OPPORTUNITIES, DATA, OR USE, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF SEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
6.3. Recordings and Communications Monitoring. In the event Customer records or monitors any SMS messages, IVR communications, or other communications using the Services, then Customer represents and warrants that it shall comply with all applicable laws prior to doing so at all times. SEW makes no representations or warranties with respect to recording or monitoring telephone calls/IVR communications, SMS messages, or other communications, and recommends that Customer always secure prior consent to record or monitor communications using the Services. Customer acknowledges that these representations, warranties, and obligations are essential to SEW’s ability to provide the Services, and further agrees to indemnify SEW and its affiliates or providers in the event of any acts or omissions in connection with recording or monitoring IVR communications, SMS messages, or other communications, whether such claims arise under contract, tort, statute, or other legal theory.
7. Additional Terms
7.1. Short Codes. If Customer utilizes a short code with SEW as a part of the Services, Customer:
a) Shall not change the short code use case without first having such new use case approved by SEW or the applicable provider. b) Shall stop sending additional messages to any party that replies by texting “STOP” (or the equivalent) to the short code, except for a single text message confirming that such party has been successfully opted out of the short code. c) Shall follow all applicable rules, regulations, laws, statutes, or guidelines set by state, local, or federal legal authorities, or as imposed by SEW or its affiliates, providers, etc. pertaining to the use of short codes or voice recordings.
7.2. Compliance with Laws. Both Customer and SEW agree to comply with the applicable laws relating to each Party’s respective activities pursuant to this Agreement.
7.3. No Waiver. Our failure to enforce at any time, any provision of this Agreement, or any other applicable policy or signed writing in connection hereto shall not waive our right to do so later. Any waiver must be in writing and signed by both Parties to be legally binding.
7.4. Independent Contractors. The Parties are independent contractors and will so represent themselves in all regards. Neither Party is the agent of the other, and neither may make commitments on the other’s behalf.
7.5. Force Majeure. No delay, failure, or default, other than a failure to pay fees, will constitute a breach of this Agreement to the extent that such delay, failure, or default, or any other breach is caused by acts of war, terrorism, earthquakes, other acts of God or of nature, strikes or labor disputes, embargoes, or other causes beyond the performing Party’s reasonable control.
7.6. Assignment & Successors. Customer may not assign this Agreement or any of its rights or obligations hereunder without Provider’s prior written consent. Except to the extent forbidden herein, this Agreement will be binding upon and inure to the benefit of the Parties’ respective successors and assigns. Any attempt to assign, transfer, or delegate the terms under this Agreement shall be null and void.
7.7. Notices. Any notice required or permitted to be given under this Agreement will be given in writing to the receiving Party by personal delivery, certified mail, return receipt requested, overnight delivery recognized by a nationally recognized carrier, or by email upon confirmation of receipt. Notices to SEW shall be copied to [email protected].
7.8. Modification. Modifications to the Services and associated fees thereof may be made from time to time, and any modifications made to the Services, or associated fees, shall be noticed to the Customer thirty (30) days prior to such modifications taking effect.
7.9. Severability. To the extent permitted by law, the Parties waive any provision of law that would render any clause of this Agreement invalid or unenforceable. In the event that a provision herein is held to be invalid or unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions of this Agreement will continue in full force and effect.
7.10. Choice of Law & Jurisdiction: This Agreement will be governed by the laws of the State of California, without reference to any conflicts of law principles. The Parties consent to the personal and exclusive jurisdiction of the federal and state courts of Orange County, California.
7.11. Conflicts. Should this Agreement conflict with any other agreements, this Agreement will govern.
7.12. Construction. The Parties agree that the terms of this Agreement result from negotiations between them. This Agreement will not be construed in favor of or against either party by reason of authorship.
7.13. Entire Agreement. This Agreement sets forth the entire agreement of the Parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter, with the exception of an applicable license agreement, SaaS subscription agreement, or statement of work. Neither Party has relied upon any such prior or contemporaneous communications except those expressly referenced and named herein.
7.14. Execution in Counterparts. This Agreement may be executed in one or more counterparts. Each counterpart will be an original, but all such counterparts will constitute a single instrument.
7.15. Amendment. This Agreement may only be amended in writing by authorized representatives of each Party.
Appendix C
Data Retention Policy
1) Data Retention Policy
a) Introduction
i) It shall be the policy of Smart Energy Water to maintain complete and accurate records for the usage, billing, behavior, or any of the specified types of data (“Data”) of Client and its Users, for the duration described for historical reference, contractual or legal requirements, or for any other purposes as set forth in this Data Retention Policy (“Policy”). The types of Data stored and subsequent durations for each type, described in the Retention Summary set forth in Section 1(h) below, shall be the recommended and standard retention periods based on legal requirements and practical considerations. In the event that Client wishes to have such Data retained for an extended period, such additional retention periods shall be agreed upon in a separate writing. ii) Data Retention shall include, but is not limited to, paper and electronic records, documentary materials, Customer Data, personally identifiable information, billing records, usage information, etc. Such information shall be managed and maintained in a manner that protects the integrity of the Data, while ensuring appropriate access for the durations described above.
iii) Upon expiration of the above retention periods, such data shall be destroyed, deleted, returned or otherwise disposed of according to standard industry guidelines and in compliance with legal requirements, EXCEPT for those records pertaining to (1) matters under investigation or those matters that are the subject of any claim or litigation, and (2) matters that are anticipated to be the subject of reasonably foreseeable investigation, claim, or litigation. b) Definitions
i) “Audit Logs” shall refer to recordings of key system events, timestamps, and other records that otherwise maintain evidence of any processes or activities. ii) “Billing Data” shall refer to any information regarding the billing information of customers, which may include, but is not limited to, credit card information, security codes, expiration dates, billing addresses, names of customers, etc. iii) “Billing Summaries” shall refer to any information regarding the costs or charges relating to a customer’s usage of utilities maintained over monthly billing periods. iv) “Customer Data” shall refer to any personally identifiable information of a Client’s users, which may include, but is not limited to, name, address, personal Usage information, etc.
v) “Investigation” shall refer to any business or legal process which requires the retention, examination, or review of any Data. vi) “Notifications” shall refer to logs of the information events (email, IVR, SMS text messaging) sent by a utility and received by a customer. vii) “Outages” shall refer to logs of outage events reported via OMS to the Services, by either the customer, if approved, or the Client. viii) “Retention” shall refer to storage of Data on either local, cloud-based, or archive storage or servers. ix) “Usage” shall refer to any customer’s use of a utility as tracked and maintained by the Services. x) “User Behavior” shall refer to the interaction of Client’s customers on the portal or mobile application, which may include, but is not limited to, log-on periods, active periods, interactions with particular modules, clicks, etc. c) General
i) SEW shall be bound in its obligations regarding the Data it processes and controls. These obligations shall include how long SEW retains Data, and when and how SEW can destroy such Data. These obligations may arise from industry standards, local laws or regulations, or arising out of agreements between the Parties. ii) SEW shall ensure that necessary records, documents, or Data are adequately protected and maintained, and additionally, that such records, documents, or Data are properly disposed of.
iii) SEW shall not use Client or Customer Data except as necessary to provide the Services, or as necessary to comply with the law or binding order of a governmental body.
d) Cloud-Based Storage
i) In maintaining the Data, SEW shall utilize its cloud-based scalable storage solutions which shall allow Client to store and display historical usage data, billing information, payment history, etc. SEW shall utilize industry standard methodologies, which shall ensure business continuity, continuous retention for the periods described, data recovery, and availability for its Users. e) Archiving and Backups
i) SEW shall utilize similar industry standard solutions for archiving, restoring, and backing up Data. Incremental Data (daily usage, user behavior, notifications, outages) shall be recorded nightly, and full Data backups shall be executed over the weekend. Data shall be retained in both Cloud-based local storage form, as well as Array-based replication form offsite to be utilized as back-ups or archives in the event of system failure of the local Cloud-based storage. ii) SEW shall be notified via email confirmation of backups of Data being saved successfully or such backups failing to be saved. Backups shall be tested periodically by restoring such Data to a staging database to ensure that Data is not corrupted and are in proper usage compliance in its application configuration. f) Destruction and Purging of Data
i) Data that is personal or confidential in nature shall be disposed of according methodologies agreed upon by and between the parties in a signed writing. ii) Electronic Data shall be subject to secure electronic deletion. iii) Physical or paper documents shall be shredded using secure consoles through which waste shall be properly screened for disposal. iv) Specific deletion or destruction processes shall be carried out by an employee of SEW or by an internal or external service provider employed for the purposes of such proper and compliant disposal of Data.
v) Data of Users or Clients who have been inactive for a period of twenty-four (24) months shall be deleted. Clients, if such Client or User account(s) are inactive for a period of eighteen (18) months, shall be notified of such inactivity via email. g) Litigation or Investigation
i) In the event that SEW becomes involved in any unforeseen litigation or business event that requires access to Client and Customer Data, such Data may need to be archived beyond its active use or as required by law. ii) Documents shall be retained in the event that they are subject to matters under investigation or those that are subject to any claim or litigation, or those matters that are anticipated to be the subject of reasonably foreseeable investigation, claim, or litigation. iii) Prior to the disclosure of any Client and Customer Data, SEW shall first disclose to Client of such requirement, so that Client may inform its users and allow users the opportunity to seek protection from such disclosure. h) Retention Summary
i) SEW, for the purposes of historical reference, contractual or legal requirements, or other requirements as a part of its delivery and maintenance of Services or Software to Client, shall retain the following types of Data for the durations set forth, and pursuant to the terms set forth in this Data Retention Policy.
Data Type Description Duration
Usage Monthly Read 24 months
Daily Read 12 months
Hourly Read 6 months
15-minute Read 3 months
Billing Data/Summary Overview of Past Bills 24 months
User Behavior User Interactions with Portal 12 months
Notifications Text Message, IVR, Email Logs 6 months
Audit Logs Timestamps, Recordings of Key Events 6 months Bill PDF Storage * Add-on Feature 12 months
Outages History of Reported Outages 12 months
City Council
STAFF REPORT
Date: February 15, 2023 Agenda Item:
2.G.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Approval of Parcel Map 38205 - Saddle Ranch Phase 2
RECOMMENDATION:
Approve Parcel Map 38205 and authorize the City Clerk to sign the map SUMMARY:
The City Council considered this matter on December 15, 2021 when Tentative Parcel Map 38205 was approved by Resolution No. 2021-82. The map proposes to subdivide
23.78 acres into four (4) parcels. The map meets the City requirements and is ready for acceptance.
BACKGROUND:
On December 15, 2021 the City Council approved Tentative Parcel Map 38205 which subdivides 23.78 acres into four parcels (See Parcel Map 38205). The property is located at the southerly terminus of Horseless Carriage Drive.
The map has been submitted for review and is in substantial compliance with the approved Tentative Parcel Map, as well as all applicable codes. The subdivision meets all requirements of the resolution approving the tentative map.
FISCAL IMPACT:
Not applicable.
RELATIONSHIP TO STRATEGIC PLAN:
Approval of Parce Map 38205 is consistent with Strategic Direction No. 3 – Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Parcel Map 38205
PARCL MAP NO. 38205
IN THE CITY OF NORCO,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 30649 AS SHOWN BY MAP ON FILE IN BOOK 213, PAGES 95 THROUGH 97, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
X ENGINEERING & CONSULTING, INC. THOMAS A. KING, R.C.E. 16916 MAY 2021
FOR COMMERCIAL PURPOSES
ALL OF TENTATIVE PARCEL MAP NO. 38205
4 NUMBEREDPARCELS
23.773 ACRES (GROSS AND NET)
OWNERS STATEMENT
We hereby state that we are the owners of the land included within the subdivision shown hereon; that we are the onlypersons whose consent is necessary to pass clear title to said_ land; that we consent 0 the making and recording of this subdivision map as shown within the distinctive border line.
We hereby dedicate to the City of Norco the restriction of vehicular access rights as shown hereon. BENEFIQARYSTATEMENT:
QUADREALFINANCE|NC., a Canadian federal corporation
Beneficiary under a deed of trust recorded on August 30, 2021 as Instrument No. 2021~—0518720, of Official Records.
8%
Bryaé/Marti ez, Analyst
We hereby reserve for the benefit of Parcels 1. 2, 3 and 4 the ingress, Egress and lncidential Purposes easement as shown on said map.
CRP LDF SAD LE RAN H II, LLC, a Delaware Limited Liability Company P trick Daniels, CEO
NOTARYACKNOWLEDGEMENT NOTARYACKNOWLEDGEMENT
A NOTARYPUBLIC OR OTHER OFFICER COMPLETINGTHIS CERTIFICATEVERIFIES ONLY THE
IDENTITYOF THE INDIVIDUALWHO SIGNED THE DOCUMENTTO WHICH THIS CERTIFICATEIS ATTACHED, AND NOT THE TRUTHFULNESS,ACCURACY, OR VALIDITYOF THAT DOCUMENT.
A NOTARYPUBLIC OR OTHEROFFICER COMPLETINGTHIS CERTIFICATEVERIFIES ONLY THE
IDENTITYOF THE INDIVIDUALWHO SIGNED THE DOCUMENTTO WHICHTHIS CERTIFICATEIS ATTACHED,ANDNOT THE TRUTHFULNESS. ACCURACY,OR VALIDITYOF THAT DOCUMENT.
State of California ) St t f C H
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County of Otuhae )
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on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to P9"3°"°”Y 9PP5°V€d. ‘"10 P"°V9d I0 me
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 0“ the b°5'5 0f SOUSIGCIOVY 9 ldeme *0 be the authorized capacity(ies) and that by his/her/theirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. _ . _
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTYOF PERJURYunder the laws of the State of California that the foregoing paragraph is true and correct. , paragraph is true and correct.
Witness my hand: . Witness my hand: _
‘:3 U Signature My Principal Place of Business is <
7 77.1.’
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Notary Public in and for said State in county Signature N ubl. .
a and f .d state
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My Commission expires
’ KLSOJA . EdQ/N
‘
Print Name __ Commission Print Name M Q Eg kt, No. L'?$ TAX COLLECTOR'S CERTIFICATE:
in County
Commission No. .32
I hereby certify that according to the records of this office, as of this date, there are no liens against the property shown on the within map for unpaid State, County, Municipal, or local taxes, or special assessments collected as taxes, except taxes or special assessments SIGNATURE OMISSIONS collected as taxes now ci Iein but not yet payable, which are estimated to be SISITSHIDOO.
Pursuant to Section 66436(a)(3)(A) of the Subdivision Map Act, signatures of the Dated ihis___29;”"__day of imo_\.»iz_.__ . 2922 201-5 following have been omitted:
I. The Orange Heights Water Company, holder of granted rights to develop, take, Motthel” Je””I"‘93 BY‘ OWWWK use and distribute water appurtenant to the herein descirbed propert , to County Tax Coiiector Deputy
IHISCERTIFICATIONEXCLUDESANY
and on the 5409 acre tract described in the Deed recorded March , 1918 in sui>p|_EMEN'rAi_1';\x Asszssmaiirrs um
Book 4-76, page 351 of Deeds, records of Riverside County, California.
Also, right of way reserved for ditches and a right to lay and maintainwater pipes over and across the herein described property for purposes of distributing water to said tract and subdivisions thereof.
The location of the easement cannot be determined from record information.
TAX B()ND CERTIFICATE:
YETEXTENDED
I hereby certify that a bond in the sum of $
l_I?i'JfTX3'°Ohas been executed and filed with
the Board of Supervisors of the County of Riverside, California, conditioned upon the payment of all taxes, State, County, Municipal, or local and all special assessments collected as taxes, which at the time of filing of this map with the County Recorder are a lien against said property but not yet payable and said bond has been duly approved by said Board __qfS e ors.
Dated this_z2“_'t_.__ day of .-2622 2023 WISC T’
<cAsi-i‘oRsunm sown
Matthew Jennings
2. Southern California Edison Company, holder of an easement for underground electrical supply systems and communication systems and incidental purposes, recorded September 5, 2001 as Instrument No. 2001-4210328 of Official Records. TICN Ei{Ctt.‘ T
3. Southern California Edison Company, holder of an easement for underground electrical supplys stems and communication systems and incidental urposes, recorded July , 022 as Instrument No. 2022»-0299865 of Official ecords.
YETEXTENDED
BY: £_,{/A?t
County Tax Collector Deputy
.2
erson(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capocity(ies) and that by his/her/theirsignciture(s) on the instrument the person(s), or I certify under PENALTYOF PERJURY under the laws of the State of California that the foregoing My Principal Place of Business is
‘SUPPLEMENTAL TAXASSESSMENTSNOT-'
SHEET 1 OF 2 SHEETS
RECORDER'STATEMENT
FILEDTHIS DAY or ,2o22
AT___(Aii/PM) lN BOOK or PARCEL MAPS,
AT PAGES __ ,AT THE REQUEST or THE
CLERK or THE BOARD.
N0. __
FEE 3
PETER ALDANA
ASSESSOR-COUNTYCLERK—RECORDER
— ,DEPUTY
SUBDIVISION‘GUARANTEE: FIRST AMERICANTITLECOMPANY
_ENGINEER'SSTATEMENT:
This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of CRP LDF SADDLERANCHll, LLC, in May 2021, I hereby state that that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any; that all monuments are of the character and occupy the positions indicated or that they will be set in those positions before twenty—fo_urmonths from the filing date of this map; and that the monuments are, or will be, sufficient to enable the survey to be retroced. ‘Z4 /2 2a zazz
Thomas A. King Date
R.C.E. 16916
Expiration Date: 6/50/2023
CITY ENGI1\iE.‘_I_<3R'S STATEMEN’l:_
I hereby state that I have examined this map; that the subdivision as shown is substantially the same as it appeared on the tentative map, if required, and any approved alterations thereof; that all provisions of the Subdivision Map Act and of any local subdivision ordinances of the City of Norco applicable at the time of approval of the tentative map, if required, have been complied with; and that I am staisfied that this map is technioall correct.
David G. Gilbertson, City Engineer, LS 6941
Dated this day of , 2022
My Commission expires zT
CITY CLERK'S ( RTIFICATE
State of California )
City of Norco )55
County of Riverside)
I hereby certify that this map was presented for approval to the City Council of the City of Norco at a regular meeting thereof held on the _.____‘__ day of_..__._______, 20_§2
and that thereupon said Council did, by a motion duly seconded and passed, approved sai map.
?aid
Council accepted on behalf of the City the restriction of vehicular access rights as shown ereon.
Dated this day of ___j____
, 2022
Dana Roa
City Clerk of the City of Norco
BASIS ()F BEARINGS:
THE BASlS OF BEARINGSFOR THIS SURVEYIS THE
CENTERLINE OF HORSELESS CARRIAGE DRIVE,
SHOWN ON PARCEL MAP NO. 30649,
MONUMENT NOTES:
PARCEL MAP NO. 38205
IN THE CITY OF NORCO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
BEING A SUBDIVISION OF PARCEL NO. 1 OF PARCEL MAP NO. 30649 AS PER MAP FILED IN BOOK 213, PAGES 95 TO 97 INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
X ENGINEERING & CONSULTING, INC.
FOR COMMERCIAL PURPOSES
THOMAS A. KING, R.C.E. 16916 MAY 2021
REFERENCENOTES:
SHEET 2 OF 2 SHEETS
PM‘ BOOK 213, PAGES 25“27 A5 N01'12’05"E~ O‘ ‘”di°°te5 Set 2“ "R with “Q” ‘md mg smmped RCE 16915‘ D” 0'2,‘ R1— lndicotes record (or computed from record) per Parcel Map 30649, PM 213/95-97.
LEGEND
10- lnd?C0t55 Set 1" LP» With "0" 005 W9 5t°mP5d RC5 15915: DW 02: R2— Indicates record (or computed from record) per Record of Survey, RS 131/70-74. “T4 20- lI'\diCOteS 581 lead. nclil O?d tog Stdmped RC5 15915: “U511 R3- Indicates record per Quitcloim Deed Recorded February 20, 1985 as Instrument SNF-Indlcotes searched nothing found- 30- lndlcotes Set lead, nail and tag stomped RCE 15915, offset North 0025’ in top of curb. No. 34525 OR. Riverside County.
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.— Indicates found monument as indicated RELIN UISHMENT NOTE‘, \ and noted hereon All vehicular access rights to Horseless Carriage Drive are released and relinquished ESTABLISHED 38,
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City Council
STAFF REPORT
Date: February 15, 2023 Agenda Item:
2.H.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of the Bronco Lane Waterline Project as Complete RECOMMENDATION:
Accept the Bronco Lane Waterline Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Bronco Lane Waterline Project consisted of the installation of 3,456 linear feet of new 8" waterline and appurtenances to replace the existing water main in Bronco Lane from Corydon Avenue to the southerly terminus of Bronco Lane.
BACKGROUND:
On February 16, 2022, the City Council awarded a contract to Tryco General Engineering in the amount of $794,937 and authorized the City Manager to approve contract change orders up to 10% for the Bronco Lane Waterline Project. The final contract amount paid to Tryco General Engineering was $785,165. The reduction in the amount paid was primarily due to the reduced sewer service relocations required for the installation of the pipe.
Tryco General Engineering has completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Notice of Completion
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST
CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.
NORCO, CA 92860
ATTN: CITY CLERK
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS
BRONCO LANE WATERLINE PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT
DATED BETWEEN THE CITY OF NORCO AND TRYCO GENERAL ENGINEERING WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 15TH DAY OF FEBRUARY, 2023.
THE WORK DONE: CONSISTED OF THE INSTALLATION OF 3,456 LINEAR FEET OF NEW 8" WATERLINE AND APPURTENANCES TO REPLACE THE EXISTING WATER MAIN IN BRONCO LANE FROM CORYDON AVENUE TO THE SOUTHERLY TERMINUS OF BRONCO LANE., IN THE CITY OF NORCO, CALIFORNIA.
THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING FEBRUARY 16, 2022, IN THE CITY OF NORCO, CALIFORNIA. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY TRYCO GENERAL ENGINEERING LOCATED IN RIMFOREST, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED FEBRUARY 16, 2022, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.
THAT THE CORPORATE SURETY ON THE CONTRACTOR’S BOND, FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BOND IS WESTERN NATIONAL MUTUAL INSURANCE COMPANY. THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.
February 15, 2023
DATED: CITY OF NORCO
A MUNICIPAL CORPORATION
BY: __________________________
DANA ROA, CMC
CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:
I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE DEPUTY CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT. 02/15/23 ______________________________
DATE DANA ROA, CMC
CITY CLERK
CITY OF NORCO
City Council
STAFF REPORT
Date: February 15, 2023 Agenda Item:
2.I.
To: Honorable Mayor and City Council Members
Prepared By: Matt Boudreaux, IT Manager
Department: IT
SUBJECT:
Procurement of Licenses for Barracuda Email Protection
RECOMMENDATION:
Approve the purchase of Barracuda licenses in an amount not to exceed $51,811 over a three (3) year term; authorize the City Manager to approve contract change orders up to $5,000 per each fiscal year to accommodate for additional licenses for potential growth in staff, for a total of $66,811.
SUMMARY:
Barracuda Networks is a company providing security, networking, and storage products based on network appliances and cloud services. The City of Norco currently uses Barracuda's services for email security and filtering. The City would like to obtain the Email Protection Premium Plus package, which will provide protection against socialengineering attacks, fraud protection, email filtering, user awareness training, forensics, and incident response. Approval of a multi-year agreement will provide significant savings over its lifetime.
BACKGROUND:
The City first implemented Barracuda's Email Security services in 2012 after transitioning from Novell Groupwise to Microsoft Exchange. The Email Security product has worked well for the City stopping many malicious emails and supplementing the IT Department's ability to provide support for email services.
The Council recently approved the City's transition to Microsoft Office 365. To protect the City's new cloud environment from cybersecurity threats, staff is recommending the Email Protection Premium Plus license as it includes advanced threat protection; unlimited email storage and retention; unlimited cloud-to-cloud storage and backup for Office 365 applications; protection against social-engineering attacks; user awareness training; and forensics and incident response. Barracuda's Email Protection Premium Plus product
also helps meet PERMA cybersecurity insurance requirements for data backup and staff security training.
In order to provide the City with the best service at the lowest price, staff worked with four reputable vendors authorized to sell the licenses. Of these four vendors, Connection gave the best rate. A quote breakdown has been provided (Attachment A) for Council's review.
FISCAL IMPACT:
There is sufficient funding in the Fiscal Year 2023-2024 Information Technology Division Operating Budget of $17,240 of the $66,811 three (3) year Barracuda licensing term with Connection. Future Barracuda licensing costs will be budgeted for in the appropriate fiscal year.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction #5 - Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets, and Action Plan 3 - Implement the actions identified in the IT Assessment and Strategic Plan.
IT Master Plan Initiative #50 - Electronic Mail Upgrade IT Master Plan Initiative #52 - Microsoft Office 365 - Future Upgrades IT Master Plan Initiative #65 - Disaster Recovery Planning REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Attachment A
Connection Quote
Legal Terms and Conditions
Barracuda Licensing 140 User Licenses 3 Year Term
Vendor Item Qty (Per user per month) Cost Per License Total Connection Email Protection Premium Plus 5,040 $ 10.28 $ 51,811.20 CDW-G Email Protection Premium Plus 5,040 $ 10.82 $ 54,532.80 SCW Email Protection Premium Plus 5,040 $ 12.25 $ 61,740.00 SHI Email Protection Premium Plus 5,040 $ 13.27 $ 66,880.80 Attachment A
Account Executive: Erik Adams
Phone:
Fax:
Email: [email protected] Date: 1/9/2023
Valid Through: 2/8/2023
Account Manager: Account #: S01728
Phone:
Fax:
Email:
Customer Contact: Matt Boudreaux Phone: (951) 270-5663
Email: [email protected] Fax:
DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level .00 lbs Prepaid * Line # Qty Item # Mfg. Part # Description Mfg. Price Ext 1 5,040 41370648 EP-PremPlus-Usr
-1M
Email Protection, Premium Plus, per User,
1 Month
Barracuda
Barracuda $ 10.28 $ 51,811.20
Subtotal $ 51,811.20
Fee $ 0.00
Shipping and
Handling $ 0.00
Tax $ 0.00
Total $ 51,811.20
NORCO, CA 92860
(951) 270-5663 (951) 270-5663
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.
SALES QUOTE
GovConnection, Inc. # 25440871.01
732 Milford Road PLEASE REFER TO THE ABOVE
Merrimack, NH 03054 QUOTE # WHEN ORDERING
City of Norco
2870 Clark Ave
QUOTE PROVIDED TO: SHIP TO:
AB#: 15680359 AB#: 21406492
CITY OF NORCO
MATT BOUDREAUX Matthew Boudreaux
2870 CLARK AVE
NORCO, CA 92860 Norco City Hall
ORDERING INFORMATION
GovConnection, Inc. DBA Connection
Please contact your account manager with any questions.
Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.
Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.
TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
CEC: 80-068888K
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company’s Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company’s Standard Terms of Sale on the Company’s website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already prenegotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.
If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Please forward your Contract or Purchase Order to:
[email protected]
QUESTIONS: Call 800-800-0019
LEGAL TERMS AND CONDITIONS FOR ALL BARRACUDA PRODUCTS
General Terms Applicable to all Products
SCHEDULES:
Schedule 1: Software Use and Restrictions
Schedule 2: Limited Warranty
Schedule 3: Hosted Services
Schedule 4: Additional Terms for SAT
Schedule 5: Support Services Terms
Schedule 6: Professional Services Terms
Schedule 7: Data Privacy
Schedule 8: Migration and Upgrade Credit Program Terms
Schedule 9: Additional Terms for Managed XDR Services
Legal Terms and Conditions
GENERAL TERMS AND CONDITIONS
MENU
The General Terms and Conditions (“General Terms”), together with all applicable Schedules (collectively, the “Agreement”) are a legal agreement between you, a legal entity (“Customer”), and Barracuda Networks, Inc. (“Barracuda”). If you are not legally able to be bound by the Agreement or do not want to consent to the terms of the Agreement, your use of the Products is strictly prohibited. Your use of the Products is subject at all times to this Agreement, as amended from time to time. If you do not unconditionally agree to the foregoing, discontinue the installation or use of the Products. If you proceed with use, you are (i) representing and warranting that you are authorized to bind the Customer; and (ii) agreeing to the Terms.
Order of Precedence . The General Terms are applicable to all Barracuda Products and set forth the terms under which the Customer may use Barracuda Products.
Certain Products are subject to additional terms and conditions, which are set forth in the applicable “Schedule.” In the event of a conflict or inconsistency between any of the General Terms and a Schedule, the Schedule will govern.
GENERAL TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING A BARRACUDA PRODUCT. BY USING A BARRACUDA PRODUCT, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF CUSTOMER LIVES IN THE UNITED STATES, THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS CUSTOMER’S RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH BARRACUDA. PLEASE READ IT CAREFULLY.
1. Definitions.
1.1. “Barracuda Materials” means all Barracuda proprietary materials, including, but not limited to, Deliverables, Products and intellectual property related to Products and Documentation.
1.2. “Deliverables” means any written reports and materials that are created specifically for Customer as a result of Professional Services provided hereunder, as set forth in Schedule 6 (“Professional Services Terms”).
1.3. “Delivery” with respect to Hardware means the date of shipment, and with respect to Software and Hosted Services means when the Software or Hosted Service is made available by Barracuda.
1.4. “Documentation” means manuals or other materials provided by Barracuda related to the Products in electronic or other form, as amended from time to time by Barracuda.
1.5. “Effective Date” shall mean the date of Delivery of the Products.
1.6. “Hardware” means a physical appliance provided by Barracuda.
1.7. “Hosted Service” means the right to use a cloud system or platform hosted by Barracuda, which provides the services and functionality set forth in the applicable Specification.
1.8. “Hosted Service Term” means the length of time for which a Hosted Service is purchased.
1.9. “Intellectual Property Rights” means copyrights (including, without limitation, the exclusive right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights (including, without limitation, trade names, trademarks, service marks and trade dress), patent rights (including, without limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction.
1.10. “Product” means, collectively, any Hardware, Software, Subscriptions, Hosted Service, Services and any combination thereof.
1.11. “Order” means a written purchase order or similar ordering document, signed or submitted to Barracuda under which the Products are provided for Customer’s use.
1.12. “Professional Services” means consulting services provided by Barracuda under a Statement of Work and/or set forth on an Order.
1.13. “Software” means software embedded in Hardware, used to provide a Hosted Service or any software licensed to Customer as a Subscription, including any Updates thereto.
1.14. “Service” or “Services” means Professional Services and Support Services.
1.15. “Specification” means the functionality for the Product as documented in the Product data sheet.
1.16. “Statement of Work” or “SOW” means a document between Barracuda and Customer, describing Professional Services, rates and timelines for those Professional Services.
1.17. “Subscription” means a license provided by Barracuda for a Subscription Term under which Barracuda provides access to certain features and functionality, as described in the Specification, which is provided subject to the applicable Schedule, if any, and these General Terms.
1.18. “Subscription Term” means the length of time for which a Subscription is purchased.
1.19. “Support Term” means the length of time for which the Support Service is purchased.
1.20. “Support Services” means the maintenance and technical support services provided by Barracuda with respect to each Product, as described in Schedule 5 (“Support Services Terms”).
1.21. “Update” means minor enhancements, error corrections and bug fixes to the Software.
2. Modification. Barracuda reserves the right to modify the Agreement at any time, in its sole discretion, without liability to Customer. The Agreement, as amended, will be effective upon use of the Products for all existing users immediately after any amended terms are posted online. If Customer has signed up for email updates, Barracuda will provide email notice to Customer of the update. Customer’s continued use of the Products shall be deemed acceptance of the modified terms.
3. Orders and Statements of Work.
3.1. Orders. Products will only be provided to Customer after Barracuda has received and accepted an Order for such Product. Orders are not binding upon Barracuda until accepted in writing by Barracuda. All Orders will be governed by this Agreement and are noncancelable and nonrefundable after Delivery, except as set forth in Section 5.2 (“Returns”).
3.2. Statements of Work. Each Statement of Work is governed by this Agreement.
Barracuda will not be obligated to perform any Professional Services until a Statement of Work describing those Professional Services has been agreed upon by both parties or an Order listing those Professional Services has been accepted by Barracuda in writing.
4. Payment Terms.
4.1. Fees and Expenses. If Customer purchases directly from Barracuda, Customer will pay Barracuda the fees specified on the invoice associated with each Order or Statement of Work (“Fees”). If Customer purchases through a Barracuda authorized reseller, all fees and other procurement and delivery terms shall be agreed upon between Customer and the applicable reseller. Fees for usage in excess of amounts purchased will be billed by Barracuda in the next billing cycle and Customer acknowledges that such additional fees must be paid in accordance with the terms herein.
4.2. Payment. If Customer purchases directly from Barracuda, payment is due within thirty (30) days of the date of each invoice. Payment will be made by credit card, wire transfer or another prearranged payment method unless Barracuda has extended credit terms to Customer. All Fees described in an Order or Statement of Work will be fully invoiced in advance, unless otherwise agreed to in writing by Barracuda. If any payment is past due, Barracuda may, without limiting any remedies available to Barracuda, suspend performance until payment is made current.
Customer will pay interest on all delinquent amounts at the lesser of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law.
4.3. Increases. Barracuda reserves the right to increase prices for Products at any time, provided however that any price increase for Subscriptions, Hosted Services and Support Services will not go into effect until the end of the then-current term, as applicable.
4.4. Taxes. All Fees are exclusive of all sales, use, excise, value added, goods and services, withholding and other taxes, and all customs, duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the sale or use of the Products, which shall be invoiced to and paid by the Customer. If Customer is required by law to make any deduction or withholding on any payments due to Barracuda, Customer will notify Barracuda and will pay Barracuda any additional amounts necessary to ensure that the net amount Barracuda receives, after any deduction or withholding, equals the amount Barracuda would have received if no deduction or withholding had been required. Additionally, Customer will provide Barracuda with evidence, to the reasonable satisfaction of Barracuda, showing that the withheld or deducted amounts have been paid to the relevant governmental authority. For purposes of calculating sales and similar taxes, Barracuda will use the address set forth on the Order or Statement of Work, as applicable, for the jurisdiction to which Products and shipments are delivered unless Customer has otherwise notified Barracuda. Customer will provide tax exemption certificates or direct-pay letters to Barracuda as applicable.
4.5. Payment Disputes. Customer must notify Barracuda of any billing problems or discrepancies within sixty (60) days of the applicable Barracuda invoice date.
Customer must send such notification to Barracuda as indicated in Section 21 (“Notices”). If Customer does not bring such problems or discrepancies to Barracuda’s attention within such sixty (60) day period, Customer agrees that it waives the right to dispute such problems or discrepancies.
4.6. Offsets. Customer shall pay all amounts due and payable to Barracuda under this Agreement to Barracuda in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable law and in compliance with Section 4.4 (“Taxes”).
4.7. Import/Export Fees. Customer is responsible for any import or export fees or duties associated with its purchase or use of the Products.
5. Title and Returns.
5.1. Title; Ownership.
5.1.1. Hardware. All Hardware is shipped from Barracuda’s designated manufacturing facility or point of origin (Exworks origin) (Incoterms 2010). Title to such Hardware and the risk of loss of or damage to Hardware shall pass to Customer at the time of shipment from Barracuda’s facility. Barracuda is authorized to designate a carrier pursuant to Barracuda’s standard shipping practices unless otherwise specified in writing by Customer. Customer must provide written notice to Barracuda within ten (10) days of Delivery of the Products of any non-conformity with the Order (e.g., Delivery of the wrong Product or incorrect quantities). Partial shipment is expressly permitted hereunder, and separate charges for shipping and handling will be charged on Barracuda’s invoice.
5.1.2. Software. Barracuda retains right, title and ownership to all Software, and Customer’s license and usage rights to Software as set forth in Schedule 1 (“Software Use and Restrictions”).
5.1.3. Customer Data. “Customer Data” means all data, including text, sound, video, or image files and software, that Customer provides to Barracuda, or that is provided on Customer’s behalf. Customer retains ownership of Customer Data at all times.
Barracuda will use Customer Data only in accordance with the Barracuda Privacy Policy.
5.2. Returns. Customer may cancel all Orders for new Products (excluding renewals, upgrades and migrations) within thirty (30) days of the Effective Date of any Term (“Cancellation Period”).” After the Cancellation Period, all Orders are non-cancellable and the Fees paid to Barracuda are nonrefundable. Fees for installation or training provided by Barracuda are non-cancellable and nonrefundable once performance commences.
6. Third Party Products and Services. Third party products or services may contain features designed to interoperate with the Products. To use such features,
Customer must obtain access to such third-party apps from their respective providers. If Customer chooses to utilize such third-party apps, the following terms shall apply:
(i) All governing terms and conditions, including data processing terms, shall be entered into between Customer and the applicable third-party app provider; (ii) Customer may be required to grant Barracuda access to Customer’s account on such third-party apps;
(iii) Customer instructs Barracuda to allow the third-party app provider to access Customer Data as required for interoperation with the Products; and (iv) In the event the operation of a third party app requires the processing of personal data to which the General Data Protection Regulation (“GDPR”) applies in a country that does not provide adequate data protection safeguards, then Customer and the third party app provider must put in place an adequate data transfer mechanism as set forth in Arts. 46 or 47 of the GDPR, including executing appropriate Standard Contractual Clauses, as needed. Barracuda shall not be responsible for any disclosure, modification or deletion of Customer Data resulting from access by such third-party app providers. Third party app providers do not operate as subprocessors to Barracuda. Barracuda is not liable for, and does not warrant or support, any such third-party apps. Barracuda cannot guarantee the continued availability of such third party apps, and may cease providing them without entitling Customer to any refund, credit or other compensation, if, for example, the provider of the third-party app ceases to make its product or service available in a manner acceptable to Barracuda.
7. Professional Services. If applicable, Professional Services will be provided in accordance with these General Terms and Schedule 6 (“Professional Services Terms”).
8. Support Services and Product Upgrades.
8.1. Support Services.
8.1.1. Support Services Purchase. Support Services may be purchased separately, or for Hosted Services, may be bundled into the price. Customer is not entitled to Support Services until Barracuda receives payment in full for such Support Services.
8.1.2. Support Services Entitlement. For Customers with active Support Services, the following shall apply:
8.1.2.1. Support Services will only be available for the specific Product for which the Support Services is purchased. Applying Updates or receiving Support Services on systems where no valid entitlement has been purchased is strictly forbidden and in violation of this Agreement.
8.1.2.2. For Hardware, Customer is entitled to receive replacement of defective hardware as set forth in Schedule 5 (“Support Services Terms”).
8.1.2.3. For Software, Customer is entitled to Updates to Software. Barracuda shall provide Customer with all Updates, without additional charge, in accordance with Schedule 5 (“Support Services Terms”). Upon Delivery to Customer, each Update will constitute Software and will thereafter be subject to and governed by this Agreement, including without limitation the license and warranty terms.
8.1.2.4. Support Services for Software are required at all times for continued access to the full functionality and proper operation of the Product. Customer acknowledges that failure to pay for ongoing Support Services will limit or degrade the functionality of the Products.
8.2. Upgrades. Upgrades are not included in Support Services, and may be purchased separately from Barracuda.
9. Intellectual Property.
9.1. Ownership of Barracuda Materials; Restrictions. All Intellectual Property Rights in Barracuda Materials belong exclusively to Barracuda and its licensors. Customer will not (and will not allow any third party to): (i) disassemble, decompile, reverse compile, reverse engineer or attempt to discover any source code or underlying ideas or algorithms in any Barracuda Materials (except to the limited extent that
applicable law prohibits reverse engineering restrictions); (ii) sell, resell, distribute, sublicense or otherwise transfer the Barracuda Materials, or make the functionality of the Barracuda Materials available to any other party through any means (unless Barracuda has provided prior written consent); (iii) without the express prior written consent of Barracuda, conduct any benchmarking or comparative study or analysis involving the Barracuda Materials (“Benchmarking”) for any reason or purpose except, to the limited extent absolutely necessary, to determine the suitability of Products to interoperate with Customer’s internal computer systems; (iv) disclose or publish to any third party any Benchmarking or any other information related thereto; (v) use the Barracuda Materials or any Benchmarking in connection with the development of products, services or subscriptions that compete with the Barracuda Materials; (vi) use any Barracuda trademarks for any purpose not expressly granted by Barracuda in advance and in writing; or (vii) reproduce, alter, modify or create derivatives of the Barracuda Materials.
9.2. Feedback. Customer hereby grants Barracuda a perpetual, irrevocable, worldwide license to use any Feedback (as defined below) that Customer communicates to Barracuda, without compensation, without any obligation to report on such use, and without any other restriction. Barracuda’s rights granted in the previous sentence include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. Notwithstanding the provisions of Section 12 (“Confidential Information”), Feedback will not be considered Customer’s Confidential Information. “Feedback” refers to any suggestion or idea for modifying any Products, including, without limitation, all Intellectual Property Rights in and to any such suggestion or idea.
10. Waiver of Consequential Damages and Limitation of Liability.
10.1. WAIVER OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES
SHALL EITHER PARTY, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR
RESPECTIVE AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING
FROM OR RELATED TO THE PRODUCTS, WHETHER SUCH CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
10.2. LIMITATION OF LIABILITY. THE TOTAL AGGREGATE LIABILITY OF
BARRACUDA AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR
RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT
SHALL BE LIMITED TO THE TOTAL AMOUNTS OWED OR PAID BY CUSTOMER FOR THE RELEVANT PRODUCTS DURING THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE FIRST OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH LIABILITY.
10.3. APPLICABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE; (C)
EVEN IF A PARTY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; (D) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON THE PRODUCTS, FROM INABILITY TO USE THE PRODUCTS OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN WILL APPLY ONLY TO
THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND NOTHING HEREIN PURPORTS TO LIMIT EITHER PARTY’S LIABILITY IN A MANNER THAT
WOULD BE UNENFORCEABLE OR VOID AS AGAINST PUBLIC POLICY IN THE APPLICABLE JURISDICTION.
11. Export and Compliance with Laws.
11.1. Export.
11.1.1. The Products, including technical data, are subject to U.S. export control laws, including, but not limited to, the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries.
Customer agrees to strictly comply with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export or import Products.
Barracuda provides multiple versions of Products targeted for specific geographic regions.
11.1.2. Customer shall not: (a) permit any third party to access or use the Products in violation of any U.S. law or regulation; (b) export the Products or otherwise relocate them unless such export and/or relocation is in full compliance with all applicable local and U.S. laws and regulations. Without limiting the foregoing, Customer shall not permit any third party to access or use the Products in, or export it to, a country subject to a United States embargo (currently, Cuba, Iran, North Korea, Sudan, the Crimea Region in the Ukraine and Syria); or (c) authorize the relocation of the Products to a prohibited entity, territory or country, or take any action otherwise in violation of any applicable restrictions or regulations.
11.2. Compliance with Laws. Customer agrees to comply with all applicable laws related to its performance of the obligations set forth in this Agreement, including, but not limited to, any applicable privacy laws.
11.2.1 If Customer is a United States Government agency, the Products and Documentation qualify as “commercial items”, as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R. 2.101), consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated, Government end user will acquire the Products and Documentation with only those rights set forth in this Agreement. Use of either the Products or Documentation or both constitutes an agreement by the Government that the Products and Documentation are “commercial computer software” and “commercial computer software documentation”, and constitutes acceptance of the rights and restrictions herein.
