26 Sales force. The Cat dealer salesforce is highly capable and trained in the construction industry.
The Cat dealer salespeople are consultants to their customers and advise their customers on the best solutions for their application and job. As a manufacturer we request our dealers to follow strict training protocols to ensure our sales force remains current on all product updates. Specifically, as it relates to governmental sales, each dealer has one or more people named to be a key liaison between us as manufacturer and their dealer sales team. They're offered additional in depth training on Sourcewell and ensures that all contract terms are followed.
Caterpillar has Operational Excellence Programs that recognize dealers' excellence in marketing and sales processes and operations, among other areas of the business.
In North America, our dealers employ more than 53,000 people across the machine, energy, parts and service divisions. The dealer sales teams are supported by a network of Caterpillar professionals. Each dealer has in territory support of 5 to 8 Caterpillar sales/marketing employees. It is the responsibility of these people to ensure that the dealer and Caterpillar are working well together to constantly improve and to adapt to marketplace changes. Beyond the territory experts, the sales and marketing department at Caterpillar is staffed by more than 600 people whose mission is to focus on customer satisfaction. Even more are employed "behind-the scenes" to ensure industry leading product design, up to date product information, and maintaining the ease of doing business in an increasingly connected marketplace. *
27 Dealer network or other distribution
methods.
The Cat dealer network is key to the success of our company. Boasting over 160 dealers throughout 193 countries worldwide, the Cat dealer network is widely considered to be the best in industry. Within Canada and the United States, we have 47 dealers and more than 800 dealer owned locations that sell and rent equipment.
Please refer to our directory listing of Cat dealer locations and our easy to view locations map in the attached "Additional Documents" zip file. Cat dealers are independently-owned. Each dealer has multiple branches and a mobile service fleet than can serve customers regardless of location. These are full physical locations our governmental customers can use.
Because of the size of Cat dealers, they are exceptionally capable to serve governmental customers. Dealers have trained specialists that cover many industries including heavy equipment.
Collectively, Cat dealers' large net worth permits them to stock a high volume of replacement parts - allowing governmental customers the fastest turnaround on parts availability and repair time. Cat dealers recognize the importance of governmental business to their overall success and they each have one or more governmental specialists whose job it is to serve governmental agencies well.
Please refer to the Cat dealer locations map included in "Additional Documents". Additionally, you can leverage https://www.cat.com/en_US/support/dealerlocator.html to locate dealers by location. *
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
28 Service force. At Caterpillar we are very proud of the saying "The sales department sells the first machine; the service department sells every one after that." The Cat dealer network in North America collectively employs more than 20,000 factory trained technicians, parts experts, product support managers and
other service-oriented staff. These subject matter experts are supported by the best repair shop equipment and materials. As machines and engines are constantly updated, so too are our service experts. We conduct product-specific training every week of the year. Technician shortage is an industry-wide concern, but because Cat dealers are large, long established companies, they can offer strong compensation and benefit packages that encourage the best people to seek employment and to retain them once hired. Caterpillar works very closely with dealers and through a program called "ThinkBIG", we are able to keep the pipeline of high quality employees full. ThinkBIG is a Caterpillar-specific instructional program that pays the student while they train to become a technician. It is a 2-year program with lab and classroom work, and a paid internship at a sponsoring Cat Dealer. As a result, the student will graduate with an accredited degree backed with over 2,000 hours of work experience.
In addition to the technicians and mechanics that work on the machines directly, each dealer has a service support staff that includes customer-facing consultants who are responsible for working with customers to set up maintenance and repair schedules to ensure the best possible up-time.
Collectively, service support staff makes up the bulk of each dealers' staff. Roughly half of their personnel investment goes to ensuring customer success via product support.
The dealer service teams are supported by a network of Caterpillar professionals.
Each dealer has in territory support of 5 to 8 Caterpillar parts/service employees. It is the responsibility of these specialists to ensure that the dealer and Caterpillar are working well together to constantly improve and to adapt to marketplace changes.
Beyond the territory experts, the service and support groups at Caterpillar are staffed by thousands of people whose mission is to focus on post-sale customer satisfaction.
Even more are employed "behind-the-scenes" to ensure technical literature is up to date, service standards are adhere to and repair questions are answered quickly. We exceed our 95% 2-hour response rate target in responding to dealer service inquiries. *
29 Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
Our simple order process has been and will continue to be well appreciated by Sourcewell and Sourcewell members:
1) When a member decides to purchase a new Cat machine, they simply include their Sourcewell member number on the Purchase Order they issue to the Cat dealer. 2) The Cat dealer then accepts the PO, issues the invoice, accepts payment and delivers the machine.
3) After the machine has been delivered, the dealer, as part of their normal process, includes the member number when filing their sales claims with Caterpillar. 4) At month's end, Caterpillar aggregates these reports and sends the sales information quarterly to Sourcewell along with the administrative fee.
IMPORTANT NOTE: Should a member wish to include additional terms and conditions to this contract, or to otherwise request a Participating Addendum, that agreement / PA should be executed between the member and Cat dealer directly. *
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
30 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
We are proud that our reputation stands on having the best customer support in the industry. In fact, our capabilities are industry leading. In the event a customer ever has a problem or issue with a machine, their Cat dealer is empowered to resolve that issue locally. If the problem is a result of a defect in material or workmanship, within the standard warranty period, the local Cat dealer will work with Caterpillar to apply the appropriate warranty, and keep the customer informed. Every Cat dealer has a common detailed service process in place. Caterpillar supports and verifies that all the dealer service technicians are supplied with the tools and equipment needed to repair all Cat products.
Technicians have access to an electronic library of technical information including Service Letters, Technical Information Bulletins, System Operations, Troubleshooting and Disassembly and Assembly manuals. These manuals are provided for every Cat product. Each dealer also has one or more "Technical Communicators" who are dedicated to supporting the service technicians by acting as a liaison between the shop personnel and Caterpillar.
The service technicians also have a dealer support network (DSN) system with direct access to Caterpillar's Service Engineers. Caterpillar responds to more than 95% of all high priority tickets within one hour.
Caterpillar is got everything customers need to keep their Cat machines in top shape. Whether they want Genuine Cat parts, manuals and resources to do maintenance and repairs themselves, or prefer to have one of our expert dealer technicians do the work. We make it easy to keep their Cat equipment running.
Some of our service solutions include:
-Cat Fleet Management (Condition Monitoring) - Lowers the total cost of ownership of machine. By connecting your fleet, you will be able to: track the location of your assets, monitor & manage the fuel consumption, identify the operators who would need extra training, and plan & schedule your maintenance. All of which will maximize your uptime.
-Customer Value Agreements (CVA) - Customizable plans for your equipment new or used - to do more work with lower, more predictable costs. It's a convenient plan to get the most from your equipment throughout its life. Examples of CVAs may include but are not limited to: Maintenance CVAs, Component CVAs, and Machine CVAs. -S•O•S SM Services - A fluid analysis program that provides results that you can trust including trend analysis that provides benefit to your machine and fleet. -Cat Inspect - A digital way to perform checklists, pre-work inspections, annual inspections and PM checklists. All of which can be captured in the easy to use app. *
31 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
We are proud to serve all geographic areas and all Sourcewell member sectors within the United States to offer our complete products and services. Caterpillar has successfully and proudly utilized Sourcewell to sell machines in all 50 states.
Caterpillar's global reach and presence is unmatched in the industry, and we serve customers around the globe. Our manufacturing, marketing, logistics, services, research and development and related facilities, along with our dealer locations, total more than 500 locations worldwide. North America specifically is home to 47 factories and 10 parts distribution centers, which make up 40% of our global footprint! The Caterpillar parts network delivers 98% of the parts orders within 24 hours.
In addition to our facilities listed above, Cat Parts are available through the Cat dealer network in at different price points, including: Cat New, Cat General Duty and Cat Reman. The Cat dealer network also have the capability to provide dealer exchange components, dealer rebuilt components and used parts when available.
Each dealer can match the appropriate parts offering to match the customers application and productivity. For example, Cat dealers offer Cat factory remanufactured parts (Cat reman) to follow the same quality, performance, and reliability as Cat new parts. This product line provides the same as new parts warranty, includes critical engineering changes, reduces waste, and protects the environment and saves critical repair time on machines. Cat reman also uses 100% Cat parts in the remanufacture process.
Our 1.4 million parts are available to order 24/7 on Parts.Cat.Com. *
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
32 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
We are serve all geographic areas and all Canoe member sectors within Canada with our complete product and service offerings. In fact, we see the Canadian market as a significant growth opportunity for Canoe through Sourcewell contract usage. We have gained momentum with our current contract 032119-CAT in Canada.
Caterpillar's global reach and presence is unmatched in the industry, and we serve customers around the globe. Our manufacturing, marketing, logistics, services, research and development and related facilities, along with our dealer locations, total more than 500 locations worldwide. North America specifically is home to 47 factories and 10 parts distribution centers, which make up 40% of our global footprint! The Caterpillar parts network delivers 98% of the parts orders within 24 hours.
In addition to our facilities listed above, Cat Parts are available through the Cat dealer network in at different price points, including: Cat New, Cat General Duty and Cat Reman. The Cat dealer network also have the capability to provide dealer exchange components, dealer rebuilt components and used parts when available.
Each dealer can match the appropriate parts offering to match the customers application and productivity. For example, Cat® dealers offer Cat® factory remanufactured parts (Cat reman) to follow the same quality, performance, and reliability as Cat new parts. This product line provides the same as new parts warranty, includes critical engineering changes, reduces waste, and protects the environment and saves critical repair time on machines. Cat reman also uses 100% Cat parts in the remanufacture process.
