 p.m. Central Time at the above address and opened March 2, 2017 at 8:30 a.m. Central Time. d to: ABC Recreation Ltd, Minnesota Wisconsin Playground Active Playground Equipment Inc. Motorworks Clean Vehicles All -American Arena Products My Turn Playsystems American Ramp Company National Cooperative Leasing Anchor Industries Inc. National Playground Athletica Sport Systems Inc. New World Park Solutions Inc. A -Turf, Inc. No Fault Sport BCI Burke Company North West Rubber BeachTech Beach Cleaners Park N Play Design Becker Arena Products Parkitect Bliss Products & Services Playcraft Systems Blue Imp Playground Guardian Champlin Tire Recycling, Inc. Playgrounds-R-Us CIMCO Refrigeration Inc. PlayPower Clearspan Fabric Structures International Inc. Playtime Commercial Recreation Specialists Playtopia, Inc. Construction industry Center Poligon by PorterCorp Contractor Plan Center Prime Vendor Inc. 202 12th Street NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Page 361 of 408 COSTARS Program Public Restroom Company Crouch Recreation Rain Drop Products CXT - LB Foster RCP Shelters, Inc, D&D Products, Inc, Redding Construction DAS-EGS Procurement Services Restroom Facilities Ltd. Designline Products Group Resurface Corp. Diversified Metal Fabricators Rink Systems, Inc. DuMor, Inc, Rubberecycle, LLC DuraPlay, Inc. School Specialty Dynamo Playgrounds Shade'N Net Empex Water Toys US Office Shade Systems, Inc. Euclid infotech Sinclair Recreation ExoFit Outdoor Fitness SNA Sports Group Fitness Mechanics Inc. SofSurfaces, Inc. FlexGround, LLC Southern Bleacher Company Foreverlawn GTA Spartan Fitness Fountain People Splash Zone Greenfields Outdoor Fitness Spohn Ranch Grounds for Play, Inc. State of Massachusetts Henderson Recreation Equipment Limited State of New York Icon Marine Services Ltd. Superior Recreational Products Icon Shelter Systems, Inc. Surface America Ivy Tech Community College - Lafayette The Fibar Group JJV Rubber Mulch LLC TriActive America Lakeshore Learning Materials Vancouver Regional Construction Association Landscape structures Vortex Leesburg Concrete Wabash Valley Manufacturing Legend Fitness Waterplay Solutions Corporation Leisure Craft, Inc. Weedoo Greenboat Inc. Lyra de Asis Zamboni Major Display, Inc. Zeager Bros., Inc. Proposals were opened on March 2, 2017, at the NJPA offices located at 202 12th Street Northeast in Staples, Minnesota 56479, from the following: All -American Arena Products American Ramp Company BCI Burke Company, LLC Becker Arena Products, inc. Clearspan Fabric Structures international, Inc. (CSFSI) CXT Inc Deslgnline Products Group DuraPlay, Inc. ExoFit Outdoor Fitness FlexGround, LLC Frank J. Zamboni & Co., Inc. Greenfields Outdoor Fitness, Inc. 202 120,Street NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Page 362 of 408 Landscape Structures Inc. North West Rubber Parkitect, LLC Playcraft Systems PlayPower, Inc. Poligon by PorterCorp Public Restroom Company Rain Drop Products, LLC RCP Shelters, Inc. RubbeRecycle, LLC School Specialty, Inc Shade 'N' Net Shade Systems, Inc. Sof Surfaces, Inc. Spohn Ranch, Inc. Surface America The Fibar Group, LLC TriActive America Vortex USA Waterplay Solutions Corp. Proposals were reviewed by the Proposal Evaluation Committee: Ginger Line, CPPB, NJPA Senior Contract Procurement Analyst Keith Hanson, CPA, NJPA Accounting Manager Gregg Meierhofer, CPPO, NJPA Contract Procurement Analyst Kim Austin, NJPA Contract Procurement Analyst Chris Robinson, JD, NJPA Lead Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee used the established NJPA RFP evaluation criteria and determined that all proposal responses met Level -One and Level -Two Responsiveness and were evaluated. American Ramp Company offers turn -key solutions for sports park development, including skate and bike parks, pumptracks, bike trails, and bicycle playgrounds. Their products are available in a variety of materials, including concrete, steel, wood, composite and fiberglass. American Ramp Company proposes a significant discount off of factory - direct pricing and has a demonstrated ability to serve NJPA members across the US and Canada. Becker Arena Products, Inc., is the provider of a comprehensive selection of ice arena products as a manufacturer and/or distributor, The products are offered in a variety of grades to fit Members' needs and budget requirements. Becker Arena Products' pricing model provides significant discounts from list price and is in an easy to use format, Clearspan Fabric Structures International, Inc., provides rigid frame, membrane covered, structures that are available in a wide variety of widths and lengths and several foundation options. They have the ability to install and service their fabric structures in all US States and Territories, as well as Canada, Clearspan offers its structures, engineering services and installation services at a substantial discount from MSRP, reflecting a strong value to NJPA Members. 202 12thStreet NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Page 363 of 408 CXT, Inc., manufactures, ships and installs a broad line of concrete structures for restroom, shower, concession and utility purposes in the US and Canada. They offer a variety of sizes and designs, with options to customize the structure to meet Members' needs. On pricing model includes a substantial discount from Standard Commercial Price and offers a pricing worksheet that is easy to use and brings clarity to the ordering process. Frank J. Zamboni &.Co., Inc., supplies industry leading ice resurfacing and ice edging equipment, and related accessories. Their network of dealers and distributors serves ail of North America. The Zamboni pricing model offers a discount off of list price and is within the competitive range. landscape Structures, Inc., offers a broad range of equipment options and complementary product lines, including standard and custom playground equipment, shade, surfacing, outdoor sports and fitness equipment, site amenities, skateparks, and aquatic play solutions. They also offer turnkey services for design and site consultation, installation, and construction services. Landscape Structures has a solid sales and service network in the US and Canada and offers significant discounts off list price for its products, with additional volume discounts available. North West Rubber provides rubber playground tile and recreation -related flooring in a variety of fall height certifications, colors, and styles. The products are backed by a solid warranty and are offered at a substantial discount off MSRP pricing. North West Rubber is represented by forty-five dealers in the US and nineteen dealers in Canada to serve Members' needs across North America. PlayPower, inc. Is the manufacturer of a comprehensive line of playground equipment, park and site amenities, fabric shade structures, outdoor fitness equipment, surfacing, docks, and lift systems for a variety of watercraft. The products and services are offered through a network of over 700 sales representatives, distributors and dealers to serve Members throughout the US and Canada. PlayPower's pricing is clear, easy to use and offers significant discounts from list price. Poligon by PorterCorp offers a turn -key solution for the design, engineering, and manufacturing of open air structures, including steel, wood and fabric structures. The options for standard, modified and custom products allow Members to satisfy site -specific requirements and shelter needs. Poligon provides pricing discounts on products and installation within the competitive range, with additional volume discounts available. Rain Drop Products, LLC, offers an impressive, turnkey solution for the design and installation of equipment to meet Members' aquatic play and decorative fountain needs. Service contract options include annual start up and shut down ("winterization") service and preventative maintenance service packages. Rain Drop's pricing proposal is complete, easy to use, and offers substantial discounts from MSRP on all products and