11.2.2. The Products are provided with Restricted Rights. Use, duplication or disclosure for or by the government of the United States, including without limitation any of its agencies or instrumentalities, is subject to restrictions set forth, as applicable: (i) in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19; or (ii) in similar clauses in other
federal regulations, including the NASA FAR supplement. The contractor or manufacturer is Barracuda. Customer shall not remove or deface any restricted rights notice or other legal notice appearing on the Products or on any packaging or other media associated with the Products.
12. Confidential Information.
12.1. Definition. “Confidential Information” refers to the following information disclosed by one party (“ Discloser”) to the other (“Recipient”): (a) any document Discloser marks as “Confidential” or “Proprietary”; (b) any information Discloser orally designates as being “Confidential” at the time of disclosure, or which given the circumstances of the disclosure and the nature of the information would reasonably be considered confidential; (c) the non-public features and functions of the Products, Barracuda’s price lists, technology, trade secrets, marketing strategies, customer lists, mail lists and information concerning the design or methods of manufacture of the Products, for which Barracuda is Discloser; (d) this Agreement; and (e) any other nonpublic, sensitive information disclosed by Discloser.
Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Recipient’s possession at the time of disclosure and not in violation of any confidentiality obligations; (ii) becomes known publicly, before or after disclosure, other than as a result of Recipient’s improper action or inaction; or (iii) is approved for release in writing by Discloser.
12.2. Maintenance of Confidentiality. Each party agrees that it shall: (i) take reasonable measures to protect the Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as the Recipient uses to protect its own confidential information of a similar nature; (ii) limit disclosure to those persons within Recipient’s organization who have a clear and well-defined “need to know” and who have previously agreed in writing to obligations at least as stringent as the provisions hereof, either prior to receipt of Confidential Information as a condition of their employment or in order to obtain the Confidential Information; (iii) not copy, reverse engineer, disassemble, create any works from, or decompile any prototypes, Products or other tangible objects which embody the other party’s Confidential Information and/or which are provided to the
party hereunder; and (iv) comply with, and obtain all required authorizations arising from, all U.S. and other applicable export control laws or regulations. Confidential Information shall not be used or reproduced in any form except as required to accomplish the purposes and intent of an Order or Statement of Work. Any reproduction of Confidential Information shall be the property of Discloser and shall contain all notices of confidentiality contained on the original Confidential Information.
12.3. Exceptions. The parties agree that the foregoing shall not apply to any information that Recipient can prove, through written evidence: (i) is or becomes publicly known and made generally available through no improper action or inaction of Recipient; (ii) was already in its possession or known by it prior to disclosure by Discloser to Recipient; (iii) is independently developed by Recipient without use of, or reference to, any of Discloser’s Confidential Information; or (iv) was rightfully disclosed to it by, or obtained from, a third party without an obligation of confidentiality. Recipient may make disclosures required by law or court order provided that Recipient: (a) uses diligent efforts to limit disclosure and to obtain, if possible, confidential treatment or a protective order; (b) has, to the extent legally permissible, given prompt advance notice to Discloser of such required disclosure.
12.4. Injunction. Recipient agrees that breach of this Section 12 would cause Discloser irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Discloser will be entitled to seek injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.
12.5. Return of Confidential Information. With respect to each item of Confidential Information, the obligations of Section 12.2 (“Maintenance of Confidentiality”) will terminate five (5) years after the date of disclosure. Upon termination of this Agreement, Recipient shall return all copies of Confidential Information to Discloser or certify, in writing, the destruction thereof. Where permissible by law, Recipient may retain one copy of all written materials returned to provide an archive record of the disclosure, which remains subject to the confidentiality terms of this Section 12.
12.6. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. Discloser will retain all right, title
and interest in and to all of its Confidential Information.
12.7. Collection of Customer Data. Customer agrees to allow Barracuda to collect Customer Data from its Products in order to enhance its security products and to optimize and monitor the performance of the Product. Customer Data will be collected electronically and automatically. Customer Data will be kept private and will only be reported by Barracuda in the aggregate.
13. Term, Termination, and Survival.
13.1. Term. This Agreement will become effective on the Effective Date and will continue in effect for such time as Customer maintains use or possession of Products.
13.2. Termination for Cause. Either party may terminate this Agreement upon written notice of a material breach by the other party subject to a thirty (30) day cure period (“Cure Period”). If the breaching party has failed to cure the breach within the Cure Period after receipt by the breaching party of written notice of such breach, the non‑breaching party may terminate this Agreement. This Agreement may be automatically terminated by Barracuda in the event Customer has breached any license restriction and, in Barracuda’s determination, that breach cannot be adequately cured within the Cure Period.
13.3. Support Services. Support Services will begin on the date of Delivery of the Products, and will continue in effect for the duration of the Support Term. Support Services will automatically renew at the end of any Support Term, at the thencurrent price, for an additional period equal to the length of the prior Support Term.
Either party may provide notification of its intention to not renew at least sixty (60) days prior to the expiration of the then-current Support Term. Customer may terminate Support at any time, for its convenience, on thirty (30) days’ prior written notice to Barracuda; provided, however, that no refund shall be owed and Customer is obligated to pay any remaining Fees owing for the remainder of the then-current Support Term within thirty (30) days of the effective date of the termination.
13.4. Subscriptions. The term of each Subscription will begin on the date of Delivery of the Products, and will continue in effect for the duration of the Subscription Term.
Subscriptions will automatically renew at the end of any Subscription Term, at the then-current price, for an additional period equal to the length of the prior Subscription Term. Either party may provide notification of its intention to not renew at least sixty (60) days prior to the expiration of the then-current Subscription Term.
Customer may terminate a Subscription at any time, for its convenience, on thirty (30) days’ prior written notice to Barracuda; provided, however, that no refund shall be owed and Customer is obligated to pay any remaining Fees owing for the remainder of the then-current Subscription Term within thirty (30) days of the effective date of the termination.
13.5. Hosted Services. The term of each Hosted Service will begin on the date of Delivery, and will continue in effect for the duration of the Hosted Service Term.
Hosted Services will automatically renew at the end of any Hosted Service Term, at the then-current price, for an additional period equal to the length of the prior Hosted Service Term. Either party may provide notification of its intention to not renew at least sixty (60) days prior to the expiration of the then-current Hosted Service Term. Customer may terminate a Hosted Service at any time, for its convenience, on thirty (30) days’ prior written notice to Barracuda; provided, however, that no refund shall be owed and Customer is obligated to pay any remaining Fees owing for the remainder of the then-current Hosted Service Term within thirty (30) days of the effective date of the termination.
13.6. Professional Services; Statements of Work. The term of each SOW will be as set forth in the applicable SOW. If no term is expressed in a SOW, then the term of that SOW will begin upon commencement of the Professional Services and will continue until the Professional Services described in that SOW are complete or the SOW is earlier terminated as set forth herein. Unless otherwise stated in a SOW, Customer may terminate a SOW at any time for its convenience by providing at least thirty (30) days’ prior written notice to Barracuda; provided, however, that no refund will be owed and Customer is obligated to pay any amounts owing for Professional Services and Deliverables provided or performed under that SOW up to and including the date of termination.
13.7. Effect of Termination. Except for termination of this Agreement by Barracuda for Customer’s breach, no termination of this Agreement shall impact any active
Subscription, Hosted Service, Support Services or SOW that extends beyond such termination, and this Agreement shall continue to govern and be effective until expiration or termination of such Subscription, Hosted Service, Support Services or SOW. The provisions of Section 4 (“Payment Terms”), Section 10 (“Waiver of Consequential Damages and Limitation of Liability”), Section 11 (“Export and Compliance with Laws”), Section 12 (“Confidential Information”), Section 14 (“Governing Law, Venue and Dispute Resolution”), and Schedule 2 (“Limited Warranty”) and any other terms which by their nature should survive termination shall survive termination of this Agreement.
14. Governing Law, Venue and Dispute Resolution.
14.1. GOVERNING LAW AND VENUE. THESE TERMS AND THE USE AND
PROVISION OF PRODUCTS WILL BE GOVERNED SOLELY BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO: (A) ANY CONFLICTS OF LAW
PRINCIPLES THAT WOULD APPLY THE SUBSTANTIVE LAWS OF ANOTHER JURISDICTION TO THE PARTIES’ RIGHTS OR OBLIGATIONS; (B) THE 1980 UNITED
NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS; OR (C) OTHER INTERNATIONAL LAWS. THE PARTIES CONSENT TO THE
PERSONAL AND EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
14.2. DISPUTE RESOLUTION . IF CUSTOMER LIVES IN THE UNITED STATES, THIS
SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS CUSTOMER’S RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE CUSTOMER MAY HAVE WITH BARRACUDA. PLEASE READ IT CAREFULLY.
The parties will attempt to resolve any claim, dispute or controversy (whether in contract, tort or otherwise) against Barracuda, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, “Barracuda”) arising out of or relating to this Agreement, the Barracuda Materials, Barracuda advertising, or any related purchase (a “Dispute”) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written
notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for NonAdministered Arbitration. The Arbitration will be conducted before one (1) independent and impartial arbitrator. The arbitration hearing shall take place in Cupertino, California and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrator shall base his or her award on the terms of this Agreement and will follow the law and judicial precedents that a United States District Court Judge sitting in the county of Santa Clara, California would apply to the Dispute. The arbitrator shall render his or her award in writing and will include the findings of fact and conclusion of law upon which his or her award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence, content and results of any negotiation, mediation or arbitration will be treated as confidential.
Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND
THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY
CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
15. Permission to Use Logo. Customer grants Barracuda permission to use Customer’s name and/or logo on the Barracuda website, or any other marketing material when referring to Customer. Customer will retain all title and rights in its name and logos.
16. Changes to Products. Barracuda reserves the right at any time to modify, suspend or discontinue providing the Products or any part thereof and to alter prices, features, Specifications, capabilities, functions, licensing terms, release
dates, general availability or other characteristics of any future releases in its sole discretion, without prior notice.
17. Relationship of the Parties. The parties intend that the relationship created between them by virtue of this Agreement shall be that of an independent contractor, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between them. Barracuda and its agents, employees and servants shall not be deemed to be an employee, agent or servant of Customer or its affiliated entities, if any. Barracuda is not to be considered an agent or employee of Customer for any purpose, and none of the benefits provided by Customer or its employees are available to Barracuda or Barracuda’s employees, agents or servants. Barracuda shall be solely and entirely responsible for Barracuda’s acts and for the acts of Barracuda’s agents, employees, servants and subcontractors during the performance of this Agreement.
18. Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and this Agreement will not be construed in favor of or against either party by reason of authorship. The headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof.
19. Force Majeure. Except with respect to payment of Fees, neither party shall be liable for any failure to timely perform any of its obligations under this Agreement if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including, without limitation, fire, flood, strikes, hurricanes, and other industrial disputes, failure of raw material, failure of transport, accidents, wars, riots, insurrections, acts of God or orders of any government department or agency.
20. Severability. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
21. Notices. Barracuda may send notices pursuant to this Agreement to Customer’s email contact points provided by Customer, and such notices will be deemed received 24 hours after they are sent. Customer may send notices pursuant to this
Agreement to Barracuda at 3175 South Winchester Blvd., Campbell, CA 95008, Attn: Legal Department, and such notices will be deemed received 72 hours after they are sent.
22. Entire Agreement, Waiver and Assignment.
22.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral. If any term or condition in this Agreement conflicts with any term or condition in any Order, invoice or similar supplementary document submitted by Customer, the term or condition set out in this Agreement shall prevail. Unless otherwise expressly and mutually agreed in writing by the parties, under no circumstances shall any Order, invoice or similar supplementary document issued by Customer in connection with the Products supersede the terms of this Agreement. Any such documentation shall be solely for Customer’s internal business purposes, and in no event shall any terms and conditions, or other charges of any such document modify or become a part of this Agreement or become binding on Barracuda, even if signed by Barracuda.
22.2. Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
22.3. Assignment. Customer may not assign or transfer any of its rights or obligations under this Agreement without Barracuda’s prior written consent.
Barracuda may freely assign its rights and obligations under this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void. Except to the extent forbidden in this section, this Agreement will be binding upon and inure to the benefit of the parties’ respective successors and assigns.
Revised: September 22, 2020
City Council
STAFF REPORT
Date: February 15, 2023 Agenda Item:
2.J.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: City Council
SUBJECT:
Acceptance and Award of Contract for the Procurement of New John Deere 5105M Tractor for the George Ingalls Equestrian Event Center
RECOMMENDATION:
Accept Sourcewell Purchase Contract Number 110719-JDC and award contract to RDO Agriculture Equipment Co. in the amount of $83,000 for the purchase of a new John Deere 5105M Tractor for the George Ingalls Equestrian Event Center.
SUMMARY:
This past year, the Kubota tractor used for the majority of the events at the George Ingalls Equestrian Event Center has had an increase in mechanical problems. The mechanical problems have caused disruptions in our daily maintenance operations and have threatened the cancellation of events. While we work with rental companies on replacement tractors for events, we are not guaranteed that we will always be able to rent a tractor with the same capabilities. Since the Kubota tractor is the main tractor used to groom the arenas, a replacement of the tractor with the new John Deere 5105M Tractor (Attachment A) is in order.
BACKGROUND:
The Kubota tractor was originally purchased in 2013 for $67,000 and has served the City well for the past decade; currently, it has 3,800 hours of use. Over the past two years, the City has spent in excess of $11,000 on repairs that have required it to be offsite for weeks at a time. These costs do not include routine maintenance tasks such as oil changes and tires.
Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts on behalf of its participating agencies. Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts
for goods and services. Contract 110719-JDC between Sourcewell and Deere & Company expires December 30, 2023 (Attachment B).
The new John Deere 5105M Tractor is an agricultural tractor that offers additional horsepower to operate at a lower RPM that will potentially extend the life of the tractor.
The John Deer has all the connections needed for the various implements used for grooming the arenas. The tractor also includes a temperature controlled enclosed cab and ergonomic seating that provides a more comfortable setting for the equipment operator. The John Deere 5105M tractor includes automated emission control, LED safety lights, and a manufacture warranty of 2 years or 2,000 hours. The new tractor will have front weight support that will offer additional stability and maneuverability. The delivery of the new John Deere tractor is estimated at 6-8 months.
FISCAL IMPACT:
An amount not to exceed $83,000 including tax, shipping and State of California licensing fee is available and allocated for this purchase from the Vehicle Replacement Fund 128.
There is $94,000 in accumulated reserves for the John Deer 5105M Tractor.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction No. 5 - Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Attachment A
Attachment B
110719-JDC - Price Information
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
US
Confidential
Salesperson : X ______________ Accepted By : X ______________ Quote Summary
Prepared For:
CITY OF NORCO
3900 ACACIA AVE
NORCO, CA 92860
Business: 951-270-5606
Delivering Dealer:
RDO Agriculture Equipment Co
Stefanie Miller
20 Iowa Avenue
Riverside, CA 92507
Phone: 951-682-5353
[email protected]
* No Current ETA available Quote ID: 28104906
23 January 2023
25 January 2023
Created On:
Last Modified On:
Expiration Date: 22 February 2023
Equipment Summary Selling Price Qty Extended
JOHN DEERE 5105M Utility Tractor $ 76,138.44 X 1 = $ 76,138.44 Contract: Sourcewell Ag 110719-JDC (PG BA CG 23)
Price Effective Date: January 22, 2023
Equipment Total $ 76,138.44
* Includes Fees and Non-contract items Quote Summary
Equipment Total $ 76,138.44
Trade In
SubTotal $ 76,138.44
Sales Tax - (8.75%) $ 6,662.11
CA Tire Fee $ 7.00
Sourcewell Delivery
Fee
$ 150.00
Est. Service
Agreement Tax
$ 0.00
Total $ 82,957.55
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 82,957.55
Quote 28104906
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
951-682-5353
[email protected]
Quote Id: 28104906 Customer Name: CITY OF NORCO
Selling Equipment
Confidential
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
US
JOHN DEERE 5105M Utility Tractor
Hours:
Stock Number:
Contract: Sourcewell Ag 110719-JDC (PG BA CG 23)
Price Effective Date: January 22, 2023
Selling Price *
$ 76,138.44
* Price per item - includes Fees and Non-contract items Code Description Qty List Price Discount% Discount
Amount
Contract
Price
Extended
Contract
Price
19BGPY 5105M Utility Tractor 1 $ 79,345.00 22.00 $ 17,455.90 $ 61,889.10 $ 61,889.10 Standard Options - Per Unit
182A Less AutoTrac™/Less
ISOBUS
1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
183A JDLink™ Capable 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0202 United States 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
0409 English Operators Manual 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0500 Less Package 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
878B Battery Disconnect Switch 1 $ 168.00 22.00 $ 36.96 $ 131.04 $ 131.04 1380 PowrReverser™ 16F/16R
40 km/h
1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
1799 Less Loader Prep Package 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1950 Less Application 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2055 Standard Cab 1 $ 14,681.00 22.00 $ 3,229.82 $ 11,451.18 $ 11,451.18 2120 Air Suspension seat 1 $ 1,037.00 22.00 $ 228.14 $ 808.86 $ 808.86 2400 Less Instructional Seat 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2511 Mirror Telescopic LH & RH 1 $ 373.00 22.00 $ 82.06 $ 290.94 $ 290.94 3025 Corner Post Deluxe Exhaust 1 $ 737.00 22.00 $ 162.14 $ 574.86 $ 574.86 3326 3 Mechanical Stackable
Rear SCV
1 $ 1,083.00 22.00 $ 238.26 $ 844.74 $ 844.74
3400 Less Mid SCVs 1 $ -1,147.00 22.00 $ -252.34 $ -894.66 $ -894.66 3820 Two Speed PTO - 540/540E 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4004 Front Weight Support - (55
kg/121 lbs)
1 $ 225.00 22.00 $ 49.50 $ 175.50 $ 175.50
4010 Mechanical Rear Hitch
Control
1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
4110 Telescoping Draft Links with
Ball End - Category 2
1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
4160 LH Only Adjustment Lift Link 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Quote 28104906
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
951-682-5353
[email protected]
Quote Id: 28104906 Customer Name: CITY OF NORCO
Selling Equipment
Confidential
ALL PURCHASE ORDERS MUST BE MADE OUT
TO (VENDOR):
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
US
4210 Mechanical Center Link with
Ball Ends - Category 2
1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
4313 Drawbar with Hammerstrap 1 $ 159.00 22.00 $ 34.98 $ 124.02 $ 124.02 4420 LH & RH Stabilizer Bar 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 5010 Flange Axle 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
5090 Steel Rear Wheels 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 5133 460/85R30 (18.4R30) R1W
Radial
1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
5999 No Tire Brand Preference 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6040 MFWD Front Axle 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6203 320/85R24 (12.4R24) R1W
Radial
1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
8731 Full LED Lighting Package
with Headlights
1 $ 669.00 22.00 $ 147.18 $ 521.82 $ 521.82
Standard Options Total $ 17,985.00 $ 3,956.70 $ 14,028.30 $ 14,028.30 Technology Options/Non-Contract/Open Market
1900 Less Display 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
1880 Less Receiver 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00
Technology Options Total $ 0.00 $ 0.00 $ 0.00 $ 0.00
Dealer Attachments/Non-Contract/Open Market
BSJ10442 Backup Alarm Kit 1 $ 229.95 22.00 $ 50.59 $ 179.36 $ 179.36 AL203265 Service Horn 1 $ 53.43 22.00 $ 11.75 $ 41.68 $ 41.68 Dealer Attachments Total $ 221.04 $ 283.38 $ 62.34 $ 221.04 Value Added Services
Total
$ 0.00 $ 0.00 $ 0.00
Total Selling Price $ 97,613.38 $ 21,474.94 $ 76,138.44 $ 76,138.44 Quote 28104906
ALL PURCHASE ORDERS MUST BE SENT
TO DELIVERING DEALER:
RDO Agriculture Equipment Co
20 Iowa Avenue
Riverside, CA 92507
951-682-5353
[email protected]
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Solicitation Number: RFP#110719
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Deere & Company, 2000 John Deere Run, Cary, NC 27513 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires December 30, 2023, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site.
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This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. LAWS AND REGULATIONS. All Equipment, Products, or Services must comply fully with applicable federal laws and regulations, and with the laws of the state or province in which the Equipment, Products, or Services are sold.
C. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member.
D. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase.
When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
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Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member.
B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number
x Clearly specify the requested change
x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.
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5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS
A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell.
Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws.
6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member.
B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal.
C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order.
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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
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The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State;
x Customer Zip Code;
x Sourcewell Assigned Entity/Member Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
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A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, masterservant, principal-agent, or any other relationship.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
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If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws.
15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
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remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
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1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
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B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract.
Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members.
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22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member.
Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
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wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
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the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
110719-JDC
15 Rev. 4/2019
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination.
Sourcewell Deere & Company
By: __________________________ By: __________________________ Jeremy Schwartz Andrew Roman
Title: Director of Operations &
Procurement/CPO
Title: Contract Administrator
Date: ________________________ Date: ________________________ Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
RFP 110719 - Ag Tractors with Related Attachments, Accessories, and Supplies
Vendor Details
Company Name: Deere & Company
2000 John Deere Run
Address:
Cary, NC 27513
Contact: Andrew Roman
Email: [email protected]
Phone: 800-358-5010 2285
Fax: 309-749-2313
HST#: 362382580
Submission Details
Created On: Wednesday October 02, 2019 13:10:29
Submitted On: Thursday November 07, 2019 10:26:36
Submitted By: Andrew Roman
Email: [email protected]
Transaction #: fc7b4092-1aab-463f-88f9-e8f4dbc9e793
Submitter's IP Address: 165.225.0.97
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
Specifications
Table 1: Proposer Identity & Authorized Representatives Line
Item Question Response *
1 Proposer Legal Name (and applicable
d/b/a, if any):
Deere & Company *
2 Proposer Address: 2000 John Deere Run Cary, NC
27513 *
3 Proposer website address: www.johndeere.com *
4 Proposer's Authorized Representative
(name, title, address, email address &
phone) (The representative must have
authority to sign the “Proposer’s
Assurance of Compliance” on behalf of
the Proposer):
Andrew Roman - Contract Administrator
2000 John Deere Run, Cary, NC 27513
[email protected]
800-358-5010 Ext. 2285 *
5 Proposer's primary contact for this
proposal (name, title, address, email
address & phone):
Andrew Roman - Contract Administrator
2000 John Deere Run, Cary, NC 27513
[email protected]
800-358-5010 Ext. 2285
*
6 Proposer's other contacts for this
proposal, if any (name, title, address,
email address & phone):
Michael Garrette - Government Business Manager 19695 Embers Avenue, Farmington, MN 55024 [email protected]
908-442-3455
Table 2: Company Information and Financial Strength
Line
Item Question Response *
7 Provide a brief history of your company, including
your company’s core values, business philosophy,
and industry longevity related to the requested
equipment, products or services.
