ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Historic Colton
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ITEM NO. 12
STAFF REPORT
DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: APPROVE A LETTER OF INTENT INDICATING INTEREST IN
PARTICIPATION IN THE SAN BERNARDINO COUNCIL OF
GOVERNMENTS (SBCOG) HOUSING TRUST PROGRAM.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve a Letter of Intent, Indicating Interest in Participation in the San Bernardino Council of Governments (SBCOG) Housing Trust Program.
BACKGROUND
The San Bernardino Council of Governments (SBCOG) is in the planning stages to establish a Regional Housing Trust (RHT). The RHT would leverage the collective efforts of potentially all County jurisdictio ns to bring funding and interest to establish more affordable housing in the County. RHT funding could be made available to potential developers, with support by participating local jurisdictions, for construction of affordable housing projects to address the current shortage of such projects.
ISSUES/ANALYSIS
The County is leading this effort, in an effort to regionalize the effort to bring more affordable housing units to San Bernardino County. By pooling the resources of multiple County jurisdictions, it is hoped that this will bring more/significant funding to the County, for use to incentivize and facilitate the development of affordable housing projects.
It should be noted that this action does not commit the City to participation in the program. This action simply indicates Colton’s interest, along with other interested County jurisdictions, which 12 Packet Pg. 283
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Letter of Intent - SBCOG Housing Trust
December 20, 2022
will be used by County staff for further planning related to the program. If/when the program becomes active, formal City Council approval will be necessary for Colton’s participation.
FISCAL IMPACTS
There would be an annual cost for all participating jurisdictions, based on the size of the jurisdiction. The preliminary estimate of Colton’s annual cost is $ 20,000. This fee directly supports the funding of SBCOG staff to administer the RHT.
ALTERNATIVES
1. City Council may elect not to participate in this program.
2. City Council may provide alternative direction to staff.
ATTACHMENT
1. Colton Letter of Intent SBRHT
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MAYOR
Frank J. Navarro
COUNCIL MEMBERS
David J. Toro
District 1
Kelly J. Chastain
District 2
Dr. Luis S. González
District 3
John R. Echevarria
District 4
CITY MANAGER
William R. Smith
CIVIC CENTER
650 N. LA CADENA DRIVE
COLTON, CA 92324
PH: (909) 370-5099
FX: (909) 370-5192
WEB: www.coltonca.gov
LETTER OF INTENT
21 December 2022
Executive Director
San Bernardino Council of Governments (SBCOG)
1170 W. Third Street, 2nd Floor
San Bernardino, California 92410
RE: INTEREST IN PARTICIPATING IN SAN BERNARDINO REGIONAL HOUSING TRUST
SBCOG,
The City of Colton is interested in participating in the San Bernardino Regional Housing Trust (SBRHT), to be established by the San Bernardino Council of Governments (SBCOG). Through the SBHRT, the City of Colton intends to further the SBHRT’s goal to attract significant funding and affordable housing development interest into the San Bernardino region.
The City of Colton anticipates that SBCTA/SBCOG will administer SBRHT, and that each participating Party shall make annual contributions toward the budgeted administrative costs of SBRHT. In return, SBRHT will provide services and support to the region and its Parties to carry out the purpose of SBRHT.
This letter of interest is not a commitment, and we are providing this letter only to further the planning for the establishment of the SBRHT. Final commitment to join the SBHRT will be subject to City Council approval, funding availability, and other factors.
Should you have any questions regarding Colton’s interest, please contact City Manager, Bill Smith, at [email protected], or at (909) 370-5051.
Sincerely,
_________________________________
Frank J. Navarro
Mayor
City of Colton
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ITEM NO. 13
STAFF REPORT
DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE PURCHASE OF DELL SERVERS AND RELATED
EQUIPMENT FOR POLICE DEPARTMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the piggyback award and purchase of computer servers and related equipment from the NASPO approved contract for $71,920.67.
BACKGROUND
Prior to the dep arture of the Police Department ’s last I.T. Coordinator in February 2021, he advised that the servers would need to be replaced/upgraded by the end of 2021 or early 2022.
Due to several factors, including lack of I.T. staff and support, the project was placed on hold. At the November 1, 2021 City Council meeting , a Professional Services Agreement with Markley Technologies for I.T. support was approved. Markley Technologies staff conducted an evaluation of the current computer network and related components and found that the majority of the police department servers were at or near storage capacity.
Staff also found that current computer network for the Criminal Justice Information System (CJIS) compliance and discovered it needs to be replaced to ensure best practices in security and to maintain vendor support for components and software.
ISSUES/ANALYSIS
The Colton Police Department’s current server infrastructure needs to be replaced. The typical lifespan of the average server should be about three t o five years, depending on the use . Due to 13 Packet Pg. 286
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Purchase - PD Server Replacement
December 20, 2022
the lack of storage, age, and support the current servers are unreliable, causing critical systems to be regularly down for maintenance or failure.
