AGENDA · AGENDA JOINT CITY COUNCIL AND ... B. Minutes for the March 16, ... 128724 04/29/2011 Westhill Real Estate -Dos Pal AP 86.90

1.

www.losbanos.org

AGENDA

JOINT CITY COUNCIL AND

REDEVELOPMENT AGENCY MEETING

CITY HALL COUNCIL CHAMBERS 520 J Street

Los Banos, California

MAY 18,2011

If you require special assistance to attend or participate in this meeting, please call the City Clerk's Office @ (209) 827-7000 at least 48 hours prior to the meeting.

The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * ** * * * * * * *

Si requiere asistencia especial para atender 0 participar en esta junta por favor lIame a la oficina de la Secretaria de la ciudad al (209) 827-7000 a 10 menos de 48 horas pre vias de la junta.

La Cuidad de Los Banos cumple con la Acta de Americanos con Deshabilidad (ADA) de 1990 . .........................................................................................................................................................................................................................................................................................

Any writings or documents provided to a majority of the City Council / Redevelopment Agency regarding any item on this agenda will be made available for public inspection at the meeting

and in the City Clerk's office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted

on the City's website at www.losbanos.ora. ***** ******* * *

Cualquier escritura 0 los documentos proporcionaron a una mayoria del Ayuntamiento / Agencia de Reurbanizaci6ncon respecto a cualquier articulo en este orden del dia sera hecho disponible para la

inspecci6n publica en la reuni6n y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Ademas, tales escrituras y los documentos

pueden ser anunciados en el website de la ciudad en www.losbanos.ora.

CLOSED SESSION. 6:00 PM (Members of the public may address the City Council on the following closed session items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council. Chamber informational table.)

A. Conference with Real Property Negotiators, Pursuant to Government Code Section 54956.8; Property: A Portion of Pacheco Park, 903 Pacheco Boulevard, Los Banos, California, (a Portion of APN 026-110-001), Approximately 6.11 Acres; Negotiators: City Manager, City Attorney, Public Works Director/City Engineer; Negotiating Parties: City of Los Banos & Los

Los Banos City Council/Redevelopment Agency Agenda - May 18, 2011 Page 10f4

Banos Unified School District; Under Negotiation: Purchase Price and Terms of Sale.

2. CALL TO ORDER. 7:00 PM

3. PLEDGE OF ALLEGIANCE.

4. ROLL CALL:

Faria , Silveira , Sousa , Stone , Villalta - - - - -

5. CONSIDERATION OF APPROVAL OF AGENDA.

6. PUBLIC FORUM. (Members of the public may address the City Council ! Redevelopment Agency Members on any item of public interest that is within the jurisdiction of the City Council! Redevelopment Agency; includes agenda and nonagenda items. No action will be taken on non-agenda items. Speakers are limited to a five (5) minute presentation. Detailed guidelines are posted on the Council Chamber informational table.)

7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council ! Redevelopment Agency Member.)

A. Check Register for #128650 - #128895 in the Amount of $973,742.89.

Recommendation: Approve the check register as submitted.

B. Minutes for the March 16, 2011 City Council ! Redevelopment Agency Meeting.

Recommendation: Approve the minutes as submitted.

C. Minutes for the May 3, 2011 Adjourned City Council! Redevelopment Agency Meeting.


D. Minutes for the May 4, 2011 City Council! Redevelopment Agency Meeting.


E. City Council Resolution No. 5320 - Amending the Nationwide Retirement Solutions Deferred Compensation Plan.

Recommendation: Adopt the resolution as submitted.

Los Banos City Council / Redevelopment Agency Agenda - May 18, 2011 Page 2 of 4

F. City Council Resolution No. 5321 - Authorizing Award of Construction Agreement for Supplying and Installing Playground Equipment at Cresthills and College Greens Park.


G. City Council Resolution No. 5322 - Approving Sale of Surplus Property Located at 1740 D Street, Merced, and Authorizing the City Manager to Execute a Grant Deed.


H. City Council Resolution No. 5323 - Amending the Fiscal Year (FY) 2010-2011 Budget by Increasing the Appropriation Amount in the General Fund for Revenue and Expenditures in the Amount of $3,000 for a "First 5 of Merced County" Grant to Inspect and Replace Child Safety Seats.


8. PRESENTATION BY MATTHEWS SOUTH WEST REGARDING A REQUEST FOR A CAPITAL LOAN IN LOW AND MODERATE INCOME FUNDING FOR PHASE 1 OF THE 700 G STREET WORKFORCE APARTMENT PROJECT.

Recommendation: Informational item only.

9. COUNCIL MEMBER AGENDA REQUESTS. (To see if there is a majority consensus to have staff expend time on the issue and to hear it at a future meeting.)

A. Request from Council Member Sousa to Discuss the Status and Process of the Regional Transportation Impact Fee (RTIF) as it Relates to the Los Banos Bypass Project, Including Level of Fees Collected and/or Expended to Date.

Recommendation: Direction from the City Council on how to proceed.

B. Request from Council Member Sousa to Discuss the Status of the Los Banos Bypass Project, Including all Expenditures of Local and All Other Funds, Including Costs Incurred in OneVoice Efforts by the City of Los Banos.

Recommendation: Direction from the City Council on how to proceed.

10. REDEVELOPMENT AGENCY UPDATE.

11. ADVISEMENT OF PUBLIC NOTICES. (No Report)

12. CITY MANAGER / EXECUTIVE DIRECTOR REPORT.

13. CITY COUNCIL / REDEVELOPMENT AGENCY MEMBER REPORTS.

A. Tom Faria

Los Banos City Council/Redevelopment Agency Agenda - May 18, 2011 Page 30f4

B. Scott Silveira

C. Joe Sousa

D. Elizabeth Stone

E. Mayor Mike Villalta

14. ADJOURNMENT.

A. Adjourn to 4:30 p.m., Monday, May 23,2011 to Attend a 2011-2012 Fiscal Year Budget Workshop Being Held in the Council Chambers, 520 J Street, Los Banos, California.

B. Adjourn to 4:30 p.m., Tuesday, May 31, 2011 to Attend a 2011-2012 Fiscal Year Budget Workshop Being Held in the Council Chambers, 520 J Street, Los Banos, California.

I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing C f.tec= bulletin board not less than 72 hours prior to the meeting.

Lucille L. Mallonee, City Clerk Dated this 13th day of May 2011

Los Banos City Council/Redevelopment Agency Agenda - May 18, 2011 Page 4 0(4

CK #128650 - #128895 05/18/11 $973,742.89 Bank Reconciliation Checks By Date

05/1112011 - 9:32 AM

User: jdemelo

Cleared and Not Cleared Checks

Check No Check Date Name Comment ModuleVoid Clear Date Amount

128650 04/2712011 Westamerica Bank - Cafeteria P AP 47,789.88 128651 04/2912011 Alhambra AP 57.71 128652 0412912011 A & A Portables Inc AP 435.07 128653 04129/2011 Yaochi Abarca AP 108.00 128654 04/2912011 Ameripride Valley Uniform Serv AP 144.13 128655 04129/2011 Anthony Gomes Electric Service AP 644.81 128656 04/29/2011 Aramark Uniform Ser Inc AP 567.06 128657 04/2912011 AT&T AP 357.22 128658 04129/2011 AT&T AP 241.35 128659 04129/2011 Auto Zone Commercial AP 71.34 128660 0412912011 Backflow Apparatus & Valve Co. AP 69.60 128661 04/2912011 Baker Supplies & Repair AP 39.65 128662 04/2912011 BJ's Consumers Choice AP 204.00 128663 04/2912011 Bruce's Tire Inc AP 1,379.72 128664 04/29/2011 BSK AP 2,925.00 128665 04/29/2011 Clark Pest Control Inc AP 90.00 128666 0412912011 Comcast AP 99.95 128667 0412912011 Comcast AP 99.95 128668 04/29/2011 Culver Company Inc AP 2,822.59

" 128669 04/2912011 Double D. Towing LLC AP 45.00 'I , 128670 04/29/2011 Drager Safety Diagnostics Inc. AP 154.40

128671 04129/2011 Electrical Distributors Co. AP 28Q.42 128672 0412912011 Linda Ellien AP 280.00 128673 04/29/2011 Evergreen Oil, Inc. AP 45.00 128674 04/29/2011 Fastenal Company AP 41.89 128675 04129/2011 Ferguson Enterprises Inc AP 174.30 128676 04/29/2011 Ford Motor Credit AP 5,274.95 128677 0412912011 GCS Environmental Equipment Se AP 605.58 128678 04129/2011 Galls Inc AP 87.75 128679 04129/2011 Gibbs International, Inc AP 170.72 128680 04/29/2011 Aaron 1. Gomes AP 339.00 128681 04/29/2011 Group 1 Solutions, Inc. AP 5,376.00 128682 04129/2011 Heppner Precision Machine AP 65.20 128683 04/2912011 HSBC Business Solutions AP 1,121.05 128684 04/29/2011 The'lron Rod AP 78.28 128685 04/2912011 J W Professional Janitor AP 86.50 128686 04/29/2011 KMartW3764 AP 14.59 128687 04/2912011 Krazan & Associates Inc AP 4,180.75 12868.8 04/29/2011 Liebert Cassidy Whitmore AP 1,729.00 128689 04/2912011 Los Banos Express Oil & Lube AP 98.53 128690 0412912011 Los Banos Volunteer AP 2,500.00 128691 04/29/2011 Los Banos Ministries AP 1,169.00 128692 04/29/2011 Los Banos Unified School AP 710.04 128693 04/29/2011 Steve Macillas AP 98.00 128694 04/2912011 Marfab Inc AP 49.82 128695 0412912011 Matson Alarm Co Inc AP 180.00 128696 0412912011 Miracle Recreation Equipment C AP 1,000.10 128697 04/29/2011 Paula Kathleen Moore AP 172.80 128698 04129/2011 Napa Auto Parts AP 356.57 128699 04129/2011 Nest Environmental Services In AP 720.00

BR - Checks by Date (0511112011 - 9:32 AM) Page

Check No Check Date Name Comment Module Void Clear Date Amount

128700 04/2912011 Rommeliene Nation AP 78.00 128701 04129/2011 Nextel AP 185.48 128702 04/29/2011 Gerald "Obie" O'Brien AP 77.14 128703 04/29/2011 Office Equipment Fin Serv AP 442.02 1287p4 04/29/2011 OSE AP 291.60 128705 04/29/2011 O'Reilly Auto Parts AP 1,439.60 128706 04129/2011 P G & E Company AP 2,956.51 128707 04129/2011 P G & E Company AP 20.42 128708 04/29/2011 PERS - Public Employees AP 111,238.71 128709 04/29/2011 The Phone Connection Inc AP 157.50 128710 04/29/2011 Protech Security & Electronics AP 161.48 128711 04/29/2011 Radio Shack Account~ Rec AP 142.98 128712 0412912011 Valerie Reyna AP 54.61 128713 04/2912011 Safe TLite AP 303.22 128714 04/29/2011 Scott Savage AP 1,134.00 128715 04/29/2011 Santos Ford Lincoln Mercury, I AP 2,226.77 128716 04/29/2011 Save Mart Supermarkets AP 18.50 128717 04129/2011 Sherwin Williams Co AP 239.02 128718 04/2912011 Sign Solutions AP 10.88 128719 04/29/2011 Sorensens True Value AP 674.30 128720 04129/2011 A. Teichert & Son, Inc. AP 379.26 128721 04129/2011 Toscano RV Center AP 19.83 128722 04/29/2011 Triangle Rock Products AP 610.09 128723 04/29/2011 Yolanda Ordunez AP 96.74 128724 04/29/2011 Westhill Real Estate - Dos Pal AP 86.90 128725 04129/2011 Ashley Areia AP 50.19 128726 04/29/2011 Raul Cruz AP 10.91 128727 04/29/2011 Jessica Kenolio AP 38.53 128728 04/2912011 Remax, Tammy Miller AP 5.05 128729 0412912011 Akbar Nourmanesh AP 33.52 128730 04/29/2011 Reginal & Maria Price AP 80.98 128731 04/29/2011 Virginia Yates AP 601.65 128732 04/2912011 Donald McCammond AP 41.12 128733 04/2912011 John and Gisela Benka AP 43.57 128734 04/2912011 Erika Juarez AP 11.35 128735 0412912011 Patty Lowe AP 68.50 128736 04/29/2011 Sonny Flores AP 9.41 128737 04129/2011 Maria and Manuel Silveira AP 46.83 128738 04/29/2011 Sabeur Siala AP 71.12 128739 04/2912011 Amparo Valencia AP 69.17 128740 04/29/2011 Law Offices of William A Vaugh AP 9,000.00 128741 04/2912011 Law Offices of William A Vaugh AP 6,931.25 128742 04129/2011 Denise Walmsley AP 60.00 128743 04129/2011 Jennifer Williams AP 1,830.50 128744 04/29/2011 Windecker Inc AP 17,653.82 128745 04/29/2011 Young's Air Conditioning AP 415.00 128746 04/29/2011 Young's Automotive AP 181.00 128747 04/29/2011 EmiZako AP 231.00 128775 05/05/2011 Aflac-Customer Service AP 165.90 128776 05/05/2011 Aflac-Customer Service AP 227.75 128777 05/05/2011 Aflac-Customer Service AP 53.90 128778 05/05/2011 Aflac-Customer Service AP 122.89 128779 05/0512011 Bank of America AP 90,687.19 128780 05/0512011 Bank of America AP 3,222.09 128781 05/05/2011 Bank of America AP 12,823.31 128782 05/05/2011 Hartford Life Ins Co AP 5,680.25 128783 05/05/2011 Hartford Life Ins Co AP 48.55 128784 05/05/2011 Hartford Life Ins Co AP 54.38 128785 05/05/2011 Hartford Life Ins Co AP 44.62 128786 0510512011 Hartford Life Ins Co AP 45.37 128787 05/0512011 Hartford Life Ins Co AP 24.78 128788 05/0512011 Hartford Life Ins Co AP 30.45

BR - Checks by Date (05/1112011 - 9:32 AM) Page 2

Check No Check Date Name Comment ModuleVoid Clear Date Amount

128789 OS/OS/2011 Hartford Life Ins Co AP 74.S7 128790 OS/OS/2011 Hartford Life Ins Co AP Sl.82 128791 OS/OS/2011 Hartford Life Ins Co AP SS.38 128792 OS/OS/2011 Hartford Life Ins Co AP 42.60 128793 OS/OS/2011 ICMA-RC Headquarters AP 400.00 128794 OS/OS/2011 In Shape Health Clubs Inc AP S3S.00 12879S OS/OS/2011 Los Banos Police Assn AP 2,226.00 128796 OS/OS/2011 Merced County Sheriff AP 424.21 128797 OS/OS/2011 Nationwide Retiremt Solut AP 1,360.00 128798 OS/OS/2011 PERS Long Term Care AP 419.S4 128799 OS/OS/2011 Professional Fire Fighter AP 3S0.00 128800 OS/OS/2011 State Disbursement Unit AP 276.00 128801 OS/OS12011 State Disbursement Unit AP 44l.00 128802 OS/OS12011 State Disbursement Unit AP 244.00 128803 OS/0512011 State Disbursement Unit AP 174.00 128804 OS/OS/2011 State Disbursement Unit AP S72.00 12880S OS/OSI2011 State Disbursement Unit AP 208.S0 128806 OS/OS/2011 Westamerica Bank - Cafeteria P AP 8,S97.28 128807 OS/06/2011 A & A Portables Inc AP 68.83 128808 OS/0612011 Abbott & Kindermann, LLP AP 137.61 128809 OS/0612011 All Weather Inc AP 1,166.67 128810 OS/0612011 Ameripride VaUey Uniform Serv AP 426.66 128811 OS/06/2011 Anthony Gomes Electric Service AP 46.37 128812 OS/0612011 Aramark Uniform Ser Inc AP SSl.OI 128813 OS/06/2011 AT&T AP 1,033.73

i

128814 05106/2011 Baker Supplies & Repair AP 44.91 12881S OS/06/2011 Todd Baker AP 10.00 128816 OS/06/2011 Best Best & Krieger AP Void 417.00 128817 OS/0612011 BJ's Consumers Choice AP 760.00 128818 OS/0612011 Borelli Real Estate Service AP 90.00 128819 OS/0612011 Bruce's Tire Inc AP 833.S6 128820 OS/0612011 Cal Traffic AP 1,347.64 128821 OS/06/2011 Chevron Usa Inc AP 128.4S 128822 OS/0612011 Central Concrete AP 10S.22 128823 OS/06/2011 Comcast AP 99.9S 128824 OS/0612011 CompuCom AP I,SS3.76 12882S OS/06/2011 Cook's Communications Corp. AP 132.73 128826 OS/06/2011 Credit Bureau Associates AP 24.00 128827 OS/0612011 City of Los Banos Utility AP S8.30 128828 OS/06/2011 Dakota Pump Inc AP 667.63 128829 OS/06/2011 Don's Mobile Glass AP 42S.00 128830 OS/06/2011 Department of Public Health AP 90.00 128831 OS/0612011 Electrical Distributors Co. AP 103.39 128832 OS/06/2011 F S Rod Inc AP 1,2S4.37 128833 OS/06/2011 Hilton Farnkopf & Hobson AP 20,OS3.00 128834 OS/0612011 Fast Track Car Wash AP IO.S0 12883S OS/06/2011 Feeney Wireless AP 180.00 128836 OS/06/2011 FerreUgas, Inc. AP SS.63 128837 OS/06/2011 Frantz Wholesale Nursery AP S.OO 128838 OS/06/2011 GCS Environmental Equipment Se AP 1,483.34 128839 OS/0612011 Genesis Lamp Corporation AP 19S.24 128840 OS/06/2011 Thomas W. Giraldin AP 1,600.00 128841 OS/0612011 Greater San Joaquin Umpire Ass AP 700.00 128842 OS/0612011 Guardian Safety and Supply, LL AP 272.97 128843 OS/0612011 Heppner Precision Machine AP 487.20 128844 OS/06/2011 Holt Bros AP 2,420.78 12884S OS/0612011 LuzHoyt AP 300.00 128846 OS/06/2011 Ikon Office Solutions, Inc. AP 1,IS2.1S 128847 OS/06/2011 Ikon Office Solutions, Inc. AP 1,368.08 128848 OS/06/2011 Laser Impressions, Inc. AP 106.90 128849 OS/06/2011 Los Banos Arts Council AP 917.0S 1288S0 OS/06/2011 Los Banos Vet Clinic AP Void 232.40

BR - Checks by Date (OS/1112011 - 9:32 AM) Page 3

Check No Check Date Name

128851 128852 128853 128854 128855 128856 128857 128858 128859 128860 128861 128862 128863 128864 128865 1~8866 128867 128868 128869 128870 128871 128872 128873 128874 128875 128876 128877 128878 128879 128880 128881 128882 128883 128884 128885 128886 128887 128888 128889 128890 128891 128892 128893 128894 128895

05106/2011 Rosemary P. Lopez 05106/2011 Marfab Inc 05106/2011 Merced County Auditor 0510612011 Merced County Association of G 05106/2011 Merced County Association of G 05106/2011 Merced County Association ofG 05106/2011 Merced Sun Star 05106/2011 Midway Industries, LLC 05106/2011 Napa Auto Parts 05106/2011 The Office City 0510612011 OSE 0510612011 Pacifico Sol, Inc. 0510612011 Precision Inspection Co., Inc. 05106/2011 PVP Communications 05106/2011 Jeremy Rahn 0510612011 Real Property Analysts 05106/2011 Safe T Lite 05106/2011 San Joaquin Pest Control 05106/2011 Santos Ford Lincoln Mercury, I 05106/2011 Save Mart Supermarkets 05/0612011 Sauceda Vehicle 05106/2011 Sign Solutions 0510612011 Sorensens True Value 05106/2011 Spriggs Inc 05/06/2011 Sprint 0510612011 Stradling Yocca Carlson & Raut 0510612011 Thomas Ochoa 0510612011 Terminix Processing Center 05106/2011 Toscano R\T Center 05106/2011 Saovann Chao 05/06/2011 Alejandra LWIa Perez 05106/2011 Realty Executives, Armando Dia 05106/2011 TishaReese 05106/2011 Alfred & Margaret Wenger 05/06/2011 Matel Realtors 05106/2011 Alvemaz Investments 0510612011 Rosa Maria Ramirez 05106/2011 Manuel Serrano 0510612011 Dorothy Pruitt 05106/2011 Paradise Realty- Maria Sanchez 05106/2011 Gina Wyrick 05106/2011 Atlantic & Pacific Real Estate 05106/2011 Law Offices of William A Vaugh 05/09/2011 Trans County Title Co 0510912011 Trans County Title Co

Break in Check Sequence due to the following Check # 128748-128774 (payroll Checks)

BR - Checks by Date (05/1112011 - 9:32 AM)

Comment ModuleVoid Clear Date

AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP AP

Total for Valid Checks:

Total Valid Checks: Total Void Checks:

Total Checks:

Amount

500.00 448.57

280,043.00 20,482.35

6,747.19 647.09 804.48 128.90 162.05 271.07

1,097.44 871.10

1,005.00 1,312.06

40.00 2,500.00 3,001.98

75.00 594.27 197.30 210.00

43.50 570.89 599.32

39.99 2,014.13 1,641.43

75.00 271.88 69.17 72.42

2.20 42.88

6.42 59.32 67.21 31.06 36.96

2.20 94.09 54.83 5.36

5,509.62 111,661.95 111,598.95

973,742.89

Page

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219

4

CITY OF LOS BANOS CITY COUNCIL I REDEVELOPMENT AGENCY MEETING MINUTES

MARCH 16, 2011

ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

CALL TO ORDER: Mayor Villalta called the City Council/Redevelopment Agency Meeting to order at the hour of 7:02 p.m.

PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL I REDEVELOPMENT AGENCY PRESENT: Tom Faria, Scott Silveira, Joe Sousa, Elizabeth Stone, Mayor Michael Villalta; ABSENT: None

STAFF MEMBERS PRESENT: City Attorney Vaughn, City Clerk/Human Resources Director Mallonee, City Treasurer/Accountant II Brazil, City Manager Rath, Fire Chief Guintini, Police Chief Brizzee, Public Works Director/City Engineer Fachin, Redevelopment Agency Director Post, Assistant Planner Souza, and Information Technology Director Spalding.

CONSIDERATION OF APPROVAL OF AGENDA: Motion by Stone, seconded by Sousa to approve the agenda as submitted. The motion carried by the affirmative action of all City Council/ Redevelopment Agency Members present.

PRESENTATIONS - GIRL SCOUTS PROCLAMATION. Mayor Villalta presented a proclamation to the Girl Scouts.

PRESENTATIONS - EAGLE SCOUTS RECOGNITION. Mayor Villalta asked the Eagle Scouts in attendance to come forward to be recognized for their achievements, spoke to the meaning of being an Eagle Scout, and asked each one to describe their Eagle Scout project in which they did.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL I REDEVELOPMENT AGENCY MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. LES POLACSY, Los Banos, spoke regarding the Understanding of the Constitution class sponsored by the Los Banos Tea Party Patriots; RHONDA LOWE, Los Banos Chamber of Commerce President, spoke regarding the Los Banos Chamber of Commerce meeting regarding the power of small business and entrepreneurship

-" . -" .

being held at Day 3 Church on April 5, 2011; PASCUAL MENDIVIL, Los Banos, spoke of the respect he has for those that organized the Cesar Chavez march, support for Black History Month, and read from a prepared statement regarding different cultures and the lack of ethnic diversity among management in the school district; NIKKI TUFT, Allied Waste, spoke regarding the annual spring clean up being held on Saturday, April 9, 2011 at 7:00 a.m. at Ranchwood Park and at the fairgrounds parking lot, the curb side recycling program and the efforts to help educate the public on what is and is not recyclable, and the need to contact the Police Department regarding scavengers; MAICHE DOMINGUEZ, Los Banos, spoke regarding the fifth annual Cesar Chavez march being held next weekend at 12:00 p.m. starting at City Hall and encouraged all to attend; UNKNOWN, Los Banos, spoke regarding the Cesar Chavez event, the need to help each other, what we do today will affect tomorrow, and encouraged all to come out to the event; HENRY DOMINGUEZ, Los Banos, spoke regarding Cesar Chavez, the importance to focus on his message, and what was sacrificed to stop the violence. No one else came forward to speak and the public forum was closed.

CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Stone, seconded by Faria to approve the consent agenda as follows: Check Register for #127453 - #127682 in the Amount of $945,384.90; Minutes for the February 2, 2011 City Council/Redevelopment Agency Meeting; City Council Resolution No. 5304 -Authorizing Award of Proposal to Provide Engineering Services for the 2010 Urban Water Management Plan; Redevelopment Agency Resolution No. 2011-04 -Confirming the Execution of a Grant Deed from the Los Banos Redevelopment Agency to the City of Los Banos Transferring Title to the Police Annex Building; City Council Resolution No. 5305 - Confirming and Validating the Acceptance of a Grant Deed from the Los Banos Redevelopment Agency to the City of Los Banos Transferring Title to the Police Annex Building. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present.

MID YEAR BUDGET REVIEW & UPDATE; CITY COUNCIL RESOLUTION NO. 5306 -ADOPTING A REVISED BUDGET FOR THE 2010-2011 FISCAL YEAR (FY) AS IT PERTAINS TO REVENUES AND EXPENDITURES. Brent Kuhn, Vavrinek, Trine, Day & Co., LLP presented the staff report.

There was council member, staff, and consultant discussion regarding the need to identify Redevelopment Agency projects and use the funds as soon as possible, these numbers being much more encouraging than what has been seen in the past years, hope that all funds will outperform our expectations, the legislature's plans in regards to Redevelopment Agency funding, Assembly Bill 77, the impact to local agencies if Redevelopment Agencies go away, the bond process, debt service, statutory pass through payments, the overall plan and success of the community center, and the incremelltal property tax.

Mayor Villalta requested a cash flow analysis of the past few years including what came in, what came out, year to date totals, what the actuals are by category in each fund, and how operating expenses are developed.

Council Member Sousa spoke of the large amount of paper created for City Council members with reports, the Council already currently receiving a monthly report that explains exactly what Mayor Villalta is requesting, and the great work staff is doing.

City Manager Rath spoke to the difference in the City Council and Redevelopment Agency, there is a legal line of demarcation, being in good shape for the shape we are in, explained what the City has done to address the declining economy since 2007, Measure P employee give backs, the need for additional cuts, Redevelopment Agency cash flow, the monthly expenditure reports, and commended staff for managing the challenges.

Mayor Villalta spoke of his feelings that this report is more of a workshop type of item, hearing midyear budget adjustments in the same breath as voting on the revisions does not allow for time to digest before making a change in the budget.

Motion by Sousa, seconded by Stone to adopt City Council Resolution No. 5306 -Adopting a Revised Budget for the 2010-2011 Fiscal Year (FY) as it Pertains to Revenues and Expenditures. The motion carried by the following roll call vote: AYES: Faria, Silveira, Sousa, Stone; NOES: Villalta; ABSENT: None.

POLICE DEPARTMENT UPDATE - PRESENTATION OF 2010 CRIME STATISTICS AND INTRODUCTION OF CRIME PREVENTION PAMPHLET. Police C~ief Brizzee presented the staff report, which included a PowerPoint presentation.

There was council member and staff discussion regarding the crime prevention pamphlet, animal control as a real challenge for the Police Department, staff doing a fantastic job with the resources they have, code enforcement, the importance of spaying and neutering your pets, graffiti cleanup process, the need to enforce handicap parking restrictions around town, the difference between sworn and non-sworn, and the neighborhood watch programs.

Council Member Faria suggested including the pamphlets in the utility bills in English and Spanish and included on the City's website.

Council Member Silveira spoke of his willingness to donate $100 to the effort in putting the flyers in the utility bill in which Council Member Sousa, Council Member Faria, and Mayor Villalta offered to match that amount.

Accounting & Budget Supervisor Williams stated that she will look into the cost and get a quote for Council.

Informational item only, no action taken.

CULTURE & THE ARTS COMMISSION APPOINTMENT. Motion by Villalta, seconded by Silveira to appoint Tommy Wright to the Culture & the Arts Commission to serve an

unexpired term expiring December 31, 2011. The motion carried by the affirmative action of all City Council/Redevelopment Agency Members present.

REDEVELOPMENT AGENCY UPDATE. Redevelopment Agency Director Post reported that the Redevelopment Agency has returned to City Hall, sent out flyers out this week regarding the Neighborhood Stabilization program, encouraged those interested in purchasing a foreclosed home to contact the Redevelopment Agency, and still has money left in the small business loan program.

ADVISEMENT OF PUBLIC NOTICES (No Report).

CITY MANAGER I EXECUTIVE DIRECTOR REPORT. Spoke of his thoughts and prayers for all the folks in Japan and citizen concerns about radioactivity and iodine pills.

Fire Chief Guintini spoke of the current situation, how it is being monitored, where information can be found regarding what is going on out there.

CITY COUNCIL I REDEVELOPMENT AGENCY MEMBER REPORTS.

TOM FARIA: Spoke of the Federal Aviation Administration (FAA) that designated our airport as a major staging area, sang for a funeral of Ms. Lorena Falasco and her legacy lives long and strong, thanked all who came out for the Knights of Columbus scholarship fundraising concert, and invited all to attend the upcoming jazz concert band at the Los Banos High School multipurpose room on March 23, 2011 at 7:00 p.m.

SCOTT SILVEIRA: Spoke regarding the Merced County Fire Department Los Banos Station drive thru pancake breakfast on March 27, 2011 and the kick off dinner for the Merced County Spring Fair on April 8, 2011.

JOE SOUSA: Spoke of the need to keep the people in Japan in our prayers as it is one of the biggest tragedies in our lifetime, a teacher at Miano Elementary School named Sergio de Alba who is being honored by the Merced County Farm Bureau, suggested that Council present him with a proclamation in the future for his hard work and dedication to the community, recycling issues, the need to fine those who are abusing the recycling rules, requested that the Planning Commissioners who resigned from their positions be recognized with a proclamation, attended Ag Day at Henry Miller Elementary School, thanked all those who were involved in putting on the event, and would like to know who the senators are that voted to save the Redevelopment Agencies.

ELIZABETH STONE: Spoke of her thoughts and prayers for the people of Japan, thanked the Parks and Recreation Divisions for putting on the Arbor Day event, congratulated the girl scouts and eagle scouts, and spoke to the One Voice trip to Washington D.C. in which she and Mayor Villalta participated in, Los Banos bypass was

number one priority with Merced County Association of Governments (MCAG) at the One Voice trip, and asked the community to support our Redevelopment Agencies.

MAYOR MICHAEL VILLALTA: Spoke regarding Ms. Lorena Falasco and his sadness at her passing, the upcoming Cesar Chavez march on March 19, 2011 at 12:00 p.m., the cleanup day on March 19, 2011 at Ranchwood Park, and an event to foster economic recovery sponsored by the Los Banos Chamber of Commerce on April 5, 2011 at 6:30 p.m. at Day 3 Church.

ADJOURNMENT. Motion by Villalta to adjourn the meeting at the hour of 10:01 p.m. to 4:30 p.m., Thursday, March 17,2011 to Attend a Utility Fee Workshop being held in the City Hall Council Chambers, 520 J Street, Los Banos, California and to Wednesday, March 30, 2011 to Attend a Utility Fee Workshop being held in the City Hall Council Chambers, 520 J Street, Los Banos, California. Jhe motion carried by the affirmative action of all City Council! Redevelopment Agency Members present.

APPROVED:

Michael Villalta, Mayor ATTEST:

Lucille L. Mallonee, City Clerk

CITY OF LOS BANOS ADJOURNED CITY COUNCIL I REDEVELOPMENT AGENGY MEETING MINUTES

MAY 3,2011

ACTION MINUTES - These minutes are prepared to depict action taken for agenda items presented to the City Council.

CALL TO ORDER: Mayor Villalta called the Adjourned City Council I Redevelopment Agency Meeting to order at the hour of 4:30 p.m.

PLEDGE OF ALLEGIANCE. Planning Commissioner Mello led the pledge of allegiance.

ROLL CALL - MEMBERS OF THE CITY COUNCIL I REDEVELOPMENT AGENCY PRESENT: Council Members Tom Faria, Scott Silveira, Joe Sousa, Mayor Michael Villalta; Stone absent.

Council Member Stone arrived at 4:34 p.m.

CONSIDERATION OF APPROVAL OF AGENDA: The agenda was approved by consensus of all members present.

PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL I REDEVELOPMENT AGENCY MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. No one came forward to speak and the public forum was closed.

JOINT CITY COUNCIL I REDEVELOPMENT AGENCY AND PLANNING COMMISSION COMMUNITY BUS TOUR. No action taken, informational item only.

ADJOURNMENT. The meeting was adjourned at the hour of 6:12 p.m.

APPROVED:

Michael Villalta, Mayor

ATTEST:

Jana R. Sousa, Assistant City Clerk .

CITY OF LOS BANOS CITY COUNCIL / REDEVELOPMENT AGENCY MEETING MINUTES

MAY 4, 2011

ACTION MINUTES – These minutes are prepared to depict action taken for agenda items presented to the City Council. For greater detail of this meeting refer to the electronic media (CD and/or audio) kept as a permanent record.

The following closed session item was held prior to the City Council / Redevelopment Agency Meeting: CONFERENCE WITH REAL PROPERTY NEGOTIATORS, PURSUANT TO GOVERNMENT CODE SECTION 54956.8; PROPERTY: APNS: 250-54-005, 250-54-006, AND A PORTION OF 250-72-036; NEGOTIATORS: EXECUTIVE DIRECTOR, AGENCY ATTORNEY, POLICE CHIEF, PLANNING DIRECTOR, AND REDEVELOPMENT AGENCY DIRECTOR; NEGOTIATING PARTIES: LOS BANOS REDEVELOPMENT AGENCY & ADMINISTRATIVE OFFICE OF THE COURTS; UNDER NEGOTIATION: PURCHASE PRICE AND TERMS OF SALE. Direction to staff only, no action taken. CALL TO ORDER: Mayor Villalta called the City Council / Redevelopment Agency Meeting to order at the hour of 7:01 p.m. PLEDGE OF ALLEGIANCE: Police Chief Brizzee led the pledge of allegiance. ROLL CALL – MEMBERS OF THE CITY COUNCIL / REDEVELOPMENT AGENCY PRESENT: Council Members Tom Faria, Scott Silveira, Joe Sousa, Elizabeth Stone, Mayor Michael Villalta. STAFF MEMBERS PRESENT: City Attorney Vaughn, Deputy City Clerk/Payroll Technician Ascencio, City Treasurer/Accountant II Brazil, City Manager Rath, Police Chief Brizzee, Public Works Director/City Engineer Fachin, Redevelopment Agency Director Post, Planning Director Fitzgerald, Accounting & Budget Supervisor Williams, and Information Technology Director Spalding. CONSIDERATION OF APPROVAL OF AGENDA: Motion by Faria, seconded by Silveira to move item 9 – Authorization of Staff to Initiate the Proposition 218 Process for the Increase of Water, Wastewater and Solid Waste/Refuse Rates to be heard after item 11 – City Council Resolution No. 5310 – Approving the 2011/2012 Transportation Planning Work Program and Comprehensive Planning Work Program and Budget for Merced County Association of Governments (MCAG) and Allocating $104,530 to the 2011/2012 Fiscal Year for the Annual MCAG Contract. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present.