services. RubbeRecycle, LLC, is the manufacturer of rubber surfacing products including rubber mulch, tiles, poured -in -place and mats. They have a nationwide network of dealers and offer solutions for playground, aquatic and sports flooring applications. RubbeRecyle's pricing model is based on a discount from MSRP and falls within the competitive range. Sof Surfaces, Inc., offers interlocking rubber tile playground surfacing and complementary products that carry an impressive limited lifetime warranty. The products come In a variety of thicknesses, several standard colors, and are also available in premium custom colors. Sof Surfaces proposal includes a turnkey installation service that is available across the US and Canada. Their pricing is clear and easy to use with a significant discount from MSRP. Spohn Ranch, Inc., provides a comprehensive selection of skate and action park equipment, skateparks, and on -site skatepark construction, including design and build services. They offer pre -cast concrete skateparks, poured -in -place concrete skateparks, hybrid and modular skatepark equipment, along with installation, maintenance, and management 202 12+*Street NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Page 364 of 408 services. The Spohn Ranch pricing proposal includes a substantial discount off MSRP and reflects a strong value for Members. For these reasons, the NJPA Proposal Review Committee recommends award of NJPA Contract 11030117 to: American Ramp Company 030117-ARC Becker Arena Products, Inc. 030117-BAP Clearspan Fabric Structures International, Inc. (CSFSI) 030117-CSS CXT Inc 030117-CXT Frank J. Zamboni & Co., Inc. 030117-FZC Landscape Structures Inc. 030117-LSI North West Rubber 030117-NWR PlayPower, Inc. 030117-LTS Poligon by PorterCorp 030117-PPC Rain Drop Products, LLC 030117-RDP RubbeRecycle, LLC 030117-RBR Sof Surfaces, Inc. 030117-SFS Spohn Ranch, Inc. 030117-SRI The preceding recommendations were approved on April 14, 2017. Ginger irt(e, tPPB, Senio?C$Rtt Procurement Analyst Keith Hanson, CPA, Accounting Manager Gregg Meierhofer CPPO, Cont ri ct Procurement Analyst Klm Aus Procurement Analyst rls Robinson, JD, Lead Analyst 202 12thStreet NE • P.O. Box 219 • Staples, MN 56479 • www.njpacoop.org Page 365 of 408 Regular Meeting Minutes of the NATIONAL JOINT POWERS ALLIANCE® Board of Directors Tuesday, May 16, 2017 Conference Room 3 202 12th St. NE, Staples, MN 56479 Chair Wilson called the Regular Board meeting to order at 5:50p.m. with the following members present: Barb Neprud, Mark Gerbi, Mary Freeman, Scott Veronen, Greg Zylka, Ryan Thomas, and Mike Wilson. Also present were Jon Radermacher, City of Little Falls and Chris Lindholm, Pequot Lakes School District, Ex-Officios; Chad Coauette, Susan Nanik, Misty Myers, Paul Drange, Jeremy Schwartz, Mike Carlson, Jamie Loken, Jim Kane, Bev Hoemberg, Michelle Barrett, and Deb Cervantez, NJPA staff. Mr. Zylka moved, seconded by Mr. Gerbi to accept the agenda as amended. Motion carried. Mr. Thomas moved, seconded by Ms. Neprud to accept the minutes of the Annual Board Retreat and Regular Board Meeting held on April 12-13, 2017. Motion carried. Mr. Carlson presented the monthly Financial Reports and budget update. Ms. Freeman moved, seconded by Ms. Neprud to approve the check register and Treasurer's Report of Cash, Revenues, and Expenditures and to pay all vendor disbursements #93110 to #93387. Motion carried. Ms. Freeman moved, seconded by Mr. Gerbi to approve all Wire Transfers #233 to #247. Motion carried. Mr. Zylka moved, seconded by Ms. Neprud to accept the Consent Agenda as follows: • Updated Membership Agreements Members added April 1-30, 2017 • Permission to solicit Group Basic and Voluntary Employee Benefit Products with Related Services Motion carried. Mr. Kane gave a day in the life of an NJPA employee presentation on his role as Business Development Administrator. Mr. Drange gave an update on Regional Programs. Ms. Nanik gave an update on the Facilities, Human Resources, and Marketing Departments. Mr. Carlson gave an update on the Finance, and Risk Management Departments. Mr. Loken gave an update on the Information Technology Department. Ms. Myers gave an update on the Legal and Government Relations Departments. Mr. Schwartz gave an update on the Cooperative Contract Purchasing and Procurement Departments. Mr. Schwartz gave an update on the following new contracts awarded in April as noted in Appendix A. Dr. Coauette presented the proposed revised Computer and Communication Use Policy for review. Page 366 of 408 Ms. Neprud moved, seconded by Mr. Zylka to approve the SFY2017 Application for Special Education Funds Statement of Assurances. Motion carried. Mr. Zylka moved, seconded by Mr. Gerbi to approve hiring: • Chris Robinson, Procurement Manager, effective May 8, 2017 • Ben Plante, Collaborative Service Worker, effective May 16, 2017 • Kelli Draper, IT Business Systems Analyst, effective May 30, 2017 Motion carried. Ms. Neprud moved, seconded by Mr. Thomas to open: • Contract Administrator II • Senior Education Consultant • Lead Procurement Analyst Motion carried. Mr. Zylka moved, seconded by Mr. Gerbi to approve the following position descriptions and open positions: • Manager of Government Relations • Director of Marketing • Network Engineer III • Marketing and Public Relations Lead Motion carried. Mr. Thomas moved, seconded by Ms. Neprud to approve 30 additional contract days for FY16-17 for Nan Records, Regional Low Incidence Facilitator. Motion carried. Ms. Nanik gave the staffing update. Dr. Coauette gave an update on the Strategic Reinvestment Committee. Dr. Coauette gave an update on MSC and National Cooperative Procurement Partners. Mr. Gerbi moved, seconded by Mr. Zylka to adjourn the meeting at 7:54 p.m. Motion carried. Page 367 of 408 NJPA CONTRACTS & COMPLIANCE DEPARTMENT BOARD ITEMS - May 2017 Requesting Board permission to Solicit the following categories: Group Basic and Voluntary Employee Benefit Products with Related Services Requesting Board permission to Re -Solicit the following categories: NEW CONTRACT American Ramp Products 030117-ARC Recreation and Playground Equipment, Accessories and Supplies: Becker Arena Products, Inc. 030117-BAP Recreation and Playground Equipment, Accessories and Supplies: Clearspan Fabric Structures Intl, 030117-CSS Recreation and Playground Equipment, Accessories and Supplies: Frank J. Zamboni & Co,, Inc. 030117-FZC Recreation and Playground Equipment, Accessories and Supplies: Landscape Structures Inc. 030117-LSI Recreation and Playground Equipment, Accessories and Supplies: North West Rubber 030117-NWR Recreation and Playground Equipment, Accessories and Supplies: Playpower, Inc. 030117-LTS Recreation and Playground Equipment, Accessories and Supplies: Poligon by PorterCorp 030117-PPC Recreation and Playground Equipment, Accessories and Supplies: Rain Drop Products, LLC 030117-RDP Recreation and Playground Equipment, Accessories and Supplies: RubbeRecycle, LLC 030117-RBR Recreation and Playground Equipment, Accessories and Supplies: SofSurfaces, Inc. 030117-SFS Recreation and Playground Equipment, Accessories and Supplies: Spohn Ranch, Inc. 030117-SRI Recreation and Playground Equipment, Accessories and Supplies: Carrier Corporation 030817-CAR HVAC Systems, Installation, and Service with Related Products and Supplies: Johnson Controls, Inc. 030817-JHN HVAC Systems, Installation, and Service with Related Products and Supplies: Siemens Industry inc. 030817-SIE HVAC Systems, Installation, and Service with Related Products and Supplies: New eitgccontracts State of Maryland HITT Contracting, Inc. MOOSGC01-031417-HCI State of Michigan PeIGC M1O1W-041117-PGC State of Minnesota - Northeast/Iron Range (General Construction) Koski, Inc. MN011R-042517-KAS Kraus -Anderson Construction Company MN021R-042517-KRU The Jamar Company MN031R-042517 JMR 5th YEAR RENEWALS Altec Industries, Inc. 031014-ALT "Public Utility Equipment with Related Accessories and Supplies" FuelEducation 101713-KVS "Curriculum and Educational