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Home My WebLink AboutA6069 - PLAYSAFE LLC PLAYGROUND SAFETY AUDITS CONSULTING SERVICES AGREEMENT (Playground Safety Audits—PlaySafe, LLC) THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on August 1, 2015, by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and PlaySafe, LLC, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a playground safety auditing firm for inspecting the City's playground equipment, ("Project"). B. Consultant has submitted to City a proposal to provide playground safety auditing services, to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide playground safety auditing services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govem. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. I Revised:6/16/10 720599.1 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation shall not exceed $ 6,400. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Chanees. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:6/16/10 720599A 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of eleven months, commencing on August 1, 2015, and ending on June 30, 2016, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause, upon thirty(30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Sam "Butch" DeFillipp, Managing Partner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any 3 Revised:6/16110 720599.1 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Sam "Butch"DeFillippo Managing Partner 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, 4 Revised:6116M 720599.1 or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Desian Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party"; collectively"Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. g Revised:6116/10 720599.1 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 6 Revised:6/16110 720599.1 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. 7 Revised:6/16110 720599.1 To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: P1aySafe, LLC Attention: Sam "Butch" DeFillippo P.O. Box 66056 Albuquerque, NM 87193 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. hi the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. $ Revised:6116110 720599.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: 1n1 , �1 �o�� By: avid H. Ready City Manager APPROVED BY CITY MANAGER APPROVED AS TO FORM: ATTEST By: V By: z Dougla C. Holland, es Thompson, City Attorney City Clerk "CONSULTANT" PlaySafe, LLC Date: ` [(C By SaamA "Butch" DeFillippo A"� a .�Part r 7 Date: �J t Cherie DeF1 ip a usiness Manager 9 Revised:6/16/10 7205991 CALIFORMU ALUMRPOSE ACNJIOfYLB6=ENT CIVA CODE§1180 A nouny p Nic or Whir dim cmWk"gm carfifinva vane o*the dwmrj of the rAvAd who signed the dhx:unwa fn which to cavkm a starched,and not the truftill new acavacy a validity of dm dnnxrrrnt state of Crei€arrua. ) Courrty of } On before me, Date Hare knert Ahme and Trif a of tine Off peracnally appeared Nel ems ) who proved to rcie on the bmia of aebafacinry evidanca to be the per=*) whose riane(e) Were autscrkaed to the vdthih tmhument and acknowledged to me that ha/aheflhey executed the wane in hieAwAhew aMarmid capacky(ma),and that by healwAheir sigrhature(s)orh the kmdmmnent the peracn(s), or the entity upm behaff of which the person(a)acted,executed the ireburrrent. I certify under PEf4ALTY OF PERJURY under the Iavra of the State of Caftmia that the foregoing paragraph is true and caned Wn ESS my hand and oflicW amL Signature Signsarre of Notary Pub& Piece Abbey Seed Above OPIFDIYAL Though the sec£ora is apborwf,cornpefing Nma wYannafion can deter akerdion of Ow darxanent of fraudrAari heattadhmerd of Bea farm to an rrnvdended dow L Description of Attached Docuenent Title or Type of Document Dcoirawnnt Date: Munher of Pages: Segmer(s) Odw Than Married Above= Capecitoeal Ct--d by Siprer(al S Wmea Nernst Sigrher a Marie_ ❑Corporate Officer—Tkk*y Cl Carpo alle Officer—Tb*): ❑Parbw— 0 Limited ❑ttenersil ❑Parbw— 0 united ❑Oenwet ❑irdrwmkw ❑AtIomey m Fad ❑Individual ❑Attorney in Fad ❑Tnmtee ❑Clhardim or Conservator ❑Tnxfte ❑Quardan or Conservator ❑other: 0 Other. sigh—Is Repreaen5ng: Signer Is : C2M4 National Nosy Aaaoc®tiva•w Nabmw#4otary.nag•1-8D3-115 NDTARY(t-80047&Q&n kern E5@U 10 Revised:6/16/10 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Revised:6116/10 720599.1 PIaysde,LLC Recreational Consulting & Services Proposal for the City of Palm Springs CA July 13, 2015 Vicki Oltean,Director,Parks and Recreation City of Palm Springs 401 S Pavilion Way Palm Springs, CA 92262 760.323.8272 Phone 760.323.8279 Fax V icki.Oltean @ pal msprings-c a.gov Dear Director Oltean Thank you for your request regarding the services Pla,/We, LLC can provide concerning playground safety inspections. We at NaySde, LLC look forward to again working with you to improve the lives of children at the City of Palm Springs. Playground Inspections PlaySoCe, LLC will conduct an inventory and inspection of the City of Palm Spring's 8 playgrounds' (1. Baristo, 2. Demuth, 3. Desert Highland, 4. Leisure Center, 5, Ruth Hardy, 6. Sunrise, 7. Victoria, and the 8. Airport) equipment. ASTM/CPSC requirements that would require the disassembling or alternating of the equipment/footings (for example Structural Integrity and Stability and Swing Impact Testing) are not tested. A team of National Parks and Recreation Certified Playground Safety Inspectors will conduct the inspection. We will produce an inventory of the equipment and conduct an inspection of the equipment to determine compliance with the ASTM(98 and 11), ADA, &CPSC—excluding the toddler sections. Cost: $400.00 per park X 8 parks =$3200.00 per inspection.We normally require 2 weeks to schedule the work. PloySafe, LLC staff members have dedicated our professional and personal lives to enhancing the lives of children. We have presented a unique and thorough auditing program proposal that has worked for communities (such as: Phoenix AZ, Dallas TX, and Bakersfield CA) and school districts (for example: El Paso TX ISD, Los Angeles CA, Albuquerque NM, and Broward County FL) for over 17 years. All audits will be conducted by a team of inspectors (we have 6 NPSI Inspectors). Our promise to you is that we will dedicate all of our resources to complete your safety audits on time and in detail! PlaySofe, LLC has been inspecting playgrounds since 1997 (18 years). Play$ofe, LLC staff have been playground inspectors for the following amount of time; Butch DeFillippo(20 years),Terry Boning (16 years), Chris Orlando (l l years), Dr. Nancy White (9 years), Cherie DeFillippo(8 years) and Chris DeFillippo (1 year). RAF uquwmew MA144UFACTURERS PySdC[AT1pM ASSOCIATE MEMBER Play5a4e. LLC is the 1"Associate Member of IPEMA I R PIAB BIIC NIPW { N;ou m OC ! cess - MWXAmi a9ad m _tee uuuroawunu rwswowaunu E tlRWff h4WlWWi terianee bap. . IhtllA4tlltl b N � M-d w a b, H. RYA b mum � � �•.r ham...�C 7 fri Nil Examples of the books written by PlaySafe, LLC staff on issues such as Master Plans, Economic Impact Studies, Feasibility Study Process, & Citizen Surveys for the National Recreation & Parks Association, the American Association of Leisure & Recreation, & the American Alliance for Health, Physical Education, Recreation & Dance General Information: PloySafe, LLC payment terms- are 30 days or a 1.5-% late fee will be charged. If there are any additional costs for business for a project it will be necessary to add them to this quote. Pricing is available for calendar year 2015 and 2016. • PloySol'e, LLC has Professional Liability, Worker's Compensation, General Liability, and Auto Liability Insurances. We have attached copies of our audit documents for review purposes only. Please understand that they arc copyrighted and permission has not been provided for their use. "Unfortunately, more than 200,000 children are treated in U.S. hospital emergency rooms each year for injuries associated with playground equipment. Most injuries occur when children fall from the equipment onto the ground." Ann Brown,Chairman, U.S Consumer Product Safety Commission Names and qualifications of NySofe, LLC team members that can be assigned to this project: Sam (Butch) DeFillippo: Managing Partner/Inspector Butch has 30+ years of experience in the parks and recreation field prior to his work with PhySacc, LLC. He holds both a BA and MA degree in Parks and Recreation Administration. He has qualified for the following certifications: NPSI Certified National Playground Safety Inspector (NPSI), National Recreation and Parks Association Certified Parks and Recreation Professional (CPRP), Stranco Public Pool Operator Certification, TRIAX 2000 Surface Impact Tester (ASTM F1292 compliant). He serves as a legal expert witness, an advisor to numerous national organizations and committees, a consultant to hundreds of government agencies, non profit organizations and to the private sector. Butch is quoted frequently in the professions national publications. C.,ayqqMM SafnYlnspcctor 2 Terry Boning Inspector Terry is a retired Elementary Physical Education Teacher with more then 25 years working for public schools. Terry has a Bachelor of Science in Physical Education and Health. He worked for a city Parks and Recreation Department for several years (two of them as the director of the summer recreation program a middle school) and was the director of a country club swimming pool. Terry is a NPSI Certified National Playground Safety Inspector and he passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM F1292. ��a Rr imxnm Chris Orlando: Production Coordinator/Inspector Chris has 20+ years experience in parks and recreation and government agency work. He is trained in the parks and recreation field and is certified as a NPSI National Playground Safety Inspector(NPSI) as well as TRIAX 2000 Surface Impact Tester(ASTM F1292 compliant). He is an expert on parks, recreation, sport, aquatic and facility computer simulations and design work and provides PlaySal'e LLC with final product documents, reports, concept plans and design elements. PcP.�,uj�a SafHyl peRor ' Cherie DeFillippo:Business Manager/Managing Member/Inspector Cherie has a Bachelor of Arts in Community Health and has an extensive background working in the recreation field. Cherie has worked for the City Parks and Recreation Departments, Paradise Hills Country Club, and local childcare facilities. Cherie has more then 30 years working with children and as the owner of her own business has successfully managed an office for 15 years. Cherie is a NPSI Certified National Playground Safety Inspector and she passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM F1292. cmmd pp1�ayp nd Saklyim{reR« ICI Dr.Nancy White: Special Projects-Planning Services/Inspector Nancy has 35+years experience in the parks and recreation field. She holds a BA, MA and PhD degrees in Parks and Recreation as well as a MPA degree in Public Administration. She is a National Recreation and Parks Association Certified Parks and Recreation Professional (CPRP). Dr. White is an expert on risk management prevention in the parks and recreation field as well as in aquatics. She is a consultant from Play—are, LLC to hundreds of agencies and is sought after as a frequent presenter of workshops in the parks and recreation risk management field. Dr. White is a NPSI Certified National Playground Safety Inspector and has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM F1292. c an.a " . S. Christopher DeFillippo: Inspector Chris has a B.A in Politics and Government and coached youth sports, Chris is a NRPA Certified National Playground Safety Inspector and has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM F1292. cm�a d Dr. Craig Kelsey: Team Leader-Planning Services/Inspector Craig has 40+years experience in the parks and recreation planning field. He holds a BS, MS and PhD degrees in Parks, Recreation and Environmental planning. He has been the lead on hundreds of parks and recreation planning studies for P/oySafe,LLC and is noted for his development of the Q-SORT focus group citizen involvement model and the ENVIROPLAN community planning approach. Dr. Kelsey is the author of professional research and application articles found in the professional literature as well as textbooks used both by planning specialists and university courses. He is the author of The Parks and Recreation Master Plan Process, the most quoted text in the field. Dr. Kelsey has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM F1292 3 Mary Boning Inspector Mary earned her Bachelor of Science in Nursing and Master of Arts in Adult Education. Mary worked in the heath care industry for over 38 years. Mary has been a nurse, coordinated education programs, and the director of hospital departments. Mary has passed the training program for the TRL4X 2000 Surface Impact Tester in compliance with the ASTM F1292. Brain Cox: CAD Drafter/Inspector Brain is the CAD and 3D graphic artist for ➢l6y5a(' LLC. He holds a BA degree in Architecture and is an expert in AutoCAD, 3D Studio, VIZ and other architecture, design and simulation programs. He is TRIAX 2000 Surface Impact Tester trained(ASTM F1292 complaint) and assists Chris with parks,recreation, sport, aquatic and facility computer simulations and design work. Dr.Todd Seilder: Special Projects-Planning Services Todd has 20+ years experience in the sports management and planning field. He hold a BS, MS and PhD in Physical Education and Sports Administration. He is the Past President of the Sport and Recreation Law Association (SRLA) and has also served as its Executive Director. Dr. Seilder is an expert on risk management, injury prevention, legal issues and sport and recreation facility planning and management. He is the co author of the most widely used text in the physical education and sport facility planning field. With ➢loy5of'e, LLC he is a widely sought after workshop presenter and planning consultant. Clientele PlaySafe,LLC has conducted services for the following agencies. Please feel free to contact any of our clients: • County of Los Angeles,CA Luci Guterrez 323.267.2265 Audit of 120 playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development • California Joint Powers Insurance Authority, CA Joe Eynon 562.631.1086 Play5ofe, LLC presented at many CJPIA conferences (2000-Present) on playground safety and litigation. We provide CJPIA member's parks and recreation risk management, defending your agency against lawsuits, and playground safety seminars and trainings. • Los Angeles Unified School District, CA Ken Ings 310.808.1532 Audit of over 50 playground surfacing and safety training of staff • City of Bakersfield,CA Tom Jones 661.326.3268 Audit of over 70 playgrounds, site punchlists, surfacing testing, maintenance training, department wide master plan, and a system-wide park plan • Broward County Public Schools FL Dennis J. DiLeonardo 754.321.1662 Audit of over 10 playgrounds • Nova Southeastern University FL Fred Wilson 954.262.8816 Audit of 2 childcare center playgrounds and 2 playing fields • City of Gallup, NM Eric Honeyfield 505.863.1220 Audit of 21 playgrounds and a department wide master plan 4 • Carlsbad Municipal Schools,NM N/A 575.441.8187 Audit of all playgrounds (23), training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development,and playing field testing • City of Phoenix,AZ Joe Diaz 602.534.2161 Audit of over 150 playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development, and playing field testing • Albuquerque Public Schools,NM Rick Leydig 505.975.3738 Audit of 114+ playgrounds, training of staff, playground equipment recommendations for purchase, layout and design, and review of playgrounds, fund raising, master plan development, maintenance program development, presentations, and playing field testing • City of Plano,TX William Dakin 972.941.7250 Athletic facilities department wide master plan, department wide playground audits (over 20) • Town of San Anselmo, CA Debbie Stutsman 415258.4652 Department wide master plan • City of Flagstaff,AZ Phillip Garcia 520.774.5281 Audit of 5 playgrounds • Pima County, AZ George Cook 520. 