Motion by Faria, seconded by Silveira to approve the agenda with the altered order as approved in the previous motion. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. PRESENTATIONS – PROCLAMATION RECOGNIZING NATIONAL DAY OF PRAYER. Mayor Villalta presented the proclamation to Pastor Stephen Hammond who accepted the proclamation and spoke of the National Day of Prayer event that will take place at City Hall in the Council Chambers on Thursday, May 5, 2011 at 12:00 p.m. Mayor Villalta welcomed members of Mrs. Latta’s Los Banos High School History class who were present for extra credit. PUBLIC FORUM: MEMBERS OF THE PUBLIC MAY ADDRESS THE CITY COUNCIL / REDEVELOPMENT AGENCY MEMBERS ON ANY ITEM OF PUBLIC INTEREST THAT IS WITHIN THE JURISDICTION OF THE CITY; INCLUDES AGENDA AND NON-AGENDA ITEMS. NO ACTION WILL BE TAKEN ON NON-AGENDA ITEMS. SPEAKERS ARE LIMITED TO A FIVE (5) MINUTE PRESENTATION. DETAILED GUIDELINES ARE POSTED ON THE COUNCIL CHAMBER INFORMATIONAL TABLE. DIANA INGRAM, Los Banos, spoke regarding an Arts Council folk collection event on May 21, 2011 at 2:00 p.m., encouraged the community to support the Relay for Life event at Pacheco High School on May 21, 2011, and the sisters from New Bethany will be putting on a recognition of their founder Mother Maria Clara will be beatified on May 21, 2011 at 10:00 a.m. at the park near New Bethany; ARKADY FAKTOROVICH, Los Banos Tea Party Patriots, invited all to come to the Miller & Lux building on May 5, 2011 at 7:00 p.m. to hear an exciting speaker regarding American history; NORM DONOVAN, Los Banos, spoke of a young lady named Jamie Brown who has brain cancer and a spaghetti drive thru dinner fundraiser being held in her honor on May 16, 2011; BERNICE GOIS, Los Banos, spoke of her disappointment in how a situation was handled by the Police Department regarding her daughter and a lack of communication between them; Police Chief Brizzee responded that the Police Department had been in contact with Ms. Gois; JOHN WHALA, Los Banos Chamber of Commerce, spoke of the Spring street fair being a success and thanked those who assisted in the event; ANN McCAULEY, Los Banos, spoke of the funds that were set aside for land acquisition of the bypass, the purpose of One Voice and if the bypass was truly a priority in Washington D.C., traffic on Pacheco Boulevard, the need for our City to become a destination point, Pacheco Boulevard can be a much more beautiful gateway to the community if truck traffic was diminished, and encouraged everyone to keep the bypass number one; LES POLACSY, Los Banos, requested to be able to comment on item 9 – Authorization of Staff to Initiate the Proposition 218 Process for the Increase of Water, Wastewater and Solid Waste/Refuse Rates at the time it is heard, agreed with Ms. McCauley’s comments regarding the Regional Transportation Impact Fee (RTIF), suggested that the City should abandon the RTIF and make establish a similar fee fund to be used locally; RHONDA LOWE, Merced County Community Action Agency, spoke of an exciting senior citizen lunch program that kicked off on May 2, 2011 at the community center, the program is sustaining itself, thanked for the staff at community center for their assistance, and working hard to make sure

seniors don’t go hungry in our community. No one else came forward to speak and the public forum was closed. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Motion by Stone, seconded by Faria to approve the consent agenda as follows: Check Register for #128317 – #128649 in the Amount of $930,616.17; City Council Resolution No. 5317 – Approving the Purchase of a Home Located at 765 Friguglietti Avenue, Los Banos, California with Neighborhood Stabilization Program (NSP) Funding in the Amount of $85,000; City Council Resolution No. 5318 – Approving the Purchase of a Home Located at 115 Tangelo Avenue, Los Banos, California with Neighborhood Stabilization Program (NSP) Funding in the Amount of $95,000; City Council Resolution No. 5319 – Approving the Purchase of a Home Located at 531 Winemaker Street, Los Banos, California with Neighborhood Stabilization Program (NSP) Funding in the Amount of $112,000. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. CONSIDERATION OF APPROVAL OF RECOMMENDATIONS TO MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) GOVERNING BOARD REGARDING CONDITIONS TO THE EXPENDITURE OF REGIONAL TRANSPORTATION IMPACT FEE (RTIF) FUNDS FOR THE ATWATER-MERCED EXPRESSWAY PROJECT. Public Works Director/City Engineer Fachin presented the report and stated the Jesse Brown, MCAG, was present to answer any questions. Jesse Brown, MCAG, came forward and spoke regarding the recommendations that will go to the MCAG Gov Board special meeting on May 5, 2011. Mayor Villalta invited members of the public to come forward and speak regarding this item. DIANA INGRAM, Los Banos, spoke of being part of the MCAG Advisory Board, advised that there has not been a change of attitude by the City or MCAG towards the bypass, suggested that perhaps some people misunderstood what was printed in the newspaper, and spoke of her support for the bypass; LES POLACSY, Los Banos, inquired as to whether or not there is a guarantee that the funds will not be diverted to another project. Jesse Brown, MCAG, responded to Mr. Polacsy’s inquiry and stated that the State bond funds, by law, can only be used for the projects on State Route 99 and cannot be diverted for some other service or function, spoke of seven total projects competing for these funds, the Los Banos bypass in the top three, and this being a fundable project. Council Member Sousa spoke of working diligently to convince the community that the RTIF is vital, comments made about putting money back in the RTIF, the reality of how long it would take to put that money back, has a hard time telling citizens in this town that its viable to continue paying the RTIF when there is a possibility that it can be taken again, Mayor Villalta and Mayor Pro Tem Faria speaking to that RTIF as an impediment

to businesses coming to town during their election campaign, the obligation of being an elected official, spoke of Mayor Villalta’s actions at a MCAG Governing Board meeting, encouraged the community to ask the Governing Board if we going to support the bypass as the number one priority and if we are going to maintain the RTIF, and requested that Mayor Villalta and Mayor Pro Tem Faria inform the public if they support the bypass and the RTIF. Mayor Villalta spoke in detail to actions and discussion that occurred at previous Technical Review Board and MCAG Governing Board meetings regarding the RTIF. There was council member, staff, and MCAG discussion regarding savings from the Bradley overhead project, no guarantees, this having been an important project for the community for several years, taken a long time to get to this place, the implementation of the RTIF in this town was with a promise that it would go towards the bypass, having an obligation to those businesses that contributed, the importance for the community to notice what Council Members are saying at meetings versus what is said on the street, and being between a rock and a hard place. Mayor Villalta spoke of not supporting the RTIF in the past, not saying he is supporting the RTIF now, Los Banos shouldn’t pay for the bypass on its own, the consideration that Highway 152 could become a toll road in order to make the bypass possible, his support for the bypass because someday it will become a reality, and noted that two communities have not paid into the RTIF. Council Member Stone noted for the record that she attended the MCAG Governing Board meeting two weeks ago with City Manager Rath and Council Member Sousa who spoke at that meeting and her belief that the MCAG Governing Board wouldn’t have delayed the meeting until May 5, 2011 had they not spoken and supported the bypass at that meeting. Mayor Pro Tem Faria spoke of the need to continue good will with MCAG and our neighbors and to do everything we can for the community, first obligation being to the people who put him there, will not support the taking of that money, will vote against the motion, thanked Mr. Brown for working so hard on this, the need to listen to people of the community, and supports buying right-of-way but not wanting it to come one day sooner due to the need to be ready. Council Member Sousa stepped down from dais at 8:26 p.m. and returned at 8:28 p.m. City Manager Rath spoke of positive discussion on the bypass in general, the MCAG Governing Board and its members, being a democratic process, all transportation projects being extremely valuable, fought for funding at One Voice, and these conditions being a positive reaction in support of the bypass. Motion by Silveira, seconded by Stone to approve the Recommendations to Merced County Association of Governments (MCAG) Governing Board Regarding Conditions to

the Expenditure of Regional Transportation Impact Fee (RTIF) Funds for the Atwater-Merced Expressway Project including the additional wording of right-of-way acquisition for Phase Two for condition numbers 5 and 6. The motion carried by the following roll call vote: AYES: Silveira, Sousa, Stone; NOES: Faria, Villalta; ABSENT: none. CONSIDERATION OF APPROVAL OF CITY COUNCIL RESOLUTION NO. 5310 – APPROVING THE 2011/2012 TRANSPORTATION PLANNING WORK PROGRAM AND COMPREHENSIVE PLANNING WORK PROGRAM AND BUDGET FOR MERCED COUNTY ASSOCIATION OF GOVERNMENTS (MCAG) AND ALLOCATING $104,530 TO THE 2011/2012 FISCAL YEAR FOR THE ANNUAL MCAG CONTRACT. (CONTINUED FROM THE APRIL 6, 2011 MEETING) Public Works Director/City Engineer Fachin presented the report, noting that the item was continued from the April 6, 2011 City Council/Redevelopment Agency meeting. Motion by Sousa, seconded by Stone to approve City Council Resolution No. 5310 – Approving the 2011/2012 Transportation Planning Work Program and Comprehensive Planning Work Program and Budget for Merced County Association of Governments (MCAG) and Allocating $104,530 to the 2011/2012 Fiscal Year for the Annual MCAG Contract with the added language in the contract to identity $20,000 for carryover and $45,000 for Neighborhood Stabilization Program (NSP) services. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. Mayor Villalta called for a five minute recess at 8:40 p.m. CONSIDERATION OF AUTHORIZATION OF STAFF TO INITIATE THE PROPOSITION 218 PROCESS FOR THE INCREASE OF WATER, WASTEWATER AND SOLID WASTE/REFUSE RATES. Brent Kuhn, Vavrinek, Trine, Day & Co., LLC, presented the staff report, noting that this item is being brought forward strictly to authorize the initiation the Proposition 218 process and not to raise rates at this time. Mayor Villalta invited members of the public to come forward and speak regarding this item. LES POLACSY, Los Banos, spoke of reviewing the HF&H Consultants report, his concern about the accuracy of their numbers, the need for the rate increase to be priced accurately, the need for good infrastructure, and employee cutbacks that were made. Mr. Kuhn spoke to Mr. Polacsy’s comments, confirmed that the numbers are conservative, and spoke in detail to the model. There was discussion between Council Members, staff, and Mr. Kuhn regarding industry standards and averages, bond ratings, the need to close the dump and penalties that apply if there are no funds to close it, model being based on the general plan and master plan updates, any changes of the rate structures are subject to the Proposition 218 process, the purpose of a five year plan being so capital can be done,

the inability to control the mandates, and the ability to control the financing of the mandate. There was council member concern about the five year plan and suggestions on doing a one year plan instead. Council Member Stone asked Public Works Director/City Engineer Fachin what would happen to the situations regarding capital improvements, the landfill closure, and water compliance issues if rates are not raised now in which he stated that it would cause rates to rise about 200%. Mayor Pro Tem Faria spoke of the poverty rate in Los Banos, the intensity of the discussion, difficult balance between keeping the City solvent and keeping things affordable for constituents, and let public know he is listening. Mayor Villalta stepped down from dais at 10:00 p.m. and returned at 10:04 p.m. Council Member Sousa spoke of being in this situation because we should have acted on this sooner, this being a responsible plan, the situation could get aggravated if this isn’t done now, and the need to move ahead with the Proposition 218 process. Council Member Stone spoke of it being an irresponsible thing not to raise rates and the longer the wait to implement the higher the rates will be. Motion by Sousa, seconded by Stone to Authorize Staff to Initiate the Proposition 218 Process for the Increase of Water, Wastewater, and Solid Waste/Refuse Rates. The motion carried by the following roll call vote: AYES: Silveira, Sousa, Stone, Villalta; NOES: Faria; ABSENT: none. PRESENTATION OF CURRENT CASH FLOW MANAGEMENT PROCESSES UTILIZED BY THE CITY THROUGH ITS CURRENT ACCOUNTING SOFTWARE. Brent Kuhn, Vavrinek, Trine, Day & Co., LLC, presented the staff report. Council Member Sousa stepped down from dais at 10:14 p.m. and returned at 10:18 p.m. Mayor Pro Tem Faria spoke of being pleased with the report, the cost would be too high, would like for a spreadsheet to be created to show the budget numbers and how much came in and how much came out, and thanked Mr. Kuhn for his report. Council Member Silveira suggested that the idea of a brief narrative when the report comes out would be helpful. No action taken.

MEASURE P OVERSIGHT COMMITTEE REPORT. Police Chief Brizzee presented the report. City Manager Rath spoke of this being in response to the voters allowance of using Measure P funds. Council Member Sousa thanked the Committee for their hard work and the community for putting the Measure in place and being fortunate to have citizens who understand the issues. Council Member Silveira commended the Committee for their work. Motion by Sousa, seconded by Silveira to accept the Measure P Oversight Committee Report. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. COUNCIL MEMBER AGENDA REQUESTS. (TO SEE IF THERE IS A MAJORITY CONSENSUS TO HAVE STAFF EXPEND TIME ON THE ISSUE AND TO HEAR IT AT A FUTURE MEETING.) REQUEST FROM COUNCIL MEMBER SOUSA TO HAVE STAFF DEVELOP A PROCLAMATION AWARD POLICY, FOR THE PURPOSE OF FORMALIZING THE PRESENTATION AND AWARD OF PROCLAMATIONS TO COMMISSION MEMBERS BY THE LOS BANOS CITY COUNCIL AND MAYOR. Council Member Sousa spoke of failure to recognize former commissioners for their service, would like to direct City Attorney Vaughn to formalize a proclamation issuance process specifically for outgoing commissioners, and the need for the proclamations to commissioners to be presented by the Mayor and City Council. Council Member Stone spoke of her assumption that proclamation came from the Council as a whole, her thoughts that the Mayor shouldn’t have more power over the body, and would support staff looking into this issue. Mayor Pro Tem Faria spoke of a situation in which he had asked former Mayor Jones to present a proclamation in which he was denied. Motion by Sousa, seconded by Stone to direct City Attorney Vaughn to formalize a proclamation issuance process for outgoing commissioners by the Mayor and Council Members. The motion carried by the following roll call vote: AYES: Silveira, Sousa, Stone; NOES: Faria, Villalta; ABSENT: none. REQUEST FROM COUNCIL MEMBER SOUSA TO DISCUSS THE STATUS AND PROCESS OF THE REGIONAL TRANSPORTATION IMPACT FEE (RTIF) AS IT RELATES TO THE LOS BANOS BYPASS PROJECT, INCLUDING LEVEL OF FEES COLLECTED AND/OR EXPENDED TO DATE. Motion by Sousa seconded by Stone to table the Discussion of the Status and Process of the Regional Transportation Impact

Fee (RTIF) as it Relates to the Los Banos Bypass Project, Including Level of Fees Collected and/or Expended to Date until the May 18, 2011 City Council/Redevelopment Agency meeting. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. REQUEST FROM COUNCIL MEMBER SOUSA TO DISCUSS THE STATUS OF THE LOS BANOS BYPASS PROJECT, INCLUDING ALL EXPENDITURES OF LOCAL AND ALL OTHER FUNDS, INCLUDING COSTS INCURRED IN ONE VOICE EFFORTS BY THE CITY OF LOS BANOS. Motion by Sousa seconded by Stone to table the Discussion of the Status Los Banos Bypass Project, Including all Expenditures of Local and All Other Funds, Including Costs Incurred in One Voice Efforts by the City of Los Banos as it Relates to the Los Banos Bypass Project, Including Level of Fees Collected and/or Expended to Date until the May 18, 2011 City Council/Redevelopment Agency meeting. The motion carried by the affirmative action of all City Council / Redevelopment Agency Members present. REDEVELOPMENT AGENCY UPDATE. Spoke regarding a new website launch that will post local businesses that have vacancies and information about Los Banos. ADVISEMENT OF PUBLIC NOTICES (Two Reports). Planning Director Fitzgerald advised of two public hearings on Wednesday, May 11, 2011 at 7:00 p.m. at City Hall in the Council Chambers to consider a vendor permit to all the operation of one ice cream truck in the residential zoning districts and to consider an annexation, area plan, General Plan amendment and fiscal studies for Stonecreek North. CITY MANAGER / EXECUTIVE DIRECTOR REPORT. Spoke of the upcoming budget workshops which will take place on Monday, May 23, 2011 and Tuesday, May 31, 2011 at 4:30 p.m. at City Hall in the Council Chambers. CITY COUNCIL / REDEVELOPMENT AGENCY MEMBER REPORTS. ELIZABETH STONE: Spoke of the Relay for Life team Caidyn’s Crusaders and their raffle at the event on May 21, 2011 at Pacheco High School. TOM FARIA: Spoke of it being a proud night watching the newly ordained Reverend Blackmon who is studying culinary arts, the upcoming Arts Council event on May 21, 2011, the Relay for Life event also on May 21, 2011, and the Tea Party Patriots event on May 5, 2011. SCOTT SILVEIRA: Thanked everyone for their support for the Merced County Spring Fair and announced that the fair will still be here next year. JOE SOUSA: Reminded everyone about the Jamie Brown fundraiser Elks dinner on May 16, 2011 and thanked the staff for the Merced County Community Action Agency senior lunch at the community center.

MAYOR MICHAEL VILLALTA: Spoke of having a safe spring fair this year which was due to Police protection. Police Chief Brizzee spoke briefly on efforts to reduce violence, working on a condensed version of press releases that have been sent out in the last few weeks, and Police presence being an enormous deterrent. ADJOURNMENT. The meeting was adjourned at the hour of 11:11 p.m. APPROVED: __________________________ Michael Villalta, Mayor ATTEST: _____________________________ Sandra Ascencio, Deputy City Clerk

LOS Banos Ai the Crossroads (~f Calij(Jrnia

Agenda Staff Report

TO:

FROM:

Mayor & City Council Members

Lucy Mallonee, CMC ~ City Clerk/Human Resources Director

DATE: May 18,2011

SUBJECT: Nationwide Retirement Solutions Deferred Compensation Plan

TYPE OF REPORT: Consent Agenda

Recommendation:

Adopt a resolution updating the Nationwide Deferred Compensation Plan Document to comply with current Internal Revenue Code (lRC) regulations.

Discussion:

The City of Los Banos offers a deferred compensation plan through Nationwide Retirement Solutions.

In order for the City of Los Banos to stay compliant with IRC regulations, it is necessary to update the current Nationwide Retirement Solutions 457 Governmental Plan & Trust document. Proposed changes to the document are attached to this memo and include: Articles I, III, IV, V, VI, VII, the Pension Protection Act of 2006, the Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008, and the Worker, Retiree and Employer Recovery Act of 2008.

Fiscal Impact:

None

Reviewed by:

d! )!/w.:t-t:-~ Steve Rath, City Manager

LM:js

Attachment:

2011 Restated Plan Document Initiative Resolution

2.011 Restated Plan Document Initiative 457 Governmental Plan &. Trust Explanation of Selected SUMtanti \Ie Changes

ARTICLE I

DeIInitJoDs

CompeDMtIOn (Section 1.07): Revised compeoaation definition to address final regulations issued under Section 415 tX the Internal Revenue Code (tre uI.R.C.'j .. Additionally, int.orporated diftim'mtial wa~ payments under the definition, which i& consi&le:Ot with the Heroes Earninp AS&i&Wlre and Relief Tax Act of 2008 (the "HEART Act'j.

D .. bullca to IncUridDalfllD tile Udonaed Ser9lees: Mare changes consi&t.ent with the HEART Act, which allow distributions 10 CEI'1ain individuals during periods tX uniformed service. (Section 1.28(c)(3».

ARTICLE 10

Deferral CoDtrlbutloDslLlmJtatlmul

Deferrals After Severaace from EmploymeDt, lDdadiog S~ VaaatloD, and Back Pay UDder aD Eligible PI.: Revi&ions ilr.Orporated to t'Atend the time period during which deferrals may occur after severance from empoyment ~ the final regulations i&s.ed under Sed.ion 415 of tre I.R.C. (Section 3.02(c».

ARTICLE IV

Emergency Tax Relief D .. bullca: New section added which i& designed 10 serve u a catdJall provision allowing distributions fmm the plan if legi&lation i& enacted following emer~y or cawtmpbic events (e.g., hurriCiU1e&, floods). Administrator can also establish pmcedures related 10 these distributions. (Section 4.01).

Ilecpdred MiDtmum Dlstrlbutlmul: A plan provision wu added 10 reflect the 2009 waiver period of R.MDs under the Warm, Retiree, and Emplo)'l'l' Recovery Act of 2008 ("WRERA'j. (Section 4.03(f)(1».

Elletble RoOOft!' DlstrlbllllOllS by a Non- SpoaIai 8eDe11dary: A p-ovision wu added to the plan reflecting Section 829 of the ~on Protection Act of 2006 (UPPA 'j, which requires pans 10 permit direct tdlovem by mn-apousai beneficiaries to inherited IRA& under certain conditions. (Section 4.07(c».

Eligible RoOOft!' DlstrlbllllOllS to a Roth IRA: Langua~ added to reflect. the ability of participants to direct mllovem 10 a Roth IRA under PP A Section 824. (Sed.iQn 4.a7( d)(2».

NRG-0133AO FOR PIAN SPONSORS Ol'lL V UPDATBD: 0212212011

Paje 1

-" .

Mandatary DlstrlJJatioDs for SmaD Ao:oants. A provision bas been added to make mandatory distributions of ina.cti ve accounts with less than $1,000. (Section 4.07(d)( 4».

DistributiOD r. QaallIIed Death IDsarance Premiums: New section added pursuant to PPA Section 845 and IRC 402(1), which allows a distribution ct $3,000 per year to '·e1igible l'd.iJ:ed public safd.y officers" to pay for uqualified health ins~e premiums" if certain conditions are mel This provision reflects the regulatory requirement that the plan make distributions directly to the qualified health insurance premium coverage p-ovider to qualify. (Section 4.08{a».

ARTICLE V

AdadJdstrative Sen1ees Pnmder Datles

Loaas: Loan provisiom are incorporated into the plan document, and is no IonlJ'lf a stand alone amendment to the plan. Including this provision daes mt require plans to offer loans. Plan sponsors wanting to offer loans must complt'te an administrative procedures document before Nalionwim will begin administering loans. This document is available upon request Plan sponsors who have already completed this step are not required to take any additional action at this time. (Section 5.03).

Proccdare When J.oeatiOll of PartJdput or Beaetldary UnknowD: New language added to Plan D~t p-oviding distribution pma:dures when the location of a participant or beneficiary is unkmwn. (Section 5.12(a)(b».

ARTICLE VI

Partldpmt AdmIDtstrative PnmsloDs

A Ukmadc RevoeaIIon of Spousal Beaetldary DeslgnaUoD: New st'rtion, which automatically revdres designations in favor of a former spouse as beneficiary upon a divorce or dissolution of marriage. Many states already have laws which takes this action with former SPOlSes. (St'rtion 6.01).

ARTiCLEVD

Use fI PlaIa _eta tIlal Are Not Attrlbatable to u Aeeo1mt: New section, which provides that Plan Sponsor sball direct the Administrator how to use money received by the Plan that is not related to an Acmunt Balance. 1bis would include any setIlement money, fee reimbursements, and litigation awarda received by the Plan. (Section 7.(9)

Retirement Specialists are RegisterEd R.epresentatives of Nationwide Inves1meD.t Services Corporation, member FlNRA

NRG-8U3AO FOR PLAN SPONSORS ONLY UPDATBD: 0212212011 ,.2

Pension Protection Act of 2006 The Act makes permanent the retirement-plan and IRA provisions of the Ecollomic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), most of which were due to sunset after 2010. Also, the Act makes sweeping changes to the private sector defined benefit system by:

• Imposing tougher funding requirements for well-funded and under-funded plans • Limiting future benefit increases for poorly funded plans • Providing benefit accrual safeguards for older participants in cash balance conversions • Legitimizing cash balance and hybrid defined benefit as viable plan designs going

forward.

HEART - Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008 Provides additional benefits to active duty military personnel and their families

• Inclusion of Differential Pay For Retirement plan Purposes. Differential pay is subject to federal income tax withholding.

• Withdrawal of Elective Deferrals and the 10% Early Distribution Tax • plan Death Benefit Requirements

• Increased Benefits • Rollover of Military Death Gratuities

Worker, Retiree and Employer Recovery Act of 2008 • Waiver of any required minimum distribution (RMD) for 2009

Retirement Specialists are Registered Representatives of Nationwide Investment Services Corporation, member FINRA

NRG-0134AO FOR PLAN SPONSORS ONLY

2/16/2011

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AMENDING THE NATIONWIDE RETIREMENT SOLUTIONS DEFERRED COMPENSATION PLAN

WHEREAS, there has been presented to the City Council of the City of Los Banos a proposal to amend the Nationwide Retirement Solutions Deferred Compensation Plan; and

WHEREAS, the City Council of the City of Los Banos desires to be in compliance with Internal Revenue Code (lRC) regulations.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby amend the Nationwide Retirement Solutions Deferred Compensation Plan attached as Exhibit A.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2011, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:

Michael Villa Ita, Mayor

ATTEST:


EXHIBIT A

CITY OF LOS BANOS (Name of Employer)

DEFERRED COMPENSATION PLAN FOR PUBLIC EMPLOYEES

457 GOVERNMENTAL PLAN AND TRUST

Document provided as a courtesy of:

N.tJC>hwld.~" .,RE!t.terTl,falJt $9J,y.~i(),F)$ :·O(fYOUt.Side~·

457 Governmental Plan and Trust

457 GOVERNMENTAL PLAN AND TRUST

The Employer adopts this 457 Governmental Plan and Trust. The Plan is intended to be an "eligible deferred compensation plan" as defined in Code §457(b) of the Internal Revenue Code of 1986 ("Eligible 457 Plan"). The Plan consists of the provisions set forth in this plan document and is applicable to the Employer and each Employee who elects to participate in the Plan. If the Employer adopts this Plan as a restated Plan in substitution for, and in amendment of, an existing plan, the provisions of this Plan, as a restated Plan, apply solely to an Employee on or after the execution of this Plan. The Plan is effective as' to each Employee upon the date he/she becomes a Participant by entering into and filing with the Employer or the Administrative Services Provider a Participation Agreement or an Acknowledgement Form/Card.

ARTICLE I DEFINITIONS

1.01 "Account" means the separate Account(s) which the Administrative Services Provider or the Trustee maintains under the Plan for a Participant's Deferred Compensation. The Administrative Services Provider or Trustee may establish separate Accounts for multiple Beneficiaries of a Participant to facilitate required minimum distributions under Section 4.03 based on each Beneficiary's life expectancy.

1.02 "Accounting Date" means the last day of the Plan Year.

1.03 "Acknowledgement Form/Card" means the application to the Administrative Services Provider to participate in the Plan when the Plan is a Social Security replacement plan.

1.04 "Administrative Services Provider" means Nationwide Retirement Solutions, Inc. which acts as the third party administrative services provider appointed by the Employer to carry out nondiscretionary administrative functions for the Plan.

1.05 "Beneficiary" means a person who the Plan or a Participant designates and who is or may become entitled to a Participant's Account upon the Participant's death. A Beneficiary who becomes entitled to a benefit under the Plan remains a Beneficiary under the Plan until the Beneficiary has received full distribution of his/her Plan benefit. A Beneficiary's right to (and the Administrative Services Provider's or a Trustee's duty to provide to the Beneficiary) information or data concerning the Plan does not arise until the Beneficiary first becomes entitled to receive a benefit under the Plan.

© Copyright 2010 SunGard

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1.06 "Code" means the Internal Revenue Code of 1986, as amended.

1.07 "Compensation" for purposes of allocating Deferral Contributions means the employee's wages, salaries, fees for professional services, and other amounts received without regard to whether or not an amount is paid in cash for personal services actually rendered in the course of employment with the Employer, to the extent that the amounts are includible in gross income (or to the extent amount would have been received and includible in gross income but for an election under Code §§ 125(a), 132(f)(4), 402(e)(3), 402(h)(1)(B), 402(k), and 457(b), including an election to defer Compensation under Article III. See Section 1.16 as to Compensation for an Independent Contractor. Compensation also includes any amount that the Internal Revenue Service in published guidance declares to constitute compensation for purposes of an Eligible 457 Plan.

(A) Elective Contributions. Compensation under Section 1.07 includes Elective Contributions. "Elective Contributions" are amounts excludible from the Employee's gross income under Code §§125, 132(f)(4), 402(e)(3), 402(h)(1)(B), 403(b), 408(p) or 457, and contributed by the Employer, at the Employee's election, to a cafeteria plan, a qualified transportation fringe benefit plan, a 401(k) arrangement, a SARSEP, a tax-sheltered annuity, a SIMPLE plan or a Code § 457 plan.

(B) Differential wage payments. For years beginning after December 31, 2008, (i) an individual receiving a differential wage payment, as defined by Code § 3401(h)(2), shall be treated as an employee of the employer making the payment; (ii) the differential wage payment shall be treated as compensation; and (iii) the plan will not be treated as failing to meet the requirements of any provision described in Code §414(u)(1)(C) by reason of any contribution or benefit which is based on the differential wage payment.

1.08 "Deferral Contributions" means Salary Reduction Contributions, Nonelective Contributions and Matching Contributions. The Employer or the Administrative Services Provider (if applicable) in applying the Code § 457(b) limit will take into account Deferral Contributions in the Taxable Year in which deferred. The Employer or Administrative Services Provider (if applicable) in determining the (j.mount of a Participant's Deferral Contributions disregards the net income, gain and loss attributable to Deferral Contributions.

1.09 "Deferred Compensation" means as to a Participant the amount of Deferral Contributions,

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Rollover Contributions and Transfers adjusted for allocable net income, gain or loss, in the Participant's Account.

1.10 "Effective Date" of this Plan is the date indicated on the execution line unless the Code, Treasury regulations, or other applicable guidance provides otherwise.

1.11 "Employee" means an individual who provides services for the Employer, as a common law employee of the Employer. See Section 1.16 regarding potential treatment of an Independent Contractor as an Employee.

1.12 "Employer" means an employer who adopts this Plan by executing the Plan.

1.l3 "Employer Contribution" Nonelective Contributions or Contributions.

means Matching

1.14 "Excess Deferrals" means Deferral Contributions to an Eligible 457 Plan for a Participant that exceed the Taxable Year maximum limitation of Code §§457(b) and (e)(IS).

1.15 "Includible Compensation" means, for the Employee's Taxable Year, the Employee's total Compensation within the meaning of Code § 415(c)(3) paid to an Employee for services rendered to the Employer. Includible Compensation includes Deferral Contributions under the Plan, compensation deferred under any other plan described in Code §457,and any amount excludible from the Employee's gross income under Code §§401(k), 403(b), 125 or l32(t)(4) or any other amount excludible from the Employee's gross income for Federal income tax purposes. The Employer will determine Includible Compensation without regard to community property laws.

1.16 "Independent Contractor" means any individual who performs service for the Employer and who the Employer does not treat as an Employee or a Leased Employee. The Employer may permit Independent Contractors to participate in the Plan. To the extent that the Employer permits Independent Contractor participation, references to Employee in the Plan include Independent Contractors and Compensation means the amounts the Employer pays to the Independent Contractor for services.

1.17 "Leased Employee" means an Employee within the meaning of Code § 414(n).

LIS "Matching Contribution" means an Employer fixed or discretionary contribution made or forfeiture allocated on account of Salary Reduction Contributions. The Employer may provide for matching contributions.

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1.19 "Nonelective Contribution" means an Employer fixed or discretionary contribution not made as a result of a Participation Agreement and which is not a Matching Contribution. The Employer may provide for nonelective contributions.

1.20 "Normal Retirement Age" means the age designated by the Participant unless the Employer designates in writing a Normal Retirement Age. The Normal Retirement Age designated by the Participant or Employer shall be no earlier than age 65 or the age at which Participants have the right to retire and receive, under the basic defined benefit pension plan of the Employer (or a money purchase plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan), immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age. The Normal Retirement Age also shall not exceed age 70Y>.

Special Rule for Eligible Plans of Qualified Police or Firefighters. A Participant who is a qualified police officer or firefighter as defined under Code §415(b)(2)(H)(ii)(I) may designate a Normal Retirement Age between age 40 and age 70 liz.

1.21 "Participant" is an Employee who elects to participate in the Plan in accordance with the provisions of Section 2.01 or an individual who has previously deferred Compensation under the Plan by a Participation Agreement and has not received a complete distribution ofhis/her Account.

1.22 "Participation Agreement" means the agreement to enroll and participate in the Plan that is completed by the Participant and provided to the Administrative Services Provider. The Participation Agreement is the agreement, by which the Employer reduces the Participant's Compensation for contribution to the Participant's Account.

1.23 "Plan" means the 457 plan established or continued by the Employer in the form of this Plan and (if applicable) Trust Agreement. All section references within the Plan are Plan section references unless the context clearly indicates otherwise.

1.24 "Plan Entry Date" means the date on which an Employee completes and files a Participation Agreement with the Administrative Services Provider.

1.25 "Plan Year" means the calendar year.

1.26 "Rollover Contribution" means the amount of cash or property which an eligible retirement plan described in Code §402( c )(S)(B) distributes to an eligible Employee or to a Participant in an eligible rollover distribution under Code §402(c)(4) and which the eligible Employee or Participant transfers directly or indirectly to an

Eligible 457 Plan. A Rollover Contribution includes net income, gain or loss attributable to the Rollover Contribution. A Rollover Contribution excludes after-tax Employee contributions, as adjusted for net income, gain or loss.

1.27 "Salary Reduction Contribution" means a contribution the Employer makes to the Plan pursuant to a Participation Agreement.

1.28 "Service" means any period of time the Employee is in the employ of the Employer. In the case of an Independent Contractor, Service means any period of time the Independent Contractor performs services for the Employer on an independent contractor basis. An Employee or Independent Contractor terminates Service upon incurring a Severance from Employment.

(A) QuaUfied Military Service. Service includes any qualified military service the Plan must credit for contributions and benefits in order to satisfy the crediting of Service requirements of Code §414(u). A Participant whose employment is interrupted by qualified military service under Code §414(u) or who is on a leave of absence for qualified military service under Code §414(u) may elect to make additional Salary Reduction Contributions upon resumption of employment with the Employer equal to the maximum Deferral Contributions that the Participant could have elected during that period if the Participant's employment with the Employer had continued (at the same level of Compensation) without the interruption of leave, reduced by the Deferral Contributions, if any, actually made for the Participant during the period of the interruption or leave. This right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave). The Employer shall make appropriate makeup Nonelective Contributions and Matching Contributions for such a Participant as required under Code §414(u). The Plan shall apply limitations of Article III to all Deferral Contributions under this paragraph with respect to the year to which the Deferral Contribution relates.

(B) "Continuous Service" means Service with the Employer during which the Employee does not incur a Severance from Employment.

(C) "Severance from Employment."

(1) Employee. An Employee has a Severance from Employment when the Employee ceases to be an Employee of the Employer. A Participant does not incur a Severance from Employment if, in connection with a change in employment, the Participant's new employer continues or assumes sponsorship of the Plan or accepts a Transfer of Plan assets as to the Participant.



(2) Independent Contractor. An Independent Contractor has a Severance from Employment when the contract(s) under which the Independent Contractor performs services for the Employer expires (or otherwise terminates), unless the Employer anticipates a renewal of the contractual relationship or the Independent Contractor becoming an Employee. The Employer anticipates renewal if it intends to contract for the services provided under the expired contract and neither the Employer nor the Independent Contractor has eliminated the Independent Contractor as a potential provider of such services under the new contract. Further, the Employer intends to contract for services conditioned only upon the Employer's need for the services provided under the expired contract or the Employer's availability of funds. Notwithstanding the preceding provisions of this Section 1.28, the Administrative Services Provider will consider an Independent Contractor to have incurred a Severance from Employment: (a) if the Administrative Services Provider or Trustee will not pay any Deferred Compensation to an Independent Contractor who is a Participant before a date which is at least twelve months after the expiration of the Independent Contractor's contract (or the last to expire of such contracts) to render Services to the Employer; and (b) if before the applicable twelve-month payment date, the Independent Contractor performs Service as an Independent Contractor or as an Employee, the Administrative Services Provider or Trustee will not pay to the Independent Contractor his/her Deferred Compensation on the applicable date.