Our 1.4 million parts are available to order 24/7 on Parts.Cat.Com. *
33 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.
We are proud to serve all geographic areas of the United States and Canada. *
34 Identify any Sourcewell participating entity
sectors (i.e., government, education, not-forprofit) that you will NOT be fully serving through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
We are proud to serve all Sourcewell Member sectors within the United States and Canada with our complete product and service offering through Sourcewell.
Caterpillar's cooperative purchasing contracts are non-exclusive; i.e. none of them restrict Caterpillar from promoting our Sourcewell contracts. *
35 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
There are no restrictions or limitations for sales to members in Hawaii, Alaska or U.S. Territories. *
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
Table 7: Marketing Plan
Line
Item Question Response *
36 Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
Our current marketing strategy with Sourcewell contract 032119-CAT proves to be effective with year over year sales growth. Our primary strategy to promote this contract with participating entities is through our Cat dealers' sales force. We provide group and individual training to our dealer sales reps, focusing on benefits from selling through cooperative contracts vs bids. We proudly announce the award publicly through our multiple customer facing touchpoints which may include:
1) Press Release
2) Government Solutions Magazine (Caterpillar produced magazine distributed to governmental customers in the US and Canada)
3) Government Training & Safety Days (Government customer training events at Caterpillar facilities)
4) Announcement in our governmental customer e-newsletter 5) Feature on our governmental focused website: www.cat.com/governmental 6) Announcement on our social media channels (FB, Instagram, LinkedIn) 7) Display mentions at all governmental tradeshows we attend. (NACE Annual Conference, APWA Snow Show, Waste EXPO, GFX, NIGP Annual Forum & Products Expo, and APWA PWX & Annual Roadeo)
8) Update literature with the new contact information. (An updated version can be found within our attached marketing plan attachment.)
*
37 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
Caterpillar and the Cat dealer network are leaders in using technologies to reach our customers.
- Focus on organic search and Search Engine Optimization (SEO) to help our customers digitally find our products and the information they need. - Leverage Caterpillar's social media platforms (YouTube, Facebook, LinkedIn, Instagram, etc) and ability to target governmental segments.
- Leverage predictive data analytics (past purchase history and financing information) to recognize in advance when customers may be considering replacing machines they currently own.
- Leverage Deltek's GovWIN data in the US and Canada for governmental lead generation.
Caterpillar has a Customer Interaction Center available 24/7 who handles digital leads received from cat.com, social media, etc. Our team qualifies those leads and passes them on to our Cat Dealer network using the Salesforce platform (Customer Relationship Management system). We have processes that allows us to confirm our Cat dealers have reached out to those customers.
*
38 In your view, what is Sourcewell’s role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Sourcewell is a well-respected contracting agency within the public procurement industry. It is important, in the event of an award, that our products and logos be included in Sourcewell marketing and website. We believe that the most important role that Sourcewell can play in marketing our contract and products, is to market themselves and promote contract purchasing across the industry.
In the event of an award, Caterpillar will put high priority in building awareness and enthusiasm within our dealer network and customer base to leverage the Sourcewell contract as our go to market strategy.
*
39 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
We do offer a e-procurement ordering process for parts via parts.cat.com. We can also integrate into a variety of procurement systems for high volume customers.
Our wide machine portfolio and multiple configurations per machine model allows us to provide the best machine for the customer need. Our Cat dealers are trained to configure our equipment and advise the customer on the best machine and configuration for their application. Therefore, a consultative salesperson is integral in this process, and we do not use an e-procurement machine ordering process.
*
Table 8: Value-Added Attributes
Line
Item Question Response *
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
40 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
All dealers offer basic operation, safety, and maintenance training with every sale. Should a customer desire more advanced training, such as productivity improvement or advanced repairs, each of our dealers can supply that training. Often there is a cost associated with that specific training and it would be negotiated between the dealer and the customer.
Caterpillar also offers training programs directly to customers in three areas: operation, safety and service. Members may access courses online, via CD's, or through instructor-led classes leading to operator certifications. The fees for these services vary depending on the depth of training desired. These high-level instruct-led courses can be conducted at one of our dedicated training facilities in the US or on a customer's local site using their own equipment.
Caterpillar also has a licensed supplier that offers Cat Simulators to teach operational techniques from real job sites. For more information visit: https://catsimulators.com/ *
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
41 Describe any technological
advances that your proposed
products or services offer.
Cat technology gives you the power to track, monitor, automate and manage all types of assets- from a single machine, engine, to an entire fleet. We even offer technologies that protect your people. Listed below are a few technology offerings (standard and optional) that are used throughout the world in our Cat equipment.
Next Generation Excavators:
Cat Vision Link - Delivering valuable data with connected machine.
Cat Payload - Precisely load targets every time for faster cycle times.
Cat Skid Steer and Compact Track Loaders:
Electronic Torque Management System - Helps maximize performance, minimize fuel consumption.
Sealed and Pressurized Cabs - Provides a cleaner, quieter work environment.
Cat Backhoe Loaders:
Selectable Power Management Modes - Saves fuel while maintaining machine performance.
Load-Sensing Hydraulic System - Provides excellent response for improved hoe and loader productivity and greater bucket breakout force.
Cat Tractors:
Stable Blade - Produces a smoother surface finish.
Autocarry - Automatic raising and lowering of blade to maximize pushing capacity and prevent excessive track slippage.
Cat Wheel Loaders:
Operator Assist - Helps the operator reduce tire slippage, automatic rimpull management and provides up to 10% better cycle time resulting in higher productivity.
Autodig - consistent high bucket fill factors delivers up to 10% more productivity.
Cat Off Highway Trucks:
Adaptive Economy Mode - Automatically optimizes fuel consumption without affecting productivity just pressing a button.
Truck Production Management System (TPMS) - Weighting system with side indicator lights showing the operator when they are on last pass and when the truck is fully loaded.
Cat Articulated Trucks:
Advanced Automatic Traction Control (AATC) - Technology that proactively applies inter- and cross-axle differential locks ‘on-the-go’ when needed without assistance from operator's interaction.
Cat Detect with Stability Assist - Warns the operator if machine is approaching a pre-set angle during operation, when driving and tipping.
Machine/Operator Safety Technology:
Machine Security System - Gives you control over who can operate your machines and when. Prevents theft.
Seat Belt Reminder - Cost effective safety upgrade that significantly improves operator safety.
Cat Detect for Personnel - Alert ground crews in close proximity to mobile equipment. Cat® Detect for Personnel sounds an immediate, unique alert that cuts through the white noise of engines, generators, cell phones and job site chatter to protect ground workers from equipment backing incidents.
Cat Command - Remote control in operations where an operator could be at safety risk.
Whether you're looking to add technology to your current machine, or want new ways to get more value out of the technology on your equipment, we have options for you. *
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
42 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
Caterpillar shares the concerns of governments and the public about the risks of climate change and supports global efforts to mitigate its impact. We are committed to contributing to a reduced-carbon future.
We demonstrate this in many ways including through our significant progress in reducing greenhouse gas (GHG) emissions from our operations and our continued investment in new products, technologies and services.
Caterpillar is engineering a brighter future through:
- Product innovations
- Advanced technologies leveraging know-how and R&D
- Usage of renewable fuels and fluids
- Solutions to improve jobsite efficiency
- Maintenance solutions
- Manufacturing operations’ carbon efficiency
Caterpillar's long-standing commitment to sustainability inspires us to set and achieve meaningful environmental, social and governance (ESG) goals and develop innovative products, technologies and services to support our customers on their sustainability journey.
Caterpillar is fully committed to our customers’ success by not only the design and manufacture of durable, reliable, innovative and rebuildable construction equipment, but also through our extensive and unmatched dealer network that provides you the best service and support to keep your equipment running, regardless of the environment or challenges.
We consider this as we work toward a vision of a world in which people's basic needs - such as shelter, clean water, education, and reliable energy - are fulfilled. We provide work environments, products, services, and solutions that make productive and efficient use of resources as we strive to achieve our vision. We believe this commitment supports the enduring success of our customers, stockholders, dealers, and our people.
Caterpillar is a proud 20-year member of the Dow Jones Sustainability Indices, including both the World and
North America Indices. The annuals DJSI process follows a best-in-class approach, evaluating numerous corporate economic, environmental, and social performance factors.
For more on sustainability please visit our full report attached in the Financial and Stability attachment section.
*
43 Identify any third-party issued ecolabels, ratings or certifications that your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.
Plants certified with IDO 14001:2004 Environmental Management System include:
1) Anchor Coupling - Goldsboro NC, ISO 14001:2004- Sept 2018 2) Anchor Coupling - Menominee - ISO 14001: 2015 - Jan. 2021 3) Gen Sets - Newberry 0 ISO 14001:2004 - Nov. 2017
4) Mapleton - 14001:2004 self-certification issued Jan 2013 5) Reman Services - Corinth MS - ISO 14001-2015- Sept. 2021 6) Reman Services - Franklin - ISO 14001:2004-May 2017
*
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
44 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
Caterpillar has long drawn on the diversity of its people as a source of innovation and competitive advantage. We are proud that our people come from across the globe, with diverse backgrounds, experiences and perspectives. Despite our differences – in geography, culture, language and business – we are one Caterpillar, one company united by these common principles with a shared commitment to the highest standards of conduct.
For example: Foley Equipment, a Cat® dealer, with territory primarily in Kansas and Missouri, is woman owned. In addition to Foley equipment, there are 31 other women in our North American dealer network who hold the titles of President, Vice President or Director.