740.2690 Audit of over 20 newly installed playgrounds • Frisco Independent School District,TX Bob Yarger 469.633.6160 Audit of 9 playgrounds • McKinney Independent School District,TX Brian Wingburg 972.569.6500 Audit of 10 playgrounds • San Bernardino County,CA Cindy Jones 909.387.5275 Audit of 3 playgrounds • El Paso Rehabilitation Center,TX Jaime Barceleay 915.544.8484 Audit of playground, RFP development for playground equipment • City of Cupertino,CA Bob Rizzo 408.777.3215 Audit of 15 playgrounds, checklist development, maintenance checklist development, maintenance seminar and training • Fullerton School District,CA Karen Lynch 714.447.7450 Audit of 20 playgrounds • City of Burbank, CA Jan Bartolo 818.238.5300 Audit of 17 playgrounds and in-service training • City of Peoria, AZ Eric Wilson 623.773.7491 Playground safety training • City of Loma Linda,CA Robert Shenton 909.799.4435 Audit of 2 playgrounds 5 • Los Lunas Public Schools,NM Vicky Parker 505.865.9636 Audit of 25 playgrounds, maintenance training, master plan development, and consulting (playground equipment recommendations for purchase, layout, and design, and review of playgrounds) • Bernalillo County,NM Bill Vigil 505.764.6850 Audit of over 30 playgrounds, maintenance staff training, training of staff — consulting (playground equipment recommendations for purchase, layout and design, and review of playgrounds) • City of San Diego, CA Clark Ritter 619.235.5236 Audit of over 25 playgrounds • City of Clovis,NM Roger Bennett 505.769.7828 Audit of 6 playgrounds, department wide master plan, and playground safety training of staff • City of Rio Rancho,NM Charles Fernandez 505.891.5015 Audit of over 13 playgrounds, playground safety training, risk management training, bleacher inspections • Clovis Municipal Schools,NM PJ Odegaard 505.769.4300 Maintenance program development • Cooperative Educational Services,NM Lou Perry 505.344.5470 Audit of playgrounds • Village of Corrales,NM Lynn Siberts 505.899.8900 Audit of 2 playgrounds, playground safety training of staff, design legislative packet • New Mexico School for the Visually Handicapped Linda Cimmerle 505.439.4433 Audit of playground • University of New Mexico Vern Hershberger 505 277.9756 Plan review • City of Agoura Hill,CA Dale Sumersille 818.597.7361 Audit of 6 playgrounds, checklist development, playground safety seminar and training • City of Bell Gardens, CA Carlos Garcia 562.806.7650 Audit of 7 playgrounds • Fairplex, County of Los Angeles, CA Carolyn Cox 909.865.4205 Audit of playground • City of Glendora,CA Halla Speaker 626.914.8200 Audit of 9 playgrounds • City of Indio, CA Ben Salazar 760.347,1058 Audit of 7 playgrounds • Jurupa Area Recreation and Park District, CA Dan Rodriquiz 909.361.2090 Playground safety seminar and training 6 • City of Ojai,CA Stan Hakes 805.640,2560 Audit of 2 playgrounds • City of San Fernando,CA Helen Collins 818.898.1234 Audit of playground • City of San Gabriel,CA George Kotchnik 626.308 2875 Audit of 3 playgrounds • City of South El Monte,CA Keith White 626.579.6540 Audit of 3 playgrounds • City of Temecula, CA Kevin Harrington 909.694.6480 Audit of playground • City of Temple City, CA Cathy Burroughs 626.285.2171 Audit of 2 playgrounds • Amazement Square Children's Museum,VA Mort Sajadian Ph.D 804.845.1888 Audit of a 5-story high playground • City of Westlake Village, CA Audrey Brown 818.706.1613 Audit of 4 playgrounds • Civil Service Commission Pueblo,CO Steven Colton 719.584.0825 Developed written exams for staff • County of San Bernardino,CA Cindy Jones 909.387.5275 Audit of 3 playgrounds playSofe, LLC has also conducted playground work for the following agencies (Additional information is available from this list): Homeowners Associations/Property Management Ascot Home Owners Association CA* Carden Arbor View Schools CA* Assistance League of Antelope Valley CA* Compass Management Group CA* Coyote Creek Home Owners Association CA* Expressions Home Owners Association CA* Fairway Crest Home Owners Association CA* Concord Capital Assets CA* New Horizons Home Owner's Association CA* Santa Elena Home Owners Association CA* Santa Teresa Home Owners Association CA* Summerfaeld Home Owners Association CA* Harvard Square Maintenance Association CA* Terraces Home Owners Association CA* Village Grove Home Owners Association CA* Vintage Hills PCA CA* Vistara Home Owners Association CA* Condominium Management Services CA* New Horizons Homeowners Association CA* Keystone Pacific Property Management Incorporated CA* Glendora Springs Home Owners Association CA* Home Garden Home Owners Association CA*Mountain View Park Home Owners Association CA* Warren Properties NM* Fairway Crest Home Owners Association CA* Warren Properties NM* Walters Management Company* Carmel Mountain Ranch HOA* Zia Apartment Management NM*Sunrise Apartments NM Playground Equipment and Surfacing Representatives and Companies Triple M AZ, NM, CA, CO TX * Miracle Playgrounds AZ CA* Churchich Recreation LLC, CO, NM* Exerplay Incorporated AZ, CA, NM TX *PlayWell TX, NM * GameTime AL * Detailed Play Systems NJ * Brewer's Ledge, Inc MA * Recreation Consultants of Texas TX *Robertson Industries Inc AZ, CA, NM * Child Safe Products, Inc,AZ, FL,NY*Cre8ate Play CA,MN, NJ, NM, PA, TX*Carpathian Industries NJ Attorneys Davis W. Smith -Attorney at Law TX* Ferguson Firm - Attorneys at Law TX* Eaton, Martinez & Hart - Attorneys at Law NM*Plattner Verderame, PC AZ*Zachar Law Firm AZ*Narvaez Law Firm NM*Mickey Barnett Law Offices NM*Robert G. Marcotte -Attorney at Law NM*Matthew L Riggs, At Law AZ* Breyer Law OJTices AZ*Low, Ball&Lynch CA*Thomas, Thomas, & Hafer PA 7 Schools/Dayeares El Paso Independent School District TX, Campbell Hall School CA* Garland Independent School District TX *Chadwick School CA*Chapter One/Kid's Corner CA*Crane School CA* Fresno Christian Schools CA*Good Samaritan Hospital CA*Bernaiillo Public Schools NM*Santa Fe Public Schools NM *La Mesa United Methodist Children Center CA* Montessori Center School of Santa Barbara CA* San Francisco School CA *St. David's Private School CA*Holy Ghost Catholic School NM:'North Side Christian Early Childhood Development Center CA* Pacifica Co-Op Nursery School CA* Peninsula Heritage Preschool CA*Grace Baptist Church CA*St. Peters Episcopal Church &Preschool CA*Trinity Lutheran Preschool and Church CA*Sonshme Factory CA*Pilgrim Children Center CA* Valley Beth Shalom Nursery School CA*Santa Fe Kids Companv CA*Kids Town CA*NW YMCA Pima County AZ*Montessori Academv CA* The Broadoaks Children's School of Whittier College CA*Alamogordo Public Schools, NM*St. Luke Lutheran Preschool & Kindergarten NM*Auraria Higher Education Center Early Learning Center CO* Mesilla Valley Christian Schools NM* LA Mission College Child Development Center CA* Dallas Independent School District TX* Catholic Charities of the Archdiocese of Newark NJ* Socorro Independent School District TX Installation Companies Jon Del Construction CA* Geoscene Construction Incorporated CA* Castello Incorporated CA* Henneberger Construction TX* Hansen & Prezzano Builders, LLC NM, CA* Banes General Contractors TX* West Point Contractors AZ*Gordon Construction NM*Silverion Construction TX*NLR Builders TX * The Sambrano Corp TX* Centex Homes CA* Doose Landscape Inc CA* GN Construction TX* Court Concepts Inc CA* The Hilltop NM* Highland Enterprises NM* Baca Trees NM* Southwest Parks & Playgrounds TX* DanTex Construction TX* Southwest Growth TX* Canaday & Company CA* Smith & Butler Construction Inc CA* FT James Construction TX* Jan Car Construction TX* Blair Hall Company TX*Hint Building Company CA, TX*Longford Group, Inc., NV,NM Other Agencies Feller Theological Seminary CA*Presbyterian Ear Institute NM* Chapman Companies NM*New Mexico Department of Energy NM* Eldorado Community Improvement Association NM* City of La Palma CA* MBA Interior Architecture NM* Facility Management NM* Stagecoach Stop RV Park NM* National Recreation and Park Association Western Service Center CO* Alamogordo Public Schools NM* Barnabas, Kane & Associates Landscape Architects, AZ* Tierra Verde Industries CA* McGann & Associates Inc AZ* Portuguese Bend Beach Chub CA* Darla Schleyer Interiors NM* San Francisco Giants*San Diego Zoo CA* White Sand Missile Base NM*Chicago Park District IL* Tacoma Parks WA* City of West Hollywood CA*City of Dallas TX*Desert Recreation District CA The following chart is intended to be a brief summary of Play5arm LLC staffs experience in the parks, recreation, and education planning field. PROJECT '! AGENCY Parks and Recreation Master Plan City of Gallup,NM Parks and Recreation Master Plan Beaumont-Cherry Valley Recreation and Park District, CA Summer Camp/Recreation Program Belvedere-Tiburon Recreation Marketing Study Department,CA Parks and Recreation Master Plan Cathedral City, CA Parks and Recreation Master Plan Town of San Anselmo,CA Parks and Recreation Master Plan City of North Logan, UT System Wide Park Plan City of Bakersfield,CA Athletics Planning Study City of Plano,TX System Wide Park Plan Coachella Valley Rec &Park Dist.,CA Parks and Recreation Master Plan City of South Jordan, UT Parks and Recreation Master Plan City of Clovis.NM 8 nn as ea. AITLSfIle`l:('�1IbY- t ,'tri 'Y' >s,w`f`n3e k}..I;.A� f'a•. � Parks and Recreation Master Plan City of Bakersfield,CA National Study of the Commercial UBS Capital New York, NY Playground Industry Parks and Recreation Master Plan City of Coachella,CA Parks and Recreation Master Plan Cache County, UT Parks and Recreation Master Plan City of Foley,AL Senior Games Economic Impact Study Palm Desert,CA Elementary School Physical Education Santa Fe Public Schools,NM Curriculum Development Study Survey of Community Residents City of Rio Rancho, NM Parks and Recreation Master Plan Coachella Valley Recreation& Park District,CA Economic Impact Study International Balloon Fiesta Parks and Recreation Master Plan City of Santa Fe,NM Assessment of Citizen Perspectives State of New Mexico Regional Softball Economic Impact Study City of Clinton, UT Parks and Recreation Master Plan City of Rio Rancho,NM SCORP State of New Mexico Parks and Recreation Master Plan Bernalillo County,NM Private Sector Recreation Study State of New Mexico Parks and Recreation Master Plan City of Hyrum, UT Parks and Recreation Master Plan City of Smithfield,UT Parks and Recreation Master Plan City of Logan,UT Parks and Recreation Master Plan City of Ogden,UT Economic Impact Study New Mexico State Fair Parks and Recreation Master Plan City of Moab,UT Awards During their professional careers, PlcySofe, LLC staff members have been awarded or have achieved numerous accomplishments. They include (but are not limited to): • Members of: NRPA Advisory Board, National Executive Development School Advisory Board, National Risk Management & Safety School Planning Committee, and NRPA Playground Maintenance Service Course's Curriculum Task Force and NRPA CPSI Exam Review Committee • Member of the International Playground Equipment Manufacturer Association Safety School Steering Committee • Contributing as an interviewee for the Center for Injury Research and Policy at John Hopkins 9 • Contributed as a Stakeholder Reviewer for the National Resource Center for Health and Safety in Child Care, Performance Standards: Guidelines for Out-of-Home Child Care Programs • Presenting at hundreds of national (National Recreation and Parks Association Congress, NRPA - National Executive Development School), regional (NRPA Southwest and Midwest), and state conferences (American Society of Safety Engineers Annual Health & Safety, New Mexico Recreation & Park Association, California Park & Recreation Society, Cooperative Educational Services and Business Community Representatives, California Joint Powers Insurance Authority, New Mexico Association of Health, PE, Recreation and Dance, Texas Recreation and Parks Society, Utah Recreation and Park Association, Texas Parks & Wildlife Associations, Texas Head Start Association) • Certification Board Members and Chair • Rising Star of Forbes Magazine • Dean of California State Bakersfield, Full Professorships at the University of New Mexico, Utah State, University of South Dakota, California State Universities; Bakersfield, Fresno and Northridge, Director of Parks and Recreation Department • Winners of national and state awards (NRPA - PIN Department Program Brochure Recognition, NMRPA - Park/TrailBike Paths Design Award, Outstanding Grounds Maintenance Award Winner Recipient of the Duke Jory Scholarship Outstanding Program Award Winner Youth Basketball, recipient of the Outstanding Young Professional Award) • As volunteers worked with youth and adults as baseball, football, soccer and swimming coaches, Head Evaluator of the New Mexico Special Olympics State Games, Regional Chair of the Utah State Games and leaders in the boy scouts and car clubs • Professional coaches • Authors of frequent university text books, articles and papers We at PloySofe, LLC Really Care! If you have any questions or if you would like additional information please call me at 505. 