(3) Uniformed Services. for purposes of distributions to an individual in the uniformed services, such individual will be treated as incurring a Severance from Employment during any period the individual is performing service in the uniformed services described in Code § 3401 (h)(2)(A). However, the plan will not distribute the benefit to such an individual without that individual's consent, so long as the individual is receiving differential wage payments.

If an individual elects to receive a distribution under this provision, the individual may not make an elective deferral or employee contribution during the 6-month period beginning on the date of the distribution.

1.29 "State" means (a) one of the 50 states of the United States or the District of Columbia, or (b) a political subdivision of a State, or any agency or instrumentality of a State or its political subdivision. A State does not include the federal government or any agency or instrumentality thereof.

1.30 "Taxable Year" means the calendar year or other taxable year of a Participant.

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457 Governmental Plan and Tl"lIst

1.31 "Transfer" means a transfer of Eligible 457 Plan assets to another Eligible 457 Plan which is not a Rollover Contribution and which is made in accordance with Section 9.03.

1.32 "Trust" means the Trust created under the adopting Employer's Plan. The Trust created and established under the adopting Employer's Plan is a separate Trust, independent of the trust of any other Employer adopting this Eligible 457 Plan and is subject to Article VIII.

1.33 "Trustee" means the person or persons designated by the Employer to serve in the position of Trustee.

ARTICLE II PARTICIPATION IN PLAN

2.01 ELIGIBILITY. Each Employee becomes a Participant in the Plan as soon as he/she completes and files a Participation Agreement. If this Plan is a restated Plan, each Employee who was a Participant in the Plan on the day before the Effective Date continues as a Participant in the Plan.

2.02 PARTICIPATION UPON RE-EMPLOYMENT. A Participant who incurs a Severance from Employment will re-enter the Plan as a Participant on the date of his/her re-employment.

2.03 SPECIAL ELIGIBILITY PROVISIONS FOR PARTICIPANTS IN A PLAN USED AS A SOCIAL SECURITY REPLACEMENT PLAN. Notwithstanding any provision to the contrary, the provisions of this Section 2.03 will apply if the Employer elects in a written agreement with the Administrative Services Provider to use the Plan as a Social Security replacement plan. If the Plan is used as a Social Security replacement plan, the provisions of Sections 4.05(a) and 5.03 will not apply.

(A) Eligibility to participate for new Employees. A new Employee shall, as a condition of employment participate in the Plan sign and file with the Administrative Services Provider an Acknowledgement Form/Card and thereby consenting to a reduction of salary by the amount of the Deferral Contribution specified in the Acknowledgement Form/Card. Contributions to the Participant's Account must equal at least 7.5% of the Participant's Compensation, or such other minimum amount as shall be required for the Plan to be considered a retirement system under Code §3121(b)(7)(F) and Treas. Reg. 31.3121(b)(7)-2, and the reduction in the Participant's salary shall begin immediately thereafter.

(B) Eligibility to participate for current Employees. An Employee who is newly eligible to participate in the Plan shall, prior to becoming eligible to participate in the Plan, sign and file with

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the Administrative Services Provider an Acknowledgement Form/Card and thereby consent to a reduction of salary by the amount of the Deferral Contribution specified in the Acknowledgement Form/Card. Allocations to the Participant's Account must equal at least 7.5% of the Participant's Compensation or such other minimum amount as shall be required for the Plan to be considered a retirement system under Code §3121(b )(7)(F) and Treas. Reg. §31.3121(b )(7)-2, and the reduction in the Participant's salary shall begin no earlier than the first pay period commencing during the first month after the date on which the Acknowledgement Form/Card is filed with the Administrative Services Provider.

(C) Takeover Plans. If the Plan is a restated Plan, an Employee who participated in the predecessor plan shall become a Participant in the Plan upon the Employer's execution of the enabling documents for this Plan. Allocations to each such Participant's Account must equal at least 7.5% of the Participant's Compensation, or such other minimum amount as shall be required for the Plan to be considered a retirement system under Code §3121(b)(7)(F) and Treas. Reg. §31.3121(b)(7)-2, and the reduction in the Participant's salary shall begin immediately thereafter.

ARTICLE III DEFERRAL CONTRIBUTIONS/LIMITATIONS

3.01 AMOUNT.

(A) Contribution Formula. For each Plan Year, the Employer will contribute to the Plan the amount of Deferral Contributions the Employee elects to defer under the Plan.

(B) Return of Contributions. The Employer contributes to this Plan on the condition its contribution is not due to a mistake of fact. If any Participant Salary Reduction Contribution is due to a mistake of fact, the Employer or the Trustee upon written request from the Employer will return the Participant's contribution, within one year after payment of the contribution.

The Trustee may require the Employer to furnish it whatever evidence the Trustee deems necessary to enable the Trustee to confirm the amount the Employer has requested be returned is properly returnable.

(C) Time of Payment of Contribution. An Employer will deposit Salary Reduction Contributions to the Trust within a period that is not longer than is reasonable for the administration of Participant Accounts. Neither the Administrative Services Provider nor the Trustee is responsible for the delay of deposits of Salary Reduction Contributions caused by the Employer.

3.02 SALARY REDUCTION CONTRIBUTIONS. The Plan does not apply any limitations on Salary Reduction Contributions other than the limitations applicable under the Code.

(A) Deferral from Sick, Vacation and Back Pay. Participants may make Salary Reduction Contributions from accumulated sick pay, from accumulated vacation payor from back pay.

(B) Application to Leave of Absence and Disability. The Participation Agreement will continue to apply during the Participant's leave of absence or the Participant's disability (as the Employer shall establish), if the Participant has Compensation other than imputed compensation or disability benefits.

(C) Post-severance deferrals limited to PostSeverance Compensation. Deferral Contributions are permitted from an amount received following Severance from Employment only if the amount is Post-Severance Compensation.

Post-Severance Compensation defined. PostSeverance Compensation includes the amounts described in (1) and (2) below, paid after a Participant's Severance from Employment with the Employer, but only to the extent such amounts are paid by the later of 2Yz months after Severance from Employment or the end of the calendar year that includes the date of such Severance from Employment.

(1) Regular pay. Post-Severance Compensation includes regular pay after Severance of Employment if: (i) the payment is regular compensation for services during the Participant's regular working hours, or compensation for services outside the. Participant's regular working hours (such as overtime or shift differential), commissions, bonuses, or other similar payments; and (ii) the payment would have been paid to the Participant prior to a Severance from Employment if the Participant had continued in employment with the Employer.

(2) Leave cashouts. Post-Severance Compensation includes leave cashouts if those amounts would have been included in the definition of Compensation if they were paid prior to the Participant's Severance from Employment, and the amounts are payment for unused accrued bona fide sick, vacation, or other leave, but only if the Participant would have been able to use the leave if employment had continued.

(3) Salary continuation payments for military service Participants. Post-Severance Compensation includes payments to an individual who does not currently perform services for the Employer by



reason of Qualified Military Service (as described in Code §414(u)(I» to the extent those payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the Employer rather than entering Qualified Military Service.

Limitation on Post-Severance Compensation. Any payment of Compensation paid after Severance of Employment that is not described in Section 3.02(C)(1) or 3.02(C)(2) is not Post-Severance Compensation, even if payment is made by the later of 2Yz months after Severance from Employment or by the end of the calendar year that includes the date of such Severance of Employment.

3.03 NORMAL LIMITATION. Except as provided in Sections 3.04 and 3.05, a Participant's maximum Deferral Contributions (excluding Rollover Contributions and Transfers) under this Plan for a Taxable Year may not exceed the lesser of:

(a) The applicable dollar amount as specified under Code §457(e)(15) (or, beginning January 1, 2006) such larger amount as the Commissioner of the Internal Revenue may prescribe), or

(b) 100% of the Participant's Includible Compensation for the Taxable Year.

3.04 NORMAL RETIREMENT AGE CATCH-UP CONTRIBUTION. For one or more of the Participant's last three Taxable Years ending before the Taxable Year in which the Participant attains Normal Retirement Age, the Participant's maximum Deferral Contributions may not exceed the lesser of:

(a) Twice the dollar amount under Section 3.03 normal limitation, or (b) the underutilized limitation.

(A) Underutilized Limitation. A Participant's underutilized limitation is equal to the sum of: (i) the normal limitation for the Taxable Year, and (ii) the normal limitation for each of the prior Taxable Years of the Participant commencing after 1978 during which the Participant was eligible to participate in the Plan and the Participant's Deferral Contributions were subject to the normal limitation or any other Code § 457(b) limit, less the amount of Deferral Contributions for each such prior Taxable Year, excluding age 50 catch-up contributions.

(B) Multiple 457 Plans. If the Employer maintains more than one Eligible 457 Plan, the Plans may not permit any Participant to have more than one Normal Retirement Age under the Plans.

(C) Pre-2002 Participant's

Coordination. underutilized

In determining a limitation, the

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457 Govemmental Plan and Trust

coordination rule in effect under now repealed Code §457(c)(2) applies. Additionally, the normal limitation for pre-2002 Taxable Years is applied in accordance with Code § 457(b)(2) as then in effect.

3.05 AGE 50 CATCH-UP CONTRIBUTION. All Employees who are eligible to make Salary Reduction Contributions under this Plan and who have attained age 50 before the close of the Taxable Year are eligible to make age 50 catchup contributions for that Taxable Year in accordance with, and subject to the limitations of, Code § 414(v). Such catch-up contributions are not taken into account for purposes of the provisions of the plan implementing the required limitations of Code § 457. If, for a Taxable Year, an Employee makes a catchup contribution under Section 3.04, the Employee is not eligible to make age 50 catch-up contributions under this Section 3.05. A catch-up eligible Participant in each Taxable Year is entitled to the greater of the amount determined under Section 3.04 or Section 3.05 catch-up amount plus the Section 3.03 normal limitation.

3.06 CONTRIBUTION ALLOCATION. The Administrative Services Provider will allocate to each Participant's Account his/her Deferral Contributions.

3.07 ALLOCATION CONDITIONS. The Plan does not impose any allocation conditions.

3.08 ROLLOVER CONTRIBUTIONS. The Plan permits Rollover Contributions.

(A) Operational Administration. The Employer, operationally and on a nondiscriminatory basis, may elect to permit or not to permit Rollover Contributions to this Plan or may elect to limit an eligible Employee's right or a Participant's right to make a Rollover Contribution. If the Employer permits Rollover Contributions, any Participant (or as applicable, any eligible Employee), with the Employer's written consent and after filing with the Trustee the form prescribed by the Administrative Services Provider, may make a Rollover Contribution to the Trust. Before accepting a Rollover Contribution, the Trustee may require a Participant (or eligible Employee) to furnish satisfactory evidence the proposed transfer is in fact a "Rollover Contribution" which the Code permits an employee to make to an eligible retirement plan. The Trustee, in its sole discretion, may decline to accept a Rollover Contribution of property which could: (1) generate unrelated business taxable income; (2) create difficulty or undue expense in storage, safekeeping or valuation; or (3) create other practical problems for the Trust.

(B) Pre-Participation Rollover. If an eligible Employee makes a Rollover Contribution to the Trust prior to satisfying the Plan's eligibility conditions,

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.,

the Administrative Services Provider and Trustee must treat the Employee as a limited Participant (as described in Rev. Rul. 96-48 or in any successor ruling). If a limited Participant has a Severance from Employment prior to becoming a Participant in the Plan, the Trustee will distribute his/her Rollover Contributions Account to the limited Participant in accordance with Article IV.

(C) Separate Accounting. If an Employer permits Rollover Contributions, the Administrative Services Provider must account separately for: (1) amounts rolled into this Plan from an eligible retirement plan (other than from another Eligible 457 plan); and (2) amounts rolled into this Plan from another Eligible 457 Plan. The Administrative Services Provider for purposes of ordering any subsequent distribution from this Plan may designate a distribution from a Participant's Rollover Contributions as coming first from either of (1) or (2) above if the Participant has both types of Rollover Contribution Accounts.

3.09 DISTRIBUTION OF EXCESS DEFERRALS. In the event that a Participant has Excess Deferrals, the Plan will distribute to the Participant the Excess Deferrals and allocable net income, gain or loss, in accordance with this Section 3.09.

The Administrative Services Provider will distribute Excess Deferrals from an Eligible 457 Plan as soon as is reasonably practicable following the Administrative Services Provider's or Employer's determination of the amount of the Excess Deferral.

(A) Plan Aggregation. If the Employer maintains more than one Eligible 457 Plan, the Employer must aggregate all such Plans in determining whether any Participant has Excess Deferrals.

(B) Individual Limitation. If a Participant participates in another Eligible 457 Plan maintained by a different employer, and the Participant has Excess Deferrals, the Administrative Services Provider may, but is not required, to correct the Excess Deferrals by making a corrective distribution from this Plan.

3.10 DOLLAR LIMITS. The table below shows the applicable dollar amounts described in paragraph 3.03(a) and limitations on age 50 catch-up contributions described in Section 3.05. These amounts are adjusted after 2006 for changes in the cost-of-living to the extent permitted in Code § 415(d).

Year

2002 2003 2004 2005 2006

4.01

Applicable Age 50+ Catch-up Dollar Contribution

Amount Limitation $11,000 $1,000 $12,000 $2,000 $l3,000 $3,000 $14,000 $4,000 $15,000 $5,000

ARTICLE IV TIME AND METHOD OF PAYMENT OF BENEFITS

DISTRIBUTION RESTRICTIONS. Except as the Plan provides otherwise, the Administrative Services Provider or Trustee may not distribute to a Participant his/her Account prior to the Participant's Severance from Employment, or such other event for which federal legislation is enacted or regulatory relief granted permitting the Plan to make distributions to qualifying Participants.

(A) Distribution of Rollover Contributions. To the extent the Employer permits Rollover Contributions (but not Transfers) to this Plan, a Participant may receive a distribution of such Rollover Contributions without regard to the restrictions found in this Section 4.01.

4.02 TIME AND METHOD OF PAYMENT OF ACCOUNT. The Administrative Services Provider, or Trustee at the direction of the Administrative Services Provider, will distribute to a Participant who has incurred a Severance from Employment the Participant's Account under one or any combination of payment methods elected by the Participant. The Participant may elect one of the following methods of payment: (I) lump sum payment, (2) partial lump sum payment, (3) installment, or (4) an annuity. In no event will the Administrative Services Provider direct (or direct the Trustee to commence) distribution, nor will the Participant elect to have distribution commence, later than the Participant's required beginning date, or under a method that does not satisfy Section 4.03.

Subject to any restrictions imposed by the Participant's investment providers and the Administrative Services Provider, the Participant: (I) may elect to commence distribution no earlier than is administratively practical following Severance from Employment; (2) may elect to postpone distribution of his/her Account to any fixed or determinable date including, but not beyond, the Participant's required beginning date; and (3) may elect the method of payment. A Participant may elect the timing and method of payment of his/her Account no later than 30 days before the date the Participant first would be


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eligible to commence payment of the Participant's Account. The Administrative Services Provider must furnish to the Participant a form for the Participant to elect the time and a method of payment.

4.03 REOUIRED MINIMUM DISTRIBUTIONS. The Administrative Services Provider may not distribute nor direct the Trustee to distribute the Participant's Account, nor may the Participant elect any distribution his/her Account, under a method of payment which, as of the required beginning date, does not satisfy the minimum distribution requirements of Code § 401(a)(9) or which is not consistent with applicable Treasury regulations.

(A) General Rules.

(I) Precedence. The requirements of this Section 4.03 will take precedence over any inconsistent provisions ofthe Plan.

(2) Requirements of Treasury Regulations Incorporated. All distributions required under this Section 4.03 will be determined and made in accordance with the Treasury regulations under Code § 401(a)(9).

(B) Time and Manner of Distribution

(1) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's required beginning date.

(2) Death of Participant Before Distribution Begins. If the Participant dies before distributions begin, the Participant's entire interest will be distributed, or begin to be distributed, no later than as follows:

(a) Spouse Designated Beneficiary. If the Participant's surviving spouse is the Participant's sole designated Beneficiary, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the Participant dies, or by December 31 of the calendar year in which the Participant would have attained age 70Yz, iflater.

(b) Non-Spouse Designated Beneficiary. If the Participant's surviving spouse is not the Participant's sole designated Beneficiary, then, distributions to the designated Beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the Participant died.

(c) No Designated Beneficiary. If there is no designated Beneficiary as of September 30 of the year following the year of the Participant's death, the Participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the Participant's death.

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(d) Death of Spouse. If the Participant's surviving spouse is the Participant's sole designated Beneficiary and the surviving spouse dies after the Participant but before distributions to the surviving spouse 'begin, this Section 4.03(B)(2) other than Section 4.03(B)(2)(a), will apply as if the surviving spouse were the Participant.

For purposes of this Section 4.03(B) and Section 4.03(D), unless Section 4.03 (B)(2)(d) applies, distributions are considered to begin on the Participant's required beginning date. If Section 4.03(B)(2)(d) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under Section 4.03(B)(2)(a). If distributions under an annuity purchased from an insurance company irrevocably commence to the Participant before the Participant's required beginning date (or to the Participant's surviving spouse before the date distributions are required to begin to the surviving spouse under Section 4.03(B)(2)(a), the date distributions are considered to begin is the date distributions actually commence.

(3) Forms of Distribution. Unless the Participant's interest is distributed in the form of an annuity purchased from an insurance company or in a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with Sections 4.03(C) and 4.03(D). If the Participant's interest is distributed in the form of an annuity purchased from an insurance company, distributions thereunder will be made in accordance with the requirements of Section 4.01(a)(9) of the Code and the Treasury regulations.

(C) Required Minimum Distributions during Participant's Lifetime.

(1) Amount of Required Minimum Distribution for Each Distribution Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of:

(a) UL T. The quotient obtained by dividing the Participant's account balance by the number in the Uniform Life Table set forth in Treas. Reg. §1.401(a)(9)-9, using the Participant's attained age as of the Participant's birthday in the distribution calendar year; or

(b) Younger Spouse. If the Participant's sole designated Beneficiary for the distribution calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's account balance by the number in the Joint and Last Survivor Table set forth in Treas. Reg. §1.401(a)(9)-9, using the Participant's and spouse's attained ages as of the Participant's and spouse's birthdays in the distribution calendar year.

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(2) Lifetime Required Minimum Distributions Continue Through Year of Participant's Death. Required mlllimum distributions will be determined under this Section 4.03(C) beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the Participant's date of death.

(D) Required Minimum Distributions after Participant's Death.

(1) Death On or After Distributions Begin.

(a) Participant Survived by Designated Beneficiary. If the Participant dies on or after the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for the distribution calendar year of the Participant's death is obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant. The Participant's remaining life expectancy is calculated using the attained age of the Participant as of the Participant's birthday in the calendar year of death. For each distribution calendar year after the year of the Participant's death, the minimum amount that will be distributed is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary.

(b) No Designated Beneficiarv. If the Participant dies on or after the date distributions begin and there is no designated Beneficiary as of September 30 of the calendar year after the calendar year of the Participant's death, the minimum amount that will be distributed for each distribution calendar year after the calendar year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the Participant's remaining life expectancy calculated using the attained age of the Participant as of the Participant's birthday in the calendar year of death, reduced by one for each subsequent calendar year.

(2) Death before Date Distributions Begin.

(a) Participant Survived by Designated Beneficiary. If the Participant dies before the date distributions begin and there is a designated Beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the Participant's death is the quotient obtained by dividing the Participant's account balance by the remaining life expectancy of the Participant's designated Beneficiary, determined as provided in Section 4.03(D)(1).

(b) No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no designated Beneficiary as of September 30 of the year following the year of the

..

Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death.

(c) Death of Surviving Spouse Before Distributions to Surviving Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under Section 4.03(B)(2)(a), this Section 4.03(D)(2) will apply as if the surviving spouse were the Participant.

(E) Definitions

(I) Designated Beneficiary. The individual who is designated as the Beneficiary under the Plan and is the designated beneficiary under Code §401(a)(9) and Treas. Reg. §1.401(a)(9)-I, Q&A-4.

(2) Distribution calendar year. A distribution calendar year means a calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which the distributions are required to begin under Section 4.03(B)(2). The required minimum distribution for the Participant's first distribution calendar year will be made on or before the Participant's required beginning date. The required minimum distribution for other distribution calend\lr years, including the required minimum distribution for the distribution calendar year in which the Participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year.

(3) Life expectancy. Life expectancy as computed by use of the Single Life Table in Treas. Reg. § 1.401(a)(9)-9.

(4) Participant's account balance. The account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The account balance for the valuation calendar year includes any Rollover Contributions or Transfers to the Plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year.

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(5) Required beginning date. A Participant's required beginning date is the April 1 of the calendar year following the later of: (1) the calendar year in which the Participant attains age 70Yz, or (2) the calendar year in which the Participant retires or such other date under Code § 401(a)(9) by which required minimum distributions must commence.

(F) General 2009 waiver. The requirements of Code § 401(a)(9) and the provisions of the Plan relating thereto, will not apply for the distribution calendar year 2009.

(I) Special rule regarding waiver period. For purposes of Code § 401(a)(9) and the provisions of the Plan relating thereto: (a) the required beginning date with respect to any individual will be determined without regard to this Article IV for purposes of applying Code § 401(a)(9) for distribution calendar years other than 2009; and (b) if the 5-year rule of Code § 401(a)(9)(B)(ii) applies, the 5-year period described therein shall be determined without regard to calendar year 2009.

(2) Eligible rollover distributions. If all or any portion of a distribution during 2009 is treated as an eligible rollover distribution but would not be so treated if the minimum distribution requirements under Code § 401(a)(9) had applied during 2009, then the Plan will not treat such distribution as an eligible rollover distribution for purposes ofthe direct rollover rules of Code § 401(a)(31), the notice requirements of Code §402(f), or the 20% withholding requirement of Code §3405( c).

(3) Participant may elect. The Plan will permit an affected Participant to elect whether to receive his/her RMD distribution for 2009. If the Participant fails to notify the Administrative Services Provider of his/her waiver, the Plan will distribute the 2009 RMD to the Participant.

4.04 DEATH BENEFITS. Upon the death of the Participant, the Administrative Services Provider must payor direct the Trustee to pay the Participant's Account in accordance with Section 4.03. Subject to Section 4.03, a Beneficiary may elect the timing and method of payment in the same manner as a Participant may elect under Section 4.02, if such elections apply.

In the case of a death occurring on or after January 1, 2007, if a participant dies while performing qualified military service (as defined in Code § 414(u», the survivors of the Participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan as if the participant had resumed and then terminated employment on account of death.

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457 Governmental Plan and Tl'Ust

4.05 DISTRIBUTIONS PRIOR TO SEVERANCE FROM EMPLOYMENT. Notwithstanding the Section 4.01 distribution restrictions, the Plan permits the following in-service distributions in accordance with this Section.

(A) Unforeseeable Emergency. In the event of a Participant's unforeseeable emergency, the Administrative Services Provider may make a distribution to a Participant who has not incurred a Severance from Employment.

An unforeseeable emergency is a severe financial hardship of a Participant or Beneficiary resulting from: (1) illness or accident of the Participant, the Participant's Beneficiary, or the Participant's spouse or dependent (as defined in Code § 152, and, for taxable years beginning on or after January 1,2005, without regard to Code § 152(b)(l), (b)(2), and (d)(1)(B)); (2) loss of the Participant's or Beneficiary's property due to casualty; (3) the need to pay for the funeral expenses of the Participant's spouse Or dependent (as defined in Code § 152, and, for taxable years beginning on or after January 1, 2005, without regard to Code § 152(b)(1), (b)(2), and (d)(I)(B)); or (4) other similar extraordinary and unforeseeable circumstances arising from events beyond the Participant's or Beneficiary's control. The Administrative Services Provider will not pay the Participant or the Beneficiary more than the amount reasonably necessary to satisfY the emergency need, which may include amounts necessary to pay taxes or penalties on the distribution. The Administrative Services Provider will not make payment to the extent the Participant or Beneficiary may relieve the financial hardship by cessation of deferrals under the Plan, through insurance or other reimbursement, or by liquidation of the individual's assets to the extent such liquidation would not cause severe financial hardship.

The Participant's Beneficiary is a person who a Participant designates as a "primary beneficiary" and who is or may become entitled to a Participant's Plan account upon the Participant's death.

A Participant's unforeseeable emergency event includes a severe financial hardship of the participant's primary Beneficiary under the Plan, that would constitute an emergency event if it occurred with respect to the participant's spouse or dependent as defined under Code § 152.

(B) De minimis distribution. A Participant may elect to receive a distribution of his/her Account where: (1) the Participant's Account (disregarding Rollover Contributions) does not exceed $5,000 (or such other amount as does not exceed the Code § 411(a)(II)(A) dollar amount); (2) the Participant has not made or received an allocation of any Deferral Contributions under the Plan during the two-year period ending on the date of distribution; and (3) the

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Participant has not received a prior distribution under this Section 4.05(B).

(C) Distribution of Rollover Contributions. A Participant may request and receive distribution of his/her Account attributable to Rollover Contributions (but not to Transfers) before the Participant has a distributable event under Section 4.01.

4.06 DISTRIBUTIONS UNDER OUALIFIED DOMESTIC RELATIONS ORDERS (QDROs). Notwithstanding any other provision of this Plan, the QDRO provisions will apply. The Administrative Services Provider (and any Trustee) must comply with the terms of a QDRO, as defined in Code § 414(p), which is issued with respect to the Plan.

(A) Time and Method of Payment. This Plan specifically permits distribution to an alternate payee under a QDRO at any time, notwithstanding any contrary Plan provision and irrespective of whether the Participant has attained his/her earliest retirement age (as defined under Code § 414(p)) under the Plan. Nothing in this Section 4.06 gives a Participant a right to receive distribution at a time the Plan otherwise does not permit nor authorizes the alternate payee to receive a form of payment the Plan does not permit.

(B) QDRO Procedures. Upon receiving a domestic relations order, the Administrative Services Provider promptly will notifY the Participant and any alternate payee named in the order, in writing, of the receipt of the order and the Plan's procedures for determining the qualified status of the order. Within a reasonable period of time after receiving the domestic relations order, the Administrative Services Provider must determine the qualified status of the order and must notifY the Participant and each alternate payee, in writing, of the Administrative Services Provider's determination. The Administrative Services Provider must provide notice under this paragraph by mailing to the individual's address specified in the domestic relations order.

(C) Accounting. If any portion of the Participant's Account Balance is payable under the domestic relations order during the period the Administrative Services Provider is making its determination of the qualified status of the domestic relations order, the Administrative Services Provider may maintain a separate accounting of the amounts payable. If the Administrative Services Provider determines the order is a QDRO within 18 months of the date amounts first are payable following receipt of the domestic relations order, the Administrative Services Provider will distribute or will direct the Trustee to distribute the payable amounts in accordance with the QDRO. Ifthe Administrative Services Provider does not make its determination of the qualified status of the order within the 18-month determination period,

the Administrative Services Provider will distribute or will direct the Trustee to distribute the payable amounts in the manner the Plan would distribute if the order did not exist and will apply the order prospectively if the Administrative Services Provider later determines the order is a QDRO.

To the extent it is not inconsistent with the provisions of the QDRO, the Administrative Services Provider may segregate or may direct the Trustee to segregate the QDRO amount in a segregated investment account. The Administrative Services Provider or Trustee will make any payments or distributions required under this Section 4.06 by separate benefit checks or other separate distribution to the alternate payee(s).

(D) Permissible QDROs. A domestic relations order that otherwise satisfies the requirements for a qualified domestic relations order ("QDRO") will not fail to be a QDRO: (i) solely because the order is issued after, or revises, another domestic relations order or QDRO; or (ii) solely because of the time at which the order is issued, including issuance after the annuity starting date or after the participant's death.

4.07 DIRECT ROLLOVER OF ELIGIBLE ROLLOVER DISTRIBUTIONS GOVERN-MENTAL PLAN.

(A) Participant Election. A Participant (including for this purpose, a former Employee) may elect, at the time and in the manner the Administrative Services Provider prescribes, to. have any portion of his/her eligible rollover distribution from the Plan paid directly to an eligible retirement plan specified by the Participant in a direct rollover election. For purposes of this election, a "Participant" includes as to their respective interests, a Participant's surviving spouse and the Participant's spouse or former spouse who is an alternate payee under a QDRO.

(B) Rollover and Withholding Notice. At least 30 days and not more than 180 days prior to the Trustee's distribution of an eligible rollover distribution, the Administrative Services Provider must provide a written notice (including a summary notice as permitted under applicable Treasury regulations) explaining to the distributee the rollover option, the applicability of mandatory 20% federal withholding to any amount not directly rolled over, and the recipient's right to roll over within 60 days after the date of receipt of the distribution ("rollover notice").

(C) Non-spouse Beneficiary rollover right. A nonspouse Beneficiary who is a "designated beneficiary" under Code § 40 1 (a)(9)(E) and the regulations thereunder, by a direct trustee-to-trustee transfer ("direct rollover"), may roll over all or any portion of his/her distribution to an individual retirement account the Beneficiary establishes for purposes of


.,


receiving the distribution. In order to be able to roll over the distribution, the distribution otherwise must satisfy the definition of an eligible rollover distribution.

(1) Certain requirements not applicable. Although a non-spouse Beneficiary may roll over directly a distribution, commencing with distributions after December 31, 2009, the distribution will be subject to the direct rollover requirements of Code § 401(a)(31) (including the automatic rollover provisions of Code § 401(a)(31)(B)), the notice requirements of Code § 402(f) and the mandatory withholding requirements of Code § 3405(c). If a non-spouse Beneficiary receives a distribution from the Plan, the distribution is not eligible for a "60-day" rollover.

(2) Trust Beneficiary. If the participant's named Beneficiary is a trust, the Plan may make a direct rollover to an individual retirement account on behalf of the trust, provided the trust satisfies the requirements to be a designated beneficiary within the meaning of Code § 401(a)(9)(E).

(3) Required minimum distributions not eligible for rollover. A non-spouse Beneficiary may not roll over an amount which is a required minimum distribution, as determined under applicable Treasury regulations and other Revenue Service guidance. If the participant dies before his/her required beginning date and the non-spouse Beneficiary rolls over to an IRA the maximum amount eligible for rollover, the Beneficiary may elect to use either the 5-year rule or the life expectancy rule, pursuant to Treas. Reg. § 1.40 1 (a)(9)-3, A-4(c), in determining the required minimum distributions from the IRA that receives the non-spouse Beneficiary's distribution.

(D) Definitions. The following definitions apply to this Section:

(1) Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of a Participant's Account, except an eligible rollover distribution does not include: (a) any distribution which is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Participant or the joint lives (or joint life expectancies) of the Participant and the Participant's designated Beneficiary, or for a specified period of ten years or more; (b) any Code § 401(a)(9) required minimum distribution; (c) any unforeseeable emergency distribution; and (d) any distribution which otherwise would be an eligible rollover distribution, but where the total distributions to the Participant during that calendar year are reasomibly expected to be less than $200.

(2) Eligible retirement plan. An eligible retirement plan: is an individual retirement account

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described in Code § 408(a), an individual retirement annuity described in Code § 408(b), an annuity plan described in Code § 403(a), a qualified plan described in Code § 401(a), an annuity contract (or custodial agreement) described in Code § 403(b), or an eligible deferred compensation plan described in Code § 457(b) and maintained by an Employer described in Code § 457(e)(1)(A), which accepts the Participant's, the Participant's spouse or alternate payee's eligible rollover distribution. For distributions made after December 31, 2007, a Participant or Beneficiary may elect to roll over directly an eligible rollover distribution to a Roth IRA described in Code § 408A(b).

(3) Direct rollover. A direct rollover is a payment by the Plan to the eligible retirement plan specified by the distributee.

(4) Mandatory distribution. The Administrative Services Provider is directed to make a mandatory distribution, which is an eligible rollover distribution, without the Participant's consent provided that the Participant's Account is less than $1,000. A distribution to a Beneficiary is not a mandatory distribution.

(5) 401(a)(31)(B) Effective Date. The § 401(a)(31)(B) Effective Date is the date of the close of the first regular legislative session of the legislative body with the authority to amend the Plan that begins on or after January 1,2006.

4.08 ELECTION TO DEDUCT FROM DISTRIBUTION. For distributions in taxable years beginning after December 31, 2006, an Eligible Retired Public Safety Officer may elect annually for that taxable year to have the Plan deduct an amount from a distribution which the Eligible Retired Public Safety Officer otherwise would receive and include in income. The plan will pay such deducted amounts directly to the provider as described in Section 4.08(A).

(A) Direct payment. The Plan will pay directly to the provider of the accident or health insurance plan or qualified long-term care insurance contract the amounts the Eligible Retired Public Safety Officer has elected to have deducted from the distribution. Such amounts may not exceed the lesser of $3,000 or the amount the Participant paid for such taxable year for qualified healthcare premiums, and which otherwise complies with Code § 402(1).

(B) Definitions.

(1) Eligible retired public safety officer. An "Eligible Retired Public Safety Officer" is an individual who, by reason of disability or attainment of normal retirement age, has experienced a Severance from Employment as a Public Safety Officer with the Employer.

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.,

(2) Public safety officer. A "Public Safety Officer" has the same meaning as in § 1204(9)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3796b(9)(A».

(3) Qualified health insurance premiums. The term "qualified health insurance premiums" means premiums for coverage for the Eligible Retired Public Safety Officer, his/her spouse, and dependents, by an accident or health plan or qualified long-term care insurance contract (as defined in Code § 7702B(b».

ARTICLE V ADMINISTRATIVE SERVICES PROVIDER

DUTIES

5.01 TERM / VACANCY. The Administrative Services Provider will serve until his/her successor is appointed. In case the Employer has not appointed a successor Administrative Services Provider, the Employer will exercise any and all duties of the Administrative Services Provider pending the filling of the vacancy.

5.02 DUTIES. The Administrative Services Provider will have the following duties:

(a) To create administrative forms necessary for the proper and efficient administration of the Plan provided the forms are not inconsistent with the terms of the Plan;

(b) To enforce the terms of the Plan and its procedures, including this document and such other documents related to the Plan's operation;

(c) To make, at the direction of the Participant or Beneficiary or pursuant to Section 4.07(D)( 4), distributions of an Account;

(d) To review in accordance with the Plan's procedures respecting a claim for (or denial of a claim for) a benefit under the Plan;

(e) To furnish the Employer with information which the Employer may require for tax or other purposes;

(f) To make distributions on account of unforeseeable emergency in accordance with the Plan's procedures;

(g) To accept Deferral Contributions, Employer Contributions, and Rollover Contributions;

(h) To accept Transfers;

(i) To accept Participant or, in the case of a deceased Participant, Beneficiary direction of investment;

U) To comply with any reporting and disclosure rules applicable to the Plan;

(k) To make loans to Participants if elected by the Employer;

(I) To appoint agents to act for and in performing its third party administrative services to the Plan; and

(m) To undertake any other action the Administrative Services Provider deems reasonable or necessary to provide third party administrative services to the Plan.