One of the more recognized initiatives within Caterpillar's Global Supply Network Division is the Caterpillar Inc. Proprietary Information Supplier Diversity Program which spurs economic growth by increasing business opportunities to minority-owned, women-owned, veteran and service disabled veteran-owned, small disadvantaged businesses and those certified in HUBZones, all while ensuring expectations are met with regards to quality, velocity, capacity, and cost. Currently more than 37% of our direct and indirect purchasing is conducted with suppliers in these categories.
Caterpillar is a proud member of the National Minority Supplier Development Council (NMSDC). We also use the System for Aware Management (SAM), SBA, and NMSDC databases to locate SDB, VOSB, SDVOSB and HUBZone suppliers.
Supplier Diversity is discussed with Global Supply Network Division leadership during the Monthly Operating Results Review meetings. This in turn forces accountability for supplier inclusion by measuring drivers, such as the number of sourcing projects, which include Divers Suppliers and the values of the projects in which they participate. The goal is to create greater transparency to determine which teams are creating inclusive environments and which are not.
For more detail, please see our attached 2021 Global Diversity & Inclusion Report in the Additional Documents folder.
*
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
BEST OVERALL VALUE / LOWEST LIFE CYCLE COST:
Cat products deliver the best value for the money. While we rarely have the lowest initial purchase price, we are happy to demonstrate to customers that our machines offer the lowest overall owning and operating costs when factors such as fuel efficiency, repair frequency, productivity, and resale value are factored in. We believe that government agencies are tasked to be the best stewards of taxpayer funds and our products can prove that they are the best solution. Sourcewell members are in the best position to allow these discussions to take place in contrast to a local bid situation where the focus is often only on initial price.
CAT SAFETY SERVICES / SAFETY FEATURES:
In addition to the tangible, measurable aspects of the life cycle cost equation, we also bring our focus on safety to every product that we manufacture. Quantifying a human life or debilitating injury is impossible, but each machine has industry-leading features that strive to minimize the possibility for accidents.
In addition to built-in safety features, we also offer products and services that are unique in the industry.
Cat Safety Services include, but are not limited to, the following:
Safety Perception Survey - Used to establish a baseline safety-culture assessment by measuring employee perceptions and gaps in beliefs between management and employees on the front line across 20 Safety Culture Indicators.
Safety Leadership Assessment - Used to measure individual safety leadership capability around four domains of safety leadership.
Worksite Assessment - Compares onsite observations of safety practices and employee interview data to the documented processes and procedures.
Continuous Improvement Process - Involving all levels of the organization to generate engagement, involvement, and ownership in the safety improvement process.
Training - can be conducted with e-learning courses on http://safelyhome.cat.com, instructorled training products or as Supplier-facilitated workshops. Topics available include, but are not limited to, safety culture, effective communication, supervisor safety training, recognition, etc.
Fleet Management & Services through Caterpillar Job Site Solutions:
We leverage the power of Caterpillar and our dealers by designing innovative solutions that solve customer problems and that have a positive impact on their bottom line. We approach each site differently, striving to deliver exactly what’s needed — no more, no less.
Every solution includes a unique mix of Caterpillar and dealer capabilities using industry best products, technology, services and expertise necessary to meet the customer’s definition of success. The goal is to leave customers better off tomorrow than they are today.
Details on products and services are available at www.cat.com/safety. More information can be found in the additional document section. Pricing can be found in the pricing document section.
*
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line
Item Question Response *
46 Do your warranties cover all products, parts, and
labor?
Caterpillar has extensive warranty coverage. Please see our warranty statements attached in the warranty information documents. *
47 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
Please see applicable warranty statements in the attached documents. * 48 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Caterpillar does not cover travel time and mileage. Dealer territories vary considerably from state to state as do their policies about travel time and mileage during the warranty period.
*
49 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
One of our key differentiating strengths is our ability to service equipment regardless of where it is located. Please see applicable warranty statements in the attached documents. *
50 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
Warranty service for machines ordered from a Caterpillar facility are generally provided by Caterpillar and performed by Cat dealers. Some items, such as tires, are covered under their manufacturers' warranties. *
51 What are your proposed exchange and return
programs and policies?
Please see applicable warranty statements in the attached documents. * 52 Describe any service contract options for the
items included in your proposal.
We have a large variety of service contract options which can all be customized according to customer needs. Below are just two examples.
More solutions are available and we encourage members and dealers to explore all options.
1) Equipment Protection Plans (EPP): After the initial warranty period ends, members may choose to purchase additional protection plans to reduce their exposure to unplanned costs. These policies are written based on months and hours of operation. There are four standard levels of coverage:
1) Powertrain
2) Powertrain + Hydraulics
3) Powertrain + Hydraulics + Technology
4) Premier
A description of all these options is included in the attached Equipment Protection Plans document. EPP can be purchased at the same time as the machine purchase, or anytime before the standard warranty expires. 2) Customer Value Agreements (CVA's):
A member may choose to enter into an agreement with their Cat dealer to perform routine maintenance and/or repairs. These contracts are customizable based on member needs.
The selling Cat dealer can take responsibility for some or all the required service and maintenance needs to allow the agency to gain efficiency by focusing on the performance demands more than maintenance. CVA's are a useful tool to manage expenses. CVAs can be purchased at the same time as the machine purchase, or anytime after. Cat Financial also offers CVAs, which can be performed by Cat dealers in the United States, and are particularly helpful for customers who move their machine fleet to multiple locations which may have different servicing Cat dealers. *
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
Table 10: Payment Terms and Financing Options
Line
Item Question Response *
53 Describe your payment terms and accepted payment
methods.
Cat dealers are independently owned businesses. As such their payment terms and accepted payment methods vary, but all will be stated on individual invoices. The most common terms are net 30. *
54 Describe any leasing or financing options available for use by educational or governmental entities.
We offer both leasing and financing options to governmental members of Sourcewell at rates lower than available to the general public.
Caterpillar has its own financing arm, Cat Financial.
Cat Financial was founded in 1981 and serves Cat customers and dealers. With over 1,900 employees, Cat Financial is active in more than 40 countries covering more than 148,000 customers worldwide.
Cat Financial offers you a complete solution for your acquisition needs:
- Equipment & Attachments
- Parts
- Service
- Rebuilds
Financial products are aligned and customized with the project and work site requirements such as operating lease, loan or finance lease. Find more information from Cat Financial here:
https://www.cat.com/en_US/support/financing-protection.html *
55 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
Cat dealers are independently owned businesses. As such their standard transaction documents will vary.
*
56 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Because Cat dealers will be receiving payments directly from members, accepting P-card procurement will be at their discretion.
Many dealers do accept this method without additional fees. Some have limitations on the amount that can be processed.
*
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response *
57 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
We offer a deep list discount off the current Caterpillar machine and work tool list prices to all Sourcewell members. We have provided base machine list pricing in the document pricing section.
Base machines must be properly configured with other mandatory and optional items from the price list before they are considered operational. For the execution of the agreement we will ask our Cat dealer and Sourcewell member to use the Caterpillar price list that is current at the time of the quote. Dealers, in consultation with the member, will configure the machine to the desired specifications and apply the stated list discount to that configured list price amount. Dealer and members should remember to factor in any expected price increases if a machine will be built to order. The pricing document, in the applicable pricing document attachment section, shows the list discount offered for each new machine.
Additionally, we are pleased to offer a list discount of 15% off all products and consulting services under Cat Safety Services. *
58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
Pricing in this proposal is a percentage discount from list on current machine and work tools list prices. Our discount range varies between 3 - 34% off of the list price depending on the product family or model.
*
59 Describe any quantity or volume discounts or rebate
programs that you offer.
Our dealers are empowered to consider purchase order volume, repeat purchases, etc. They may offer members additional discounts and /or services at their discretion.
*
60 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open
market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a
percentage,” or you may supply a quote for each such
request.
Sourced goods / Open Market Items are available to members from Cat dealers. The prices for these good or services will represent fair marketing value and will be determined between the member and the selling dealer. We encourage our dealers and members to use these options as it facilitates complimentary products and streamlines the procurement process. Customers and dealers are responsible for including their Sourcewell member numbers on all documentation related to these
purchases. Caterpillar Inc. is not a party to these sales and is exempted from including them in quarterly reports.
For audits, inclusion of a customer's Sourcewell member number on the PO and /or invoice shall be deemed sufficient.
*
61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
Machines are unique in their requirements for preparation prior to use. Some may require local final assembly due to their large size others may have locally installed options (fire suppression, beacons, auto lube systems for example). When a dealer issues a quote for a machine, any dealer costs (like pre-delivery inspection, installation, set up, training, etc.) will be itemized separately and are not subject to the Caterpillar list discount for Sourcewell members. *
62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
There is no additional cost to members who choose to pick up their machines from the Cat dealer. Dealers may charge fees for delivery to the Sourcewell member's location.
*
63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Just as for members in the 48 contiguous states, there is no additional cost to members who choose to pick up their machine from their Cat dealer. Dealers may charge fees for delivery to the Sourcewell members' location.
*
64 Describe any unique distribution and/or delivery methods or options offered in your proposal.
Machines are large purchases and if there are unique Sourcewell member requirements our dealers will be happy to discuss on a case by case basis.
*
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
Caterpillar wants to provide
the governmental customer
the best list discount possible
to allow them to be good
stewards of tax-payers funds.
We want our governmental
customers to have the ability
to choose which cooperative
contract better fits their needs.
Table 13: Audit and Administrative Fee
Line
Item Question Response *
66 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
We plan to continue our very robust process to ensure
reporting speed, accuracy, and contract compliance.
Caterpillar and our Cat dealers have very close and trusting relationships. Our dealers are long-established, and the current process (under contract #032119-CAT) is working well. 1) To ensure pricing accuracy, we maintain our current
Sourcewell customer discount sheet on our dealer facing pricing pages. Dealers integrate these numbers automatically in their quoting software.