250.5689. Sincerely, " Defeo Sam"Butch" DeFillippo, MA, CPRP, NPSI Playground Inspector(CPSI) Managing Partner Phone: 505.899.9532 *Toll Free: 1.87PIaySafe Web Site: http://www.play-safe.com *E-mail: playsafe@play-safe.com 10 Equipment Example Provided Below Site: Your Childcare Center at Sunshine School City/State: Your Town / TX , Manufacturer: Little Tikes Audited by: (PlaySafe) C. DeFillippo & Dr. N. White Height: 60" _ Materials: Metal and Plastic � Surfacing: Unitary Date of Audit: 2/25/15 Age of Intended Users: 5-12 Name of Structure: Composite Recommended Action #s: 1=Remove 2=Modify 3=Meet with manufacturer 4=Increase use zone 5=Install border material 6=Add/loosen surfacing 7=Maintain 8=Relocate 9=Repair or replace with correct materials 10=Special Instructions (See attached) Structure What does not meet Guideline# Action # requirements (1-9) Composite Surfacing is unitary and sand ASTM: 13.2 7 CPSC: 4.5 Use zone to wall is 69", to ASTM: 9.2.1 4/8 concrete is 71.5" and should be CPSC: 5.1.1 72" or greater for stationary equipment Entanglement: Bolts on both ASTM: 6.4.2 1/2/9 ends of blue climber projects CPSC: 9.4 upward on a horizontal plane Protrusion: Legs of ships sale ASTM: 6.3 1/9 panel are protrusions CPSC: 9.2 ©Copyright 1998 PlaySafe LLC We have attached copies of our audit documents for review purposes only. Please understand that they are copyrighted and permission has not been provided for their use. Il Surfacing Example Provided Below Requesting Agency: Your School Address: 123 John Lane NM Phone #: 555.865.3900 Test Site Address: Green School 456 Happy Lane Audited by: B. Cox and T. Boning Type of equipment: Chin-up-bars Type of surfacin : Unitary Drop Height: 81" Air Tem erature: 42 degrees Date of Audit/ Time of Audit: 3/4/15 / 9:21 Date of Report: 3/6/15 Condition of Surfacing: Good/New DROP Drop #1 Drop #2 Drop #3 Average Surfacing Depth Does AREA Temp. of Surfacing G Force/HIC/ G Force/HIC/ G Force/HIC/ G Fose/HIC Material Conform Velocity Velocity Velocity Before/After A 54/ 195/ 57/208/ 64/238/ 60.5/223 40 degrees Unknown YES 23.2 23.1 23.2 B 51 / 172/ 54/ 185/ 56/ 188/ 55/ 1865 40 degrees Unknown YES 23.2 23.2 23.0 C 54/ 184/ 58/ 195/ 61 /210/ 59.5/202.5 38 degrees Unknown YES 23.2 232 23.2 PASS X FAIL The staff of Ploy5cfe, LLC tested the surfacing at the above mention playground using the Triax 2000 (Manufactured by Playground Clearing House, USA, Inc —Calibrated 1/1/15). This triaxial accelerometer measures impact in 3 dimensions and processes it into G force and HIC (Head Injury Criteria). These 2 measurements are the methods that the Consumer Product Safety Commission and ASTM International use to evaluate the surfacing under and around playground equipment. This system was formally approved August 10, 1999 and updated January 1, 2004 by the ASTM F 1292 Standards Committee. Please read the CPSC and ASTM documents related to playground safety for more information. Specify, read ASTM F1292, ASTM F1487, and the CPSC Handbook for Public Playground Safety 325, The results reported herein reflect the performance of the tested playground surface at the time of testing and at the temperature(s) and ambient conditions reported. Performance will vary with temperature, moisture content, and other factors. ©Copyright 1998 PlaySafe LLC We have attached copies of our audit documents for review purposes only. Please understand that they are copyrighted and permission has not been provided for their use. 12 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised:6116/10 720599J INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 13 Revised:6/16110 720599.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 14 Revised:6/16/10 720599.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised:6/16/10 720599.1 CONSULTING SERVICES AGREEMENT (Playground Safety Audits) THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered into on June 1, 2013, by and between the City of Palm Springs, a California charter city and municipal corporation("City"), and P1aySafe, LLC, ("Consultant"). City and Consultant are individually referred to as"Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a playground safety auditing firm to inspecting the City's playground equipment, ("Project"). B. Consultant has submitted to City a proposal to provide playground safety auditing services,to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide playground safety auditing services to City as described in letter from Consultant, dated November 26, 2012 and generally described as a "Proposal" and contains a general description of the scope of services, attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders,rules,and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. >.. T ] Revised:6116/10 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed $11,200.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. Z Revised:Oil6110 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on June 1, 2013, and ending on May 31. 2014, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement,with or without cause, upon thirty(30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Sam "Butch" DeFillippo, Managing Partner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any 3 Revised:6/16110 T p,991 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Sam "Butch" DeFillippo Managing Partner 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance 4 Revised:6116/10 under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a "design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8, then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually "Indemnified Parry'; collectively "Indemnified Parties") against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. B. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. S. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required 5 Revised:6116110 by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly Tarnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must 6 Revised:6116110 be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Emnlovees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor,or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status,disability, sexual orientation,national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. 7 Revised:6/16/10 To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: P1aySafe, LLC Attention: Butch Defillippo P.O. Box 66056 Albuqueque,NM 87193 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall he binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 8 Revised:6/16110 '1 r. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: G 3 By. avid H. Ready City Manager APPROVED B ITY MANAGER Vt -f, �boo!E Abol�1 APPROVED AS TO FORM: ATTEST By: By. Dougl . Holland, ames Thompson, City Attorney City Clerk "CONSULTANT" P1aySafe,LLC Date: ��' By : ;711 Sam`Butch"DeFillippo an ging P e Date: (name) �I 9 Revised:6/16110 CALIFORNIA AL411PURPOSE ACKNOWLEDGMENT State of California 1 County of Jl on before me, p� "" HpO keNtrbmO Md alb fa - personally appeared tbilr(el a spariq who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) 'stare subscribed to the within instrument and admowiedged to me that hWdwlhey em[aded the same in histherAheir authorized capacilylies), and that by his/herAheir signatuie(s)on the Instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .aeewas�aow Signature O. dN. rrmr _. OPMM4L Though the r*wwboo below is not requked by ARK R may Prove vakteba to perms re4ft an"d mawt and oouWDnw9W fi&udukM re )and m estaMmew of tuts&m to another doco rlw* Description of Attached Docurnenit Title or type of Document:. _- Document Date: -.Number of Pages. Signers)Other Than Nerved Abrne: . _ Capacity(ip)Claimed by Signer(s) Signers Name:— _ Signers Name:—,-. 7 Individual ❑Individual ❑ Corporate Officer—Title(s): 1-7 Corporate Officer—TNIe(s):.__._ ❑ Partner—L7 Limited ❑General ❑Partner—❑limited L General J Attorney in Fact ❑Attorney in Fact ❑ Trustee lap of min,e Kie 0 7hWee I top of in hem ❑ Guardian or Conservawr ❑Guarder or Conservator ❑ Other. ❑Other: __-- Signer Is Representing: Signer Is Representing: ®911ia WYaal ri]Yry0.wtlYp1•YYa n19w+Ar,P.n Bm 2ffi•dwamO.CA B11132{R•wuutALvvOlobyugMaIIe9W riSadO:Clnldr£rtetewa>eenr! 10 Revised:6/16110 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance Revised:6116/10 r (aysaT e,LLC Recreational Consulting & Services Proposal for the City of Palm Springs CA November 26, 2012 Vicki Oltean, Director,Parks and Recreation City of Palm Springs 401 S Pavilion Way Palm Springs, CA 92262 760.323.8272 Phone 760.323.8279 Fax Vicki.Oltean@palmspritigs-ca.gov Dear Director Oltean Thank you for your request regarding the services PlaySofe, LLC can provide concerning playground safety inspections. We at PlaySofe, LLC look forward to again working with you to improve the lives of children at the City of Palm Springs. Playground Inspections PlaySde, LLC will conduct an inventory and inspection of the City of Palm Spring's 8 playgrounds' (I. Baristo, 2. Demuth, 3. Desert Highland, 4. Leisure Center, 5. Ruth Hardy, 6. Sunrise,7. Victoria,and the 8. Airport)equipment. AST vVCPSC requirements that would require the disassembling or alternating of the equipment/footings (for example Structural Integrity and Stability and Swing Impact Testing) are not tested. A team of National Parks and Recreation Certified Playground Safety Inspectors will conduct the inspection.We will produce an inventory of the equipment and conduct an inspection of the equipment to determine compliance with the ASTM(98 and 11),ADA, &CPSC—excluding the toddler sections. Cost:$400.00 per park X 8 parks=$3200.00 per inspection. We normally require 2 weeks to schedule the work. PlaySofe,LLC staff members have dedicated our professional and personal lives to enhancing the lives of children. We have presented a unique and thorough inspection program proposal that has worked for communities (such as: Phoenix AZ and Dallas TX) and school districts (for example: El Paso TX ISO, Los Angeles CA,Albuquerque NM, and Broward County FL)for over 15 years. All audits will be conducted by a team of inspectors (we have 7 NPSI Inspectors). We promise to you that we will dedicate all of our resources to complete your safety inspections on time and in detail! NySde,LLC has been inspecting playground since 1997 (15 years)Pla/Sde,LLC staff have been playground inspectors for the following amount of time;Butch DeFillippo (18 years), Terry Boning(14 years),Duke DeFillippo(12 years), Chris Orlando(9 years),Brett Boning (8 years),Dr. Nancy White(7 years),and Cherie DeFillippo(6 years). yyy�� I�wRA�tCM Wi CS tA. . It PlaySafe,LLC is the 1"Associate Member of IPEMA 1 WAN BilCYIPUt '":", w,• }!}x�r. arrn.w LOSS acess .. •, �i" 9Bd ..nwyw+m. .m�•re�m, ew.w Maine=ce swwr .dwn. M�Nw,R11A nw.. vq.lw ti Examples of the books written by PloySafe, LLC staff on issues such as Master Plans, Economic Impact Studies, Feasibility Study Process, & Citizen Surveys for the National Recreation & Parks Association, the American Association of Leisure & Recreation, & the American Alliance for Health, Physical Education, Recreation & Dance General Information: PlayWcs LLC payment terns are 30 days or a 1.5-% late fee will be charged. If there are any additional costs for business for a project it will be necessary to add them to this quote.Pricing is available for calendar year 2013. • PlayWe, LLC has Professional Liability, Worker's Compensation, General Liability, and Auto Liability Insurances. We have attached copies of our audit documents for review purposes only. Please understand that they are copyrighted and permission has not been provided for their use. "Unfortunately,more than 200,000 children are treated in U.S. hospital emergency rooms each yearfor injuries associated with playground equipment. Most injuries occur when children fall from the equipment onto the ground." Ann Brown,Chairman, U.S Consumer Product Safety Commission Names and qualifications of PfaySofe, LLC team members that can be assigned to this project: Sam(Butch)DeFillippo: Managing Partner/Inspector Butch has 30+ years of experience in the parks and recreation field prior to his work with A6y5al'e, LLC. He holds both a BA and MA degree in Parks and Recreation Administration. He has qualified for the following certifications: NPSI Certified National Playground Safety Inspector (NPSI), National Recreation and Parks Association Certified Parks and Recreation Professional (CPRP), Stranco Public Pool Operator Certification, TRIAX 2000 Surface Impact Tester (ASTM 1292 compliant). He serves as a legal expert witness, an advisor to numerous national organizations and comunttees, a consultant to hundreds of government agencies, non profit organizations and to the private sector. Butch is quoted frequently in the professions national publications. 