It is Staff’s understanding that all current major server compo nents throughout the City are Dell products. In order to stay consistent with other City departments, most notably City I.T., staff elected to continue using Dell server and related computer network components.
Section 3.08.140(C) of the City’s Purchasing Ordinance allows the City to dispense with competitive bidding and enter into agreements for the purchase of supplies, services, and equipment when it is determined “that a competitive bid procedure has been conducted by another public agency and the pric e to the City is equal to or better than the price to that public agency.” This allows the City to take advantage of economies of scale in piggybacking on a larger agency’s bid and saves the time and expense of a formal bid process.
The City’s Municipal Ordinance allows the City Manager to enter into agreements with other agencies for the purchase of supplies, services, and equipment. In such instances, the procedures of that agency shall satisfy all City requirements for the bid and award of those purchases.
Staff explored several options and searched for products/services that would both meet the needs of the City and found that Dell Marketing (computers) L.P. completed the bid process and was awarded a bid through WSCA -NASPO ValuePoint Cooperative Pur chasing Organization, Minnesota Master Agreement No. MNWNC -108, with California Participating Addendum No. 7-15-70-34-003. Amendment No. 4 to NASPO Agreement No. MNWNC -108 extended the contract with Dell Marketing L.P. through February 28, 2023, at the sam e prices, terms, and conditions as the master agreement. Sidepath is an authorized reseller (#98AHB) for Dell products through the NASPO Contract and California Addendum.
FISCAL IMPACT
The budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 was approved and adopted. Sufficient appropriations are available in the adopted FY2022-23 budget in General Fund Police Administration Miscellaneous Equipment Account #100-6070-6071-4930-0000-000 for the $71,920.67 capital outlay expense.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. QUOTE-SIDQ41131-02-Colton-SIDPROJECT38258-R450 - ME5012 11162022-TAX
2. 1425486831_2015-2020 MNWN_PC_Agreements_Dell Contract
3. California-participating-addendum
4. Dell Contract-Amendment-4
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Quotation
Date:11/30/2222892 Mill Creek DriveLaguna Hills, CA 92653 Quotation #:SIDQ41131-02Phone (949)748-8700; Fax (949)748-8706www.sidepath.com Valid Until:12/30/22Prepared By:Dave RebojaProject ID:SIDPROJECT38258 Ship To:Bill To:City of Colton City of Colton PDChad Markley Attn:Chad MarkleyAttn:650 N La Cadena DrColton, CA 92324-2853 650 N La Cadena DrColton, CA 92324-2853Phone:(909) 370-5099 Phone:(909) 370-5099Email:[email protected] Email:[email protected] Qty Item Code Description Unit Price Ext. PriceNASPO CONTRACTDELL-NASPO NASPO# MNWNC-108 | State Addendum #7-15-70-34-003 |Authorized Reseller Code 98AHBDell R450 Server - Dual Intel Xeon Silver 4310 Procs, 256GB MEM, 2 x 480GB SSD 3000136911296.1 3 $8,679.16 $26,037.48210-AZDS PowerEdge R450 Server379-BDSZ 3.5 Chassis379-BDSS SAS/SATA Backplane461-AAIG Trusted Platform Module 2.0 V3321-BGSE 4x3.5" (SAS/SATA) 2 CPU338-CBWJ Intel Xeon Silver 4310 2.1G, 12C/24T, 10.4GT/s, 18M Cache,Turbo, HT (120W) DDR4-2666338-CBWJ Intel Xeon Silver 4310 2.1G, 12C/24T, 10.4GT/s, 18M Cache,Turbo, HT (120W) DDR4-2666379-BDCO Additional Processor Selected412-ABBC Heatsink for CPU less or equal 165W412-ABBC Heatsink for CPU less or equal 165W370-AAIP Performance Optimized370-AEVR 3200MT/s RDIMMs780-BCDN RAID 1405-AAUZ PERC H745 Controller, Front750-ACFR Front PERC Mechanical Parts, front load384-BBBL Performance BIOS Settings384-BCTN Standard Fan x7450-AIQX Dual, Hot-plug, PSU (1+1), 800, Mixed Mode, NAF450-AAGG No Power Cord330-BBVG Riser Config 1, 2x16LP329-BGHZ PowerEdge R450 Motherboard with Broadcom 5720 Dual Port1Gb On-Board LOM If you have any questions regarding this quotation, please contact:Dave Reboja | (714) 904-9752 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 1 of 4Sidepath -R450 - ME5012