2) To ensure new machines and work tool sales are
recorded properly, we use our post-sale credit system. In a nutshell, this means that we
corporately support the pricing offered in this contract at a level below what's available to other customers. To receive this additional monetary support after the machine is
delivered, dealers must supply the member's name, address, and member number. There is no additional burden or cost to our dealers to use the Sourcewell contract and this is part of the reason for their high engagement and our high reporting accuracy.
3) At month end, we gather the new machine and work tool sales data attributed to Sourcewell and aggregate it for our reporting.
4) After quarter end, we will send the quarterly sales report and administration fee payment to Sourcewell for all items that are subject to the administrative fee.
*
67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.
We regularly track the % of sales that are sold using a cooperative contract. We will continue this practice if we are awarded a contract for RFP 011723.
*
68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
Per amendment #1 to Contract #032119-CAT, we will be
pleased to offer an administrative fee of 0.33% of
Caterpillar's list price for each piece of new equipment and serialized work
tools purchased by Sourcewell's Participating Entities.
Caterpillar will pay this fee and will not ask dealers or members to pay the fee.
*
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
69 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
The Cat equipment product line, consisting of more than 300 machines, sets the standard for our industry. We plan to help you meet your needs with our equipment, with our distribution and product support system, and the continual introduction and updating of products.
Caterpillar is pleased to offer a wide variety of products for Sourcewell members.
Excluding paving products, equipment and services awarded on 060122-CAT these include:
- Cat Backhoe Loaders (9 models offered)
- Cat Compact Track Loader/Skid Steer Loader (14 models offered) - Cat Track/Wheel Hydraulic Excavators (41 models offered) - Cat Motor Graders (7 models offered)
- Cat Telehandlers (8 models offered)
- Cat Track Loaders (3 models offered)
- Cat Track/Wheel Dozers (15 models offered)
- Cat Wheel Loaders (19 models offered)
- Cat Wheel Tractor Scrapers (7 models offered)
- Cat Articulated Trucks (5 models offered)
- Cat Rigid Frame Trucks (2 models offered)
- Cat Material Handlers (3 models offered)
- Cat Landfill Compactors (3 models offered)
- Product offerings by model and discount can be found in the pricing attachment within the applicable proposal pricing section.
Services and support include:
- Cat Attachments (Worktools)
- Cat Technology
- Cat Safety Services
- Cat Job Site Solutions
- Product offerings by model and discount can be found in the pricing attachment within the applicable proposal pricing section.
- Services and support brochures can be found in the additional documents section by name of offering.
For more detailed information on each of these products/offerings see the following website: https://www.cat.com/en_US.html
*
70 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
N/A
*
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
Table 148: Depth and 8readth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line Item Categor\ or T\pe Offered Comments
71 Wheeled, tracked, and backhoe loaders Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
7 Motor Graders Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
73 Wheeled and tracked excavators Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
74 Bulldozers, compactors, scapers, articulated and
rigid haulers
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
75 Cranes Yes
No
NIA
76 Accessories or attachments for the offering in #71-
75 above
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
77 Technology or services for the offering in #71-75
above
Yes
No
Manufactured or offered by Caterpillar.
Offerings listed in applicable pricing
attachment section.
Table 14C: Required Offering of Equipment
Indicate below if the proposer's proposal includes at least one (1) of the following listed types or classes of equipment. Provide additional comments in the text box provided, as necessary.
Line Item Categor\ or T\pe Offered Comments
78 Wheel loader with published net horsepower (HP)
of at least 300 HP
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
79 Wheeled or tracked excavator with a published net
horsepower (HP) of at least 150 HP
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
80 Motor Grader with a published maximum operating
weight of at least 30,000 lbs.
Yes
No
Manufactured by Caterpillar. Offerings
listed in applicable pricing attachment
section.
81 Rough terrain, all terrain, crawler, floating, lattice, or telescopic crane with a published maximum lifting
capacity of at least 300 tons and a published
maximum boom length of at least 150 feet
Yes
No
NIA
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
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Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." Pricing - Machine Pricing.zip - Tuesday January 17, 2023 15:29:45 Financial Strength and Stability - Fin Strength and Stability.zip - Tuesday January 17, 2023 10:31:16 Marketing PlanISamples - Marketing Plan.pdf - Tuesday January 17, 2023 14:53:49 WMBEIMBEISBE or Related Certificates (optional)
Warranty Information - Warranty Combined.pdf - Monday January 16, 2023 10:36:31 Standard Transaction Document Samples (optional)
Upload Additional Document - Additional Documents.zip - Tuesday January 17, 2023 16:05:29 DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Sean Egel, Sales Support Consultant, Caterpillar Inc.
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_5_Heavy_Construction_Equipment_RFP_011723
Tue January 10 2023 08:47 AM
1 Addendum_4_Heavy_Construction_Equipment_RFP_011723
Fri January 6 2023 09:51 AM
2 Addendum_3_Heavy_Construction_Equipment_RFP_011723
Thu December 29 2022 12:33 PM
2 Addendum_2_Heavy_Construction_Equipment_RFP_011723
Wed December 21 2022 01:49 PM
1 Addendum_1_Heavy_Construction_Equipment_RFP 011723
Thu December 15 2022 09:27 AM
1 Bid Number: RFP 011723 Vendor Name: Caterpillar Inc
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TM-20-01077
SOURCEWELL TRADEMARK LICENSE ADDENDUM
This Addendum is by and between SOURCEWELL, 202 – 12th Street NE, PO Box 219, Staples, Minnesota 56479 (“Sourcewell”) and Caterpillar Inc., having its principal place of business at 5212 N. O’Connor Blvd., Suite 1100, Irving, TX 75039, and offices at 100 NE Adams Street, Peoria, Illinois, 61629 (“Caterpillar” or “Vendor”). Sourcewell and Caterpillar may be referred to in this Agreement as a “Party” and collectively as the “Parties.”
The Parties maintain a contractual relationship for Vendor to provide equipment, products, or services to Sourcewell’s cooperative purchasing contracts as follows:
Sourcewell Contract 011723 – CAT (Solicitation Number: 011723) Sourcewell and Vendor each own all right, title, and interest in their respective names, trademarks, service marks, related logos, and all other rights in the names, designs, likenesses and visual representations thereof (“Licensed Trademarks”), and desire to grant each other a royalty-free license to use certain Licensed Trademarks owned by the other Party under the terms and conditions set forth herein.
ARTICLE I: GRANT OF LICENSE
A. GRANT OF LICENSE. During the term of the Contract:
1. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use Sourcewell’s Licensed Trademarks provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
2. Vendor grants to Sourcewell a royalty-free, worldwide (except for those jurisdictions that are prohibited by applicable Anti-Corruption and International Trade Laws), non-exclusive right and license to use Vendor’s Licensed Trademarks provided to Sourcewell by Vendor in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. “Anti-Corruption and International Trade Laws” means all statutes, regulations, rules, executive orders, supervisory requirements, directives, ordinances, circulars, opinions, interpretive letters, and official releases of or by any government, or any authority, department or agency thereof or selfregulatory organization related to bribery, fraud, corruption, or international trade.
3. The Parties agree that each is the owner of all rights, including without limitation common law rights and goodwill, in relation to their respective Licensed Trademarks, and that any goodwill derived from the use of Licensed Trademarks by the other Party shall inure to the owner of the respective Licensed Trademarks.
B. LIMITED RIGHT OF SUBLICENSE. The rights and licenses granted herein includes a limited right of each Party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Contract. Any sublicense granted will be subject to the terms and conditions of this Addendum. Each Party will be responsible for any breach of this Article by any of their respective sublicensees.
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TM-20-01077
C. USE; QUALITY CONTROL.
1. Neither Party may alter the other Party’s Licensed Trademarks from the form provided by the other Party and must comply with the other Party’s removal requests as to specific uses of its Licensed Trademarks.
2. Each Party agrees to use, and to cause its Permitted Sublicensees to use, the other Party’s Licensed Trademarks only in good faith and in a dignified manner consistent with such Party’s use of the Licensed Trademarks. Upon written notice to the breaching Party, the breaching Party or their Permitted Sublicensees have thirty (30) days of the date of the written notice to cure the breach or the license will be terminated.
3. Beyond what is permitted in this Addendum, neither Party will:
a. attempt to register, or register any trademark, service mark, symbol, logo, get-up or device which is confusingly similar to any of the other Party’s Licensed Trademarks in any jurisdiction;
b. represent that it has any rights of any nature in the Licensed Trademarks other than those enjoyed under the terms of this Agreement;
c. use the other Party’s trademarks, service marks or copyrights, translations thereof or marks similar thereto, as part of its corporate name, trade name or a d/b/a name, favicons, social media names/handles, email addresses, email extensions, or domain names without prior written approval from the other Party; or d. use the other Party’s trade names, trademarks, or service marks on any collateral business materials (e.g., business cards, letterhead, invoices, pens, notepads, fax cover sheets, etc.), unless otherwise approved in writing by the other Party.
ARTICLE II: TERM, TERMINATION, AND MISCELLANEOUS.
A. EFFECTIVE DATE. This Addendum is effective upon the date of the final signature below.
B. TERMINATION. Unless earlier terminated in accordance with this Article, this Addendum expires immediately upon the expiration or termination of the Contract.
1. Termination for Convenience. This Addendum may be terminated by either Party at any time upon ninety (90) days’ prior written notice to the other Party.
2. Termination for Breach. This Addendum may be terminated by either Party upon a breach of the terms of this Addendum by the other Party, upon written notice of breach to the breaching Party, and only if such breach is not cured within thirty (30) days of the date of the written notice.