5.03 LOANS TO PARTICIPANTS. The Employer may elect to permit the Administrative Services Provider and/or Trustee to make Plan loans to Participants by executing a participant loan program document with the Administrative Services Provider. Any loan by the Plan to a Participant shall be made in compliance with Code § n(p). If Plan loans are permitted, the Administrative Services Provider, with the approval and direction of the Employer, may establish, amend or terminate from time to time, nondiscriminatory administrative procedures for administering loans. Such loan procedures must be a written document and must include: (1) the procedure for applying for a loan; (2) the criteria for approving or denying a loan; (3) the limitations, if any, on the types and amounts of loans available; and (4) the events constituting default and the steps the Plan will take to preserve Plan assets in the event of default. Any administrative procedures adopted under this Section 5.03 shall be construed as part of the Plan.

5.04 INDIVIDUAL ACCOUNTS / RECORDS. The Administrative Services Provider will maintain a separate Account in the name of each Participant to reflect the value of the Participant's Deferred Compensation under the Plan.

5.05 VALUE OF PARTICIPANT'S ACCOUNT. The value of each Participant's Account consists of his/her accumulated Deferred Compensation, as of the most recent Accounting Date or any later date as the Administrative Services Provider may determine.

5.06 ALLOCATION OF NET INCOME, GAIN OR LOSS. As of each Accounting Date (and each other valuation date determined under Section 5.04), the Administrative Services Provider will adjust Accounts to reflect net income, gain or loss, if any, since the last Accounting Date or Account valuation. The Administrative Services Provider will continue to allocate net income, gain and loss to a Participant's



Account subject to an installment distribution, until the Account is fully distributed.

5.07 ACCOUNT CHARGED The Administrative Services Provider will charge all distributions made to a Participant or to his/her Beneficiary, or transferred under Section 9.03 from his/her Account, against the Account of the Participant when made.

5.08 PARTICIPANT DIRECTION OF INVESTMENT. Subject to the terms and conditions required by the Administrative Services Provider and the Trustee, if any, a Participant will have the right to direct the investment or re-investment of the assets comprising the Participant's Account. The Administrative Services Provider will account separately for the Participant-directed Accounts. The Participant's right to direct investment does not give the Participant any vested interest or secured or preferred position with respect to assets over which he/she has investment responsibility.

5.09 VESTING / SUBSTANTIAL RISK OF FORFEITURE. Each Participant's Account will be immediately 100% vested.

5.l0 PRESERVATION OF ELIGIBLE PLAN STATUS. The Employer may take any such necessary and appropriate action to preserve the status ofthe Plan as an Eligible 457 Plan.

5.11 LIMITED LIABILITY. The Employer will not be liable to pay plan benefits to a Participant in excess of the value of the Participant's Account as the Administrative Services Provider determines in accordance with the Plan terms. The Employer, the Administrative Services Provider, or the Trustee will not be liable for losses arising from depreciation or shrinkage in the value of any investments acquired under this Plan.

5.12 LOST PARTICIPANTS. If the Administrative Services Provider is unable to locate any Participant or Beneficiary whose Account becomes distributable (a "lost Participant"), the Administrative Services Provider will apply the provisions of this Section 5.l2.

(A) Attempt to Locate. The Administrative Services Provider will attempt to locate a lost Participant and may use one or more of the following methods: (1) provide a distribution notice to the lost Participant at his/her last known address by certified or registered mail; (2) use the IRS letter forwarding program under Rev. Proc. 94-22; (3) use a commercial locator service, the internet or other general search method; (4) use the Social Security Administration or PBGC search program; or (5) use such other methods as the Administrative Services Provider believes prudent.

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(B) Failure to Locate. If a lost Participant is not located after 6 months following the date the Administrative Services Provider first attempts to locate the lost Participant using one or more of the methods described in Section 5.12(A), the Administrative Services Provider may employ the unclaimed property processes of the state of the lost Participant's last known address. Neither the Administrative Services Provider nor the Trustee shall be responsible for restoring the Account (including potential gains) if a lost Participant whose Account was deposited with a state later makes a claim for his/her Account.

(C) Nonexclusivity and Uniformity. The provisions of this Section 5.12 are intended to provide permissible but not exclusive means for the Administrative Services Provider to administer the Accounts of lost Participants. The Administrative Services Provider may utilize any other reasonable method to locate lost Participants and to administer the Accounts of lost Participants, including such methods as the Revenue Service or other regulatory agency may in the future specify. The Administrative Services Provider will apply Section 5.12 in a reasonable manner, but may in determining a specific course of action as to a particular Account, reasonably take into account differing circumstances such as the amount of a lost Participant's Account, the expense in attempting to locate a lost Participant, the Administrative Services Provider's ability to establish and the expense of establishing a rollover IRA, and other factors. The Administrative Services Provider may charge to the Account of a lost Participant the reasonable expenses incurred under this Section 5.12 and which are associated with the lost Participant's Account.

5.13 PLAN CORRECTION. The Administrative Services Provider, as directed by the Employer, may undertake such correction of Plan errors as the Employer deems necessary, including but not limited to correction to maintain the Plan's status as an "eligible deferred compensation plan" under the Code.

ARTICLE VI PARTICIPANT ADMINISTRATIVE

PROVISIONS

6.01 BENEFICIARY DESIGNATION. A Participant from time to time may designate, in writing, any person(s) (including a trust or other entity), contingently or successively, to whom the Administrative Services Provider or Trustee will pay the Participant's Account (including any life insurance proceeds payable to the Participant's Account) in the event of death. A Participant also may designate the method of payment of his/her Account. The Administrative Services Provider will prescribe the form for the Participant's written designation of Beneficiary and, upon the Participant's

14 1110

filing the form with the Administrative Services Provider, the form revokes all designations filed prior to that date by the same Participant. Provided the Administrative Services Provider has been provided reasonable notice thereof, a divorce decree, or a decree of legal separation, revokes the Participant's designation, if any, of his/her spouse as his/her Beneficiary under the Plan unless: (a) the decree or a QDRO provides otherwise; or (b) the Participant has re-designated his/her former spouse as Beneficiary following the date of the divorce decree, or other decree of legal separation. The foregoing revocation provision (if applicable) applies only with respect to a Participant whose divorce or legal separation becomes effective on or following the date the Employer executes the Plan.

6.02 NO BENEFICIARY DESIGNATION. If a Participant fails to name a Beneficiary in accordance with Section 6.01, or if the Beneficiary named by a Participant predeceases the Participant, then the Administrative Services Provider will pay the Participant's remaining Account to the Participant's estate.

If the Beneficiary survives the Participant, but dies prior to distribution of the Participant's entire Account, the Trustee will pay the remaining Account to the Beneficiary's estate unless: (1) the Participant's Beneficiary designation provides otherwise; or (2) the Beneficiary has properly designated a Beneficiary. A Beneficiary only may designate a Beneficiary for the Participant's Account Balance remaining at the Beneficiary's death, and the Beneficiary's designation otherwise complies with the Plan terms. The Administrative Services Provider will direct a Trustee if applicable as to the method and to whom the Trustee will make payment under this Section 6.02.

6.03 PARTICIPATION AGREEMENT.

(A) General. A Participant must elect to make Salary Reduction Contributions on a Participation Agreement form the Administrative Services Provider provides for this purpose. The Participation Agreement must be consistent with the procedures of the Administrative Services Provider. The Participation Agreement may impose such other terms and limitations as the Employer or Administrative Services Provider may determine.

(B) Election Timing. A Participation Agreement may not take effect earlier than the first day of the calendar month following the date the Participant executes the Participation Agreement and as to Compensation paid or made available in such calendar month. However, if an Employee is eligible to become a Participant during the Employee's calendar month of hire, the Employee may execute a Participation Agreement on or before the date he/she

\

becomes an Employee, effective for the month in which he/she becomes an Employee.

(C) Sick, Vacation and Back Pay. If the Employer adopts a policy that permits Participants to make Salary Reduction Contributions from accumulated sick pay, from accumulated vacation payor from back pay, a Participant who will incur a Severance from Employment may execute a Participation Agreement before such amounts are paid or made available provided: (i) such amounts are paid or made available before the Participant incurs the Severance; and (ii) the Participant is an Employee in that month.

(D) Modification of Participation Agreement. A Participation Agreement remains in effect until a Participant modifies it or ceases to be eligible to participate in the Plan. A Participant may modify his/her Participation Agreement by executing a new Participation Agreement. Any modification will become effective no earlier than the beginning of the calendar month commencing after the date the Participant executes the new Participation Agreement. Filing a new Participation Agreement will revoke all Participation Agreements filed prior to that date. The Employer or Administrative Services Provider may restrict the Participant's right to modify his/her Participation Agreement in any Taxable Year.

6.04 PERSONAL DATA TO ADMINISTRATIVE SERVICES PROVIDER. Each Participant and each Beneficiary of a deceased Participant must furnish to the Administrative Services Provider such evidence, data or information as the Administrative Services Provider considers necessary or desirable for the purpose of administering the Plan. The provisions of this Plan are effective for the benefit of each Participant upon the condition precedent that each Participant will furnish promptly full, true and complete evidence, data and information when requested by the Administrative Services Provider, provided the Administrative Services Provider advises each Participant of the effect of his failure to comply with its request.

6.05 ADDRESS FOR NOTIFICATION. Each Participant and each Beneficiary of a deceased Participant must file with the Administrative Services Provider from time to time, in writing, his/her address and any change of address. Any communication, statement or notice addressed to a Participant, or Beneficiary, at his/her last address filed with the Administrative Services Provider, or as shown on the records of the Employer, binds the Participant, or Beneficiary, for all purposes of this Plan.

6.06 PARTICIPANT OR BENEFICIARY !NCAPACITATED. If evidence is submitted to the Administrative Services Provider which supports an opinion that a Participant or Beneficiary entitled to a

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Plan distribution is not able to care for his/her affairs because of a mental condition, a physical condition, or by reason of age, the Administrative Services Provider or the Trustee may make the distribution to the Participant's or Beneficiary's guardian, conservator, trustee, custodian (including under a Uniform Transfers or Gifts to Minors Act) or to his/her attorney-in-fact or to other legal representative upon furnishing evidence of such status satisfactory to the Administrative Services Provider and to the Trustee. The Administrative Services Provider and the Trustee do not have any liability with respect to payments so made and neither the Administrative Services Provider nor the Trustee has any duty to make inquiry as to the competence of any person entitled to receive payments under the Plan.

ARTICLE VII MISCELLANEOUS

7.01 NO ASSIGNMENT OR ALIENATION. A Participant or Beneficiary does not have the right to commute, sell, assign, pledge, transfer or otherwise conveyor encumber the right to receive any payments under the Plan or Trust and the Administrative Services Provider and the Trustee will not recognize any such anticipation, assignment, or alienation. The payments and the rights under this Plan are non-assignable and nontransferable. Subject to Section 8.15, a Participant's or Beneficiary's interest in the Trust is not subject to attachment, garnishment, levy, execution or other legal or equitable process.

7.02 EFFECT ON OTHER PLANS. This Plan does not affect benefits under any other retirement, pension, or benefit plan or system established for the benefit of the Employer's Employees, and participation under this Plan does not affect benefits receivable under any such plan or system, except to the extent provided in such plan or system.

7.03 WORD USAGE. Words used in the masculine will apply to the feminine where applicable, and wherever the context of the Plan dictates, the plural will be read as the singular and the singular as the plural.

7.04 STATE LAW. The laws ofthe state of the Employer's principal place of business will determine all questions arising with respect to the provisions ofthis Prototype Plan, except to the extent Federal law supersedes State law.

7.05 EMPLOYMENT NOT GUARANTEED. Nothing contained in this Plan, or any modification or amendment to the Plan, or in the creation of any Account, or the payment of any benefit, gives any Employee, PaJiicipant or Beneficiary any right to continue employment, any legal or equitable right against the Employer, the

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Administrative Services Provider, the Trustee, any other Employee of the Employer, or any agents thereof except as expressly provided by the Plan.

7.06 NOTICE, DESIGNATION, ELECTION, CONSENT AND WAIVER. All notices under the Plan and all Participant or Beneficiary designations, elections, consents or waivers must be in writing and made in a form acceptable to the Administrative Services Provider. To the extent permitted by Treasury regulations or other applicable guidance, any Plan notice, election, consent or waiver may be transmitted electronically. Any person entitled to notice under the Plan may waive the notice or shorten the notice period except as otherwise required by the Code.

7.07 LIMITATIONS ON TRANSFERS AND EXCHANGES. The Employer and the Administrative Services Provider may adopt procedures to govern Participant elections and directions concerning a Participant's, Beneficiary's, or Alternate Payee's investment specifications and may impose limitations on transfers and exchanges from one investment option with the Plan to another. These procedures shall be in addition to any established by investment providers to the Plan. The Employer and the Administrative Services Provider may decline to implement any investment instructions for a Participant, Beneficiary, or Alternate Payee where either deems appropriate.

7.08 EMPLOYER RESPONSIBILITY FOR DISTRIBUTION OF PLAN RELATED INFORMATION. The Employer will distribute all Plan related amendments, restated plan documents, and deferred compensation plan tax related documentation to the Administrative Service Providers when there are multiple Administrative Service Providers of the Plan.

7.09 USE OF PLAN ASSETS THAT ARE NOT ATTRIBUTABLE TO AN ACCOUNT. If the Plan receives money that is not attributable to an Account, then the Employer will direct the Administrative Services Provider as to the use of these amounts. Examples include, but are not limited to, money received by the Plan as part of a settlement, litigation award or fee reimbursement. The Employer may use these amounts to offset Plan expenses or may allocate these amounts to Participants or as it deems appropriate

ARTICLE VIII TRUST PROVISIONS

8.01 APPLICATION. The provisions of this Article VIII apply only if the Employer has not elected to substitute another trust, custodial accounts or annuity contracts in lieu of the Trust established under this Article VIII.

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8.02 ACCEPTANCE / HOLDING. The Trustee accepts the Trust created under the Plan and agrees to perform the duties and obligations imposed. The Trustee must hold in trust under this Article VIII, all Deferred Compensation until paid in accordance with the Plan terms.

8.03 RECEIPT OF CONTRIBUTIONS. The Trustee is accountable to the Employer for the funds contributed to it by the Employer or the Administrative Services Provider, but the Trustee does not have any duty to see that the contributions received comply with the provisions of the Plan.

8.04 FULL INVESTMENT POWERS. The Trustee is authorized and empowered, but not by way of limitation, to exercise and perform the following duties:

(a) To invest any part or all of the Trust in any common or preferred stocks, open-end or closedend mutual funds, put and call options traded on a national exchange, United States retirement plan bonds, corporate bonds, debentures, convertible debentures, commercial paper, U. S. Treasury bills, U. S. Treasury notes and other direct or indirect obligations of the United States Government or its agencies, improved or unimproved real estate situated in the United States, limited partnerships, insurance contracts of any type, mortgages, notes or other property of any kind, real or personal, and to buy or sell options on common stock on a nationally recognized options exchange with or without holding the underlying common stock, as a prudent person would do under like circumstances. Any investment made or retained by the Trustee in good faith will be proper but must be of a kind constituting a diversification considered by law suitable for trust investments;

(b) To retain in cash so much of the Trust as it may deem advisable to satisfy liquidity needs of the Plan and to deposit any cash held in the Trust in a bank account at reasonable interest;

(c) To invest, if the Trustee is a bank or similar financial institution supervised by the United States or by a State, in any type of deposit of the Trustee (or a bank related to the Trustee within the meaning of Code §414(b)) at a reasonable rate of interest or in a common trust fund as described in Code §584, or in a collective investment fund, the provisions of which the Trust incorporates by this reference, which the Trustee (or its affiliate, as defined in Code §1504) maintains exclusively for the collective investment of money contributed by the bank (or its affiliate) in its capacity as Trustee and which conforms to the rules of the Comptroller of the Currency;

(d) To manage, sell, contract to sell, grant options to purchase, convey, exchange, transfer, abandon, improve, repair, insure, lease for any term even though commencing in the future or extending beyond the term of the Trust, and otherwise deal with all property, real or personal, in such manner, for such considerations and on such terms and conditions as the Trustee decides;

(e) To credit and distribute the Trust as directed by the Administrative Services Provider of the Plan. The Trustee will not be obliged to inquire as to whether any payee or distributee is entitled to any payment or whether the distribution is proper or within the terms of the Plan, or as to the manner of making any payment or distribution. The Trustee will be accountable only to the Administrative Services Provider for any payment or distribution made by it in good faith on the order or direction of the Administrative Services Provider;

(t) To borrow money, to assume indebtedness, extend mortgages and encumber by mortgage or pledge;

(g) To compromise, contest, arbitrate or abandon claims and demands;

(h) To have with respect to the Trust all of the rights of an individual owner, including the power to exercise any and all voting rights associated with Trust assets, to give proxies, to participate in any voting trusts, mergers, consolidations or liquidations, to tender shares and to exercise or sell stock subscriptions or conversion rights;

(i) To lease for oil, gas and other mineral purposes and to create mineral severances by grant or reservation; to pool or unitize interest in oil, gas and other minerals; and to enter into operating agreements and to execute division and transfer orders;

U) To hold any securities or other property in the name of the Trustee or its nominee, with depositories or agent depositories or in another form as it may deem best, with or without disclosing the trust relationship;

(k) To perform any and all other acts in its judgment necessary or appropriate for the proper and advantageous management, investment and distribution of the Trust;

(I) To retain any funds or property subject to any dispute without liability for the payment of interest, and to decline to make payment or delivery of the funds or property until a court of competent jurisdiction makes a final adjudication;

(m) To file all tax returns required of the Trustee;



(n) To furnish to the Employer and the Administrative Services Provider an annual statement of account showing the condition of the Trust and all investments, receipts, disbursements and other transactions effected by the Trustee during the Plan Year covered by the statement and also stating the assets of the Trust held at the end of the Plan Year, which accounts will be conclusive on all persons, including the Employer and the Administrative Services Provider, except as to any act or transaction concerning which the Employer or the Administrative Services Provider files with the Trustee written exceptions or objections within 90 days after the receipt of the accounts; and

(0) To begin, maintain or defend any litigation necessary in connection with the administration of the Trust, except that the Trustee will not be obliged or required to do so unless

8.05 RECORDS AND STATEMENTS. The records of the Trustee pertaining to the Trust will be open to the inspection of the Employer at all reasonable times and may be audited from time to time by any person or persons as the Employer may specify in writing. The Trustee will furnish the Administrative Services Provider whatever information relating to the Trust the Administrative Services Provider considers necessary.

8.06 FEES AND EXPENSES FROM FUND. The Trustee will receive reasonable annual compensation in accordance with its fee schedule as published from time to time. The Trustee will pay from the Trust all fees and expenses the Trustee reasonably incurs in its administration of the Trust, unless the Employer pays the fees and expenses.

8.07 PROFESSIONAL AGENTS. The Trustee may employ and pay from the Trust reasonable compensation to agents, attorneys, accountants and other persons to advise the Trustee as in its opinion may be necessary. The Trustee may delegate to any agent, attorney, accountant or other person selected by it any non-Trustee power or duty vested in it by the Trust, and the Trustee may act or refrain from acting on the advice or opinion of any agent, attorney, accountant or other person so selected.

8.08 DISTRIBUTION OF CASH OR PROPERTY. The Trustee may make distribution under the Plan in cash or property, or partly in each, at its fair market value as determined by the Trustee.

8.09 RESIGNATION AND REMOVAL. The Trustee or the Custodian may resign its position by giving written notice to the Employer and to the Administrative Services Provider. The Trustee's notice must specify the effective date of the Trustee's resignation, which date must be at least 30 days

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following the date of the Trustee's notiCe, unless the Employer consents in writing to shorter notice.

The Employer may remove a Trustee or a Custodian by giving written notice to the affected party. The Employer's notice must specify the effective date of removal which date must be at least 30 days following the date of the Employer's notice, except where the Employer reasonably determines a shorter notice period or immediate removal is necessary to protect Plan assets.

8.10 SUCCESSOR TRUSTEE.

(A) Appointment. In the event of the resignation or the removal of a Trustee, where no other Trustee continues to service, the Employer must appoint a successor Trustee if it intends to continue the Plan. If two or more persons hold the position of Trustee, in the event of the removal of one such person, during any period the selection of a replacement is pending, or during any period such person is unable to serve for any reason, the remaining person or persons will act as the Trustee. If the Employer fails to appoint a successor Trustee as of the effective date of the Trustee resignation or removal and no other Trustee remains, the Trustee will treat the Employer as having appointed itself as Trustee and as having filed the Employer's acceptance of appointment as successor Trustee with the former Trustee.

(B) Automatic Successor. Any corporation which succeeds to the trust business of the Trustee, or results from any merger or consolidation to which the Trustee is a party, or is the transferee of substantially all the Trustee's assets, will be the successor to the Trustee under this Trust. The successor Trustee will possess all rights, duties and powers under this Trust as if the successor Trustee were the original Trustee. Neither the Trustee nor the successor Trustee need provide notice to any interested person of any transaction resulting in a successor Trustee. The successor Trustee need not file or execute any additional instrument or perform any additional act to become successor Trustee.

8.11 VALUATION OF TRUST. The Trustee will value the Trust as of each Accounting Date to determine the fair market value of the Trust assets. The Trustee will value the Trust on such other date(s) the Administrative Services Provider may direct.

8.12 PARTICIPANT DIRECTION OF INVESTMENT. Consistent with the Administrative Services Provider's policy adopted under Section 5.02(i), the Trustee may consent in writing to permit Participants in the Plan to direct the investment to the Trust assets. The Administrative Services Provider will advise the Trustee of the portion of the Trust credited to each Participant's Account under the Plan, and subject to such Participant direction. As a condition of Participant direction, the Trustee may

18 1110

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impose such conditions, limitations and other provisions as the Trustee may deem appropriate and as are consistent with the Administrative Services Provider's policy. The Trustee will report to the Administrative Services Provider the net income, gain or losses incurred by each Participant directed Account separately from the net income, gain or losses incurred by the general Trust during the Trust Year.

8.13 THIRD PARTY RELIANCE. No person dealing with the Trustee will be obliged to see to the proper application of any money paid or property delivered to the Trustee, or to inquire whether the Trustee has acted pursuant to any of the terms of the Trust. Each person dealing with the Trustee may act upon any notice, request or representation in writing by the Trustee, or by the Trustee's duly authorized agent, and will not be liable to any person whomsoever in so doing. The certificate of the Trustee that it is acting in accordance with the Trust will be conclusive in favor of any person relying on the certificate.

8.14 INV ALIDITY OF ANY TRUST PROVISION. If any clause or provision of this Article VIII proves to be or is adjudged to be invalid or void for any reason, such void or invalid clause or provision will not affect any of the other provisions of this Article VIII and the balance of the Trust provisions will remain operative.

8.15 EXCLUSIVE BENEFIT. The Trustee will hold all the assets of the Trust for the exclusive benefit of the Participants and their Beneficiaries and neither the Employer nor the Trustee will use or divert any part of the corpus or income of the Trust for purposes other than the exclusive benefit of the Participants and Beneficiaries of the Plan. The Employer will not have any right to the assets held by the Trustee and the Trust assets will not be subject to the claims of the Employer's creditors or, except as provided in Section 4.06, of the creditors of any Participant or Beneficiary. No Participant or Beneficiary shall have any right to sell, assign, transfer or otherwise convey his/her Account or any interest in his/her Deferred Compensation. Notwithstanding the foregoing, the Administrative Services Provider may pay from a Participant's or Beneficiary's Account the amount the Administrative Services Provider finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. The Trust created under the Employer's Plan is irrevocable and its assets will not inure to the benefit ofthe Employer.

8.16 SUBSTITUTION OF CUSTODIAL ACCOUNT OR ANNUITY CONTRACT. The

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........

Employer may elect to use one or more custodial accounts or annuity contracts in lieu of or in addition to the Trust established in this Article VIII. Any such custodial account or annuity contract must satisfy the requirements of Code §457(g)(3) and applicable Treasury regulations.

8.17 GROUP TRUST AUTHORITY. Notwithstanding any contrary provision in this Plan, the Trustee may, unless restricted in writing by the Administrative Services Provider, transfer assets of the plan to a group trust that is operated or maintained exclusively for the commingling and collective investment of monies provided that the funds in the group trust consist exclusively of trust assets held under plans qualified under Code section 401(a), individual retirement accounts that are exempt under Code. section 408(e), and eligible governmental plans that meets the requirements of Code section 457(b). For this purpose, a trust includes a custodial account that is treated as a trust under Code section 401(1) or under Code section 457(g)(3). For purposes of valuation, the value of the interest maintained by the Plan in such group trust shall be the fair market value of the portion of the group trust held for Plan, determined in accordance with generally recognized valuation procedures.

ARTICLE IX AMENDMENT, TERMINATION, TRANSFERS

9.01 AMENDMENT BY EMPLOYER / SPONSOR. The Employer has the right at any time and from time to time:

(a) To amend this Plan and Trust Agreement in any manner it deems necessary or advisable in order to continue the status of this Plan as an Eligible 457 Plan; and

(b) To amend this Plan and Trust Agreement in any other manner, including deletion, substitution or modification of any Plan or Trust.

The Employer must make all amendments in writing. The Employer may amend the Plan by addenda, by separate amendment, or by restatement of the Plan. Each amendment must· state the date to which it is either retroactively or prospectively effective. The Employer also may not make any amendment that affects the rights, duties or responsibilities of the Trustee or the Administrative Services Provider without the written consent of the affected Trustee or the Administrative Services Provider.

The Employer will accept amendments from the Administrative Services Provider (including adoption of a substitute Plan and Trust) without being required to re-execute the Plan, provided that the

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amendments are necessary to continue the Plan as an Eligible 457 Plan.

9.02 TERMINATION / FREEZING OF PLAN. The Employer has the right, at any time, to terminate this Plan or to cease (freeze) further Deferral Contributions to the Plan. Upon termination or freezing of the Plan, the provisions of the Plan (other than provisions permitting continued Deferral Contributions) remain operative until distribution of all Accounts. Upon Plan termination, the Administrative Services Provider or Trustee shall distribute to Participants and Beneficiaries all Deferred Compensation as soon as is reasonably practicable following termination.

9.03 TRANSFERS. The Plan: (a) may accept a Transfer of a Participant's Account in another employer's Eligible 457 Plan; or (b) may Transfer a Participant's (or Beneficiary'S) Account in this Plan to the another employer's Eligible 457 Plan. The other plan involved in the Transfer must provide for Transfers. The Participant or Beneficiary, after the Transfer will have Deferred Compensation in the recipient plan at least equal to his/her Deferred Compensation in the transferring plan immediately before the Transfer. Any Transfer also must comply with applicable Treasury regulations, and in particular Treas. Reg. §§ 1.457-1O(b )(2) as to postseverance transfers between Eligible 457 Plans; 1.457-10(b)(3) as to transfers of all assets between Eligible 457 Plans; and 1.457-10(b)(4) as to transfers between Eligible 457 Plans of the same Employer. The Administrative Services Provider will credit any Transfer accepted under this Section 9.03 to the Participant's Account and will treat the transferred amount as a Deferral Contribution for all purposes of this Plan except such Transfer will not be treated as a Deferral Contribution subject to the limitations of Article III. The Plan's Transfer of any Participant's or Beneficiary's Account under this Section 9.03 completely discharges the Employer, the Administrative Services Provider, the Trustee and the Plan from any liability to the Participant or Beneficiary for any Plan benefits.

9.04 PURCHASE OF PERMISSIVE SERVICE CREDIT. A Participant, prior to otherwise incurring a distributable event under Article IV, may direct the Trustee to transfer (as of January 1, 2002, or later) all or a portion of his/her Account to a governmental defined benefit plan (under Code §414(d» for: (a) the purchase of permissive service credit (under Code §415(n)(3)(A» under such plan, or (b) the repayment of contributions and earnings previously refunded with respect to a forfeiture of service credited under the plan (or under another governmental plan within the same State) to which Code §415 does not apply by reason of Code §415(k)(3).

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IN WITNESS WHEREOF, the undersigned has executed this Plan and Trust to become effective the __ day of ________ ,20_ for the:

(Plan Name)

By: (signature)

(printed name)

(title/role)

20 1110

)

TO:

FROM:

DATE:

SUBJECT:

Agenda Staff Report

Honorable Mayor & City Council Members

Mark Fachin, P.E., Public Works Director/City Engineer tyJpJ{,~ May 18, 2011

Construction Agreement and Award of Bid for Supplying and Installing Park Equipment for Cresthills and College Greens Park


Recommendation: That the City Council adopt the Resolution awarding Edwards and Associates the Construction Agreement for Supplying and Installing Park Equipment at Cresthillsand College Greens Park in the amount of $40,553.10, and authorize a ten percent (10%) Contingency in the amount of $4,055.00. In addition, authorize the City Manager to eXE!cutE! thE! ConstrLlction AgreE!mE!nt and authorize thE! Public Works DirE!ctor/City Engineer to administrate the Construction Agreement including the 10% contingency.

Background: The City of Los Banos Public Works Department identified the need to demolish and replace certain park equipment located in Cresthills Park and College Greens Park. The need to replace the equipment is due to either age deterioration or the unavailability to purchase repair parts.

In addition, material placed in these park play areas are required to be refilled to acceptable thicknesses per playground standards. This material is known as "Engineered Wood Fiber" and is a certified product for park play areas.

Cresthills Park is located at the northwest corner of Pioneer Road and Black Hills Avenue.

College Greens Park is located at the southwest corner of College Greens Drive and Scripps Drive.

Discussion: The Public Works Department released the Bid Documents for Supplying and Installing Park Equipment for Cresthills and College Greens Park on April 8, 2011. The Bid opening for this project was held on April 28, 2011.

The Public Works Department, through the office of the City Clerk, received seven (7) bids from the following contractors:

1. Edwards and Associates, Carmel Valley $40,553.10

2. Who Built Creative Builders Inc., Petaluma $66,880.00

3. Community Playgrounds Inc., Novato $69,262.93

4. Maxwell Smart Construction, Clovis $71,768.59

5. HHEC Inc., Knights Ferry $82,200.00

6. Grover Landscape Services Inc., Modesto $83,432.00

7. Harris Builders Inc., Hilmar $93,850.00

Public Works staff reviewed the bid submittals and determined that the low bidder, Edwards and Associates, meets the project specifications required for the project. This project is required to be completed and invoiced prior to July 1, 2011.

The project will demolish identified park equipment that is either deteriorated by age or is obsolete due to the unavailability to purchase repair parts. In both cases the existing equipment is many years old and has been repaired many times due to deterioration, routine use, vandalism, and graffiti. Currently, repair parts are unavailable and existing equipment would soon be unsafe for use. In this case, the equipment would have to be cordoned off or removed from use. The new equipment will be similar to the existing playground equipment at the parks.

The Public Works Department's Parks and Recreation Division will oversee the project during the demolition and construction phase.

The project is subject to prevailing wage requirements and the Public Contract Code.

The Bidder has also included the cost to provide a Certified Playground Inspector to insure that the installation is safe for use.

Fiscal Impact: The project is to be funded through Landscape and Lighting District Assessments. These expenditures were identified and approved in the 2010-2011 Fiscal Year Budget.

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The estimated cost for the entire project was $75,000.00 to $85,000.00. With the total bid cost of $40,553.10, this represents a significant value in the Landscape and Lighting Districts #2 Cresthills and #4 College Greens. The difference between the budgeted expenditure and the actual cost will remain as fund balances in the aforementioned districts.

Reviewed by:

ill~,-~ Steve R til: City Manager

Attachments: Resolution Official Bid Results Construction Agreement with Exhibits Budget Line Item Sheets

RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS AUTHORIZING AWARD OF CONSTRUCTION AGREEMENT FOR SUPPLYING AND INSTALLING PLAYGROUND EQUIPMENT AT CRESTHILLS AND COLLEGE GREENS PARK

WHEREAS, the City of Los Banos Public Works Department received competitive bids on April 28, 2011 for the purpose of supplying and installing park equipment in the City of Los Banos; and

WHEREAS, the Public Works Department has determined, after receiving competitive bids, that Edwards and Associates provided the lowest responsible bid in the amount of $40,553.10; and

WHEREAS, the Public Works Department requests the City Council authorize a ten percent (10%) contingency in the amount of $4,055.00, and

WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the Construction Agreement with Edwards and Associates and authorize the Public Works Director/City Engineer to administrate the Construction Contract, including the 10% contingency.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby accept the construction bid from Edwards and Associates in the amount of $40,553.10 with a 10% contingency in the amount of $4,055.00, and authorizes the City Manager to execute the contract, and authorizes the Public Works Director/City Engineer to administrate the Construction Contract including the 10% contingency.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2011, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member ~ __ and the Resolution adopted by the following vote:

AYES: NOES: ABSENT:

1

APPROVED:

Michael Villalta, Mayor

ATTEST:


2

--' .

1

2

3

4

5

6

7

T Cityof B"

LOS "anos At the Crossroa.ds oJ Cal~forl1ia

BID OPENING

SUPPLYING AND INSTALLING PARK PLAYGROUND EQUIPMENT CRESTHILLS PARK AND COLLEGE GREENS PARK

THURSDAY, APRIL 28, 2011 @2:00 PM

Harris Builders; Inc. $ 93,850.00

Maxwell Smart Construction $ 71,768.59

Haskell & Haskell Engineering & Construction Srv. $ 82,200,00

Grover Landscape Services, Inc. $ 83,432.00

Community Playgrounds, Inc. $ 69,26293

Who Built Creative Builders, Inc. $ 66,880.00

Edwards & Associates $ 40,553.10

..

Dated: April 28,2011

Witness: -~.::p~!+::±:r-:::::::::::====:...---=---

-" .

NOTICE OF AWARD

To: John R. Edwards, Edwards and Associates

PROJECT Description: SUPPLYING AND INSTALLING PARK PLAYGROUND EQUIPMENT CRESTHILLS PARK AND COLLEGE GREENS PARK

The OWNER has considered the BID submitted by you for the construction of above described area dated April 28, 2011.

You are hereby notified that your BID has been accepted for SUPPLYING AND INSTALLING PARK PLAYGROUND EQUIPMENT CRESTHILLS PARK AND COLLEGEGREENS PARK in BID Form for a total delivered price of $40,553.10.

The City of Los Banos requires that you sign the agreement and the City receive the sign agreement prior to within ten (10) calendar days from the date of receipt of the Agreement.

If you fail to execute said Agreement within ten days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.

Dated this 5 day of May, 2011.