Equipment, Related Supplies, Accessories and Services" Jacobsen, a Division of Textron 070313-JCS "Grounds Maintenance with Related Equipment, Accessories and Supplies" e2K CRENEWALS : . . FHP Tectonics Corp. FL01GC1-051716-FTC FHP Tectonics Corp. FL04GC3-051716-FTC K-Con, Inc. FL01GC3-051716-KCI K-Con, Inc. FL02GC2-051716-KCI K-Con, Inc. FL03GC1-051716-KCI K-Con, Inc. FL0SGC1-051716-KCI Page 368 of 408 Sourcewell Formerly NJPA Iowa Legal References State Agencies: Iowa Code § 8A.312 (2017). Cooperative purchasing The director may purchase items through any agency specifically exempted by law from centralized purchasing as well as from other interstate and intergovernmental entities. The department shall collaborate and cooperate with the state board of regents and institutions under the control of the state board of regents, as provided in section 262.9B, and any other state agency exempt from centralized purchasing to explore joint purchases of general use items that present opportunities to obtain quality goods and services at the lowest reasonable cost. Local Governments: Iowa Code § 28E.3 (2017). Joint exercise of powers Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having such power or powers, privilege or authority, and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a public agency. About Sourcewell: Sourcewell is a service cooperative created by the Minnesota legislature as a local unit of government. Minn. Const. art. XII, sec. 3. As a public corporation and agency, Sourcewell is governed by local elected municipal officials and school board members. Minn. Stat. § 123A.21 Subd. 4 (2017). Under its enabling statute, Sourcewell is explicitly authorized to provide cooperative purchasing services to eligible members. Id. at Subd. 7(23). Sourcewell follows the competitive contracting law process to solicit, evaluate and award cooperative purchasing contracts for goods and services. Sourcewell cooperative purchasing contracts are made available through the joint exercise of powers law to member agencies. Minn. Stat. § 471.59 (2017). Membership in Sourcewell is available for all eligible state and local governments, education, higher education and nonprofit entities across North America. § 123A.21 at Subd. 3. The information found on the Sourcewell website are provided for educational and informational purposes only.This information contained on the website, including any printed material derived from this website, Is not legal advice and no attorney -client or other contractual relationship is formed by access to this information.Information here may be out of date, obsolete, or otherwise inaccurate.Please consult with a qualified attorney regarding any questions. 202 12th Street NE I P.O. Box 219 I Staples, MN 56479 888-894-1930 I www.sourcewell-mn.gov Page 369 of 408 CITY OF WATERLOO Council Communication Resolution approving the Iowa DOT Transportation Alternative Program Grant Agreement, for the Park Avenue Bicycle Traffic Signal Improvements Project, No. TAP-U-8155(767)--81-07, in the amount of $137,000, and authorizing the Mayor to execute said document. City Council Meeting: 1/21/2020 Prepared: 1/6/2020 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 1/8/2020 - 11:32 AM ATTACHMENTS: Description Type ❑ TAP-U-8155(767)--8I-0 Backup Material SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution approving the Iowa DOT Transportation Alternative Program Grant Agreement, for the Park Avenue Bicycle Traffic Signal Improvements Project, No. TAP-U-8155(767)--81-07, in the amount of $137,000, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer Resolution approving the grant agreement and authorizing the Mayor to execute the agreement. Grant agreement between the Iowa Department of Transportation and the City of Waterloo for an TAP (Alternative Transportation Program) grant. The grant will pay for a project to install bicycle signals on Park Avenue and will pay for 80% (max $137,000) of the project costs. $171,250 Federal TAP Grant 80% City GO Bond 20% Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. Park Avenue has bicycle lanes. This project is for an agreement between the Iowa DOT and the City to install bicycle traffic signals at signalized intersections. The agreement is needed to start the procedure to access grant funds. Page 370 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 IOWA DEPARTMENT OF TRANSPORTATION Federal -Aid Agreement for a Iowa's Transportation Alternatives Program (Iowa's TAP) Project Subrecipient: City of Waterloo Subrecipient DUNS Number: 039055830 Project Number(s): TAP-U-8155(767)--8I-07 Iowa DOT Agreement Number: 20-TAP-119 This agreement, made as of the date of the last party's signature below, is between City of Waterloo (hereinafter referred to as Subrecipient) and the Iowa Department of Transportation, the federal pass - through entity (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Subrecipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with federal funds. Federal regulations require federal funds to be administered by the Department. The federal -aid highway funds included in this agreement are jointly implemented by the Federal Highway Administration (FHWA) and the Department. The Subrecipient has received federal funding through the Iowa's Transportation Alternatives Program (Iowa's TAP), which is funded by the Surface Transportation Block Grant Program (STBG), as codified in Section 133 of Title 23, United States Code (U.S.C.), which are hereinafter referred to as STBG funds. The Catalog of Federal Domestic Assistance (CFDA) number and title for this funding is 20.205 Highway Planning and Construction. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide the funding named above to the Subrecipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Subrecipient shall be responsible for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be Mary Stahlhut, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1369. The Subrecipient's contact person shall be Mohammad Elahi, Traffic Engineer, City of Waterloo, 625 Glenwood Street, Waterloo, Iowa 50703, 319-291-4440. 3. The Subrecipient shall be responsible for the development and completion of the following described project: Park Ave, from Franklin St South 0.75 Miles to US 218 SB, Traffic Signals Page 1 of 13 Page 371 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 4. The Subrecipient shall receive reimbursement for costs of authorized and approved eligible project activities under the Iowa's TAP program from STBG funds. The portion of the project costs reimbursed with STBG funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other federal funds) or the amount listed ($137,000) in the Urban Transportation Planning Affiliation's (RPA 7's) current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Section 133(h) of Title 23, United States Code (U.S.C.), and determined by the Department to be eligible. 5. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution and may include cash, non -cash or approved state fund contributions, subject to Department approval. The local contribution must equal a minimum of 20 percent of eligible project costs. The subrecipient shall certify to the Department the value of any non -cash contribution to the project prior to it being incurred and in accordance with the procedures outlined in the applicable Instructional Memorandum to Local Public Agencies (I.M.$). The Department retains the sole authority to determine the eligibility and value of the Subrecipient's non -cash contribution for the purposes of this agreement. If the Subrecipient's total cash and non - cash contribution is determined by the Department to be less than that required by this agreement, the Subrecipient shall increase its cash contribution or the grant amount associated with this project shall be reduced accordingly. 