Norco City Council
February 15, 2023

AGENDA
City Council
Wednesday, February 15, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
Conf. Room A and B - Norco City Hall
2870 Clark Avenue, Norco, CA 92860
CALL TO ORDER 5:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Ted Hoffman, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Greg Newton, Council Member
WORKSHOP - 5:00 PM - CITY HALL CONFERENCE ROOM A AND B
Industrial Standards Discussion with Planning Commission Members A. Consideration of amendments to the Norco Zoning Code Industrial Standards in M-1 "Heavy Commercial/Light Manufacturing" Zone, and the Industrial District within the Gateway Specific Plan
RECOMMENDATION:

Provide feedback on the recommended changes to the Norco Zoning Code Industrial Standards.

Staff Report - Pdf
CLOSED SESSION - 6:00 PM - CITY HALL CONF. ROOM A AND B §54956.8 - Conference with Legal Counsel - Real Property Negotiation Property: APNs: 131-112-002, 131-112-003, 131-112-004, 131-112-005, 131-112- 006, 131-112-013, and 131-112-014
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
RECONVENE PUBLIC SESSION - 7:00 PM - COUNCIL CHAMBER

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Robin Grundmeyer
INVOCATION Pastor Michelle Ehrenberg
The Redeemer's Community Church
RECOGNITION Retirement
John Harper City Attorney
City Council Agenda - February 15, 2023
PRESENTATIONS Proclamation
Black History Month

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.

2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

Staff Report - Pdf

2.B. Approval of City Council Special Meeting Minutes and Regular Meeting Minutes
RECOMMENDATION:

Approve the City Council Special Meeting Minutes of January 14, 2023 and Regular Meeting Minutes of February 1, 2023.

Staff Report - Pdf

2.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on February 8, 2023
RECOMMENDATION:

Receive and file the recap of actions taken by the Planning Commission at its meeting held on February 8, 2023
Staff Report - Pdf

City Council Agenda - February 15, 2023

2.D. Acceptance and Award of Contract for the procurement of equipment for the Wayne Makin Sports Lighting LED Upgrade Project, Project No. 54111.4 RECOMMENDATION:

Accept Sourcewell Purchase Contract Number 071619-MSL, and Contract with Musco Sports Lighting, LLC in the amount of $1,525,000 for the procurement of materials for the Wayne Makin Sports Lighting LED Upgrade Project.

Staff Report - Pdf

2.E. Purchase of 2023 John Deere 35G Compact (Mini) Excavator from RDO Equipment Company
RECOMMENDATION:

Accept the quote from RDO Equipment Company, Riverside, CA, for one (1) 2023 John Deere 35G Compact (Mini) Excavator and authorize the City Manager to approve a purchase order in the amount of $63,935.

Staff Report - Pdf

2.F. Five-Year Contract with Smart Energy System, Inc. to Renew the City's Utility Billing Portal
RECOMMENDATION:

Award a five-year contract to Smart Energy System, Inc., dba Smart Energy Water, totaling $95,572 to renew the City's utility billing portal.

Staff Report - Pdf

2.G. Approval of Parcel Map 38205 - Saddle Ranch Phase 2 RECOMMENDATION:

Approve Parcel Map 38205 and authorize the City Clerk to sign the map Staff Report - Pdf

2.H. 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.

Staff Report - Pdf

City Council Agenda - February 15, 2023

2.I. 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.

Staff Report - Pdf

2.J. 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.

Staff Report - Pdf

2.K. 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.

Staff Report - Pdf

2.L. Termination Agreement Regarding Western Community Energy RECOMMENDATION:

Approve the Termination Agreement Regarding Western Community Energy.

Staff Report - Pdf

3. ITEM(S) PULLED FROM CONSENT CALENDAR

4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding matters not on the agenda may be heard. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made.

The governmental body shall not discuss or act relative to any general public comment.

5. LEGISLATIVE MATTERS

City Council Agenda - February 15, 2023
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed.

5.A. 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. Staff Report - Pdf

6. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:

1. Staff Report Presentation

2. Council Questions of Staff

3. Public Comment

4. Council Discussion and Action

6.A. Fiscal Year 2022-2023 Second Quarter Budget Performance Report with proposed Mid-Year 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.

Staff Report - Pdf

6.B. Consideration of the City's Legislative Platform for 2023 RECOMMENDATION:

Adopt Resolution No. 2023-09, to approve the Legislative Platform 2023 for the City of Norco, and authorize actions in support of the platform.

Staff Report - Pdf

City Council Agenda - February 15, 2023

6.C. Restructuring of COVID-related Loan and Grant Programs to a new Small Enterprise Assistance Loan (SEAL) Program in support of Economic Development
RECOMMENDATION:

Approve restructuring the existing COVID-related Small Business Grant and Small Enterprise Assistance Loan (SEAL) Programs into a targeted small business loan program; and the Fiscal Year (FY) 2023-2024 Budget be amended to consolidate remaining funds from these existing programs into the new program in the Special Revenue Fund.

Staff Report - Pdf

7. CITY COUNCIL / STAFF COMMUNICATIONS

8. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office. Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.

City Council

STAFF REPORT
Date: February 15, 2023 Agenda Item:

A.

To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:

Consideration of amendments to the Norco Zoning Code Industrial Standards in M-1 "Heavy Commercial/Light Manufacturing" Zone, and the Industrial District within the Gateway Specific Plan
RECOMMENDATION:

Provide feedback on the recommended changes to the Norco Zoning Code Industrial Standards.

SUMMARY:

Updates/amendments to the Zoning Code Industrial Standards are required in response to the City Council imposition of a moratorium on the approval of new entitlement applications for the construction of industrial and warehouse buildings in the City. The purpose of this workshop is for staff to present a comprehensive list of recommendations on how the City’s industrial zones should be updated, and ask for feedback on the proposed amendments.

BACKGROUND:

The City of Norco hired Lisa Wise Consulting, Inc. (LWC) to prepare draft amendments to the Zoning Code Industrial Standards in the M-1 "Heavy Commercial/Light Manufacturing" Zone and the Industrial District within the Gateway Specific Plan. The updates are recommended in response to Council imposition of an extension, approved on September 21, 2022, to a previously approved moratorium on the approval of new entitlement applications for the construction of industrial and warehouse buildings in the City. The moratorium will expire on August 16, 2023.

Following this workshop, LWC will assist City staff to draft amendments to the City’s existing industrial regulations to provide new or updated development, use, and operational regulations for industrial and warehouse uses which are proposed to be adopted by the City Council prior to the expiration of the moratorium.

Planning staff will clarify the purpose of the proposed amendments and the importance of completing them in an expeditious manner prior to the expiration of the moratorium.

Attached to this report is the "Recommendations Memo" from our consultant that provides the background that led to the recommendations, which are supported by staff, that will be presented at the meeting.

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):

LWC Recommendation Memo

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 1 MEMO
To:

From:

Date:

Subject:

City of Norco
Lisa Wise Consulting, Inc.

January 27, 2023
Recommendations Memo for City of Norco Industrial Zone Amendments Introduction
A. Purpose of Project
The City of Norco hired Lisa Wise Consulting, Inc. (LWC) to prepare amendments to the Zoning Code’s industrial standards in the M-1 Heavy Commercial/Light Manufacturing Zone and the Industrial District within the Gateway Specific Plan. The updates are required in response to the City Council’s imposition of an extension approved on September 21, 2022 to a previously approved moratorium on the approval of new entitlement applications for the construction of industrial and warehouse buildings in the City. The moratorium will expire on August 16, 2023. LWC will assist City staff to draft amendments to the City’s existing industrial regulations to provide new or updated development, use, and operational regulations for industrial and warehouse uses which are proposed to be adopted by the City Council prior to the expiration of the moratorium.

B. Purpose of This Recommendations Memo
The Recommendations Memo completes Task 1.C (Recommendations Memo) of LWC’s scope of work. The Memo provides comprehensive recommendations for how the City’s industrial zones may be updated. The Memo will be presented at a special joint meeting of the Planning Commission and City Council scheduled at 5:00 pm on Wednesday, February 15, 2023.

Progress Thus Far
The project to update the City’s industrial zones commenced officially with a Kick-Off Meeting with City Staff on December 13, 2022. In this meeting City staff clarified the purpose of the proposed amendments and the importance of completing them in an expeditious manner prior to the expiration of the moratorium, and in the weeks following the meeting, provided LWC with background data and documents, including copies of the General Plan, Zoning Code, and Zoning Map, as well as maps, plans, and documents for a number of recently approved warehouse/distribution facility developments in the Gateway Specific Plan area A review of the City’s 2009 General Plan was also completed. The following statements from the Land Use Element are relevant (italic emphasis added):
• Section 3.3.4 Industrial Zoning Designations: “Consistent with Policies 2.2.2.d, 2.3.1.e, and 2.3.1.g discussed in the Land Use Element, the City shall consider the Gateway Specific Plan for possible modifications to accommodate mixed-use commercialresidential projects in the Industrial District, including the Norco Ranch property”.

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 2 • The General Plan and Zoning Code describe the intent of the M-1 Industrial Zone as:

Section 18.24.02 (Intent and Purpose) “This zone is intended to provide an orderly development of heavy commercial and light manufacturing uses in harmony with each other and the rest of the community. Provisions of this zone are designed to insure that said uses will be protected from inharmonious uses, and to minimize any undesirable effects of heavy traffic or other operating characteristics.” • The General Plan and Gateway Specific Plan describe the intent of the Industrial Zone as:

Section 4.10.1.4 (Industrial District) “The Industrial District is intended to facilitate the economic development of the City by creating an expanded employment base. This District provides for the development of light industrial land uses which generally includes research & development facilities, light manufacturing activities, custom manufacturing, assembly, fabrication and wholesaling with related office and administrative functions.” Using these materials as well as other online research and additional calls with City staff, LWC has gained an understanding of the development issues in the City’s industrial zones. Task 2.B (Online-Stakeholder Meeting) of LWC’s scope of work involved an online Zoom call scheduled for January 5, 2023 with developers, stakeholders, and property owners invited by City staff. Aside from LWC and City staff, nine individuals joined the call to share their perspectives on the moratorium, industrial and warehouse development in Norco, and to offer ideas and suggestions for updates to the Zoning Code. The key takeaways from this informative discussion are summarized below:

1. General concern with the moratorium and why it was established by the City. Many participants would like to see the moratorium lifted and the Chartwell development proposed on Parkridge Avenue in the Gateway Specific Plan area be allowed to proceed.

2. Limited revisions to the City’s existing industrial standards in the Zoning Code are needed as the current standards allow for modern state-of-the-art industrial developments.

Concern that new standards will over-regulate design.

3. The City’s existing discretionary standards work well, and there was support for, and an appreciation of, the current site plan approval process that allows for negotiation and the approval of high-quality projects. This has allowed for the negotiated resolution of ways to mitigate, for example, potential impacts caused by truck traffic, building size and placement, dock doors, etc.

4. The existing use tables are appropriate; there was support for maintaining warehouse and distribution uses in the use tables.

5. It was stated that it is very hard to establish new manufacturing uses in southern California for a number of reasons, including the State’s current regulatory environment and the cost and availability of electrical power that may not be able to meet the demand for new manufacturing in the area.

6. There was an overall sense that it was very important to maintain flexibility in the uses allowed and applicable standards with concern for that new architectural design standards could result in a one-size-fits-all approach. For example, it was suggested that use definitions need to be broadly written.

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 3

7. If the industrial zone standards are amended, it was suggested that the Applicability section should specifically exclude their application from the Chartwell site that is subject to the moratorium.