Deere & Company, founded in 1837 (collectively called John Deere), began as a simple oneman blacksmith shop. Today it’s grown into corporation that does business around the world and employs over 74,000 people worldwide. The company is guided by the same core values established by its founder: integrity, quality, commitment and innovation. John Deere is the world's leading provider of advanced products and services for agriculture and forestry and a major provider of advanced products and services for construction and lawn & turf. John Deere also provides financial services worldwide and manufactures and markets engines used in heavy equipment. Deere & Company is a global company with offices and factories throughout the U.S. and overseas in countries such as China, India, Poland, Russia and Germany just to name a few. John Deere has been involved with the manufacturing of tractors since 1918. *
8 Provide a detailed description of the products and
services that you are offering in your proposal.
John Deere will offer its complete product offering for ag tractors, implements and related equipm include: 1. Small, Mid and Large frame ag
attachments 2. Material handling attachments (tractor loaders, flail mowers, scrapers, shredders, b
4. Combines
5. Cotton
6. Hay & Forage (balers, disk mowers, etc.) 7. Tillage (plows, harrows, etc.) 8. Planting & Seeding (planters, drills, air seeders) 9. Self propelled sprayers 10. Ag Management Solutions 11. Frontier implements and attachments
*
Our independent dealer network will provide aftermarket services upon request. 9 What are your company’s expectations in the
event of an award?
John Deere will be able to offer a wide array of products that fall within the scope of this RFP that will meet and exceed the needs of all Sourcewell members. * 10 Demonstrate your financial strength and stability
with meaningful data. This could include such items
as financial statements, SEC filings, credit and
bond ratings, letters of credit, and detailed
reference letters. Upload supporting documents (as
applicable) in the document upload section of your
response.
Our 2018 Annual Report has been uploaded as part of our proposal. *
11 What is your US market share for the solutions
that you are proposing?
John Deere considers its market share data to be proprietary information. * 12 What is your Canadian market share, if any? John Deere considers its market share data to be proprietary information. * 13 Has your business ever petitioned for bankruptcy
protection? If so, explain in detail.
No. *
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
14 How is your organization best described: is it a man your written authorization to act as a distributor/deale with your sales and service force and with your dea
John Deere is a manufacturer. a. John Deere has a nationwide dealer network. The dealer netw operated businesses. b. John Deere partners with independently owned John Deere dealers that being offered in the RFP.
*
15 If applicable, provide a detailed explanation
outlining the licenses and certifications that are
both required to be held, and actually held, by
your organization (including third parties and
subcontractors that you use) in pursuit of the
business contemplated by this RFP.
To the best of our knowledge, Deere & Company maintains all licenses and certifications necessary to conduct its business (e.g. its sale of agricultural equipment) in the United States. *
16 Provide all “Suspension or Disbarment” information
that has applied to your organization during the
past ten years.
Not applicable.
*
17 Within this RFP category there may be
subcategories of solutions. List subcategory titles
that best describe your products and services.
List of subcategory products and services John Deere will offer within this RFP include: 1.
Material handling attachments (tractor loaders, flail mowers, scrapers, shredders, backhoes) 2.
Rotary cutters
3. Combines
4. Cotton
5. Hay & Forage (balers, disk mowers, etc.) 6. Tillage (plows, harrows, etc.) 7. Planting & Seeding (planters, drills, air seeders) 8. Self propelled sprayers 9. Ag Management Solutions 10. Frontier implements and attachments
*
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
18 Describe any relevant industry awards or 2018
recognition that your company has received in Best Global Brand - Interbrand the past five years World's Most Ethical Companies - Ethisphere Institute (12th Year) Top 10 Innovative Company - American Innovation Index
Corporate Partner of the Year - National Society of Black Engineers 2017
World's Most Admired Companies - Fortune Magazine # 50
50 Best Places to Work in the US - Indeed.com
US Chamber of Commerce Foundation Citizens Award
Company of the Year - Society of Hispanic Professional Engineers *
2016
2016 Good Design Award - Good Design is one of the oldest, prestigious and most recognized program for design excellence worldwide.
2015
Gold Status Pillar of the Industry Award - Association of Equipment Manufacturers 2014
Deere & Company has been selected 16th on the 2014 Global Top Companies for Leaders list – a comprehensive study that recognizes best-in-class management practices, especially in the area of leadership development.
19 What percentage of your sales are to the
governmental sector in the past three
years
Due to proprietary information, we would prefer not to provide the sales volume history of government agencies. We can assure you that we are a partner who is fully aligned with governmental customer purchase requirements. With a dedicated governmental sales department that works solely with public agencies and our dealer network, we continue to increase our sales volume in this key segment.
*
20 What percentage of your sales are to the
education sector in the past three years
Due to proprietary information, we would prefer not to provide the sales volume history of education agencies. We can assure you that we are a partner who is fully aligned with educational customer purchase requirements. With a dedicated governmental sales department that works solely with public agencies and our dealer network, we continue to increase our sales volume in this key segment.
*
21 List any state or cooperative purchasing contracts
that you hold. What is the annual sales volume
for each of these contracts over the past three
years?
John Deere currently holds over 110 government contracts consisting of federal, state, county and cooperative contracts. The state, county and cooperative sales volumes are combined.
The sales volumes over the past three years are as follows:
2018 - $305.5M
2017 - $295.5M
2016 - $279.6M
*
22 List any GSA contracts that you hold. What is John Deere currently holds the following GSA Contracts:
the annual sales volume for each of these Ag Tractor Contract #GS-30F-0007T contracts over the past three years? UV Contract #GS-07F-9670S L&G Contract #GS-06F-0083S
*
The total sales volume for the GSA contracts over the past three years are as follows:
2019 = $21.0M
2018 - $15.3M
2017 - $17.1M
Table 4: References/Testimonials
Line Item 23. Supply reference information from three customers who are eligible for Sourcewell membership.
Entity Name * Contact Name * Phone Number *
Iowa Department of Transportation Jennifer Monserud 515-239-1607 * Mt. San Antonio College, Walnut CA Sandi Horn 909-274-5509 * Anne Arundel County, Maryland Dale Eutsler 410-222-7665 * State of Indiana - Sourcewell Participating
Addendum
Stephanie Nelson 317-234-0963
State of Arkansas - Sourcewell Participating
Addendum
John Leverett 501-683-2222
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
Table 5: Top Five Government or Education Customers
Line Item 24. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type * State /
Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years * Coop - Government Texas - TX Complete Price Page Contract for all Varies FY19 = $11.5M Buyboard John Deere product categories. FY18 = $10.4M
Grounds FY17 = $13.0M *
Maintenance
Contract
MI - Ag, Government Michigan - MI Complete Price Page Contract for all Varies FY19 = $8.1M Grounds and John Deere product categories. FY18 = $8.6M Roadside FY17 = $11.0M *
Equipment
Contract
OH - Ag Government Ohio - OH Complete Price Page Contract for all Varies FY19 = $12.8M Machinery,
Mowers &
John Deere product categories. FY18 = $20.7M
FY17 = $17.4M *
Tractors Contract
OK - Government Oklahoma - OK John Deere Ag Tractors and Related Varies FY19 = $11.5M Agriculture, Equipment FY18 = $10.3M
Trees & Brush
Maintenance
FY17 = $7.0M *
Equipment
Contract
PA - Ag and Government Pennsylvania - PA Complete Price Page Contract for all Varies FY19 = $9.2M Grounds John Deere product categories. FY18 = $9.8M
Keeping Power FY17 = $8.3M *
Equipment
Contract
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell Members across the US, and Canada if applicable.Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item Question Response *
25 Sales force. John Deere has dedicated governmental sales department, based out of Cary, NC, that focuses 100% of their time on the sales and processing of agricultural and turf equipment to governmental and other public agencies. We have a total of 6 Government Business Managers, one of which is dedicated strictly to federal sales. The 5 remaining Government Business Managers are ultimately responsible for state governmental sales in their respective geographies, dedicating 100% of their time to growing the John Deere governmental sales business. The government business managers develop relationships and understand the equipment needs of federal purchasing agents, state purchasing agents and state fleet administrators, i.e. Department of Transportation, Department of Natural Resources. The government business managers also work with John Deere dealers to provide training and a greater understanding of the selling process. The John Deere dealer is ultimately responsible for delivering and supporting the equipment. In relation to the potential Sourcewell Ag Tractors with Related Attachment Contract, the government business managers would promote the contract to state purchasing agents and state fleet administrators, who either do not have their own state purchasing contract or have product gaps in their contracts. *
26 Dealer network or other distribution methods. John Deere has a nationwide independent dealer network offering best-in-class parts, service, and support. We know the government customer and make everything easy, from the initial purchase to service and support. Our dealer network, with over 1,700 locations nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after-hours service (varies by dealer) and online support (online parts ordering system), which gives end-users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed.
Most dealers also offer some form of mobile maintenance service, which provides on-site service. Dealer technicians are factory-trained on the service and support of the products offered in this RFP.
*
27 Service force. John Deere has a nationwide independent dealer network offering best-in-class parts, service, and support. We know the government customer and make everything easy, from the initial purchase to service and support. Our dealer network, with over 1,700 locations nationwide, would be responsible for delivering and servicing the equipment sold to end users using this contract. John Deere dealers offer a combination of after-hours service (varies by dealer) and online support (online parts ordering system), which gives end-users the service needed to avoid costly downtime. The John Deere parts ordering system is available for all dealers and gives them access to over 800,000 unique parts which are ready to ship overnight, if needed.
Most dealers also offer some form of mobile maintenance service, which provides on-site service. Dealer technicians are factory-trained on the service and support of the products offered in this RFP.
*
28 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.
The support of the equipment ultimately takes place through the John Deere dealer network.
While customer service inevitably varies within the dealer network, the consistent training that is offered by John Deere Company to dealer technicians and parts personnel helps provide each agency with a similar customer experience. Should there be a need for equipment service, it will be the Sourcewell member’s responsibility to contact the delivering dealer for service. The member can also work with other dealers if necessary, as warranty and service work can be performed by any authorized John Deere dealer. In the event of service issues that cannot be solved by the John Deere dealer, the dealer works with John Deere Company’s dealer technical assistance center for elevated support.
*
As far as the John Deere Government Sales Department, we have an entire department of approximately 30 people dedicated to government sales. This includes an Order Management Team, that within an average of 7 days of submission, audits and processes every PO to verify contract pricing and verify the items quoted are eligible for the contract. Contract Administrators in the department ensure contract compliance is maintained. 29 Identify any geographic areas of the United
States or Canada that you will NOT be fully
serving through the proposed contract.
John Deere will serve the entire United States, including Alaska and Hawaii and Canada. *
30 Identify any Sourcewell Member sectors (i.e.,
government, education, not-for-profit) 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?
John Deere will serve all Sourcewell Member sectors.
*
31 Define any specific contract requirements or
restrictions that would apply to our Members in
Hawaii and Alaska and in US Territories.
John Deere will only ship to Alaska and Hawaii. For deliveries to Alaska or Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. The equipment will be FOB origin. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. For all other deliveries within the continental US, the equipment will be FOB destination (the Sourcewell member will NOT be charged factory freight to the delivering dealer).
*
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
Table 7: Marketing Plan
Line
Item Question Response *
32 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.
John Deere currently uses several forms of marketing to target the governmental and public customer segment:
1. We have created a website where we prominently advertise the cooperative contracts we currently hold.
2. Each year, the company produces a purchasing guide for government equipment. This purchasing guide, available in both print and electronic Flash Drive format, is used by the John Deere dealer network to promote the products.
3. John Deere provides templates online for dealers to create their own mailings to promote products to governmental and public agencies.
*
4. John Deere also prints detailed marketing brochures for the products being offered in this RFP.
This literature is made available to dealers and includes features and benefits and equipment specifications.
A sample of marketing materials have been uploaded for review. The Marketing Literature Sample.pdf contains 2019 Government Calendar, 2019 Government Municipal Lease Literature, Government Sales Folder Packet and Government Sport Turf Banner. 33 Describe your use of technology and
digital data (e.g., social media, metadata
usage) to enhance marketing
effectiveness.
JohnDeere.com provides detailed product information for the products being offered in this RFP.
Customers are able to view information on product features, specifications, and accessories. Utilizing JohnDeere.com, Sourcewell members would be able to “build-their-own” product. Customers choose the product category and subsequent product options to configure their desired piece of equipment.
Manufacturer’s Suggested Retail List Price is shown. The website will not show the Sourcewell contract discount, but if the Sourcewell member knows the discount on the particular product category, they will be able to determine their purchase price. *
34 In your view, what is Sourcewell’s role in pro
Sourcewell- awarded contract into your sales
Sourcewell will play a key role in working with and supporting the John Deere Government Business Managers, by helping the Business Managers promote the Sourcewell contract and recognize key opportunities in states that show a willingness to adopt Sourcewell. Conference calls and/or webinars with the John Deere Government Business Managers will be a valuable tool. Because the Business Managers have a strong relationship with the John Deere dealers, the business managers will help the dealers understand the contract and market it in their particular areas. The business managers will help the John Deere dealers understand the steps necessary to sign up new Sourcewell members as well. Furthermore, in certain geographies, webinars could be used to help John Deere dealers understand the Sourcewell contract. These opportunities would typically be initiated by John Deere and considered on an individual basis depending on the needs of a particular region. *
35 Are your products or services available throu
e- procurement system and how governmen
We currently use E-procurement systems in North Carolina and Virginia (eVA) because we are contractually required to do so. The system does provide the state a constant record of sales activity, however, administratively, E-procurement is not a seamless process for us. When it comes to John Deere equipment, there are thousands of equipment configurations. Because Deere’s price pages are in pdf format, we cannot just simply upload the pricing into the E-procurement systems.
We have to manually construct base machines by model and enter them individually. Doing it this way means the agency is not getting the complete picture of what we have available. They’re only getting a “sample”. For this most part, agencies still feel most comfortable with working directly with the dealer to ensure they’re getting equipment that will best suit their needs. *
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
Table 8: Value-Added Attributes
Line
Item Question Response *
36 Describe any product, equipment,
maintenance, or operator training
programs that you offer to Sourcewell
Members. Include details, such as
whether training is standard or
optional, who provides training, and
any costs that apply.
The John Deere dealer is ultimately responsible for delivering and supporting the equipment. However, any Sourcewell member will be encouraged to call the John Deere governmental sales direct toll-free number (800-358-5010, option 2) for assistance with locating their nearest dealer. John Deere does offer distance-learning classes on the operation and adjustment of equipment for certain products. To date, this has primarily been for larger equipment, targeted at farm customers. Many John Deere dealers offer local training, which is at the discretion of the dealer. *
37 Describe any technological advances
that your proposed products or
services offer.
John Deere Power Tech Final Tier 4 engines 75 HP and above are built on a proven platform of emissions control technologies including:
1. Cooled exhaust gas recirculation (EGR) 2.
Exhaust filters 3. Selective catalytic reduction (SCR)
*
ExactRate Planter Fertilizer System 1. Reduces fertilizer usage by up to 8%. 2. Improve fertilizer placement accuracy by up to 20% 38 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.
John Deere has created a Product Sustainability goal where we offer machines and technology solutions include: 1. Reduce environment impact, including CO2 emissions on 90% o
2. Increase the use of sustainable materials by growing remanufactured and rebuild sales by 30%.
3. Increasing recyclable, renewable and recycled content. *
39 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.
Sustainability is foundational to the John Deere strategy. We are committed to reducing the environmental impact on 90% of new products to include carbon emission reductions and invest $4 Million dollars per day in research and development. Further we have received the following awards:
Best Global Brands - Interbrand
Top Ten Innovative Companies in U.S. - American Innovation Index World's Most Ethical Companies - Ethisphere Institute *
40 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.
John Deere continues to proactively engage small and diverse businesses to support the economic growth of communities. A recent small business compliance review reaffirmed John Deere truly has an active Supplier Diverse program.
*
41 What unique attributes does your
company, your products, or your
services offer to Sourcewell Members?
What makes your proposed solutions
unique in your industry as it applies
to Sourcewell members?
John Deere’s founder was best known for his work with the first commercially successful plow. And so it is today that we are perhaps best known for our quality agricultural equipment. We also take the lead worldwide in construction and forestry equipment. We're a major force in grounds maintenance and commercial landscape equipment. Also, John Deere Financial is one of the largest equipment finance companies.
*
42 Identify your ability and willingness to
provide your products and services to
Sourcewell member agencies in
Canada.
John Deere will serve Sourcewell member agencies in Canada. The Canadian John Deere dealer network is able to service equipment throughout Canada. * DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
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 *
43 Do your warranties cover all products, parts, and labor? See paragraph A of the attached warranty statement. * 44 Do your warranties impose usage restrictions or other limitations that adversely affect coverage?
Per the attached warranty statement paragraph B, the warranty term (time period and usage limits) varies by product. *
45 Do your warranties cover the expense of technicians’ travel time and mileage to perform warranty repairs?
Per the attached warranty statement paragraph A, the purchaser will be responsible for any service call and/or transportation of equipment to and from the authorized dealer’s place of business (except where prohibited by law), for any premium charged for overtime labor requested by the purchaser and for any service and/or maintenance not directly related to any defect covered under these warranties. *
46 Are there any geographic regions of the United States (and Canada, if applicable) for which you cannot provide a certified technician to perform warranty repairs? How will Sourcewell Members in these regions be provided
service for warranty repair?
The John Deere dealer network is able to service equipment throughout the United States and Canada.
*
47 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?
John Deere is only submitting equipment manufactured by John Deere. *
48 What are your proposed exchange and return programs
and policies?
John Deere exchanges and returns will not be permitted. * 49 Describe any service contract options for the items
included in your proposal.
John Deere is not including service contract options with our proposal. * Table 10: Payment Terms and Financing Options
Line
Item Question Response *
50 What are your payment terms (e.g., net 10, net 30)? John Deere's payment terms are Net 30. * 51 Do you provide leasing or financing options, especially those options that schools and governmental entities may need to use in order to make certain acquisitions?
John Deere offers financing and leasing options through John Deere Financial. The John Deere Municipal Lease Purchase Plan is a special low- rate financing plan that is designed to provide flexibility of leasing while building equity toward ownership of the John Deere equipment. Any state or local government body or their political subdivisions may be eligible for the John Deere Municipal Lease Purchase Plan, subject to approval and if the agencies rules and guidelines allow. John Deere Financial also offers other leasing and financing options for governmental, educational, and non- profit entities, subject to approval.
*
52 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell Members’ purchase orders.
The order process will follow a Business-to-Government order process. Our dealer network will be quoting equipment, accepting purchase orders, delivering and servicing the equipment. The Sourcewell Member or John Deere dealer will submit a purchase order to John Deere Government Sales for processing, noting the Sourcewell contract number on the PO and the Member’s preferred delivering dealer. John Deere will invoice the member upon delivery of the product. The equipment will be delivered by the designated dealer.
*
53 Do you accept the P-card procurement and payment process? If so, is there any additional cost to Sourcewell Members for using this process?
No.
*
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
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 desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response *
54 Describe your pricing model (e.g., line-item discounts or product- cat materials (if applicable) in the document upload section of your resp John Deere is offering product-category discounts. See uploaded Price Schedule and Price Pages.pdf.
*
55 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.
The percentage discount range is 14% to 24% off Current MSRP. *
56 Describe any quantity or volume discounts or rebate programs that you offer.
John Deere offers a Multiple Unit Discount (MUD) based on the following schedule:
3-4 units – 1%
5-6 units – 2%
7-8 units – 3%
9 units or more – 4% *
For sales of three or more like self-propelled equipment sold to one customer on the same purchase order qualifies for an additional discount.
Implements and attachments sold with and for self-propelled ride-on machines are also eligible for multi-unit discounts, but do not count towards the total number of ride-on units, which determines the multi-unit discount percentage. Frontier Equipment is excluded from the Multiple Unit Discount. 57 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.
John Deere can offer “Sourced Goods” to Sourcewell Members. What Sourcewell calls “Sourced Goods” John Deere calls non-contract items and allied items. We define non-contract as John Deere items that are not on contract (like parts and catalog items that say “See Parts” or “See Catalog” in our price pages). Allied equipment is defined as non-John Deere equipment (ex. Tiger mower). Non-contract and allied items would be sold as “open market” and the price of the item would be negotiated between the John Deere dealer and the Sourcewell Member. The non-contract/allied item would appear on the purchase order (PO) with the contract item but would be listed as “non-contract”. For example, a Sourcewell Member could purchase a John Deere Ag Tractor, a canopy (non-contract) and a Tiger mower (allied) by utilizing the Sourcewell contract. The price of the canopy and Tiger mower would be determined by the John Deere dealer and both would be listed on the PO as non-contract items. We successfully use this process on other contracts.
*
58 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 pre-delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member.
The dealer may charge $4.00 per loaded mile to deliver equipment from the dealership to the agency's location. The charge must appear on the quote or purchase order.