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Attachment: QUOTE-SIDQ41131-02-Colton-SIDPROJECT38258-R450 - ME5012 11162022-TAX (3880 : Purchase - PD Server Replacement) Qty Item Code Description Unit Price Ext. Price385-BBRB iDRAC9, Basic 15G540-BCNW Intel X710 Dual Port 10GbE SFP+, OCP NIC 3.0350-BBBW No Bezel350-BCFK Dell EMC Luggage Tag (4x3.5 Chassis)350-BCEM No Quick Sync379-BCSF iDRAC,Factory Generated Password379-BCQY iDRAC Group Manager, Disabled611-BBBF No Operating System605-BBFN No Media Required770-BBHJ No Rack Rails or Cable Management Arm429-AAIQ No Internal Optical Drive631-AACK No Systems Documentation, No OpenManage DVD Kit340-CVKF PowerEdge R450 Shipping343-BBRP PowerEdge R450 x4, x10 Long Drive Shipping Material389-DYHB PowerEdge Non BIS Marking389-DYLZ PowerEdge 1U CCC Marking, No CE Marking859-3804 Dell Hardware Limited Warranty Plus Onsite Service859-3807 ProSupport Mission Critical 4-Hour 7x24 Onsite Service withEmergency Dispatch 3 Years859-3811 ProSupport Mission Critical 4-Hour 7x24 Onsite Service withEmergency Dispatch 2 Years Extended859-3826 ProSupport Mission Critical 7x24 Technical Support andAssistance 5 Years975-3462 Dell Limited Hardware Warranty Plus Service, Extended Year(s)989-3439 Thank you choosing Dell ProSupport. For tech support, visit//www.dell.com/support or call 1-800- 945-3355900-9997 On-Site Installation Declined370-AEVQ (16) 16GB RDIMM, 3200MT/s, Dual Rank345-BDPT (2) 480GB SSD SATA Mixed Use 6Gbps 512e 2.5in with 3.5in HYBCARR, Hot-plug,S4620 $26,037.48 SubTotalME5012 STORAGE ARRAY - 12 X 960GB SSD 3000136214566.1 1 $23,951.67 $23,951.67210-BBII Dell ME5012 Storage Array403-BCPD 12Gb SAS 8 Port Dual Controller770-BECR Rack Rails 2U325-BDDO ME Series 2U Bezel450-ALXL Power Supply, 580W, Redundant, WW340-DCFR Dell ME5012 Shipping389-EERU Dell PowerVault ME Series 2U-12, CE Marking871-9053 Dell Hardware Limited Warranty If you have any questions regarding this quotation, please contact:Dave Reboja | (714) 904-9752 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 2 of 4Sidepath -R450 - ME5012
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Attachment: QUOTE-SIDQ41131-02-Colton-SIDPROJECT38258-R450 - ME5012 11162022-TAX (3880 : Purchase - PD Server Replacement) Qty Item Code Description Unit Price Ext. Price871-9059 ProSupport Mission Critical 4-Hour 7X24 Onsite Service withEmergency Dispatch 3 Years871-9060 ProSupport Mission Critical 7X24 Technical Support andAssistance 3 Years989-3439 Thank you choosing Dell ProSupport. For tech support, visit//www.dell.com/support or call 1-800- 945-3355812-4019 ProDeploy Plus No Charge Training 800871-8807 CoDeliver - ProDeploy Plus Dell EMC Storage ME 5xxx 2U400-AXPY (12) 960GB SSD SAS ISE Read Intensive 12Gbps 512 2.5inHot-plug AG Drive,3.5in HYB CARR450-AAME Powercord,125 Volt,15Amp,10 Foot, C13 to NEMA 5-15450-AAME Powercord,125 Volt,15Amp,10 Foot, C13 to NEMA 5-15 $23,951.67 SubTotalEMC ME412 EXPANSION ENCLOSURE - 12 X 8TB 7.2K HDD 3000136214566.1 1 $10,885.94 $10,885.94210-AQIG Dell EMC ME412 Storage Expansion Enclosure770-BECR Rack Rails 2U325-BDDO ME Series 2U Bezel450-ALXL Power Supply, 580W, Redundant, WW340-DCGC Dell EMC ME412 Shipping389-EERU Dell PowerVault ME Series 2U-12, CE Marking821-8756 Dell Hardware Limited Warranty821-8792 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service withEmergency Dispatch, 3 Years821-8797 ProSupport Mission Critical: 7x24 HW/SW Technical Support andAssistance, 3 Years989-3439 Thank you choosing Dell ProSupport. For tech support, visit//www.dell.com/support or call 1-800- 945-3355812-4019 ProDeploy Plus No Charge Training 800870-5226 CoDeliver - ProDeploy Plus Dell EMC Storage ME 4xx 2U400-BBDS (12) 8TB HDD 7.2K 512e NL-SAS12 3.5470-ABNN (2) 12Gb HD-Mini to HD-Mini SAS Cable, 2M470-ABNN (2) 12Gb HD-Mini to HD-Mini SAS Cable, 2M450-AAME Powercord,125 Volt,15Amp,10 Foot, C13 to NEMA 5-15450-AAME Powercord,125 Volt,15Amp,10 Foot, C13 to NEMA 5-15 $10,885.94 SubTotalEMC ME412 EXPANSION ENCLOSURE - 2 X 8TB 7.2K HDD 3000136214566.1 1 $5,872.63 $5,872.63210-AQIG Dell EMC ME412 Storage Expansion Enclosure770-BECR Rack Rails 2U325-BDDO ME Series 2U Bezel450-ALXL Power Supply, 580W, Redundant, WW340-DCGC Dell EMC ME412 Shipping If you have any questions regarding this quotation, please contact:Dave Reboja | (714) 904-9752 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 3 of 4Sidepath -R450 - ME5012