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWA~~r\ ~ebY acknowledged by

~~~~ Signature

This the fa -ttl-day of ~ , 2011

Print Name

Title Du)tJ6R..

14

City of Los Banos OWNER

BY~ Title Assistant Public Works Director

AGREEMENT FOR THE PURCHASE AND INSTALLATION OF PARKPLAYGROUNDEQUWMENTBET~EN

CITY OF LOS BANOS AND JOHN R. EDWARDS DBA EDWARDS & ASSOCIATES

FOR CRESTHILLS PARK AND COLLEGE GREENS PARK

THIS AGREEMENT is made and effective as of ---' 2011, between the City of Los Banos, a municipal corporation (hereinafter referred to as "City"), and JOHN R. EDWARDS DBA EDWARDS & ASSOCIATES, (hereinafter referred to as "Contractor").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM

This Agreement shall commence on May 18, 2011, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.

2. PURCHASE AND SALE OF EQUIPMENT

On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture or acquire, sell and install for the City, Playground Equipment as more particularly described in Exhibit A, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment").

3. PURCHASE / INSTALLATION PRICE

The Purchase Price that City agrees to pay to Contractor for the Equipment and Installation is FORTY THOUSAND FIVE HUNDRED FIFTY THREE DOLLARS AND TEN CENTS ($40,553.10). The Purchase Price is final and shall be paid by City to Contractor upon acceptance of equipment as installed in accordance with the terms of this agreement.

4. SCOPE OF WORK

Contractor shall manufacture or acquire and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City.

5. REPRESENTATIONS AND WARRANTIES OF CONTRACTOR

Contractor makes the following representations and warranties to City:

a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms.

b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured or acquired and installed. All of the Equipment is new and are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as playground equipment and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used.

c. Workmanship Guaranty. In addition to the manufacturers warranties the quality of the workmanship shall be guaranteed for one year from date of completion.

d. Installation Warranties: Contractor warrants and agrees that it will employ reasonable commercial efforts to provide all installation services identified hereunder and that in the event that either the Equipment, in whole or in part, or some portion of City's real property is damaged due to Contractor's negligence or willful misconduct in performing installation services, Contractor shall be only responsible for all costs associated with repair of real property or replacement of personal property damaged by Contractor's acts.

e. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement.

6. PERFORMANCE

Time is of the essence in the performance of services under this Contract and the services shall be performed to completion in a diligent and timely manner. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor

hereunder in meeting its obligations under this Agreement. Contractor shall complete the tasks described herein and submit its final invoice no later than June 30, 2011.

7. CITY APPROVAL

All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notifY Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt.

8. REJECTION

In the event of such notice of non-conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnifY City in full for such expenses.

9. NO REPLACEMENT OF CURE

This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Contractor or engage in subsequent efforts to affect a cure ofthe original tender by Contractor.

10. INDEMNIFICATION

The Contractor agrees to defend, indemnifY, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City.

" "

11. AGREEMENT DOCUMENTS

a. This Agreement including all specifications and drawings, bid documents including exhibits, shall constitute the entire agreement between the parties.

b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the provision which imposes the greater obligation on the Contractor shall prevail.

12. DEFAULT OF CONTRACTOR

a. The Contractor's failure to comply with the prOVlSlons of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.

b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor

I

with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

13. INSURANCE REQUIREMENTS

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

Minimum Limits ofInsurance

Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operation, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations preformed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation

The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII.

Verification of Coverage

Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

14. SURVIVAL OF REPRESENTATIONS AND WARRANATIES

All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement.

15. LEGAL RESPONSmILITIES

The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

16. PROHmITED INTEREST

No officer, or employee of the City of Los Banos shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's subcontractors for this project, during hislher tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Los Banos has any interest, whether contractual, non-contractual, financial or otherwise~ in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

17. INDEPENDENT CONTRACTOR

a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

18. ASSIGNMENT

The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.

19. NOTICES

Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective

upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Los Banos 520 J Street Los Banos, California 93635 Attn: Gary Hutsell

To Contractor: Edwards & Associates P.O. Box 909 Carmel Valley, CA 93924 Attn: John R. Edwards

20. GOVERNING LAW

The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Los Banos. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

21. ENTIRE AGREEMENT

This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

22. MISCELLANEOUS

a. Amendments. This Agreement may be modified or amended only by a written document executed by both Vendor and City and approved as to form by the City Attorney.

b. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

-" .

23. AUTHORITY TO EXECUTE TmS AGREEMENT

The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

IN WITNESS WHEREOF, two identical counterparts of this contract, each of which shall for all purposed be deemed an original thereof, have been duly executed by the parties.

Date:

Date:

ATTEST: CITY CLERK


APPROVED AS TO FORM:

William A. Vaughn, City Attorney

EDWARDS & ASSOCIATES

~~~~ John R. Edwards

CITY OF LOS BANOS, a California municipal corporation

by: Steve Rath, City Manager

-" .

EXHmITA

SCOPE OF WORK

The scope of work shall include the purchase and installation of Playground Equipment, the demolition of designated existing Playground Equipment, and the purchase and installation of Wood Fiber Playground Material as per the requirements and specifications of this Agreement.

The Contractor shall demolish designated existing equipment, supply and install Playground Equipment and Wood Fiber Playground Material within 30 working days from the date of contract execution.

All materials shall be of highest quality and meet commercial grade standards for park equipment and wood fiber playground material including ASTM Standards and National Certified Standards.

All installed Playground Equipment shall be warranted against defects in materials and workmanship for a period of not less than twelve (12) months. The beginning warranty date shall be based on the product acceptance date. Any or all instructions and forms needed for warranty claims shall be attached with the delivery of the furnishings.

College Greens Park - 1815 College Greens Drive at the intersection of College Greens Drive and Scripps Drive.

1. Crawling or Climbing Apparatus (Safety Zone Area 16 feet X 28 feet) including installation.

2. Demolition and removal of existing Merry-Go-Round.

3. Wood Fiber Playground Material approved for playground use. Supply and install 240 Cubic Yards.

Cresthills Park - 700 Pioneer Road at the Intersection of Pioneer Road and Black Hills Avenue.

4. Play Structure age group 2 - 12 to include three slides, cargo climber, rock climber, deck with roof, ladder, stairs and a separate climbing or crawling apparatus (Safety Zone Area 105 feet X 35 feet) including installation.

5. Demolition of designated existing play structures, slides, fire engine, and rocker animals.


-" .

EXHIBIT B

BID PROPOSAL

City of Los e>anos PLayground 6..quipment for

CresthiLLs Park. and CoLlege C;-reens Park.

Bid Provided by Edwards & Associates

Representing Miracle Recreation Equipment Company

Park Pets and SofSolutions

Post Office Box 909 - Carmel Valley, CA 93924 800-303-7529 - 831-659-7212

--.. "' ....

CITY OF LOS BANOS

CRESTHILLS PARK AND COLLEGE GREENS PARK

PLAY EQUIPMENT

BID TABLE OF CONTENTS

COVER LETTER

BID PACKAGE FORMS:

BID FORM c

ADDENDUM ACKNOWLEDGEMENT LIST OF SUBCONTRACTORS NON-COLLUSION AFFIDAVIT

ILLUSTRATIONS:

CRESTHILLS PARK - 2 VIEWS KEY COMPONENTS - CRESTHILLS PARK

COMPLIANCE DATA- TOPVIEW CRESTHILLS PARK TOPVIEW AND PHOTO - COLLEGE GREENS PARK

GENERAL SPECIFICATIONS AND WARRANTY - MIRACLE PRODUCTS CSI SPECIFICATIONS - MIRACLE PRODUCTS

SOF'FALL BROCHURE WITH COMPLIANCE AND WARRANTY INFORMATION

PARK PETS BROCHURE WITH COMPLIANCE AND WARRANTY INFORMATION

--' -"""

April 26, 2011

Mr. Mark Fachin, P.E. City of Los Banos Public Works Department 411 Madison Avenue Los Banos, CA 93635

Dear Mr. Fachin:

~Wards t:, Associates Park and Playground b.quipment

Post Office e,ox 909 Carmel Valley, CA 93924

Thank you for the opportunity to provide this Bid for Cresthills and College Green Parks. We represent Miracle Recreation Equipment Company throughout Central California and have had the pleasure of working with the City of Los Banos frequently. You might know that Miracle is the oldest and largest playground equipment manufacturer in the United States, celebrating its 83rd anniversary this year. Until 1993 it was a family-owned business at which time it was acquired by Playpower, Inc., of St. Louis. Playpower also owns SoftPlay (fast food play structures), EZ Dock (plastic docking systems), Little Tikes Commercial Play Equipment, HAGS (Swedish play equipment manufacturer), and Nexus (European play equipment manufacturer). You can be assured that Miracle Recreation Equipment Company is financially stable with a strong management and very successful track record.

Edwards & Associates develops long-term relationships with our customers - which we believe must be the basis of any personal or professional achievement. We have a team of installer-contractors who specialize in Miracle installations and see to it that the equipment is installed according to the manufacturer's recommendations in the least possible time, with minimal inconvenience to our customers. We provide site construction services as well as a variety of safety surfacing solutions that make your new playground not only fun and attractive, but meet or exceed the highest safety and accessibility standards in the industry.

Our after-the-sale relationships are as important to us as those before the transaction and we hope that the City of Los Banos has benefitted by our determination to serve our customers well. OUf response time to inquiries and support is a major factor in our success. Consistency in providing excellent service matters as much to us as it does our customers. Please contact us with any questions. Thank you again.

Best regards,

John R. Edwards

Representing Miracle Recreatiun b..quipment Cumpany + WACj6 U6A. + Nb.XU6 + 6qf6uluuuns 6afely 6urfacing 6pedra Turf ResiUent Rubber 6afely 6urfacing • Utchfield Industries 6ite Amenities + Paris 6ite Amenities + 6purtRuck CUmbing Rucks

Phune: 80030~7529 • Office: 8~1.6597212 + Fax: 8~1.6597226 • email: edwardsmiracle@auLcum

BID FORM

By submission of the BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor

PROPOSAL TO: Supply, Install, and Demolish Park Playground Equipment and Supply and Install Wood Fiber Playground Material for the City of Los Banos.

Name of Company: EDWARDS & ASSOCIATES

Business Address: POST OFFICE BOX 909, CARMEL VALLEY, CA 93924

Phone No:~) 303-7529 OR 831-659-7212 Fax No: ~)--,-65,-,-9-_72~26-,--____ _

Sales Tax #: (If out of State~ ---,;:---=:_=-___ Federal 10 # 498-60-1978

Authorized Signature: ~ ~tk:4 Print name: JOHN R. EDWARDS

Item descriptions below are in the same order as numbered in the Bid Specifications.

tem Qt [yo

1. 1

2. 1

3. 240CY

4. 1

5. 1

6. 240CY

It D . ti em escnpl on Crawling or Climbing Apparatus (Safety Zone Area 16 feet X 28 feet) including installation_ To Include all tax and freight charges.

Demolition and removal of existing Merry-Go-Round.

Wood Fiber Playground Material approved for playground use. Supply and install. Play Structure age group 2 - 12 to include three slides, cargo climber, rock climber, deck with roof, ladder, stairs and a separate climbing or crawling apparatus (Safety Zone Area 105 feet X 35 feet) including installation. To include all tax and freight charges. Demolition of designated existing play structures, slides, fire engine, and rocker animals_ Wood Fiber Playground Material approved for playground use. Supply and install 240 Cubic Yards.

Freight:

Sales Tax:

Unit PI r ce

Lump Sum

Lump Sum

Lump Sum

Lump Sum

Total PI r ce

3,969.66

2,000.00

6,644.40

15,113.49

1,000.00

6,644.40

3,079.00

2,102.15

Total Bid Price: ___ 4_0,5_5_3.1_0

10

ADDENDUM

BIDDER acknowledges receipt of the following ADDENDA: CREATED 4/22/11 t \\ 0 C(\ II

No. __ 1 ____ "Gated , 201 0, Signed,-,~"""""-=-",,-,--_~--==,,,,,-,-

2, ___ ,dated ,2010, Signed, ~ ~ ~ No. ______ " dated ___ , 2010, Signed,~ ~~ No.

11

.,

The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Information for Bidders .

•

LIST OF SUBCONTRACTORS Description of Portion Name and Address of Work Subcontracted

MIRACLE RECREATION EQUIPMENT COMPANY 878 HIGHWAY 60, MONETT, MO 65708

PROVIDING CRESTHILLS PARK PLAY EQUIPMENT

PARK PETS AND BOULDERS POST OFFICE BOX 32, PISMO BEACH, CA 93448

PROVIDING PLAY EQUIPMENT FOR COLLEGE GREENS PARK

SOF'SOLUTIONS, INC. POST OFFICE BOX 667, DRAPER, UT 84020

PROVIDING SO'FALL ENGINEERED WOOD FIBER SAFETY SURFACING

PLAYGROUNDS PLUS (GEORGE OLIVEIRA) 701 CARPENTER STREET, HOLLISTER, CA 95023

INSTALLATION SERVICES - CONTRACTOR'S LICENCE NUMBER 693526

12

-" . -" .

Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106)

To the CITY / COUNTY of ---=:-::LO:-S_B::-AN __ O=S-,-:. C:_A::-L-:::IFO-:-R-N-IA--,---,c-::-:--------

DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code

7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any

undisclosed person, partnership, company, association, organization, or corporation;

that the bid is genuine and not collusive or sham; that the bidder has not directly or

indirectly induced or solicited any other bidder to put in a false or sham bid, and has not

directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone

else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has

not in any manner, directly or indirectly, sought by agreement, communication, or

conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any

overhead, profit, or cost element of the bid price, or of that of any other bidder, or to

secure any advantage against the public body awarding the contract of anyone

interested in the proposed contract; that all statements contained in the bid are true;

and, further, that the bidder has not, directly or indirectly, submitted his or her bid price

or any breakdown thereof, or the contents thereof, or divulged information or data

relative thereto, or paid, and will not pay, any fee to any corporation, partnership,

company association, organization, bid depository, or to any member or agent thereof to

effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

13

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FUN FONb.6

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K:b.YCOMPoNb.NT6 ///'/------- ...... ,,,.,.

60UARb. ROOF

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Vb.RTICAL LADDb.R

MOGUL SLIDE 718-726-4

BELL (POST MOUNT) 718-796-Pl

SQUARE ROOF,- SHINGLE

L-SLIDE 718-907-1

(

•. 1iF7'TI~1~~!i"90~9Nr4Err.k~t~.L~~n~~'=F''F==SQUARE TRANSFER POINT, 3' DECK

45' SLQPED 718- 851-39

I CLIMBING WALL

718-757-.34

\ ~~~,J.

\ \".

STEERING WHEEL (POST MOUNT)

718-900-P1

FUN FONE 718-994

HANDHOLDS W/RAIL 718-811 -----"~ ""--1

\ LL-JJ LOOP CLI M 8ER

\.