*
59 If freight, delivery, or shipping is an additional cost to the Sourcewell Member, describe in detail the complete freight, shipping, and delivery program.
For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. *
The dealer may charge $4.00 per loaded mile to deliver equipment from the dealership to the agency's location. The charge must appear on the quote or purchase order.
60 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery.
For deliveries to Alaska, Hawaii, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member. *
61 Describe any unique distribution and/or delivery methods or options offered in your proposal.
None. *
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 62 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
Table 13: Audit and Administrative Fee
Line
Item Question Response *
63 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 Members obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell.
The Sourcewell member will receive their equipment quote directly from the John Deere dealer. The dealer is able to create the quote by utilizing the contract information (discounts, contract guidelines, eligible equipment, etc.) that we have posted on our website as well as a quoting tool that we’ve made available to them. The member will submit their purchase order (PO), with contract number noted, to the dealer. John Deere will be listed as the vendor on the PO and the dealer, who created the quote, will be the delivering dealer.
The dealer will then upload the quote and the PO to Deere’s online order management system. Our Order Management Team will then retrieve the quote and the PO and audit them based on the contract guidelines. If an issue is discovered with PO and/or quote, the Order Management Team will then contact the dealer and work with the dealer and the member to get the issue resolved.
*
64 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.)
John Deere will pay a 1% administrative fee.
*
Table 14: Industry Specific Questions
Line
Item Question Response *
65 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.
John Deere looks forward to annual business reviews with Sourcewell account managers.
During these reviews, we discuss plans and volume goals and normally include percentage sales increase. Our metrics & goals for 2020 and beyond includes this discussion. * 66 Describe any industry-specific quality
management system certifications obtained by
your organization.
Several John Deere manufacturing facilities operate a quality management system which compiles with the requirements of ISO 9001. *
67 Describe any preventative maintenance
programs that your organization offers for the
solutions you are proposing in this response.
John Deere is not providing preventive maintenance programs as part of its RFP response.
However, Sourcewell Members will be able to purchase these programs directly from dealers utilizing the “Sourced Equipment/Products and/or related Services” method outlined in Line Item 57 in Table 11: Pricing and Delivery.
*
Table 15: 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.
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
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 “MarketingPlan.”
Financial Strength and Stability - 2018_John-Deere-Annual-Report.pdf - Monday November 04, 2019 12:17:59 Marketing Plan/Samples - Marketing Literature Samples.pdf - Monday November 04, 2019 15:58:35 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Warranty Stmt - Ag & Turf.pdf - Monday November 04, 2019 12:18:39 Pricing - Price Schedule and Price Pages.pdf - Tuesday November 05, 2019 14:17:01 Additional Document - Supplement Information.pdf - Wednesday November 06, 2019 10:47:12 DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
Proposers Assurance of Comp
PROPOSER ASSURANCE OF COMPLIANCE
PROPOSER’S AFFIDAVIT
The undersigned, authorized representative of the entity submitting the foregoing proposal (the “Proposer”), swears that the following statements are true to the best of his or her knowledge.
1. The Proposer is submitting its proposal under its true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, the Proposer possesses, or will possess before delivering any products and related services, all applicable licenses necessary for such delivery to Sourcewell member agencies. The undersigned affirms that he or she is authorized to act on behalf of, and to legally bind the Proposer to the terms in this Contract.
2. The Proposer, or any person representing the Proposer, has not directly or indirectly entered into any agreement or arrangement with any other vendor or supplier, any official or employee of Sourcewell, or any person, firm, or corporation under contract with Sourcewell, in an effort to influence the pricing, terms, or conditions relating to this RFP in any way that adversely affects the free and open competition for a Contract award under this RFP.
3. The contents of the Proposer's proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or agent of the Proposer and will not be communicated to any such persons prior to the official opening of the proposals.
4. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request, and other documents in this solicitation and affirms that any and all exceptions have been noted and included with the Proposer’s Proposal.
5. The Proposer will, if awarded a Contract, provide to Sourcewell Members the /products and services in accordance with the terms, conditions, and scope of this RFP, with the Proposer-offered specifications, and with the other documents in this solicitation.
6. The Proposer agrees to deliver 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.
7. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
8. The Proposer understands that Sourcewell will reject RFP proposals that are marked “confidential” (or “nonpublic,” etc.), either substantially or in their entirety. Under Minnesota Statute §13.591, Subd. 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals generally become public data. Minnesota Statute §13.37 permits only certain narrowly defined data to be considered a “trade secret,” and thus nonpublic data under Minnesota’s Data Practices Act.
The Proposer understands that it is the Proposer’s duty to protect information that it considers nonpublic, and it agrees to defend and indemnify Sourcewell for reasonable measures that Sourcewell takes to uphold such a data designation.
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. - Andrew Roman, Contract Administrator
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
RFP 110719 - Ag Tractors - Addendum_3 --
Fri November 1 2019 07:13 AM
RFP110719 - Ag Tractors -Addendum_2 --
Mon October 21 2019 11:45 AM
RFP110719 - Ag Tractors - Addendum_1 --
Mon September 23 2019 09:03 AM
DocuSign Envelope ID: A6F432FE-0761-48D2-9B2E-9058B9B4A629
AMENDMENT #1
TO
CONTRACT #110719-JDC
THIS AMENDMENT is by and between Sourcewell and Deere & Company (Vendor).
Vendor was awarded a Sourcewell Contract for Ag Tractors with Related Attachments, Accessories, and Supplies effective December 23, 2019, through December 30, 2023, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement).
The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent 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. The parties agree that delivery will be 90-180 days after receipt of order (ARO) for agricultural equipment.
Remainder of page intentionally left blank.
Except as amended by this Amendment, the Original Agreement remains in full force and effect.
Sourcewell Deere & Company
By: By:
Authorized Signature Authorized Signature
Jeremy Schwartz Andrew Roman
Name – Printed Name – Printed
Title: Director of Operations & Procurement/CPO Title:
Date: Date:
Sourcewell–APPROVED:
By:
Authorized Signature
Chad Coauette
Name – Printed
Title: Executive Director/CEO
Date:
Sourcewell Contract # 110719-JDC | Amendment #2
AMENDMENT #2
TO
CONTRACT #110719-JDC
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and Deere & Company (Vendor).
Sourcewell awarded a contract to Vendor to provide Ag Tractors with Related Attachments, Accessories, and Supplies, to Sourcewell and its Participating Entities, effective December 23, 2019, through December 30, 2023 (Original Agreement).
The parties wish to amend the Contract to add:
Upon a Dealer’s acceptance of this Contract’s Terms and Conditions, Supplier authorizes Dealers to sell directly to Participating Entities; this includes accepting Purchase Orders and Invoicing Participating Entities. In the event a Dealer does not accept this Contract’s Terms and Conditions, Supplier may sell directly to Participating Entitles.
Except as amended by this Amendment, the Original Agreement remains in full force and effect.
Sourcewell Deere & Company
By: By:
Jeremy Schwartz Andrew Roman
Title: Director of Operations & Procurement/CPO Title:
Date: Date:
Approved:
By:
Chad Coauette, Executive Director/CEO
Date:
drew Roman
ŽŶƚƌĂĐƚĚŵŝŶƐƚƌĂƚŽƌ
:ƵůLJϭ͕ϮϬϮϮ
Public
Last Update: August 31, 2022
Sourcewell – Ag Tractors with Related Attachments, Accessories and Supplies Contract Number: 110719-JDC
Contract Period: February 24, 2020 – December 30, 2023
Eligibility: The contract allows for service to Sourcewell Member agencies in all states.
The following eligibility requirements must be met:
• Entity must be a Sourcewell Member. John Deere dealers must verify membership before quoting. Please include the Sourcewell member number on the dealer quote or on the Sourcewell Member's purchase order.
• Eligible Sourcewell Members are state, city, county, municipal or local tax-supported governmental agencies, turnpikes, airports, housing authorities, electric cooperatives, water cooperatives, K-12 public school systems, public and private higher education facilities such as colleges and universities, public and volunteer fire departments, public or non-profit museums, libraries and zoos.
• Eligible Sourcewell Member non-profit agencies are eligible to purchase John Deere equipment on the Sourcewell contract.
• Charter Schools, Montessori Schools and K-12 private schools are required to pay in full (EFT, credit card or check) prior to receiving purchased equipment.
Members of the Illinois Public Higher Education Cooperative (IPHEC) are also eligible to use this Sourcewell Contract. IPHEC is comprised of universities and community colleges located in Illinois. Before quoting, please review the list of IPHEC Members to verify eligibility.
To become a Sourcewell Member, call 877-585-9706 for more details or visit the Sourcewell website to complete an application.
To obtain a membership list for eligible entities belonging to Sourcewell, please visit the Sourcewell Member Locator and select Membership List Spreadsheet.
Quotes and Purchase Orders:
Quotes are valid for 30 days from the creation date of the quote OR until the contract expires, whichever occurs first.
To obtain a quote, contact your local John Deere Dealer. Submit your purchase order to your dealer. The John Deere Dealer will submit the purchase order to John Deere’s Government Sales office.
All purchase orders must show Deere & Company as the vendor and reference the contract number.
Public
Contract Details
Delivery
Obligations
None.
Fees Delivery Charge
Optional delivery charge of $8.00 per loaded mile is allowed for the delivering dealer. Use Google Maps to calculate the mileage.
State Fees
• California Tire Fee All Motorized Equipment $1.75 per New Tire Please review the California Tire Fee publication issued by the California Department of Tax and Fee Administration for more details. California Tire Fee must be included on the Quote or Purchase Order. Sales to American Indians occurring on Indian reservations are exempt from the fee. • Louisiana Waste Tire Fee All Tractors $10.00 per New Tire Fees must be clearly labeled on the quote or purchase order.
Financing John Deere Municipal Lease by John Deere Financial Allowed: If the agency rules and guidelines allow. This 12-60-month financial product require payments and enables ownership of the equipment.
Government Operating Lease by John Deere Financial
Allowed: If the agency rules and guidelines allow. This 24-60-month product requires payments and the equipment is returned to the dealer location at the end of the term.
Retail Note Financing by John Deere Financial or Third Party Allowed: If the agency rules and guidelines allow.
Machine
Hours
Not Allowed: Due to factory delivery, pre-delivery, inspection, machine setup and installation of attachments, machines may have minimal hours. Machines designated as demos are not allowed.
Manuals An operator’s manual is included with the delivery of the equipment at no charge.
Miscellaneous Shipping charges
Alaska (AK) and Hawaii (HI): Shipping charges apply.
Public
For deliveries to AK or HI, factory freight to the delivering dealer will be paid by the Sourcewell member. Factory freight is known at the time of quoting and will be included on the quote to the Sourcewell member.
Continental US: For all other deliveries within the continental US (excludes AK & HI), the Sourcewell member will NOT be charged factory freight to the delivering dealer.
Multiple Unit
Discount
For sales of three or more like self-propelled equipment sold to one customer on the same purchase order qualifies for an additional discount. Implements and attachments sold with and for self-propelled ride-on machines are also eligible for multi-unit discounts, but do not count towards the total number of ride-on units, which determines the multi-unit discount percentage. See discount structure below:
Quantity Additional Discount
3-4 1%
5-6 2%
7-8 3%
9 units or more 4%
Frontier Equipment is excluded from the Multiple Unit Discount program. “Like self-propelled products” means 3 or more utility vehicles, 3 or more Ztraks, etc. The purchase of 1 utility vehicle and 2 Ztraks would not qualify for MUD because they are not “like” products.
Open Market
by John Deere
(listed in the
price book)
Allowed: Open-Market items are implements, attachments, accessories, parts and bundles that are not currently on contract, but are requested by the customer to complete the purchase of John Deere equipment awarded on contract.
Items must be clearly labeled on the purchase order as Open Market.
Open Market
by Dealer (not
listed in the
price book)
Allowed: Open-Market items not available from John Deere but offered by the delivering Dealer to complete the purchase of John Deere equipment awarded on contract.
Items must be clearly labeled on the purchase order as Open Market.
Payment and
Remittance
Credit card payments allowed.
Remit to Address:
Deere & Company
Ag & Turf CBD & Government Sales
21748 Network Place
Chicago, IL 60673-1217
Substitutions Not applicable. This is a current price contract.
Public
Trade-In Allowed: Items must be clearly labeled on the purchase order or quote as Trade-In. The agency and the dealer determine the trade-in value.
Price Structure
Price Book
Tabs
Product Descriptions Discounts
off
MSRP
Price
Page
Dates
C20 Compact Utility Tractors and Equipment 18% Current
C25 Equipment for Compact Utility Tractors 18% Current
A2 Tractors
(5045E, 5050E, 5055E, 5060E, 5065E, 5067E,
5075E Models)
14% Current
A2 Tractors
(5085E, 5090EL, 5090E, 5100E Models)
19% Current
A2 Tractors (5000 M, G, GV, GN, MH, ML, and
R Series)
22% Current
A2 Tractors (6000-9000 Models) 24% Current
A3 Combines 22% Current
A4 Cotton 22% Current
A5 Hay & Forage 22% Current
A6 Tillage 22% Current
A7 Drills/Air Seeders/Planters 22% Current
Public
A8 Sprayers 22% Current
A9 Implements & Attachments 24% Current
A10 Ag Management Solutions (AMS) Same as Tractor’s
Discount, 5% if
Purchased w/o
Tractor
Current
Frontier Cotton 18% Current
Cutting & Mowing 18% Current
Hay & Forage 18% Current
Landscaping 18% Current
Livestock 18% Current
Material Handling 18% Current
Planting & Seeding 18% Current
Snow 18% Current
Sprayers 18% Current
Tillage 18% Current
Contract Updates
August 31, 2022 – Optional Delivery Fee increased from $4.00 to $8.00 per loaded mile. 5E Series Utility Tractor models updated. Discount added for AMS when purchased without the Tractor.
May 26, 2021 – Updated Fees to reflect American Indians are Exempt from CA Tire Fee. Financing Options Updated.
March 10, 2021 – Price Page Tabs C20 and C25 were added to the contract.
MODEL
Key Specs
Engine description John Deere PowerTech™ 4045
EWL
Engine displacement 4 cylinder: 4.5 L
276 cu in.
Rated engine power At 2200 rpm: 77.4 kW
105 hp
Maximum engine power 80.6 kW
108 hp
Rated PTO power (hp SAE) At 2100 rpm: 66.2 kW
90 hp
Transmission type
Standard: PowrReverser™
16F/16R
Optional: PowrReverser™ HiLo 32F/16R
PowrQuad™ PLUS 16F/16R
Powr8™ 32F/16R
Powr8™ 32F/16R with creeper
Hydraulic pump rated output
PowrReverser™: 94 L/min
24.7 gpm
PowrQuad™ PLUS/Powr8™:
97 L/min
25.6 gpm
Rear hitch category (SAE
designation) Category 2; convertible to 1
Engine specifications
Description John Deere PowerTech™ 4045
EWL
Engine type 4045HLV82
Engine family NJDXL04.5317
Rated speed 2200 rpm
5105M (Model year
2023)
Select a Model to
Compare
Sales Manual https://dlrdoc.deere.com/sales/salesmanual/en_NA/tractors/2023/model... 1 of 7 1/23/2023, 11:38 AM
Engine specifications
Aspiration Turbocharged/air-to-air
aftercooled
Cylinders liners Wet sleeved
Emission level Final Tier 4
After treatment type DOC/SCR
Displacement 4 cylinder: 4.5 L
276 cu in.
Engine performance
Rated power At 2200 rpm: 77.4 kW
105 hp
Rated PTO power (hp SAE) At 2100 rpm per SAE: 66.2 kW
90 hp
Power boost At 1900 rpm: 4 percent
Maximum engine power 80.6 kW
108.0 hp
Engine peak torque At 1600 rpm: 437 Nm
322 lb-ft
PTO torque rise At 1600 rpm: 30 percent
Transmission
Type
Standard: PowrReverser™
16F/16R
Optional: PowrReverser™ HiLo 32F/16R
PowrQuad™ PLUS 16F/16R
Powr8™ 32F/16R
Powr8™ 32F/16R with creeper
Reverser Left hand, electrohydraulic
Clutch; wet/dry Wet
Creeper Powr8™ 32F/16R with creeper
Sales Manual https://dlrdoc.deere.com/sales/salesmanual/en_NA/tractors/2023/model... 2 of 7 1/23/2023, 11:38 AM
Hydraulic system
Type Open center
Pump rated output
PowrReverser™: 94 L/min
24.7 gpm
PowrQuad™ PLUS/Powr8™:
97 L/min
25.6 gpm
Available flow at a single rear
SCV
PowrReverser™: 70 L/min
18.4 gpm
PowrQuad™ PLUS/Powr8™:
73 L/min
19.3 gpm
Number of rear selective
control valves (SCVs)
Standard: Two
Optional: Three
Number of mid selective
control valves (SCVs)
Standard: Two
Optional: Up to Three
Joystick SCV control Mechanical
Rear hitch
Hitch draft control load sense
type Mechanical or Electrohydraulic
Remote control valves
available
Standard: Two
Optional: Three
Hitch category (SAE
designation) Category 2; convertible to 1
Maximum lift capacity behind
lift points
Standard for PowrReverser™:
2336 kg
5150 lb
Optional for PowrReverser™:
2699 kg
5950 lb
Standard for PowrQuad™
PLUS/Powr8™: 3161 kg
6970 lb
Optional for PowrQuad™
PLUS/Powr8™: 3565 kg
7860 lb
Sales Manual https://dlrdoc.deere.com/sales/salesmanual/en_NA/tractors/2023/model... 3 of 7 1/23/2023, 11:38 AM
Rear hitch
Sensing type Lower link
Rear axle differential lock Electrohydraulic
Drawbar
Drawbar category Category 2
Maximum vertical load
Road/field use (250-mm
extended): 1450 kg
3197 lb
Field use (350-mm extended):
1200 kg
2646 lb
Field use (400-mm extended):
1200 kg
2646 lb
Rear power take-off (PTO)
Type
Independent, 34.9 mm (1.375
in)
Standard: 540/540 Economy (6
spline)
Optional: 540/540E (6 spline)
and 1000 rpm (21 spline)
reversible shaft
Engine rpm (at rated PTO
speeds)
540 at 2100 rpm
540E at 1645 rpm
1000 at 2100 rpm
PTO actuation Electrohydraulic
Front hitch
Category Category 2
Standard lift capacity 1931 kg
4257 lb
Front power take-off (PTO) 1000 rpm (21 spline)
34.9 mm (1.375 in.)
PTO speed 1000 at 2200 rpm
Rear axle
Sales Manual https://dlrdoc.deere.com/sales/salesmanual/en_NA/tractors/2023/model... 4 of 7 1/23/2023, 11:38 AM
Rear axle
Type
Standard: Flange
Optional: Rack-and-pinion
(Bar)
Final drive type Inboard planetary
Differential controls Electrohydraulic
Brakes, type and control Hydraulic wet disc
Front axle
Type
Standard: Mechanical Front
Wheel Drive (MFWD)
Optional: Two-Wheel Drive
(2WD)
Tires
Rear
2WD: 18.4R30 (460/85R30)
R1W Radial
MFWD: 18.4R30 (460/85R30)
R1W Radial
Wheel tread range
2WD: front: 1520-2020 mm
59.8-79.5 in.
MFWD: front: 1299-1997 mm
51.1-78.6 in.
rear: 1350-2286 mm
53.1-90 in.
Turning radius with brakes
2WD: 3.67 m
12.04 ft
MFWD: 3.85 m
12.6 ft
Turning radius without brakes
2WD: 3.85 m
12.6 ft
MFWD: 4.0 m
13.1 ft
Electrical system
Alternator size
OOS: 90 amp
Cab: 120 amp
ISOBUS/GreenStar™ Ready:
200 amp
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Electrical system
Battery options 12 V
Working lights Standard: Halogen
Optional: LED
Type of bulb in headlight
(Halogen, Zenon, LED)
Standard: Halogen
Optional: LED
Type of bulb in beacon
(Halogen, Zenon, LED) Optional: LED
Operator station
Rollover protective structure,
OOS
Rigid - foldable - telescopic Foldable, two-post
Platform - flat/straddle Flat
Gearshift location -
console/floor Floor
Seat
Standard: Mechanical
Optional: Air Ride or Premium
Air Ride
Instructional seat Optional
Display
PowrReverser™: Automotivestyle light-emitting diode (LED) instrument cluster
PowrQuad™ PLUS/Powr8™:
Digital Dash Display with three
liquid crystal displays (LCDs)
Radio Optional
dB(A) rating 78 dBA
Dimensions
Wheelbase 2WD and MFWD: 2350 mm
92.5 in.
Sales Manual https://dlrdoc.deere.com/sales/salesmanual/en_NA/tractors/2023/model... 6 of 7 1/23/2023, 11:38 AM
Dimensions
Overall length
OOS: 4081 mm
160 in.
Cab: 4089 mm
161 in.