6. The Subrecipient must have let the contract or have construction started within two years of October 1, 2019. If the Subrecipient does not do this, they will be in default for which the Department can revoke funding commitments. The Department may approve extensions of this agreement for periods up to six months upon receipt of a written request from the Subrecipient at least sixty (60) days prior to the deadline. 7. If the Subrecipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the Subrecipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Subrecipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Subrecipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Subrecipient remains in default. 8. This agreement may be declared to be in default by the Department if the Department determines that the Subrecipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application and according to the requirements of this agreement. 9. In the event a default is not cured the Department may do any of the following: a) revoke funding commitments of funds loaned or granted by this agreement; b) seek repayment of funds loaned or granted by this agreement; or c) revoke funding commitments of funds loaned or granted by this agreement and also seek repayment of funds loaned or granted by this agreement. By signing this agreement, the Subrecipient agrees to repay said funding if they are found to be in default. Page 2 of 13 Page 372 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 Repayment methods may include cash repayment, installment repayments with negotiable interest rates, or other methods as approved by the Department. 10. The Subrecipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 11. The Subrecipient shall maintain, or cause to be maintained, for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the Department. 12. This agreement is not assignable without the prior written consent of the Department. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third -party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 16. This agreement and the attached exhibit constitute the entire agreement between the Department and the Subrecipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Subrecipient. Page 3 of 13 Page 373 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. SUBRECIPIENT: City of Waterloo By: Date Title: Mayor CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 Tel. 515-239-1664 By: Date , Craig Markley Director Systems Planning Bureau Page 4 of 13 Page 374 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Subrecipient shall be responsible for the following: 1. General Requirements. a. The Subrecipient shall take the necessary actions to comply with applicable state and federal laws and regulations. To assist the Subrecipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/publications/im/Ipa_ims.htm. The Subrecipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Subrecipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Subrecipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Subrecipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Subrecipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Subrecipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the Subrecipient shall make such facilities compliant with the ADA and Section 504 following the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa DOT Design Manual. d. To the extent allowable by law, the Subrecipient agrees to indemnify, defend, and hold the Department harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 "Audit Requirements", a non-federal entity expending $750,000 or more in federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown in this agreement. If the Subrecipient will Page 5 of 13 Page 375 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 pay initial project costs and request reimbursement from the Department, the Subrecipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Subrecipient shall not report this project on its SEFA. f. The Subrecipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Subrecipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Subrecipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department -assisted contracts. ii. The Subrecipient shall comply with the requirements of I.M. 5.010, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de - appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Subrecipient with written notice of termination pursuant to this section. Page 6 of 13 Page 376 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 2. Programming and Federal Authorization. a. The Subrecipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Subrecipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). lithe project is not included in the appropriate fiscal year of the STIP, federal funds cannot be authorized. b. Before beginning any work for which federal funding reimbursement will be requested, the Subrecipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Subrecipient shall submit a written request for FHWA authorization to the Department. After reviewing the Subrecipient's request, the Department will forward the request to the FHWA for authorization and obligation of federal funds. The Department will notify the Subrecipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with federal funds. c. Upon receiving FHWA authorization, the Subrecipient must show federal aid funding activity to receive the programmed amount authorized for the project. If there is no funding activity for nine or more months after the previous activity, the remaining unused programmed amount will be de -obligated from the project and there will be no further federal aid reimbursement issued for the project. If the Subrecipient knows in advance that funding activity will not occur for the nine months, the Contract Administrator needs to be notified to determine if programming of funds can be adjusted or other options can be explored. d. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates identifying information about the federal award such as the federal funding program code and the federal project number. This FAIN will be used to identify this project and award on the federal government's listing of financial assistance awards consistent with the Federal Funding Accountability and Transparency Act of 2006 (FFATA) at usaspending.gov. e. A period of performance for this federal funding award will be established at the time of FHWA authorization. The start date of the period of performance will be the FHWA authorization date. The project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds Management. Costs incurred before the start date or after the PED of the period of performance will not be eligible for reimbursement. 3. Federal Participation in Work Performed by Subrecipient Employees. a. If federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 3.330, Federal -aid Participation in In -House Services. Page 7 of 13 Page 377 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 b. If federal reimbursement will be requested for construction performed by employees of the Subrecipient, the Subrecipient shall follow the procedures in I.M. 6.010, Federal -aid Construction by Local Agency Forces. c. If the Subrecipient desires to claim indirect costs associated with work performed by its employees, the Subrecipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost proposal shall be certified by the FHWA or the federal agency providing the largest amount of federal funds to the Subrecipient. If approved, the approved indirect cost rate shall be incorporated by means of an addendum to this agreement. 