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Attachment: QUOTE-SIDQ41131-02-Colton-SIDPROJECT38258-R450 - ME5012 11162022-TAX (3880 : Purchase - PD Server Replacement) Qty Item Code Description Unit Price Ext. Price389-EERU Dell PowerVault ME Series 2U-12, CE Marking821-8756 Dell Hardware Limited Warranty821-8792 ProSupport Mission Critical: 4-Hour 7x24 On-Site Service withEmergency Dispatch, 3 Years821-8797 ProSupport Mission Critical: 7x24 HW/SW Technical Support andAssistance, 3 Years989-3439 Thank you choosing Dell ProSupport. For tech support, visit//www.dell.com/support or call 1-800- 945-3355812-4019 ProDeploy Plus No Charge Training 800870-5226 CoDeliver - ProDeploy Plus Dell EMC Storage ME 4xx 2U400-ABSK (10) Hard Drive Blank Filler 3.5400-BBDS (2) 8TB HDD 7.2K 512e NL-SAS12 3.5470-ABNN (2) 12Gb HD-Mini to HD-Mini SAS Cable, 2M470-ABNN (2) 12Gb HD-Mini to HD-Mini SAS Cable, 2M450-AAME Powercord,125 Volt,15Amp,10 Foot, C13 to NEMA 5-15450-AAME Powercord,125 Volt,15Amp,10 Foot, C13 to NEMA 5-15 $5,872.63 SubTotalPayment Terms from Ship Date: Net 30Pricing does not include Sales Tax or Shipping/Handling unless specifically stated in quote. Product Total $66,747.72CA Shipments: CA Electronic Waste Recycling (eWaste) Fee will apply to monitors, laptops or tablets. Taxes $5,172.95Grand Total $71,920.67Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by Sidepath's Purchasing Terms and Conditions,which are located at: www.sidepath.com/terms. The Purchasing Terms and Conditions are incorporated herein by reference and available in hard copy upon your request.Note: Sidepath will collect sales tax for orders shipped to these four states: Arizona, California, Massachusetts and Washington. For orders shipped outside of these four states,it will be the customer's responsibility to report the tax as Sales & Use Tax.Please contact me if I can be of further assistance.
THANK YOU FOR YOUR BUSINESS!
If you have any questions regarding this quotation, please contact:Dave Reboja | (714) 904-9752 | [email protected] document is proprietary and confidential and is intended solely for the recipient. No part of this document may be disclosed in any manner to a third party who is not affiliated with the recipient. Page 4 of 4Sidepath -R450 - ME5012
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STATE OF MINNESOTA
Office of State Procurement
112 Administration Building
50 Sherburne Avenue
St. Paul, MN 55155
Voice: 651.296.2600
Fax: 651.297.3996
Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 May 12, 2022
Renee Brand
Dell Marketing L.P.
One Dell Way
Mailstop RR1-33 Legal
Round Rock, TX 78682
Dear Ms. Brand:
Amendment No. 4 to NASPO Master Agreement No. MNWNC-108 is enclosed for you to complete and return.
Using the DocuSign process, please have the attached document(s) signed and routed for the State’s execution by May 20, 2022.
If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company.
If you have any questions, please feel free to contact me.
Sincerely,
Andy Doran
IT Acquisitions Supervisor
Enclosure(s)
cc: Cyndi Radel
Greg Garritty
Mike Hendrix
DocuSign Envelope ID: 3299F8E0-2A57-4746-A209-8989619C2878
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Attachment: Dell Contract-Amendment-4 (3880 : Purchase - PD Server Replacement) Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 4 to NASPO Master Agreement MNWNC-108
AMENDMENT NO. 4 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration (“State”), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 (“Contractor” or “Contract Vendor”).
WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 15, 2015, through July 31, 2022 (“Contract”), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn.
Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract.
NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows:
1. That NASPO Master Agreement No. MNWNC-108 is extended through February 28, 2023, at the same prices, terms, and conditions.
This Amendment is effective beginning August 1, 2022, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first.
Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby.
1. Dell Marketing L.P.
The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as
required by applicable articles, bylaws, resolutions, or ordinances.
By:
Signature
Printed Name
Title:
Date:
By:
Signature
Printed Name
Title:
Date:
2. Office of State Procurement
In accordance with Minn. Stat. § 16C.03, subd. 3.
By:
Title: Acquisition Management Specialist
Date:
3. Commissioner of Administration
Or delegated representative.