2 Terry Boning Inspector Terry is a retired Elementary Physical Education Teacher with more then 25 years working for public schools. Terry has a Bachelor of Science in Physical Education and Health. He worked for a city Parks and Recreation Department for several years (two of them as the director of the summer recreation program a middle school) and was the director of a country club swimming pool. Terry is a NPSI Certified National Playground Safety Inspector and he passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. Patrick"Duke"DeFillippo Inspector=Duke worked for over 5 years in the recreation field for government agencies.He also worked for 3 playground installation companies installing playgrounds in 3 states.Duke additionally worked for a playground manufacturer for over 8 years.Duke earned his Bachelor from The University of New Mexico and has the following certifications: NPSI Certified National Playground Safety Inspector, National Recreation and Parks and the TRIAX 2000 Surface impact Tester in compliance with the ASTM 1292. ®sw�r=— Chris Orlando:Production Coordinator/Inspector Chris has 20+ years experience in parks and recreation and government agency work. He is trained in the parks and recreation field and is certified as a NPSI National Playground Safety Inspector(NPSI) as well as TRIAX 2000 Surface Impact Tester(ASTM 1292 compliant). He is an expert on parks, recreation, sport, aquatic and facility computer simulations and design work and provides PhySnre, LLC with final product documents, reports, concept plans and design elements. ®Ork"' . Cherie DeFillioao Business Manatter/Mana¢i a Member/Inspector) Cherie has a Bachelor of Arts in Community Health and has an extensive background working in the recreation field. Cherie has worked for the City Parks and Recreation Departments, Paradise Hills Country Club, and local childcare facilities. Cherie has more then 30 years working with children and as the owner of her own business has successfully managed an office for 15 years. Cherie is a NPSI Certified National Playground Safety Inspector and she passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. 3 Brett Boning(Inspector) Brett has worked for Albuquerque Public Schools (playground maintenance team) maintaining over a 100 playgrounds, Hansen and Prezzano Builders (Crew Forman) installing hundreds of playgrounds in 5 states, and in the US Army (Single Channel Radio Operator). Brett is a NPSI Certified National Playground Safety Inspector and has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. Dr.Nancy White:Special Projects-Planning Services/Inspector Nancy has 35+years experience in the parks and recreation field. She holds a BA, MA and PhD degrees in Parks and Recreation as well as a MPA degree in Public Administration. She is a National Recreation and Parks Association Certified Parks and Recreation Professional (CPRP). Dr. White is an expert on risk management prevention in the parks and recreation field as well as in aquatics. She is a consultant from Pl ySare, LLC to hundreds of agencies and is sought after as a frequent presenter of workshops in the parks and recreation risk management field. Dr. White is a NPSI Certified National Playground Safety Inspector and has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. Dr.Craig Kelsey: Team Leader-Planning Services/Inspector Craig has 40+years experience in the parks and recreation planning field. He holds a BS, MS and PhD degrees in Parks, Recreation and Environmental planning. He has been the lead on hundreds of parks and recreation planning studies for P(ay-Wo,LLC and is noted for his development of the Q-SORT focus group citizen involvement model and the ENVIROPLAN community planning approach. Dr. Kelsey is the author of professional research and application articles found in the professional literature as well as textbooks used both by planning specialists and university courses. He is the author of The Parks and Recreation Master Plan Process,the most quoted text in the field. Dr. Kelsey has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292 Mary Boning Inspector Mary earned her Bachelor of Science in Nursing and Master of Arts in Adult Education. Mary worked in the heath care industry for over 38 years.Mary has been a nurse,coordinated education programs,and the director of hospital departments. Mary has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. Brain Cox: CAD Drafter/Inspector Brain is the CAD and 3D graphic artist for P(oySa(e LLC. He holds a BA degree in Architecture and is an expert in AutoCAD, 3D Studio, VIZ and other architecture, design and simulation programs. He is TRIAX 2000 Surface Impact Tester trained(ASTM 1292 complaint) and assists Chris with parks, recreation, sport, aquatic and facility computer simulations and design work. Dr.Todd Seilder: Special Projects-Planning Services Todd has 20+ years experience in the sports management and planning field. He hold a BS, MS and PhD in Physical Education and Sports Administration. He is the Past President of the Sport and Recreation Law Association (SRLA) and has also served as its Executive Director. Dr. Seilder is an expert on risk management, injury prevention,legal issues and sport and recreation facility planning and management. He is the co author of the most widely used text in the physical education and sport facility planning field. With PbySaf!e, LLC he is a widely sought after workshop presenter and planning consultant. 4 Clientele P6 We,LLC has conducted services for the following agencies. Please feel free to contact any of our clients: • County of Los Angeles, CA Luci Guterrez 323.267.2265 Audit of 120 playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development • Alamogordo Public Schools,NM Dave Flood 575.812.6015 Audit of all playgrounds (14), training of staff, playground equipment recommendations for purchase,RFP development, layout and design, and review of playgrounds, and maintenance program development • Carlsbad Municipal Schools,NM Erich Franke 575.441.8187 Audit of all playgrounds (23), training of staff, playground equipment recommendations for purchase,RFP development, layout and design, and review of playgrounds, and maintenance program development • Broward County Public Schools FL Dennis J.DiLeonardo 754.321,1662 Audit of over 10 playgrounds • City of Gallup, NM Eric Honeyfield 505.863.1220 Audit of 21 playgrounds and a department wide master plan • City of Plano,TX William Dakin 972.941.7250 Athletic facilities department wide master plan,department wide playground audits (over 20) • Town of San Anselmo,CA Debbie Stutsman 415.258.4652 Department wide master plan • Santa Fe Public Schools,NM Bobbie Gutierrez 505.467.2024 Audit of over 30 playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development, Elementary School Physical Education Curriculum Development Study • City of Phoenix,AZ Joe Diaz 602.534.2161 Audit of over 150 playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development • Albuquerque Public Schools,NM Rick Leydig 505.975.3738 Audit of 114+ playgrounds, training of staff, playground equipment recommendations for purchase, layout and design, and review of playgrounds, fund raising, master plan development, maintenance program development, and presentations • City of Bakersfield, CA Greg Cronk 661.326.3117 Audit of over 70 playgrounds, site punchlists, surfacing testing, maintenance training, department wide master plan, and a system-wide park plan • Los Angeles Unified School District, CA Ken Ings 310.808.1532 Audit of over 50 playground surfacing and safety training of staff 5 • City of Flagstaff,AZ Phillip Garcia 520.774.5281 Audit of 5 playgrounds • Pima County,AZ George Cook 520. 740.2690 Audit of over 20 newly installed playgrounds • Frisco Independent School District,TX Bob Yarger 469.633,6160 Audit of 9 playgrounds • McKinney Independent School District,TX Brian Wingburg 972.569.6500 Audit of 10 playgrounds • San Bernardino County, CA Cindy Jones 909.387.5275 Audit of 3 playgrounds • El Paso Rehabilitation Center,TX Jaime Barceleay 915,544,8484 Audit of playground,RFP development for playground equipment • California Joint Powers Insurance Authority,CA Catherine Sloan 562,467.8721 NySore, LLC presented at many CJPIA conferences (2000-Present) on playground safety and litigation.We provide CJPIA member's parks and recreation risk management,defending your agency against lawsuits,and playground safety seminars and trainings. • City of Cupertino,CA Bob Rizzo 408.777.3215 Audit of 15 playgrounds,checklist development,maintenance checklist development, maintenance seminar and training • Fullerton School District,CA Karen Lynch 714.447.7450 Audit of 20 playgrounds • City of Burbank,CA Jan Bartolo 818.238.5300 Audit of 17 playgrounds and in-service training • Los Lunas Public Schools,NM Vicky Parker 505.865.9636 Audit of 25 playgrounds, maintenance training, master plan development, and consulting (playground equipment recommendations for purchase, layout, and design, and review of playgrounds) • Bernalillo County,NM Ed Chismar 505.764.6850 Audit of over 30 playgrounds, maintenance staff training, training of staff — consulting (playground equipment recommendations for purchase, layout and design, and review of playgrounds) • City of Peoria, AZ Eric Wilson 623.773.7491 Playground safety training • City of San Diego, CA Clark Ritter 619.235.5236 Audit of over 25 playgrounds • City of Clovis,NM Roger Bennett 505.769,7828 Audit of 6 playgrounds,department wide master plan, and playground safety training of staff • City of Rio Rancho,NM Charles Fernandez 505.891.5015 Audit of over 13 playgrounds,playground safety training,risk management training 6 • Clovis Municipal Schools,NM PJ Odegaard 505.769.4300 Maintenance program development • Cooperative Educational Services, NM Lou Perry 505.344.5470 Audit of playgrounds • Village of Corrales,NM Lynn Siberts 505.899.8900 Audit of 2 playgrounds,playground safety training of staff,design legislative packet • New Mexico School for the Visually Handicapped Linda Cimmerle 505.439.4433 Audit of playground • University of New Mexico Vern Hershberger 505.277.9756 Plan review • City of Agoura Hill, CA Dale Sumersille 818,597.7361 Audit of 6 playgrounds,checklist development,playground safety seminar and training • City of Bell Gardens,CA Carlos Garcia 562.806.7650 Audit of 7 playgrounds • Fairplex,County of Los Angeles,CA Carolyn Cox 909.865,4205 Audit of playground • City of Glendora,CA Halla Speaker 626.914.8200 Audit of 9 playgrounds • City of Indio,CA Ben Salazar 760.347.1058 Audit of 7 playgrounds • City of Irwindale,CA Dan Grijalva 626.433.2206 Audit of 4 playgrounds • Jurupa Area Recreation and Park District, CA Dan Rodriquiz 909,361.2090 Playground safety seminar and training • City of La Palma,CA Jan L. Hobson 714.690.3360 Audit of over 4 playgrounds,playground safety maintenance seminar and training • City of Loma Linda, CA Robert Shenton 909.799.4435 Audit of 2 playgrounds • City of Ojai, CA Stan Hakes 805.640.2560 Audit of 2 playgrounds • City of San Fernando, CA Helen Collins 818.898.1234 Audit of playground • City of San Gabriel,CA George Kotchnik 626.308.2875 Audit of 3 playgrounds • City of South El Monte,CA Keith White 626.579.6540 Audit of 3 playgrounds 7 • City of Temecula, CA Kevin Harrington 909.694.6480 Audit of playground • City of Temple City, CA Cathy Burroughs 626,285.2171 Audit of 2 playgrounds • Amazement Square Children's Museum,VA Mort Sajadian Ph.D 804.845,1888 Audit of a 5-story high playground • City of Westlake Village,CA Audrey Brown 818.706.1613 Audit of 4 playgrounds • Civil Service Commission Pueblo, CO Steven Colton 719.584.0825 Developed written exams for staff • County of San Bernardino,CA Cindy Jones 909.387.5275 Audit of 3 playgrounds PloySafe, LLC has also conducted playground work for the following agencies (Additional information is available from this list): Playground Equipment and Surfacing Representatives and Companies Triple M AZ NM, CA, CO TX * Miracle Playgrounds AZ CA* Churchich Recreation LLC, CO, NM* Exerplay incorporated AZ CA, NM TX*PlayWell TX, NM*GameTime AL *Detailed Play Systems NJ* Brewer's Ledge, Inc MA *Recreation Consultants of Texas TX *Robertson Industries Inc AZ CA, NM * Child Safe Products,Inc,AZ FL,NY*Cre8ate Play CA,MN,NJ.NM, PA, TX*Carpathian Industries NJ Schools/Daycares El Paso Independent School District TX, Campbell Hall School CA *Garland Independent School District TX * Chadwick School CA * Chapter One /Kid's Corner CA * Crane School CA* Fresno Christian Schools CA *Good Samaritan Hospital CA *La Mesa United Methodist Children Center CA *Montessori Center School of Santa Barbara CA * San Francisco School CA *St. David's Private School CA *Holy Ghost Catholic School NM*North Side Christian Early Childhood Development Center CA *Pacifica Co- Op Nursery School CA * Peninsula Heritage Preschool CA * Grace Baptist Church CA * St. Peters Episcopal Church &Preschool CA * Trinity Lutheran Preschool and Church CA *Sonshine Factory CA * Pilgrim Children Center CA * Valley Beth Shalom Nursery School CA * Santa Fe Kids Company CA * Kids Town CA *NW YMCA Pima County AZ * Montessori Academy CA * The Broadoaks Children's School of Whittier College CA * St. Lake Lutheran Preschool & Kindergarten NM * Auraria Higher Education Center Early Learning Center CO *Mesilla Valley Christian Schools NM*LA Mission College Child Development Center CA * Catholic Charities of the Archdiocese of Newark NJ* Socorro Independent School District TX Homeowners Associations/Property Management Ascot Home Owners Association CA * Carden Arbor View Schools CA *-Assistance League of Antelope Valley CA *Compass Management Group CA *Coyote Creek Home Owners Association CA *Expressions Home Owners Association CA *Fairway Crest Home Owners Association CA *Concord Capital Assets CA *New Horizons Home Owner's Association CA *Santa Elena Home Owners Association CA *Santa Teresa Home Owners Association CA * Summerfield Home Owners Association CA * Harvard Square Maintenance Association CA* Terraces Home Owners Association CA * Village Grove Home Owners Association CA * Vintage Hills PCA CA * Vistara Home Owners Association CA * Condominium Management Services CA * New Horizons