GROOVE SLIDE 718-968 718-727-4

" / "- " "-----------,-~-=--------SET HEIGHT TO

60" ABOVE FiNISHED GRADE FOR AGES 2-12

TARANTULA CLIMBER 456-1

\VUb.b.L

TARANTULA

$

$

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SQUARE ROOF-SHINGLE

718-861-4

ELEVATED PLAY ACTIVITIES· TOTAL 7 ELEVATED PLAY ACTIVITIES ACCESSIBLE BY TRANSFER IREQ'Il ELEVATED PLAY ACTIVITIES ACCESSIBLE BY RAMP REQ'O GROUND LEVEL ACTIVITY TYPE REQ'Il GROUND LEVEL ACTIVITY QUANTITY REQ'Il

~~~

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TARANTULA CUMBER

STEERING WHEEL (POST MOUNT) 718-900-P1

~~ ... ~q. ARGO CUMBER '\

I Play Area Capacity: 50-60

456-1 TO BE INSTALLED 5' ABOVE FINISHED GRADE FOR 2-12 YEAR OLDS.

718-996-1

OOP CUMBER GROOVE SUD~ 718-968 718-727-4

SAFETY PANEL AGES 2-12 714-734-2 rlJ

To promote safe and proper equipment use by children, Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signage near each playsystem's main entry poiirt(s) to Inform parents and supervisors of the age appropriateness of the playsystem and general rules for safe play.

MIRACLE. RECReATION EQUIPMENT COMPANY

THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE

CD188204 - CD188205 REQUIREMENTS OF ASTM F1487. GROUND SPACE: AN ENERGY ABSORBING PROTECTIVE SURFACE IS PROTECTIVE AREA: REQUIRED UNDER & AROUND ALL PLAY SYSTEMS.

391 X201

51 1 X 321

./ I COMPLIES TO CPSC

-/ I COMPLIES TO ASTM

-/ I COMPLIES TO ADA

DESIGNED FOR AGES 2-12

ADomoNAL GROUND LEVELACCSSSIBLE ITEMS NEEDED FORADA COMPUANCE

lYPE: o

QOANTllY: o

SCALE: 1"=.6'-0"

DATE: 4/20/11

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GENERAL SPECIFICATIONS - CRESTHILLS PARK •

SAFETY STANDARDS & GUIDELINES All public playground equipment supplied shall meet all applicable provisions of the current "Handbook for Public Playground Safety' published by the Consumer Product Safety Commission (CPSC), and of ASTM F1487 -01 "Standard Consumer Safety Performance Specification for Playground Equipment for Public Use," published by the American Society for Testing and Materials (ASTM). Products bearing the certification seal of the Intemational Play Equipment Manufacturers Association (lPEMA) have received written validation of compliance with ASTM F1487-01.

TRADEMARKS Aquarius (R), Big Kahuna (R), Big Timber (R), Bongo (TM), Boulder Ridge (R), Bug Bites (R), Camel Back (TM), Center Stage (R), Chameleon (TM), Coil Curier (TM), Connexion (R), Dupli-Gator (R), Flex Jet (TM), Flippo (TM), Flippopotamus (R), Fun Fone (TM), F\,m Tunnel (R), Funnel Tunnel (TM), Funshades (TM), Gator Grip (R), Gemini (TM), Grizz-Lee Bear (R), Groove (TM), Groove II (R) Slide, Hang-A-Round (R), Jet Ski (R), Kidrox (R), Kids' Choice (R), Kids' Perch (TM), Legacy Cantilever (R), Legacy Contempo (TM), Legacy Heritage (R), Libra (R), Mega Tower (R), Miracle (R), Miracle Recreation (R), MiracleTech (TM), Mira-Cote (R), Mira-Lam (TM), Mira-Lene (TM), Mira-Therm (TM), Mogul (TM), Mountain Trail (R), N-Dure Cycle (TM), Nexus (R), Observation Deck (R), Offspring (TM), OrbX (R), ParkWatch (TM), Pegasus (R), Perma-Guard (TM), Perseus (TM), Play Cover (R), Play Terrain (R), Power Pedaler (TM), Pull Up!Lift (TM), Rainbow Bend (TM), Relay Racer (TM), Rock-ite (R), Rodeo Rocky (TM), Schnozz Womp (TM), Serpent Trek (TM), SiteBrite (TM), Sneak-A-View (TM), SonicScreen (TM), Spray Stations (R), Sun Sparkle (TM), Surfer (R), Tensile Tough (TM), Tensile Tower (TM), Thunder Tunnel (TM), Timber Topper (TM), Toboggan (TM), Toddlers' Choice (R), Tots' Choice (R), Tots' Choice (R) Expansion, Trim Timber (R), Triple Play (TM), Typhoon (TM), Versalok (R), View Groove (TM), Wavy Waffle W<lll Walker (TM), Webscapes (R), Whiriwind (TM), Xcalator (R), and X-Cavator (TM) are trademarks of Miracle Recreation Equipment Company. Tomado (TM), MultiPondo (TM), and Pirouette (TM) are trademarks of HAGS (TM). Miracle and HAGS are divisions of PlayPower, Inc. PlayPower (R) is a trademark of PlayPower, Inc.

QUALITY SYSTEM CERTIFICATION The manufacture(s quality system is certified to ISO 9001 since December 1998.

PRODUCT CHANGES At Miracle Recreation Equipment Company, we strive for the utmost in quality and safety in our entire product line. Therefore, in order to honor this commitment to you, our customers, we reserve the right to make changes on any product released and/or published in our annual catalog and other promotional or technical literature.

WARRANTY

Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:

1. LIMITED ONE HUNDRED (100) YEAR WARRANTY against structural failure due to weather conrosion or defects in materials and workmanship on aluminum deck posts, steel deck posts, the VersaLok (R) fastening system and associated fastening hardware.

2. LIMITED FIFTEEN (15) YEAR WARRANTY against structural failure due to weather corrosion or defects in materials and workmanship on steel support legs and Mira-Therm (TM) 2 on MEGA TOWER (R), TOTS' CHOICE (R), KIDS' CHOICE (R), CENTER STAGE (R), NEXUS (R) and Boulder Ridge (R) Rock Wall; on playsystem steel components including railings, rungs, and rigid climbers; and Rock-ite (R).

3. LIMITED TEN (10) YEAR WARRANTY against structural failure due to weather corrosion or defects in materials and workmanship on all PlayCover (R) steel frames.

4. LIMITED TEN (10) YEAR WARRANTY on Play Terrain (R) Rubber Mulch safety surfacing against total color loss and attenuation performance. Please contact your local representative for more information.

5. LIMITED EIGHT (8) YEAR WARRANTY on Play Terrain (R) Synthetic Turf safety surfacing for attenuation performance and appearance. Please contact your local representative for more information.

6. LIMITED FIVE (5) YEAR WARRANTY against rot, UV deterioration and defects in materials and workmanship on all PlayCover (R) fabric (NOTE EXCEPTION - shades of red carry LIMITED THREE (3) YEAR WARRANTY).

7. LIMITED FIVE (5) YEAR WARRANTY against structural failure due to defects in materials or workmanship on Kidrox (R) Climbing Rocks.

8. LIMITED FIVE (5) YEAR WARRANTY against degradation of design loading capabilities on all Webscapes (R) Net Climbers and Nexus (R) Nets (NOTE EXCEPTION - Webscapes (R) Net Climbers and Nexus (R) Nets carry a LIMITED ONE (1) YEAR WARRANTY against defects in materials and workmanship.

9. LIMITED THREE (3) YEAR WARRANTY against structural failure due to defects in materials or workmanship on Trim Timbers (TM).

10. LIMITED ONE (1) YEAR WARRANTY against failure due to defects in materials or workmanship on Slash proof Swing Seats and 360· Bucket Tot Seats for Swings.

11. LIMITED ONE (1) YEAR WARRANTY against structural failure due to defects in materials and workmanship on the following products and components: TODDLERS' CHOICE (R) main support materials and decks; pool slide support structures, stairways, landings and railings; and bleachers.

12. LIMITED ONE (1) YEAR WARRANTY against structural failure due to defects in materials and workmanship on all MiracieTech (TM) Security products, including ParkWatch (TM), SonicScreen (TM) and SiteBrite (TM).

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13. LIMITED ONE (1) YEAR WARRANTY against structural failure due to defects in materials and workmanship for all products and components that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers, swivels, chains, whirls, trolleys and flexible climbers.

BUYER'S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle will within a reasonable time and in its sole discretion repair or replace such defective or non-conforming product by providing replacement products or part(s) free of charge to the site. Miracle's limited warranties do not cover the cost of labor to remove defective or non-conforming part(s) or to install repaired or replacement part(s).

All warranty periods begin on the date of Miracle's invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty. All warranties extend only to the original Buyer/end user of products from Miracle or Miracle's authorized reseller and are not transferrable.

These limited warranties apply only to Miracle products that are erected and installed in conformance with Miracle's installation instructions, and that are maintained and inspected in conformance with Miracle's maintenance and operational instructions. These limited warranties specifically do not cover Miracle products: that have been modified, altered, or misused; that have not been used as designed or intended; to which non-Miracle parts have been added or substituted; or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, extraordinary weather or acts of God. MiracleTech Security (TM) systems limited warranties do not cover products serviced or repaired by unauthorized service providers. These limited warranties do not protect against color fade, except for PlayCover (R) as noted above. Buyer, by acceptance and use of these limited warranties, waives any rights it would otherwise have to claim or assert that this limited warranty fails of its essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri.

EXCEPT AS EXPRESSLY WARRANTED HEREIN, MIRACLE EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT SHALL MIRACLE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR OTHER PECUNIARY LOSS).

Consult Miracle's "Glossary of Technical Data for Materials, Processes and Finishes' for speCifications of items listed in bold type.

• TOTS' CHOICE MIRA-THERM2 DECKS shall include Model # 718-501-9, a three-sided equilateral triangle deck, requiring three posts, with a deck top surface area of 5.3 square feet Model # 718-502-9, a four-sided square deck, requiring four posts, with a deck top surface area of 12.2 square feet Model # 718-503-9, a four-sided trapezoid deck designed for use with another of its kind to form a large hexagon deck, and also for use (only) with Model # 714-no~ and # 714-nO-9 ("Flippo" components), requiring four posts, with a deck top surface area of 15.9 square feet; and Model # 718-504-9, a four-sided trapezoid deck designed (only) for attachment of standard Tots' Choice components, requiring five posts, with a deck top surface area of 15.9 square feet. Posts for deck assemblies must be ordered separately.

Model # 718-511-9 shall be an isosceles triangle split deck (single section) designed to serve as a step platform for lower deck heights: 18" or lower for 2-5 year aids, and 30" or lower for 5-12 year aids. All other Model # 718-511-X9 split decks shall feature two triangular deck sections which shall be mounted between four posts at different heights so that a 6', 12", 18", or 24" (X) rise shall be formed along the hypotenuse between two posts. Models which rise greater than 6" shall contain a riser plate; models which rise greater than 12" shall also contain an arched enclosure assembly. The deck top surface area of split deck models shall be 6.125 sq. fl. each for both sections, or total 12.25 sq. fl. Riser plates shall be constructed of 11 gao A-60 Galvannealed sheet risers for 18" and 24' rises shall contain a rung and vertical supports of 1" tube, solid welded, all finished in MiraCote. The loop enclosure assembly accompanying models which rise 18" and 24" shall comprise two top supports, an arched upright and Infill constructed of 1" tube, and finished in Mira-Cote.

The decks shall be designed on a 3'-6" center-to-center spacing on all deck posts. Deck-ta-post connections shall be made with a deck support clamp. The decks shall be designed for maximum flexibility in height of deck surface from 0" to 6'-0", in 6' increments, although 3'-0", 5'-0' and 6'-0" shall be considered standard deck heights. All decks shall be designed to attach to the 3-1/2' diameter posts or arches at equal or varied heights. All deck connections shall be made from beneath the deck with no exposed fasteners on the deck perimeter.

All decks shall be constructed with folded 11 gao steel sheet forming 3" tall sides. Decking sheets shall be perforated with a staggered pattern of 3/8' diameter holes at 5/8" apart center-to-renter. The decking shall have 3/16" x 1-1/2" flat steel braces. The entire assembly shall be solid welded prior to polyvinyl coating. Deck assemblies shall contain Versalok Fasteners and Fastener Style A hardware. Deck surfaces shall have a Mira-Therm2 or Mira-Therm PE finish. Clamps shall have a Mira-Cote finish.

• TOTS' CHOICE STEEL POSTS: The steel posts shall be constructed of 3-1/2" tube with 3-1/2" round end caps mechanically fastened to the top end. Posts for roof attachment shall not receive end caps. After fabrication, all posts and end caps shall have a Mira-Cote finish.

• SQUARE ROOF - SHINGLE: The roof for Model # 718-8614 shall measure 60" square by 32" high, center. Model # 718-8614 shall have a shingle pattern and shall be constructed of double wall Rockite. The roof shall attach to the top of the posts with four roof brackets. The roof brackets shall be constructed of 3-1/4" tube welded to a trapezoid shaped plate made of 11 gao A-SO Galvannealed. A loop guard of 3 gao galvanized wire shall be attached at top. The roof bracket assemblies shall be solid welded. Minimum roof clearance shall be 72" from deck surface to roof edge. The Rockite roof shall have molded in color. The roof brackets shall have a Mira-Cote finish.

• MOGUL & GROOVE SLiOES shall be oneopiece wave and straight slides respectively, with a sit-down canopy for deck attachment. Mogul and Groove Slides shall be designed to attach to decks of several heights with corresponding bedway lengths: 4' deck models shall have bedways 8'.{l' long; 6'.{l" deck models shall have bedways 13'.{l" long; and 8' deck models shall have bedways 16' long. The one-piece slides and canopy shall be constructed of double wall Rockite and shall have 6" high side rails with a 26" long exit bedway, an overall width of 25", and an 18" wide sliding surface. The rung for canopy panel attachment shall be constructed of 1" pipe. The front leg and middle leg each shall be constructed of a vertical 2" pipe welded to an 11 gao A-SO Galvannealed mounting bracket. The assembly shall contain Versalok Fasteners and Fastener Style A hardware. The legs, rungs and clamps shall have a Mira-Cote finish. The Rockite slides and canopy shall have molded in color.

• MIRA-THERM2 SQUARE TRANSFER POINTS shall be designed to assist disabled users gain access to and egress from a deck system. The stair assembly shall be constructed of 11 gao steel stringers solid welded to 11 gao steel sheet decking that is perforated in a staggered pattem of 3/8" diameter holes at 5/6" apart center-to-center. Approximate dimensions of stair assembly shall be 26" overall Width, 14" deep step tread and 8" high step rise. The 26" square (approximate) transfer point shall be constructed of 11 gao steel sheet folded to form approximately 3" high sidewalls. The decking shall be perforated as described above. It shall be reinforced with cross braces of 3/16" x 2' HR flat solid welded. The bottom step shall be constructed of 11 gao steel sheet (with folded edges) perforated as described above. The step shall be approximately 26" wide by 14" deep by 6-1/2" high. Kids' Choice deck enclosures shall be constructed of formed 1" pipe, including a welded upright of the same material. Tots' Choice deck enclosures shall be constructed of 1" pipe and a formed and welded upright of 1" tube. Each deck enclosure assembly shall be drilled for field assembly of a stair handrail, and shall have its bottom end mashed and punched for field assembly to deck. Stair handrail assemblies shall be welded upper and lower handrails of formed 1" pipe. Closed handrails shall contain vertical uprights of 314" x 1" oval tulHi welded within. Swaged handrail extensions for field assembly to handrails shall be constructed of 1" pipe. A transfer deck handrail constructed of formed 1" pipe shall be field assembled to one handrail newel upright and transfer point deck edge. Models designed for assembly to 5' and 6' or 6'-6" decks shall contain handrail sleeve supports constructed of 1_1/4" pipe, 10 gao The 'U"-shaped transfer step handrail shall be formed 1" pipe, drilled for field assembly to transfer point deck and bottom step. Its apex shall be 36-1/8" from finished grade. The rung leg shall be 1" pipe with ends mashed and punched for field assembly to bottom step. The assembly shall contain Versalok Fasteners and Fastener Style A hardware. The stairs, bottom step, and transfer point deck shall be finished in Mira-Therm2 or Mlra-Therm PE. The deck enclosures, handrails, extensions, sleeves, leg and clamps shall be finished in Mira-Cote.

• VERTICAL LAODERILOOK-OUT LADDER shall be designed for use as an entrance and exit for decks of various heights. Each assembly shall consist of side rails and rungs constructed of 1" pipe, all solid welded. Models shall have threaded inserts in the ends of the side rails and an arch enclosure. The Kids' Choice enclosure assembly shall consist of top supports, a bottom support, and an arched upright constructed of 1" pipe, formed, mashed and punched, and vertical infill of 314" x 1" oval tube with mounting tabs of 7 gao sheet, all solid welded. The Tots' Choice enclosure assembly shall comprise top supports and an arch upright of 1" pipe, spoked infill of 1" tube with mounting tabs of 7 gao sheet all solid welded. The ladders and enclosure assemblies shall have a Mira-Cote finish.

• CARGO CLIMBER shall be available with and without side handholds, and shall consist of a bracket constructed of 11 gao sheet and rungs constructed of 1" tube connected by four vertical supports of 4/0 straight link coil chain. The rungs shall be welded to the chain. The chain shall be attached to an anchor and the bracket by 5/16" 'S'-hooks. The cargo climber for 5' deck shall be 83-11/16' in length; for 3' deck, 50-5/8'; and for 4' deck, 67-5/16'. All models shall include a horizontal handhold rung. The 36-1/2' handhold rung shall be constructed of 1" tube. The anchor shall be constructed of 1" pipe, formed, with four "U" shaped loops of 5/16" diameter wire welded at a 40 degree angle from the top. The side hand holds shall be constructed of 1" pipe, drilled and formed, with 3/8' aluminum inserts. The horizontal handhold rung, side hand holds, and anchor shall have a Mira-Cote finish. The bracket, climber rungs, and chain shall have a Mira-Therm finish.

• CURVED LOOP CLIMBERS/UPHILL CLIMBER shall be ground-to-deck climbers, or uphill climber may also be used as a deckoto-deck model, rising either 6' or 8'. The side rails shall be curved 1-112" pipe with blind fasteners inside top end, with curved rungs constructed of 1" tube, die formed and welded to side rails (except Tots' Choice CUNed loop climber models which shall have side rails of CUNed 1" pipe). The deck enclosure assembly for Kids' Choice models shall consist of top supports, a bottom support, an outer upright, and an arched upright, which shall be constructed of 1" pipe, formed, mashed and punched, and vertical rungs which shall be constructed of 3/4" x 1" oval tube with bolting tabs of 11 gao sheet. The enclosure assembly for Tots' Choice models shall consist of top supports and an arched upright, which shall be constructed of 1" tube formed, mashed and punched. For all systems, the deck enclosure shall be solid welded. Loop climber and hand holds shall have a Mira-Cote finish.

• 45 DEGREE SLOPED CLIMBING WALL challenges users to ascend or descend by grasping and stepping upon stubs, and shall be designed for mounting to 3' and 4' decks. The panel sections shall be constructed of sheets of Mira-Lene. The climbing holds shall be constructed of molded sand and polyester resin mixture. The frame shall comprise vertical outer rails constructed of 11 ga., 2" square tube, solid welded to horizontal support rails of 1-112" square tube and 11 gao galvanized, 10 112" x 3" rectangular tube. Leg extensions measuring 24" shall be constructed of 14 gao galvanized, 1-3/4" square tube. The fill block shall be folded 11 gao steel sheet. perforated with a staggered pattem of 3/8" diameter holes at 5/8" apart, centeroto-center, solid welded with 7 gao x 2" flat steel braces. The Kids' Choice model shall contain an arch entry enclosure, and the Tots' Choice model shall contain a loop enclosure, each consisting of a frame (top and inside support rails), an arched upright, and vertical rails within the frame. The rails shall be constructed of 1" pipe and the archway and vertical rungs shall be constructed of 3/4" x 1" oval tube (except for Tots' Choice which shall be 1" tube), all solid welded. The assembly shall contain Versalok Fasteners and Fastener Style A hardware. The panel sections and holds shall have color molded in. The frame, enclosure, and clamps shall be finished in Mira-Cote. The fill block shall be finished in Mira-Therm2 or Mira-Therm PE. The legs shall have a galvanized finish.

• FUN FONE shall consist of a simple tube and mouthpiece system designed to allow children to talk to each other from a given distance. The mouthpiece support tube assembly shall be constructed of 2" Sch 40 pipe. The mouthpiece shall be made of 16 gao galvanized steel sheet. The connecting stub shall be made of 1" pipe. The tube assemblies shall be solid welded. The 1" 1.0. tube shall be 50' long and constructed of polyethylene. The steel post for Model # 714-994-1 shall be constructed of 5" tube, 11 gao The aluminum post for Model # 714-994-12 shall be

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constructed of 5" aluminum tUbe. The steel post for Model # 714-994-13 shall be constructed of 5" tube. Each shall have a 5" round end cap pressed into its top end. The post shall measure 76" long before the end cap. Some Tots' Choice models shall contain a 70" post (before endcap) of 3·1/2'~tube or 3-1/2" aluminum tube with 3-1/2" round end cap for field attachment of Fun Fones. The posts and Fun Fane tube assembly shall have a Mira-Cote finish.

• TARANTULA CLIMBER shall comprise a horizontal top ring of two rails with rungs, four vertical support legs attached to ring's inner rail and four vertical climberlladder assemblies attached to ring's outer rail, providing a variety of climbing challenges for all skill levels. The horizontal top ring shall comprise rungs of 1 H tube solid welded to formed inner and outer rails of 1-1/2" pipe. The rails shall contain welded stubs of swaged 1-112" pipe and sleeves of 1-114" pipe for field attachment of legs and climbers respectively. The legs shall be constructed of drilled 1-1/2" pipe. Each climber assembly shall contain factory-installed threaded aluminum inserts in its swaged ends for field attachment to the ring. Each climber shall have side rails constructed of 1-1/4" pipe, with formed rungs solid welded between them. Cliff climber rungs shall be 1" pipe. Canyon climber, vertical ladder, and curved loop climber rungs shall be 1" tube. All hardware shall be Fastener Style A. The ring, legs and climbers shall be finished in Mira-Cote.

• STEERING WHEEL, POST MOUNT shall be designed to provide driving stimulation on any pre-existing deck post. The steering wheel shall be constructed of a high-density blow-molded polyethylene produced from high performance, U.V. stabilized resins with a comprehensive additive package. These resins shall be tested in accordance with ASTM testing procedures 0-1505. 0-1248, D-1693(b), 0- 638, 0-790 and 0-746. Resin's properties shall exhibit a balance of toughness, rigidity, environmental stress crack resistance and excellent low temperature impact performance. Wall thickness shall be 1/8'. The steering wheel hub cover shall be constructed of Injection-molded polypropylene which shall contain U.V. light stabilizers. The Steering Column shall be constructed of 2" pipe. The assembly shall contain Fastener Style A hardware. The Steering Column shall have a Mira-Cote finish.

• BELL, POST MOUNT shall be designed to provide noisy, imaginative play to any pre-existing deck post. The Bell Assembly shall consist of a Bell, A Bell Support. a 6-link Chain, and eyebo~, and Fastener Style A hardware. The Bell shall be constructed of A-60 Galvannealed. The Bell Support shall be constructed of 1" pipe, Gator Grip. The Bell Chain shall be constructed of 4/0 straight link coil chain. The Bell shall have a Mira-Cote finish.

Technical Data for Processes and Finishes of the Highlighted Items

• aluminum alloy conforms to the following: ASTM 356, ANSI 322, Chrysler MS 2417 and General Motors GM 4323-M. Parts or components constructed of aluminum alloy are either sand cast or die cast. Sand cast aluminum al/oy is 319 with tensile strength of 27,000 p.s.i. and yield strength of 18,000 p.s.i. Die cast aluminum al/oy is 383.1 with tensile strength of 45,000 p.s.i. and yield strength of 22,000 p.s.i.

• 410 straight link coil chain is hot dipped galvanized with a 670 pound working load limit. All chain shall be manufactured to ASTM A467.g6A Class CS specifications.

• Mira-Therm 2 coated chain is a welded chain with links sufficienUy wide to allow them to pass one another freely, eliminating the tendency to kink. The links are low carbon zinc plated steel with a polyvinyl chloride coating.

• Versalok Fasteners (R) are cast aluminum alloy. Each fastener consists of two die cast aluminum alloy 'half ring' pieces, which were designed to fasten onto the round posts by use of a malelfemale interlock. For 3-1/2' post, outside dimension of the completed fastener Gained 'half-rings') is 5'. For 5' post, outside dimension of the completed fastener is 6-112'. Rungs and components connect to clamps on posts by means of die cast aluminum alloy, two-piece socket receptors which may be assembled to a previously-installed clamp ring and secured to the clamp and component by set screws (and tek screws in some cases). Decks connect to clamps on posts by means of die cast aluminum alloy, one-piece deck support castings. The clamp assembly and socket receptor have a Mira-Cote finish. Kids' Choice components with 2" pipe mounting points attach to 5' posts using aluminum alloy sand cast header supports.

• 3-1/2" round end cap is die cast aluminum alloy.

• 5" round end cap is die cast aluminum alloy.

• Fastener Style A is a corrosion resistant, 18.g, stainless steel, vandal resistant fastener.

• Flo-Coat (R) is a patented triple coat corrosion protection process of Allied Tube and Conduit's Mechanical Tube Division, wherein steel pipe or tube first receives a hot-dipped uniform zinc galvanized coating followed by a conversion coating followed by a clear, high performance organic polymer coating. The interior of the tube has an 81% minimum zinc rich primer applied, capable of providing excellent rust protection and fabrication characteristics. All coatings are applied inside and out after welding. Flo-Coat processed tube exceeds the test results of galvanized Sch 40 pipe in salt spray tests conducted in accordance with ASTM B-117. The term "Flo-Coar' is a registered trademark of Allied Tube and Conduit, used with permission.

, • GATOR GRIP (TM) is a three dimensional textured pattem exclusive to Miracle, embossed in steel to a depth of .014" to .017".

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• A-60 Galvannealed indicates that a coating of .60 ounces of zinc per square foot alloyed with substrate steel has been applied on each surface side.

• Mira-Cote (TM) is a Super Ourable formulation of a polyester powder coating finish that is applied to a thickness of 3-5 mil. This finish gives metal parts long term protection from chipping, fading and peeling. Miracle's finishing system washes the metal parts with detergent and etches the metal for optimum adhesion. The part is then rinsed clean with water. Next the part is coated with a non-chromic sealer and dried. The Mira-Cote powder is then applied electrostatically to the metal part. The metal parts are then baked at a high temperature to fuse a hard, smooth durable finish to the metal. Mira-Cote has an impact value of 160 in. Ibs., flexibility value of 180 degrees-1/4" mandrel, shore hardness value H and a crosshatch adhesion of 100%. Mira-Cote is tested in accordance with ASTM 0-792, 0-523, 0-2794, 0-1737, 0-3363, 0-3359 (b), B117 and 0-2247. Mira-Cote will withstand over a 1,500 hours of salt spray exposure and 1,500 hours of weatherometer testing with minimal loss of gloss and color.

• Mira-Lene (TM) is compression-molded, 3/4" thick, high density polyethylene that has been specifically formulated for optimum U.V. stability and color retention. Compression-molded products have a density of .952 g/cm3 per ASTM 01505 and tensile strength of 3900 PSI per ASTM 0638.

• Mira·Therm2 is a polyvinyl chloride coating applied to a thickness of 1/16" to 1/8". Primed metal parts are heated and then dipped in a vinyl plastisol solution. As the vinyl plastisol is heated, fusion takes place and the liquid is converted Into a tough, homogenous mass with excellent abrasion, aging, corrosion and electrical resistance. Mira-Therin2 contains U.V. light stabilizers, anti-microbial additives and color pigments. MiraTherm2 contains no orthopthalates or other banned substances. Mira-Therm2 is a proprietary brand of polyvinyl. Materials are tested in accordance with ASTM 0.Q38, ASTM 0412, ASTM 0-2240 and ASTM 0-1004. Mira-Therm2 meets the FMVS 302 flammability rating, the requirements of Califomia State Law and the 2008 CPSI Act.

• Mira·Therm PE is a non-toxic copolymer polyethylene coating applied to a thickness of 1/16". Mira-Therm PE contains U.v.light stabilizers, antimicrobial additives and color pigments. Mira-Therm PE contains no orthopthalates or other banned substances. Mira-Therm PE is a proprietary brand of PE coating. Materials are tested in accordance with ASTM 0.Q38, ASTM 0412, ASTM 0-2240 and ASTM 0-1004. Mira-Therm PE meets the FMVS 302 flammability rating, the requirements of Califomia State Law and the 2008 CPS I Act.

• pipe sized tube is 1010 hot rolled, Flo-Coat, galvanized pipe manufactured from steel, cold formed and high frequency induction welded continuously. It conforms to ASTM A-135 and ASTM A-500 and is tested in accordance with ASTM E-8.

• schedule 40 galvanized pipe consists of a hot dip process of coating the pipe inside and out with not less than 1.6 ounces per square foot with an average of 1.8 ounces per square fool. Schedule 40 pipe conforms to ASTM standards A-53.

• 1" pipe is GATOR GRIP embossed 14 ga., 1" pipe sized tube (1.315" 00; approx. 1-5/16" 00.)

.1-1/4" pipe is 13 ga., 1-1/4" pipe sized tube (1.660" 00; approx. 1-11/16" 00.)

.1·1/4" pipe, 10 gao is 10 ga., 1-1/4" pipe sized tube (1.660" 00; approx. 1-11/16" 00.)

.1-1/2" pipe is 13 ga., 1-1/2" pipe sized tube (1.900" 00; approx. 1-7/8" 00.)

• 2" pipe is 12 ga., 2" pipe sized tube (2.375" 00; approx. 2-3/8" 00.)

• 2" Sch 40 pipe is 2" schedule 40 galvanized pipe (2.375" 00; approx. 2-3/8" 00.)

• Rockite (R) (Rotational Molded Polyethylene) is a low density polyethylene produced from high performance, U.V. stabilized rotational molding grade resins with a comprehensive additive package. These resins are tested in accordance with ASTM testing procedures 0-1505. 0-1248, 0-1693(b), 0- 638, 0-790 and 0-746. Resin's properties exhibit a balance of toughness, rigidity, environmental stress crack resistance and excellent low temperature impact performance. Wall thickness of molded components is 3/16" to 1/4".

• round tube is fabricated of 1010 hot rolled, Flo·Coat, galvanized tube manufactured from steel, cold formed and high frequency induction welded continuously. It conforms to ASTM A-135 and ASTM A-500 and is tested in accordance with ASTM E-8. The minimum mechanical properties of the tube are yield strength of 50,000 p.sJ. and tensile strength of 55,000 p.sJ.

• square tube is fabricated of 1010 hot rolled, Flo-Coat, galvanized tube manufactured from steel, cold formed and high frequency induction welded continuously. It conforms to ASTM A-135 and ASTM A-500 and is tested in accordance with ASTM E-8. The minimum mechanical properties of the tube are yield strength of 50,000 p.s.i. and tensile strength of 55,000 p.s.i.

• 3·1/2" aluminum tube is a 3.5" 0.0. (.125 wall) aluminum post that receives a five stage oxidation wash prior to painting. This 6005-T5 alloy and temper extruded aluminum tube conforms to ASTM-B-221 and QQ-A-200/8 with yield strength of 35,000 p.sJ. and tensile strength of 38,000 p.sJ.

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• 5" ~Iuminum tube is a 5' 0.0. (.125 wall) aluminum post that receives a five stage oxidation wash prior to painting. This 6005-T5 alloy and temper extruded aluminum tube conforms to ASTM-8-221 and QQ-A-200/8 with yield strength of 35,000 p.s.i. and tensile strength of 38,000 p.s.i.

• 3/4" x 1" oval tube is 15 gao wall. It is fabricated of 1008 hot rolled, Flo-Coat, galvanized tube manufactured from steel, cold formed and high frequency induction welded continuously. It conforms to ASTM A-135 and ASTM A-500 and is tested in accordance with ASTM E-8. The minimum mechanical properties of the tube are yield strength of 50,000 p.s.i. and tensile strength of 55,000 p.s.i.

• 1·112" square tube is 16ga., 1-1/2" square tube.

• 1" tube is 1" 00, 15 gao flutild round tube. It conforms to ASTM A-500 .

• 3·114" tube is 3-1/4" 00,16 gao round tube. It conforms to ASTM A-500.

• 3·112" tube is 3-1/2" 00, 13 gao round tUbe. It conforms to ASTM A-5OD.

• 5" tube is 5' 00, 13 gao round tUbe. It conforms to ASTM A-500.

• 5" tube, 11 gao is 5" 00, 11 gao round tube. It conforms to ASTM A-500.

• welded refers to welds that are made by certified welders, tested in accordance with AWS 01.1-94, structural welding code specifications for steel. Welds conform to AWS A5.17 ASME SFA-5.17 EML3K and AWS A-5.18ER70S-3 ASME SFA-5.18 ER70s-3 LE332- C and LE-559-L.

• Specification Policy: Specifications were current at the time of publication. Miracle Recreation Equipment Company has a policy of ongoing product improvement and therefore reselVes the right to modify specifications or discontinue products without notice.

-" . "

.. ;'

DIVISION 2 SECTION 02880

PLAY FIELD EQUIPMENT & STRUCTURES - CRESTHILLS PARK

PART 1. GENERAL

1.A. SCOPE

1.A.1. Furnish labor, material and equipment necessary for the provision and installation of the playground equipment, structure or modular unit as shown on the drawings and specified herein.

1.A.2. Work shall include but not limited to the following: excavation, layout, and the provision and installation of playground equipment, structure or modular unit in accordance with the manufacturer's installation instructions, including all appurtenances and accessories as required for a full and complete installation.

1.B. SUBMITTALS

1.B.1. Product Data: The Contractor shall·submit within ten calendar days after receipt of Notice to Proceed two complete sets of the material and equipment submittals, including:

Play equipment manufacturer and manufacturer's representative's name(s} and address(es);

Plan view drawings with model numbers, descriptive labels (including component names,) deck heights, and notations of compliance with CPSC, ASTM F1487-01 and ADA;

Detailed component list with model numbers and catalog descriptions;

Color chart;

Written material specifications for all components;

IPEMA certification certificate from the IPEMA website;

Copy of manufacturer's warranty in certificate format;

Copy of manufacturer's ISO 9001 Certification.

1.B.2. Approval of the submittals shall be the Contractor's authorization to order the required material and equipment. There will be no deviation from the approved submittals without the written authorization of the Owner's representative.

1.C. PRODUCTS

1.C.1. PRODUCTS: The layout shown in the plan view is based upon equipment and measurements from Miracle Recreation Equipment Company. Acceptable manufacturers include Miracle Recreation or equal. Other products may be considered equal if all of the parameters, specifications and design intent of the drawings are met. Miracle Recreation can

_ ..

. "

be contacted at 1-800-303-7529 (Phone), 1-831-659-7226 (Fax), or [email protected] (Email.) •

',: 1.C.2. Design and Fabrication: Playground equipment, structure or modular unit submitted for consideration shall be equivalent in design, layout, deck size, post size, clamping/fastening system, deck/slide/climber height, ADA accessibility, appearance, color and construction detail to playground equipment specified in the drawings. Reasonable variations in size/height (no more than +/- 10%) and manufacturer's standard colors may be allowed at the Owner's discretion. Color schemes are to match as closely as possible to the originally specified colors. Play value and safety features of components must be equal or superior to specified design as judged by the Owner or Owner's representative.

1.C.3. Modification: Any expense of modification, adjustment or revision required to ensure compliance of furnished equipment to specified equipment and playground design shall be the sole expense and responsibility of the Contractor.

1.0. PLAYGROUND SAFETY STANDARDS AND QUALITY ASSURANCE

1.0.1. All products shall bear the certification seal of the International Play Equipment Manufacturers Association (IPEMA). All designs shall meet or exceed the Americans with Disabilities Act (ADA) "Final Accessibility Guidelines for Play Areas" regulations as published on October 18, 2000. All manufacturers must be ISO 9001 certified.

1.E. REFERENCES AND STANDARDS

1.E.1. ASTM: American Society for Testing and Materials

1.E.2. CPSC: Consumer Product Safety Commission

1.E.3. IPEMA: International Playground Equipment Manufacturers Association

1.E.4. ADA: Americans with Disabilities Act

1.E.5. ISO: International Organization for Standardization

1.E.6. CPSI: Certified Playground Safety Inspector

1.F. WARRANTY/GUARANTEE

1.F.1. The equipment manufacturer shall warrant material and workmanship against defects, from the date of manufacturer's invoice, for the period of time as follows:

LIMITED ONE HUNDRED (100) YEAR WARRANTY against structural failure due to weather corrosion or defects in materials and workmanship on aluminum deck posts, steel deck posts, clamping/fastening (Versalok®), and associated fastening hardware.

LIMITED FIFTEEN (15) YEAR WARRANTY against structural failure due to weather corrosion or defects in materials and workmanship on steel support legs and Mira-Therm ™ " components on MEGA TOWER®, TOTS' CHOICE®, KIDS' CHOICE®, CENTER STAGE®, Nexus® and Boulder Ridge® Rock Wall; on playsystem steel components including railings, rungs, and rigid climbers, and Rockite® .

-", -'\., _.' ,

LIMITED ONE (1) YEAR WARRANTY against structural failure caused by defective materials or defective workmanship on TODDLERS' CHOICE® main support materials and decks.

LIMITED ONE (1) YEAR WARRANTY structural failure caused by defective materials or defective workmanship on Slashproof Seats and 360 degree Bucket Tot Seats for Swings.

LIMITED ONE (1) YEAR WARRANTY against structural failure due to defects in materials and workmanship for all products and components that are not specifically listed above, including, without limitation, all moving parts such as swing hangers, swivels, chains, whirls, trolleys and flexible climbers.

Repaired or replacement part(s) are only warranted for the balance of the original limited warranty.

These limited warranties do not include fading of colors, damage due to excessive wear and tear, vandalism, or negligence. These warranties are valid only if products are installed according to manufacturer's installation instructions.

1.F.2. The Contractor shall guarantee installation workmanship for a period of one year from the date of Substantial Completion of the Project. The Contractor shall be responsible for

- coordinating manufacturer material warranty items with the manufacturer/distributor and for the installation of replacement material(s) at no additional cost to the Owner.

1.F.3. Provide copy of Contractor's installation warranty on company letterhead.

" PART 2. MATERIALS

2.A. EQUIPMENT: See drawings for type, style, configuration, size and height of playground equipment, structure or modular unit to be provided.

2.B. COLOR SCHEDULES: See drawings for the color schedules of the various elements of playground equipment, structure or modular unit to be provided.

2.C. SPECIFICATIONS/COMPONENTS:

2.C.1. Designs and specifications are based upon equipment from Miracle Recreation Equipment Company. Equals will be considered against this standard of quality and design and will be determined at the Owner's discretion.

2.C.2. COMPONENT LIST:

Qty Model No. Description

1 3 2 2

4561 7185029 7185493 7185494

-,' -

TARANTULA CLIMBER SQUARE DECK (ATIACHES TO 4 POSTS) 3 1/2" 00 X 106" POST (3' DECK) 3 1/2" 00 X 118" POST (4' DECK)

-,' .

4 1 1 1 1 1 1 1 1 1 1 1 1 1

718573 71S7264 7187274 71875734 718796P1 718815 71885139 7188614 718900P1 7189071 718968 718994 718994Z 7189961

PART 3.

INSTALLATION

3 1/2" 00 X 162" POST FOR ROOF (3'6" TO 5'DK) MOGUL SLIDE-ONE PIECE (4' DECK) GROOVE SLIDE-ONE PIECE (4' DECK) 45 DEG SLOPED CLIMBING WALL (3' & 4' DECK) BELL (POST MOUNT) VERTICAL LADDER CLIMBER (5' DECK) SQUARE TRANSFER POINT W/CLOSED HR (3' DECK) 60" SQUARE ROOF-SHINGLE, DOUBLE WALL STEERING WHEEL (POST MOUNT) "L" SLIDE RH W/CANOPY (3' DECK) CURVED LOOP CLIMBER (3' OR 4' DECK) FUN FONE PAIR (2 FONES) FUN FONE PRICE INCLUDED IN 718994 CARGO CLIMBER W/HANDRAILS (3' DECK)

3.A. INSTALLATION

3.A.1. Instructions: Explicit, printed installation instructions, written in English, shall be provided by the manufacturer, which shall include detailed, scaled plan views, elevations, and footing drawings and details when applicable, as well as sequential assembly instructions to assure proper installation of the playground equipment, structure or modular unit.

3.A.2. Equipment must be installed by a manufacturer-certified installer and must be installed in accordance with the manufacturer's installation instructions. Installation crew leader must be CPSI-certified. If not installed by a manufacturer-certified installer, the equipment shall be inspected after installation by a CPSI not employed by the installer and signed off by said CPS I before the playground is opened for first use.

3.A.3. Close Out: Contractor shall provide the Owner with one copy of complete manufacturer's installation instructions and maintenance kit if provided. Most manufacturers send at least two sets of installation manuals with each order. Additional sets of installation instructions should be purchased from the manufacturer if originals are lost or damaged. It is the Contractor's responsibility to secure the installation instructions from the installer. Miracle Recreation mails one complete set of installation instructions directly to the Owner, and the Contractor ·shall not be required to supply additional sets to the Owner.

3.A.4. Clean-up: The site shall be kept clean and free of tools, trash, debris and installation materials on a daily basis. Material may be stored on site during installation with appropriate protective measures and approval by the Owner's representative.

ISof'SolutionSM

IRECREATION SURFACING

Sof'Fall Engineered Wood Fiber Exceeding Playground Requirements. . . . . . . . . . .. 2-3

Testing Information. . . . . . .. 4-5

System Specifications . . . .. 6-7

Installation Instructions & Low Maintenance Strategies 8-9

Insurance - Warranty. . . . .. 10

Questions & Answers. . . . .. 11

Sof'Fall® -'L.. __ ~ENGINEERED WOOD FIBER , THE NATURAL CHOICE,

LIMITING PLAYGROUND INJURIES!

One of the most important considerations in the planning and installation of a playground is the ...

Playground Surfacing Materials Protective surfacing is one of the most critical safety factors in the design, development and maintenance of playgrounds.

Sof'Fall Engineered Wood Fiber is designed to effectively help limit playground injuries. According to the Federation of America: "protective surfacing is the most critical safety factor on playgrounds. Approximately 75% of all injuries are caused by falls to the surface."

Sof'Fali Engineered Wood Fiber vilill reduce the likelihood of head injury from falls from heights up to twelve

Engineered Wood Fiber is the most economical safet~ product on the market today, and with proper installa tion, will also meet the criteria for ADA accessible ar eas.

Sof'Solutions Inc. manufactures and distribute~ Sof'Fall Engineered Wood Fiber protective surfacin! specifically for playgrounds, and seeks to educatl playground planners, providers, and consumers abou protective surfacing safety issues. Sof'Solutions Inc. i: a company dedicated to the safety of our children.

About Sof'Fall Engineered Wood Fiber Sof'Fall is not a landscaping wood chip dumped inti a playground! It is a quality product manufactured a: playground surfacing in order to guarantee perfor mance and safety.

There are very strict guidelines and testing processe that control the quality of product used for playgrounl surfacing. These guidelines are established and admin istered by IPEMA (Internatioal Play Equipment Manu facturers Association), and every product certified b

MA must undergo rigorous testing from a independant third party testin

laboratory.

I Wood Chips are Engineered Wood Fiber,

I Right. .. ? WRONG!

, Landscaping mulch, or wood chips from a local providI er, are not manufactured to the specifications mandated to provide the required protection to be a playground

I safety surface, and will not ensure the protection needed where children play.

Sof'Fall Engineered Wood Fiber playground surfacing

I is manufactured from virgin wood that is chipped and . ground to a fibrous consistency. The individual pieces of Sof'Fall in a shipment are randomly sized, with a maxi-

Ii mum length of 1.5 inches. Sof'Fall Engineered Wood Fiber is free of hazardous substances, and meets the criteria of the ASTM F2075, F1951, F1292 standards I when it is installed and maintained properly.

Landscaping wood chips cannot provide you with any

I level of protection from legal ramifications resulting from injuries caused by falls onto a non-compliant, noncertified, uninsured surface.

I So how do you know that the product you have ordered is Engineered Wood Fiber? The product will come with

I a certificate of compliance from IPEMA, warranties and guarantees from Sof'Solutions as the manufacturer.

I Choose Sof'Fall for both playground safety, and provider security.

Exceeds playground requirements! • Sof'Fall Engineered Wood Fiber is manufactured

specifically for use under and around playground equipment

• Sof'Fall is IPEMAcertified, and independently tested in accordance to ASTM Standard F-1292-04, at a critical height of 12 feet with 12 inches of Sof'Fall, and 8 feet with 8 inches, and ASTM F-2075-01 a

• SOf'Fall is manufactured from virgin wood

• Sof'Fall has one of the best impact attenuation results based upon the ASTM F-1292-04 testing standard

• Sof'Fall is (ADA) accessible based upon the ASTM F-1951-99 testing standard

• Sof'Fall is nontoxic and fire resistant in its natural form

• SOf'Fall is easy to maintain and inexpensive to in-stall

• Sof'Fall is competitively priced

• SOf'Fall is aesthetically attractive

• Sof'Fall is backed by a 10-year limited product warranty and carries $10 million in liability insurance

Sof'Fall's energy-absorbing performance

falls within the highest rating for protec

tive surfacing as tested by the Consumer

Product Safety Commission (CPSC)