Approximate shipping weight,
Open;Cab
2WD OOS: 3700 kg
8140 lb
2WD Cab: 3900 kg
8580 lb
MFWD OOS: 3975 kg
8765 lb
MFWD Cab: 4175 kg
9185 lb
Capacities
Fuel tank
Open: 142.7 L
37.7 U.S. gal.
Cab: 165.4 L
43.7 U.S. gal.
Diesel exhaust fluid (DEF) tank 12.0 L
3.17 U.S. gal.
Precision AG
Guidance Optional: AutoTrac™ with
AutoTrac Basic
Miscellaneous
AutoTrac ready Optional with PowrQuad™
PLUS/Powr8™ models
ISOBUS ready Optional with PowrQuad™
PLUS/Powr8™ models
Country of manufacture Pune, India
Additional information
Date collected 6-Jan-2023
Sales Manual https://dlrdoc.deere.com/sales/salesmanual/en_NA/tractors/2023/model... 7 of 7 1/23/2023, 11:38 AM
Price Page Tabs Product Descriptions Discounts off
MSRP
A2 5045E, 5050E, 5055E, 5060E, 5065E, 5067E,
5075E Tractor Models 14%
A2 5090E, 5090EL, 5100E Tractor Models 19%
A2 5000 M, MH, ML, GL, GN, GV Series 22%
A2 6000-9000 Tractor Models 24%
A3 Combines 22%
A4 Cotton 22%
A5 Hay & Forage 22%
A6 Tillage 22%
A7 Drills/Air Seeders/Planters 22%
A8 Sprayers 22%
A9 Implements & Attachments 24%
A10 Ag Management Solutions
Same as Tractor
Purchased, 5%
if Purchased w/o
Tractor
Frontier Cotton 18%
Frontier Cutting & Mowing 18%
Frontier Hay & Forage 18%
Frontier Landscape 18%
Frontier Livestock 18%
Frontier Material Handling 18%
Frontier Planting & Seeding 18%
Frontier Snow Equipment 18%
Frontier Tillage 18%
Frontier Sprayers 18%
Discounts listed are off John Deere's list price. List price can be found on www.deere.com by utilizing "Build & Price" and building the desired machine.
Note: Discounts will be calculated based on current pricing at the time an agency requests the quote and will be valid for 30 days.
PRICE SCHEDULE: Sourcewell RFP # 110719
FRONTIER PRODUCTS
#Public
City Council
STAFF REPORT
Date: February 15, 2023 Agenda Item:
2.K.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Establishing a Pilot Program for Youth Commissioners
RECOMMENDATION:
Adopt Resolution No. 2023-07 to approve the establishment of a Two-Year Youth Committee /Commission Member Pilot Program.
SUMMARY:
City Council approved the Pilot Program to include Youth Commissioners to City Committees/Commissions at the City Council meeting held February 1, 2023.
BACKGROUND:
At the December 7, 2022 City Council meeting, Council Member Katherine Aleman proposed a discussion of adding youth commission seats to our current Committee/Commissions. At the December 21, 2022 City Council meeting, the City Council discussed various options regarding this, and asked that staff bring back information on a possible pilot program to include Youth Commissioners to City Committees/Commissions. At the February 1, 2023, staff presented an outline for a twoyear pilot program for Youth Commissioners to be added to Committees/Commissions.
The City Council reviewed the outline and recommended changes at that time. Staff prepared Resolution No. 2023-07 (Attachment A) that establishes a Two-Year Youth Commissioner Pilot Program and outlines the program guidelines to be approved by City Council.
At the end of the first year staff will return to City Council with an updated report on the status of the program.
FISCAL IMPACT:
Not applicable at this time.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Plan #4: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Reso No. 2023-07
RESOLUTION NO. 2023-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, TO ESTABLISH A TWO-YEAR YOUTH
COMMITTEE/COMMISSION MEMBER PILOT PROGRAM
WHEREAS, on February 1, 2023, the City Council approved the establishment of a Youth Committee/Commission Member Two-Year Pilot Program.; and WHEREAS, a Two-Year Youth Commissioner Pilot Program to include a single Youth appointed to each of the following Commissions; the Planning Commission, the Parks and Recreation Commission, the Historic Preservation and Agricultural Heritage Commission, and the Streets, Trails and Utilities Commission has been created; and WHEREAS, the Program Guidelines including any changes thereto shall be established by City Council resolution.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, does hereby determine as follows:
SECTION 1: That Youth Committee/Commission Member Two-Year Pilot Program is hereby established.
SECTION 2: To carry out its stated purpose, the Program shall have the following Guidelines:
Applicant Requirements:
• Must be a Norco resident or student.
• Must be 13-20 years of age.
• Must have an understanding of the Committees'/Commissions' missions.
Recruitment process:
• The open youth seat/s on City Committees/Commissions will be advertised utilizing multiple types of advertising, social media and networking opportunities. • Those interested in a youth seat will complete a written application and attend the scheduled City Council meeting for recruitment to speak to the City Council on their own behalf.
• The City Council will deliberate on those applications of the applicants that have appeared to speak and make an appointment by majority vote.
Resolution No. 2023-XX, Formation Youth Committee/Commission Member Two-Year Pilot Program
February 15, 2023
Responsibilities and roles:
• Commissioners are expected to attend meetings, except for cases of emergency, and are expected to stay for the entirety of their Commission's meeting. Youth Commissioner attendance will not count towards the quorum necessary to conduct the business meeting.
• Youth members are expected to clearly communicate opinions on topics. • Youth Members will cast an advisory vote.
• Youth Members are expected to read through all materials and stay updated on current topics, and to attend all events in which their respective Commission is concerned.
• Youth Members will remain respectful, professional, and engaged while serving as representatives of the Commission.
• Youth Members will receive the same stipend for serving as other members of their Commission. All other policies applicable to Commission Members will apply to Youth Commissioners, such as volunteer policies, social media policy, and ethics policy.
Term of Office:
• Youth members will serve a one-year renewable term.
SECTION 3: The Program Guidelines as contained in this Resolution are hereby approved.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held February 15, 2023.
_____________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2023-XX, Formation Youth Committee/Commission Member Two-Year Pilot Program
February 15, 2023
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on February 15, 2023 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Norco, California on February 15, 2023.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: February 15, 2023 Agenda Item:
2.L.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Termination Agreement Regarding Western Community Energy RECOMMENDATION:
Approve the Termination Agreement Regarding Western Community Energy.
SUMMARY:
There being no reason to continue the existence and operation of the JPA Authority, following the Bankruptcy Proceedings of WCE, the Member Agencies desire to terminate the JPA Agreement and dissolve the Authority.
BACKGROUND:
The Authority was formed by the Member Agencies, which include the City of Canyon Lake, the City of Eastvale, the City of Hemet, the City of Jurupa Valley, the City of Norco, the City of Perris and the City of Wildomar, pursuant to the authority granted under that certain Joint Powers Agreement dated August 23, 2018, as amended by that certain First Amendment dated September 19, 2018. The Authority thereafter launched the community choice aggregation program known as “WCE”, which provided power to customers within the boundaries of the Member Agencies.
On May 24, 2021, the Authority filed for Chapter 9 Bankruptcy. On June 14, 2021, all customers of the Authority were transitioned to Southern California Edison for service.
On August 16, 2022, the Bankruptcy Court entered an order confirming the Authority’s plan for the adjustment of debts and the Authority concluded settlements consistent with the plan with all outstanding creditors. The Bankruptcy Order includes a discharge of all debts owed by the Authority, an exculpation clause enjoining actions against individuals and entities that assisted the Agency with the Bankruptcy Proceeding, and an injunction preventing the institution of any action to collect any debt of the Authority from Member Agencies and other “partners” of the Authority. The Bankruptcy Proceeding has now been concluded and the plan is final.
On October 12, 2022, the Board of Directors of the Authority made a recommendation to the Member Agencies that the Authority be dissolved following a six-month period to orderly wind down the Authority’s affairs. On October 21, 2022, Authority gave notice of termination of the Management Services Agreement with the Western Riverside Council of Governments (“WRCOG”) effective April 21, 2022.
There being no reason to continue the existence and operation of the Authority, the Member Agencies desire to terminate the JPA Agreement and dissolve the Authority upon the terms and conditions set forth in the Termination Agreement as attached as Exhibit A.
FISCAL IMPACT:
None at this time.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Plan #5: Infrastructure and Asset Management - Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Termination Agreement
TERMINATION AGREEMENT
REGARDING
WESTERN COMMUNITY ENERGY
This Termination Agreement Regarding Western Community Energy (the “Agreement”) is entered into effective as of ______________ (the “Effective Date”), by and between the City of Canyon Lake, the City of Eastvale, the City of Hemet, the City of Jurupa Valley, the City of Norco, the City of Perris and the City of Wildomar, who are collectively referred to herein as the “Member Agencies” of Western Community Energy, a California Joint Powers Authority (“Authority”).
RECITALS
A. The Authority was formed by the Member Agencies pursuant to the authority granted under that certain Joint Powers Agreement dated August 23, 2018, as amended by that certain First Amendment dated September 19, 2018 (“JPA Agreement”).
B. The Authority thereafter launched the community choice aggregation program known as “WCE”, which provided power to customers within the boundaries of the Member Agencies (excluding the City of Canyon Lake, which did not participate in the program).
C. On May 24, 2021, the Authority filed for Chapter 9 Bankruptcy (“Bankruptcy Proceeding”). On June 14, 2021, all customers of the Authority were transitioned to Southern California Edison (“SCE”) for service.
D. On August 16, 2022, the Bankruptcy Court entered an order (“Bankruptcy Order”) confirming the Authority’s plan for the adjustment of debts and the Authority concluded settlements consistent with the plan with all outstanding creditors. The Bankruptcy Order includes a discharge of all debts owed by the Authority, an exculpation clause enjoining actions against individuals and entities that assisted the Agency with the Bankruptcy Proceeding, and an injunction preventing the institution of any action to collect any debt of the Authority from Member Agencies and other “partners” of the Authority. The Bankruptcy Proceeding has now been concluded and the plan is final.
E. On October 12, 2022, the Board of Directors of the Authority made a recommendation to the Member Agencies that the Authority be dissolved following a six-month period to orderly wind down the Authority’s affairs.
F. On October 21, 2022, Authority gave notice of termination of the Management Services Agreement with the Western Riverside Council of Governments (“WRCOG”) effective April 21, 2022.
G. There being no reason to continue the existence and operation of the Authority, the Member Agencies desire to terminate the JPA Agreement and dissolve the Authority upon the terms and conditions set forth herein.
NOW, THEREFORE, the Member Agencies hereby agree as follows:
1. Termination of JPA Agreement. Pursuant to Section 5.5 of the JPA Agreement, the Member Agencies agree that the JPA Agreement will terminate in accordance with the terms of this Agreement as of March 31, 2022 (“Termination Date”), subject to adjustment as set forth in Section 2.
2. Transition Period. Prior to termination, the Authority will continue to operate for the sole purpose of winding up its affairs, including the implementation of the final bankruptcy plan as set forth in the Bankruptcy Order and the completion of a fiscal audit for the 2022-2023 year (“Transitional Activities”). It is contemplated that all Transitional Activities will be completed prior to the Termination Date. In the event that the Transitional Activities cannot be completed prior to the Termination Date, then the Termination Date may be extended up to ninety (90) days with the written confirmation of the City Manager of each of the Member Agencies with the concurrence of their respective City Attorneys.
3. Book and Records. The books and records of the Authority will be archived and stored by WRCOG for a period of five (5) years following the Termination Date or such longer period as may be required by applicable law. WRCOG has agreed to serve as a depository only and the Member Agencies agree that WRCOG will have no ongoing obligations with respect to the maintenance of such books and records following the termination of the Management Services Agreement with the Authority.
4. Dissolution of the Authority. Concurrent with the Termination Date, the Authority will make such filings as are necessary with the Secretary of State of the State of California to formalize the dissolution of the Authority.
5. Funding for Transitional Operations. The bankruptcy plan includes an amount to pay expenses of the Authority to carry out the bankruptcy plan and it is not anticipated that any additional funding will be necessary for the Authority to carry out the Transitional Activities. In the event that any funding remains following the completion of the Transitional Activities, then such funding will be distributed to the creditors of the Authority in accordance with the requirements of the Bankruptcy Order.
6. No Additional Funding; No Liability. In no event will any Member Agency be obligated to provide any additional funding for the completion of the Transitional Activities by the Authority or for any other purpose. The Member Agencies agree that the terms of Section 4.6 of the JPA Agreement remain in full force and effect and will survive the termination of the JPA Agreement. The Member Agencies acknowledge and agree that the protection from liability set forth in Section 4.6 is consistent with the terms of the Bankruptcy Order.
7. Future Claims. In the event that any third party makes a claim against the Authority or the Member Agencies following the Termination Date, the Member Agencies agree to meet and confer with respect to any such claim and mutually agree on the appropriate action to be taken to protect the Member Agencies and enforce the terms of the Bankruptcy Order. No Member Agency will be obligated to participate in any such action.
8. Nature of Agreement. The City of Canyon Lake is a party to this Agreement for the sole purpose of terminating the JPA Agreement, it being understood that the City of Canyon Lake did not elect to participate in the WCE program.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.
ATTEST:
City Clerk
City of Canyon Lake
By: ______________________
Dated: ___________________
CITY OF CANYON LAKE
By: _____________________
Mayor
ATTEST:
City Clerk
City of Eastvale
By: ______________________
Dated: ___________________
CITY OF EASTVALE
By: _____________________
Mayor
ATTEST:
City Clerk
City of Hemet
By: ______________________
Dated: ___________________
CITY OF HEMET
By: _____________________
Mayor
ATTEST:
City Clerk
City of Jurupa Valley
By: ______________________
Dated: ___________________
CITY OF JURUPA VALLEY
By: _____________________
Mayor
ATTEST:
By: ____________________________
Dana Roa, CMC, City Clerk
City of Norco
Dated: __February 15, 2023__
CITY OF NORCO
By: ___________________________
Robin Grundmeyer, Mayor
ATTEST:
City Clerk
City of Perris
By: ______________________
Dated: ___________________
CITY OF PERRIS
By: _____________________
Mayor
ATTEST:
City Clerk
City of Wildomar
By: ______________________
Dated: ___________________
CITY OF WILDOMAR
By: _____________________
Mayor
City Council
STAFF REPORT
Date: February 15, 2023 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Ordinance 1093, Second Reading: An Ordinance of the City of Norco to amend Norco Municipal Code Section 18.30.46 – “Accessory Dwelling Units and Junior Accessory Dwelling Units” to address development standards for compliance with new State Law.
Zone Code Amendment 2022-05.
RECOMMENDATION:
Adopt Ordinance No. 1093, Second Reading: Amending Norco Municipal Code (NMC) Section 18.30.46 “Accessory Dwelling Units and Junior Accessory Dwelling Units” to address development standards for compliance with new State Law standards. Zone Code Amendment 2022-05.
SUMMARY:
The First Reading of Ordinance No. 1093 was held January 18, 2023; it was continued to February 1, 2023, for a final review and adoption of its First Reading by the City Council.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
ATTACHMENT(S):
Ordinance No. 1093
ORDINANCE NO. 1093
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING SECTION 18.30.46 “ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS” OF
THE NORCO MUNICIPAL CODE (NMC) TO ADDRESS DEVELOPMENT
STANDARDS FOR COMPLIANCE WITH STATE LAW.
ZONE CODE AMENDMENT 2022-05
WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2022-05, a proposal to amend Norco Municipal Code, Title 18 “Zoning Code”, Chapter 18.30 “General Provisions – Miscellaneous, Section18.30.46 “Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs)”; and
WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on December 14, 2022 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution No. 2022-16 recommending that the City Council adopt Zone Code Amendment 2022-05; and WHEREAS, the Zone Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on January 18, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, said Zone Code Amendment was continued to the City Council meeting of February 1, 2023; and
WHEREAS, the City of Norco acting as the Lead Agency has determined in accordance with California Environmental Quality Act (CEQA) and the City of Norco Environmental Guidelines that project is exempt from CEQA.
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby make the following FINDINGS AND DETERMINATION:
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
I. FINDINGS.
A. The proposed Zone Code Amendment is necessary for compliance with the new revisions to Government Code Sections 65852.2 and 65852.22 including AB 2221 and SB 897 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).
B. The proposed Zone Code Amendment is necessary to ensure and maintain internal consistency with all of the objectives, policies, general land uses, programs, and actions of all elements of the General Plan. None of the amendments conflict with current General Plan policies, objectives or programs.
C. The proposed amendments are necessary in order to preserve the residential character of single-family residential neighborhoods, and will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendments will maintain existing standard in place along with new regulations for compliance with State Law, thus maintaining order and consistency among residential zones.
D. Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), it can be seen with certainty that there is no possibility that the adoption and implementation of this Zone Code Amendment will have a significant effect on the environment, and per Section 15060(c) (2) it can be seen certainty that this Zone Code Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment as defined by the California Environmental Quality Act ("CEQA") (Public Resources Code § 21000 et seq.) and the City's Guidelines for Implementation of CEQA.
II. DETERMINATION:
NOW THEREFORE, the City Council of the City of Norco, California does hereby amend and approve NMC Section 18.30.46 “Accessory Dwelling Units and Junior Accessory Dwelling Units” in its entirety to read as follows
SECTION 1:
18.30.46 Accessory Dwelling Units and Junior Accessory Dwelling Units.
A. Intent and Purpose. This section is intended to provide for the creation of accessory dwelling units and junior accessory dwelling units as accessory uses to existing singlefamily dwellings that meet the intent of State regulations regarding accessory dwelling units while maintaining the rural and low-density character of Norco’s residential neighborhoods and that such dwelling units do not adversely impact surrounding residents or the community. This section is intended to retain the maximum ability of the City to regulate accessory dwelling units and to comply with the requirements of State law.
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
B. Definition. For the purposes of this section the following definitions shall apply:
1. “Accessory dwelling unit (ADU)” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an “efficiency unit” and a manufactured home as defined in Section 18007 of the State Health and Safety Code.
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
3. “Efficiency unit” means a unit for occupancy by no more than two persons which has a minimum floor area of 150 square feet, and which may also have partial kitchen or bathroom facilities
4. Junior accessory dwelling unit (JADU)” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
5. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
6. “Neighborhood” has the same meaning as set forth in Section 65589.5.
7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
8. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
10. “Public transit/Transit Stop” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. A Public transit/Transit Stop does not include private rideshares and scooter (i.e. E-Scooters) pick-ups and drop-offs.
11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
C. Occupancy. Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence for a minimum period of 30 days, but may not be sold or otherwise conveyed separate from the primary residence.
D. Application review procedures for Accessory Dwelling Unit and Junior Accessory Dwelling Unit.
1. Accessory dwelling units and junior accessory dwelling units, where permitted, are subject to the issuance of a building permit. Any application for an accessory dwelling unit that meets the unit size standards and development standards of this section shall be approved ministerial by applying the standards herein and without a public hearing.
2. An application for an accessory dwelling unit or junior accessory dwelling unit permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed on a City-approved application form (a building permit application) and subject to the established fee set by City Council resolution as it may be amended from time to time.
3. Applications for an accessory dwelling unit or junior accessory dwelling unit shall conform to the requirements for, and shall obtain, a building permit consistent with the California Building Code.
4. An application to create or serve an accessory dwelling unit or a junior accessory dwelling unit shall either be approved or denied within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new single-family or multifamily dwelling unit on the lot, the City may delay approving or denying the application for the accessory dwelling unit until the City approves or denies the application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
5. Denial of an ADU application shall be accompanied with a full set of comments listing the specific items that are defective or deficient. These comments shall also describe how the application can be remedied by the applicant. An application to create an ADU shall not be denied solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on a lot that do not present a threat to public health and safety and are not affected by the construction of the ADU.
6. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the ADU application and issued at the same time. The permit applicant
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
shall not be required to provide a written notice or posted placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
E. Accessory Dwelling Units - Development Requirements.
1. Unit Size Standards. All accessory dwelling units shall not exceed the size standards listed below.
a. Attached Accessory Dwelling Units. Maximum floor area for an accessory dwelling unit shall be the higher of: with zero to one bedroom, 850 square feet; two bedrooms, 1,000 square feet. If the accessory unit is created from converting existing space in the primary accessory structure, there is no size limitation. b. Detached Accessory Dwelling Units. Not more than 1,200 square feet of living area.
2. Setback and Lot Coverage Requirements.
a. No setbacks are required for those portions of accessory dwelling units that are created by converting existing living area or existing accessory buildings to new accessory dwelling units. No setbacks are required when constructing new accessory dwelling units in the same location and to the same dimensions as an existing building.
b. For all other accessory dwelling units, there must be a minimum of four feet to side and rear lot lines.
c. The required minimum distance between a detached accessory dwelling unit and all other buildings shall be 10 feet.
d. All existing and proposed buildings including an accessory unit shall not exceed the lot coverage requirement of the underlying zone. This shall not apply to accessory dwellings of 800 square feet or less.
e. An ADU shall not be allowed in any portion of the front yard setback area but must yield to the extent necessary to enable the construction of an 800 square foot ADU with four-foot side- and rear-yard setbacks.
3. The lot upon which the accessory dwelling unit shall be allowed must contain a legal single-family or multifamily residence as an existing or proposed primary unit on the lot.
4. Accessory dwelling units are accessory to the primary dwelling. For multifamily residential dwellings, the project plans and application shall clearly identify the unit the proposed accessory dwelling unit is accessory to. Detached accessory dwelling units shall be assigned an address separate from that of the primary dwelling unit.
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
5. Number of Accessory Dwelling Units per Lot.
a. For lots with proposed or existing single-family residence: one accessory dwelling unit provided the lot contains no other accessory dwelling unit. The lot may contain one junior accessory dwelling unit in addition to an accessory dwelling unit. b. Except as provided in Government Code Sections 65852.2(a) and (e), for lots with existing multifamily residential dwellings: no more than 25 percent of the number of existing units, but at least one unit shall be permitted as accessory dwelling units constructed within the non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements or garages) of the existing multifamily building structure; provided, that applicable building codes are met; or, no more than two detached accessory dwelling units; provided, that no such unit shall be more than 18 feet in height, and each such unit complies with front yard setbacks and meets rear yard and side yard setbacks of four feet. The maximum square footage of detached accessory dwelling units on lots with existing multifamily residential dwellings shall comply with the limits calculated pursuant to Section 18.17.14 (Lot Area Per Dwelling Unit). In no event shall less than 5,445 square feet of lot area per dwelling unit be provided.
6. Except as otherwise provided in this section, accessory dwelling units shall comply with all development requirements for new single-family dwelling units as specified for the land use district in which they are located, including, but not limited to, total maximum lot coverage, subject to the provisions of subsection (E)(2)(d) of this section.