3. Effect of Termination. Upon the termination of this Addendum for any reason, each Party will have thirty (30) days to, and require its Permitted Sublicensees to, remove all Licensed Trademarks from signage, websites, and the like bearing the other Party’s name or logo DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88
TM-20-01077
(excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
4. Miscellaneous. The terms and conditions of this Addendum shall have no effect on the terms and conditions of any other trademark licenses signed by the Parties.
All other terms of the Contract remain in full force and effect, unless otherwise terminated.
SOURCEWELL
By: _________________
Name:
Title:
Date:
Caterpillar Inc.
By: _________________
Name:
Title:
Date:
DocuSign Envelope ID: E74F7137-AC67-4B07-965B-33CD3E77A89B DocuSign Envelope ID: 9AA872AA-9802-4A6D-8065-BECD9EB74C88 5/24/2023 | 2:45 PM CDT
Director of Operations and Procurement/CPO
Jeremy Schwartz Patrick Kearns
5/24/2023 | 12:48 PM PDT
Vice President Sales & Marketing - North America
RESOLUTION 2025-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, AMENDING THE FY 2025-26 BUDGET
TO INCLUDE AN ADJUSTMENT OF $13,421.05 INTO VEHICLE
FUND 75.
WHEREAS, The new equipment will reduce maintenance expenses associated with aging machinery; and
WHEREAS, The new equipment will comply with current state emission standards, allowing for greater operational use and reducing regulatory limitations; and WHEREAS, The city staff will experience improved productivity and enhanced safety with the acquisition of new equipment; and
WHEREAS, The city will trade in the 1986 case 580 super k for an estimated value of $7,500 toward our purchase.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
The Fiscal Year 2025-26 General Fund Budget is hereby amended as follows:
• The Vehicle Fund has sufficient funds available for the acquisition of the Backhoe. A budget amendment of $142,384.37 is requested.
PASSED, APPROVED, and ADOPTED this 15
th day of December 2025.
_____________________________________
JEFF CERVANTES, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
Attachment 8C
City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: APPLICATION FOR COUNTY OF RIVERSIDE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR
CITY OF CALIMESA 2026-2027 COOPERATING CITY
ALLOCATION
MEETING DATE: December 2, 2025
PREPARED BY: Will Kolbow, City Manager
Mari Shakir, Director of Public Works
RECOMMENDATION: That the City Council approve the application requesting County of Riverside Community Development Block Grant Program (CDBG) Application for City of Calimesa 2026-2027 Cooperating City Allocation for the construction of Americans with Disabilities (ADA) Ramp Replacements at the Intersections of East Avenue L and Douglas Street and Bryant Street and Green Tree Circle.
BACKGROUND: The City received Notice of Funding Availability (NOFA) for the County of Riverside’s FY 2026-2027 Urban County CDBG program for Cooperating Cities dated September 29, 2025. This funding covers City projects as well as community service projects within the City for eligible organizations. Staff advertised applications from the City’s potential subrecipients including non-profit service organizations, special districts, or other entities by public posting and advertisement in the local newspaper. No applications were requested or received for the service portion of available funding.
The City Council has prioritized ADA construction projects by establishing a fund for such projects as recommended by CIRRA, and by the completion of the ADA Transition Plan and report in 2018 and update in 2023. The ADA improvements to City Facilities and streets have been prioritized and the Calimesa street curb ramp improvements are the next priority to be improved. The proposed improvements will bring the access into compliance and provide a safer path of travel from the street to the sidewalk at the intersections of East Avenue L and Douglas Street and Bryant Street and Green Tree Circle.
DISCUSSION: City staff has completed the application of CDBG funding for the ADA Ramp Improvement Project, which is included as Attachment A. The application requires approval by the Council prior to submitting it to Riverside County Department of Housing and Workforce Solutions.
The City is requesting a maximum of $26,600 in funding to assist in funding this construction. The Engineer’s Estimate is included in the Application for the construction for a total of $25,676.
Additional costs estimated for staff time for application, plans and bidding, $15,000, construction management and inspection is $7,000 for a total estimated cost of $47,676.
FISCAL IMPACT: Annually since 2012, the City’s General Fund has transferred $5,000 per year to the City’s ADA fund for the purpose of establishing a reserve for ADA compliance projects. Based upon the adopted fiscal year 2025-26 budget, the City’s ADA project fund balance as of June 30, 2026 is estimated to be $59,000. The total estimated cost of the project is $47,676. Staff is recommending the City Council approve the application for $26,600 from CDBG funds and appropriate $21,076 from the ADA Fund to complete the project. If the project is ultimately approved by the County, the project budget would be incorporated into the 2026-27 budget process.
ATTACHMENTS:
Attachment A: County of Riverside Community Development Block Grant Program Application for City of Calimesa 2026-2027 Cooperating City Allocation Attachment B: NOFA
Attachment 9A
39
According to the County of Riverside Economic Development reports the City of Calimesa in 2024
RESIDENTS WHO
10,000
11,076
21,076
6 21,076 21,076
$47,676
OTHER CITIES
City of Calimesa City Council 2025
Linda Molina Jeff Cervantez
Mayor Mayor Pro Tem
John Manly Eric Cundieff
Council Member Council Member
Edgar Garcia
Council Member
East Avenue L & Douglas Street
Bryant Street & Green Tree Circle
Item # Item Description Quantity Unit of Measure Unit Price Item Total 1 CONSTRUCT 6"CURB ONLY PER SPPWC STANDARD PLAN 120-2 TYPE A1-6 42 LF $250.00 $10,500.00 2 CONSTRUCT 4" PCC SIDEWALK 372 SF $18.00 $6,696.00
3 CONSTRUCT ADA RAMP 144 SF $45.00 $6,480.00
4 SAWCUT , REMOVE, AND DISPOSE OF EXISTING BROKEN CONCRETE (20 SF) AND CONCRETE 1 LS $2,000.00 $2,000.00 $25,676.00
$15,000.00
$7,000.00
TOTAL $47,676.00
CDBG FUNDING -$26,644.00
CITY PUBLIC WORKS AND ADA FUNDING $21,032.00
Plans, Specs, Estimate, Staff time, bidding, construction management Inspection
26-27 CDBG ADA RAMP REPLACEMENT
Owner: City of CALIMESA
Bid Schedule
CONSTRUCTION TOTAL
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
XXXXXXXXXXXXXX
X
X
X
X
X
X
X
XX
City of Calimesa 908 Park Avenue, Calimesa, California 92320 Telephone 909.795.9801 Facsimile 909.795.4399
www.cityofcalimesa.net “Preserving and enhancing the open space atmosphere and quality of life in Calimesa”
January 25,2024
Anna Varona-Doromal
Supervising Development Specialist, Community and Housing Development County of Riverside, Housing and Workforce Solutions
3403 10th St., Suite 300
Riverside, CA 92501
Re: Status of ADA Assessment and Transition Plan
Ms. Varona-Doromal,
In 2017 The City requested an assessment of all City owned properties (buildings, and parks), as well as an assessment of public right-of-way. The assessment was performed, and deficiencies were identified and compiled into a report Titled City of Calimesa ADA Assessment and Transition Plan. The findings at the time are still valid under today’s currently adopted codes. The City of Calimesa has made strides in remediating some of the deficiencies identified, an example of such actions are as follows:
1) The reconstruction of the parking lot and walkways adjacent to and serving the Senior Center and portions of City Hall.
2) The construction of roadway, sidewalks, and curb ramps along County Line Road, currently under construction.
In the planning/design or plan review stage currently are the following:
1) Demolition and reconstruction of the Calimesa Library and proposed street adjacent sidewalk.
2) 3rd phase of walkway and sidewalk serving the Senior Center, City Hall and the adjacent Fire station
The City’s desire is to remove all barriers identified in the report, and as such we will continue to make strides in removing barriers identified in the assessment and will continue to identify and update elements of the report as code requires.
Ron Grider, PE, CBO, CASp
Building and Safety Manager
City of Calimesa
Public Works Department
Fiscal Year 2025-26
Actuals Fiscal
Year 2022-23
Actuals Fiscal
Year 2023-24
Amended
Budget Fiscal
Year 2024-25
Projected
Actuals Fiscal
Year 2024-25
Adopted
Fiscal Year
2025-26
6010 Salaries $ 68,723 $ 97,216 $ 220,111 $ 220,111 $ 377,473 6400 Benefits $ 30,291 $ 33,660 $ 84,109 $ 84,109 $ 89,244 $ 99,014 $ 130,876 $ 304,220 $ 304,220 $ 466,717
7210 Professional Services 240,126 214,170 302,750 235,000 192,800 7230 Other Contract Services 3,900 4,050 15,100 11,000 16,800 7231 NPDES 19,907 46,201 55,800 35,000 55,800
7420 Communications 3,524 4,158 4,800 4,500 5,080
7430 Repairs & Maint. - Equipment 11,263 6,732 5,500 5,500 5,500 7431 Repairs & Maint. - Facilities 21,244 25,117 23,500 23,500 51,500 7432 Repairs & Maint. - Vehicles 19,122 14,996 9,000 9,000 9,000 7433 Repairs & Maint. - Streets 54,873 41,039 47,075 47,075 12,075 7445 Equipment Rental 67 2,626 2,000 2,000 2,000
7585 Travel/Training 463 4,042 5,000 5,000 5,000
7650 Dues/Subscriptions - - 3,050 3,050 6,850
7725 Minor Equipment 25,296 768 16,031 16,031 5,000
7735 Supplies - Special 6,432 5,884 8,650 8,650 8,650
7740 Fuel & Oil 175 - - - -
8100 Equipment/Machinery 19,323 - - -
425,715 369,783 498,256 405,306 376,055
Total Public Works 524,729 500,659 802,476 709,526 842,772 7100 Less: Cost Allocation 22,114 15,855 2,793 2,793 3,847 Net Public Works $ 502,615 $ 484,804 $ 799,683 $ 706,733 $ 838,925 Fund 01 -General Fund
Dept 5100
PERSONNEL COSTS
OPERATIONS & MAINTENANCE
City of Calimesa
908 Park Avenue, Calimesa, California 92320
Telephone 909.795.9801 Facsimile 909.795.4399
www.cityofcalimesa.net
“Preserving and enhancing the open space atmosphere and quality of life in Calimesa” October 21, 2024
PUBLIC NOTICE
RE: NOTICE OF FUNDS AVAILABLE 2026-2027 CDBG APPLICATION CYCLE The City of Calimesa is announcing the opening of applications for the Community Development Block Grant (CDBG) funding, based on the Notice of Available Funding (NOFA) for the County of Riverside’s 2026-2027 Urban County CDBG Program for Cooperating Cities dated September 29, 2025 from County of Riverside Housing and Workforce Solutions (HWS). A copy of the application is available at the Calimesa City Hall at 908 Park Avenue, Calimesa, CA 92320. Hard copy, paper applications are required; one original and one copy and are due at the City Hall on December 2, 2025.