IPEMA Certification In the interest of public playground safety, the International Play Equipment Manufacturers Association (IPEMA) provides a Third Party Certification service whereby an independent laboratory, Detroit Testing Laboratory, Inc. (DTL), validates a surfacing manufacturers certification of conformance to ASTM F1292-99, Standard Specification for Impact Attenuation Under and Around Playground Equipment, and for an engineered wood fiber manufacturer its certification of conformance, also, to ASTM F2075-01 a, Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment, Section 4.6, for testing the presence of Tramp Metal.

Standard Specification for Engineered Wood Fiber for use as a Playurface Under and Around Playground Equipment addresses the

etals and tramp metal. The the p (Ba), Cadmium (Cd), cury (Hg), and Selenium (Se). some of the contaminates that can be cycled materials. Because play areas are en children of all ages, smaller children may put a piece of wood into their mouths and could consume hazardous toxins. We are testing for these substances in particular because they are not recommended for human contact or consumption.

The tramp metal test is included in ASTM F-2075 to test for the presence of nails, binding and other magnetic foreign material within the Engineered Wood Fiber. Two

TOXICITY TESTING Over the past decade, the use of Engineered Wood Fiber has become the preference of playground providers and consumers alike. It is· important to know that the material that is being used under and around playground equipment contains no toxic chemicals. A semivolatile test has been performed on our product and has been determined to be nontoxic.

methods are used to determine the presence of tramp metal. One involves using a powerful rare-earth magnet on the end of a probe specifically written for this

. The second method is a visual inspection. If one-half inch are found, the

A sieve analysis is also performed within the specifications of ASTM F-2075. This test is used to determine compliance of the particle size. Watching the consistency of the product size helps to ensure that you have limited possible injuries due to larger pieces of wood. The sieve analysis will also ensure that you have received a product with more substance than sawdust.

Sof'Fali Engineered Wood Fiber is a virgin-wood product and has been tested for 68 different chemicals. ThE laboratory sample produced a trace presence of benzoic acid. This is a chemical known to exist in natural woody plants_ No other chemicals were detected Therefore, with laboratory certification, Sof'Fali Engi· neered Wood Fiber is nontoxic.

Sof'Fall® Engineered Wood Fiber is manufactured from new wood, so you can be sure that it is virtually free of any toxic substances.

rred portion to within 1.0 inch

hole in the template at any criterion is that at least seven

specimens tested shall meet the abOVE test criterion. All eight specimens of Sof'Fall providec passed. SOf'Fall Engineered Wood Fiber in its natura form does not allow air between tlie fib.ers because 0

the unique way it knits together; therefore, it does no allow the fire to breath.

, HEAD IMPACT ATTENUATION ASTM F-1292-04: Standard Specification for Impact ~ Attenuation of Surface Systems Under and Around Playground Equipment

I The American Society for Testing and Materials has come out with a standard ASTM F-1292-04. This standard is to provide two testing methods to determine when a fall to the surface may be life threatening. "One

I method holds that if the peak deceleration of the head during impact does not exceed 200 times, the acceleration due to gravity (200 G's), a life-threatening head

This latter method uses a mathematical formula to derive a value known as Head Injury Criteria (HIC). Headimpact injuries are not believed to be life threatening if the HIC does not exceed a value of "1,000." (Playground Surfacing: Technical Information Guide, CPSC: page 20, section 10.1, Determining Shock Absorbency of a Surfacing Material.)

TEST REQUIREMENT The Hie Value not to exceed 1,000 HIC. G-Max Value not to exceed 200 G-Max.

I injury is not likely to occur.The second method holds that both the deceleration of the head during impact and the time duration over which the head decelerates I to a halt are significant in assessing head-impact injury.

IPEMA Playground Surface Report Rating (as specified by Participant): Thickness 12" Critical Height 12'

ASTM F-1951-99 Specifications for Determination of Accessibility of Su terns Under and Around Playground Equipment BACKGROUND Federal law prohibits disability-based discrimination by states, local governments, and private entities (such as restaurants and child-care centers) that provide public accommodation. The ADA specifically requires that "each service, program or activity conducted by a public entity, when viewed in its entirety, be readily accessible to, and usable by, individuals with disabilities." This statute requires that all new and/or altered public facilities, including playgrounds, must be accessible to

SUMMARY The following summary reveals the results of SofFall Engineered Wood Fiber. Tests were performed in accordance with ASTM F1951-99 for determination of accessibility of surface systems under and around playground equipment at the recommended 12-inch depth

Results: Part 6 Wheelchair Work Measurement Method - STRAIGHT PROPULSION

Sof'Fall Hard, Smooth Surface Engineered Wood Fiber with grade of 7.1 ± O.3fi

(1:14) Work per meter Work per meter

Trial 1 74.6 N Trial 1 78.2 N





Average (n=3) 69.7 N 75.0 N

everyone. The Access Board's proposed rules for play area accessibility include surfaces within the play area. They must be firm, stable, and slip resistant and also meet the requirements of ASTM F-1951-99, )formerly PS83-97) which is the current standard used to measure the accessibility of a surface in a play area. It specifically addresses the issue of maneuverability across play area surfaces. Maneuverability measures the effort needed to move a wheelchair across a surface.

after compaction. Test results indicate that SofFall Engineered Wood Fiber is an accessible surface for use under and around playground equipment. (Test performed by Detroit Testing Laboratory, Inc. A copy of original test report available upon request.)

Results: Part 6 Wheelchair Work Measurement Method - TURNING

Sof'Fall Engineered Wood Hard, Smooth Surface Fiber with grade of 7.1 ± O.3fi

(1:14) Work per meter






Average (n=3) 53.7 N 55.7 N

SPECIFICATIONS

Sof'Fall _ Engineered Wood Fiber Specification of product Sof'Fali is manufactured Engineered Wood Fiber comprised of softwoods and/or hardwoods, consisting of randomly sized wood fibers, the majority of which do not exceed 1.5" in length, and containing 10% to 20% fines to aid in compaction. (It is generally understood that the manufacturing process allows a few oversized pieces.)

Product must prove to be nontoxic. 'It may not contain any recycled wood products or any wood containing paint, chemicals or additives. (Test data available upon request.)

Product is to have minimal bark and is to be free of twigs, leaf debris and other organic material, and to be certified as nonflammable. (Test data available upon request.)

Product depth, after installation, must be in accordance with the procedure described in ASTM F-1292-04 and meet guidelines for critical height as set forth by the CPSC for use of wood products for protective surfacing. Install Sof'Fall's Engineered Wood Fiber to the desired compacted depth over a layer of Sof'Fali Geotextile

. Weed Barrier, 100% polyester fabric.

of Sof'Fali Engineered Wood Fiber necesthe approximate depth after compaction

QUANTITY

Sof'MatTM Specification of product Sof'Mats are used to limit the displacement of Sof'Fa Engineered Wood Fiber. When installed in the middlE of Sof'Fali Engineered Wood Fiber, it provides stabilit: of Sof'Fali under high traffic areas such as slides an« swings.

The Sof'MatlM is used anywhere a durable, resilier surface is required in high traffic areas or on f1uctl tion ramps. The Sof'MatlM should be placed on a mini mum of 6" of Sof'Fali Engineered Wood Fiber with 6" c Sof'Fali Engineered Wood Fiber on top. The Sof'Matl' should be placed with the Sof'Fali Engineered Woo. Fiber surfacing mounded in the middle. The corners c the Sof'MatlM should be tucked into the Sof'Fali Eng neered Wood Fiber to help eliminate tripping hazards

The SOf'MaFM can be cut and secured around a pole c a support. SOf'MaFM adhesive must be used to secur the mat together again.

Sof'MatTM Technical Specifications

Weight: Sof'MaFM 4.5 Ibs/ft2

Composite:

Colors:

Suggested ... Sizes:

Recycled rubber crumb bound over a recycled foam sheet.

Black

4' x 4' under slide exits 3' x 6' under each swin

Sof'Fall Drainage System To prolong the life of Sof'Fall, a drainage system is recommended; however, we do not dictate how extensive your drainage system should be to be effective. A landscape architect should be contacted. Sof'Solutions Inc. recommends using the services of a certified engineer or a landscape architect who is familiar with the local soil and climatic conditions to evaluate the drainage requirements.

Specification of product Sof'Fall Drainage is placed beneath the geotextile fabric, :md provides for rapid drainage of water from the play~round site. For full details and specifications, please IIisit www.sof-solutions.com

SofFalt® Drainage System For Resilient Application

6' SOfF.aI"&lrip OtJlIP"':-' - . C_ ... 6'.<)' 0",,0111\1

npoN_IIAfIOUOhlly>oith ,",o,r WOIeI'''''Oflape.

c""",,,uo: S<).FoIII> '"""",o,,'ed p.O.e .. 667 D1o", •• ur 81020 ""ono: eoo..sZ30l!690 Fox: 888-763·32~5 WWW.SAlr·r,Ji.eom

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*Soa,IIII111io"''''' uslnqS<>rFoI' WOIetptOOlltpa.

Geotextile Weed Barrier Fabric Installation of Geotextile fabric must accompany Sof'Fall Engineered Wood Fiber on all new installations.

Geotextile fabric must be a minimum of 19 mills thick and have a tested 256 gallons per square foot per minute permeability.

Physical Properties Fiber: Polyester Thickness: 19 mils Weight: 40z Permeability: .20 cm/sec

or 256 gallon per minutelft2 Tear Strength: 40lbs Puncture Resistance: 45 Ibs

I nstallation Instructions Cover sub-grade with the Geotextile fabric supplied. Overlap all seams a minimum of 3" and secure the fabric rings with pliers everyone to two feet. It will be necessary to slit the fabric to fit around equipment's uprights. Where possible, overlap all slits with next piece of fabric.

Typical Use Geotextile fabric is used in connection with Sof'FaIl™ Engineered Wood Fiber to separate fiber product from drainage system. Geotextile fabric is water permeable and acts as a barrier to hold Sof'FaJlTM in place and prevents drainage system from being clogged. Geotextile will also restrict weed and vegetation growth.

Warranty . Sof'Solutions™ warrants that the Geotextile Fabric listed in this specification will conform to the formulations and standard of Sof'Solutions TM, Inc, 10 year warranty of Sof'Fall.

Exclusions Geotextile Fabric must be installed correctly and covered entirely, exposure to sun and or weather may void the warranty.

'i

SOF'FALL INSTALLATION INSTRUCTIONS

IMPORTANT: Installation in· struction must be followed in order to validate the "Sof'Fall Limited Warranty". If questions arise regard· ing proper Sof'Fall instal· lation, please contact your Sof'Fali representative or the Service Center directly at 1·800·523·8690. Thank you for choosing Sof'Fall Engineered Wood Fiber.

Highest Accessible Point

Gmax < 200 & Hie < 1000

INSTALLATIONS: IN GROUND I ABOVE GROUND

• Excavate area 12" (for recommended 12" depth) with a 1 %- 2% grade to ensure proper drainage. The most effective drainage may be to carryall water outside of the play area. It is not recommended that Sof'Fall be installed on a grade greater than 10%. All rocks, roots, and vegetation need to be removed.

• Install retaining border if required.

• Compact the graded area, especially if additional fill has been brought in.

• Install playground equipment. • Install drainage if applicable. If manufactured

drainage is being used, place drainage on evenly spaced 6' centers, or as specified by architect, in direction of grade. If not using manufactured drainage, place 3" of drainage gravel on a layer of Geotextile Fabric and then place another layer of Geotextile Fabric over gravel. Install Geotextile Fabric as specified below.

• If installing Sof'Fall Drainage System, do the following: Place the Sof'Fall Outlet over the Strip Drain and tape them together. Snap the pipe to the outlet and secure with tape.

• Wrap all fabric flaps tightly with Sof'Fall waterproof tape. Cut a slit in the fabric of the Collection Strip Drain to expose dimple. Interlock the dimples to connect the strip drain. Fold back the fabric and secure with tape to prevent soil intrusion.To cap the end of the Strip Drain, pull back the fabric and cut two rows of dimples.Wrap the fabric around the end and se-

. with tape. Be sure to seal all fabric seams with

Height of Platform

• Install Geotextile Fabric. Cover subgrade with the Geotextile Fabric supplied. Overlap all seams a minimum of 3" and secure the fabric rings with pliers every one or two feet. It will be necessary to slit the fabric to fit around equipment uprights. Where possible, overlap all slits with next piece of fabric.

• Place warning labels on uprights. (See diagram below.)

• Install the SofFall Engineered Wood Fiber to the proper depth, mounding it in high traffic areas of the playground to allow for compaction. SofFall is delivered on a semitrailer that can be up to 70 feet long. When access to the play area is possible, the truck

, can unload directly into the play area or stockpile it where you specify.

• Spread the Engineered Wood Fiber Surfacing. A Bobcat or a small front-end loader can be used· however, it will also be necessary to spread manu~ ally. Install all the material delivered. Please note that the surfacing will be several inches above grade until it compacts.

• Compaction is needed in order to be accessible to all. SofFall compaction will naturally occur in about two months after installation making it accessible to all. To provide immediate accessibility SofFall must be mechanically compacted during installation. Wetting down the initial load will help with compaction.

• Install SofMatlM rubber mats in the middle of SofFall Engineered Wood Fiber in excessive wear areas such as slide exits, under swings, and sliding poles. SofMats should be placed on 6" of surfacing with

I another 6" of surfacing on top of SofMats.

• Surface should be raked for two weeks

ic adjustments of SofFall are required under slides, swings and other concentrated use zones. Installed SofMats in these areas will help control displacement in high-use zones.

I LOW MAINTENANCE STRATEGIES Concentrated Use Zones 1. During routine inspections, heavily used areas such

as under swings and slide exits should be raked to intain proper depth.

r long periods of time, the weed barner Attenuat-ing Properties of SofFall w

Foreign Objects 1. Rake the play area level. 2. During routine inspections, remove any foreign ob

jects such as glass, rocks and litter.

Sot'Fali/Sof'Mat under Concentrated Use Zones 1. Using SofMats will help limit displacement of SofFall

Engineered Wood Fiber in high traffic areas. 2. Trip hazards are created when the lip of the rubber

mat is exposed due to the wood surfacing becoming displaced through use. To avoid trip hazards, maintain the SofFall Engineered Wood Fiber over the top of the rubber mat. SofMats are available through your area SofFall Representative.

3. WARNING: Never use rubber matting next to sand. SofFall recommends putting down six (6) inches of SofFall Engineered Wood Fiber, then placing your SofMats, and then putting the remaining six (6) inches of SofFall on top of the SofMatTM.

Drainage and Winter Weather 1. SofSolutions Incorporated does not dictate what

kind of drainage system is needed to be effective in removing water from the playground. Consumers should check with a local landscape professional who is familiar with the local climate conditions and other conditions affecting drainage such as type of soil, annual rainfall, slope of site, etc.

2. An inadequate drainage system will cause the wood surfacing to retain too much moisture. As with any surfacing material during freezing temperatures, SofFall will freeze. When the surface is frozen the play area should not be used. It may be necessary to close the play area until the temperature rises. Life

UbLII' when a child falls

Moisture Rete 1. The moisture content of Sof

manufactured from virgin wood. product retain its cushioning properties.

2. If you live in an arid climate with little rainfall, an occasional wetting down of the product will help it to retain moisture.

Top-Ofts 1. To maintain SofFall Engineered Wood Fiber at the

recommended depth (8"-12") you will need to top-off the area every two to three years.

2. To figure how much SofFall is needed to top off your play area: a. Measure the total square feet of the playground.

b. ~ote measurement from the bottom of an upright footIng to the top of the wood surface.

c. Call your local representative or Sof'Solutions Customer Service to calculate how many cubic feet you need. A quote will be given to you that to your playground site.

1 O-MILLION-DOLLAR LIABILITY INSURANCE Sof'Solutions Incorporated carries a ten-million-dollar liability insurance policy,

A certificate of insurance is available to you through the Sof'Solutions Service Center. ~_ CERTIFICATE OF LlABILlTY~'''"''""'' ALL AMBkICAH lN~CE AGENCY POB 9579

~~n.t ~ ~!~og INSURERS AFFORDING COVERAGE NAlC •

.........m Sof' Sol"Uonll '"

TYPE OF POLICY

c R~ XLSoon364

D hUtting 801'2463423

1WJI.l:' u:: ~_ 0 _. 0

2/UfOS 2/24/098 ~

a __

l.I-aEO.IiE.E,l ,

E.L __ .I'Q..IO;'t .... 1

6/Ulao07 6/12/2001 1~~~~B,:'5. $i,----:;;-:-O~ No Clo.inllurance

AMOUNT OF COVERAGE The total amount of

coverage under this

policy (line 2 + line

3) is $10,000,000

for each occur

rence, paid in any

one policy period.

Please note this policy is an

Occurrence policy which will

provide coverage for an acci

dent that occurred during the

term of the policy even if the

policy is subsequently termi

nated or changed. A Claims

Made policy does not provide

such coverage. IUCIIO'JDIOFCftft/l1IDHI1~oc.o.T'O<II\9IfQ""~/4lalay~/i\PRW._

Ground Clovwr and pl_UCI .. ttinq au.II,

" M NCIIS-bu.t CUI boa addad •• _rt.1!'iaata holdar, addiUon&l inaur.d, and ac::ca..od.t.'ta Vendor Bndor._nta.

M;UDIMtCP __ IUaOIIB>I'CUOESECNtQQ.U!I)oeFQI\ETlEDO'IIUoTlO

[\o'T!_,1>£ ____ WlJ. __ TO~DII ... WIITm<

=::=:==::::.:::==:::=..~ _.-I--L

7

LIMITED WARRANTY Sof'Solutions Incorporated warrants the Sof'Fall installation to the original purchaser.

IS COVERED EXCLUSIONS ns Inc. warrants the Sof'Fall installation to meet

Surfacing Guidelines of the U.S. Commission (December 1993),

l<>h ..... r<>llnr\l temperature guidelines

lation. 2. Sof'Solutions

Sof'Fall installation to be free cay) under normal use for the LlF installation.

F1292-04, under date of instal-

3. Sof'Solutions warrants the Sof'Fall Engineered wood fiber of the SOf'Fall installation to be free from defects under normal use for TWO (2) YEARS from the date of installation.

If the Sof'Fall installation is defective within the applicable warranty period, Sof'Solutions will, subject to the conditions set forth below, replace defective installation components at no charge within a reasonable period of time. Components used for replacement under this warranty are warranted for the remainder of the original warranty period. The replacement of defective components shall constitute the sole and exclusive remedy in the event ofa breach of warranty. INSTALLATION AND LABOR COSTS. Within the first ninety (90) days of the warranty period, Sof' will pay all necessary installation and sociated with the replace under this wa the

Any defect, malfunction or failure caused by or resulting from improper installation including insufficient drainage, service or maintenance, or from abuse, neglect, accident, vandalism, act of God, or any other cause beyond the control of Sof'SofSolutions will not be covered by this limited warranty.

implied warranties covering the SOf'Fall installabut not limited to warranties of merchant

rpose, are limited in

installation. able for special, incidental, consequential, indirect to other similar damages arising from breach of warranty, breach of contract, negligence or any other legal theory even if Sof'Solutions has been advised of the possibility of such damages.

Sof'Solutions Incorporated does not warrant impropel drainage. All sprinklers must be redirected to spray outside of play area. It may be necessary to periodicall~ turn Sof'Fall to allow excessive moisture to dry, exces· sive moisture may cause fungi growth. .

o· uential damag~s, so the above lim·

or exclusion may not apply to you. This warrant~ gives you specific legal rights, and you may also haVE other rights which vary from state to state.

Questions & Answers

Q Why should I use Sof'Fall wood for my playground?

A Sof'Fall Engineered Wood Fiber is the best choice for safety, budget, and accessibility (see page 5).

Q How can Sof'Fall be nonflammable if it isn't chemically treated?

A Beneath the surface layer of Sof'Fall there is no room for oxygen to fuel the fire.

Q Why do we need to have at least 8-12 inches of Sof'Fall in our playground?

A The depth of Sof'Fall needs to be at the recommended 8-12 inch depth at 8-12 feet height, to be complient with the ASTM F-1292-04 Standard and to validate the "Sof'Fall Limited Warranty".

Q Why is a top-off necessary?

A Without the recommended depth, Sof'Fall may not have enough cushion to prevent injuries. CPSC recommends an 8"-12" depth to help prevent injuries.

Q Is drainage necessary?

A Depending on your area, it is very important to make sure there is a way to drain excess moisture away from the play area.

Q Why should I choose Sof'Fall over other companies woods? \

A Because of the Sof'Fall Guarantee, Warranty, and our IPEMA Certification.

Q How can I purchase Sof'Fall?

A Sof'Fall may be ~Mf; who your lo

is, please call our Customer Service Department at 1-800-523-8690 or 1-801-523-2452.

Q How is Sof'Fall delivered?

A Sof'Fall is shipped on a walking floor semi-trailer that can be up to 70 feet long.

Q Why is it important to have virgin wood?

A Virgin wood means children will be playing on wood fiber that has never been used for anything else. Sof'Fall does not use ground pallets.

Sof'Fall®

Sof'Solutions, Incorporated is a member of IPEMA, the International Play Equipment Manufacturers Association. IPEMA is a member-driven organization whose mission is to assist in providing creative, fun, and safe play environments for children.

To verify product certilication visit www.ipema.org

• <S

~' .. ~ .

Sof'Solutions™ RECREATION SURFACING

(800) 523-8690

www.sof-solutions.com

:... _.' ....

,,"\ ' 'P t lr"alK ,.··e. s Our lovable and whimsical Park Pets are fabricated using a specially formulated, Polymer based

resin with a reinforced polyester interior.

Features: Durable and Rugged

Hand-Textured

- Child-friendly sUrface.

Ease of Installation*

- Lightweight.

. 4 steel anchor bolts.

Five Year Structural Warranty - Easily secures in concrete.

"b"\.:\1 x -15"L:I. 26"1-1 t I'; Ibs

38"V\1 :< E:9"t_;..-: 13"H ! 75 lbs

46·"11/ x 68"L x J 3"H 130 :os

jS'''{-I x 34"L x 33"H

ISOlb,

NOTE. ALL PARK PHS HAVEA 6' USE ZONE,

42"VJ x 54/tL x 2S'H 135 Ibs

l8"W x 62"L x 2T'H 145 ]bs

Standard Colors: H'-own. SandswCcc, Green, Off·V;lhire, Grey and Blue.

(Cv-.;ra'j"; (ofc:ts available by special order.)

42"W x 96"L x 24"H 180lbs

Cold·Cast Bronze SPecial order only, call for quote

ALL PARK PETS AND BOULDERS MUST BE INSTALLED WITH RESILIENT "SAFETY" SURFACING APPROPRIATE TO

THE SAFETY GUIDELINES OFYOUR CITY, COUNTY OR STATE.

'"Installation details and CAD drawings (or all Park Pets and Boulders are available (or downlaad at www.parkpets.com.

Boulders Incredibly realistic climbing Boulders for all ages!

Extremely durable, realistic, and lightweight. To verify product certlflcatlon

vlslt WWN.lpema.org

FACT: "The easiest and least expensive boulder installation in the industry!"

Features: Durable and Rugged

• Polymer based resin with a reinforced polyester interior.

• One·tenth the weight, yet 25 times the strength of similar concrete boulders.

Unsurpassed Aesthetic Appearance

• Looks and feels like real granite rock.

· Original molds from real racks.

Five Year Structural Warranty

20'L x 8'W x 9'H: 2600 Ibs: 100 Handhold, USE ZONE 6' FALL HEIGHT 9'

C~.st:-ade #1: 8'L x 6'VV x 7'H; 750 !bs; 30 Handhoids USE ZONE 6' FALL HEIGHT 7'

C:a$c~de #11: 7'l. x S'W x 6'H; )50 ibs; 20 Handholds USE ZONE 6' fALL HEIGHT 6'

C~.sc:ade #fU; S'L x 5'VV x 5'H; 300 ins: i 5 l-bi~(~holds USE ZONE " FALL HEIGHT 5'

Ease of Installation*

• Ships in one piece.

• Simply lower into a wet concrete (oundation.

• Anchor bolts integrally attached at the factory.

Handholds (optional)

w Reduce the maintenance cost of repairing polished, over-used routes.

- Rock-like, secured with stainless steel, anti-theft, security bolts. Stainless steel receivers cast into interior surface.

9'!_ x BV...- x 9'H; j 400 ibs: 50 H,1ndholds USE ZONE 6' FALL HEIGHT 9'

88"1. y HVv x 36'"I-!: 880 Ihs (GFRC) A·."Hhbie IT"; r.;ltl'·\-:,- pccrynlcr b.:SQC1 ~c';!:,

CI( R:--H".Tor;.:ed C~)nUi i': iCFRCi

Optional recessed memorial plaque available for all boulder products.

Standard Colors: Greys ::'!nd b~"owns:, {eus-torn colOr'S ond S:Zf:::i al/wioble by s~')eciGi :In:Jcr.!

EXHIBIT C

BID DOCUMENTS

LOS Banos

CITY OF LOS BANOS PUBLIC WORKS DEPARTMENT

REQUEST FOR SEALED BIDS

FOR SUPPLYING AND INSTALLING PARK PLAYGROUND EQUIPMENT CRESTHILLS PARK AND

COLLEGE GREENS PARK

-.' ',,-,

City of Los Banos Public Works Department

411 Madison Avenue Los Banos, CA 93635

(209) 827-7056

Mark Fachin P.E. Public Works Directorl City Engineer

The sealed bids must be received no later than 2 p.m. April 28, 2011

By the office of the City Clerk in the Council Chambers of City Hall,

520 J Street Los Banos, CA 93635

1

LOS Banos INVITATION FOR BIDS

CITY OF LOS BANOS PUBLIC WORKS DEPARTMENT

411 Madison Avenue Los Banos, CA 93635

(209) 827-7056

NOTICE IS HEREBY GIVEN that the LOS BANOS PUBLC WORKS DEPARTMENT invites and will receive sealed BIDS up to the hour of 2:00 P.M. (Pacific Daylight Savings Time) on April 28, 2011 for the purch~se and installation of Park Playground Equipment for City of Los Banos Parks located in the Cresthills Subdivision and College Greens Subdivision. At said time, said proposals will be publicly opened and read aloud in the City of Los Banos Council Chambers by the office of the City Clerk at:

520 "J" Street Los Banos, California 93635

The Los Banos Public Works Department is requesting bids to provide playground equipment and installation, demolition of existing selected park equipment, and provide and install fiber wood chips to playground areas in the identified parks.

Questions regarding the Bid Documents are to be directed to Gary Hutsell, Assistant Public Works Director, by writing or email at [email protected].

BIDS shall be submitted only on forms provided in the Bid Packet. Bids shall be in the hands of the City Clerk of the City of Los Banos, 520 J Street, Los Banos, California, 93635 on or before the hour of 2:00 P.M. on April 28, 2011. No late BIDS will be accepted and will be returned unopened. No oral, telegraphic, electronic, facsimile, or telephone submittals or modifications will be considered unless specified.

The Bid Package can be forms can be obtained from the City of Los Banos website at www.losbanos.org.

This project is subject to current prevailing wage rates and requirements.

The City of Los Banos reserves the right to reject any and/or all BIDS received.

2

Information for Bidders

BIDS will be received by the City of Los Banos Office of the City Clerk for the Los Banos Public Works Department (herein called the "OWNER"), at the City Council Chambers of the City of Los Banos, 520 J Street, Los Banos, CA, 93635, until 2:00 p.m. (POST), on 28th day of June, 2011, then publicly opened and read aloud.

Each BID must contain one original set of bid documents. These documents must be submitted in a sealed envelope and addressed to the OWNER at 520 J Street, Los Banos, CA, 93635. Each sealed envelope containing a BID must be plainly marked on the outside as "Park Playground Equipment Bid; Attention City Clerk", and the envelope should also bear on the outside, the name of the BIDDER, and their address. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the City of Los Banos at 520 J Street, Los Banos, CA, 93635, and also state "Park Playground Equipment Bid; Attention City Clerk"

All BIDS must be made on the reqLlired BID form. BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted unless otherwise indicated. Only one copy of the BID form is required.

The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 30 days after the actual date of the opening thereof. Should there be reasons why the BID cannot be awarded within the specified period; the time may be extended by mutual agreement between the OWNER and the BIDDER.

BIDDERS must satisfy themselves as to the accuracy of the conditions in the BID DOCUMENT and review of the Bid Package, Attachments including Addenda. After BIDS have been submitted, the BIDDER shall not assert that there was misunderstanding concerning the information provided in the Bid Documents.

Each BID must be accompanied by a Bid Security payable to the OWNER for an amount not less than $5,000.00 or a Bidder's Bond executed by a surety authorized by the Insurance Commissioner to transact business of insurance in the State of California. The Bidder's Bond shall be made out to the City of Los Banos for an amount not less than $5,000.00 and no BID shall be considered unless accompanied by either security.

As soon as the BID amounts have been compared, the OWNER will return the bonds of all except the three lowest responsible BIDDERS. When the Contract is executed, the bid security of the two remaining unsuccessful BIDDERS will be returned. The Bid Security of the successful BIDDER will be retained until the Contract is executed.

The party to whom the Contract is awarded will be required to execute the Agreement within ten (10) calendar days from the date when the NOTICE OF AWARD is delivered to the BIDDER. In case of failure of the BIDDER to execute the Contract, the OWNER may, at his option, consider the Contract in default, in which case the Bid Bond accompanying the proposal shall become the property of the OWNER. Said check or

3

BID BOND shall be a guarantee that the bidder, if awarded the contract, will execute and deliver required CONTRACT AND RELATED DOCUMENTS, BONDS, INSURANCE within said time.

Each BIDDER is responsible for the review of the Bid Documents. The failure and omission of any BIDDER to do any of the foregoing shall not relieve any BIDDER from any obligation with respect to the BID. Any addendums will be released as necessary at www.LosBanos.org .

Minimum wage rates for this Project shall be as determined by the Secretary of Labor. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of the Department of Industrial Relations of the State of California for similar classification of labor, the CONTRACTOR and his SUBCONTRACTOR shall not pay less than the higher wage rate. In accordance with the provisions of Section 1773 of the Labor Code of the State of California, the OWNER has obtained from the Director of the Department of Industrial Relations, the general prevailing rate for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is available from the California Department of Industrial Relations' Internet web site at http://www.dir.ca.gov/DLSR/PWD.

Award of Bid will be to the lowest responsible BIDDER. A conditional or qualified BID will not be accepted.

The City of Los Banos will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City of Los Banos or its representatives. Any request for clarifications or questions of the bid shall be made in writing or email and deliverable to:

City of Los Banos Public Works Department Attn: Gary Hutsell

[email protected] 411 Madison Avenue Los Banos, CA 93635

Requests for clarification or questions shall be delivered to the Public Works Department by 5:00PM on April 21, 2011. Any City response to a request for clarification, questions and answers will be posted to the City's website at www.losbanos.org not later than 5:00PM, April 22, 2011 and if necessary become a part of the bid as an Addendum.

Proposed timeline of events associated with the awarding and execution of Contract:

Release of Advertisement April 8, 2011 Deadline to submit questions/clarification 5:00 P.M. April 21,2011 Addendums/Questions/Clarifications Posted 5:00 P.M. April 22, 2011 Bid Opening 2:00 P.M. April 28, 2011 City Council awards Bid May 18,'2011 Awarded party to execute Contract By May 28,2011

4

In accordance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the proposal. Signing the proposal shall also constitute signature of the Noncollusion Affidavit.

REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. -- Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of 1/2 of one percent of his total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors, as required herein, is included in the Proposal.

INSURANCE. -- Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connectiOri with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.




2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).


Minimum Limits of Insurance


1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operation, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply sepqrately to the project/location or the general aggregate limit shall be twice the required occurrence limit.



5


Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee

. satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.



1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations preformed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liabiJity coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, \ employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.


4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.



6





Subcontractors


CONTRACTOR AGREEMENT - The awarded bidder shall enter into the Attachment 1 "Agreement fOr the Purchase of Park Playground Equipment between City of Los Banos and (Name of Contractor) for Cresthills Park and College Greens Park".

7

BID SPECIFICATIONS

The Los Banos Public Works Department specifies the following equipment for the Park Playground Equipment.

The awarded bidder shall demolish designated existing equipment, supply and install Playground Equipment and Wood Fiber Playground Material and submit the final billing invoice prior to June 30, 2011.

The right is reserved to reject any Bid in which the time frame of work indicated in these Bid Documents cannot be met.

All materials shall be of highest quality and meet commercial grade standards for park equipment and wood fiber playground material including ASTM Standards and National Certified Standards.

All installed Playground Equipment be warranted against defects in materials and workmanship for a period of not less than twelve (12) months. The beginning warranty date shall be based on the product acceptance date date. Any or all instructions and forms needed for warranty claims shall be attached with the delivery of the furnishings.

The scope of the Bid shall be the purchase and installation of Playground Equipment, the demolition of designated existing Playground Equipment, and the purchase and installation of Wood Fiber Playground Material as per the requirements and specifications of this Bid.






4. Play Structure age group 2 - 12 to include three slides, cargo climber, rock climber, deck with roof, ladder, stairs and a separate climbing or craWling apparatus (Safety Zone Area 105 feet X 35 feet) including installation.



8

Bid prices shall be based on total cost of products as delivered and installed to Owner.

Bidders must guarantee Bid prices for a period of not less than 75 days.

BID WILL BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER AND THE AWARD WILL BE BASED ON TOTAL COST FOR ALL LISTED ITEMS.

9

-" .

BID FORM

By submission of the BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor

PROPOSAL TO: Supply, Install, and Demolish Park Playground Equipment and Supply and Install Wood Fiber Playground Material for the City of Los Banos.

NameofCompany: ______________ ---------_________________ ------

Business Address:

Phone No: <->_________ Fax No: ~ ________ _

Sales Tax #: (If out of State) ________ Federal ID # _______ _

Authorized Signature: ________________________ ~---------.,__-

Print name: --------------------------------------------------Item descriptions below are in the same order as numbered in the Bid Specifications.

It em Qt [yo

1. 1

2. 1

3. 240CY

4. 1

5. 1

6. 240CY

It D . f em escrlp Ion Crawling or Climbing Apparatus (Safety Zone Area 16 feet X 28 feet) including installation. To Include all tax and freight charges.

Demolition and removal of existing Merry-Go-Round.

Wood Fiber Playground Material approved for playground use. Supply and install. Play Structure age group 2 - 12 to include three slides, cargo climber, rock climber, deck with roof, ladder, stairs and a separate climbing or crawling apparatus (Safety Zone Area 105 feet X 35 feet) including installation. To include all tax and freight charges. Demolition of designated existing play structures, slides, fire engine, and rocker animals. Wood Fiber Playground Material approved for playground use. Supply and install 240 Cubic Yards.

Freight:

Sales Tax:

Total Bid Price:

10

_.'. "'---.

Unit p. rice

Lump Sum

Lump Sum

Lump Sum

Lump Sum

Total p. rice

-----

ADDENDUM

BIDDER acknowledges receipt of the following ADDENDA:

No. __ 1 ,dated ,2010, Signed, ______ _

No. __ 2 ___ , dated ___ ,2010, Signed, ______ _

No. ,dated, 2010, Signed, ______ _

11

The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Information for Bidders.

LIST OF SUBCONTRACTORS Description of Portion Name and Address of Work Subcontracted

12

-" .

Noncollusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106)

To the CITY I COUNTY of DEP~--R-TM--EN--T-O~F~P-U-B-L-'C~W~O~R~K~S-.-----------

In conformance with Title 23 United States Code Section 112 and Public Contract Code

7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any

undisclosed person, partnership, company, association, organization, or corporation;

that the bid is genuine and not collusive or sham; that the bidder has not directly or

indirectly induced or solicited any other bidder to put in a false or sham bid, and has not

directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone

else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has

not in any manner, directly or indirectly, sought by agreement, communication, or

conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any

overhead, profit, or cost element of the bid price, or of that of any other bidder, or to

secure any advantage against the public body awarding the contract of anyone

interested in the proposed contract; that all statements contained in the bid are true;

and, further, that the bidder has not, directly or indirectly, submitted his or her bid price

or any breakdown thereof, or the contents thereof, or divulged information or data

relative thereto, or paid, and will not pay, any fee to any corporation, partnership,

company association, organization, bid depository, or to any member or agent thereof to

effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature ofthis Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

13

<.

NOTICE OF AWARD

To:

PROJECT Description: SUPPLYING AND INSTALLING PARK PLAYGROUND EQUIPMENT CRESTHILLS PARK AND COLLEGE GREENS PARK

The OWNER has considered the BID submitted by you for the lease of above described area dated--------- 2011.

You are hereby notified that your BID has been accepted for SUPPLYING AND INSTALLING PARK PLAYGROUND EQUIPMENT CRESTHILLS PARK AND COLLEGEGREENS PARK in BID Form for a total delivered price of $0.00.

You are required by the Information for Bidders to execute the Agreement within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement within ten days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your BID as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.

Dated this __ day of ___ , 2011.

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE OF AWARD is hereby acknowledged by

Signature this the __ day of __ , 2011

By ______________ ~ ____ _ Print Name

Title ________________ _

-" .

City of Los Banos OWNER

By ________________________ __

Title Public Works Directorl City Engineer

14

ATTACHMENT 1

AGREEMENT FOR THE PURCHASE AND INSTALLATION OF PARK PLAYGROUND EQUIPMENT BETWEEN THE CITY OF LOS BANOS AND (CONTRACTOR NAME) FOR CRESTHILLS PARK AND COLLEGE GREENS PARK

15

AGREEMENT FOR THE PURCHASE AND INSTALLATION OF PARK PLAYGROUND EQUIPMENT BETWEEN

CITY OF LOS BANOS AND [NAME OF CONTRACTOR] FOR CRESTHILLS PARK AND COLLEGE GREENS PARK

TIDS AGREEMENT is made and effective as of _, 2011, between the City of Los Banos, a municipal corporation (hereinafter referred to as "City"), and [NAME OF CONTRACTOR], a [FORM OF ENTITYJ, (hereinafter referred to as "Contractor").

In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM

This Agreement shall commence on _, 2011, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement.

2. PURCHASE AND SALE OF EQUIPMENT

On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture or acquire, sell and install for the City, Playground Equipment as mQre particularly described in Exhibit A, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment").

3. PURCHASE / INSTALLATION PRICE

The Purchase Price that City agrees to pay to Contractor for the Equipment and Installation is Dollars ($ ). The Purchase Price is final and shall be paid by City to Contractor upon acceptance of equipment as installed in accordance with the terms of this agreement.

4. SCOPE OF. WORK

Contractor shall manufacture or acquire and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City.

5. REPRESENTATIONS AND WARRANTIES OF CONTRACTOR

Contractor makes the following representations and warranties to City:

.. ,

a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms.

b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured or acquired and installed. All of the Equipment is new and are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as playground equipment and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used.

c. Workmanship Guaranty. In addition to the manufacturers warranties the quality of the workmanship shall be guaranteed for one year from date of completion.

d. Installation Warranties: Contractor warrants and agrees that it will employ reasonable commercial efforts to provide all installation services identified hereunder and that in the event that either the Equipment, in whole or in part, or some portion of City's real property is damaged due to Contractor's negligence or willful misconduct in performing installation services, Contractor shall be only responsible for all costs associated with repair of real property or replacement of personal property damaged by Contractor's acts.

e. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement.

6. PERFORMANCE

Time is of the essence in the performance of services under this Contract and the services shall be performed to completion in a diligent and timely manner. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. Contractor shall complete the tasks described herein and submit its final invoice no later than June 30, 2011.

7. CITY APPROVAL

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All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt.

8. REJECTION

In the event of such notice of non-conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses.

9. NO REPLACEMENT OF CURE

This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Install(J.tion tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Contractor or engage in subsequent efforts to affect a cure of the original tender by Contractor.

10. INDEMNIFICATION

The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, its officers, agents, employees or volunteers may sustain or· incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City.

11. AGREEMENT DOCUMENTS

a. This Agreement including all specifications and drawings, bid documents including exhibits, shall constitute the entire agreement between the parties .

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b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the provision which imposes the greater obligation on the Contractor shall prevail.

12. DEFAULT OF CONTRACTOR

a. The Contractor's failure to comply with the prOVISIOns of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence ofthe Contractor, it shall not be considered a default.

b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Cohtractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

13. INSURANCE REQUIREMENTS

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.




2. Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto).


Minimum Limits of Insurance


1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operation, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project/location or the general aggregate limit shall be twice the required occurrence limit.




Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.



1. The City, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations preformed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess ofthe Contractor's insurance and shall not contribute with it.


4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnifY the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.


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Subcontractors


14. SURVIVAL OF REPRESENTATIONS AND WARRANATIES

All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement.

15. LEGAL RESPONSIBILITIES

The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

16. PROHIBITED INTEREST

No officer, or employee of the City of Los Banos shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Los Banos

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has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such Interest is discovered whether or not such interest is prohibited by law or this Agreement.

17. INDEPENDENT CONTRACTOR

a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

18. ASSIGNMENT

The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date oftermination or as may be otherwise agreed to in writing between the City Council and the Contractor.

19. NOTICES

Any notic~s which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Los Banos 520 J Street Los Banos, California 93635

To Contractor: «contractor» «address» «city, state, zip» Attn: «name»

20. GOVERNING LAW

The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shalltake place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Los Banos. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