Setback requirements shall be per this section. Height requirements shall be per subsection (E)(15)(b) of this section. Notwithstanding such, the correction of a nonconforming zoning condition may not be required as a condition of permit approval.
7. All new accessory dwelling units must comply with California Building Code standards as adopted in Title 15 including fire sprinklers, unless not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling, provided the additional square footage of an attached ADU does not exceed the threshold to require fire sprinklers. Accessory dwelling units shall not be constructed on utility and flowage easements. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency the City from changing the occupancy code of a space that was inhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
8. The accessory dwelling unit shall be provided with parking that is in addition to that required for the main dwelling. Parking for the main dwelling is pursuant to Chapter
18.38 (Off-Street Parking and Loading). Parking for accessory dwelling units shall be as listed below:
a. Parking spaces for an accessory dwelling unit shall be nine feet by 20 feet and are not required to be covered or within a garage.
b. The number of required spaces for the accessory dwelling unit shall be equal to one space per unit, except there is no parking requirement for an accessory dwelling unit that has no bedrooms (e.g., a studio).
c. Parking can be provided in tandem in the existing driveway of the primary dwelling provided it does not encroach onto a public trail or sidewalk and otherwise complies with City parking requirements. Parking is allowed in the required front or side yard setbacks if it is within the existing driveway of the primary dwelling unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. d. Parking requirements will not be imposed in any of the following instances and upon verifiable proof of the applicant:
(i.) The accessory dwelling unit is located within one-half mile walking distance of public transit. For the purposes of this section “public transit” shall include any bus stop.
(ii.) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(iii.) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(iv.) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(v.) When there is a designated, fixed pick-up or drop-off location for a car share vehicle located within one block of the accessory dwelling unit. (vi.) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in Section (d). e. When a garage, carport, or covered parking structure or an existing accessory dwelling is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces do not have to be replaced.
9. Siting. Subject to the setback requirements of subsection (E)(2) of this section a detached accessory dwelling unit may not be located within the area between front property line and the line parallel to, and touching, the back of the primary residence.
On a corner lot the unit may not be located in the side yard adjacent to the street within
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
the area between the street side property line and a line parallel to the most distant part of the primary dwelling. A converted accessory unit, or an accessory unit created under Government Code Section 65852.2(e)(1)(B), is not subject to the siting limitations.
10.Exterior Entrance. There shall not be more than one exterior entrance on the front or on any street side of the building and no exterior stairway shall be located on the front of the primary dwelling, where feasible.
11.Wall and/or Fence Requirement. A wall or fence meeting at least the minimum State standards shall be constructed and maintained along that portion of a side or rear yard boundary where an accessory dwelling unit is closer than five feet to the boundary, subject to the issuance of a building permit as needed.
12.Windows and doors are permitted along walls adjacent to the side or rear property lines in compliance with State standards.
13.Conversion of Existing Primary Dwelling Unit. An existing primary dwelling unit may be converted to an accessory dwelling unit if it complies with all applicable requirements of this section.
14.Objective Design Criteria. All new accessory dwelling units (not converted from an existing structure and where no change to the exterior of an existing building are needed other than windows and doors) must comply with the following design requirements:
a. The exterior materials (i.e. stucco on the main house will require a stucco exterior on the accessory dwelling unit), colors, roof pitch and architecture style shall match the primary unit.
b. The maximum height of an accessory dwelling unit shall be as follows:
(i.) A detached ADU shall not exceed 16 feet in height measured from finished floor to the tallest roof peak.
(ii.) When an ADU is located within a half-mile of a major transit stop or highquality transit corridor, a detached ADU that is on a lot with a single-family or multifamily dwelling may be up to 18 feet in height, and the ADU may be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house.
(iii.) If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height (measured from finished floor to the tallest roof peak), regardless of how close it is to transit.
(iv.) An attached ADU shall not exceed a height of 25 feet (measured from finished floor to the tallest roof peak) or the height of the primary dwelling whichever is lower, but in no case shall the ADU exceed two stories.
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
c. Any attached accessory dwelling unit shall be attached to the living area of the primary dwelling unit by a common wall or floor/ceiling, or by an attached breezeway, porch, or patio.
15.An accessory dwelling unit shall not be considered a new residential unit for purposes of calculating connection fees or capacity fees for water and sewer services. Attached accessory dwelling units are not required to be metered separately from the primary dwelling for any City utility or other public utility. Detached accessory dwelling units are required to be metered separately from the primary dwelling for water services. No new private wastewater disposal systems shall be permitted for accessory dwelling units. For accessory dwelling units proposed on lots with existing septic systems, the existing septic system shall be expanded to accommodate the accessory dwelling unit unless sewer service is available within 200 feet of the property line. Where sewer service is available within 200 feet of the property line, one sewer connection to serve both units shall be installed prior to the issuance of an occupancy permit for the accessory dwelling unit.
16.Notwithstanding Chapter 18.44, there shall be no variance or exemption granted from the requirements contained in this section.
17.Subject to the requirements of Health and Safety Code Section 17890.12, this section shall not validate any existing illegal unit.
18.The accessory dwelling unit shall be assessed all applicable building permit and development impact fees.
a. Accessory dwelling units up to 750 square feet are exempt from impact fees. b. Accessory dwelling units 750 square feet or greater are subject to impact fees that are proportional to the relationship of the accessory dwelling unit to the primary dwelling.
19.Animal Area Required. To preserve the health, welfare and safety of large and small animals and agricultural lifestyle, the location of the accessory dwelling unit must preserve the recorded Primary Animal Keeping Area (PAKA). For lots that do not have a recorded PAKA, the proposed location of the accessory dwelling unit must preserve an open animal area equal to 576 square feet multiplied by the allowed number of animal units (au) on the property (e.g., 576 x 5 au = 2,880 square feet open animal area). To preserve the health, welfare and safety of the animals in case of an emergency, a minimum 12-foot wide (or as required in the underlying zone, whichever is more) clear and unobstructed access shall be maintained to the required animal area or existing PAKA.
20.No development standard regarding a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
or detached dwellings, shall apply that would not permit at least a new eight hundred square foot, sixteen foot tall accessory dwelling unit with at least four-foot side and rear setbacks.
F. Junior Accessory Dwelling Units - Development Requirements.
1. Junior accessory units will be constructed within the walls of an existing or proposed single-family residence and require owner occupancy in the single-family residence where the unit is located. Enclosed uses within a residence, such as attached garages, are considered part of the existing or proposed single-family residence.
2. A junior accessory dwelling unit shall not exceed 500 square feet in size.
3. Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner occupancy is not required if the owner is a governmental agency, land trust, or “housing organization” as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time.
4. Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.
5. Short-Term Rentals. The junior accessory dwelling unit shall not be rented for periods of 30 days or less.
6. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be entirely within a single-family residence. A junior accessory dwelling unit shall have an interior entry to the primary dwelling’s main living area, independent of an exterior entrance of the junior accessory and primary dwelling.
7. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
8. Parking. No additional parking is required beyond that already required for the primary dwelling.
9. Fire Protection—Utility Service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new singlefamily dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new singlefamily dwelling.
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
G. Codes, Covenants, and Restrictions (CC&Rs). CC&Rs that either effectively prohibit or unreasonably restrict the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use are void and unenforceable.
H. Compliance with General Plan. An accessory dwelling unit and/or junior accessory dwelling unit which conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and land use designation for the lot.
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason 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 the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held February 15, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1093, Zone Code Amendment 2022-05
February 15, 2023
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on January 18, 2023, continued to a regular meeting in said City on February 1, 2023, and thereafter at a regular meeting of said City Council duly held on February 15, 2023, it was duly passed and adopted by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on February 15, 2023.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: February 15, 2023 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:
Fiscal Year 2022-2023 Second Quarter Budget Performance Report with proposed MidYear Amendments to the Annual Operating Budget RECOMMENDATION:
Receive and file the FY 2022-2023 Second Quarter Budget Performance Report; and adopt Resolution No. 2023-08, approving various mid-year amendments to the Fiscal Year 2022-2023 annual operating budget and authorizing changes in appropriations and revenues thereto.
SUMMARY:
One of the Department’s annual goals is to timely inform the City Council on actual operating budget results relative to the annual adopted budget. This report provides information on actual results through December 31, 2022, compared to the adopted budget (Attachment A). Any significant variances identified as a result of reviewing/analyzing the budget performance through December 31, 2022 have been recommended as a mid-year budget amendment. This report also provides budget to actual information on the City’s five Landscape Maintenance Districts.
Staff has completed a mid-year review of the annual operating budget in order to determine appropriate adjustments based on new and/or updated information that was not available when the proposed budget was approved in June 15, 2022. As a result of the mid-year review of the operating budget, staff is recommending that the City Council approve the following changes as outlined in Attachment B.
BACKGROUND:
As part of revenue and expenditure reporting and monitoring program, staff has provided the City Council with quarterly budget performance reports since Fiscal Year 2004.
Attachment A provides information as of the second quarter ended December 31, 2022.
As a result of timing differences, the first six months of actual recorded data may not serve as accurate prediction of what the year-end numbers are likely to be at June 30, 2023.
For example, traditionally the majority of property taxes, sales taxes and franchise fees are received during the second half of the fiscal year. With this in mind, these numbers have been analyzed in conjunction with other historic and currently available data through the first week in February in order to identify material variances with the adopted budget.
Attachment A provides a summary of revenues and expenditures for each operating fund through December 31, 2022.
As a result of the mid-year review of the operating budget, staff is recommending that the City Council approval the following changes as outlined in Attachment B. • Reduce total projected General Fund revenues by $1,803,151 • Reduce total projected General Fund expenditures by $1,588,299 • Increase total projected American Rescue Plan (ARPA) revenues by $198,100 • Increase total projected ARPA expenditures by $2,262,721 • Increase total projected Measure R revenues by $408,000 • Reduce total projected Measure R expenditures by $600,000 • Increase total projected Water Fund expenses by $300,000 • Reduce total projected Gas Tax revenues by $60,986
• Reduce total projected SB-1 Road and Maintenance and Rehabilitation revenues by $21,099
• Increase total projected Supplemental Law revenues by $65,271 • Increase total projected Housing expenditures by $100,000 • Appropriate revenues and expenditures for the following new grants:
o $1,071,435 - California Encampment Response Resolution Grant o $800,000 - Substance Abuse and Mental Health Services Administration Grant
o $3,000 - Supporting Healthy Aging Through Parks and Recreation Grant General Fund Executive Summary
Total projected General Fund revenues are net lower by $1,803,151 mainly due to a decrease in planning and building activities and the slowdown in permit issuance of major projects. Due to this reduction in projected revenue, staff is recommending that expenditures for public safety services (Fire and Sheriff) is reallocated to the ARPA grant, which allows the City Council to appropriate ARPA funds for any legal government purpose except those that are prohibited. With this reallocation, total projected General Fund expenditures would be net lower by $1,588,299. This would result in a net increase to the estimated fund balance amount by $2,155,536 based on the mid-year budget review.
General Fund Revenues
Including the effects of timing differences, the following variances have been identified between adopted budget and actual results through January 31, 2022. These variances are being incorporated as part of the mid-year budget amendments. • Property Tax: Property tax revenues are estimated based on the assessed value of taxable real property in the City. The City's assessed value information was made available by the County in October of 2022 after the budget was adopted.
The low percentage of property tax revenue received as of December 31, 2022, is due to the uneven distribution of property tax receipts during the fiscal year. The
bulk of property tax revenues are received in the months of January and May of each year. Based on actual tax receipts to date, it is anticipated that total receipts for the fiscal year will be higher than the current budget by $340,618 by year-end due to increase in secured taxes and residual tax increment. • Sales Tax: Sales tax is a major component of General Fund revenues. At the beginning of the fiscal year, total sales tax revenues was estimated at $10,925,331. Early FY 2022-2023 data suggests that the strong growth in sales tax revenue experienced during FY 2021-2022 is continuing. Through the month of November 2022, actual Sales Tax receipts totaled $4,632,767, it is anticipated that total receipts for the fiscal year will be higher than the current budget by $193,310. This revision is consistent with the recent projection provided by HDL, the City's sales tax consultant.
• Other Taxes: The other taxes category includes public safety sales tax, business license tax, property transfer tax, transient occupancy tax and satellite wagering tax. Total revenue for this category is tracking slightly lower than anticipated due to lower transient occupancy tax. However, the public safety sales tax is anticipating an increase due to higher sales tax. Based on actual receipts to date, it is anticipated that total receipts for the fiscal year will be lower than the current budget by $70,061 due to the decrease in transient occupancy taxes. • Franchise Fees: Significant amount of the revenues in this category are from electric and gas franchises fees which are received once a year. The City receives payment for electric and gas franchise fees usually in April of the fiscal year.
Refuse franchise revenues are received monthly while cable television franchises are received quarterly. Overall revenue projections for this category are expected to be slightly higher than the adopted budget by $198,141 due to increased cable and refuse franchise receipts.
• Motor Vehicle In-Lieu Fees (MVLF): In 2004, the Legislature permanently reduced the VLF tax rate and eliminated state general fund backfill to cities and counties. Instead, cities and counties now receive additional transfers of property tax revenues in lieu of VLF. Annually, half of the first installment of the replacement property tax is received during the first week of February 2022. Based on the amount of the first installment receipt, MVLF actual receipts are expected to be higher than budget by $335,855 due to growth in assessed valuation. • Intergovernmental: Intergovernmental revenue includes revenues from other government sources such as abatement revenues or state cost reimbursements.
Actual receipts are expected higher than the adopted budget by $25,000 due to increase in state cost reimbursements.
• Fines and Penalties: This revenue category includes vehicle code violation fines, parking citations and abandoned vehicle impound fees. Based on actual receipts, this revenue category is anticipated to be slightly less than budget by $3,018 due to decreased municipal code violation revenues and vehicle impound fees. • Investment Earnings and Lease Income: This revenue category includes investment income earnings and lease income from communication sites and
Silverlakes' leases. Based on actual receipts, revenues are anticipated to be slightly higher than budget by $14,000 due to new communication lease. • Community Development Fees: Community development fees consist of planning, building and safety, and engineering fees. Building permit activity on major projects anticipated for fiscal year 2022-2023 has slowed down. While the major projects were submitted for plan checks as reflected by plan check revenues, it appears that developers are not moving forward at this time with building permit issuance. Planning, building and engineering revenues are anticipated to be lower than budget by $2,839,604.
• Community Services: This category includes recreation activities fees, facilities rentals, Wee-People Program and revenues related to special events. Overall revenue projection for this category is expected to increase by $16,633 due to more participation in recreational programs.
• Other Revenues: This revenue category includes receipt from dog license, Emergency Medical Subscription (EMS), business license renewal and processing fees, penalties, refuse billing and collection, fire inspection fees, etc. Based on actual revenue received, slightly lower receipts are anticipated by $14,025 due to miscellaneous revenues.
• Overhead Cost Allocation Reimbursements: This category includes transfer from other funds for reimbursement of administrative overhead. There are no changes recommended as part of the mid-year review.
General Fund Expenditures
The following variances have been identified between adopted budget and actual results through January 31, 2022. These variances are being incorporated as part of the midyear budget amendments. • Administrative Department: The Administrative Department budget consist of the City Manager's Office, City Clerk, Human Resources, Economic Development and Communications. The budget is recommended to be increased by $48,481 for professional development, supplies, software and contractual services. • Community Development: Community Development Department includes planning, building and safety and code enforcement. The budget is recommended to be increased by $119,984 for professional development, contractual services and vehicle replacement charges.
• Community Services: The Community Services Department includes recreation services, special events, youth and teen services, senior citizens programs and animal control. The budget is recommended to be increased by $94,093 for professional development, contractual services, programs and vehicle replacement charges.
• Facilities and Maintenance: Expenditures in this Department after for Facilities and Park Maintenance costs. With the addition of the Facilities and Park Maintenance Department, there has been many new initiatives and projects that
the Director of Facilities and Maintenance has overtaken to resolve issues that required additional funding. The budget is recommended to be increased by $394,023 for professional development, equipment, equipment rentals, contractual services, and vehicle replacement charges. City Council may consider reallocating costs for facility related project costs and repairs to Measure R. If City Council decides to reallocate costs to Measure R, staff will notify the Measure R Citizen's Oversight Committee.
• Fire, Emergency Medical Services and Sheriff: Expenditures in the Sheriff’s and Fire Departments are below budget as of December 31, 2022, because County billing for contract services usually lag behind by at least 45 days for police services and three or more months for fire services. Cal Fire costs are billed and paid on a quarterly basis. The Sheriff’s costs are billed and paid on a monthly basis. The first payment for the Sheriff’s Department was paid in September 2022. The cost for the department is largely determined based on Riverside County law enforcement contract rates. Staff is recommending a reallocation of $2,488,600 ($1,133,184 for Fire and $1,355,416 for Sheriff) to the American Rescue Plan Act (ARPA) and the Supplemental Law grants. Department of Treasury Regulations allows the City to use all of its allocation as lost revenue replacement. This allows the City Council to appropriate ARPA funds for any legal government purpose except those that are prohibited. To provide flexibility to the City Council in the way these funds are used, the City will be treating all of its allocation as lost revenue replacement. As a result, the General Fund budget is recommended to be decreased by $2,488,600.
• Finance Department: Expenditures in this department are for the finance operations of the City. The budget is recommended to be increased by $8,600 for supplies and increased auditor's costs.
• Legislative Department: Expenditures in the department are for City Council and City Attorney costs. There are no changes recommended as result of this mid-year budget review.
• Non-Departmental: The costs included in non-departmental are General Fund costs that are not budgeted in any specific department. These costs generally benefit multiple departments and consist mainly of expenditures for excess liability insurance, excess worker's compensation insurance, retiree health insurance premiums, contributions to pre-fund retiree health insurance liabilities, selfinsurance liability and worker compensation claim settlements, professional and consultant services, accrued pension liability costs for the dissolved fire department employees, etc. Based on actual expenditures to date, staff is recommending an appropriation be increased by $234,200 for contractual and professional services the Housing Utility Assistance Program. The appropriation includes a reallocation of $125,000 from ARPA grant for the Housing Utility Assistance Program.
• Public Works: Expenditures in this category include Public Work Inspections, Engineering and parkway maintenance costs. Based on actual expenditures, staff is recommending an appropriation of $920.
Overall the General Fund recommended adjustments will result in a net increase to the estimated fund balance amount by $2,155,536 based on the mid-year budget review. (Attachment C)
American Rescue Plan Act (ARPA)
The American Rescue Plan Act Fund was adopted by the City Council on October 20, 2021. ARPA provides Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) to all cities in the United States. The City's total allocation was $6.4 million. The purpose of the funding is to help cities respond and recover from the health and economic impacts from the world- wide Coronavirus Pandemic (COVID-19). It is important to note because the City’s allocation of ARPA funds is less than $10 million, Department of Treasury Regulations allows the City to use all of its allocation as lost revenue replacement. This allows the City Council to appropriate ARPA funds for any legal government purpose except those that are prohibited. To provide flexibility to the City Council in the way these funds are used, the City will be treating all of its allocation as lost revenue replacement.
City Council approved FY 2022-2023 appropriation in the amount of $1.1 million from the City's remaining allocation of $3.2 million. The remaining funds were expected to be appropriated in future fiscal years. However, staff is recommending that the City Council appropriate all remaining ARPA funds in FY 2022-2023. This would include reallocating public safety costs for fire and sheriff expenditures to ARPA and reallocating $125,000 of the Housing Utility Assistance Program to the General Fund as noted above.
Measure R Fund
The second quarter budget to actual budget performance report for Measure R Fund was approved by the Measure R Citizens’ Oversight Committee (COC) on January 25, 2023 and presented to City Council to receive and file as part of this agenda item (see Attachment D). Staff is recommending revenues to increase by $408,000 and expenditures to decrease by $600,000.
Measure R Revenues
Through the month of October 2022, actual Measure R Transactions and Use Tax receipts totaled $2,736,898. Based on actual receipts through October 2022, staff is revising estimated revenue from $7,802,548 to $8,210,548, representing an increase of $408,000.
Measure R Expenditures
Staff has reviewed the status of the projects for FY 2022-2023 Measure R expenditures and has the following proposed expenditure adjustments resulting in a $600,000 decrease to the Measure R budget. Staff reviewed the projects and identified the following projects that most likely will not be in construction by the end of the fiscal year. Staff will subsequently review the projects to be included in the FY 2023-2024 Measure R budget:
• Decrease $250,000 for City Hall/Sheriff Sub-Station Improvements Sub-Station Improvements
• Decrease $200,000 for Facilities and Maintenance Office • Decrease $80,000 for Morena Arena Emergency Bleacher Lighting • Decrease $170,000 for Nellie Weaver Hall Improvements • Decrease $35,000 for Parkridge Avenue Payment Project
In addition, staff is proposing the following new and/or amendments to Measure R projects in FY 2022-2023:
• Redirect Neil Snipes Park Master Plan in the amount of $50,000 to Community Services for Citywide Recreational Programs and Facilities Assessment • Approve $30,000 for special event storage unit
• Increase $235,000 for Pole Barn's Furniture, Equipment and Website Costs:
o $62,000 Banquet/Meeting Hall: Chairs, Tables, Cart, Dance Floor, Podium, Linens
o $10,000 Serving Area: Ice Maker, Refrigerator, Coffee Pot, Beverage Dispensers
o $3,000 Office: Desks, Workstations, Chairs
o $140,000 Small Animal/Livestock Pens
o $20,000 Branding/Website
Water and Sewer Funds Revenues and Expenditures
A review of Water Fund actual revenues through January 2023, indicates that total revenues are tracking within the original budget estimates. Water revenue trends tend to be at their highest in the fall months due to hotter weather while revenue trends decrease in the spring months. Staff is recommending an increase by $300,000 due to repairs of water mainlines and increase in cost for water parts and materials.
Sewer Fund revenues which primarily consists of fixed charges were also reviewed through January 2023 and determined to be tracking within the original budget estimates.