Homeowners Association CA * Keystone Pacific Property Management Incorporated CA * Glendora Springs Home Owners Association CA * Home Garden Home Owners Association CA *Mountain View Park Home Owners Association CA * Warren Properties NM * Fairway Crest Home Owners Association CA * Warren Properties NM * Walters Management Company * Carmel Mountain Ranch HOA *Zia Apartment Management NM*Sunrise Apartments NM 8 Attorneys Davis W. Smith -Attorney at Law TX *Ferguson Firm -Attorneys at Law TX * Eaton, Martinez & Hart- Attorneys at Law NM * Plattner Verderame, PC AZ *Zachar Law Firm AZ * Narvaez Law Firm NM * Mickey Barnett law Offices NM *Robert G. Marcotte -Attorney at Law NM *Matthew L Riggs,At Law AZ *Breyer Law Offices AZ*Low, Ball&Lynch CA*Thomas, Thomas, &Hafer PA Installation Companies Jon Del Construction CA* Geoscene Construction Incorporated CA* Castello Incorporated CA* Henneberger Construction TX *Hansen & Prezzano Builders, LLC NM, CA*Banes General Contractors TX* West Point Contractors AZ*Gordon Construction NM*Silverton Construction TX*NLR Builders TX * The Sambrano Corp TX* Centex Homes CA* Doose Landscape Inc CA* GN Construction TX* Court Concepts Inc CA* The Hilltop NM* Highland Enterprises NM* Baca Trees NM* Southwest Parks & Playgrounds TX* DanTex Construction TX* Southwest Growth TX* Canaday & Company CA* Smith & Butler Construction Inc CA* FT James Construction TX*Jan Car Construction TX* Blair Hall Company TX*Hunt Building Company CA, TX*Longford Group,Inc.,NV, NM Other Agencies Fuller Theological Seminary CA*Presbyterian Ear Institute NM*Chapman Companies NM*New Mexico Department of Energy NM* Eldorado Community Improvement Association NM* MBA Interior Architecture - Facility Management NM*Stagecoach Stop RV Park NM*National Recreation and Park Association Western Service Center CO* Barnabas, Kane&Associates Landscape Architects,AZ*Tierra Verde Industries CA*McGann &Associates Inc AZ* Portuguese Bend Beach Club CA*Darla Schleyer Interiors NM*San Francisco Giants*San Diego Zoo CA* White Sand Missile Base NM* Chicago Park District IL* Tacoma Parks WA* City of West Hollywood CA* City of Dallas TX * Desert Recreation District CA The following chart is intended to be a brief summary of PloySafe LLC staff's experience in the parks,recreation, and education plairming field. Parks and Recreation Master Plan City of G=Valley BeaumoParks and Recreaton Master PlanRecreati Summer Camp/Recreation Program Belvedere-Tiburon Recreation Marketing Study Department,CA Parks and Recreation Master Plan Cathedral City,CAli Parks and Recreation Master Plan Town of San Anselmo,CA Parks and Recreation Master Plan City of North Logan,UT System Wide Park Plan City of Bakersfield,CA Athletics Planning Study City of Plano,TX System Wide Park Plan Coachella Valley Rec&Park III Dist.,CA Parks and Recreation Master Plan City of South Jordan,UT Parks and Recreation Master Plan City of Clovis,NM Parks and Recreation Master Plan City of Bakersfield,CA National Study of the Commercial Playground Industry UBS Capital New York,NY Parks and Recreation Master Plan City of Coachella,CA Parks and Recreation Master Plan Cache County,UT Parks and Recreation Master Plan City of Foley, AL !, Senior Games Economic Impact Study Palm Desert,CA 9 Elementary School Physical Education Santa Fe Public Schools,NM Curriculum Development Study Survey of Community Residents City of Rio Rancho,NM Parks and Recreation Master Plan Coachella Valley Recreation& Park District,CA Economic Impact Study International Balloon Fiesta Parks and Recreation Master Plan City of Santa Fe,NM Assessment of Citizen Perspectives State of New Mexico Regional Softball Economic Impact Study City of Clinton,UT Parks and Recreation Master Plan City of Rio Rancho,NM SCORP State of New Mexico Parks and Recreation Master Plan Bemafillo County,NM Private Sector Recreation Study State of New Mexico Parks and Recreation Master Plan City of Hyrum,UT Parks and Recreation Master Plan City of Smithfield,UT Parks and Recreation Master Plan City of Logan,UT Parks and Recreation Master Plan City of Ogden,UT Economic Impact Study New Mexico State Fair Parks and Recreation Master Plan City of Moab,UT Awards During their professional careers,Pl6y5de, LLC staff members have been awarded or have achieved numerous accomplishments. They include(but are not limited to): • Presenting at hundreds of national(National Recreation and Parks Association Congress, NRPA-National Executive Development School), regional(NRPA Southwest and Midwest), and state conferences(American Society of Safety Engineers Annual Health& Safety,New Mexico Recreation&Park Association, California Park&Recreation Society, Cooperative Educational Services and Business Community Representatives,California Joint Powers Insurance Authority,New Mexico Association of Health,PE,Recreation and Dance, Texas Recreation and Parks Society,Utah Recreation and Park Association,Texas Parks & Wildlife Associations,Texas Head Start Association) • Members of: NRPA Advisory Board,National Executive Development School Advisory Board,National Risk Management&Safety School Planning Comtnittee,and NPSI Playground Maintenance Service Course's Curriculum Task Force • Contributing as an interviewee for the Center for Injury Research and Policy at John Hopkins • Contributed as a Stakeholder Reviewer for the National Resource Center for Health and Safety in Child Care, Performance Standards: Guidelines for Out-of-Home Child Care Programs • Certification Board Members and Chair 10 • Dean of California State Bakersfield,Full Professorships at the University of New Mexico, Utah State,University of South Dakota, California State Universities;Bakersfield, Fresno and Northridge,Director of Parks and Recreation Department • Winners of national and state awards (NRPA-PIN Department Program Brochure Recognition,NMRPA- Park/Trail/Bike Paths Design Award, Outstanding Grounds Maintenance Award Winner,Recipient of the Duke Jory Scholarship Outstanding Program Award Winner Youth Basketball,recipient of the Outstanding Young Professional Award) • As volunteers worked with youth and adults as baseball,football, soccer and swimming coaches,Head Evaluator of the New Mexico Special Olympics State Games,Regional Chair of the Utah State Games and leaders in the boy scouts and car clubs • Professional coaches • Authors of frequent university text books,articles and papers Additional Services that can be made available: P!oyWe,LLC can conduct playground maintenance and supervision training, develop exams (both written and hands on), ADA training, provide expert testimony, and provide background information to attorneys in litigated cases. Please see web site for the many other services we provide. .www play-safe.com We at NySd e, LLC Really Care! If you have any questions or if you would like additional information please call me at 505. 250.5689. Sincerely, " DeFAH8 o Sam"Butch" DeFillippo, MA,CPRP, NPSI Playground Inspector Managing Partner Phone:505,899.9532 *Toll Free: 1.87PIaySafe Fax:505.899.2666*Web Site:htti)://www.play-safe.com *E-mail:playsafe@olav-safe.com 11 Equipment Example Provided Below Site: Your Childcare Center at Sunshine School City/State: Your Town / TX Manufacturer: Little Tikes Audited by: (NyScrre) C. DeFillippo & Dr. N. White Height: 60" Materials: Metal and Plastic Surfacing: Unitary Date of Audit: 2/25/11 Age of Intended Users: 5-12 Name of Structure: Composite Recommended Action #s: 1=Remove 2--Modify 3=Meet with manufacturer 4=Increase use zone 5=Install border material 6=Add/loosen surfacing 7=Maintain 8=Relocate 9=Repair or replace with correct materials 10=Special Instructions (See attached) Structure What does not meet Guideline # Action # requirements (1-9) Composite Surfacing is unitary and sand ASTM: 13.2 7 CPSC: 4.5 Use zone to wall is 69", to ASTM: 9.2.1 4/8 concrete is 71.5" and should be CPSC: 5.1.1 72" or greater for stationary equipment Entanglement: Bolts on both ASTM: 6.4.2 1/2/9 ends of blue climber projects CPSC: 9.4 upward on a horizontal plane Protrusion: Legs of ships sale ASTM: 6.3 1/9 panel are protrusions CPSC: 9.2 ®Copyright 1998 PlayWe LLC We have attached copies of our audit documents for review purposes only. Please understand that they are copyrighted and permission has not been provided for their use. 12 Surfacing Example Provided Below Requesting Agency: Your School Address: 123 John Lane NM - Phone#: 555.865.3900 Test Site Address: Green School too a 456 Happy Lane Audited by: B. Cox and T. Boning Type of equipment: Chin-up-bars Type of surfacin :.Unitar Drop Height: 81" Air Temperature: 42 degrees Date of Audit/Time of Audit: 3/4/11 /9:21 Date of Report: 3/6/11 Condition of Surfacing: Good/New DROP Drop #1 Drop#2 Drop #3 Average Surfacin Depth Does AREA g of Surfacing G Force/HIC1 G Force/HIt9 G Force/HICI G Force/HIC VelocityTemp. Material Conform Velocity Velocity Before/After ? A 54/ 195/ 57/208/ 64/238/ 60.5/223 40 degrees Unknown YES 23.2 23.1 232 B 51 /172/ 54/ 185/ 56/ 188/ 55/186.5 40 degrees Unknown YES 23.2 23.2 23.0 C 54/184/ 58/195/ 61/210/ 59.5/202.5 38 degrees Unknown YES 23.2 23.2 23.2 PASS X FAIL The staff of PlayWe, LLC tested the surfacing at the above mention playground using the Triax 2000 (Manufactured by Playground Clearing House, USA, Inc—Calibrated 6/9/10). This triaxial accelerometer measures impact in 3 dimensions and processes it into G force and HIC (Head Injury Criteria). These 2 measurements are the methods that the Consumer Product Safety Commission and the American Society for Testing and Materials(ASTM)uses to evaluate the surfacing under and around playground equipment. This system was formally approved August 10, 1999 and updated January 1, 2004 by the ASTM F-1292 Standards Committee. Please read the CPSC and ASTM documents related to playground safety for more information. Specify, read ASTM F1292-04, ASTM 1487-05, and Section 4 in the CPSC Handbook for Public Playground Safely 325. A point of clarification: The ASTM F1487 provides much more detailed information on Fall Height measurements then the CPSC document. PlaySafe, LLC uses the ASTM document to identify Fall Heights. The results reported herein reflect the performance of the tested playground surface at the time of testing and at the temperature(s) and ambient conditions reported. Performance will vary with temperature, moisture content,and otherfactors. ©Copyright 1998 PlayWe LLC We have attached copies of our audit documents for review purposes only. Please understand that they are copyrighted and permission has not been provided for their use. 13 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 R6 md:6116110 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scone of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: I. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars$1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 13 Revised:6116/10 2r,5oq_I contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1)to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class V II, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or ':for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named" Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 14 Revised:6/16/10 720599 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 15 Revised:8116/10 720�99.1 A6DE(I City of Palm Springs r' DePar'tment of Parks and Recreation 1pP 401 South Pavilion Way• Alho Sptings,Citiffornia 92262 _ TeL • &= _ (760)323-8279 •Web:www.palmsptingsca.gov May 15,2012 PiaySafe, LLC Mr. Sam`Butch"DeFililppo,Managing Partner P.O. Box 66056 Albuquerque,ALM 97193 Dear Mr. DeFillippo: The fast amendment of the agreement betweenthe Cityof palm Springs and PlaySafe,LLC for ceMftmg services Providing Playground safety audits expired on May 1,2012. The amendment was for bi-monthly on-site Playground safety audit services to occur September es It O f through May 1,2012. The Last inspection was performed on December 13 and as a result of the audit it has taken city staff considerable amount of time to complete the reFairstreplacemems of equipment at the various sites. In order for the next inspecton to occur we need to extent the agreement through June 30,2012. If the extension of the amendment to the agreement i8 return as soon as possible. amble to You,please sign below and 4V1Ci0&LTEAN Director,Parks&Recreation /SAM"BUTCA"DEFILLIPPO Managing Partner,PlaySafe,LLC Post Office Box 2743 • Palm Springs, California 92263-2743 AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT Playground Safety Audits (Agreement No.A6069) THIS FIRST AMENDMENT to the Consulting Services Agregment No.A6069 for Playground Safety Audds is made and entered into to be effective on the nO . day of MUYIk\�— , 2012 by and between the City of Palm Springs, a California charter c hand municipal corporation (hereinafter referred to as the City), and PlaySafe,LLC,Consultant(hereinafter referred to as")collectively,the "Parties'. RECITALS A. City and Consultant previously entered into a consulting services agreement for Playground Safety Audits,which was made and entered Into on February 1,2011 (the"Agreement") in the amount of$16,725 through June 30, 2011. S. Section 4.4 of the Agreement provides that the Agreement may be amended at any time with the mutual written consent of the Panties for Additional Services. The agreement was extended through September 30, 2011 by mutual written consent of the parties. C. City and Consultant desire to amend the Agreement to authorize Consultant to perform additional Playground Safety Audits in amount not-to-exceed $ 8,275 for the period September 30, 2011 through May 1, 2011 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the Parties agree as follows: AGREEMENT 1. Amendment to Section 3.1 of the Agreement. entitled "Compensation of Consultant" Section 3.1 of the Agreement is amended to read: 3.1 Compensation of Consultant Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A." The total amount of Compensation shall not exceed $25,000. 2. Amendment to Section 4.4 of the Agreement,entitled"term' Section 4.4 of the Agreement is amended to read: 4.4 T®f n. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect from the date of execution by the City and ending on May 1,2012, unless extended by mutual written agreement of the parties. 3. Amendment to Exhibit"AA of the Agreement entitled"Scope of Services": Exhibit"A"of the Agreement is hereby amended to include the following additional services: Consultant shall provide on-site Playground Safety Audits Bi-Monthly of the Clty's seven (7)park playgrounds. Effective September 30, 2011 thru May 1, 2012, Consultant shall provide Bi-Monthly on-site Playground Safety Audit services. 1 ORIGINAL BID ANT/OR AGREEMENT 4. Full Force and Effect Al of the terms,conditions,and provisions of the Agreement,unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement,the provisions of this Amendment shall in all respects govern and control. 5. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that(t)such party is duly organized and existing,(ii)they are duly authorized to execute and deliver this Amendment on behalf of said party,(in)by so executing this Amendment,such party is formally bound to the provisions of this Amendment,and(iv)the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: "CITY" CITY1 /OF PALM SPRINGS, CA. mes Thompson, City Clerk David H. Re , Aanager Date: 2t9ja7m6g, Date: MY(w 1 ad\7 APPR V TO FORM: APPROVED BY CITY MANAGER By 1 1 a� City mey P.btiyl\ I Date: Z l - ;-0 2 z "CONSULTANT" PlaySafe, Date: �' �f/ I Z By. Date: 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT !\]Ie"o ,Q( Wicc> State of G 00whaw County of BtyncL,(t 110 on N.� I , a b l( before me, �G�C 4��t e I al kJ P.k.t !N /�t��l G p� Hae hmrl NomeaWT o�b0lFrx - personally appeared SG+f�U I t I,' ul m saner(m who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) Ware subscribed to the within instrument arc acknowledged to me that helbhe/they executed the same in his/hedlheir authorized r OFF[Cy—ip►L SEAL-1 capacih(es),and that by hisftw/their signatures)on the �o ( instrument the person(s), or the entity upon behalf of i) RBChael Pixley ( which the person(s)acted,executed the instrument. q - > NOTARY PU6LtC ( 'e.�;;;y.�` STATE OF NEW MEXICO I certify under PENALTY OF PERJURY under the laws My Commission Expiresrtal?L. l�' a01'i( of the State of California that the foregoing paragraph Is true and correct. WITNESS my official and tcial seal. Rxe Nmary S®l atwv .S�IgnatUre 9lpnaneam Kl W ArE& OPTKWAL Though rile 1ofr wmdon MOW s rtof requbed by raw b may prove vskiabre fo parsons rWyprg orr ft docuawt and eoWd peevaa haudulw#re I and rw0dm wd of ids form tow ftwdoownerif. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capecity(fes)Claimed by Signer(s) Signers Name: Signers Name: O Individual ❑Individual ❑ Corporate Officer-rde(s): ❑Corporate Officer—Title(s): u Partner—❑Limited ❑General C Partner—❑Limited ❑General ❑ Attorney in Fact e l� ❑Attorney in Fact Too Of fi�tare ❑ Trustee m ❑Thtstee I ❑ Guardian or conservator ❑Guardian or Conservator O Other: ❑Other: Sigreris Representing: Signer Is Representing: 02tw NrimW Notlry AtwCiM•9950[papblb.P.Q Ba4tlt.tice whG B13132fO2.wwxN.EauNof+%ue Mf®0] emder:dlRFFroet-0O6Bf3B82T IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written. 4 SSA City of Palm Springs Department.of parks and Recreation 401 South Pavilion Way• Palm Springs,California 92262 Tel:(760)323-8272 •Fax:(760)323-8279 •Web:w palruspringuagov June 28,2011 T. _ -4N Z 9� �Cn n PlaySafe,LLC Mr. Sam"Butch"DeFillippo,Managing Partner P.O. Box 66056 Albuquerque,NM 97193 Dear Mr. DeFillippo: The agreement between the City of Palm Springs and P1aySafe, LLC for consulting services providing playground safety audits expires on June 30,2011. The initial audit was completed on April 7, 2011 and as a result of the audit there were numerous repairs/replacements of equipment at the various sites and have just recently been completed, with the exception of the Palm Springs Airport as they are in the process of obtaining quotes for a new structure and surfacing. The City's original intent was to have an initial audit with three(3) additional monthly inspections,but in order for this to occur we would need to extent the agreement through September 30, 2011. If the extension of the agreement is agreeable to you,please sign below and return as soon as possible. eSB VICKI OLTEAN CH"DEFILLIPPO Director,Parks&Recreation Managing Partner,P1aySafe,LLC Post Office Box 2743 • Palm Springs, California 92263-2743 �bob� CONSULTING SERVICES AGREEMENT .Playground Safety Audits THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement') is made and entered into on 1.7r 201 ► , by and between the City of Palm Springs, a California charter city and municipal corporation ("City'), and PlaySafe, LLC, ("Consultant"). City and Consultant are individually referred to as"Party"and are collectively referred to as the"Parties". RECITALS A. City requires the services of a playground safety auditing firm for inspecting the City's playground equipment, ("Project"). B. Consultant has submitted to City a proposal to provide playground safety auditing services,to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT L CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide playground safety auditing, services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement,the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders,rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity„with Work. By.executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities,difficulties, and restrictions attending performance of the work under this Agreement. 720599.1 ReWsed:6/t6/1b 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed $16,725.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made,this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 2 Revised:6/16/10 720599.1 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force from the date of execution by the City and ending on June 30, 2011,unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety,and general welfare,the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement,with or without cause,upon thirty(30)days written notice to City. 5. COORDINATION OF WORK 5.1 Re resentative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Sam "Butch" DeFillipo, Managing Partner. it is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or ASSI ment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall 720599.1 3 Rev[sW:6/16M 0 not'contract with. any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. . 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode,or means by which Consultant, its agents or employees,perform the services required, except as,otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager,the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Sam "Butch"DeFill ipo Managing Partner *Staff as assigner reference Proposal in Exhibit A 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit"B",incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties'), from and against any and all liabilities, actions, suits, claims,.demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims'), including but not Iimited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant"s performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, Q Revised.611 BM 0 720599.1 and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely-filed,until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Design Professional Services Indemnification and Reimbursement. If the Agreement is determined to be a"'design professional services agreement" and Consultant is a "design professional" under California Civil Code Section 2782.8,then: A. To the fullest extent permitted by law, Consultant shall indemnify, defend (at Consultant's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees, agents and volunteers and all other public agencies whose approval of the project is required, (individually"Indemnified Party"; collectively"Indemnified Parties")against any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders and penalties (collectively"Claims"), including but not limited to Claims arising from injuries or death of persons (Consultant's employees included) and damage to property, which Claims arise out of, pertain to, or are related to the negligence, recklessness or willful misconduct of Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent, reckless or willful performance of or failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or willful misconduct of the City and its elected officials, officers, employees, agents and volunteers. H. The Consultant shall require all non-design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub- section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non- design-professional sub-contractors, used or sub-contracted by Consultant to perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set forth in this Agreement, as well as any other insurance that may be required by Contract Officer. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable 5 ReYL"d:6116/10 720599.1 times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all boobs, documents,papers,employee time sheets,accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court 'of the County of Riverside, State of California, or any other appropriate court in such county,and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly,any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting parry, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit,expand,or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such might or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 6 Revised:SIM10 720599.1 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Lggal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment,or any other remedy consistent with the purposes of this Agreement. 1.0. CITY_OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of Cily Officers and Em to ecs. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status,disability, sexual orientation,national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change.its address by notifying the other party of the change of address in writing. 7 Revised:6116110 720599.1 To City: City of Palm Springs Attention: City Manager/City Cleric 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: (to be inserted) 11.2 Inte rated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Seyerability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of. competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses,paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Pariv Benefrciag. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Parry acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. g RWASW:V16110 720599.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: U �---� David H.Ready City Manager APPROVED AS TO FORM: ATTEST By: By: Dougt C. Holland, es Thompson, City Attorney City Clerk APPROVED BY MY MANAGER "CONSULTANT" © = o r Zp11 ,A.1.069 PlaySafe, LLC ---w--- Date: By : (namej 75 -,, Date: (name) Ll 720599.1 RevIeW:6„6110 State of&W*& ,rf'� County of On&*6=t before"Um � A personally aweared -5400 " lf efle Q6 a who pmvad to me on to basis of satisfaory eh*mw to be the pawn(s)wig name(s)Wm subsonIW to the within Instrurnent and acknowlsdged to me that helshelthey ox ited the some in hislherlftIr authorized capacity(ies),and that lay hWherltheir si�r�#wks)on the, OFFICIAL SEALL Uxautt»t ttte perlson(s), or the entity upon behalf of L a tI T t e J o ( which the person(s)acted,executed the insbument. NOTARY PUW— . b�•,x�a• STATE OF NEW I certify under PENALTY OF PERJURY under the laws My commisMon Expires: of the State of California that the toregoing paragraph is ".."`.:.� true and correct. WITNESS my hand and official seal. Signature"" OPTIQNAL 'Fww►the ur/om 56W below is not required by laws N noy pow 1 Wl'lmbb to wsom ta#d rg on the document and vould preveryf to artaVw daamw#1. Description of Attached Document Title or Type of DDoumem: Daeumertt Cate` Number of Pages: Signe(s)Other Than Named Atrave: Capecity(les)Claimed by Signer(s) signers Iuame:.,,_...._._._..._m_.__.._._.__._._ Signer 0 Individual n Indhidual 1:1 Corpnra$sOfttcrar—TWe(s): C7Cor�e Officer—TittB(a): _ 0 Partner—0 t.imited 11 General 0 Partner-••••r..7' I unit d C General 0 Attorney in Fact ©Attorney in Fact 0 Trustee t*f". VM h" 0 Tmstee loa of thwrb hors J Guardian or Conservator. ❑Guardian or Conservator u Other_ L1Other: Signer Is Hepreserttirlg: Signer Is representing: !>�C9TtdNIMYfItkIAryAMGdaNdnrk850LkSDIo+taMl9C�F�c7Affl!•(1frnh.CJ10t51384�•ww�thrY� �t��9d6• Ftonda[:GOw"�''e7e1-8A697�d�9' 10 Revised:61t6Mo 720599.