Recommendations for Updating the Industrial Zones
General recommendations for updating the City of Norco’s M-1 Heavy Commercial/Light Manufacturing Zone and the Industrial District within the Gateway Specific Plan are included in the paragraphs below. Attachment A includes the content of Chapter 18.24 (M-1 Zone Heavy Commercial/Light Manufacturing) as well as Section 4.10.1.4 (Industrial District) of the Gateway Specific Plan.

These recommendations will be the focus of the PowerPoint presentation and discussion with the Planning Commission and City Council at the February 15th joint meeting where it is expected that policy direction will be provided on which of these recommendations should be incorporated as amendments to the Zoning Code.

A. Update and Expand Intent and Purpose Statements
The intent and purpose statements for both industrial districts emphasize light industrial and light manufacturing uses, including for example custom manufacturing, assembly, and fabrication, as well as wholesaling with related office and administrative functions.

Recommendation: Update and clarify the Intent and Purpose Statements to remove vague statements such as “uses in harmony with each other”; to emphasize the types of uses preferred by the City (i.e. potentially not allowing any additional warehouse and distribution uses); and, require new uses to be consistent with the policy direction provided in the General Plan Land Use Element (see below whether uses that allow for an “expanded employment base” and mixed-uses are desirable in Norco’s industrial zones).

B. Update Use Tables
The use tables (See Section 18.24.06, Permitted Uses) in the M-1 Zone and the “Summary of Permitted (X) and Conditionally Permitted (O) Uses” in the Gateway Specific Plan Industrial Zone are inconsistent, overly detailed compared to best practices, poorly organized, and do not include accurate use descriptions/categorizations for such uses as warehouses, distribution centers, etc. that are currently entitled and under development in Norco. Attachment B consolidates all uses from both industrial zones in one table.

Recommendations:

1. Update the land use tables to emphasize light manufacturing and production uses, research and development facilities, and custom manufacturing, assembly, and fabrication uses consistent with the General Plan Land Use Element and the existing purpose and intent statements of the M-1 and Industrial Zones. Additional uses consistent with the General Plan Land Use Element to provide an “expanded employment base” and mixed-use developments may also be included.

2. Update the land use tables to no longer allow large warehousing and distribution uses or to potentially only allow warehousing and distribution uses below an

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 4 agreed upon size/floor area threshold. This would enable, for example, small locally-serving warehouse uses, such as furniture storage.

3. Given that the industrial areas are almost entirely built out and fully developed, consideration should be given to what new uses should be allowed through redevelopment, and conversely, what uses in the existing use tables are no longer desired in the community and, therefore, should not be allowed. Possible examples based on their potential impacts on surrounding properties include “Concrete, gypsum, and plaster products”, Paving products”, or “Freight terminals”.

C. Update Development Standards
The principal development standards for the M-1 Zone and the Gateway Specific Plan Industrial Zone are summarized in Attachment C. Generally, the basic standards for each zone, (i.e. setbacks, min. lot dimensions and area, and building height) are different between the two zones. Similarly different requirements for landscaping are also included.

Example development standards from other Zoning Codes are included in the text below.

These are not intended to be applied as written in Norco; further calibration of the standards will be required to ensure that they are appropriately scaled to the needs of the City.

Recommendations:

1. LWC recommends that the base zone standards for the M-1 and Industrial Zone should remain unchanged with, for example, much larger parcels permitted in the Industrial Zone (i.e. minimum 1-acre) compared to 10,000 square feet or about 0.25-acre as a minimum parcel size in the M-1 Zone. Not changing the zoning standards will ensure the intent of the zones remains consistent, especially given that both are essentially built-out, and as city staff has confirmed, are unlikely to change in the short term. It also allows for uses that require larger lot sizes to be sited and developed in the Gateway Specific Plan Industrial Zone where larger lot sizes are available.

2. Update the setback standards in both zones to include greater setbacks based on the size and height of the building, especially when the industrial use is located along a street frontage or adjacent to a residential zone, schools, parks, and similar uses. For example, the City of Rialto, CA code requires “a minimum [setback] of one foot for every one foot of building height, but not less than 25 feet.” Increasing setback standards will be easiest to accomplish in the Industrial Zone where the minimum lot size is 1-acre and where even larger setbacks adjacent to residential zones are possible (with a minimum of 30 feet) that are landscaped with trees, screened with walls, etc.

3. Update the buffer and screening standards in both zones, especially for industrial uses adjacent to a residential zone, schools, parks, and similar uses.

For example, the City of Fontana, CA, requires different buffer requirements based on the size of the building, as well as decorative walls, ground landscaping, and planted trees. The City of Rancho Cucamonga, CA, requires “All new trees planted within the public right-of-way or to screen the front, side or

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 5 rear of a building, and to screen the building from Interstate 15 shall be a minimum 24-inch box and planted 25 – 30 feet apart”. Further, the City of Rialto, CA requires screen walls up to 14 feet in height to screen all parking vehicles including trucks. Within these walls landscape pockets (minimum 3 feet deep and 12 feet long) every 70 feet along the length of the wall are required to break up the extent of the wall.

4. Update the site and architectural standards to include new standards that:
a. Require loading docks and truck entrances to be oriented away from residential, school or park uses. Further, loading docks in warehouse buildings over X square feet in gross floor area – a Norco specific standard can be identified – (the City of Fontana, CA uses 400,000 square feet as a minimum metric) must be located a minimum of 300 feet from residential uses.
b. Require large evergreen trees that are a minimum of 36-inch box spaced no more than 40-feet on center as a screen/buffer to residential, school or park uses.
c. Require trees planted in automobile parking lots to provide at least 35% shade cover within the parking lot with 15 years (City of Fontana, CA). d. Require horizontal wall plane articulation in the form of wall plane projections, recesses, and or projected masses as well as the incorporation of vertical wall plane articulation to break up large building walls (City of Rialto, CA). e. Require enhanced architectural treatments on all sides of a building (City of Rialto, CA) such as combination of accent building materials, windows, reveals, metal eyebrow accents, etc.
f. Include a requirement for underground stormwater retention/detention facilities to avoid the need for aboveground facilities. g. Require truck access gates/guard booths to be positioned within a minimum of 150 feet inside the property to allow for on-site truck queuing (City of Menifee, CA)

5. For new warehouse and distribution uses, include new standards to address truck movement patterns (e.g. include a requirement for a Truck Routing Plan), truck stacking to ensure stacking does not occur in public or private rights-ofway, idling limitations, etc. Some cities include additional requirements for trucks, specifically prohibiting queuing outside the facility, and providing limitations on drivers sleeping or residing in the cab on-site overnight (City of Rialto, CA).

6. The County of Riverside has developed a comprehensive “Good Neighbor” policy for logistics and warehouse/distribution uses that applies to any building larger than 250,000 square feet in size with more than 20 loading bays. This policy, while not necessarily entirely applicable to Norco, includes standards that required studies for Air Quality, a Health Risk Assessment, a Noise Impact Analysis, and a Construction Traffic Control Plan; standards applicable during construction; building siting and design; operations; signage; and community

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 6 benefits, including the need for enhanced community outreach and to mitigate potential offsite impacts.

7. Include new standards requiring the provision of alternative energy facilities and compliance with new alternative energy standards. This may include, for example:
a. Requiring that all building roofs should be solar-ready. b. For buildings over X square in floor area, require the installation of solar panels to provide X percent of the power needed to operate all non-air conditioned portions of the facility including parking areas (e.g. City of Fontana, CA requires 100% solar energy production for buildings over 400,000 square feet). Norco specific standards can be identified. c. Requiring building roofs (e.g. office and administration buildings) to be finished with light-colored roofing materials to reflect heat. d. Require X percent of vehicle parking spaces to be electric vehicle ready (a Norco specific standard can be identified), require on-site motorized operational vehicles to be zero emission, and require the installation of bicycle racks and lockers.

8. Include new operation and construction standards that may include, for example, the addition of cool surface treatments for all drive aisles and parking areas (could include construction with a solar reflective cool pavement such as concrete); a requirement for recycling; or requirements for the implementation of environmentally responsible practices during construction, e.g. use of electric power tools on site, designation of a portion of the site for charging electric powered construction vehicles and equipment, etc.

D. Update Definitions
If it is determined that new warehousing and distribution uses will continue to be permitted in the City, it is recommended that new broadly defined definitions of those uses should be included in the Zoning Code. Some examples of appropriate definitions are inserted below:

City of Rialto, CA:
“Indoor storage facility” means any building primarily used for the indoor storage of goods, products, commodities, materials, supplies, and similar items for the primary purpose of supply chain distribution and fulfillment, including storage warehouses and fulfillment centers.

Storage warehouse” is a type of indoor storage facility whereby a building is primarily used for the indoor storage of goods, products, commodities, materials, supplies, and similar items and used for the bulk sale or bulk distribution of those goods to their direct customers or retail stores. Retail sales from the premises may occur in conjunction to the primary warehouse facility use.
“Fulfillment center” is a type of indoor storage facility whereby a building primarily used to receive, process, and fulfill numerous customer orders for electronic commerce, or “ePage 14 of 282 983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 7 commerce”, retailers. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees.

City of Rancho Cucamonga, CA:

Manufacturing, Green Technology. Activities typically include, but are not limited to, manufacturing, processing, assembling, packaging, treatment, or fabrication of finished made-to-order products utilizing semi-finished manufactured materials rather than raw materials. Examples of green technology manufacturing uses include, but are not limited to solar panels, wind turbines, geothermal system components, and batteries for electric vehicles/bicycles. The uses do not typically produce odors, noise, vibration, or particulates that would adversely affect uses in the same structure or on the same site. Where 24-hour on-site surveillance is necessary, a caretaker’s residence may be permitted with a minor use permit
Manufacturing, light. Activities typically include, but are not limited to, labor- intensive manufacturing, assembly, fabrication, or repair processes which do not involve large container truck traffic or the transport of large-scale bulky products but may include limited rail traffic. The new product may be finished in that it is ready for use or consumption or it may be semi-finished to become a component for further assembly and packaging. These types of business establishments are customarily directed to the wholesale market, interplant transfer, rather than direct sale to the consumer. Such uses may include, but are not limited to, electronic microchip assembly; printing, publishing, and allied industries; food processing and manufacturing; candy and other confectionery products; bottled or canned soft drinks and carbonated water; apparel and other finished products; paperboard containers and boxes; drugs; medical equipment; and small fabricated metal products such as hand tools, general hardware, architectural, and ornamental metal work and toys, amusement, sports, and athletics goods. The activities do not produce odors, noise, vibration, hazardous waste materials, or particulates that would adversely affect other uses in the structure or on the same site. Where 24-hour on- site surveillance is necessary, a caretaker’s residence may be permitted when approved by a minor use permit. a. Manufacturing, Light – Large. A light manufacturing facility with a minimum gross floor area over 50,000 square feet
b. Manufacturing, Light – Small. A light manufacturing facility with 50,000 square feet or less in gross floor area.

E. Update Administrative Procedures

1. Public Noticing: Expanded public notice requirements should be included in Section 18.43.06 (Procedure for Hearings and Appeal Therefrom) so that public notice of public hearings for new warehouse or distribution facilities would be mailed to all property owners within 1,000 feet of the project site (City of Rialto, CA).

2. Applicability: Confirm with the Planning Commission and City Council that the applicability sections for the M-1 and Industrial Zone should clarify where and under what conditions the new standards will apply. For example, should the parcels subject to the moratorium be subject to the new standards and regulations?