By:
Date:
DocuSign Envelope ID: 3299F8E0-2A57-4746-A209-8989619C2878 5/26/2022
Contract Administrator
Alyssa Sayles
5/26/2022
5/26/2022
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Attachment: Dell Contract-Amendment-4 (3880 : Purchase - PD Server Replacement)
ITEM NO. 14
STAFF REPORT
DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO PURCHASE A
BACKHOE FOR THE PUBLIC WORKS DIVISION OF THE PUBLIC
WORKS & UTILITIES DEPARTMENT, RESOLUTION NO. R-129-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the purchase of one backhoe loader (John Deere mo del 320 P -tier) in the amount of $132,847.18, from RDO Equipment Company through the Sourcewell cooperative purchasing program.
2. Approve and adopt Resolution R-129-22, amending the Fiscal Year (FY) 2022-23 budget to increase appropriations in Storm Water Fund Capital Outlay Miscellaneous Equipment Account by $37,347.18.
BACKGROUND
The City of Colton Public Works Department has one backhoe (2001 New Holland LB75B). The department utilizes the backhoe for all Public Works related services, which include ro adway restorations, roadway excavations, alley clean -ups, easement clean -ups, homeless encampment clean-ups, and large -item weed abatement removals. The backhoe is also used to remove sizeable broken tree limbs and occasionally to assist the Fire Department. As a result of constant use and age, the backhoe has many significant mechanical issues and is unreliable. On many occasions, the backhoe has turned off unexpectedly during jobs and has stopped in the middle of intersections.
ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Purchase – RDO Equipment Company
December 20, 2022
Section 3.08.140(C) of the City's Purchasing Ordinance dispense with competitive bidding when it is determined “that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better than the price to that pu blic agency.” As a local government unit, Sourcewell created a cooperative purchasing contract designed to make the governmental procurement procedure more effective by creating competitively bid/priced contracts for goods and services; and providing the customer service necessary to help its members achieve their procurement goals. Sourcewell performs all competitive bidding and procurement procedures in accordance with state statutes.
Only government agencies, public and private schools/colleges, trib al governments, and nonprofit organizations can register as a participating agency; the City of Colton is currently an active member of the Sourcewell cooperative purchasing contract program (registration account number 71800). RDO Equipment Company is an approved qualified Sourcewell contract vendor (#032515-JDCIS).
The City of Colton will purchase one backhoe loader (John Deere model 320 P -tier) from RDO Equipment Company through the Sourcewell cooperative purchasing program. Through Sourcewell, the City will purchase the backhoe at a discounted rate (46% less than retail price).
FISCAL IMPACTS
The FY2022-2023 adopted budget included an appropriation of $95,500 in the State and Local Fiscal Recovery Fund Miscellaneous Equipment Account Number 219 -2339-1000-4930-0000- 000 to purchase a new backhoe.
An additional appropriation is necessary for the balance of the cost of the backhoe. Approval of Resolution R-129-22 will amend the FY 2022-2023 budget to increase appropriations in Storm Water Fund Miscellaneous Equipment Account 722-6150-8215-4930-0000-000 by $37,347.18.
Sufficient reserve balance is available in the Storm Water Fund to appropriate the balance necessary for the purchase.
ALTERNATIVES
1. Provide alternative direction to staff
ATTACHMENT
1. Resolution R-129-22
2. Backhoe Proposal - RDO Equipment Company
3. Sourcewell Contract 032119-JDC
4. Acceptance and Award-John Deere 032119
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RESOLUTION NO. R-129-22
A RESOLUTION OF THE CITY COUNCIL, AMENDING THE FISCAL YEAR 2022/2023 BUDGET FOR THE STORM WATER CAPITAL OUTLAY
EXPENDITURES BY $37,347.18.
WHEREAS, the budget for fiscal year 2022 -2023 has been approved by City Council, and m ust now be amended to increase the appropriation s in the Storm Water Fund capital outlay miscellaneous equipment account for the purchase of a backhoe (John Deere model 320 P-tier); and,
WHEREAS, t he funding will be utilized to support the City’s goal to improve the City’s infrastructure and safety operations by providing adequate roadway restoration services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council he reby amends the fiscal year 202 2-2023 budget to appropriate $37,347.18 from the reserve balance to Storm Water Fund Capital Outlay Miscellaneous Equipment Account Number 722-6150-8215-4930-0000-000.
PASSED, ADOPTED AND APPROVED THIS 20th DAY OF DECEMBER, 2022.