4. Design and Consultant Services a. The Subrecipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Subrecipient requests federal funds for consultant services, the Subrecipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Subrecipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.310, Federal -aid Participation in Consultant Costs. c. If Preliminary Engineering (PE) work is federally funded, and if right-of-way acquisition or actual construction of the project is not started by the close of the tenth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay to the Department the amount of federal funds reimbursed to the Subrecipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include other activities that are not intended to lead to a construction project such as planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Subrecipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Subrecipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.020, Concept Statement Instructions; 4.020, NEPA Class of Action Process; 4.030, Environmental Data Sheet Instructions; 4.110, Threatened and Endangered Species; and 4.120, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Subrecipient shall follow the procedures in I.M. 4.170, Farmland Protection Policy Act. Page 8 of 13 Page 378 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 c. The Subrecipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Subrecipient shall follow the procedures in I.M. 4.130, 404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations; 4.160, Asbestos Inspection, Removal and Notification Requirements; and 4.190, Highway Improvements in the Vicinity of Airports or Heliports. d. In all contracts entered into by the Subrecipient, and all subcontracts, in connection with this project that exceed $100,000, the Subrecipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Subrecipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Subrecipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Subrecipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds are used for right-of-way activities. The Subrecipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Subrecipient requests federal funding for right-of-way acquisition, the Subrecipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the federal funds were authorized, the Subrecipient shall repay the amount of federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Subrecipient shall obtain agreements, easements, or permits as needed from the railroad. The Subrecipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Subrecipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Subrecipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Subrecipient for the project may be eligible for federal funding reimbursement. The Subrecipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. Page 9 of 13 Page 379 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 e. If the Subrecipient desires federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Construction Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer, architect, or landscape architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Subrecipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Subrecipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents and return to the Department. c. For projects that are let locally by the Subrecipient, the Subrecipient shall follow the procedures in I.M. 5.120, Local Letting Process, Federal -aid. d. The Subrecipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project shall not receive FHWA authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Subrecipient is a city, the Subrecipient shall comply with the public hearing requirements of the Iowa Code Section 26.12. f. The Subrecipient shall not provide the contractor with notice to proceed until after receiving written notice the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Subrecipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full-time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. Page 10 of 13 Page 380 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per Iowa Administrative Code 761 Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Subrecipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nay.htm. d. For projects let locally, the Subrecipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Subrecipient, the Department will bill the Subrecipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Subrecipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 9. Reimbursements. a. After costs have been incurred, the Subrecipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least every six months but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1 if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Subrecipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. Reimbursement claims shall be submitted on forms identified by the Department along with all required supporting documentation. The Department will reimburse the Subrecipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the federal share of construction costs or 5% of the total federal funds available for the project, whichever is less. Reimbursement will be made either by state warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Subrecipient has been overpaid, the Subrecipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete Page 11 of 13 Page 381 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 and after the Subrecipient has provided all required paperwork, the Department will release the federal funds withheld. e. The total funds collected by the Subrecipient for this project shall not exceed the total project costs. The total funds collected shall include any federal or state funds received, any special assessments made by the Subrecipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Subrecipient do exceed the total project costs, the Subrecipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate state fund account in the amount of refunds received from the Subrecipient. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Subrecipient shall provide written notification to the Department and request a final audit, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid Projects. Failure to comply with the procedures will result in loss of federal funds remaining to be reimbursed and the repayment of funds already reimbursed. The Subrecipient may be suspended from receiving federal funds on future projects. b. For construction projects, the Subrecipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of federal funds shall be made only after the Department accepts the project as complete. d. The Subrecipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Subrecipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the federal government. Copies of these materials shall be furnished by the Subrecipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval Page 12 of 13 Page 382 of 408 September 2018 TAP-U-8155(767)--81-07 20-TAP-119 of the final closure document, the Department will notify the Subrecipient of the record retention date. e. The Subrecipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. Page 13 of 13 Page 383 of 408 CITY OF WATERLOO Council Communication Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $45,176, in conjunction with the purchase of one (1) 2020 3/4 ton, 4 wheel drive, crew cab pickup truck to support Waterloo Fire Rescue operations. City Council Meeting: 1/21/2020 Prepared: 1/15/2020 REVIEWERS: Department Reviewer Action Date Public Works Department Even, LeAnn Approved 1/15/2020 - 1:39 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving award of bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $45,176, in conjunction with the purchase of one (1) 2020 3/4 ton, 4 wheel drive, crew cab pickup truck to support Waterloo Fire Rescue operations. Submitted By: Randy Bennett, Public Works Division Manager Approve Purchase This truck will replace a 1993 training truck. The frame on the training truck is rusted and cracking. $49,176.00 GO Bond Funding 416-12-1400-2117 Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency to City operations and activities. Page 384 of 408 CITY OF WATERLOO Council Communication Resolution approving award of bid to Titan Machinery, of Center Point, Iowa, in the amount of $96,250, in conjunction with the purchase of a 2020 Case 580SN wide track backhoe with front wheel drive, to support S ewer Department operations. City Council Meeting: 1/21/2020 Prepared: 1/15/2020 REVIEWERS: Department Reviewer Action Date Public Works Department Even, LeAnn Approved 1/15/2020 - 1:36 PM SUBJECT: Resolution approving award of bid to Titan Machinery, of Center Point, Iowa, in the amount of $96,250, in conjunction with the purchase of a 2020 Case 580SN wide track backhoe with front wheel drive, to support Sewer Department operations. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Purchase Summary Statement: This Backhoe will be replacing a 1999 Backhoe in the Sewer Department. Expenditure Required: $ Source of Funds: Sewer Funds - 520-14-5200-2117 Policy Issue: Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficiency to City operation and activities. Page 385 of 408 CITY OF WATERLOO Council Communication Motion approving Change Order No. 1 for a net increase of $107,125, for the FY 2019 University Avenue Reconstruction - Phase II - Midway Drive to Greenhill Road, Contract No. 934, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 1/21/2020 Prepared: 1/14/2020 REVIEWERS: Department Engineering Clerk Office Engineering Engineering Engineering Clerk Office Reviewer Knutson, Jamie Higby, Nancy Higby, Nancy Ross, Tracia Knutson, Jamie Even, LeAnn ATTACHMENTS: Description ❑ Cont 934_Change Order No. Submitted by: Recommended Action: Source of Funds: Background Information: 1 Action Approved Rejected Rejected Approved Approved Approved Type Cover Memo Submitted By: Jamie Knutson, PE, City Engineer Approve change order. Date 1/14/2020 - 3:25 PM 1/14/2020 - 4:00 PM 1/14/2020 - 4:00 PM 1/14/2020 - 4:05 PM 1/14/2020 - 4:07 PM 1/15/2020 - 1:31 PM • University Avenue Transfer of Jurisdiction funds • Leisure Services See attached change order. Page 386 of 408 CHANGE ORDER NO. 1 Owner City of Waterloo Date: 1/13/2020 Project University Avenue Reconstruction - Phase 2 Owner's Contract No. 934 Contractor: Peterson Contractors, Inc. Date of Contact Start 4/1/2019 Contract Amount: $ 8,369,859.58 You are directed to make the following changes in the Contract Documents. Description: 1-1 Mobilization $ 5,000.00 /LS x 1 LS $ 5,000.00 1-2 Clearing & Grubbing $ 10,000.00 /AC x 5.01 AC $ 50,100.00 1-3 Traffic Control $ 3,000.00 /LS x 1 LS $ 3,000.00 1-4 Tub Grinding Crew $ 735.00 /HR x 55 HR $ 40,425.00 1-5 Loader/Dozer $ 205.00 /HR x 20 HR $ 4,100.00 1-6 Supervisior $ 100.00 /HR x 35 HR $ 3,500.00 1-7 Mobilization $ 1,000.00 /LS x 1 LS $ 1,000.00 TOTAL ADDITIONS $ 107,125.00 Reason for Change Order 1-1 - 1-3 This work will allow for the Phase 3 clearing and grubbing operation be completed prior to the April deadline for migratory birds. 1-4 - 1-7 This work will clear the City's log site for future development and grading operations for Phase 3. CONTRACT PRICE CONTRACT TIME To Substantial To Final Completion Completion Original: $ 8,369,859.58 Original Completion Date: 11/20/20201 11/20/20201 Previous C.O.s (ADD/DEDUCT) $ This C.O. (ADD/DEDUCT) $ 107,125.00 Revised Completion Date: Contract Price with all approved Change Orders: $ 8,476,984.58 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) ACCEPTED: BY: Contractor (Authorized Signature) ACCEPTED: BY:cam/ Date 1-14-20 Date 1-14-20 AECOM Date AECOM 60569973 I 1 Project No. C.O. No. Page 387 of 408 www.petersoncontractors.com PETERSON CONTRACTORS, INC. 104 Blackhawk Street P.O. BoxA Reinbeck, Iowa 50669 Phone: 319-345-2713 QUOTE PROPOSAL FOR: University Ave Phase III Clearing & Grubbing - Waterloo SPECIAL PROVISIONS: 1. Please refer quesitons to Chris Fleshner at (319) 415-5212. 2. PCI excludes all Erosion Control and Stabilization that may be required. 3. PCI excludes all Survey. 4. PCI plans to grind all vegitative material on site with our Chipper and Head Grinder. All Wood Chips will be incorporated into the Topsoil or left as compost. All Stumps will be ground below the dirt 10-12in. THE FOLLOWING ITEMS AND PRICES ARE QUOTED: Fax: 319-345-2991 ITEM # DESCRIPTION UNIT TYPE QUANTITY UNIT PRICE TOTAL AMOUNT 1 MOB LS 1.000 $ 5,000.00 $ 5,000.00 2 CLEARING & GRUBBING AC 5.010 $ 10,000.00 $ 50,100.00 3 TRAFFIC CONTROL LS 1.000 $ 3,000.00 $ 3,000.00 TOTAL QUOTED AMOUNT $58,100.00 PETERSON CONTRACTORS, INC. January 3,2020 Page 388 of 408 'NIUI PETERSON CONTRACTORS, INC. EXTRA WORK AUTHORIZATION Gir r.t.cr - 1noa PO Box A Phone: 319-345-2713 Reinbeck, Iowa 50669 Fax: 319-345-2991 ,0.4, ,. 2—-«_ www.petersoncontractors.com Project Name: Date: PCI Job # Extra Work Autorization # City of Waterloo Wood Yard Clean Up 01 /06/20 Remarks or Description of Extra Work: Below is an estimate to Clean Up and Grind the wood debris in the City of Waterloo's Yard at 1395 Falls Ave. The wood material will be ground and spread at the site or stockpiled whichever the city preferrs. This work would be done on an hourly basis based on the cost of the Tub Grinding Crew and PCI's hourly rates. Below is our estimate of what this will cost on an hourly basis and is just an estimate. Actual cost will be tracked for payment. Item # Description Quantity Units Base Unit Rate %Mark Up % Discount Adjusted Unit Rate Total Amount *** Tub Grinding Crew 55.00 HR $700.00 5.00% 0.00% $735.00 $40,425.00 *** IT62 Loader / D6R Dozer 20.00 HR $205.00 0.00% 0.00% $205.00 $4,100.00 *** Supervisor 35.00 HR $100.00 0.00% 0.00% $100.00 $3,500.00 *** MOB 1.00 LS $1,000.00 0.00% 0.00% $1,000.00 $1,000.00 Total Amount: The work covered by this authorization shall be performed in accordance with the same terms and conditions as included in the original contract. $49,025.00 Work Authorized and Changes Approved by: Prime Contractor or Owner: Peterson Contractors, Inc. By: By: Chris D. Fleshner Title: Date: Date: 1/6/2020 Page 389 of 408 CITY OF WATERLOO Council Communication Communication from the Waste Management Services Department on the notice of the conclusion of employment for Dana Clement, Sewer Maintenance Worker, effective January 1, 2020 with recommendation of approval of payout of $815.10 for unused benefits. City Council Meeting: 1/21/2020 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 1/14/2020 - 3:18 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:34 PM ATTACHMENTS: Description SUBJECT: Type Communication from the Waste Management Services Department on the notice of the conclusion of employment for Dana Clement, Sewer Maintenance Worker, effective January 1, 2020 with recommendation of approval of payout of $815.10 for unused benefits. Submitted by: Submitted By: Page 390 of 408 CITY OF WATERLOO, IOWA CITY HALL 715 rd1uLBERRY STREET 50703 Toclay's Date: 1/7/2020 Effective Date: 1/9/2020 Employment Date: 1/4/2005 To: City Council Members Re: Notice of Severance Department Waste Management Services Department Job Title/Classification Sewer Maintenance Worker This is to report that the employment of Dana Clement with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination O Other layoff due to exhaustion of Long Term Disability In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 32 $ 27.17 $ 869.44 Vacation -Current $ - Usable Sick Leave (x) 25% I $ - Frozen Sick Leave (x) 60% , $ - Personal Hours 0 $ 27.17 $ - Comp Time Pay -2 :$ 27.17 $ (54.34) Unscheduled Leave $ - Other Pay $ Total Payment $ 815.10 Comments: Last day of Long Term Disability is 01/09/2020 Approved(! Human Resources Date ///7/ 62-J• Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status 0-9 Updated 6/28/11 Page 391 of 408 CITY OF WATERLOO Council Communication Communication from the Community Development Department on the notice of the conclusion of employment for Jenna Northey, Intake/Project Specialist, effective December 13, 2019 with recommendation of approval of payout of $615.60 for unused benefits. City Council Meeting: 1/21/2020 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 1/14/2020 - 3:18 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:34 PM ATTACHMENTS: Description SUBJECT: Type Communication from the Community Development Depaititient on the notice of the conclusion of employment for Jenna Northey, Intake/Project Specialist, effective December 13, 2019 with recommendation of approval of payout of $615.60 for unused benefits. Submitted by: Submitted By: Page 392 of 408 CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 To: City Council Members Re: Notice of Severance Department Community Development Job Title/Classification Intake/project Specialist This is to report that the employment of Jenne Northey with the City of Waterloo has been severed by reason of: Today's Date: 12/26/2019 Effective Date: 12/13/2019 Employment Date: 9/30/2019 ❑ Retired Disability Related 0 No 0 Yes ❑� Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 16.2 $ 18.00 $ 291.60 Vacation -Current $ - Usable Sick Leave 8 $ 18.00 (x) 25% $ 36.00 Frozen Sick Leave (x)60% $ - Personal Hours 16 $ 18.00 $ 288.00 Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ Total Payment ll $ 615.60 Approved by a Human Resources Date !