983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 8 Next Steps
The next steps to complete the amendments to the City of Norco’s industrial zones are summarized below:
• February 15th: Joint Planning Commission/City Council • February 21st: Confirmation of direction from the Planning Commission and City Council with City staff.
• February 28th: Completion of the Administrative Draft of the updated Code standards for City staff review
• Mid/Late March: Release of the Public Review Draft of the amendments to the industrial zones.
• Late April/early May: City staff led adoption hearings with the Planning Commission and the City Council
• Mid-May: LWC completes any final amendments to the Code text.

Attachments:

A. Chapter 18.24 (M-1 Zone Heavy Commercial/Light Manufacturing) and Section 4.10.1.4 (Industrial District) of the Gateway Specific Plan.

B. Table Comparing Permitted Uses in the M-1 and Gateway Specific Plan Industrial Zones.

C. Table Comparing the Development Standards in the M-1 and Gateway Specific Plan Industrial Zones.

Chapter 18.24
M-1 ZONE HEAVY COMMERCIAL/LIGHT MANUFACTURING
Sections:

18.24.02 Intent and Purpose.

18.24.06 Permitted Uses.

18.24.08 Uses Which may be Permitted by Conditional Use Permit.

18.24.09 Site Development Standards

18.24.10 Lot Area.

18.24.12 Lot Dimensions.

18.24.14 Performance Standards.

18.24.16 Yard Spaces.

18.24.18 Permitted Heights.

18.24.20 Permitted Coverage.

18.24.22 Distance Between Buildings.

18.24.24 Walls, Fences, and Structures in the Setback Areas.

18.24.26 Off-Street Parking and Loading.

18.24.28 Display for Sale or Rental.

18.24.30 Air Conditioning Equipment.

18.24.32 Signs.

18.24.34 Trash Enclosures.

18.24.35 Screening and Buffering.

18.24.36 Landscaping.

18.24.38 Site Plan Review.

18.24.40 Architectural Review.

18.24.02 Intent and Purpose.

This zone is intended to provide an orderly development of heavy commercial and light manufacturing uses in harmony with each other and the rest of the community. Provisions of this zone are designed to insure that said uses will be protected from inharmonious uses, and to minimize any undesirable effects of heavy traffic or other operating characteristics. (Ord. 823; 2006)

18.24.06 Permitted Uses.

The following uses are permitted and land shall be used and buildings and structures shall hereafter be erected, altered, enlarged, or otherwise modified for the uses listed in Table 1: Permitted Uses.

Table 1: Permitted Uses lists use categories and specific uses permitted within the M-1 Zone. The uses and use categories indicated in the table have been grouped under major headings to aid locating a particular use. The uses listed consist of permitted uses and conditionally permitted uses. Across from each use listed is a column which indicates one of the following letters:
“p” Permitted Use
“c” Requires a Conditional Use Permit
It is the intent that if a specific use is consistent with a use category listed as determined by Staff the specific use shall be treated as part of the corresponding use category, even if not specifically listed. In the event that there is difficulty categorizing a specific use the procedures set forth in Chapter 18.42 (Similar Uses) shall be followed.

ATTACHMENT A:

Table 1: Permitted Uses
PERMITTED USE M-1 ZONE
Automobile Services/Automobile Sales
3 Vehicle body repair, conducted
entirely within an enclosed
building including storage
p
3 Automobile/vehicle parts and
accessories, sales, service,
installation
p
3 Tire sales, service, installation, no
retreading or recapping services
p
3 Vehicle glass sales, service,
installation
p
3 Vehicle sales, interior display only p
3 Exterior vehicle storage overnight
as an ancillary use for sale or
awaiting service and repair (not
associated with a towing or
impound yard)
c
3 Agricultural-Open Space-Animal Care
Animal hospitals p
Animal shelters p
Dog kennels p
Veterinary clinics p
The keeping of animals in
connection with a legally
nonconforming residential or
agricultural use, in conformance
with the provisions of
Chapter 18.35 (Standards and
Procedures Related to Animal
Keeping).
p
Dairy products c
Farrier services c
Keeping of animals in conjunction
with nonconforming
residential/agricultural uses
c
Mining operations c
Outdoor recreation c
Poultry operations (hatching,
raising, butchering, marketing)
(chicks, turkey, other fowl, eggs)
1 c
Recreation clubs c
Stables/riding academies c

PERMITTED USE M-1 ZONE
Manufacturing-Processing-Production
Beverage production p
Bio-medical products p
Cabinetry p
Clothing products p
Craft, handicraft
equipment/supplies
p
Dry cleaning plants p
Electrical/electrical equipment
and instruments
p
Food products/packaging p
Furniture and fixtures p
Glass products p
Health/cosmetic
products/toiletries
p
Leather products p
Light assembly/processing p
Lumber/wood products p
Machine/welding shops p
Medical/metalwork products p
Motor vehicle/transportation
equipment
p
Novelties/gifts p
Paper products p
Printing/publishing p
Professional laundries p
Textile products p
Warehousing, distribution p
Wholesale (ancillary sale of items
produced in this zone)
p
Ambulance services c
Concrete, gypsum, plaster
products
c
Paving products c
Pharmaceutical products c
Plastic/rubber products c
Sewage treatment plants c
Stone/cut stone products c
Services
Auction establishments p
Bank/financial services p

PERMITTED USE M-1 ZONE
Building material stores p
Building material yards a
Business support services p
Cold storage, cold storage
lockers
p
Contractor’s equipment rental
and storage yards
c
Farm equipment/supplies p
Food locker p
Glass replacement/repair p
Hardware stores p
Heating, plumbing, air
conditioning sales/service
p
Ice vending stations p
Landscaping equipment
sales/service
p
Lapidary p
Linen, uniform supply, laundry p
Offices (medical) p
Offices (professional) p
Packing and crating p
Paint stores (no bulk storage
paint containers)
p
Parcel delivery p
Pre-fabricated structure sales p
Repair and maintenance products p
Tattoo and Body-Piercing
Establishments
p
2 Taxicab/vehicles for hire
businesses, including office and
dispatch uses, and the storage,
standing, and/or parking of
taxicabs. All vehicles parked onsite shall be in working condition.

Said use shall include ancillary
on-site repair and maintenance of
vehicles listed for use as
taxicabs.
c
Tools and cutlery service/repair p
Towing company dispatch and
office uses with vehicle storage
yards.
c
Vending machine services p

PERMITTED USE M-1 ZONE
Wholesale fuel facilities.
(Amended by Ord. 756 § 1 (part),
2000; Ord. 528 Sec. 5, 1984;
Ord. 409 Sub.Sec. 2, 3, 1978 and
Ord. 306 Sec. 16, 1974)
p
Automotive/vehicle repair and
services
c
3 Child care centers c
Freight terminals c
Gymnasiums/health clubs
(membership)
c
Hospitals c
Indoor recreation c
Mixed-use centers (light
industrial, office, commercial)
(limited to twenty-five (25)
percent commercial uses)
c
Mortuaries c
Offices (government) c
Product testing laboratories c
Public safety, utility facilities c
Satellite dishes/antennas c
Sports equipment rental,
incidental maintenance
c
Studios (art, dance, music, photo) c
Transit stations/terminals c
Wholesale retail stores c
Wireless communication facilities c
Education-Public Places-Government
Auditoriums c
Community centers c
Gymnasiums (public) c
Health centers c
Libraries c
Meeting places, halls c
Membership club facilities c
Museums c
Other Uses
Emergency Housing for the Homeless
Emergency Shelter: as defined in
Chapter 18.02 per the standards
set forth in Section 18.66.04
p

PERMITTED USE M-1 ZONE
Outdoor storage and/or parking (only as
ancillary and secondary in use) to otherwise
permitted or conditionally permitted uses,
subject to any conditions imposed as part of
the approval of a site plan or conditional use
permit. Any vehicle storage shall be
completely screened from adjacent properties
and public view.

Outdoor display for sales or rental (only as
ancillary and secondary in use) to otherwise
permitted or conditionally permitted uses and
not including vehicle sales, subject to any
conditions imposed as part of the approval of
a site plan or conditional use permit.

Notes:

1. If a permit is granted for the said poultry operation use, the Planning Commission and City Council may impose any or all of the following conditions thereon or any variation thereof which is less or more burdensome:
(a) No more than 500 turkeys per acre, in addition to brooding stock, shall be kept, fed, or maintained on property less than five acres in area.
(b) No commercial poultry operation shall be established on property less than nine acres in area or having a width less than 300 feet.
(c) All building and structures associated with the commercial poultry operation shall be constructed or located not less than 25 feet from the rear and side lot lines of subject property and no less than 50 feet from the right-of-way line of a public street.

2. The following regulations pertain to Tattoo and Body-Piercing Establishments. (a) Tattoo and body-piercing establishments are not permitted in any underlying M-1 zones of a specific plan or in any M-1 zones with a Commercial Transition Overlay zone (CTO); (b) Tattoo and body-piercing establishments must not be located within 500 feet of any other tattoo and/or body piercing establishments as measured from any point from the outer boundaries of the building lease space containing the business; and
(c) Tattoo and body-piercing establishments must not be located within 500 feet of any child care center as measured from any point from the outer boundaries of the building lease space containing the business; and (d) Any business engaging in tattooing, body piercing or body art on those anatomical areas specified in Section 18.53.04(j), is deemed an adult oriented-business and is subject to and must comply with all requirements relative to Chapter 18.53 “Adult Entertainment Establishments.”

3. Auto-related services and sales are only listed as permitted uses in the M-1 zone where it is located along Industrial Avenue. These auto-related services and sales are not permitted uses in any other M-1 zone location except that the use “automotive/vehicle repair and services” can be permitted in any other M-1 zone location upon approval of a conditional use permit.

(Ord. 990 Sec. 1, 2015; Ord. 969 Sec. 1, 2014; Ord. 885, 2007; Ord. 877, 2007; Ord. 873, 2007; Ord. 823, 2006; Ord. 756 § 1 (part), 2000; Ord. 528 Sec. 5, 1984; Ord. 409 Sub.Sec. 2, 3, 1978 and Ord. 306 Sec. 16, 1974)

18.24.08 Uses Which may be Permitted by Conditional Use Permit. (Deleted by Ord. 843; 2006; amended by Ords. 756 § 1 (part), 2000; Ord. 345 Sec. 1, 1976)

18.24.09 Site Development Standards
The development standards for the Commercial General Zone are detailed in Table 2: Development Standards and illustrated in Exhibits 18.24.09-1: Elevation and 18.24.09-2: Site Plan.

Table 2: Development Standards
Standard M-1 Zone
Minimum Lot Size 10,000sqft
1 Minimum Lot Width 75ft
Minimum Lot Depth 100ft
Minimum Street Side
Setback
30ft
2 Minimum Interior Side
Setback
0ft
3 Minimum Rear Setback 0ft
3 Maximum Building Height 35ft
4 Maximum FAR N/A
Maximum Lot Coverage N/A
Landscaping Section 18.24.36
Off-Street Parking and
Loading
Chapter 18.38
Signs Chapter 18.37
Wall, Fences, and
Structures in the Setback
Area
Section 18.24.24
Notes:

1. The specified lot area size is not intended to
prohibit two or more separate uses on a lot
where the lot is in undivided ownership.

2. Parking to be permitted in the required front
yard excepting for the front five feet, which
shall be landscaped in accordance with
Section 18.02.04(40), Landscaping.

3. Where the property abuts a school site or
any “A” or “R” Zone a 50-foot building setback
is required. Such yards may be used for offstreet parking.