Funding priorities will be low income senior and youth programs. Applications will be reviewed by staff and approved by City Council. Organization applicants are required to possess a non-profit 501(c)(3) status.
Please contact Mari Shakir, Interim Public Works Director, City of Calimesa at [email protected] for a copy of the application or call the City at (909)795-9801.
Attachment 9B
3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161 TO: Will Kolbow, City Manager
City of Calimesa
FROM: Juan Garcia, HWS Deputy Director
DATE: August 30, 2024
RE: Notice of Funding Availability (NOFA) for the County of Riverside’s 2025- 2026 Urban County Community Development Block Grant Program Attached please find a copy of the Notice of Funding Availability (NOFA) for the County of Riverside’s 2025-2026 Urban County CDBG program for Cooperating Cities. The County opened the 2025-2026 CDBG application cycle starting August 27, 2024. In addition, the County has also begun preparing the 2024-2029 Five-Year Consolidated Plan which will include the 2025-2026 Action Plan. 2025-2026 Action Plan/Funding Cycle
Applications will be accepted from cooperating cities for both internal (city-administered projects) as well as applications from the cities’ subrecipients including non-profit organizations, special districts, or other entities. All applications are due no later than December 2, 2024. Please see “What Cooperating Cities Must Submit to the County” at the end of this letter.
The County will only accept hard-copy, paper applications from the cooperating cities for the 2025-2026 cycle. A copy of the approved 2025-2026 CDBG Application has been attached to this NOFA. A fillable pdf version of the CDBG application is available upon request. An original and one copy of each proposal must be submitted to the County together with a resolution or minute order from your Council approving the projects and authorizing the submittal of the applications.
Your city’s 2025-2026 CDBG allocation is estimated to be $27,000; this allocation is based upon updated information from HUD and is subject to change.
Each cooperating city is responsible for planning, designing, and carrying out its own CDBG application process that best meets the needs of its city. The cities can decide to fund only internal cityadministered projects, external subrecipient projects, or a combination of the two. The city council will make the final funding decisions based on the city’s priority community development needs.
3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161 The County has established several minimum thresholds concerning the cooperating cities’ CDBG application process:
1. The process must be open and fair;
2. The city must publically notice (newspapers, city website, social media) the opening of the city’s 2025-2026 CDBG application cycle.
3. The notice should reference the County’s Notice of Funding Availability (NOFA) for the County of Riverside’s 2025-2026 Urban County CDBG program for Cooperating Cities;
4. The notice should be published in both English and Spanish if a significant portion of the city’s residents speak Spanish – if there is a significant number of residents that predominantly speak another language, the city should publish their notice in that language as well;
5. The notice must provide direction as to where applications can be obtained, when the applications are due, and other application submittal instructions;
6. The notice will identify any funding priorities established by the city (e.g., senior programs, street improvements, youth programs, etc.);
7. The city must allow at least 30 days for the application process;
8. The public notice must provide information on the application review and approval process (e.g., staff review/council approval; staff review/committee review/ council approval, etc.);
9. The public notice must identify a contact person for questions and assistance; and
10. The notice must contain the date, time, and location where the city council will make the final 2025-2026 CDBG funding determinations.
Your city can only submit proposals for activities that have been identified in the 2024-2029 Five Year Consolidated Plan as a priority activity for CDBG funding.
Please be sure to review the Timeliness and Drawdown section of the NOFA especially as it pertains to project readiness and completion.
What Cooperating Cities Must Submit to the County:
Please see the attached Required Submittals from Cooperating Cities for a listing of items and documentation that must be submitted by each cooperating city for the 2025-2026 CDBG cycle and the 2024-2029 Consolidated Plan.
For additional information regarding the 2025-2026 CDBG application cycle or the 2024-2029 Consolidated Plan, please contact the CDBG Program Manager assigned to your city or:
Susana Orozco CDBG Program Manager
3403 10th Street, Suite 300
Riverside, CA 92501
(951) 955-5933
[email protected]
We look forward to receiving your city’s applications for the 2025-2026 Cooperating Cities CDBG program, and we thank you for your city’s participation in the County’s CDBG program.
3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161 What Cooperating Cities Must Submit to the County
1. 2025-2026 CDBG applications as required in the attached Notice of Funding Availability (NOFA);
2. Summary of the City’s 2024-2029 Consolidated Plan community needs assessment and outreach efforts (public notices, social media, community meetings, surveys distributed/collected, etc.); and
3. The City’s five-year HUD-CPD funding priorities approved and adopted by the City Council (include staff report, minute order)
Examples: Senior and youth programs
Street and sidewalk improvements along Main Street
After School Programs
Housing Rehabilitation
Water, sewer, and fire hydrant improvements
Senior Center improvements
ADA upgrades
City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR GENERAL PLAN GEOGRAPHIC INFORMATION SYSTEMS “GIS” MAPPING AND
MANAGEMENT SERVICES BETWEEN THE CITY OF CALIMESA
AND ALBERT A. WEBB ASSOCIATES, INC (“WEBB” OR
“CONSULTANT”)
MEETING DATE: December 15, 2025
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council approve the Professional Services Agreement for General Plan GIS Mapping and Management Services between the City of Calimesa and Albert A Webb Associates and authorize the Mayor to execute the Agreement.
BACKGROUND/DISCUSSION: A primary function of the Planning Department is to maintain the City’s General Plan and all of its required sections. Each section or “element” of the General Plan contains a number of figures that display physical information in a map format. The base information contained in each map is housed within a Geographic Information System (“GIS”), which is a computer system that analyzes and displays geographically referenced information. The Planning Department is processing multiple developer driven General Plan Amendments and has identified the need to centralize GIS services with one City consultant (rather than depend on various developer consultants). Albert A Webb Associates has assisted the City with its last three General Plan Amendments and has performed its duties in a satisfactory manner.
SCOPE OF SERVICES
Calimesa General Plan Geographic Information Services (“GIS”) Mapping and Management to include:
• A template/style will be established for City of Calimesa to use on General Plan Amendment Land Use maps to maintain consistency
• Support and coordinate with City and Applicants on General Plan land use boundaries (GIS shapefiles provided by originator of boundary change provided to WEBB)
• Create shapefiles of City of General Plan Amendments and land use designations changes (including symbology and labels).
• Symbology will be discussed with City if new land use designations or planning areas are proposed and the legend will be updated in this case.
• WEBB will manage an archive of General Plan Amendment Land Use Plan maps and associated shapefiles to reflect changes over time. • As requested, WEBB will provide General Plan land use shapefiles to applicants/consultants.
• Other GIS services for City as needed.
FISCAL IMPACT: The contractual agreement allows for $150,000 per term, of which a significant portion will be reimbursed through Developer Deposit Agreements. The Fiscal Year 2025-26 Planning Department budget provides for sufficient funding for direct professional services.
ATTACHMENTS:
Attachment A: Professional Services Agreement between the City of Calimesa and Albert A.
Webb Associates
2812846v1.doc City of Calimesa Form
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated December 15, 2025 (“Effective Date”) and is between the City of Calimesa, a California municipal corporation (“City”) and Albert A. Webb Associates, a California corporation (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide General Plan Geographic Information Systems (“GIS”) Mapping and Management services.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”) for General Plan GIS Mapping and Management attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes to the scope or cost of work must be in writing and mutually agreed upon by the Parties.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Stephanie Standerfer, Vice President (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
Attachment 10A
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2812846v1.doc City of Calimesa Form
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement.
A. Initial Term. The term of this Agreement shall be from July 1, 2025 through June 30, 2026, unless sooner terminated as provided in Section 12 or extended.
B. Extensions. Thereafter, this Agreement shall automatically renew for a period of one additional year, from July 1, 2026 through June 30, 2027, unless notice of intent not to renew is made by either party, in writing, delivered to the other, 30 days prior to its expiration date. The City Manager, at his sole option, may extend the term of this Agreement for up to two additional terms of one year each, by providing written notice to Consultant not less than 30 days prior to the end of the applicable term. If timely elected by City, the second additional term shall be from July 1, 2027 through and including June 30, 2028, unless sooner terminated in accordance with the provisions of Section 12 of this Agreement. If timely elected by City, the third additional term shall be from July 1, 2028 through and including June 30, 2029, unless sooner terminated in accordance with the provisions of Section 12 of this Agreement. Any such one-year extension shall be conditioned upon the City Council’s prior approval of the additional required funding for such additional one-year term. Any Services performed during the automatic renewal period and any subsequent additional terms shall be compensated according to Section
3. 3. Compensation.