________________________________
Frank J. Navarro, Mayor
ATTEST:
_____________________________
Carolina R. Padilla, City Clerk
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Attachment: Resolution R-129-22 (3885 : Purchase – RDO Equipment Company)
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Attachment: Backhoe Proposal - RDO Equipment Company (3885 : Purchase – RDO Equipment Company)
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Attachment: Backhoe Proposal - RDO Equipment Company (3885 : Purchase – RDO Equipment Company)
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
AMENDMENT TO
Sourcewell Contract #032119-JDC
This AMENDMENT (“Amendment”) to Sourcewell Contract # 032119-JDC (“Agreement”) is effective on the date hereof, by and between Sourcewell® and John Deere Construction Retail Sales (“Vendor”)
WHEREAS, Vendor was awarded a Sourcewell Contract for Heavy Construction Equipment with Related Accessories, Attachments and Supplies effective May 13, 2019 until May 13, 2023 relating to the provision of products and services to Sourcewell and its members;
WHEREAS, John Deere Construction Retail Sales and Wirtgen America, Inc. have historically held separate Sourcewell contracts, it was errantly assumed separate submittals was the most appropriate response for RFP 032119. It has been since determined that the most effective way to serve Sourcewell members is to provide both John Deere and Wirtgen America offerings in tandem through contract award, 032119-JDC. John Deere Construction Retail Sales will remain the contract holder and Wirtgen America, Inc.’s products, ordering process, and sales/administration contacts will be included in John Deere’s portfolio for direct purchase and processing through the Wirtgen America, Inc. dealer channel. To summarize; John Deere offerings will only be sold through John Deere Construction Retail Sales and its authorized dealer channel, Wirtgen America, Inc. offerings will only be sold through Wirtgen America, Inc. and its authorized dealer channel. Those wishing to engage either product line must do so through the appropriate dealer channel;
WHEREAS, Vendor and Sourcewell desire to add Wirtgen America, Inc.’s product line (Wirtgen, Hamm and Vogele brands) under the Agreement (all sold by Wirtgen America, Inc. dealers);
WHEREAS, Vendor and Sourcewell acknowledge that Wirtgen America, Inc. shall be supporting sales of Wirtgen America offerings to Sourcewell members within the U.S. and Canada as well as responsible for related sales reporting and administrative fee paying;
WHEREAS, Vendor and Sourcewell acknowledge that Wirtgen America, Inc. failure to perform to contract terms and conditions may result in termination of contract;
WHEREAS, all parties agree that certain terms within the Agreement shall be updated and amended; and only to the extent as hereunder provided.
NOW, THEREFORE, in consideration of the mutual covenants and agreements described in this Amendment, the parties hereby agree as follows:
1. Form P Question 4 response is amended as follows:
After the first paragraph, insert:
“Wirtgen America, Inc. does not accept the P-card procurement and payment process.”
DocuSign Envelope ID: FCE16DED-FE51-4A90-B857-7E46D1B0844E
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
2. Form P Question 5 response is amended as follows:
After the first paragraph, insert:
“Wirtgen America, Inc. also offers 12 months of standard warranty but with a 1,000-hour limit.”
3. Form P Question 7 response is amended as follows:
After the first paragraph, insert:
“Wirtgen America, Inc.’s product line (Wirtgen, Hamm and Vogele) is being offered to provide 130+ equipment variations in the following categories: Milling, Recycling, Stabilizing, Paving, Spreading, Compacting and Rollers. Further, local dealers will be allowed to provide customer requested goods and services to complete the desired machine functionality.
John Deere Construction Retail Sales will also be offering Program Eligible machines to Sourcewell members in both the U.S. and Canada. “Program Eligible” opens the contract’s machine eligibility to include Demonstration machines, Training Center machines and Marketing machines as defined below.
Program Eligible Criteria:
Never retailed,
Less than three years old for compact and mid-size machines, Less than four years old for Production Class Equipment (Articulated Dump Trucks, 950 and larger size Dozers, 470 and larger size Excavators, 744 and larger size 4WD Loaders).
Program Eligible Pricing Model:
Original List - Contract Discount = Standard Contract Selling Price Standard Contract Selling Price - Depreciation = Program Eligible Selling Price.
Depreciation varies based on age, hours, and machine type.
Depreciation is negotiated between dealer and customer.
Sourcewell Administration Fee will be paid on Standard Contract Selling Price.”
4. Form P Question 9 response is amended as follows:
Replace the initial response with the following verbiage:
“The discount range varies from 17% to 44% off the manufacturer’s published List prices.”
5. Lastly, Form P Question 3 and Form A question 32 identify the John Deere sales branch in Canada as “John Deere Limited”, the proper business name is “John Deere Canada ULC.”
DocuSign Envelope ID: FCE16DED-FE51-4A90-B857-7E46D1B0844E
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company) Ex
cept as amended by this Amendment, the Agreement shall remain in full force and effect.
IN
WITNESS WHEREOF, the parties have executed this Agreement as of the date hereof.
So
urcewell® John Deere Construction Retail Sales
x x
Authorized Signature – Signed Authorized Signature – Signed By Jeremy Schwartz By Richard Murga
Name – Printed Name – Printed
Title Director of Operations & Procurement/CPO Title A ccount Manager, Fed & State Dat
e Date
APP
ROVED:
So
urcewell®
x
Authorized Signature – Signed
By Chad Coauette
Name – Printed
Title Executive Director / CEO
Date
DocuSign Envelope ID: FCE16DED-FE51-4A90-B857-7E46D1B0844E 3/12/2020 | 1:43 PM CDT
3/12/2020 | 1:59 PM CDT
3/12/2020 | 2:08 PM CDT
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company) AMENDMENT #2
TO
SOURCEWELL CONTRACT #032119-JDC
This Amendment is by and between Sourcewell (Sourcewell) and John Deere Construction Retail Sales, a division of John Deere Shared Services, Inc. (Vendor).