21. ENTIRE AGREEMENT

This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

22. MISCELLANEOUS

a. Amendments. This Agreement may be modified or amended only by a written document executed by both Vendor and City and approved as to form by the City Attorney.

b. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in confliCt with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

23. AUTHORITY TO EXECUTE TillS AGREEMENT

The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

IN WITNESS WHEREOF, two identical counterparts of this contract, each of which shall for all purposed be deemed an original thereof, have been duly executed by the parties.

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Date:

Date:

ATTEST: CITY CLERK


APPROVED AS TO FORM:

William A. Vaughn, City Attorney

_." , _.

[CONTRACTOR]

by:

CITY OF LOS BANOS, a California municipal corporation

by: Steve Rath, City Manager

EXHIBIT A

SCOPE OF WORK

The scope of work shall include the purchase and installation of Playground Equipment, the demolition of designated existing Playground Equipment, and the purchase and installation of Wood Fiber Playground Material as per the requirements and specifications of this Agreement.

The Contractor shall demolish designated existing equipment, supply and install Playground Equipment and Wood Fiber Playground Material within 30 working days from the date of contract execution.

All materials shall be of highest quality and nieet commercial grade standards for park equipment and wood fiber playground material including ASTM Standards and National Certified Standards.

All installed Playground Equipment shall be warranted against defects in materials and workmanship for a period of not less than twelve (12) months. The beginning warranty date shall be based on the product acceptance date. Any or all instructions and forms needed for warranty claims shall be attached with the delivery of the furnishings.

College Greens Park - 700 Pioneer Road at the Intersection of Pioneer Road and Black Hills Avenue.



3. Wood Fiber Playground Material approved for playground use. Supply and install 240 Cubic Yards. .

Cresthills Park - 1815 College Greens Drive at the intersection of College Greens Drive and Scripps Drive.

4. Play Structure age group 2 - 12 to include three slides, cargo climber, rock climber, deck with roof, ladder, stairs and a separate climbing or crawling apparatus (Safety Zone Area 105 feet X 35 feet) including installation.



LOS Banos

PUBLIC WORKS DEPARTMENT

REQUEST FOR SEALED BIDS

FOR SUPPLYING AND INSTALLING PARK PLAYGROUND EQUIPMENT CRESTHILLS PARK

AND COLLEGE GREENS PARK

ADDENDUM #1

Notice: The Bidder is required to acknowledge receipt of this Addendum #1 on Page 11 of the Bid Documents Package with submittal of Bid. The Bid documents are available at www.LosBanos.org

Clarifications and Answers to Submitted Questions

1. Clarification - Information to Bidders Page 1, First Paragraph should read:

"BIDS will be received by the City of Los Banos Office of the City Clerk for the Los Banos Public Works Department (herein called the "OWNER"), at the City Council Chambers of the City of Los Banos, 520 J Street, Los Banos, CA, 93635, until 2:00 p.m. (POST), on 28th day of April, 2011, then publicly opened and read aloud."

The original Information provided a date of June 28, 2011. The month of June is incorrect and is revised to state the above date of April 28, 2011.

2. Clarification - Bid Specifications Page 8 and Agreement Exhibit A should read:


-" . _." . -" "


The addresses to the Parks were switched and identified incorrectly.

2. Question - What is the type of Contractor's License is acceptable for the Project?

A minimum Contractor's License Class B is required for the Project.

3. Question - What is the estimated cost of the Project?

The estimated cost range of the complete project is $75,000.00 to $85,000.00.

4. Question - Exhibit A the scope of work. For both parks, 240 cubic yards is listed for Wood Fiber Playground Material, is this correct? A depth of fill was not listed but the square footage of Cresthills Parks is considerably larger then the square footage of College Greens Park. Can you clarify either the required cubic yards of fill or the required depth of fill for each site? .

The amount of wood fiber material stated in the bid documents for both parks is correct. Bids are to be placed based on the specified amounts listed in the Bid Documents.

5. Question - Do you want the whole area (105 X 35) filled with equipment?

This area (105 X 35) has been identified as the Safety Zone Area in which equipment can be placed. So the answer would be yes with the equipment stated on the Bid Specifications.

6. Question - If the whole area is to be filled do you want swings?

No

7. Question -Is there a manufacturer and or model number for the equipment or are the very general size and accessories all we have to go on?

There is no specific manufacturer or model number. The Bid Specifications provide the type of play equipment and it's amenities along with the Safety Zone in which provides the area for the equipment to fit in.

8. Question - Is there a manufacturer for the bark and size specification?

No, the City will require the bidder to provide engineered wood fiber playground material that meets ASTM Standards and National Certified Standards.

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9. Question - What is the time of completion?

It is located in the Bid Specifications and in Section 6 of the Agreement Document. The City requires the successful bidder to complete and submit final billing invoice by June 30, 2011.

10. Question - Any Liquidated Damages?

This is addressed in the attached agreement document in Section 12 "Default of Contractor" .

11. Question - After examining the request for bids for supplying and installing park playground equipment, we are wondering if there are any additional specifications on the new playground equipment that the city desires?

There is no specific manufacturer or model number. The Bid Specifications provide the type of play equipment and it's amenities along with the Safety Zone in which provides the area for the equipment to fit in.

3

Cresthills AD #2 - Fund 272 Assessment District - Department 458 Assessments - Activity 200

210 Sidewalk Maintenance $0 $0 $0 $0 213 Water, Sewerage & Disposal

5,141 1,835 1,200 1,200 220 Landscape Maintenance 20,315 1,763 600 780 221 Park Maintenance 9,269 29,026 36,832 37,257 223 Stonn Drain Maintenance

60 2,933 0 2,500 224 Street Sign Maintenance 96 0 0 5,000 225 Street Tree Maintenance 0 0 0 0 226 Fence Maintenance

950 0 0 0 230 Administrative Services 6,635 1,959 3,000 3,376 235 City Engineer

217 0 300 300 263 Street Light Maintenance 1,693 0 1,500 1,500 264 Electricity & Gas 6,145 3,624 14,500 18,775 900 Contingency

0 0 0 , 0 Supplies & Services $50,521 $41,140 $57,932 $70,688 ~ 747 Park & Playground EqUipment

$U $U $U $6U,ooU 753 Specialized Equipment 295 0 0 0 Capital Outlay

$295 $0 $0 $60,000 820 Charge-In $0 $0 Total: Cresthills AD #2

$50,816 $41,140 $57,932 $130,688

216

College Green Estates AD #4- Fund 274 Assessment District - Department 458 Assessments - Activity 200

210 Sidewalk Maintenance $0 $0 $0 $0 213 Water, Sewerage & Disposal 1,380 1,004 1,500 1,500 220 Landscape Maintenance 20,549 15,442 3,129 1,378 221 Park Maintenance 36,414 57,156 76,400 53,590 222 A.D. Park Facility Maint. 0 14 0 0 223 Stonn Drain Maintenance 179 3,758 0 3,000 224 Street Sign Maintenance 173 965 0 7,000 225 Street Tree Maintenance 7,722 0 0 0 226 Fence Maintenance 5,481 0 0 0 230 Administrative Services 12,608 4,173 4,338 4,097 235 City Engineer 181 0 250 250 263 Street Light Maintenance 1,986 164 200 1,500 264 Electricity & Gas 9,343 4,962 5,885 14,900 900 Contingenc~ 0 0 0 0

Supplies & Services $96,016 $87,638 $91,702 $87,215

'* 747 Park & Playground Equipment $0 $0 $0 $25,000

753 Specialized Equipment $295 $0 $0 $0 Capital Outlay $590 $0 $0 $25,000

820 Charge-In $0 $0 $0 $0

Total: Collage Green AD #4 $96,606 $87,638 $91,702 $112,215

217

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Agenda Staff Report

TO: Mayor & City Council Members

Steve Rath, City Manager ~ ~ 'rlCt.r~ May 18,2011

FROM:

DATE:

SUBJECT: Resolution Approving Sale of Surplus Property and Authorizing the City Manager to Execute a Grant Deed


RECOMMENDATION:

Approve the attached Resolution approving the sale of the residence located at 1740 D Street, Merced CA and authorizing the City Manager to execute a Grant Deed and any other documents reasonably necessary to sell the property in accordance with the Residential Purchase Agreement and Joint Escrow Instructions.

BACKGROUND

The property was acquired from Mary Ann Jones on August 14, 2009 as partial restitution ordered by the Merced County Superior Court in connection with the criminal proceeding against her. On September 15, 2010 the City Council adopted Resolution 5271 declaring the property to be surplus and authorizing the initiation of the process to offer the property for sale in accordance with Government Code sections 54220 -54232 and if there are no interested public agencies to market the property to private party buyers. On October 5, 2010 the City mailed the required Notice of Disposal of Surplus Property to all local agencies as required by Gov't Code 54220-54232. The City did not receive any offers to purchase from any of the local agencies receiving notice.

On March 18, 2011 the City listed the property for sale with a listing price of $45,000.00. The City had on December 21, 2010 obtained an appraisal of the property at $40,000.00.

DISCUSSION:

On April 27, 2011 the City Manager on behalf of the City of Los Banos accepted an offer on the property at a price of $46,000.00. The City Council had previously approved the price and terms in closed session on April 6, 2011. The City Council is now being requested to approve the sale and authorize the City Manager to execute the Grant Deed and any other documents reasonably necessary to sell the property in accordance with the Residential Purchase Agreement and Joint Escrow Instructions.

FISCAL IMPACT

The City of Los Banos will net approximately $42,661.53 from the transaction (based upon the estimated seller's closing statement) less cost/expenses of preparing the property for sale.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS BANOS APPROVING SALE OF SURPLUS PROPERTY [1740 D STREET, MERCED] AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT DEED

WHEREAS, on August 14, 2010, the City of Los Banos acquired real property consisting of a single family residence located at 1740 D Street, Merced CA (Assessor's Parcel Number 034-211-023), and

WHEREAS, the City Council by adoption of Resolution 5271 declared the property to be surplus and authorized the City Manager, to undertake all acts legally required to dispose of the above described property, including, but not limited to appraisal of the property, initiation of the process to offer said property for sale in accordance with Government Code sections 54220 -54232, and if there are no interested public agencies, to market the property for sale to potential private party buyers; and

WHEREAS, on October 5, 2010 the City mailed the required Notice of Disposal of Surplus Property to all local agencies as required by Gov't Code 54220-54232; and

WHEREAS, the City did not receive any offers to purchase from any of the local agencies receiving notice; and

WHEREAS, on April 27, 2011 the City Manager on behalf of the City of Los Banos accepted an offer on the property at a price of $46,000.00, subject to the formal approval by the City Council. (The City Council had previously approved the price and terms in closed session on April 6, 2011).

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos as follows:

1. The matters set forth in the Recitals to this Resolution are true and correct statements.

2. The City Council approves the sale of the single family residence located at 1740 D Street, Merced CA (Assessor's Parcel Number 034-211-023) in accordance with the Residential Purchase Agreement and Joint Escrow Instructions executed by the City Manager and authorizes the City Manager to execute the Grant Deed and any other documents reasonably necessary to sell the property in accordance with the Residential Purchase Agreement and Joint Escrow Instructions.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the __ day of 2011, by City Council Member , who moved its adoption, which motion was duly seconded by City Council Member , and the Resolution was adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:



TO:

FROM:

DATE:

.!~i\'i J.. City of

tt) ... ··"1 LOS Banos '6(", AI the Crossroads oJCaliJomiCl

Agenda Staff Report

Mayor & City Council Members

Gary Brizzee, Chief of pOlic6

May 18, 2011

SUBJECT: Budget Amendment Request in Relation to a Child Safety Seat Grant


Recommendation:

That the City Council amend the Fiscal Year (FY) 2010-2011 budget to reflect an increase in the amount of $3,000 in revenues and expenditures.

Discussion:

"First 5 of Merced County" is an organization that provides critical services to parents, caregivers, and children ages 0-5 such as education, health services, child safety, and other programs. Through their Mini-Grants Program, "First 5 of Merced County" provides funding to address the local needs of communities throughout Merced County.

In January 2011, the Los Banos Police Department applied for a mini-grant from "First 5 of Merced County" for the purchase child safety seats.

On March 14, 2011, the Los Banos Police Department entered into agreement with "First 5 of Merced County" to receive grant funding in the amount of $3,000 specifically for the purchase of child safety seats. All funds from this grant must be spent on or before June 30, 2011.

If Council approves the expenditures, the Police Department will purchase child safety seats and provide them to families who complete an "Awareness Car Seat Training" which will be conducted by the Los Banos Police Department in a joint effort with the California Highway Patrol (CHP).

Fiscal Impact:

This amendment will increase Police Department revenues within the general fund (100-000-337-010), county grants, and expenditures within the general fund (100-421-140-267), general materials and supplies, in the amount of $3,000 for FY 2010-2011.

Reviewed by:

Steve Rath, City Manager

Attachments:

Agreement Resolution

AGREEMENT FOR RECEIPT OF MINI-GRANT FUNDS

FIRST 5 MERCED COUNTY CONTRACT NO. 10-706

THIS AGREEMENT is made and entered into this 14th day of March 2011 by and between the County of Merced, a political subdivision of the State of California (hereinafter referred to as County) on behalf of First 5 Merced County (hereinafter referred to as "COMMISSION"), and the Los Banos Police Department, 945 5th Street. Los Banos, CA 93635 (hereinafter referred to as "GRANTEE").

WHEREAS, COMMISSION desires to GRANT FUNDS to GRANTEE in that GRANTEE has successfully proposed strategies and or services in furtherance of the COMMISSION'S STRATEGIC PLAN.

WHEREAS, GRANTEE has been deemed to be an appropriate recipient aq.d is experienced and competent to perform such agreement in connection with "Awareness Car Seat Training. "

WHEREAS, the parties desire to set forth herein the terms and conditions under which said agreement shall be furnished.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:

1. SCOPE OF AGREEMENT

GRANTEE shall utilize all such received Grant Funds (or items purchased for GRANTEE by COMMISSION with grant funds) to provide for the Los Banos PoliGe Department in direct partnership with the California Highway Patrol, utilizing certified child safety technicians, conduct two "Safety Check" operations in the city of Los Banos. Child Safety Seat instructors will evaluate the seat for recalls, proper installation, and proper fit for child. Instructors will provide child safety seat education for parents of children ages 0 - 5. If the Child Safety Seat Technician determines the seat is not adequate and the parent is

financially unable to purchase a new seat, one will be prOVided for them. In addition, extensive training on the installation of the new seat will be provided and related services in accordance with the terms and conditions stated herein, and any specifically referenced attachments hereto. GRANTEE'S agreement includes, but is not limited to, the following:

A. Scope of Work B. Budget C. Budget Narrative D. Invoice Form E. Program Evaluation Form

1 Initia~

The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this agreement or modified herein:

2. TERM

Exhibit A - Scope of Work Exhibit B - Budget Exhibit C - Budget Narrative Exhibit D - Invoice Form Exhibit E - Program Evaluation Form

The term of this agreement shall commence on the 14th day of March 2011, and end the 30th day of June 2011, unless sooner terminated in accordance with Sections TERMINATION FOR CONVENIENCE and/or TERMINATION FOR CAUSE as specified elsewhere in this agreement.

3. GRANT AMOUNT

COMMISSION agrees to reimburse to RECIPIENT up to a Total Grant Fund amount of Three Thousand Dollars and No/lOO Cents ($3,000.00), after submission of the appropriate INVOICE form with sufficient back-up documentation and fmal report, in exchange for GRANTEE'S agreement as provided herein and is more specifically set forth under Section 1, "SCOPE OF AGREEMENT". No other fees or expenses of any kind shall be paid to GRANTEE. This Grant may be subject to withholding for State of California income tax.

Any and/or all payments made under this Agreement shall be paid by check, payable to the order of the GRANTEE and be mailed or delivered to GRANTEE at:

Los Banos Police Department 945 5th Street Los Banos, CA 93635

GRANTEE may request that COUNTY mail the check to GRANTEE to another address, if designated prior to the time of distribution of funds. Such request must be made in writing in accordance with the procedures as outlined under Section 5, "NOTICES".

4. TERMS OF PAYMENT

The Grant Fund amount shall be distributed as provided herein and as set forth under Section 3, "GRANT AMOUNT." Payment shall be made in the following manner:

Grantee shall submit one invoice for all incurred expenses under this grant. Upon receipt of Invoice fonn with sufficient back-up documentation and fmal report, as set forth under Section 1, "SCOPE OF AGREEMENT," COMMISSION shall, through the County Auditor-Controller,

2 Initial~

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pay GRANTEE for actual project expenses in accordance with the categories and amounts established in the line item budget attached as Exhibit B budget.

In no event shall the total payments exceed $3,000.00 for the entirety ofthe contract term.

No other expenses shall be paid to GRANTEE without formal approval by the COMMISSION and amendment of this agreement.

5. NOTICES

All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:

A. Personal Delivery. When personally delivered to the recipient, notice is effective upon delivery.

B. First Class Mail. When mailed first class to the last address ofthe recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.

C. Certified Mail. When mailed by certified mail, return receipt requested. Notice is effective upon receipt, if delivery is confirmed by a return receipt.

D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service.

E. Facsimile Transmission. When sent by fax to the last fax number of the recipient known to the party giving notice, notice is effective upon receipt, provided that: a) a duplicate copy of the notice is promptly given by first class mail or certified mail or by overnight delivery, or b) the receiving party delivers a written confirmation of receipt. Any notice given by fax shall be deemed received on the next business day if received after 5:00 P.M. (recipient's time) or on a non-business day.

Information for notice to the parties to this agreement 'at the time of endorsement of this agreement is as follows:

County of Merced c/o First 5 Merced County 676 Loughborough Dr. Merced, CA 95348 Attn: Executive Director

Recipient-Los Banos Police Department 945 5th Street Los Banos, CA 93635 Ray Reyna, Commander

Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act

3 Initial~

or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.

Any party may change its address or fax number by giving the other party notice of the change in any manner permitted by this agreement.

6. NON-SUPPLANTATION

GRANTEE shall abide by the intent ofthe California Children and Families Act of 1998, and Section 30131.4 of the Revenue and Taxation Code which states: "All moneys raised pursuant to taxes imposed by Section 30131.2 shall be appropriated and expended only for the purposes expressed in the California Children and Families Act, and shall be used only to supplement existing levels of service and not to fund existing levels of service."

GRANTEE warrants that no funds provided by COMMISSION shall be used to supplant existing funds from any source for any purpose.

7. SERVICES FOR CHILDREN AGE 0-5 YEARS AND THEIR FAMILIES

GRANTEE shall abide by the intent of the California Children and Families Act of 1998, and Section 130100 of the Health and Safety Code, which states the program is created for the "purposes of promoting, supporting, and improving the early development of children from the prenatal stage to five years of age. Funds provided under this agreement shall be used solely for the benefit of, andlor services to, children 0-5 and their families.

8. MODIFICATION OF AGREEMENT

Notwithstanding any of the provisions of this agreement, the parties hereafter, by mutual consent, may agree to modifications hereof or additions hereto, in writing, which are not forbidden by law and which are signed by both parties. For any proposed revisions, GRANTEE shall submit a revised Scope of Work, Budget and/or Budget Narrative, for review and action by COMMISSION and/or COMMISSION Executive Director, per COMMISSION'S contract revision processes. In the event of any proposed modifications to GRANTEE'S budget, a budget revision must be approved prior to the expenditure of any funds in excess of prior-approved amounts.

9. INSURANCE

CONTRACTOR shall purchase and maintain the following type of insurance for minimum limits indicated during the term of this agreement and provide Certificates of Insurance evidencing such coverage to the COMMISSION Attn: Certificates of Insurance, 676 Loughborough Drive, Merced, California 95348. Certificates of Insurance shall be submitted to the COMMISSION within the first 90 calendar days of the contract term. ;fA ~

4 Initial ---

....... ~ _. -

Comprehensive General Broad Form or Commercial General Liability: $1,000,000 combined single limits per occurrence and $3,000,000 annual aggregate covering bodily injury, personal injury and property damage.

Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage, or split limits of $500,000 per person, $1,000,000 per accident for bodily injury and $250,000 per accident for property damage.

The COUNTY and its officers, employees and agents and the COMMISSION shall be endorsed to above policies as Additional Insured for such liability as may be incurred in the performance of this agreement.

Workers Compensation: Statutory coverage, if and as required according to the California Labor Code, including Employers Liability limits of $1 ,000,000 per accident. The policy shall be endorsed to waive the insurers' subrogation rights against the COUNTY and the COMMISSION.

Professional Liability: $1,000,000 limit per occurrence and $2,000,000 annual aggregate limit covering CONTRACTORS wrongful acts, errors and omissions.

Insurance Conditions

Insurance is to b~ placed with admitted insurers rated by A.M. Best Co. As A:VII or higher. Lower rated, or approved but not admitted insurers, may be accepted if prior approval is given by the COUNTY Risk Manager.

Each of the above required policies shall be endorsed to provide the COUNTY and the COMMISSION with 30 days prior written notice of cancellation. Neither the County nor the COMMISSION is liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of CONTRACTOR to furnish insurance during the tenn of this agreement.

10. INDEMNIFICATION

GRANTEE has the contracted duty (hereinafter "the duty") to indemnify, defend and hold harmless, COMMISSION, its governing board, officers, employees, agents and assigns from and against any and all claims, demands, liability, judgments, awards, interest, attorney's fees, costs, experts' fees and expenses of whatsoever kind or nature, at any time arising out of or in any way connected with the performance of this Agreement, whether in tort, contract or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property

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damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of GRANTEE.

GRANTEE'S liability for indemnity under this Agreement shall apply, regardless of fault, to any acts or omissions, willful misconduct or negligent conduct of any kind, on the part of the GRANTEE, its agents, subcontractors and employees. The duty shall extend to any allegation or claim ofliability except in circumstances found by a jury or judge to be the sole and legal result ofthe willful misconduct of COMMISSION. This duty shall arise at the first claim or allegation ofliability against COMMISSION. GRANTEE will on request and at its expense, defend any action suit or proceeding arising hereunder. This clause for indemnification shall be interpreted to the broadest extent permitted.

11. RECORDS AND INSPECTIONS

GRANTEE shall maiqtain full and accurate records with respect to all matters covered under this agreement. To the extent permitted by law, the COUNTY and/or the COMMISSION shall have free access at all proper times or until the expiration of seven (7) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, premises, procedures, and activities pertaining to this agreement.

12. WRITTEN NOTICE

GRANTEE agrees to provide immediate written notice to the COMISSION if significant changes or events occur during the term ofthe GRANT which could potentially impact the progress or outcome of the GRANT including, but not limited to, changes in the GRANTEE's management personnel, loss of funding, revocation or suspension of the GRANT recipient's tax-exempt status (if applicable) or license(s).

13. TERMINATION FOR CONVENIENCE

This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by COMMISSION at any time without cause or legal excuse by providing the other party with thirty (30) calendar days written notice of such termination.

Upon effective date of termination, COMMISSION shall have no further liability to GRANTEE except for payment for actual services incurred during the performance hereunder. Such liability is limited to the time specified in said notice and for services not previously reimbursed by COMMISSION. Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by GRANTEE prior to, and in connection with, discontinuing the work hereunder

14. TERMINATION FOR CAUSE

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20. APPLICABLE LAW

All parties agree that this agreement and all documents issued or executed pursuant hereto and the rights and obligations ofthe parties to this agreement are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance.

Notwithstanding any other provisions ofthis agreement, any dispute concerning any question of fact or law arising under this agreement, which is not disposed of by agreement between the parties shall be decided by a Court of competent jurisdiction of the State of California.

21. BREACH OF CONTRACT

Upon breach of the agreement by GRANTEE, the COUNTY and the COMMISSION shall have all remedies, both in equity and/or at law, necessary to recover and satisfy GRANTEE'S obligation which it failed to provide as prescribed under the agreement.

22. REMEDY FOR BREACH AND RIGHT TO CURE

If GRANTEE fails to perform any agreement or obligation contained in this agreement, the COMMISSION may itself perform, or cause the performance of, such agreement and obligation. In that event, GRANTEE will on demand, fully reimburse the COMMISSION for all such expenditures. Alternatively, the COMMISSION at its option, may deduct from any funds owed to GRANTEE the amount necessary to cover any expenditures under this provision. This is in addition to any other remedies available to the COMMISSION by law or as otherwise stated in this agreement.

23. CONFLICT OF INTEREST

GRANTEE warrants and covenants that no official or employee of the COUNTY, or the COMMISSION nor any business entity in which an official of the COUNTY or the COMMISSION has an interest has been employed or retained to solicit or aid in the procuring of the agreement, nor that any such person will be employed in the performance of such agreement without immediate divulgence of such fact to the COMMISSION.

24. CAPTIONS

The captions of each paragraph in the agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of the agreement or in any way affect it.

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25. SEVERABILITY

If a court or an arbitrator of competent jurisdiction holds any provision of this agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portions ofthem, will not be affected.

26. DUPLICATE COUNTERPARTS

This agreement is executed in counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed by both parties.

27. DISPUTES

In the event of any dispute arising out of or relating to this Agreement, the parties shall attempt, in good faith, to promptly resolve the dispute mutually between them. If the dispute cannot be resolved by mutual agreement, nothing herein shall preclude either party's right to pursue remedy or relief by civil litigation, pursuant to the laws of the State of California.

28. ADVERTISEMENT

The GRANTEE agrees to utilize the Merced First 5 logo or a statement shall appear on all documents, for the duration of the contract, designating that the agency/organization or individual receives funding from Merced First 5.

29. SECULAR ACTIVITIES

GRANTEE, in the performance of the services pursuant to this agreement, shall refrain from any religious teaching, instruction, indoctrination, proselytizing, exposure or discussion. All services provided shall be secular and GRANTEE shall have the obligation tel ensure compliance with this provision by employees or anyone under GRANTEE'S control. The failure of GRANTEE to comply with this provision shall be deemed a material breach of this agreement.

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· .

Dated

APPROVED AS TO LEGAL FORM

James N. Fincher Merced County Counsel

~ By ________________________ __

Michael P. Calabrese, Counsel for First 5 Merced County

10

RECIPIENT

BY~ Ray Reyna, Commander Los Banos Police Department

S-I' -II

Dated

Dated I

Initial~

RESOLUTION NO.

A RESOLUTION OF THE CITY OF LOS BANOS AMENDING THE FISCAL YEAR (FY) 2010-2011 BUDGET BY INCREASING THE APPROPRIATION AMOUNT IN THE GENERAL FUND FOR REVENUE AND EXPENDITURES IN THE AMOUNT OF $3,000 FOR A "FIRST 5 OF MERCED COUNTY" GRANT TO INSPECT AND REPLACE CHILD SAFETY SEATS

WHEREAS, there has been presented to the City Council of the City of Los Banos a proposal to increase the appropriation amount in the City Budget for the 2010-2011 FY; and

WHEREAS, the City Council may adjust the overall appropriation levels in each fund at any time during the 2010-2011 FY by action to amend this budget; and

WHEREAS, "First 5 of Merced County" has provided the Los Banos Police Department a grant in the amount of $3,000 for the purchase of and replacement of child safety seats;

WHEREAS, the proposed budget amendment increase of $3,000 in revenue and expenditures for the general fund has been reviewed by City Council; and

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos approves an increase to the appropriation amount for revenues within the general fund (100-000-337-010) and expenditures within the g~neral fund (100-421-140-267), general materials and supplies, in the amount of $3,000.

The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 18th day of May 2011, by Council Member __ _ who moved its adoption, which motion was duly seconded by Council Member __ _ and the Resolution adopted by the following vote:

AYES: NOES: ABSENT:

APPROVED:



LOS Banos At the Crossroads of Calij(Jrnia

Agenda Staff Report

TO: Chairman & Redevelopment Agency Members Honorable Mayor & City Council Members

FROM: Elaine Post, RDA Director ~

DATE: May 18, 2011

SUBJECT: Presentation by Matthews South West regarding a request for a capital loan in low and moderate income funding for phase I of the 700 G Street Workforce Apartment Project.

TYPE OF REPORT: Presentation

Recommendation:

Listen to presenters Sara Reidy and Scott Galbraith of Matthews South West and ask questions accordingly. No action is being sought at this time.

Background:

On May 3, 2010 the Los Banos City Council in executive session directed staff to begin negotiations with Matthews South West for a mixed use development on the corner of G and ih Streets. The city had received a letter of interest from the Developer and asked for exclusive rights to negotiate for up to two years. Since that time staff and council members have met with representatives from Matthews South West in Los Banos as well as last week in Dallas, Texas where the company is headquartered. Today's presentation from Matthews South West will be a culmination of those meetings and an overview of the proposed project. A Disposition and Developer's agreement on the project has been drafted and is currently available for review from the RDA. The agreement will come before the council on June 1, 2011 as an action item.

Discussion:

The Los Banos Redevelopment Agency is responsible for using 20% of its tax increment to provide low and moderate/workforce housing within the Redevelopment area. In the past three years very low, low, and moderately low housing has been constructed on the Ward Street Property. The two phased project saw 100% occupancy within a three month period and reports today a combined waiting list of more than 300 local families.

According to California RDA law, 15% of housing in an RDA area is to be low to moderate income units. Low and moderate income funds collected are to be used within a three year period. To date the RDA has more than $1,500,000 available for workforce housing.

In an effort to form a public/private partnership, the RDA will work with Matthews South West to develop the G Street property which is currently housing an abandoned melon shed. The shed would be removed and Phase I of a two phase project would begin. This project will be funded with State HUD 9% tax credits, private funding from the developer, and $550,000 from the Redevelopment Agency's low/mod funding.

State housing programs are very competitive. Successful applicants create public/private partnerships with City's or Redevelopment Agencies providing land, inkind contributions and funding to assist with the project, and to help gain pOints toward an approved application. Providing funding to this project would improve chances of the developer to receive financing so construction could begin this year.

In past agreements, the RDA has leased property to developers for $1 per year over a 60 year period. If a profit is made, the RDA is to receive some of its funding back. In reality, the expectation is no profit during the 60 year period but dedication of the building after that time period to the City.

In this agreement the Developer wants to purchase the land and has agreed to reimburse the Redevelopment Agency for funds received. The developer will be asking that fees be waived and added to total loan cost. The RDA proposes therefore to pay the city impact fees over a three year period and accept reimbursement through the loan. The developer will cover all building fees up front.

In addition, this project includes 5,000 square feet of retail space which will be dedicated to the city upon completion.

The Project

Matthews South West is proposing construction of:

17 one bedroom units @ 650 sq. ft 17 two bedroom units @ 850 sq. ft

22 three bedroom units @ 1025 sq. ft.

HUD Workforce Housing funding requires set rents and incomes for workforce housing. This project will include the following makeup of workforce housing:

# Units %AMGI*

6 6 6 14 24 56

"Area Median Gross Income "" 1·8 family members

30 35 40 50 60

Unit Size **Family Rent -1-3 br Income

2-1 ; 2-2 ; 2-3 $11,850-22,350 $317-$439 2-1 ;2-2 ;2-3 $19,750-37,200 $423-$586 1-1 ; 2-2 ;2-3 $31,550-59,500 $475-$659 4-1 ; 4-2 ;6-3 $39,400-74,300 $528-$732 8-1 ;7-2 ;9-3 $47,300-89,150 $634-$879

17-1; 17-2; 21-3

1 & 2 bedroom units will have one bath with three bedroom units receiving 1 % baths Each unit will have a laundry hookup One unit will be for the project manager

This project also includes 1 community room adjacent to a laundry facility; manager office located in the common room; pocket park and other amenities.

And at the City's request, 5000 square feet of retail space will be constructed and deducted from funds owed to the city.

Funding

Funds to remove the packing shed will come from the $17 million Tax Allocation Bond and will not be reimbursed. (NOTE) As these are tax exempt bonds the RDA cannot be paid back for use of the funds.

Funding for the project will come from the City's Low and Moderate Income Budget and will be replaced over a period of 15 years.

Total Project Contribution from the RDA would be:

$550,000 - RDA Low/Mod funds - funds for project and state scoringPaid When Tax Credits Approved to Developer

$100,000 - Bond Financed Already Planned

$1.5 million - Waiver of Impact Fees Paid over 3 years by RDAI Reimbursed through loan from Developer

$100,000 - Staff In-Kind

$2,250,000 total contribution reported

Developer to Pay Back over 15 years @ 3.5%

$318,859 - Land $1.5 mil - Impact Fees $550,000 - Cash

$2,368,859 - total loan - Appraised value of Retail - Total x 3.5% = amount owed city paid over 15 years

Fiscal Impact:

The RDA Low and Moderate Income fund has approximately $1.8 million available for low and moderate income housing projects.

Attachments:

Letters from Matthews South West Parcel Drawing of Site

"

MATTHEWS SOUTHWEST

Matthews Southwest 1660 South Stemmons Freeway Suite 100 Lewisville, Texas 75067-6315 Tel.: (972) 221-1199 Fax: (972) 221-1217

Mr. Steve Rath, Executive Director Redevelopment Agency of the City of Los Banos 520 J Street Los Banos, california 93635

RE: Letter of Intent to Develop Mixed Use Project (700 G Street)

Dear Mr. Rath,

May 9,2011

The purpose of this letter is to request the Redevelopment Agency of the City of Los Banos to consider an

amended proposal and Disposition and Development Agreement with Matthews Southwest (MSW) or its

assignees. Consistent with our ongoing discussions, MSW seeks to align with the Agency and acquire

property identified as 700 G Street and to construct a mixed use multi-family residential and retail project upon receipt of funding from the California Tax Credit Allocation Committee (CTCAC).

This project will incorporate the vision of the Agency for the Rail Corridor. Site design, building materials

and visual amenities will be consistent with the approved master plan. With the support and participation

of the Agency MSW shall prepare a competitive CTCAC application combining Federal and State credits with local government contributions and private sector funds. Pursuant to negotiation and approval of

the CTCAC application, all local contributions shall be repaid from the cash flow of the project.

The project is a mixed use fifty-six (56) unit rent restricted residential building with approximately 4,500

sq.ft of ground floor retail space. The intended reSidential mix is seventeen (17) one bedroom,

seventeen (17) two bedroom and twenty- two (22) three bedroom units plus one property manager's

unit. Rents shall be in compliance with State and Federal regulations.

To maximize scoring and financial success of the project 10% of the units (6) will be reserved for families

with 30% Average Median Income (AMI); 10% of units (6) for 35% AMI families; 10% of units (6) for 40% AMI and 25% (14) will be reserved for 50% AMI families. The remaining units (24) will be reserved

for 60% AMI families.

This amended proposal is for a smaller site than originally discussed to enhance our competitiveness for a

CTCAC award. Be advised, MSW remains committed to the area and respectfully requests an option to

acquire the adjacent parcel, 800 G Street subject to negotiation and DDA to complete our original plans.

We look forward to working with your staff on this project to our mutual benefit and thank you for your

assistance to date.

Respectfully ~~

Kristian Teleki Senior Vice President

-" .

AA MAT'rHEWS SOUTHWEST

Matthews Southwest 1660 South Stemmons Freeway SUite 100 Lewisville, Texas 75067-6315 leI.: (972) 221-1199 Fax: (972) 221-121"7

Ms. Elaine Post, Director Los Banos Redevelopment Agency City Hall 520 J Street Los Banos, California 93635

May 3,2010

RE: Letter of Interest - Exclusive Right to Negotiate (Rail Corridor Property Seventh and G streets)

Dear Ms. Post,

The purpose of this letter is to formally request the Redevelopment Agency of the City of Los Banos to

consider an Exclusive Right to Negotiate/Disposition and Development Agreement with Matthews

Southwest (MSW) toconstruct a mixed use multi-family residential and retail project. We wish to

acquire the above noted property (refer attachment) and construct approximately 105 residential units

and 10,500 square feet of ground floor retail space fronting Seventh Street.

This project will incorporate the vision of the Agency for the Rail Corridor. Site design, building materials

and visual amenities will be consistent with the approved master plan. Further, MSW's proposal will

offer a mix of market value or "workforce" rental units in addition to low income units.

Given the harsh economic environment adversely impacting the community and surrounding region

MSW wishes to avail itself of available programs and resources to financially support the project, in

particular the California Tax Credit Allocation Committee (9%). Merced County has not received an

allocation since 2007 (Los Banos). In tandem with other programs the CTCAC may assist the community

encourage development in target areas such as the Rail Corridor.

We look forward to working with the Agency and respectfully request an opportunity to meet and

discuss options to achieve our mutual objectives in the near future.

Sincerely,

Id-~ Kristian Teleki Senior Vice President

_ ..

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PARCEL 1 APN 025-114-011 0.91 AC. NET /(llt ,

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PARCEL 1 PARCEL 2

BEING SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF MERCED, CITY OF LOS BANOS AS BEING SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF MERCED, CITY OF LOS BANOS AS SHOWN ON THE TOWN MAP OF LOS BANOS. SHOWN ON THE TOWN MAP OF LOS BANOS.

BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 51, OF SAID "TOWN" MAP, THENCE SOUTH 61"1 8~00' EAST, ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK 51, AND ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN5.629 ACRES PARCEL OF LAND, AS SHOWN BY SAID QUIT CLAIM DEED, AND A LINE THAT IS PARALLEL WITH AND 100.00 FEET PERPENDICULAR TO THE SOUTHWESTERLY LINE OF "G" STREET, A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID BLOCK 51;

SEGINNING AT THE SOUTHWEST CORNER OF BLOCK 52, OF SAID "TOWN" MAP, THENCE SOUTH 61'8'00" EAST, ALONG THE SOUTHWESTERLY UNE OF SAID BLOCK 52, AND ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN5.629 ACRES PARCEL OF LAND, AS SHOWN BY SAID QUIT CLAIM DEED, AND A LINE THAT IS PARALLEL WITH AND 100.00 FEET PERPENDICULAR TO THE SOUTHWESTERLY LINE OF "G" STREET, A DISTANCE OF 400.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID BLOCK 52;

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RECORD BOUNDARY

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LOC,K 51 & 52 OF THE TOWN MAP OF LOS BANOS

COUNlY OF MERCED STATE OF CAUFORNIA

'00' 50' '00'

SCALIE: 1"=100'

PARCEL 1 EXCEPTIONS:

PER PRELIMINARY REPORT NO. 11-00541-KLR PREPARED 04/08/11 BY TRANSCOUNTY TITLE CO.

AN EASEMENT FOR DITCHES, AND, INCIDENTAL PURPOSES, GRANTED TO SAN JOAQUIN &: KINGS RIVER CANAL &: IRRIGATION COMPANY, A CORPORATION, IN THE DOCUMENT RECORDED NOVEMBER 21, 1879 IN BOOK P DEEDS AT PAGE 280, MERCED COUNTY RECORDS. AN EASEMENT FOR ROAD ACCESS, PUBLIC UTILITY ACCESS, CURB, GUTTER, SIDEWALKER TRAFFIC SIGNAL. AND INCIDENTAL PURPOSES. IN THE DOCUMENT RECORDED APRIL 6, 2006 AS SERIES NO. 2006-025009 OF OFFICIAL RECORDS, MERCED COUNTY.

PARCEL 2 EXCEPTIONS:

PER PRELIMINARY REPORT NO. 11-00542-KLR PREPARED 04/08/11 BY TRANSCOUNTY TITLE CO.

AN EASEMENT FOR DITCHES, AND INCIDENTAL PURPOSES, GRANTED TO SAN JOAQUIN &: KINGS RIVER CANAL &: IRRIGATION COMPANY, A CORPORATION, IN THE DOCUMENT RECORDED NOVEMBER 21, 1879 IN BOOK P DEEDS AT PAGE 280, MERCED COUNTY RECORDS.

'NOTE: ITEM 7 IN BOTH TITLE REPORTS IS NOT PLOTT ABLE BY THE DESCRIPTION AND IS BLANKET IN NA TURE.

THENCE NORTH 28'42'00" EAST, ALONG THE NORTHWESTERLY LINE OF EIGHTH, STREET, 80 FEET WIDE, A DISTANCE OF 100.00 FEET TO THE NORTHWESTERLY CORNER OF SAID BLOCK 51;

THENCE, NORTH 61'8'00" WEST, ALONG THE NORTHEASTERLY LINE OF SAID BLOCK 51 AND THE SOUTHWESTERLY UNE OF "G" STREET, 80.00 FEET WIDE, A DISTANCE OF 400.00 FEET;

THENCE NORTH 28'42'00" EAST, ALONG THE NORTHWESTERLY LINE OF NINTH STREET, 80 FEET WIDE, A DISTANCE OF 100.00 FEET TO THE NORTHWESTERLY CORNER OF SAID BLOCK 52;

THENCE, NORTH 61'8'00" WEST, ALONG THE NORTHEASTERLY LINE OF SAID BLOCK 52 AND THE SOUTHWESTERLY LINE OF "G" STREET, 80.00 FEET WIDE, A DISTANCE OF 400.00 FEET;

IB Consulting 5 ervices THENCE, SOUTH 28'42'00" WEST, ALONG THE NORTHWESTERLY LINE OF SAID BLOCK 51,

AND THE SOUTHEASTERLY UNE OF SEVENTH STREET, 80.00 FEET WIDE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.

APN 025-114-011

THENCE, ,SOUTH 28'42'00" WEST, ALONG THE NORTHWESTERLY LINE OF SAID BLOCK 52, AND THE SOUTHEASTERLY LINE OF EIGHTH STREET, 80.00 FEET WIDE, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.

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lucy mallonee

From: 'lent: ro: Subject:

Joe Sousa [email protected]] Friday, April 22, 20113:25 PM lucy mallonee May 4th Agenda Items

I am requesting that the following items be added to the May 4th Los Banos City Council agenda.

Request to have staff develope a proclamation award policy, for the purpose of formalizing the presentation and award of proclamations to Commission members by the Los Banos City Council and mayor.

Request to place on the agenda for discussion, the Status and Process of the RTIF fee as it relates to the Los Banos Bypass Project, including level of fees collectd and or expended to date.

Request to place on the agenda for discussion, the status of the Los Banos Bypass Project, including all expenditures of local and all other funds, including costs incured in One Voice efforts by the City of Los Banos.

Respectfully

JHS

1

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