�`vl� Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑Status 0-9 Updated 6/28/11 Page 393 of 408 CITY OF WATERLOO Council Communication Certified List for the position of Fleet Parts & Supply Clerk for the City of Waterloo, Iowa Public Works Central Garage Department, as certified by the Civil Service Commission on January 10, 2020. City Council Meeting: 1/21/2020 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 1/14/2020 - 3:17 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:34 PM ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Fleet Parts & Supply Clerk for the City of Waterloo, Iowa Public Works - Central Garage Department, as certified by the Civil Service Commission on January 10, 2020. Submitted by: Submitted By: Page 394 of 408 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward I JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Large DAVE BOESEN A! -Large HUMAN RESOURCES 715 Mulberry Si:. n waterloo, IA 50703 o Phone (319) 291-4303 ® Fax (319) 291-4569 January 10, 2020 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Fleet Parts & Supply Clerk for the City of Waterloo, Iowa Public Works/Central Garage. Appointment(s) shall be made from this list for the next year (January 10, 2020 — January 9, 2021). CERTIFIED LIST Breanna Reasoner Todd Swarts Marilyn Dolph Trenton Gauger Thomas Vetter Respectfully submitted, Lovi- Cal.well ate Date CS LIST FLEET PARTS & SUPPLY CLERK 20 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 395 of 408 CITY OF WATERLOO Council Communication Certified List for the position of Aquatics - Safety Services Specialist for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on January 10, 2020. City Council Meeting: 1/21/2020 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 1/14/2020 - 3:15 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:33 PM ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Aquatics - Safety Services Specialist for the City of Waterloo, Iowa Leisure Services Department, as certified by the Civil Service Commission on January 10, 2020. Submitted by: Submitted By: Page 396 of 408 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Wavd 2 PATRICK ' MORRISSEY Ward 3 JERONIE AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Large DAVE BOESEN At -Large 1UP AN RESOURCES 715 Mulberry St. e Waterloo, IA 50703 e Phone (319) 291-4303 Fax (319) 291-4569 January 10, 2020 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Aquatics/Safety Services Specialist for the City of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from this list for the next year (January 10, 2020 — January 9, 2021). Respectfully submitted,, Barry CERTIFIED LIST Brianne Boss Melissa Summers Louie Caldwell Date /40/20Z, Ethel Washington Date CS LIST AQUATICS -SAFETY SERVICES SPECIALIST 20 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 397 of 408 CITY OF WATERLOO Council Communication Certified List for the position of Facilities Services Specialist for the City of Waterloo, Iowa Culture & Arts Department, as certified by the Civil Service Commission on January 10, 2020. City Council Meeting: 1/21/2020 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 1/14/2020 - 3:16 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:33 PM ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Facilities Services Specialist for the City of Waterloo, Iowa Culture & Arts Department, as certified by the Civil Service Commission on January 10, 2020. Submitted by: Submitted By: Page 398 of 408 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR, Ward 4 RAY FEUSS Ward. 5 SHARON JUON At -Large DAVE BOESEN At -Large HUMAN RESOURCES 715 Mulberry St. ' Waterloo, IA 50703 ® Phone (319) 291-4303 ® Fax (319) 291-4669 January 10, 2020 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Facilities Services Specialist for. the City of Waterloo, Iowa Culture & Arts Department. Appointments) shall be made from this list for the next year (January 10, 2020 — January 9, 2021). Respectfully submitted, jE a/A Barry askins CERTIFIED LIST Jonathan Etringer Carl Wallsteadt Date CS LIST FACILITIES SERVICES SPECIALIST 20 Lovie Caldwell /o/z. Date WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 399 of 408 CITY OF WATERLOO Council Communication Certified List for the position of Development - Marketing Manager for the City of Waterloo, Iowa Culture & Arts Department, as certified by the Civil Service Commission on January 10, 2020. City Council Meeting: 1/21/2020 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Dunn, Lance Approved 1/14/2020 - 3:15 PM Clerk Office Higby, Nancy Approved 1/14/2020 - 5:33 PM ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Development - Marketing Manager for the City of Waterloo, Iowa Culture & Arts Department, as certified by the Civil Service Commission on January 10, 2020. Submitted by: Submitted By: Page 400 of 408 Mayor QUENTIN HART HUMAN RESOURCES 715 Mulberry St. ® Waterloo, IA 50703 Phone (319) 291-4303 ® Fax (319) 291-4569 January 10, 2020 TO: Honorable Mayor & City Council COUNCIL MEMBERS We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Development/Marketing Manager for the MARGARET City of Waterloo, Iowa Culture & Arts Department. List shall exhaust upon appointment. KLEIN Ward 1 JONATHAN GRIEDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. 1f"ard 4 RAY EEUSS Respectfully submitted, Ward 5 SHARON JUON At -Large Barry Ha kins Date DAVE BOESEN At -Large CERTIFIED LIST Craig Laue /4,Z, //m/ Low, Caldwell //io %Z) Ethel ashington Date CS LIST DEVELOPMENT -MARKETING MANAGER 20 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 401 of 408 CITY OF WATERLOO Council Communication Community Development Board Meeting minutes of December 2019. City Council Meeting: 1/21/2020 Prepared: 1/15/2020 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 1/15/2020 - 10:25 AM Clerk Office Higby, Nancy Approved 1/15/2020 - 10:52 AM ATTACHMENTS: Description Type ❑ December 2019 Board Meeting Minutes Cover Memo SUBJECT: Submitted by: Recommended Action: Community Development Board Meeting minutes of December 2019. Submitted By:Rudy D. Jones, Community Development Director approval Page 402 of 408 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING December 17, 2019 The regular meeting of the Community Development Board was held in the council chambers at City Hall at 715 Mulberry Street, Waterloo, Iowa at 4:00 p.m. on Tuesday, December 17, 2019. Members present: Cody Leistikow, Felicia Carter, John Chiles, and Angela Weekley Members absent: Cam Campbell Also present: Rudy D. Jones, Community Development Director; Anita Rousselow, Administrative Secretary; Angie Fordyce, Community Development Coordinator; Matt Chesmore, Senior Rehabilitation Specialist; Felicia Smith-Nalls, Neighborhood Services Coordinator and Erin Tink, Executive Director of LOVE Inc. A. APPROVAL OF THE AGENDA FOR DECEMBER 17, 2019 Chairperson John Chiles asked for a motion to approve the agenda. It was moved by Weekley and seconded by Leistikow to approve the agenda. Motion Carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON NOVEMBER 19, 2019 Chairperson John Chiles asked for a motion to approve the minutes. It was moved by Leistikow and seconded by Carter to approve the minutes for November 2019. Motion Carried. C. OLD BUSINESS 1. Staff Updates and Training Our new Intake/Project Specialist was invited back to her former job with a substantial pay raise. After reaching out to another candidate on the civil service list we were able to fill the position immediately. Our new Intake Specialist will start on December 30, 2019. Kelly Martin, our new rehabilitation specialist started in his position on December 16, 2019. All staff vacancies have been filled and staff is looking forward to a busy 2020. Chesmore all discussed some training that will be scheduled sometime in February for the 24 Hour Initial Worker and the 16 Hour Contractor. 