4. A CUP application may allow for a height
increase up to 50 feet.

Exhibit 18.24.09-1: Elevation
Exhibit 18.24.09-2: Site Plan

18.24.10 Lot Area.
(Deleted by Ord. 843, 2006)

18.24.12 Lot Dimensions.
(Deleted by Ord. 843, 2006)

18.24.14 Performance Standards.

The Planning Commission, or City Council may, as a part of the Site Plan Review procedure, impose any or all of the Performance Standards as specified in Section 18.25.14 of the M-2 zone.

18.24.16 Yard Spaces.
(Deleted by Ord. 843, 2006)

18.24.18 Permitted Heights.
(Deleted by Ord. 843, 2006)

18.24.20 Permitted Coverage.
(Deleted by Ord. 843, 2006)

18.24.22 Distance Between Buildings.
(Deleted by Ord. 843, 2006)

18.24.24 Walls, Fences, and Structures in the Setback Areas.

The provisions of Section 18.31.08 (Walls, Fences, and Structures in the Setback Areas) shall apply. In addition, where a property in this zone abuts any “A” or “R” zone or an LD or OS zone a masonry wall six feet in height shall be erected and maintained along the abutting lot line. The Planning Commission may require that all open storage areas be screened from public view by a solid wall or fence at least six feet high under site plan review.

18.24.26 Off –Street Parking and Loading.
(Deleted by Ord. 843, 2006)

18.24.28 Display for Sale or Rental.
(Deleted by Ord. No. 843; 2006; Ord. 332 Sec. 1 (part), 1975: Ord. 275 Sec. 2 (part), 1973: Ord. 251 Sec. 2 (part), 1973)

18.24.30 Air Conditioning Equipment.
(Deleted by Ord. 843, 2006)

18.24.32 Signs.
(Deleted by Ord. 843, 2006)

18.24.34 Trash Enclosures.

A special trash pick-up area shall be provided for each building at a location and of a certain size as established after site plan review and approval. Said trash area shall be completely enclosed and screened in accordance with Section 18.24.35, Screening and Buffering. (Ord. 843, 2006; Ord. 335 Sec. 2 (part), 1975)

18.24.35 Screening and Buffering.

This section establishes standards for screening and buffering from adjacent properties and the public right-of-way for sensitive land uses, roof and ground mechanical equipment, trash enclosures, loading areas, and surface parking areas.

A. Screening and Buffering of Sensitive Land Uses:

Opaque screening shall be installed to buffer sensitive land uses including, school sites, or any “A” or “R” zone through the use and combination of landscaping and a masonry wall in compliance with Section 18.24.24, Walls, Fences, and Structures in the Setback Area.

B. Mechanical Equipment, Trash Enclosures, and Loading Areas:

Roof and ground mechanical equipment, trash enclosures and loading areas shall be screened from view of the public right-of-way and adjacent properties. The screening shall integrate with the site and be architecturally compatible in material, color, and style with the buildings on the site. Landscaping shall be installed adjacent to walls. (See Exhibit 18.24.35-3: Equipment & Rooftop Screening)
Exhibit 18.24.35-3: Equipment & Rooftop Screening

A. Parking Areas:

For parking areas abutting the public right of way opaque screening shall be installed. The screening shall be a minimum of 36 inches in height in accordance with Section 18.24.36 Landscaping and no higher than 42 inches. The screening shall consist of the use of one or a combination of the following; a landscaped berm, hedges, or masonry wall.

Landscaping shall be installed adjacent to walls. (See Exhibit 18.24.35-4: Landscape Screening) Exhibit 18.24.35-4: Landscape Screening

18.24.36 Landscaping.

A. Minimum Site Landscape Requirements:

1. Notwithstanding anything to the contrary stated in Title 18 of the Municipal Code of the City, all property developed with a building or structure shall have landscaping in an amount equal to no less than five percent of the total area of the property having land improvements thereon.

2. At least 25 percent of such required landscaping shall be located in that portion of the property being used for off-street parking.

3. In addition to said amount of landscaping, a minimum five-foot-wide (5’) planting area immediately adjacent to the right of way and along the extension of those lot lines of the property, including front and side yards which abut streets, shall be provided. However, that portion of the area required for landscaping, which constitutes an access way from the property to the street, need not be landscaped.

4. Any portion of and all of said required landscaped area shall be separated from any portion of the property which is used for parking or movement of vehicles by a wall or curb not less than six inches (6") higher in elevation

than the adjacent area being used for vehicular parking or movement, unless waived to meet the requirements of the water quality management plan.

5. Any landscaping installed immediately adjacent to a lot line, which abuts a street, shall not exceed three feet (3’) in height at any point within twenty five feet (25’) (See Exhibits 18.24.36-5 and 18.24.36-6: Sight Triangle) of the intersection of a vehicular driveway and a street or sidewalk or the intersection of two or more vehicular driveways or streets.

Exhibit 18.24.36-5: Sight Triangle: Street to Street
Exhibit 18.24.36-6: Sight Triangle: Driveway to Street
A. Maintenance Requirements:

1. A permanent irrigation system shall be installed and maintained at all times for irrigation of all landscaped areas.

2. All landscaped areas shall be kept free of weeds, debris, and maintained in a healthy growing condition.

3. Landscaping maintenance shall include but not be limited to pruning, weeding, fertilizing, mowing of lawns, removal of litter, and regular watering.

4. Maintenance of any landscaping between the curb of the street abutting the parcel and the property line shall be the responsibility of the owner of the parcel, unless a recognized association or district has assumed responsibility for maintenance.

B. Landscape Plan Review:

No building permit or occupancy permit shall be issued for any building or structure until landscaping plans for the property on which a building or structure is proposed have been submitted for review and approval by the City’s Planning Department and/or Planning Commission pursuant to Site Plan approval. Such plans shall include, but not limited to, showing the following information:

1. The size and dimension of all landscaped areas;

2. The type and location of irrigation system to be installed and maintained;

3. The type of plant material for each area to be landscaped;

4. Manner of constructing planter curbs, including location thereof, height, width and type of materials thereof. (Ord. 823, 2006; Ord. 311 Sec. 1 (part), 1974)

18.24.38 Site Plan Review.

The provisions of Chapter 18.40 (SITE PLAN REVIEW) shall apply.

18.24.40 Architectural Review.

The provisions of 18.41 (ARCHITECTURAL REVIEW) shall apply.

GATEWAY SPECIFIC PLAN

4.10.1.4 Industrial District
Pages 102�105

4.10.1.4 Industrial District
Toe Industrial District is intended to facilitate the economic development of the City by creating an expanded emp)oyment base. This District provides for the development of light industrial land uses which generally includes research & development facilities, light manufacturing activities, custom manufacturing, assembly, fabrication and wholesaling with related office and administrative functions.
a. Princi paJ Uses Permitted
See Appendix C, Permitted and Conditionally Permitted Uses. b. Limitations on Pennitted Uses
Every use permitted in the Industrial District shall be subject to the following conditions and limitations:
1) No operations and uses conducted on the premises sbaJJ be objectionable by reason of noise, dust, mud, odor, smoke, vibrations or other similar causes; and 2) All uses in the Industrial District shall be conducted completely within a fully enclosed building except:
a) Recreational facilities customarily conducted in the open; b) Exterior storage provided that is is completely surrounded by a m�sonry wall at least seven feet in height;
c) Outdoor dining areas and employee parking; and,
d) Surface parking lots.
3 ) No automobile dismantling businesses are allowed in this district 4) Small professional offices up to 15,000 square feet in floor area may be the principal permitted use except that, in conjunction with a pennitted manufacturing, light industrial, warehousing, distribution, light assembly, processing or mixed use the size may be greater.
102

c. Permitted Accessory Uses
The following uses are permitted in the Industrial District when developed and used in conjunction with one or more of the principal permitted uses. 1) Employee recreation facilities and play areas.
2) Wholesale sales and distribution.
3) Surface parking lots.
4) Open storage incidental to a principal use provided the storage is screened from public view by a solid masonry or stucco stud wall of one color to be not less than seven feet in height. Such storage shall not be stacked above the height of the wall and shall not be located within the required parking area. d. Site Development Standards
Any !!integrated'' industrial center(s) shall be exempt from lot size and frontage requirements; said centers shalJ be subject to the discretionary actions of the Planning Commission.
1) Lot Area
Every lot in the Industrial District shall be a minimum of 43,560 square feet (1.0 acre). Minimum width shall be 125 feet; minimum depth shall be 250 feet. 2) Building Height .

No building or structure within the Industrial District shall exceed a height of 35 feet, however that building utilizing a parapet wall in order to hide rooftop equipment shall not exceed 40 feet. For buildings located within 75 feet of Pacific Avenue right-of-way. a one (1) story or twenty (20) feet building height limitation shall apply.
3) Front Yard Setback Requirements
In the Industrial District the front yard setback shall not be less than fifteen (15) feet from the street right-of-way. These setbacks shall be fully landscaped and maintained in accordance with sub-section (e) Landscape Requirements. No parking shall be allowed in this setback area. The following exception is applicable:
103

a. AH front yard setbacks abutting Second Street between Mountain Avenue and Pacific Avenue, sha11 not be less than 25 feet. No parking shall be allowed in this setback area. These setbacks shall be fully landscaped and maintained in accordance with sub-section (e), (Landscape Requirements).
4) Side Yard Setback Requirements
No side yard setback is required unless one of the following conditions exist, in which case the stated setback requirement shall be applicable:
a) Such side yard abuts one of the following dedicated roadways:

Pacific Avenue
Second Street,
between Mountain
and Pacific Avenues
First Street
Setback
Fifty (50) feet minimum
Twenty (20) feet minimum (fully landscaped)
Twenty (20) feet minimum (fully landscaped)
b) Such side yard abuts any other dedicated street in which case a ten (10) foot suitably landscaped setback is required.
c) Where the abutting property on the side yard is in another district in which case a minimum fifteen (15) foot suitably landscaped setback is required. Landscaped setback shall include a minimum seven (7) foot high masonry wall; location of this wall shall be approved by the City Planning Department. No parking shall be allowed in this setback. 5) Rear Yard Setback Requirements
No rear yard setback is required, unless the abutting property is in a different district or adjacent to a dedicated street in which case an minimum fifteen (15) foot suitably landscaped setback is· required. Landscaped setback shall include a seven (7) foot high masonry wall; location of this wall shall be a pp roved by the City Planning Department. For property abutting Pacific Avenue, a fifty (50) foot setback is required with at least five (5) feet of landscaping adjacent to the right-of-way.
6) Yard Area
Where two or more legally established building sites at the time of adoption of these regulations are combined into one site, the minimum yard area for the new 104

g.
site shall be the aggregate of yard areas that would have been required for each of the original sites under these regulations.

Landscape Requirements
1) In the Industrial District, landscaping requirements shall be as follows:
a) In the front yard setback, an at-grade or raised landscape planter shall be employed except in front yard setbacks fronting First or Second Street, between Mountain Avenue and Pacific Avenue, where the planting areas shall consist of undulatipg earth benns not less than 42" in height. A permanent drought tolerant ground cover such as turf, ivy or gazania, and trees are the basic planting materials recommended. At a minimum, one (1) 15 gallon tree shall be provided for every 25 feet of lot frontage on a dedicated street. Tree groupings shall be informal. A recommended plant palette is included as Appendix B of this Plan.
b) Landscaping is not required in side yard setbacks unless the side yard abuts a dedicated street or abuts a different zoning district. c) Landscaping for the purpose of this chapter shall consist of trees, shrubs, vines, annual and perennial flowers, ground cover or any combination thereof. Drought tolerant species shall be used whenever feasible. d) A minimum of 15 percent of the total of any development site shall be devoted to landscaping which includes all landscaped setback areas.