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance I 1 Revised:6/10110 720599.1 PiaySde,LLC Recreational Consulting & Services Proposal for the City of Palm Springs CA Vicki Oltean, Director,Parks and Recreation City of Palm Springs 401 S Pavilion Way Palm Springs,CA 92262 760.323.8272 Phone 760.323.8279 Fax Vicki.Oltean@palmsprings-ca.gov Dear Director Oltean Thank you for your request regarding the services PlaySofe, LLC can provide concerning playground safety audits. We at PlaySafe, LLC look forward to working with you to improve the lives of children at the City of Palm Springs's 7 parks (Baristo, Demuth, Desert Highland, Ruth Hardy, Sunrise,Victoria,and the Airport) • Initial and Annual Playground Safety Audit The initial step (and once a year) will be to conduct a Playground Safety Audit to your 6 park playgrounds. PlaySde, LLC will conduct an inventory and audit of the playground equipment, surfacing, and installation of that equipment for City of Palm Springs's 7 parks. ASTM/CPSC requirements that would require the disassembling or alternating of the equipment/footings (for example Structural Integrity and Stability) are not tested. A team of National Parks and Recreation Certified Playground Safety Inspectors will conduct the audit. We will produce an inventory of the equipment and conduct an audit of the equipment to determine compliance with the ASTM (98 and 07), ADA, & CPSC - excluding the toddler sections. PloySal'e, LLC has purchased, and our staff has trained with, an ASTM F1292 Standards Committee approved Free Fall Surface Testing System. This testing system enables PlaySal'e, LLC to exannine your surfacing on site to detect whether it complies with the ASTM 1292. A point of clarification: The ASTM F1487-07 provides much more detailed information on Fall Height measurements then the CPSC document. PloySal'e,LLC uses the ASTM document to identify Fall Heights. Cost: $975.00 per park X 7 parks=$682.5.00.This action will take less than 30 days to complete from time of approval. • Playground Safety Forms and Format During the completion of the Audit PlaySal'e,LLC Staff will meet with the City of Palm Springs staff and vendors to develop inspection forms(for City staff and Play-we,LLC staff),work order procedure and a vendor order process. Cost: $1.500.00.This action will take less than 15 days to complete from time of approval. Playground Safety Inspection PloySafe, LLC Staff will than conduct a Playground Safety Inspection once a month to your 7 park playgrounds. Cost: $400.00 per park X 7 parks=$2800.00 per month. General Information: PlaySafe, LLC payment terms are 30 days or a 1.5-% late fee will be charged. If there are any additional costs for business for a project it will be necessary to add them to this quote. Pricing is available for calendar year 2011. • PlaySafe,LLC has Professional Liability,Worker's Compensation, General Liability, and Auto Liability Insurances. We have attached copies of our audit documents for review purposes only. Please understand that they are copyrighted and permission has not been provided for their use. Additional Playground Services "Unfortunately, more than 200,000 children are treated in U.S. hospital emergency rooms each year for injuries associated with playground equipment. Most injuries occur when children fall from the equipment onto the ground." Ann Brown,Chairman, U.S Consumer Product Safety Commission PlayWe, LLC's goals when working with public agencies are to help administrators and maintenance crews to design, purchase and install the safest playground equipment which meets the children's needs. Often we work with playground equipment vendors to insure that the best price possible is achieved;for instance,with Santa Fe Public Schools NM PlaySafe,LLC was able to have playground vendors reduce their price by 46%. All services involving playgrounds incorporate the requirements of the Americans with Disabilities Act (ADA), the Consumer Product Safety Commission (CPSC), and the American Society of Testing Materials (ASTM). National Parks and Recreation Certified Playground Safety Inspectors will conduct all audits. Instruction on Playground Issues—Equipment and Surfacing Audits of Playgrounds-Assistance With Playground and Design-ADA Accessibility-Assistance With Fund Raising- Development of Maintenance Programs-Expert Witness— Coordinating of construction personnel PlaySafe, LLC can conduct playground maintenance and supervision training, develop exams (both written and hands on), provide expert testimony on behalf of the City of Palm Springs and provide background information to attorneys in litigated cases. PlaySaf'e, LLC can also meet with staff of the City of Palm Springs and their guests, Risk Management, and Planning/Construction personnel to coordinate the development of criteria (such as a RFP), purchase, and installation of playground equipment that is most cost effective, reduces liability, and produces the most play value. Cost: $65.00 per hour Names and qualifications of PlaySde, LLC team members that will be assigned to this project: Sam(Butch)DeFillippo: Managing Partner/Inspector Butch has 25+ years of experience in the parks and recreation field prior to his work with Play.SaF'e, LLC. He holds both a BA and MA degree in Parks and Recreation Administration. He has qualified for the following certifications: NPSI Certified National Playground Safety Inspector (NPSI), National Recreation and Parks Association Certified Parks and Recreation Professional (CPRP), Stranco Public Pool Operator Certification, TRIAX 2000 Surface Impact Tester (ASTM 1292 compliant). He serves as a legal expert witness, an advisor to numerous national organizations and committees, a consultant to hundreds of government agencies, non profit organizations and to the private sector. Butch is quoted frequently in the professions national publications. [erdlrwd wa Safety yground Inspector Terry Boning Inspector Terry is a retired Elementary Physical Education Teacher with more then 25 years working for public schools. Terry has a Bachelor of Science in Physical Education and Health. He worked for a city Parks and Recreation Department for several years (two of them as the director of the summer recreation program a middle school) and was the director of a country club swimming pool. Terry is a NPSI Certified National Playground Safety Inspector and he passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. eotow Patrick"Duke"DeFillippo Inspector-Duke worked for over 5 years in the recreation field for government agencies. He also worked for 3 playground installation companies installing playgrounds in 3 states.Duke additionally worked for a playground manufacturer for over 7 years. Duke earned his Bachelor from The University of New Mexico and has the following certifications: NPSI Certified National Playground Safety Inspector,National Recreation and Parks and the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. Certified Pp11�ayyppround 5d(efylnspector Chris Orlando:Production Coordinator/Inspector Chris has 20+ years experience in parks and recreation and government agency work. He is trained in the parks and recreation field and is certified as a NPSI National Playground Safety Inspector (NPSI) as well as TRIAX 2000 Surface Impact Tester (ASTM 1292 compliant). He is an expert on parks, recreation, sport, aquatic and facility computer simulations and design work and provides Play5ara, LLC with final product documents, reports, concept plans and design elements. Certifled Waayygqround SnfrtylnspeMr Cherie DeFilli o Business Manager/Managing Member/Ins ector Cherie has a Bachelor of Arts in Community Health and has an extensive background working in the recreation field. Cherie has worked for the City Parks and Recreation Departments, Paradise Hills Country Club, and local childcare facilities. Cherie has more then 30 years working with children and as the owner of her own business has successfully managed an office for 15 years. Cherie is a NPSI Certified National Playground Safety Inspector and she passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. Cerdfled Safety Inspector Brett Bonin (Inspector) Brett has worked for Albuquerque Public Schools (playground maintenance team) maintaining over a 100 playgrounds, Hansen and Prezzano Builders (Crew Forman) installing hundreds of playgrounds in 5 states, and in the US Army (Single Channel Radio Operator). Brett is a NPSI Certified National Playground Safety Inspector and has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. IVcw lod round y ln5p2CtQr Dr. Craig Kelsey: Team Leader-Planning Services/Inspector Craig has 35+years experience in the parks and recreation planning field. He holds a BS, MS and PhD degrees in Parks, Recreation and Environmental planning. He has been the lead on hundreds of parks and recreation planning studies for PlaySaFe,LLC and is noted for his development of the Q-SORT focus group citizen involvement model and the ENVIROPLAN community planning approach. Dr. Kelsey is the author of professional research and application articles found in the professional literature as well as textbooks used both by planning specialists and university courses. He is the author of The Parks and Recreation Master Plan Process, the most quoted text in the field. Dr. Kelsey has passed the training program for the TR1AX 2000 Surface Impact Tester in compliance with the ASTM 1292 Mary Boning Inspector Mary earned her Bachelor of Science in Nursing and Master of Arts in Adult Education. Mary worked in the heath care industry for over 38 years.Mary has been a nurse,coordinated education programs, and the director of hospital departments. Mary has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292. Dr.Nancy White: Special Projects-Planning Services/Inspector Nancy has 25+years experience in the parks and recreation field. She holds a BA, MA and PhD degrees in Parks and Recreation as well as a MPA degree in Public Administration. She is a National Recreation and Parks Association Certified Parks and Recreation Professional (CPRP). Dr. White is an expert on risk management prevention in the parks and recreation field as well as in aquatics. She is a consultant from PIay5a4,LLC to hundreds of agencies and is sought after as a frequent presenter of workshops in the parks and recreation risk management field. Dr. White has passed the training program for the TRIAX 2000 Surface Impact Tester in compliance with the ASTM 1292 Brain Cox: CAD Drafter/Inspector Brain is the CAD and 3D graphic artist for PlaySarc, LLC. He holds a BA degree in Architecture and is an expert in AutoCAD, 3D Studio, VIZ and other architecture, design and simulation programs. He is TRIAX 2000 Surface Impact Tester trained (ASTM 1292 complaint) and assists Chris with parks,recreation, sport, aquatic and facility computer simulations and design work. Dr.Todd Seilder: Special Projects-Planning Services Todd has 20+ years experience in the sports management and planning field. He hold a BS, MS and PhD in Physical Education and Sports Administration. He is the Past President of the Sport and Recreation Law Association (SRLA) and has also served as its Executive Director. Dr. Seilder is an expert on risk management, injury prevention, legal issues and sport and recreation facility planning and management. He is the co author of the most widely used text in the physical education and sport facility planning field. With Pby5are, LLC he is a widely sought after workshop presenter and planning consultant. Clientele Play-Safe, LLC has conducted services for the following agencies. Please feel free to contact any of our clients: • County of Los Angeles,CA Luci Guterrez 323.267.2265 Audit of 120 playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development • Alamogordo Public Schools,NM Dave Flood 575.812.6015 Audit of all playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development • Carlsbad Municipal Schools,NM Erich Franke 575.441.8187 Audit of all playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development • Desert Recreation,CA Stan Ford 760.636.6845 Audit of 10 playgrounds, economic impact study, system-wide park plan, developer guidelines and specification standards, grant writing workshop, and playground maintenance &grant writing training • City of Gallup, NM Eric Honeyfield 505.863.1220 Audit of 21 playgrounds and a department wide master plan • City of Plano,TX William Dakin 972.941.7250 Athletic facilities department wide master plan,playground audits • Town of San Anselmo,CA Debbie Stutsman 415.258.4652 Department wide master plan • Santa Fe Public Schools,NM Bobbie Gutierrez 505.467.2024 Audit of over 30 playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development, Elementary School Physical Education Curriculum Development Study • City of Phoenix,AZ Holly Bosch 602.262.4937 Audit of over 150 playgrounds, training of staff, playground equipment recommendations for purchase, RFP development, layout and design, and review of playgrounds, and maintenance program development • Albuquerque Public Schools,NM Rick Leydig 505.975.3738 Audit of 114 playgrounds, training of staff, playground equipment recommendations for purchase, layout and design, and review of playgrounds, fund raising, master plan development, maintenance program development,and presentations • City of Bakersfield,CA Greg Cronk 661.326.3117 Audit of 58 playgrounds, site punchlists, surfacing testing, maintenance training, department wide master plan, and a system-wide park plan • Los Angeles Unified School District,CA Ken Ings 310.808.1532 Audit of 20 playground surfacing and safety training of staff • City of Flagstaff,AZ Phillip Garcia 520.774.5281 Audit of 5 playgrounds • Pima County,AZ George Cook 520.740.2690 Audit of 20 newly installed playgrounds • Frisco Independent School District,TX Bob Yarger 469.633,6160 Audit of 9 playgrounds • McKinney Independent School District,TX Brian Wingburg 972.569.6500 Audit of 10 playgrounds • San Bernardino County,CA Cindy Jones 909.387.5275 Audit of 3 playgrounds • El Paso Rehabilitation Center,TX Jaime Barceleay 915.544.8484 Audit of playground,RFP development for playground equipment • California Joint Powers Insurance Authority,CA Catherine Sloan 562.467.8721 PlaySofe, LLC presented at many CJPIA conferences (2000-Present) on playground safety and litigation.We provide CJPIA member's parks and recreation risk management,defending your agency against lawsuits, and playground safety seminars and trainings. • City of Cupertino,CA Bob Rizzo 408.777.3215 Audit of 15 playgrounds,checklist development, maintenance checklist development, maintenance seminar and training • Fullerton School District,CA Karen Lynch 714.447,7450 Audit of 20 playgrounds • City of Burbank,CA Jan Bartolo 818.238.5300 Audit of 17 playgrounds and in-service training • Los Lunas Public Schools,NM Vicky Parker 505.865.9636 Audit of 25 playgrounds, maintenance training, master plan development, and consulting (playground equipment recommendations for purchase, layout, and design, and review of playgrounds) • Bernalillo County,NM Ed Chismar 505.764.6850 Audit of over 26 playgrounds, maintenance staff training, training of staff — consulting (playground equipment recommendations for purchase, layout and design, and review of playgrounds) • City of Peoria, AZ Eric Wilson 623.773.7491 Playground safety training • City of San Diego, CA Clark Ritter 619.235.5236 Audit of over 25 playgrounds • City of Clovis,NM Roger Bennett 505.769.7828 Audit of 6 playgrounds,department wide master plan,and playground safety training of staff • City of Rio Rancho,NM Charles Fernandez 505.891.5015 Audit of over 13 playgrounds,playground safety training,risk management training • Clovis Municipal Schools,NM PJ Odegaard 505.769.4300 Maintenance program development • Cooperative Educational Services,NM Lou Perry 505.344.5470 Audit of playgrounds • Village of Corrales,NM Lynn Siberts 505.899.8900 Audit of 2 playgrounds, playground safety training of staff,design legislative packet • New Mexico School for the Visually Handicapped Linda Cimmerle 505,439.4433 Audit of playground • University of New Mexico Vern Hershberger 505.277.9756 Plan review • City of Agoura Hill,CA Dale Sumersille 818.597.7361 Audit of 6 playgrounds,checklist development,playground safety seminar and training • City of Sell Gardens,CA Carlos Garcia 562.806.7650 Audit of 7 playgrounds • Fairplex,County of Los Angeles,CA Carolyn Cox 909.865.4205 Audit of playground • City of Glendora,CA Halla Speaker 626.914.8200 Audit of 9 playgrounds • City of Indio,CA Ben Salazar 760.347.1058 Audit of 7 playgrounds • City of Irwindale,CA Dan Grijalva 626.433.2206 Audit of 4 playgrounds • Jurupa Area Recreation and Park District,CA Dan Rodriquiz 909.361.2090 Playground safety seminar and training • City of La Palma,CA Jan L. Hobson 714.690.3360 Audit of 4 playgrounds,playground safety maintenance seminar and training • City of Loma Linda,CA Robert Shenton 909.799.4435 Audit of 2 playgrounds • City of Ojai,CA Stan Hakes 805.640.2560 Audit of 2 playgrounds • City of San Fernando,CA Helen Collins 818.898.1234 Audit of playground • City of San Gabriel,CA George Kotchnik 626.308.2875 Audit of 3 playgrounds • City of South El Monte,CA Keith White 626.579.6540 Audit of 3 playgrounds • City of Temecula,CA Kevin Harrington 909.694.6480 Audit of playground • City of Temple City,CA Cathy Burroughs 626.285.2171 Audit of 2 playgrounds • Amazement Square Children's Museum,VA Mort Sajadian Ph.D 804.845.1888 Audit of a 5-story high playground • City of Westlake Village,CA Audrey Brown 818.706.1613 Audit of 4 playgrounds • Civil Service Commission Pueblo,CO Steven Colton 719.584.0825 Developed written exams for staff • County of San Bernardino,CA Cindy Jones 909.387.5275 Audit of 3 playgrounds PloyWe, LLC has also conducted audits for the following agencies (Additional information is available from this list): Attorneys Davis W. Smith -Attorney at Law TX *Ferguson Firm -Attorneys at Law TX *Eaton, Martinez & Hart-Attorneys at Law NM *Plattner Verderame, PC AZ *Zachar Law Firm AZ *Narvaez Law Firm NM * Mickey Barnett Law Offices NM * Robert G. Marcotte - Attorney at Law NM * Matthew L Riggs, At Law AZ* Breyer Law Ojftces AZ*Low, Ball &Lynch CA*Thomas, Thomas, &Hafer PA Playground Equipment and Surfacing Representatives and Companies Triple M AZ, NM, CA, CO *Miracle Playgrounds AZ*Churchich Recreation LLC, CO, NM* Exerplay Incorporated CA, NM *PlayWell TX, NM *GameTime AL *Detailed Play Systems NJ *Brewer's Ledge, Inc MA *Recreation Consultants of Texas TX*Robertson Industries Inc AZ, CA,NM*Child Safe Products, Inc,AZ, FL, NY*Cre8ate Play MN*Carpathian Industries NJ Schools/Dayeares Broward County Public Schools FL * Campbell Hall School CA * Garland Independent School District TX * Chadwick School CA * Chapter One / Kid's Corner CA * Crane School CA* Fresno Christian Schools CA * Good Samaritan Hospital CA *La Mesa United Methodist Children Center CA *Montessori Center School of Santa Barbara CA * San Francisco School CA * St. David's Private School CA * Holy Ghost Catholic School NM * North Side Christian Early Childhood Development Center CA * Pacifica Co-Op Nursery School CA * Peninsula Heritage Preschool CA * Grace Baptist Church CA * St. Peters Episcopal Church & Preschool CA * Trinity Lutheran Preschool and Church CA * Sonshine Factory CA * Pilgrim Children Center CA * Valley Beth Shalom Nursery School CA *Santa Fe Kids Company CA *Kids Town CA * NW YMCA Pima County AZ * Montessori Academy CA * Harvard Square Maintenance Association CA *The Broadoaks Children's School of Whittier College CA *St. Luke Lutheran Preschool &Kindergarten NM *Auraria Higher Education Center Early Learning Center CO *Mesilla Valley Christian Schools NM * LA Mission College Child Development Center CA Catholic Charities of the Archdiocese of Newark NJ*Socorro Independent School District TX Homeowners Associations/Property Management Ascot Home Owners Association CA * Carden Arbor View Schools CA * Assistance League of Antelope Valley CA *Compass Management Group CA * Coyote Creek Home Owners Association CA *Expressions Home Owners Association CA *Fairway Crest Home Owners Association CA * Concord Capital Assets CA *New Horizons Home Owner's Association CA *Santa Elena Home Owners Association CA * Santa Teresa Home Owners Association CA * Seabreeze Management Company CA *Summerfield Home Owners Association CA * Terraces Home Owners Association CA * Village Grove Home Owners Association CA * Vintage Hills PCA CA * Vistara Home Owners Association CA * Condominium Management Services CA *New Horizons Homeowners Association CA * Keystone Pacific Property Management Incorporated CA * Glendora Springs Home Owners Association CA * Home Garden Home Owners Association CA * Mountain View Park Home Owners Association CA * Warren Properties NM * Fairway Crest Home Owners Association CA * Warren Properties NM * Walters Management Company * Carmel Mountain Ranch HOA *Zia Apartment Management NM *Sunrise Apartments NM Installation Companies Jon Del Construction CA *Geoscene Construction Incorporated CA *Castello Incorporated CA Henneberger Construction TX * Hansen & Prezzano Builders, LLC NM, CA *Banes General Contractors TX * West Point Contractors AZ * Gordon Construction NM *Silverton Construction TX*NLR Builders TX *The Sambrano Corp TX *Centex Homes CA *Doose Landscape Inc CA Hunt Building Company TX *GN Construction TX *Court Concepts Inc CA *The Hilltop NM * Highland Enterprises NM * Baca Trees NM * Southwest Parks & Playgrounds TX * DanTex Construction TX * Southwest Growth TX *Canaday & Company CA * Smith & Butler Construction Inc CA * FT James Construction TX * Jan Car Construction TX * Blair Hall Company TX *Hunt Building Company TX *Longford Group, Inc., NV, NM Other Agencies Fuller Theological Seminary CA *Presbyterian Ear Institute NM * Chapman Companies NM * New Mexico Department of Energy NM *Eldorado Community Improvement Association NM * MBA Interior Architecture - Facility Management NM * Stagecoach Stop RV Park NM * National Recreation and Park Association Western Service Center CO * Chapman Companies NM * Eldorado Community Improvement Association NM * Barnabas, Kane & Associates Landscape Architects, AZ * Tierra Verde Industries CA * McGann & Associates Inc AZ * Portuguese Bend Beach Club CA *Darla Schleyer Interiors NM * San Francisco Giants *San Diego Zoo CA *White Sand Missile Base NM* Chicago Park District !L*Tacoma Parks WA City of West Hollywood CA *City of Dallas TX The following chart is intended to be a brief summary of PlaySare, LLC staff's experience in the parks,recreation,and education planning field. IINII1„ Parks and Recreation Master Plan City of Gallup,NM Parks and Recreation Master Plan Beaumont-Cherry Valley Recreation and Park District,CA Summer Camp/Recreation Program Belvedere-Tiburon Recreation Marketing Study Department,CA Parks and Recreation Master Plan Cathedral City,CA Parks and Recreation Master Plan Town of San Anselmo,CA Parks and Recreation Master Plan City of North Logan,UT System Wide Park Plan City of Bakersfield,CA Athletics Planning Study City of Plano,TX System Wide Park Plan Coachella Valley Rec&Park Dist.,CA Parks and Recreation Master Plan City of South Jordan,UT Parks and Recreation Master Plan City of Clovis,NM Parks and Recreation Master Plan City of Bakersfield,CA National Study of the Commercial Playground Industry UBS Capital New York,NY Parks and Recreation Master Plan City of Coachella,CA Parks and Recreation Master Plan Cache County,UT Parks and Recreation Master Plan City of Foley,AL Senior Games Economic Impact Study Palm Desert,CA Elementary School Physical Education Curriculum Development Study Santa Fe Public Schools,NM Survey of Community Residents City of Rio Rancho,NM Parks and Recreation Master Plan Coachella Valley Recreation& Park District,CA Economic Impact Study International Balloon Fiesta Parks and Recreation Master Plan City of Santa Fe,NM Assessment of Citizen Perspectives State of New Mexico Regional Softball Economic Impact Study City of Clinton,UT Parks and Recreation Master Plan City of Rio Rancho,NM SCORP State of New Mexico Parks and Recreation Master Plan Bernalillo County,NM Private Sector Recreation Study State of New Mexico Parks and Recreation Master Plan City of Hyrum,UT Parks and Recreation Master Plan City of Smithfield,UT .,.A.GEI�I�,i..�fla,, w,' Parks and Recreation Master Plan City of Logan,UT Parks and Recreation Master Plan City of Ogden,UT Economic Impact Study New Mexico State Fair Parks and Recreation Master Plan City of Moab,UT Awards During their professional careers, PlaySafe, LLC staff members have been awarded or have achieved numerous accomplishments. They include (but are not limited to): • Presenting at hundreds of national (National Recreation and Parks Association Congress, NRPA-National Executive Development School),regional (NRPA Southwest and Midwest), and state conferences(American Society of Safety Engineers Annual Health& Safety,New Mexico Recreation&Park Association, California Park&Recreation Society, Cooperative Educational Services and Business Community Representatives,California Joint Powers Insurance Authority,New Mexico Association of Health,PE, Recreation and Dance, Texas Recreation and Parks Society, Utah Recreation and Park Association,Texas Parks & Wildlife Associations,Texas Head Start Association) • Members of: NRPA Advisory Board,National Executive Development School Advisory Board,National Risk Management&Safety School Planning Committee, and NPSI Playground Maintenance Service Course's Curriculum Task Force • Contributing as an interviewee for the Center for Injury Research and Policy at John Hopkins • Contributed as a Stakeholder Reviewer for the National Resource Center for Health and Safety in Child Care,Performance Standards: Guidelines for Out-of-Home Child Care Programs • Certification Board Members and Chair • Dean of California State Bakersfield,Full Professorships at the University of New Mexico, Utah State,University of South Dakota,California State Universities;Bakersfield,Fresno and Northridge,Director of Parks and Recreation Department • Winners of national and state awards(NRPA-PIN Department Program Brochure Recognition,NMRPA- Park/Trail/Bike Paths Design Award,Outstanding Grounds Maintenance Award Winner,Recipient of the Duke Jory Scholarship Outstanding Program Award Winner Youth Basketball,recipient of the Outstanding Young Professional Award) • As volunteers worked with youth and adults as baseball,football, soccer and swimming coaches, Head Evaluator of the New Mexico Special Olympics State Games,Regional Chair of the Utah State Games and leaders in the boy scouts and car clubs • Professional coaches • Authors of frequent university text books, articles and papers ( IF��MA IWTEgMAritlWAE NINY EtltllpMEIYT MANDFAMOlNS ASSOOIAAION laySafe, LLC:'.is tlte. .1"Associate Menthes'of 1:9':1 :M.A ASSOCIATE MEMBER R PLAN BLIC INPUT I � y oceS8 ocess i, P4NX AORECAQTpCN NMINE MIGflECR[ARW i PAN lhirdlJ h ,dt� pr,eta' y Chjig W.Y,I PhD Cllif s I RWu.r w r«m+ Sig j iTM 3 3, ! j n hflni Ilkl'll ppo 111 Migm;r 5ec xm,.n. t Y (p 33] 37 hySNe IA AAAR Examples of the books written by PloySafe, LLC staff on issues such as Master Plans, Economic Impact Studies, Feasibility Study Process, & Citizen Surveys for the National Recreation & Parks Association, the American Association of Leisure & Recreation, & the American Alliance for Health, Physical Education, Recreation & Dance We at PlaySde, LLC Really Care! If you have any questions or if you would like additional information please call me at 505. 250.5689. Sincerely, • Dcrj4�a Sam"Butch" DeFillippo, MA, CPRP,NPSI Playground Inspector Managing Partner Phone:505.899.9532*Toll Free: 1.87PIaySafe Fax: 505.899.2666 *Web Site:http://www.Rla-v-safe.com *E-mail:playsafe@play-safe.com EXHIBIT "B99 INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope.of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 12 Revised:6/16/10 7M599.2 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this.Agreement, including any extensions. Such insurance shall not be cancelable without thirty(30)days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees,and volunteers. 2. Minimum Scone of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars($2,000,000)general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars$1,million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 13 tt"wd:GMVIo 720599.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either(1)to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. _Ufrlcieney of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better,unless otherwise acceptable to the City. b. Verification of Covers e. Consultant shall fixrnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2)an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ras respects City of Palm Springs Contract No. "or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or se f insurance the City may have..." ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City"may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate bolder named." Language such as, "endeavor to"mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 720599.1 14 Ptev sW:6/16110 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents,and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. 8. legverability of Interests (Separation of Insureds),. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 720599.1 15 Revised:6/16110