Similarly, expenditures are tracking in line with budget.
Other City Funds
This second quarter report also provides summary information on CDBG, Gas Tax, NPDES and Miscellaneous Grant Funds. NPDES expenditures are tracking to budget.
NPDES revenues have not been received as of December 2022 due to the timing of property tax payments from the County.
Over the last few years, Gas Tax Fund and SB1 Road and Maintenance Rehabilitation Fund has been delayed with the majority of the receipts received in the second half of the fiscal year. In late January, the City received revised gas tax revenue estimates from the State indicating that projected receipts will be slightly less than the adopted budget. Staff is recommending revenues decrease by $60,986 and $21,099, respectively, due to the state's revision.
The Housing Fund provides funding that supports housing programs and resources. Staff is recommending an appropriation increase by $100,000 for housing related consultant services to assist with new housing legislation and requirements, as well as implementation of the "Housing Plan" which includes the veterans housing project.
Grants
The City continues to apply for grants and pursue funding opportunities to enhance the City's programs and services. Staff is recommending an increase in revenues and appropriations for the following grants:
• $65,271 Supplemental Law Enforcement Grant due to population growth to account for funds used for front line law enforcement services • $1,071,435 - California Encampment Response Resolution Grant from the County of Riverside for the Santa Ana River Homeless Project
• $800,000 - Substance Abuse and Mental Health Services Administration Federal Grant for Norco Temporary Homeless Housing and Outreach Project • $3,000 - Supporting Healthy Aging Through Parks and Recreation Grant from the National Recreation and Park Association
Landscape Maintenance Districts
Through meetings and other discussions with residents of Landscape Maintenance Districts (LMDs) in 2012, it was agreed between staff and residents that quarterly budget to actual reports on the LMDs would help residents to better understand how LMD assessment receipts are expended. Attachment A (starting on page 4) provides a budget to actual comparison of each district’s revenues and expenditures through December 31, 2022. The quarterly budget to actual report is also intended to assist staff to better monitor and control costs to ensure expenditures are within amounts approved and levied to homeowners.
As of December 31, 2022, no revenues have been received for any of the districts. The first installment of the assessments was received during the last week of January 2023.
Based on the amounts received for the first installment for each of the districts, staff believes that budgeted revenue numbers would be achieved by the end of the fiscal year.
Actual expenditure amounts shown for each district represent costs that have been paid through December 31, 2022. These costs are typically lower than actual costs incurred due to the time lag between when services are provided by contractors and the time their invoices are submitted and paid.
Staff have met with City Engineer to discuss the feasibility of a Proposition 218 Public Hearing to address those LMDs with deficit fund balances.
FISCAL IMPACT:
Attachment A is informational and provides a summary of the 2nd Quarterly Budget Performance Report. Attachment B provides a summary of proposed budget amendments while Attachment C provides a recapitulation of the impact of the recommended changes on the estimated fund balance of the General Fund.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #3. Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Attachment A
Attachment B
Attachment C
Resolution No. 2023-08
Attachment D - Measure R Staff Report
Attachment A Page 1
City of Norco
General Fund Budget to Actual
Second Quarter Budget Performance Ending December 31, 2022 Amended
Adopted Budget 12/31/2022 Remaining %
General Fund Budget as of 12/31 Actual Budget Achieved
REVENUES
Property Taxes $ 2,370,071 $ 2,370,071 $ 576,823 $ 1,793,248 24% Sales Taxes 10,925,331 10,925,331 3,892,635 7,032,696 36% Motor Vehicle License Fees 3,026,965 3,026,965 - 3,026,965 0% Other Taxes 2,215,176 2,215,176 1,077,430 1,137,746 49% Franchise Fees 2,112,013 2,112,013 629,080 1,482,933 30% Intergovernmental 300 300 145 155 48%
Fines and Penalties 239,645 239,645 115,181 124,464 48% Interest/Lease Income 807,804 807,804 470,360 337,444 58% Community Development Fees 4,874,243 4,874,243 1,252,935 3,621,308 26% Community Services/Recreation 760,777 760,777 440,435 320,342 58% Other Revenues 1,375,135 1,375,135 831,629 543,506 60%
Administrative Overhead/Operating Transfers 1,580,032 1,579,524 790,528 788,996 50% Total Revenues 30,287,492 $ 30,286,984 $ 10,077,181 $ 20,209,803 $ 33%
EXPENDITURES
Sheriff $ 7,552,955 $ 7,552,955 $ 1,510,039 $ 6,042,916 20% Citizens on Patrol 24,037 24,037 10,412 13,625 43%
Crossing Guards 56,000 56,000 15,166 40,834 27%
Total Sheriff Protection 7,632,992 7,632,992 1,535,617 6,097,375 20% Fire Suppression & EMS (CalFire) 5,044,412 5,044,412 58,751 4,985,661 1% Norco Animal Rescue Team 8,876 8,876 12,298 (3,422) 139% Total Fire 5,053,288 5,053,288 71,049 4,982,239 1%
Recreation Services 1,047,524 1,047,524 401,422 646,102 38% Special Events 160,023 160,023 70,247 89,776 44%
Youth & Teen 598,186 598,186 174,292 423,894 29%
Senior Citizens 288,078 288,078 88,504 199,574 31%
Senior-RCTC 45,927 45,927 22,443 23,484 49%
Total Community Services 2,139,738 2,139,738 756,908 1,382,830 35% Animal Control 953,852 981,852 434,132 547,720 46%
Non-Departmental 3,377,863 3,377,863 2,167,028 1,210,835 64% City Clerk 574,217 574,217 245,314 328,903 43%
City Manager 452,670 452,670 446,304 6,366 99%
Communications 260,422 260,422 92,584 167,838 36%
Human Resources 237,354 237,354 109,606 127,748 46%
Economic Development 122,669 122,669 16,189 106,480 13% Fiscal & Support Services 802,202 802,202 349,388 452,814 44% Total Admin, Econ. Dev & Finance 2,449,534 2,449,534 1,259,385 1,190,149 51% City Council 99,767 99,767 43,996 55,771 44%
City Attorney 250,000 250,000 99,732 150,268 40%
Total City Council & City Attorney 349,767 349,767 143,728 206,039 41% Engineering 443,914 493,614 182,136 311,478 41%
Inspection 20,000 20,000 4,895 15,105 24%
Parkway Maintenance 102,642 104,222 44,198 60,024 43%
Total Public Works & Engineering 566,556 617,836 231,229 386,607 41% Code Enforcement 382,293 382,293 91,216 291,077 24%
Building & Safety 1,080,878 1,080,878 473,018 607,860 44% Planning 648,849 648,849 295,229 353,620 46%
Total Community Development 2,112,020 2,112,020 859,464 1,252,556 41% Park Maintenance 1,338,641 1,343,908 638,957 704,951 48% Public Buildings 1,836,727 1,857,798 928,028 929,770 51% Total Facilities and Maintenance 3,175,368 3,201,706 1,566,985 1,634,721 49% Total Expenditures 27,810,978 $ 27,916,596 $ 9,025,524 $ 18,891,072 $ 32% Revenues Over (Under) Expenditures 2,476,514 $ 2,370,388 $ 1,051,657 $ 1,318,731 $
Attachment A Page 2
City of Norco
Schedule of American Resuce Plan Act Revenues & Expenditures Second Quarter Budget Performance Ending December 31, 2022 Amended 12/31/2022 %
American Rescue Plan Act (ARPA) Budget Actual Achieved
Revenues:
ARPA Revenues 3,182,121 $ 3,380,221 $ 106%
Interest Income 17,500 9,739 56%
Total Revenues 3,199,621 $ 3,389,960 $ 106%
Expenditures:
Covid-19 Related Salaries - $ 37,438 $ NA
Unemployment - 4,678 NA
Special Departmental 60,000 29,856 50%
CalFire Contractual Services - - 0%
Law Enforcement Contractual Services - - 0%
Utility Subsidy Program 250,000 107,111 43%
Homeless Programs and Services 500,000 55,902 11%
ARPA Additional Relief for Utility Billing 75,000 - 0%
Small Business Grant Program 100,000 35,000 35%
Equipment 150,000 - 0%
Total Expenditures 1,135,000 $ 269,985 $ 24%
Revenues Over (Under) Expenditures $ 2,064,621 $ 3,119,975
Attachment A Page 3
City of Norco
Schedule of Other Funds Revenues & Expenditures
Second Quarter Budget Performance Ending December 31, 2022 Amended 12/31/2022 %
Fund Description Budget Actual Achieved
WATER FUND
Revenues $ 13,562,316 $ 5,927,491 44%
Expenditures 13,474,454 5,214,932 39%
Revenues Over (Under) Expenditures 87,862 $ 712,559 $
SEWER FUND
Revenues $ 7,915,708 $ 3,441,955 43%
Expenditures 7,425,416 2,942,752 40%
Revenues Over (Under) Expenditures 490,292 $ 499,203 $
GAS TAX
Revenues $ 753,648 $ 240,688 32%
Expenditures 965,848 267,130 28%
Revenues Over (Under) Expenditures (212,200) $ (26,443) $
NPDES FUND
Revenues $ 133,000 $ - 0%
Expenditures 182,237 54,067 30%
Revenues Over (Under) Expenditures (49,237) $ (54,067) $ CDBG
Revenues $ 87,000 $ - 0%
Expenditures 87,000 12,000 14%
Revenues Over (Under) Expenditures $ - $ (12,000)
MISCELLANEOUS GRANTS
Revenues $ 493,634 $ 62,541 13%
Expenditures 493,634 124,328 25%
Revenues Over (Under) Expenditures - $ (61,788) $
SUPPLEMENTAL LAW ENFORCEMENT
Revenues $ 100,000 $ 98,605 99%
Expenditures 100,000 98,605 99%
Revenues Over (Under) Expenditures - $ - $
Attachment A Page 4
City of Norco
Schedule of Landscape Maintenance District Revenues & Expenses Second Quarter Budget Performance Ending December 31, 2022 Amended 12/31/2022 %
Landscape Maintenance District #1 Budget Actual Achieved Revenues:
LMD #1 Assessments 11,667 $ - $ 0%
Total Revenues 11,667 $ - $ 0%
Expenditures:
Observation 4,546 $ 1,581 $ 35%
Tree Replacement 250 - 0%
Water Charges 4,425 1,663 38%
Electricity Charges 150 38 25%
Telephone Charges 200 128 64%
Landscape Maintenance 3,198 1,753 55%
Contractual 11,470 - 0%
Administrative Overhead 537 267 50%
Admin Fees-Property Taxes 150 - 0%
Incidentals 400 - 0%
Fuel - 18 NA
Total Expenditures 25,326 $ 5,447 $ 22%
Revenues Over (Under) Expenditures $ (13,659) $ (5,447) Fund Balance:
Ending Fund Balance June 30, 2022 735 $
Attachment A Page 5
City of Norco
Schedule of Landscape Maintenance District Revenues & Expenses Second Quarter Budget Performance Ending December 31, 2022 Amended 12/31/2022 %
Landscape Maintenance District #2 Budget Actual Achieved Revenues:
LMD #2 Assessments 174,963 $ - $ 0%
Interest Income - (23) NA
Total Revenues 174,963 $ (23) $ 0%
Expenditures:
Observation 22,570 $ 7,906 $ 35%
Tree Replacement 3,000 - 0%
Equestrian Trails 44,885 25,202 56%
Water Charges 34,710 19,848 57%
Electricity Charges 2,000 495 25%
Telephone Charges 206 - 0%
Landscape Maintenance 44,353 15,792 36%
Wet Lands Area 534 - 0%
Park Maintenance 9,614 4,136 43%
Contractual 13,150 1,184 9%
Administrative Overhead 7,340 3,668 50%
Admin Fees-Property Taxes 242 - 0%
Incidentals 1,000 - 0%
Fuel - 89 NA
Operating Contingency 3,186 - 0%
Total Expenditures 186,790 $ 78,320 $ 42%
Revenues Over (Under) Expenditures (11,827) $ (78,343) $ Fund Balance:
Ending Fund Balance June 30, 2022 (756) $
Attachment A Page 6
City of Norco
Schedule of Landscape Maintenance District Revenues & Expenses Second Quarter Budget Performance Ending December 31, 2022 Amended 12/31/2022 %
Landscape Maintenance District #3 Budget Actual Achieved Revenues:
LMD #3 Assessments 98,120 $ - $ 0%
Interest Income - (15) NA
Total Revenues 98,120 $ (15) $ 0%
Expenditures:
Observation 18,182 $ 6,325 $ 35%
Equestrian Trails 7,040 5,392 77%
Tree Replacement 2,500 - 0%
Water Charges 41,870 16,635 40%
Electricity Charges 1,200 386 32%
Telephone Charges 65 - 0%
Landscape Maintenance 34,235 18,278 53%
Contractual 12,704 799 6%
Administrative Overhead 5,068 2,536 50%
Admin Fees-Property Taxes 266 - 0%
Incidentals 1,000 - 0%
Fuel - 71 NA
Operating Contingency 3,476 - 0%
Total Expenditures 127,606 $ 50,422 $ 40%
Revenues Over (Under) Expenditures (29,486) $ (50,437) $ Fund Balance:
Ending Fund Balance June 30, 2022 9,222 $
Attachment A Page 7
City of Norco
Schedule of Landscape Maintenance District Revenues & Expenses Second Quarter Budget Performance Ending December 31, 2022 Amended 12/31/2022 %
Landscape Maintenance District #4 Budget Actual Achieved Revenues:
LMD #4 Assessments 494,209 $ - $ 0%
Interest Income - 329 NA
Total Revenues 494,209 $ 329 $ 0%
Expenditures:
Observation 31,818 $ 11,069 $ 35%
Equestrian Trails 88,516 57,627 65%
Tree Replacement 5,000 - 0%
Water Charges 131,852 60,734 46%
Electricity Charges 7,827 3,047 39%
Telephone Charges 739 121 16%
Landscape Maintenance 161,814 83,871 52%
Natural Open Space 14,472 - 0%
Wet Lands Area 5,884 - 0%
Park Maintenance 19,215 3,417 18%
Contractual 3,893 2,414 62%
Administrative Overhead 30,724 15,364 50%
Admin Fees-Property Taxes 401 - 0%
Incidentals 10,000 5,878 59%
Fuel - 125 NA
Operating Contingency 17,412 358 2%
Storm Sewer Lines 20,000 - 0%
Total Expenditures 549,567 $ 244,024 $ 44%
Revenues Over (Under) Expenditures $ (55,358) $ (243,695) Fund Balance:
Ending Fund Balance June 30, 2022 331,081 $
Attachment A Page 8
City of Norco
Schedule of Landscape Maintenance District Revenues & Expenses Second Quarter Budget Performance Ending December 31, 2022 Amended 12/31/2022 %
Landscape Maintenance District #5 Budget Actual Achieved Revenues:
LMD #5 Assessments 65,096 $ - $ 0%
Interest Income - 202 NA
Total Revenues 65,096 $ 202 $ 0%
Expenditures:
Observation 13,638 $ 4,744 $ 35%
Equestrian Trails 8,924 6,991 78%
Tree Replacement 500 - 0%
Water Charges 11,726 6,603 56%
Electricity Charges 621 157 25%
Telephone Charges 68 - 0%
Landscape Maintenance 17,842 9,039 51%
Park Maintenance - 3,612 NA
Contractual 2,704 940 35%
Administrative Overhead 2,956 1,480 50%
Admin Fees-Property Taxes 253 - 0%
Incidentals 1,000 - 0%
Fuel - 54 NA
Operating Contingency 3,825 - 0%
Land Improvement - Construction 75,000 - 0%
Total Expenditures 139,057 $ 33,619 $ 24%
Revenues Over (Under) Expenditures (73,961) $ (33,417) $ Fund Balance:
Ending Fund Balance June 30, 2022 151,517 $
Attachment B - Page 1 of 3
GENERAL FUND REVENUE CATEGORIES
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
Property Tax 2,370,071 $ 2,710,689 $ 340,618 $ Slight increase related to secured property tax and property tax increment Sales Tax 10,925,331 11,118,641 193,310 Increase based on current actuals Other Taxes 2,215,176 2,145,115 (70,061) Estimated decrease based on current actuals in transient occupancy tax Franchise Fees 2,112,013 2,310,154 198,141 Increase based on current actuals in refuse and cable franchise Motor Vehicle in Lieu Tax - VLF 3,026,965 3,362,820 335,855 Increase based on current actuals Intergovernmental 300 25,300 25,000 Increase based on state reimbursement claims Fines and Penalties 239,645 236,627 (3,018) Slight decrease in municipal code fines based on actual receipts to date Investment Earnings and Lease Income 807,804 821,804 14,000 Increase based on new communication lease Community Development Fees 4,874,243 2,034,639 (2,839,604) Decrease in planning and building based on actual receipts to date and slow down in permit issuance of major projects
Community Services 760,777 777,410 16,633 Slight increase in community services programs Other Revenues 1,375,135 1,361,110 (14,025) Slight decrease in various other revenues Overhead and Transfers 1,579,524 1,579,524 - No change based on current actuals Total Revenues 30,286,984 $ 28,483,833 $ (1,803,151) $
GENERAL FUND EXPENDITURES
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
Administration 1,524,663 $ 1,573,144 $ 48,481 $ Increase in supplies, software and contractual services Community Development 2,234,689 2,354,673 119,984 Increase in contractual services and vehicle replacement charges Community Services 3,121,590 3,215,683 94,093 Increase in contractual services, programs and vehicle replacement charges Facilities and Maintenance 3,201,706 3,595,729 394,023
Increase in contractual services, equipment, equipment rentals and vehicle replacement charges
Fire and Emergency Medical Services 5,053,288 3,920,104 (1,133,184) Reallocate to ARPA grant Fiscal and Support Services 802,202 810,802 8,600 Increase in supplies and auditor's costs Legislative 349,767 349,767 - No change based on current actuals Non-Departmental 3,377,863 3,612,063 234,200
Increase in contractual and professional services and reallocation of the Utility Billing Housing Assistance Program from the ARPA grant
Public Works 617,836 618,756 920 Slight increase based on current actuals Sheriff 7,632,992 6,277,576 (1,355,416) Reallocate to ARPA grant Total Expenditures 27,916,596 $ 26,328,297 $ (1,588,299) $
GENERAL FUND SUMMARY
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
Total General Fund Revenues 30,286,984 $ 28,483,833 $ (1,803,151) $ Projected revenues for FY 2022-2023 decreased by $1,803,151 Total General Fund Expenditures 27,916,596 26,328,297 (1,588,299) Projected expenditures for FY 2022-2023 decreased by $1,588,299 Total Revenues Over (Under) Expenditures 2,370,388 $ 2,155,536 $ (214,852) $ Estimated General Fund Balance for FY 2022-2023 increased by $2,155,536 City of Norco
FY 2022-2023 Mid-Year Budget Amendments Schedule
Attachment B - Page 2 of 3
City of Norco
FY 2022-2023 Mid-Year Budget Amendments Schedule
ARPA REVENUES AND EXPENDITURES
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
ARPA Revenues 3,199,621 $ 3,397,721 $ 198,100 $ Increase in ARPA from prior year's unspent balance ARPA Expenditures 1,135,000 3,397,721 2,262,721 Allocate revenue loss for public safety Total Revenues Over (Under) Expenditures 2,064,621 $ - $ (2,064,621) $
MEASURE R REVENUES AND
EXPENDITURES
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
Measure R Sales and Use Tax Transactions 7,802,548 $ 8,210,548 $ 408,000 $ Increase in Measure R sales and use tax transactions Measure R Expenditures 16,590,000 $ 15,990,000 (600,000) $ Reallocate Measure R projects to next fiscal year in the amount of $915,000 and increase $235,000 for Pole Barn Furniture and Equipment, $50,000 for Citywide Community Services Assessment and $30,000 for special event storage unit Total Revenues Over (Under) Expenditures (8,787,452) $ (7,779,452) $ 1,008,000 $
WATER FUND EXPENSES
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
Total Water Fund Expenses 13,474,454 $ 13,774,454 300,000 $ Increase in contractual services for emergency repairs of water mainlines and increase in cost for water parts and materials
GAS TAX FUND REVENUE CATEGORIES
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
2103 Apportionment 243,257 $ 228,834 $ (14,423) $ Based on State revision - recovery in fuel consumption and rate adjustments 2105 Apportionment 168,531 160,858 (7,673) Based on State revision - recovery in fuel consumption and rate adjustments 2106 Apportionment 105,646 104,073 (1,573) Based on State revision - recovery in fuel consumption and rate adjustments 2107 Apportionment 230,014 192,697 (37,317) Based on State revision - recovery in fuel consumption and rate adjustments Total Revenues 747,448 $ 686,462 $ (60,986) $
Attachment B - Page 3 of 3
City of Norco
FY 2022-2023 Mid-Year Budget Amendments Schedule
SB-1 ROAD & MAINTENANCE
REHABILIATION FUND REVENUE
CATEGORIES
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
SB-1 Road Maintenance and Rehabilitation
Account $ 578,187 599,286 $ (21,099) $ Based on State revision - higher gas tax receipts
SUPPLEMENTAL LAW REVENUE
CATEGORIES
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
Supplemental Law Revenue 100,000 $ 165,271 $ 65,271 $ Based on State revision - population growth
HOUSING EXPENDITURE CATEGORIES
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
Contractual Services - $ 100,000 $ 100,000 $ Housing Consultant GRANTS
Budget
Amount
Mid-Year
Budget
Estimate
Proposed
Adjustment Comments
California Encampment Response Resolution
Grant $ 1,071,435 - $ 1,071,435 $ County of Riverside Grant for Santa Ana River Homeless Project Substance Abuse and Mental Health Services
Administration (SAMHSA) Grant 800,000 - 800,000 Federal Grant for Norco Temporary Homeless Housing and Outreach Project Supporting Healthy Aging Through Parks and
Recreation Grant 3,000 - 3,000 National Recreation and Park Association