One-third of the required landscaping shall be in the parking lot areas. e) All landscaped areas shall be provided with permanent watering facilities. f) All landscaped areas shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, weeding, removal of litter, fertilizing and replacement of plants when necessary.
g) Landscape design shall include a variety of open space areas, utilizing earth mounds of variable heights where feasible with a variegated grouping pattern of trees, shrubs and ground cover.
h) Within vehicle parking areas, standards as required in Section 4.10.1.2 (eXl) (f) shall be applicable.

Gateway Specific Plan • I
SECONDSlT. 1 _
,i i
I I
I - u
l
Legend
Specific Plan Zoning
R (Residential)
C (Commercial)
I (Industrial)
OP (Office Park)
SECOND ST.
.; I
T
I!
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Uses M-1 Gateway SP
Vehicle body repair, conducted entirely within an enclosed building including storage P 1 - Automobile/vehicle parts and accessories, sales, service, installation P 1 - Tire sales, service, installation, no retreading or recapping services P 1 - Vehicle glass sales, service, installation P 1 -
Vehicle sales, interior display only P 1 -
Exterior vehicle storage overnight as an ancillary use for sale or awaiting service and repair (not associated with a towing or impound yard) CUP 1 -
Animal hospitals P CUP
Animal shelters P CUP
Dog kennels P -
Veterinary clinics P -
The keeping of animals in connection with a legally nonconforming residential or agricultural use, in conformance with the provisions of Chapter 18.35 (Standards and Procedures Related to Animal Keeping).

P -
Dairy products CUP -
Farrier services CUP -
Keeping of animals in conjunction with nonconforming residential/agricultural uses CUP - Mining operations CUP -
Outdoor recreation CUP -
Poultry operations (hatching, raising, butchering, marketing) (chicks, turkey, other fowl, eggs) 2 CUP -
Recreation clubs CUP CUP
Stables/riding academies CUP CUP
Bakery Goods - P
Beverage production P -
Bio-medical products P -
Cabinetry P -
Candy - P
Clothing products P -
Cosmetics - P
Craft, handicraft equipment/supplies P -
Dairy products - P
Dry cleaning plants P -
Electrical/electrical equipment and instruments P -
Food products (excluding fish and meat products, sauerkraut, vinegar, yeast and the rendering of fats and oils) - P
Food products/packaging P -
Fruit and vegetable packaging - P
Furniture and fixtures P -
Glass products P -
Health/cosmetic products/toiletries P -
Leather products P -
Attachment B. Table Comparing Permitted Uses in the M-1 and Gateway Specific Plan Industrial Zones P = Permitted Use | CUP = Conditional Use Permit required | — = Use not allowed

AUTOMOBILE SERVICES/AUTOMOBILE SALES

MANUFACTURING-PROCESSING-PRODUCTION

AGRICULTURAL-OPEN SPACE-ANIMAL CARE

Uses M-1 Gateway SP
P = Permitted Use | CUP = Conditional Use Permit required | — = Use not allowed Light assembly/processing P P
Lumber/wood products P -
Machine/welding shops P -
Manufacturing/maintenance of electric/neon signs - P
Medical/metalwork products P -
Motor vehicle/transportation equipment P -
Novelties - P
Novelties/gifts P -
Paper products P -
Perfumes - P
Printing/publishing P -
Professional laundries P -
Retail lumber - P
Textile products P -
Warehousing, distribution P P
Wholesale (ancillary sale of items produced in this zone) P - Wholesaling and warehouse - P
Ambulance services CUP CUP
Concrete, gypsum, plaster products CUP -
Paving products CUP -
Pharmaceutical products CUP -
Plastic/rubber products CUP -
Sewage treatment plants CUP -
Shoes - P
Stone/cut stone products CUP -
Stone monument works - P
Toiletries - P
Auction establishments P -
Bank/financial services P -
Building material stores P -
Building material yards A 7 -
Business support services P -
Cold storage, cold storage lockers P -
Contractor’s equipment rental and storage yards CUP -
Delicatessen - CUP
Farm equipment/supplies P -
Food locker P -
Glass replacement/repair P -
Hardware stores P -
Heating, plumbing, air conditioning sales/service P -
Ice vending stations P -
Landscaping equipment sales/service P -
Lapidary P -
Linen, uniform supply, laundry P -
Offices (medical) P -
Offices (professional) P -
Packing and crating P -

SERVICES

Uses M-1 Gateway SP
P = Permitted Use | CUP = Conditional Use Permit required | — = Use not allowed Paint stores (no bulk storage paint containers) P -
Parcel delivery P -
Pre-fabricated structure sales P -
Repair and maintenance products P -
Tattoo and Body-Piercing Establishments P 3 -
Taxicab/vehicles for hire businesses, including office and dispatch uses, and the storage, standing, and/or parking of taxicabs. All vehicles parked onsite shall be in working condition. Said use shall include ancillary on-site repair and maintenance of vehicles listed for use as taxicabs.

CUP -
Tools and cutlery service/repair P -
Towing company dispatch and office uses with vehicle storage yards. CUP - Vending machine services P -
Wholesale fuel facilities. (Amended by Ord. 756 § 1 (part), 2000; Ord. 528 Sec. 5, 1984; Ord. 409 Sub.Sec. 2, 3, 1978 and Ord. 306 Sec. 16, 1974) P - Automotive/vehicle repair and services CUP 1 -
Child care centers CUP -
Freight terminals CUP -
Gymnasiums/health clubs (membership) CUP -
Hospitals CUP -
Indoor recreation CUP -
Mixed-use centers (light industrial, office, commercial) (limited to 25 percent commercial uses) CUP -
Mixed-use projects, including commercial, office and light industrial uses where the light industrial uses make up at least 75% of the total square footage - P Mortuaries CUP -
Offices (government) CUP -
Product testing laboratories CUP -
Research Development and Testing Laboratories - P
Public safety, utility facilities CUP -
Satellite dishes/antennas CUP -
Sports equipment rental, incidental maintenance CUP -
Studios (art, dance, music, photo) CUP -
Transit stations/terminals CUP -
Wholesale retail stores CUP -
Wireless communication facilities CUP -
Auditoriums CUP -
Community centers CUP -
Gymnasiums (public) CUP -
Health centers CUP -
Libraries CUP -
Meeting places, halls CUP -
Membership club facilities CUP -
Museums CUP -
Employee recreation facilities and play areas - P
Wholesale sales and distribution - P

EDUCATION-PUBLIC SERVICES-GOVERNMENT
PERMITTED ACCESSORY USES 4

Uses M-1 Gateway SP
P = Permitted Use | CUP = Conditional Use Permit required | — = Use not allowed Surface parking lots - P
Open and storage incidental to a principal use 5 - P
Emergency Shelter 6 P -
7 Assumption is made the "A" refers to a permitted use. 6 Emergency Shelter: as defined in Chapter 18.02 per the standards set forth in Section 18.66.04 Outdoor storage and/or parking (only as ancillary and secondary in use) to otherwise permitted or conditionally permitted uses, subject to any conditions imposed as part of the approval of a site plan or conditional use permit. Any vehicle storage shall be completely screened from adjacent properties and public view.

Outdoor display for sales or rental (only as ancillary and secondary in use) to otherwise permitted or conditionally permitted uses and not including vehicle sales, subject to any conditions imposed as part of the approval of a site plan or conditional use permit.
3 The following regulations pertain to Tattoo and Body-Piercing Establishments. (a) Tattoo and body-piercing establishments are not permitted in any underlying M-1 zones of a specific plan or in any M-1 zones with a Commercial Transition Overlay zone (CTO);
(b) Tattoo and body-piercing establishments must not be located within 500 feet of any other tattoo and/or body piercing establishments as measured from any point from the outer boundaries of the building lease space containing the business; (c) Tattoo and body-piercing establishments must not be located within 500 feet of any child care center as measured from any point from the outer boundaries of the building lease space containing the business; and, (d) Any business engaging in tattooing, body piercing or body art on those anatomical areas specified in Section 18.53.04(j), is deemed an adult oriented-business and is subject to and must comply with all requirements relative to Chapter 18.53 “Adult Entertainment Establishments.”
5 Provided the storage is screened from public view by a solid masonry or stucco stud wall of one color to be not less than 7 feet in height. Such storage shall not be stacked above the height of the wall and shall not be located within the required parking area.
4 The uses here are permitted in the Industrial District when developed and used in conjunction with one or more of the principal permitted uses.

OTHER USES: EMERGENCY HOUSING FOR THE HOMELESS
1 Auto-related services and sales are only listed as permitted uses in the M-1 zone where it is located along Industrial Avenue. These auto-related services and sales are not permitted uses in any other M-1 zone location except that the use “automotive/vehicle repair and services” can be permitted in any other M-1 zone location upon approval of a conditional use permit.
2 If a permit is granted for the said poultry operation use, the Planning Commission and City Council may impose any or all of the following conditions thereon or any variation thereof which is less or more burdensome:
(a) No more than 500 turkeys per acre, in addition to brooding stock, shall be kept, fed, or maintained on property less than five acres in area.
(b) No commercial poultry operation shall be established on property less than nine acres in area or having a width less than 300 feet.
(c) All building and structures associated with the commercial poultry operation shall be constructed or located not less than 25 feet from the rear and side lot lines of subject property and no less than 50 feet from the right-of-way line of a public street.

Footnotes:

Area
(sf)
Width
(ft)
Depth
(ft) Front (ft) Street Side (ft)
Interior
(ft)
M-1 10,000 1 75 100 - 30 2 0 3 N/A 35 4 N/A -
Side yard abuts one of the
following dedicated
roadways:

Pacific Ave: 50
Second Street, between
Mountain and Pacific
Avenues: 20 (fully
landscaped)
First Street: 20 (fully
landscaped)
Side yard abuts
any other
dedicated street:
10 ("suitably
landscaped")
Abutting
property on the
side yard is in
another district:
15 ("suitably
landscaped") 7
Abutting
property is in a
different district
or adjacent to a
dedication
street: 15
("suitably
landscaped")
Property abutting
Pacific Ave: 50
(with 5 ft of
landscaping
adjacent to the
ROW)
Yard Area
35 8
Within 75 ft
of Pacific
Ave ROW:
20 ft or 1
story
Gateway
SP
43,560
(1 acre) 125 250
None, unless the following conditions are met:

Rear (ft)
0 3
None, unless under the following
conditions:
-
-
Max.

Building
Height (ft)
Max.

Floor
Area
Ratio
(FAR)
8 A building utilizing a parapet wall in order to hide rooftop equipment shall not exceed 40 ft. 9 Where two or more legally established building sites at the time of adoption of these regulations are combined into one site, the min. yard area for the new site shall be the aggregate of yard areas that would have been required for each of the original sites under these regulations. 10 Section 4.10.1.4.d "Any integrated industrial center(s) shall be exempt from lot size and frontage requirements; subject to discretionary action of the Planning Commission". (Unclear what an integrated industrial center is and what frontage standards apply).
3 Where the property abuts a school site or any “A” or “R” Zone a 50-foot building setback is required. Such yards may be used for off-street parking. 4 A CUP application may allow for a height increase up to 50 feet. 5 Subject to Subsection E (Landscape Requirements). Parking is not allowed in this setback area. 6 All front yard setbacks abutting Second Street between Mountain Ave and Pacific Ave, shall not be less than 25 ft. No parking is allowed and setbacks must be in accordance to Subsection E (Landscape Requirements). 7 Landscaped setback shall include a min. 7 foot high masonry wall with the location determined by the Planning Department. No parking is allowed in this setback.