2. Lead Grant Update Chesmore went over the benchmark sheet for the lead grant. Our actual numbers are below our work plan milestones but we anticipate doing some catch up in the next few months. Fordyce also explained that an ELOCCS draw will be done in the first part of January which should bring us up to our milestones in the drawdown benchmark. D. NEW BUSINESS 1. Guest Speaker- Erin Tink Erin Tink, the Executive Director of LOVE Inc. (Love in the Name of Christ) explained their programs and the partnership that her organization has with 33 of our local churches to meet the tangible needs of our community. 2. Endorse Rehabilitation Contracts for November 2019 Chairperson John Chiles asked for a motion to approve the contracts. It was moved by Leistikow and seconded by Carter to approve the contracts for November 2019. 3. Neighborhood Services Felicia Smith- Nails presented a power point on some of the highpoints and stresses of Neighborhood Services in 2019. 4. First Subcommittee Meeting Chiles, Leistikow, Weekley and Carter have all volunteered to serve on the subcommittee for the FY21 Funding Request Application Process. The first meeting will be held January 8, 2020 at 4:00 p.m. in the Community Development office 5. First Public Hearing January 14, 2019 @ 5:00 pm. This meeting will be held immediately after our board meeting in the Mollenhoff Room. This meeting has been moved to the second Tuesday of the month because of the Martin Luther King Holiday and a conflict with another meeting being held in council chambers . Page 403 of 408 Minutes December 17, 2019 E. DISCUSSION ITEMS 1. Housing Report The housing report speaks about housing affordability and Jones pointed out the position that Waterloo -Cedar Falls holds on the list. ADJOURN MEETING AND MERRY CHRISTMAS Chairperson John Chiles asked for a motion to adjourn the meeting. Motion to adjourn was made by Weekley and Carter seconded that motion. Meeting adjourned. Respectfully submitted, Board Secret Page 404 of 408 CITY OF WATERLOO Council Communication Planning, Programming, and Zoning minutes of December 3, 2019. City Council Meeting: 1/21/2020 Prepared: 1/15/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 1/15/2020 - 10:20 AM Clerk Office Higby, Nancy Approved 1/15/2020 - 11:25 AM ATTACHMENTS: Description Type ❑ P&Z minutes 12/3/19 Cover Memo SUBJECT: Planning, Programming, and Zoning minutes of December 3, 2019. Submitted by: Submitted By: Page 405 of 408 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. December 3, 2019 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Marcia Buttgen, Craig Holdiman, Eric Donat, Virginia Wilber, Steve Trost, and Patrisha Serfling. Members absent were: Sue Flynn, there is currently two vacancies on the commission. Others present: Noel Anderson, Aric Schroeder, Chris Western, John Dornoff and Seth Hyberger — Planning Department, Keith Kaspari — Waterloo Airport, Tim Jamison — Waterloo Courier, and 2 citizens. I. Approval of the Agenda It was moved by Donat, seconded by Trost to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on November 5, 2019. It was moved by Trost, seconded by Holdiman to approve the minutes amending the word objective with subjective. Motion carried unanimously. III. Financial Report: October 2019 Anderson read the financial report. It was moved by Holdiman, seconded by Serfling to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations No Oral Presentations V. New Business A. Hearings — Site Plan Amendments 1. Request by Fred Rose L.C. for a Site Plan Amendment to the "M-2,P" Planned Industrial District for an 14,300 square foot airplane hangar located east of 2790 Livingston Lane. It was moved by Holdiman and seconded by Trost to receive and place on file the statement of verification at 4:04 p.m. Motion carried unanimously and Wilber declared the hearing open. Hyberger read the staff report recommending approval of the request with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, landscaping, drainage, setbacks ,etc. Donat asked if all the concerns discussed in the Technical Review Committee have been resolved to which Hyberger said yes. Fred Rose, 7103 Chancellor, Cedar Falls was present to answer questions. Keith Kaspari, Waterloo Regional Airport stated that the project was a wonderful example of private investment at the airport and how it will help the region and gave a timeline for the project including review by the FAA. Page 406 of 408 Planning and Zoning Commission December 3, 2019 Donat asked how the weather would affect the timeline to which Kaspari answered that the weather has nothing to do with the FAA process, which is an indoor desk review. It was moved by Trost, seconded by Holdiman to close the public hearing. Motion carried unanimously. The hearing was closed at 4:13 p.m. It was moved by Trost, seconded by Donat to recommend approval of the site plan amendment with the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, landscaping, drainage, setbacks,etc. Motion carried unanimously C. Vacates 1. Request by Nathan Walter to vacate the alleyway between Wyandotte Street and Osage Avenue and between Ogden Avenue and Milwaukee Avenue. Dornoff read the staff report recommending approval of the vacate request. Donat asked if an easement needed to be maintained over the vacated area to which Dornoff responded, no as there are no utilities in the vacate area. Buttgen noted that the applicant and neighbors offered a dollar for the land to which Anderson explained the sale of property policy and that the applicant is building a new home at the site. It was moved by Trost, seconded by Donat to recommend approval of the vacate. Motion carried unanimously. 2. Request by the City of Waterloo to vacate a portion of West Airline Highway, located west of 3070 West Airline Highway. Dornoff read the staff report recommending approval of the vacate request with the condition that an easement be maintained over, under, and upon the vacated area. It was moved by Buttgen, seconded by Serfling to recommend approval the vacate since it is not needed for transportation purposes with the condition of retaining of utility easement over, under, and upon the vacated area. Motion carried unanimously. VI. Discussion The next meeting is scheduled to be on January 7, 2019 Donat asked when the special meeting about the sidewalk requirements will be held to which Anderson responded it would probably be in January or February. Buttgen noted that she would be leaving the commission when her term is up on April 10th. Dornoff noted that there are several boards and commissions in the city that have positions available and asked commissioners to tell people they know about the open positions. VII. Election of Chairperson and Vice -Chairperson for the term ending December 31, 2020. If was moved by Holdiman, seconded by Serfling to nominate Wilber to be Chair for 2020. Motion carried unanimously. Buttgen nominated Donat for Vice -Chair, Serfling nominated Holdiman for Vice -Chair. Holdiman received 4 votes (Serfling, Trost, Buttgen, Holdiman), Donat received 2 votes (Wilber, Donat). Holdiman was appointed as Vice -Chair for 2020. 2 Page 407 of 408 Planning and Zoning Commission December 3, 2019 VIII. Adjournment It was moved by Serfling, seconded by Buttgen, to adjourn the meeting at 4:32 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I 3 Page 408 of 408