Vendor was awarded a Sourcewell contract for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies #032119-JDC (Original Contract). The parties agree that certain terms within the Original Contract will be amended as hereunder provided.
In consideration of the mutual covenants and agreements described in this Amendment, the parties agree as follows:
1. This Amendment is effective upon the date of the last signature below.
2. Form P, Question 18, is modified to read that Vendor’s Administrative Fee will be 0.50%.
Except as amended by this Amendment, the Original Agreement remains in full force and effect.
Sourcewell John Deere Construction Retail Sales, a division of John Deere Shared Services, Inc.
B y : B y :
Authorized Signature Authorized Signature
Jeremy Schwartz Richard Murga
Name – Printed Name – Printed
Title: Director of Operations & Procurement/CPO Title:
D a t e : D a t e :
APPROVED:
B y :
Authorized Signature
Chad Coauette
Name – Printed
Title: Executive Director/CEO
D a t e :
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Attachment: Sourcewell Contract 032119-JDC (3885 : Purchase – RDO Equipment Company)
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Attachment: Acceptance and Award-John Deere 032119 (3885 : Purchase – RDO Equipment Company)
ITEM NO. 15
STAFF REPORT
DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: WAIVE FULL READING AND READ BY TITLE ONLY,
APPROVING THE SECOND READING OF AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF COLTON TO CHAPTER 7.20
TO TITLE 7 OF THE CITY OF COLTON MUNICIPAL CODE
PROHIBITING THE FEEDING, WATERING, AND HARASSMENT
OF UNDOMESTICATED BURROS, ORDINANCE NO. O-18-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Waive full reading and Approve Second Reading of AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA ADDING CHAPTER 7.20 TO
TITLE 7 OF THE CITY OF COLTON MUNICIPAL CODE
PROHIBITING THE FEE DING, WATERING, AND
HARASSMENT OF UNDOMESTICATED BURROS.
ATTACHMENT
1. Ordinance No. O-18-22
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ORDINANCE NO. 0-18-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COLTON , CALIFORNIA ADDING CHAPTER 7.20 TO
TITLE 7 OF THE CITY OF COLTON MUNICIPAL CODE
PROHIBITING THE FEEDING, WATERING, AND
HARASSMENT OF UNDOMESTICATED BURROS
WHEREAS, the City of C olton finds that the population growth of undomesticated burro herds and the increased urbanization of the City has resulted in an increase in injured wild burros from traffic accidents within the City
WHEREAS, the wild burro herds have migrated into popul ated areas seeking food and water that is provided by well -meaning people. Food and water that is made available in more populated areas reduces or eliminates the burros’ fear of humans and cars and encourages the burros to abandon their natural instinct to graze; and
WHEREAS, the change in burros’ food seeking behaviors because of these well -meaning people presents a safety issue for the residents and burros in the City; and WHEREAS, the burros continue to move further into populated areas in search of fo od resulting in an increase in traffic accidents with serious injuries to citizens and burros; and WHEREAS, this ordinance is adopted pursuant to the authority granted by Article 11, Section 7 of the Constitution of the State of California, section 2156 an d section 4600 of the California Fish and Game Code, section 53074.5 of the Government Code, and the California Code of Regulations, Title 14, Division 1, section 251.1 regarding the harassment of animals; and WHEREAS, generally the area of fish and game h as been preempted by the state, however, Fish and Game Code section 2156 authorizes regulation of fish and game by local government in situations where the enacted ordinances relating to the possession or care of wild animals are more restrictive than the regulations. This ordinance is based on a regulation of the Department of Fish and Game, Cal. Code Regs. Title 14, § 251.1 and prohibits the harassment, including feeding of, undomesticated mammals, or birds. This ordinance is more restrictive than the regulation because it is specific to burros in Colton and focuses on prohibiting feeding as its primary objective, with a secondary goal of prohibiting the harassment as set forth in the regulation. The ordinance is not duplicative of state law, or preempted by state legislation; and WHEREAS, in attempt to bring this problem under control, it is necessary to (1) prohibit feeding, or providing food and water in any manner, to burros that are not within the legal possession of that person, (2) prohibit the hara ssment of the animals to reduce the human interaction that has resulted in the burros abandoning their grazing grounds.