Attachment C. Table Comparing the Development Standards in the M-1 and Gateway Specific Plan Industrial Zones Footnotes:
1 The specified lot area size is not intended to prohibit two or more separate uses on a lot where the lot is in undivided ownership. 2 Parking to be permitted in the required front yard excepting for the front five feet, which shall be landscaped in accordance with Section 18.02.04(40), Landscaping.

Zoning
Districts
Min. Lot Size 10 Min. Setbacks (ft)
Max. Lot
Coverage
(%) Side (ft)
- - -
15 from
street
ROW 5 6
- 9

City Council

STAFF REPORT
Date: February 15, 2023 Agenda Item:

2.A.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

RECOMMENDATION:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

REVIEWED AND APPROVED BY:

City Council

STAFF REPORT
Date: February 15, 2023 Agenda Item:

2.B.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Approval of City Council Special Meeting Minutes and Regular Meeting Minutes RECOMMENDATION:

Approve the City Council Special Meeting Minutes of January 14, 2023 and Regular Meeting Minutes of February 1, 2023.

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):

Jan 14 2023 - Draft Minutes
Feb 01 2023 - Draft Minutes

DRAFT - MINUTES
City Council
Special Meeting
Saturday, January 14, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 9:00 AM
ROLL CALL Robin Grundmeyer, Mayor
Ted Hoffman, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Greg Newton, Council Member
PLEDGE OF ALLEGIANCE Mayor Robin Grundmeyer

1. PUBLIC COMMENTS
There were no public comments at this time.

2. INTERVIEWS

2.A. Interviews and appointment to one Planning Commission unscheduled vacancy.

Planning Commission interviews were held and the following applicants interviewed with the Mayor and City Council for 1 unscheduled vacancy:

Michelle Heasley
Michael Thompson
Tisa Aley
Sean Gil
Mark Askey
Matthew Jefferson
Linda Chavez - Gaffney
Dan Letbetter
Tara Young
Susan Olmstead-Bowen
Diane Collins

The following two applicants did not interview:

Robin Van Geest
Linda Huertas

City Council Minutes - January 14, 2023

Following interviews, the Mayor and City Council deliberated on the applicants and the following motions were made and failed:

Council Member Newton made a motion and Council Member Aleman seconded to appoint Michelle Heasley to fill one unscheduled vacancy on the Planning Commission. Motion did not pass - 4 noes and 1 aye.

Council Member Aleman made a motion and Council Member Hoffman seconded to appoint Sean Gil to fill one unscheduled vacancy on the Planning Commission. Motion did not pass - 3 noes and 2 ayes.

Following further discussion, the following motion was made and passed.

M/S ALEMAN/HOFFMAN to appoint Tara Young to fill one Planning Commission unscheduled vacancy. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

3. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 3:05 p.m.

_________________________________
Dana Roa, CMC
City Clerk

DRAFT - MINUTES
City Council
Wednesday, February 1, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:30 PM
ROLL CALL Robin Grundmeyer, Mayor
Ted Hoffman, Mayor Pro Tem
Katherine Aleman, Council Member
Kevin Bash, Council Member
Greg Newton, Council Member

CLOSED SESSION
§54957.6 – Conference with Labor Negotiator
Negotiating Party: City Manager Sassoon
Norco General Employees Association, Utility Workers Union of America, AFL-CIO Local 606, Unrepresented Employees: Mid-Management, Confidential, and Management Employees
RECONVENED PUBLIC SESSION 7:05 PM

REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated there was no reportable action take in closed session.

PLEDGE OF ALLEGIANCE Council Member
Greg Newton
INVOCATION Pastor Erin Diaz
New Beginnings Community Church

PRESENTATION
Community Spirit Award
Council Member Bash presented the Community Spirit Award to Gary and Susan Bowen for their outstanding commitment and service to the City of Norco.

Presentation
Mayor Grundmeyer and the City Council recognized the Norco Junior All American Football 2023 Superbowl Champions and presented the JAAF President with plaques of recognition.

1. CITY COUNCIL REPORTS ON REGIONAL BOARDS

City Council Minutes - February 1, 2023

The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.

2. CONSENT CALENDAR
a) Approval of Consent Calendar as presented.

Council Member Newton pulled Item 2.F. for discussion. Community Member Bill Naylor requested to speak on Item 2.G.

M/S NEWTON/BASH Approve Remainder of Consent Calendar as presented. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.

Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.

2.B. Approval of City Council Regular Meeting Minutes
Action: Approved the City Council Regular Meeting Minutes of January 18, 2023.

2.C. Approve Professional Services Agreement and Procurement of Licenses for Office 365 Migration and Implementation Services
Actions:

1. Approved a Professional Services Agreement with All Covered in the amount of $45,790 for Office 365 Migration and Implementation Services; and

2. Approved the purchase of Microsoft Software and Office 365 User Licensing with CDW-G in an amount not to exceed $170,646 over a three-year term; authorized the City Manager to execute appropriate contracts and documentation; and authorized the City Manager to approve contract change orders up to $10,000

City Council Minutes - February 1, 2023
per each Fiscal Year to accommodate for additional licenses for potential growth in staff, for a total of $200,646.

2.D. Acceptance of Bids and Award of Contract for the Bluff Street Waterline Replacement Project
Action: Accepted bids and awarded a contract to Borden Excavating Inc. for the Bluff Street Waterline Replacement Project in the amount of $1,347,347 and authorized the City Manager to approve contract change orders up to 10 percent of the total bid amount.

2.E. Acceptance of Bids and Award of Contract for the Citywide ADA Improvement Project
Action: Accepted bids and Awarded the contract to CT&T Concrete Paving, Inc. for the Citywide ADA Improvement Project in the amount of $205,000 and authorized the City Manager to approve contract change orders up to 10% of the original contract.

2.H. Authorize Participation in the Employment Risk Management Authority (ERMA) for Employment Practice Liability Insurance Coverage
Action: Adopted Resolution No. 2023-06, to authorize the City's Participation in the Employment Risk Management Authority (ERMA)

3. ITEM(S) PULLED FROM CONSENT CALENDAR

2.F. Report on Fiscal Year 2021-2022 Audited Financial Reports

Council Member Newton thanked Finance Director Free and her staff for all of the hard work. He also praised the Finance Department for their recent awards.

M/S NEWTON/BASH to receive and file the Fiscal Year (FY) 2021-2022 Audited Financial Reports the Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

2.G. Approve the Position Title and Salary Range for Part-Time Code Enforcement Supervisor

City Council Minutes - February 1, 2023
Community Member Bill Naylor stated he supports this item but would suggest that the Code Enforcement Supervisor Position be full time and Code Enforcement Officer be part time.

M/S BASH/NEWTON Adopt Resolution No. 2023-05 to approve the position title and salary range for Part-Time Code Enforcement Supervisor; and appropriate $20,000 to the Fiscal Year 2022-2023 Operating Budget. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

4. PUBLIC COMMENTS

There were no public comments at this time.

5. LEGISLATIVE MATTERS

5.A. Ordinance No. 1092, Second Reading: Repealing Ordinance No's 902, 928 and 984, and amending Norco Municipal Code Chapter 2.26 "Historic Preservation Commission"
M/S BASH/ALEMAN Adopted Ordinance No. 1092, Second Reading: Repealing Ordinance No's 902, 928 and 984, and amending Norco Municipal Code Chapter

2.26 "Historic Preservation Commission" to change the name of the commission, add two additional member seats and update requirements for membership.

Code Amendment 2023-01 The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6. DISCUSSION / ACTION ITEM(S)

6.A. Celebrating the 100th Anniversary of the Creation of the Norco Township

Communications Manager Newton presented report on the recommended opportunities to celebrate the 100th Anniversary of the creation of the Norco

City Council Minutes - February 1, 2023
Township and requested to allocate $25,000 to the Fiscal Year 2022-2023 Operating Budget to support the recommended celebratory opportunities.

Mayor Grundmeyer opened public comments.

Geoff Kahan spoke in support of the celebration and volunteered his time and service to help the event.

Mayor Grundmeyer closed public comments.

Following discussion motion was made to allocate money to support the recommended celebratory opportunities, with the addition of a community at large contest to design a logo that will be selected by staff and dedicate the 2024 Military Banner Program to the Lest We Forget Wall Honorees to coincide with the 10th Anniversary of the George A. Ingalls Veterans Memorial Plaza.

M/S BASH/NEWTON 1.) Allocate $25,000 to the Fiscal Year 2022-2023 Operating Budget to support the recommended celebratory opportunities, with the addition of a community contest to design a logo that will be selected by staff; and 2.) Dedicate the 2024 Military Banner Program to the Lest We Forget Wall Honorees to coincide with the 10th Anniversary of the George A. Ingalls Veterans Memorial Plaza. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6.B. Discuss Pilot Program for Youth Commissioners.

City Clerk Roa presented the report on the Youth Commissioner Pilot Program and asked for feedback and suggestions from the Council.

Council Member Hoffman asked about the age requirement.

City Clerk Roa stated age provided was just an average of the other cities requirements that currently have this program in place.

Mayor Grundmeyer opened public comment.

There was no Public Comment at this time.

Mayor Grundmeyer closed public comment.

City Council Minutes - February 1, 2023
Following further discussion, motion was made to approve the Two-Year Youth Commissioner Pilot Program with the following amendments, add the Streets, Trails, and Utilities Commission and the Historic Preservation and Agricultural Heritage Commission, Youth Commissioners will cast an advisory vote, applicants must be a resident or student in Norco, applicant must be between the ages 13-20 years old, take out “watch a meeting” as a requirement, change to one year renewable term, and add the appointment process will be to fill out an application, attend the City Council meeting to speak on their behalf, and the City Council will deliberate and appoint from those attending meeting.

M/S GRUNDMEYER/BASH Approve two-year pilot program for the inclusion of Youth Members on City Committees/Commissions with amendments as provided by City Council; add the Streets, Trails, and Utilities Commission and the Historic Preservation and Agricultural Heritage Commission, Youth Commissioners will cast an advisory vote, applicants must be a resident or student in Norco, applicant must be between the ages 13-20 years old, take out watch a meeting as a requirement, change to one year renewable term, and add the appointment process to be to fill out application, attend the City Council meeting to speak on their behalf and the City Council will deliberate and appoint from those attending meeting. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

7. PUBLIC HEARING(S)

7.A. Continued Public Hearing: 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.

Community Development Director Robles continued the presentation on the Public Hearing, regarding Accessory Dwelling Units and Junior Accessory Dwelling Units. She stated she strengthened the wording as suggested by City Council and reminded Council that HCD will have the final say.

Mayor Grundmeyer opened the Public Hearing.

There was no public comment at this time.

Mayor Grundmeyer closed the Public Hearing.

Following further discussion motion was made to approve with amendments to Agenda packet page 499, item 19 to add "agricultural lifestyle".