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Consultant Rate Sheet attached hereto as Exhibit B. In no event shall Consultant be paid more than $150,000 per term (the “Maximum Compensation”) for such Services.
B. Expenses. The amount set forth in paragraph 3.A. above includes reimbursement for all expenditures incurred in the performance of this Agreement.
C. Unauthorized Services and Unanticipated Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services
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Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. At the request of the Consultant, the City Council may, in writing, reimburse Consultant for an unanticipated expense at its actual cost. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or
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unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. A response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar
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to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. 3) Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
4) City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).
5) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any
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other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services
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under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from
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the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City.
Consultant shall maintain current endorsements on file with City’s Risk Manager.
Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 8 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access
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to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, judicial orders, enemy or hostile governmental action, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice
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and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Consultant:
Attn: City Manager Attn: Stephanie Standerfer
City of Calimesa Albert A. Webb Associates
908 Park Avenue 3788 McCray Street
Calimesa, California 92320 Riverside, CA 92506
Telephone: 909-795-9801 Telephone: (951)283-0380
Email: [email protected] Email :[email protected] With a courtesy copy to:
Steven Flower, City Attorney
908 Park Avenue
Calimesa, California 92320
Telephone: (213) 626-8484
Email: [email protected]
16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City
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to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Non-Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s services only to the conclusion of the
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last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. “Business days” means days Calimesa City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Calimesa.
30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred
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in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Calimesa,
a California municipal corporation
By:
Name: Will Kolbow
Title: City Manager
ATTEST:
By:
Name: Darlene Gerdes
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Steven Flower
Title: City Attorney
APPROVED AS TO CONTENT:
By:
Name: Kelly Lucia
Title: Planning Director
Consultant:
Albert A. Webb Associates
a California corporation
By:
Name: Stephanie Standefer
Title: Vice President
By:
Name: Brian Knoll
Title: Chief Operations Officer
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EXHIBIT A
SCOPE OF SERVICES
Calimesa General Plan Geographic Information Services (“GIS”) Mapping and Management to include:
A template/style will be established for City of Calimesa to use on General Plan Amendment Land Use maps to maintain consistency
Support and coordinate with City and Applicants on General Plan land use boundaries (GIS shapefiles provided by originator of boundary change provided to WEBB)
Create shapefiles of City of General Plan Amendments and land use designations changes (including symbology and labels).
Symbology will be discussed with City if new land use designations or planning areas are proposed and the legend will be updated in this case. WEBB will manage an archive of General Plan Amendment Land Use Plan maps and associated shapefiles to reflect changes over time. As requested, WEBB will provide General Plan land use shapefiles to applicants/consultants.
Other GIS services for City as needed.
B-1
EXHIBIT B
CONSULTANT RATE SHEET
Fee Schedule 2025
SCH 2025(06/01/2025)
CLASSIFICATION
Engineers/Project Managers/Planners/Scientists/ Rates
Assessment/Special Tax Consultants/Landscape Architects/Designers $/Hour Principal II.............................................................................................................................. 331.00 Principal I .............................................................................................................................. 316.00 Senior III ............................................................................................................................... 300.00 Senior II ................................................................................................................................ 286.00 Senior I ............................................................................................................................... 276.00 Associate III .......................................................................................................................... 257.00 Associate II ........................................................................................................................... 245.00 Associate I ............................................................................................................................ 232.00 Assistant V ........................................................................................................................... 210.00 Assistant IV .......................................................................................................................... 187.00 Assistant III ........................................................................................................................... 173.00 Assistant II ............................................................................................................................ 156.00 Assistant I ............................................................................................................................. 138.00 Survey Services
3-Person Survey Party…………….………………………………………………………………. 457.00 2-Person Survey Party .......................................................................................................... 356.00 1-Person Survey Party ......................................................................................................... 255.00 Inspection Services
Construction Manager II ....................................................................................................... 294.00 Construction .......................................................................................................................... 260.00 Construction Manager I ........................................................................................................ 210.00 Inspector (Non-Prevailing Wage) ......................................................................................... 154.00 Inspector Overtime (Non-Prevailing Wage) .......................................................................... 205.00 Inspector (Prevailing Wage) ................................................................................................. 166.00 Inspector Overtime (Prevailing Wage).................................................................................. 220.00 Administrative Services
Project Coordinator .............................................................................................................. 150.00 Administrative Assistant III ................................................................................................... 127.00 Administrative Assistant II .................................................................................................... 114.00 Administrative Assistant I ..................................................................................................... 91.00 Other Direct Expenses
Incidental Charges ............................................................................................................... Cost + 15% Postage ................................................................................................................................ Cost Subcontracted Services ....................................................................................................... Cost + 15% Survey/Inspection Per Diem.................................................................................................. Prevailing Wage Rate In-House Delivery Up to 1/2 hour.......................................................................................... 38.00 In-House Delivery 1/2 Hour up to 1 Hour.............................................................................. 73.00 In-House Delivery Over 1 Hour up to 2 Hours ...................................................................... 136.00 In-House Delivery Over 2 Hours ........................................................................................... 193.00 Survey/Inspection Vehicle .................................................................................................... 0.90/Mile Mileage ................................................................................................................................. 0.82/Mile
Fee Schedule 2025
SCH 2025(06/01/2025)
Note: All rates are subject to change based on annual inflation and cost of living adjustments. Prevailing wages are dictated by the California Department of Industrial Relations (DIR). As such, the indicated rate will remain in effect until revised rates are published by the DIR. The rate shown shall be subject to renegotiation to remain in compliance with State requirements if prevailing wages are increased by the DIR. * A FINANCE CHARGE of 1 ½ % per month (18% per year) will be added to any unpaid amount commencing thirty (30) days from invoice date. A mechanic’s lien may be filed for any invoice remaining unpaid after thirty (30) days from invoice date.
City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: APPROVAL OF A NON-BINDING MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITIES OF
BEAUMONT, BANNING, CALIMESA, AND THE MORONGO BAND
OF MISSION INDIANS TO COLLABORATE ON A LONG-TERM
REGIONAL ANIMAL CONTROL SOLUTION
MEETING DATE: December 15, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council authorize the City Manager to execute the NonBinding Memorandum of Understanding (“MOU”) with the Cities of Beaumont and Banning and the Morongo Band of Mission Indians to continue collaborative discussions toward the potential formation of a regional Joint Powers Authority (JPA) for animal control services.
BACKGROUND: Since incorporation, the City of Calimesa has relied on contract service providers for animal control and sheltering. For most of its history, Calimesa has contracted with the County of Riverside for both field services and sheltering. Calimesa’s current agreement with the County extends through June 30, 2028.
The cities of Beaumont and Banning each face capacity limitations with their own shelter facilities and have expressed both short-term and long-term needs for additional animal care resources. In response to these challenges, Beaumont and Banning formed a collaborative 2x2x2 Animal Control Services Ad Hoc Committee, later inviting Calimesa to participate along with Riverside County and the Morongo Band of Mission Indians.
On June 2, 2025, the Calimesa City Council received a staff report describing the formation and purpose of this regional committee and subsequently appointed Mayor Jeff Cervantez and Councilmember Eric Cundieff as Calimesa’s representatives.
The Ad Hoc Committee discussions have demonstrated a shared regional interest in exploring longterm solutions for:
• Localized animal control services
• Regional sheltering capacity
• A future spay/neuter clinic or community education center • More efficient and socially conscious service delivery models While the County has been a participant in Ad Hoc discussions, the group has not yet reached consensus on whether Riverside County should be a formal partner in a future JPA or whether it
would be more appropriate for any future JPA to contract with the County for specific services instead. This question will continue to be evaluated as the collaborative effort advances.
DISCUSSION: The attached Non-Binding Memorandum of Understanding formalizes the existing collaborative relationship between the participating jurisdictions and clearly outlines the purpose and scope of ongoing work. The MOU does not create a financial obligation nor commit any party to join or form a Joint Powers Authority (JPA). Its purpose is simply to establish an agreed-upon framework for continued evaluation of a long-term regional solution. The key provisions include:
• Purpose and Objectives
The MOU establishes that the parties will collaborate to explore the formation, structure, governance, and funding model of a potential animal control JPA. It also commits the parties to share data and participate in feasibility discussions.
• Non-Binding Nature
The MOU explicitly states that it does not obligate Calimesa, or any other party, to enter into a JPA or fund any service. Any future JPA formation would require separate approval by each governing body.
• One-Year Term and Withdrawal Rights
The MOU is effective for one year and allows any party to withdraw with 30 days’ written notice. • Representation and Coordination
Each party is required to designate a staff representative and alternate to participate in the working group. For Calimesa, the Council’s previous appointment of Mayor Cervantez and Councilmember Cundieff as elected representatives provides continuity with the Ad Hoc process and does not require modification. Staff representatives will consist of the City Manager as the primary representative and Finance Director as alternate. • Relationship to Existing Services
Calimesa’s current contract with the County remains fully in place through June 30, 2028.
Entering into the MOU does not alter the City’s existing service levels or financial obligations.
Rather, it positions Calimesa to be an active participant in shaping a long-term regional solution that may eventually replace, supplement, or improve upon existing arrangements.
Regional Value
A coordinated regional approach offers several long-term benefits:
• Economies of scale in field services and shelter operations • More humane and modernized care standards
• Opportunities for shared capital investments in shelter facilities that are closer for Calimesa residents
• Potential for improved service response times
• Regional stability and predictability in future costs Entering into the MOU creates no commitments but ensures Calimesa has a seat at the table during discussions that may significantly influence future service models and regional partnerships.