NOW, THEREFORE, the City Council of the City of Colton, Californ ia, does ordain as follows:
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SECTION 1. Incorporation of Recitals . The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. Adding Chapter 7. 20 to the Colton Municipal Code . Colton Municipal Code Chapter 7.20 “ Prohibition on the Feeding, Watering, and Harassment of Undomesticated Burros” is hereby added to Title 7 “Animals” of the Colton Municipal Code to read as follows:
“Chapter 7.20 – Prohibition on the Feeding, Watering, and Harassment of Undomesticated Burros.
7.20.010 – Purpose
The purpose of this chapter is to establish reasonable and uniform regulations to protect the undomesticated burro population by encouraging the instinctual beh avior of the undomesticated burros by reducing human interactions with them. This purpose will be fulfilled by enforcing restrictions on human and undomesticated burro interactions and will be enforced with infractions and administrative penalties and resulting fines.
7.20.020 – Definitions
As used in this chapter, the following terms shall have the following definitions. “Animal Control Department” or “Department” means the City of Colton Animal Control Department, or whatever entity performs any of the animal control functions for the City of Colton, whether internally or pursuant to contract with the City. “Animal Control Director” means the person duly appointed by the City Manager to administer the Animal Control Department and/or the animal control contract of the City. “Animal rescuer” means any individual possessing a rescue permit from the Department, who routinely takes temporary possession of an animal from the rightful owner of said animal, or any animal from an animal shelter that has been retained by the city in accordance with this chapter.
“Animal rescue operation” means any building, structure, enclosure or premises run by an animal rescuer, whether or not a valid nonprofit corporation has been formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals.
“City” means City of Colton.
“Feeding” means the intentional act of providing food to any wild burro by a person in any location within the City without the approval of the City. “Harass” means an intentional act which disrupts an animal’s normal patterns, which includes, but is not limited to, breeding, feeding or sheltering. “Person” means any person, firm, cooperation, association, society or other organization.
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“Undomesticated Burro” means a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture and is not protected by the federal government under the federal Wild Free-Roaming Horses and Burros Act. (California Gov. Code, §53074.5.)
“Watering” means the intentional act of providing water to any wild burro by a person in any location within the City without the approval of the City.
7.20.030 – Prohibition on Feeding, Watering, and Harassment of Undomesticated Burros
A. Feeding and Water ing of Undomesticated Burros . Except as provided in Section
7.20.040 of this chapter, it is unlawful for any person to feed, water or in any manner provide food or water to, a burro that is not owned or lawfully possessed by that person.
B. Harassment of Animals. Except as otherwise authorized in this chapter or in the California Fish and Game Code and regulations promulgated pursuant thereto, no person shall feed, harass, herd, drive capture, keep, or attempt to domesticate, any undomesticated burro.
7.20.040 – Exemptions
This chapter shall not apply to:
A. Any animal rescue operation or animal rescuer that is authorized to assist the Department in the care and relocation of undomesticated burro herds.
B. A landowner or tenant who drives or herds undom esticated burros for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops.
C. In order to be exempted from the provisions of this section, a person must provide notice to the Department of their actio n as soon as they are reasonably able, but no later than forty-eight (48) hours after the event.
7.20.050 – Enforcement
A. The Animal Control Director shall supervise the administration and enforcement of this chapter and the enforcement of the laws of the State of California pertaining to the care and control of animals.
B. The Animal Control Director is authorized to post signs advising the public that feeding undomesticated burros is prohibited by this chapter and the California Code, Regulations, Title 14, Division 1, Section 251.1 regarding the harassment of animals.
C. The City Council may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation or organization which will provide assistance to the City in providing care for undomesticated burros.
D. It shall be unlawful for any person to interfere with, oppose, or resist any officer, employee or person empowered to enforce the provisions of this chapter while such officer,
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employee or person is engaged in the performance of his or her duties as provided in the Colton Municipal Code or state law.
E. Nothing in this chapter shall prevent the Animal Control Director from acting, when he or she deems it appropriate to do so, under the applicable provisions of the California Penal Code, Section 597, et seq.
7.20.060 – Violation
A. An administrative citation, infraction, civil action or other such authorized penalty may be issued to any person in violation of this chapter.
B. An infraction is punishable pursuant to Section 8.02.050.
C. In addition to any other remedy available at law, any person in violation of this chapter is subject to an administrative fine as defined below:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
D. The City Council is authorized to bring a legal action in a court of competent jurisdiction to enforce the provisions of this chapter.
E. Each such person shall be guilty of a separate offense for each and every incident in which any violation of any provision of this chapter is committed, continued or permitted by any such person, and such person shall be punishable accordingly.”
SECTION 3. Except as amended above, all other sections of the Colton Municipal Code shall remain unchanged.
SECTION 4. Compliance with California Environmental Quality Act . Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 153 78) of the CEQA Guidelines, California Code of Regulations, Title 14, Article 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
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portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.
SECTION 7. Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.
//
PASSED, APPROVED AND ADOPTED this 6th day of December, 2022.
Frank Navarro, Mayor
ATTEST:
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
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Attachment: Ordinance No. O-18-22 (3889 : Second Reading of Ordinance No. O-18-22)