City Council Minutes - February 1, 2023
M/S HOFFMAN/ALEMAN Adopt Ordinance No. 1093, First 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 with amendment to add "agricultural lifestyle" to item 19 on Agenda packet page 499. The Motion was carried by the following roll call vote:

AYES: GRUNDMEYER, HOFFMAN, ALEMAN, BASH, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

8. CITY COUNCIL / STAFF COMMUNICATIONS
Mayor Pro Tem Hoffman requested a letter be drafted and sent to Riverside Transit Agency regarding RTA's Sustainable Service Plan and a letter to be drafted and sent to RTA for additional bus routes in Norco. Following discussion and without formal motion, it was approved for letters to be drafted and sent.

Council Member Newton requested a letter to be drafted and sent to Assemblymembers Lori D. Wilson and Bill Essayli and Senator Kelly Seyarto regarding City of Norco's opposition to Assembly Bill 233. Following discussion and without formal motion, it was approved for letter to be drafted and sent.

Council Member Aleman thanked staff for all the hard work to make our City better and the work on the Youth Commissioner program.

Council Member Bash discussed upcoming Assembly Bills that could affect our community. He also reminded the Community of the event on February 10th dedicating the Norco Post Office in honor of Lance Cpl. Kareem Nikoui. He also stated that there are two new names being added to the Lest We Not Forget Wall, Veterans Ron Dickson and Agapito Ferrer Beza

9. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 8:46 p.m.
_________________________________
Dana Roa, CMC
City Clerk

City Council

STAFF REPORT
Date: February 15, 2023 Agenda Item:

2.C.

To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:

Recap of Actions Taken by the Planning Commission at its Meeting Held on February 8, 2023
RECOMMENDATION:

Receive and file the recap of actions taken by the Planning Commission at its meeting held on February 8, 2023
REVIEWED AND APPROVED BY:

ATTACHMENT(S):

DRAFT Minutes

DRAFT - MINUTES
Planning Commission
Wednesday, February 8, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 7:00 PM
ROLL CALL Patricia Hedges, Member
Danny Azevedo, Vice Chair
Jeff Shyu, Member
Fia Sullivan, Member
Tara Young, Member
PLEDGE OF ALLEGIANCE Member Shyu

OATH OF OFFICE

ELECTION OF CHAIR AND VICE CHAIR

1. PRESENTATIONS City Clerk Update

2. CONSENT CALENDAR

2.A. Approval of Planning Commission Meeting Minutes
M/S SHYU/SULLIVAN to approve the Planning Commission Meeting Minutes of December 14, 2022. The Motion was carried by the following roll call vote:

AYES: HEDGES, AZEVEDO, SHYU, SULLIVAN, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

4. PUBLIC COMMENTS
NONE

5. DISCUSSION / ACTION ITEM(S)

5.A. Site Plan 2022-18 (Swaid): A request for approval of an Accessory Building Use Permit to allow a detached 774 square-foot lanai/patio with a storage area at 620

Planning Commission Minutes - February 8, 2023
Silver Spur Way (APN 123-400-004) located within the Specific Plan Area (Norco Hills Specific Plan) Zone.

Planner Diaz presented the staff report on file and provided a Power Point presentation for all to view.

Member Sullivan asked about the animal keeping area noted on the site plan and the covering of the area with concrete, staff explained.

Applicant present, Vice Chair Shyu asked about the use of the building.

Member Sullivan questioned the location of the animal keeping area and that it is currently covered, members reviewed and discussed options for the use of the concrete pad.

M/S AZEVEDO/SHYU to approve Site Plan 2022-18, to adopt Resolution 2023-02.

The Motion was carried by the following roll call vote:

AYES: HEDGES, AZEVEDO, SHYU, SULLIVAN, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6. PUBLIC HEARING(S)

6.A. Variance 2022-04 (Aguilar): A request for a Variance from the 15-foot rear yard setback requirements of the Norco Municipal Code, Section 18.15.12(3) to allow an attached 847 square-foot covered patio located at 860 Garden Grove Avenue (APN 123-093-015) within the R-1 (Residential, Single Family) Zone.

Planner Diaz presented the staff report on file and provided a Power Point presentation for all to view.

Vice Chair Shyu questioned about the plan check process, staff explained the process and steps.

Applicant present, requested to keep the patio.

Vice Chair Shyu noted issues by allowing the Variance to be approved after construction has already been completed and that it will be setting a type of precedence. Attorney Burns explained the legal issues with giving approval vs. a denial.

Member Azevedo noted the property lines and surrounding sites to take in to consideration.

Planning Commission Minutes - February 8, 2023

Chair Hedges noted Vice Chair Shyu's concerns, and agreed with Member Azevedo on the surrounding sites.

Director Robles read into record an approval letter from a surrounding site that the applicant provided at the meeting.

Commission Members discussed the many issues with the construction without permit.

Vice Chair Shyu requested an added condition, that if the Building Department required any modifications to the existing structure, that the Variance would be null and void and would need to be modified to meet current code requirements.

M/S SHYU/AZEVEDO to approve Variance 2022-04, to adopt Resolution 2023-01 with an added condition that if the Building Department required any modifications to the existing structure, that the Variance would be null and void and would need to modified to meet current code requirements. The Motion was carried by the following roll call vote:

AYES: HEDGES, AZEVEDO, SHYU, SULLIVAN, AND YOUNG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE

6.B. Variance 2023-01 (Bacarella/Jones): A request for a Variance from the minimum net lot size requirement of 20,000 square feet of Norco Municipal Code Section

18.13.10 – “Lot and Pad Area” in the A-1 Zone, to allow a lot line adjustment on a vacant parcel on Southfork Drive with the APN 133-340-023 and located within the A-1 (Agricultural Low Destiny) Zone.

Director Robles presented that staff report on file, and provided a Power Point presentation for all to view.

Member Young questioned if the sites are owned by the same person or are they different, Director Robles noted that they are owned by separate owners.

Applicant present, Vice Chair Shyu questioned about the leach field noted on the site plan that is crossing over into Parcel B, the applicant explained the site will be connected to city sewer, so the leach field would be demolished.

Vice Chair Shyu noted that he disagrees with reducing the lot size. Member Sullivan and Member Young both agree with Vice Chair Shyu. Member Azevedo noted that a quarter acre lot can maintain animal keeping as well. Director Robles noted that staff will bring a Variance to the Commission due to the fact

Planning Commission Minutes - February 8, 2023
that there is a unique item tied to the lot to allow for a Variance. Chair Hedges agreed with Member Azevedo.

Member Young questioned if the property owner was aware of the lot line issues, the applicant noted they were not aware.

Mary Jo, explained the issues with the current lot (Parcel A) and if not approved the lot will be non-compliant.

Lisa Loe, Attorney for applicant (Parcel B) explained the process and agreement that the two property owners have come to.

Vice Chair Shyu noted the new information from the comments of the speakers was very insightful, however still had an issue with allow the Variance to be approved.

M/S HEDGES/YOUNG to approve Variance 2023-01, to adopt Resolution 2023-03.

The Motion was carried by the following roll call vote:

AYES: HEDGES, AZEVEDO, AND YOUNG
NOES: SHYU AND SULLIVAN
ABSENT: NONE
ABSTAIN: NONE

7. COMMISSION / STAFF COMMUNICATIONS
Director Robles noted the Special Meeting with City Council.

Director Robles noted the Accessory Building review will be coming before the Commission soon.

8. ADJOURNMENT
Chair Hedges adjourned the meeting at 8:09p.m.

City Council

STAFF REPORT
Date: February 15, 2023 Agenda Item:

2.D.

To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:

Acceptance and Award of Contract for the procurement of equipment for the Wayne Makin Sports Lighting LED Upgrade Project, Project No. 54111.4 RECOMMENDATION:

Accept Sourcewell Purchase Contract Number 071619-MSL, and Contract with Musco Sports Lighting, LLC in the amount of $1,525,000 for the procurement of materials for the Wayne Makin Sports Lighting LED Upgrade Project.

SUMMARY:

The Wayne Makin Sports LED Lighting Upgrade Project will replace all sports field lighting, security lighting, and parking lot lighting at the complex. The lighting upgrade is anticipated to provide up to 10% or more in energy savings, offer better play lighting for our sports leagues, and will address safety hazards associated with the current wooden poles.

BACKGROUND:

The award of contract with Musco Sports Lighting, LLC (Musco) is for the purchase of materials only. Musco sports lights and poles were specified on the sports lighting design plans (Attachment D). The plans for this project have been reviewed and approved by the Building Official with the specification of the Musco equipment. The electrical engineer has verified the Musco quote (Attachment A) for the Wayne Makin equipment quote in the amount of $1,525,000 for the following materials:

Equipment Description- Baseball Field’s #1, #2, #3, #4, #5, TBall #6, Soccer #1, Soccer #2, Soccer #3, Practice Soccer
• (31) Pre-cast concrete bases- See Electrical Site plan, and Musco Structural Design
• (10) 60’ Galvanized steel poles- A3, A4, A5, A6, A7, A8, A9, A10, B9, B10

• (17) 70’ Galvanized steel poles- A1, A2, B3, B7, B4, B5, B6, B7, C1, FP1, S1, S2,S3, S4, S5, S8, S9
• (4) 80’ Galvanized steel poles-B1, B2, S6, S7
• (2) Retrofit Pole Top Assembles- Existing Cell Towers- CTC2, and CTFB1 • (56) TLC LED 1500 Factory-aimed and assembled luminaries • (97) TLC LED 1200 Factory-aimed and assembled luminaries • (20) TLC LED 900 Factory-aimed and assembled luminaries • (6) TLC LED 400 Factory-aimed and assembled luminaires (2x 5700k, 4x 4000k) • (26) TLC LED BT 575 mounted at 15.5’ each pole
• Pole length wire harnesses
• TLC-LED Light Fixtures shall be painted black
• (19) OSQ Black Security Light Fixtures mounted on the Musco Light Poles at 20’- A1, A3, A4, A5 (2x), A6, A7, A10, B3, B4, B6, B7, B8, S5, S6, S7, S8, S9 Equipment Description- Parking Lot Lighting
• (10) 25’ Black Valmont Light Pole with (1) QSQ Fixture. Poles P1- P10. • (10) 25’ Black Valmont Light Pole with (2) OSQ Fixtures, Poles P11 – P20 • (4) TLC LED 400w fixtures – (2) each on light poles A2 at 70’, B2 at 80’ • (2) TLC LED 900w fixtures- on light pole S6 at 80’ for Soccer Parking Area • (2) TLC LED 400w fixtures- on light pole B1 at 50’ for T-Ball Parking Lot • (19) Pole Mounted OSQ Security Light Fixtures- A1, A3, A4, A5(2), A6, A7, A10, B3, B4, B6, B7, B8, S5, S6, S7, S8, S9
• (6) 3/4” Coupling Mounts for Camera at 15’. Poles P1, P5, P10, P11, P16, P20 Control and Monitoring Cabinets (CMC)
• (3) 24” x 72” Control-Link® System
• (1) 24” x 48” Control-Link® System
• (2) Musco CMC’s 24” x 72”
• (23) 30 amp contactor’s with 10 Lighting Zones.
• (1) CMC 24” x 72”
• (1) CMC 24” x 48”
• (14) 30amp Contactor’s with 5 Lighting Zones
Equipment lead times are 10-14 weeks after receipt of purchase order, submittal approval, and production release. The design engineer will be assisting staff in this process to review submittals. The purchase order submittal timeframe may take an additional 8 weeks to complete after the award of contract. Delivery of the equipment is estimated to be July 2023. The equipment will be stored at a secure City facility were the contractor may gain access during the installation phase of the project.