FISCAL IMPACT: There is no fiscal impact associated with approval of the MOU. The agreement is non-binding and does not obligate the City to any financial contributions or participation in a future JPA.
ATTACHMENTS:
Attachment A: Memorandum of Understanding – Regional Animal Control Services Collaboration
NON-BINDING MEMORANDUM OF UNDERSTANDING
Between the City of Beaumont, City of Banning, City of Calimesa, and Morongo Band of Mission Indians to Collaborate and Continue Discussions Toward the Formation of a Joint Powers Authority for Animal Control Services
1. Purpose
This Memorandum of Understanding (“MOU”) is entered into by and among the City of Beaumont, City of Banning, City of Calimesa, and Morongo Band of Mission Indians (collectively referred to as the “Parties”), each of the Cities being a public agency within the meaning of California Government Code Section 6500 et seq, and the Morongo Band of Mission Indians being a federally recognized Sovereign Nation.
The purpose of this MOU is to establish a framework for the Parties to continue collaborative discussions and evaluations regarding the potential formation of a Joint Powers Authority (“JPA”) to provide regional animal control services. This MOU reflects the Parties’ mutual commitment to explore a cooperative and socially conscious approach to animal welfare and public service delivery.
2. Term
This MOU shall become effective upon the date of the last signature and shall remain in effect for a period of one (1) year, unless terminated earlier pursuant to Section 5 below.
3. Objectives
The objectives of this MOU include, but are not limited to:
• Continuing dialogue and coordination among the Parties regarding the formation, structure, governance, and funding model of a potential Animal Control JPA. • Sharing relevant data, reports, and operational information to inform feasibility analyses. • Identifying service needs, resource capacities, and potential cost-sharing mechanisms. • Promoting a socially conscious governance model that prioritizes humane animal care, community education, and public safety.
4. No Binding Commitment
This MOU is non-binding and does not create any legal or financial obligations among the Parties. No Party shall be obligated to enter into a future JPA or any contract for services unless and until such an agreement is duly approved by each Party’s governing body.
Attachment 11A
5. Withdrawal and Termination
Any Party may withdraw from this MOU with thirty (30) days’ written notice to the other Parties. This MOU shall terminate automatically upon the expiration of its one-year term unless extended in writing by mutual consent of all Parties.
6. Designation of Representatives
Each Party shall designate one staff representative and one alternate to participate in working group meetings and discussions related to the potential JPA. These representatives shall serve as the primary points of contact and coordination among the Parties.
7. Severability
If any provision of this MOU is determined to be invalid or unenforceable, such determination shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
8. Amendments
This MOU may be amended or extended by mutual written consent of all Parties.
9. Execution
This MOU may be executed in counterparts, each of which shall be deemed original, and all of which together shall constitute one and the same instrument. Electronic signatures shall be deemed binding for purposes of this MOU.
APPROVED BY: APPROVED As To Form:
CITY OF BEAUMONT
By: ________________________________
Elizabeth Gibbs
City Manager
Date: ______________________________
________________________________
Steven W. DeLateur, Esq.
Manning & Kass LLP,
Representing the City of Beaumont
CITY OF BANNING
By: ________________________________
Art Vela, PE
Interim City Manager
________________________________
Counsel for City of Banning
Date: ______________________________
CITY OF CALIMESA
By: ________________________________
Will Kolbow
City Manager
Date: ______________________________
________________________________
Counsel for City of Calimesa
MORONGO BAND OF MISSION
INDIANS
By: ________________________________
Jason Carrizosa
Chief Executive Officer
Date: ______________________________
________________________________
Counsel for the Morongo Band of Mission
Indians
City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: CITY COUNCIL REGIONAL ORGANIZATION APPOINTMENTS MEETING DATE: December 15, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council review the Council Regional Organization Assignments list and that the Mayor determine and assign the 2026 representatives.
BACKGROUND: Annually the City Council reorganizes and selects the Mayor and Mayor Pro Tem as presiding officers of the City Council. This is followed by an annual review of current memberships on various regional organizations, and adjustments are made as appropriate.
Further, at the October 1, 2012 City Council Meeting, Resolution No. 2012-35 was adopted, which provides for a public official to participate in a decision to appoint him or herself to a compensated position. California Code of Regulation, Title 2 Section 18705.5 requires a Form 806 be adopted by the public agency and posted on its website.
With the adoption of Resolution No. 2012-35, Form 806, was adopted, which identifies all the current paid appointments. The adopted Form 806 is posted on the City’s website, and we are therefore in compliance with California Code of Regulation Title 2 Section 18705.5.
Form 806 will need to be updated from time to time to reflect current Council appointments.
Therefore, if any changes are made this evening to Council appointments, staff will update Form 806 and post the updated Form to the City’s website.
Attached for your convenience is the list of last year’s City Council appointments. The list of current appointments was last updated in December 2024. However, two Council ad-hoc committees were established in the Pass Area for Animal Control and Truck Routes during 2025. These committees consist of 2 Council Members from each of the three cities of Calimesa, Beaumont and Banning.
Appointments by the Mayor to the following are requested:
REGIONAL ORGANIZATIONS
RCA – Riverside Conservation Authority – one member and one alternate RCTC – Riverside County Transportation Committee – one member and one alternate RTA – Riverside Transit Agency – one member and one alternate Transportation Now (Riverside Transit Agency) should be the same member and alternate as RTA WRCOG Executive Committee – one member and one alternate TUMF Zone Committee(WRCOG) should be the same member and alternate as WRCOG
COUNCIL AD-HOC COMMITTEES (2 members each)
Yucaipa/Calimesa Joint Ad-hoc Committee
Budget/Finance Standing Committee
Fire Ad-hoc Committee
San Gorgonio Pass Regional Water Alliance
Parks and Recreation Ad-hoc Committee
Sheriff Services Ad-hoc Committee
Mesa Verde SP Ad-hoc Committee
Summerwind Ranch SP Ad-hoc Committee
Truck Routes Ad-hoc Committee (2x2x2 with Banning and Beaumont) Animal Control Ad-hoc Committee (2x2x2 with Banning and Beaumont) ATTACHMENT:
Attachment A: 2025 City Council Appointments Listing
Attachment B: Resolution No. 2012-35
City Council Committee Assignments &
Appointments to Regional Organizations
Pursuant to the December 16, 2024 City Council Review
WITH ESTABLISHMENT OF 2 AD-HOC COMMITTEES IN FEBRUARY & JUNE 2025
REGIONAL ORGANIZATION APPOINTMENTS
RCA – Riverside Conservation Authority – 1
st Monday each month 12:30 p.m.
Mayor Pro Tem Cervantez
Council Member Manly, Alternate
RCTC – Riverside County Transportation Committee – 2
nd Wednesday each month 9:00 a.m.
Mayor Molina
Council Member Cundieff, Alternate
RTA – Riverside Transit Agency – 4
th Thursday each month 2:00 p.m.
Mayor Molina
Council Member Cundieff, Alternate
Transportation Now (Riverside Transit Agency) – 1
st Thursday each month 12:00 noon
Mayor Molina
Council Member Cundieff, Alternate
TUMF Zone Committee – Once a year – time and place to be determined Mayor Pro Tem Cervantez
Council Member Manly, Alternate
WRCOG Executive Committee – 1
st Monday each month 2:00 p.m.
Mayor Pro Tem Cervantez
Council Member Manly, Alternate
COUNCIL AD-HOC COMMITTEES:
Yucaipa/Calimesa Joint Ad-hoc Committee: Budget/Finance Standing Committee:
Mayor Molina and Mayor Pro Tem Cervantez Mayor Molina and Mayor Pro Tem Cervantez Fire Ad-hoc Committee: San Gorgonio Pass Regional Water Alliance:
Mayor Molina and Mayor Pro Tem Cervantez Council Member Manly Council Member Cundieff (Alternate)
Parks and Recreation Ad-hoc Committee: Mesa Verde SP Ad-hoc Committee:
Council Member Manly and Mayor Pro Tem Cervantez Mayor Molina and Mayor Pro Tem Cervantez Sheriff Services Ad-hoc Committee: Summerwind SP Ad-hoc Committee:
Council Member Manly and Council Member Cundieff Council Member Manly and Council Member Cundieff Pass Area Animal Control Ad-hoc Committee: Pass Area Truck Routes Ad-hoc Committee:
MPT Cervantez and Council Member Cundieff Mayor Molina and Council Member Garcia
THE APPOINTMENTS MADE BY THE MAYOR FOR ALL REGIONAL ORGANIZATIONS AND COMMITTEES WERE APPROVED BY THE FOLLOWING MOTION 12/16/2024: MOTION BY COUNCIL MEMBER CUNDIEFF, SECONDED BY COUNCIL MEMBER MANLY, CARRIED 5-0 TO APPROVE THE APPOINTMENTS AS MADE BY MAYOR MOLINA AT THE DECEMBER 16, 2024 CITY COUNCIL MEETING.
THERE WAS COUNCIL CONSENSUS TO ESTABLISH A PASS AREA TRUCK ROUTES AD-HOC COMMITTEE AND APPOINT MAYOR MOLINA AND COUNCIL MEMBER GARCIA TO SERVE AS ITS MEMBERS. MOTION BY MAYOR MOLINA, SECONDED BY COUNCIL MEMBER MANLY, CARRIED 5-0 ON JUNE 2, 2025 TO APPROVE THE ESTABLISHMENT OF A PASS AREA ANIMAL CONTROL AD-HOC COMMITTEE AND APPOINT MAYOR PRO TEM CERVANTEZ AND COUNCIL MEMBER CUNDIEFF AS ITS MEMBERS.
Attachment 12A
Attachment 12B