A separate contract will bid publicly and be awarded separately to this contract for the installation of the equipment. In an effort to provide a cost savings, staff has obtained quotes from the project's material list to purchase directly from the manufacture to reduce contractor markup fees. With the use of Sourcewell Contract #071619-MSL (Attachment B), the contract pricing is 5% off list price in addition to the contractor markup fees. It is estimated that purchasing the material from the manufacturer will save approximately 15% on equipment costs.

Staff has determined that the least impactful construction schedule for the Wayne Makin Sports Lighting LED Update Project would be completed during the following times, which have been tentatively scheduled as follows:
• Project Phase I (Shearer Fields Only) - October 16, 2023 to November 20, 2023 • Project Phase II (Wayne Makin Fields) - November 21, 2023 to January 19, 2024 • Project Phase III (Annual Turf Renovations) - January 2, 2024 to February 29, 2024
Staff has continuously updated the leagues on the progress of the project, along with the proposed construction schedule. As staff prepares the Notice of Inviting Bids for the installation of the lighting upgrades, the phased schedule will be a bid requirement that the contractor shall follow.

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 (Attachment C). Contract 071619-MSL between Sourcewell and Musco expires August 27, 2023.

FISCAL IMPACT:

The Wayne Makin LED Sports Lighting Upgrade Project was approved as a Capital Improvement Project (CIP) in the Measure R Fund for Fiscal Year 2022-2023. $2,500,000 in Measure R Funds were appropriated in account 132.930.43130 for the Wayne Makin LED Sports Lighting Upgrade Project, Project No. 54111.4. The remaining balance of $975,000 will be used to fund the installation portion of this project.

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
Attachment C
Attachment D

©2013 Musco Sports Lighting, LLC Page 1 of 2
M-1551-enUS-3
Quote
Wayne Makin Sports Complex
Date: December 9, 2022
Jim Corns- JCA Engineering
Wayne Makin Sports Park- Quote
Musco’s Lighting Equipment as described below and delivered to the job site:
 Material Only Wayne Makin Sports Park: $1,525,000.00
Sales tax, wholesaler/contractor mark-ups, labor/installation, and unloading of the equipment is not included as part of this estimate. Pricing furnished is effective for 60 days unless otherwise noted and is kindly considered confidential.

This quote is valid until March 2023
Sourcewell
Master Project: 199030, Contract Number: 071619-MSL, Expiration: 08/27/2023 Category: Sports lighting with related supplies and services All purchase orders should note the following:

Sourcewell purchase – contract number: 071619-MSL
Credit Terms: N30 with a signed Musco Purchase Agreement, and a copy of the project Performance Bond, Payment Bond
Manufacturing and Ship Timing- At this time project shipment lead times are 10-14 weeks after receipt of purchase order, submittal approval, and production release. This quote does not include pre-shipment of our concrete bases.

Equipment Description- Baseball Field’s #1, #2, #3, #4, #5, TBall #6, Soccer #1, Soccer #2, Soccer #3, Practice Soccer
• (31) Pre-cast concrete bases- See Electrical Site plan, and Musco Structural Design • (10) 60’ Galvanized steel poles- A3, A4, A5, A6, A7, A8, A9, A10, B9, B10 • (17) 70’ Galvanized steel poles- A1, A2, B3, B7, B4, B5, B6, B7, C1, FP1, S1, S2,S3, S4, S5, S8, S9 • (4) 80’ Galvanized steel poles-B1, B2, S6, S7
• (2) Retrofit Pole Top Assembles- Existing Cell Towers- CTC2, and CTFB1 • (56) TLC LED 1500 Factory-aimed and assembled luminaries • (97) TLC LED 1200 Factory-aimed and assembled luminaries • (20) TLC LED 900 Factory-aimed and assembled luminaries • (6) TLC LED 400 Factory-aimed and assembled luminaires (2x 5700k, 4x 4000k) • (26) TLC LED BT 575 mounted at 15.5’ each pole
• Pole length wire harnesses
• TLC-LED Light Fixtures shall be painted black.
• (19) OSQ Black Security Light Fixtures mounted on the Musco Light Poles at 20’- A1, A3, A4, A5 (2x), A6, A7, A10, B3, B4, B6, B7, B8, S5, S6, S7, S8, S9 Equipment Description- Parking Lot Lighting- Confirm Color- BLACK • (10) 25’ Black Valmont Light Pole with (1) QSQ Fixture. Poles P1- P10. • (10) 25’ Black Valmont Light Pole with (2) OSQ Fixtures, Poles P11 – P20 • (4) TLC LED 400w fixtures – (2) each on light poles A2 at 70’, B2 at 80’. • (2) TLC LED 900w fixtures- on light pole S6 at 80’ for Soccer Parking Area. • (2) TLC LED 400w fixtures- on light pole B1 at 50’ for T-Ball Parking Lot.

©2013 Musco Sports Lighting, LLC Page 2 of 2
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Pole Attachment Information- See E3.0, E5.0
• (19) Pole Mounted OSQ Security Light Fixtures- A1, A3, A4, A5(2), A6, A7, A10, B3, B4, B6, B7, B8, S5, S6, S7, S8, S9
• (6) 3/4” Coupling Mounts for Camera at 15’. Poles P1, P5, P10, P11, P16, P20 On Field Performance – Control to benefit players, fans (4) Control and Monitoring Cabinets (CMC). (3) 24” x 72”, and (1) 24” x 48”. Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support- Lighting Control Zones configured per the electrical design.
a. Panel MSA- (2) Musco CMC’s- 24” x 72”. (23) 30 amp contactor’s with 10 Lighting Zones.

Zone 1- Baseball 1, Zone 2- Baseball 2, Zone 3- Baseball 3, Zone 4- Baseball 4, Zone 5- Baseball 5, Zone 6- Football Practice 1, Zone 7- Football Practice 2, Zone 8- Baseball 6, Zone 9- Parking, Zone 10- Walkway Lights
b. Panel MSB – (1) CMC 24” x 72”, (1) CMC 24” x 48”. (14) 30amp Contactor’s with 5 Lighting Zones.

Zone 1- Soccer 1, Zone 2- Soccer 2, Zone 3- Soccer 3, Zone 4- Practice Soccer, Zone 5-Cell Tower Soccer(metal halide)
120v Control Voltage for each CMC
Environmental Light Control – Control for neighbors and the environment Reduction of spill light and glare by 50% or more.

Always Ready to Play – Control assuring the results you expect Product assurance and warranty program that includes materials and onsite labor, eliminating100% of your maintenance costs for 25 years.

Construction Note #1- Review the Structural Design Sheets C1, C2.

Project Notes
Estimate is based on:
• Shipment of entire project together to one location
• Review Soil Report- Light pole foundation recommendations provided in the report prepared by John R. Byery dated June 1, 2022. Report number 7384.
• CBC 2019, mph 95.
• Electrical information- 480v 3p.
• Delivery to the job site will be 10-14 weeks after submittal approval, confirmation of order details, and coordination with any test and inspection agency assigned to the project. • See Musco Lighting Design for (x,y) pole coordinates. For Baseball / Softball Reference (0’, 0’) from home plate. For Soccer Reference (0’, 0’) from the center of the soccer field. See Musco Design, and the Musco Aiming Diagram for additional information.

Thank you for the opportunity to discuss Musco’s innovative lighting solutions; we are determined to provide you with the best value option for your facility. Please contact us if you have any questions.

Mike Higgins Musco Sports Lighting, LLC
3002 Dow Ave, Suite #504 Tustin, CA 92780
Mobile: Mobile: 714-614-0863

Contract #071619-MSL
1 Rev. 4/2019
Solicitation Number: #071619

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and, Musco Sports Lighting LLC, 100 1st Ave West PO Box 808, Oskaloosa IA 52577 (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 August 27, 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 Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
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.

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10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE 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: 6EC94A76-43EC-4B62-A49F-B355E8667C0B

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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:

DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B

Contract #071619-MSL
10 Rev. 4/2019

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

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.

During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B

Contract #071619-MSL
11 Rev. 4/2019
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

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. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor.

Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. 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 DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B

Contract #071619-MSL
12 Rev. 4/2019
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.

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 DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B

Contract #071619-MSL
13 Rev. 4/2019
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 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 DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B

Contract #071619-MSL
14 Rev. 4/2019
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 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 DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B

Contract #071619-MSL
15 Rev. 4/2019
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.

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
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B

Contract #071619-MSL
16 Rev. 4/2019
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 Musco Sports Lighting LLC
By: __________________________ By: __________________________ Jeremy Schwartz James M. Hansen
Title: Director of Operations &
Procurement/CPO
Title: Secretary
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
DocuSign Envelope ID: 6EC94A76-43EC-4B62-A49F-B355E8667C0B 













  








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WƌŽƉŽƐĂů
ǀĂůƵĂƚŝŽŶ
DocuSign Envelope ID: A6C90202-E75D-4E15-9345-E342F04D8287

CITY OF NORCO

ELECTRICAL GENERAL NOTES

APPLICABLE CODES PROJECT GENERAL NOTES

NEW SPORTS FIELD AND PARKING LOT LIGHTING

SCOPE OF WORK

WAYNE MAKIN SHEARER

SHEET INDEX
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES
ET-1.0

TITLE SHEET AND NOTES
1 1 Page 95 of 282
N. WESTERN AVE.

CORYDON AVE.

CORYDON AVE.

N. WESTERN AVE.
5TH ST.

E-1.0
OVERALL ELECTRICAL SITE DEMOLITION PLAN 1
2 1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES

DEMOLITION NOTES

OVERALL ELECTRICAL

SITE DEMOLITION
PLAN

N. WESTERN AVE.

CORYDON AVE.

CORYDON AVE.

N. WESTERN AVE.
5TH ST.

E-1.1
OVERALL SITE ELECTRICAL PLAN 1
3 1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES

OVERALL SITE ELECTRICAL
PLAN

PARTIAL BASEBALL FIELD SPORTS LIGHTING PLAN-SOUTH 1
E-1.2
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES
4 PARTIAL BASEBALL FIELD

SPORTS LIGHTING PLAN-SOUTH
1 Page 98 of 282
5TH ST.

PARTIAL BASEBALL FIELD SPORTS LIGHTING PLAN-NORTH 1
E-1.3
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES
5 PARTIAL BASEBALL FIELD

SPORTS LIGHTING PLAN-NORTH
1 Page 99 of 282
CORYDON AVE.

PARTIAL SOCCER FIELD SPORTS LIGHTING PLAN-SOUTH 1
E-1.4
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES
6 PARTIAL SOCCER FIELD

SPORTS LIGHTING PLAN-SOUTH

CORYDON AVE.
5TH ST.

PARTIAL SOCCER FIELD SPORTS LIGHTING PLAN-NORTH 1
E-1.5
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES
7 PARTIAL SOCCER FIELD

SPORTS LIGHTING PLAN-NORTH

PARKING LOT LIGHTING PLAN 1
E-1.6
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES
8 PARKING LOT

LIGHTING PLAN
P6
P11
P15 P14
P16
P12
P18
P2
P19 P17
P3 P5
P10
P1
P13
P4 P9
P20

P7 P8
BASEBALL FIELDS SINGLE LINE DIAGRAM-MSA 1
E-2.0
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES
S
9 SOCCER FIELDS

SINGLE LINE DIAGRAM

SINGLE LINE DIAGRAM - MSB 1
E-2.1
DIST. PANEL "SDP" DETAIL 2
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES
10 SOCCER FIELDS

SINGLE LINE DIAGRAM
1 Page 104 of 282
E-3.0
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES

LIGHTING FIXTURE SCHEDULE
20 1B

ELECTRICAL SYMBOLS LIST
130
1S
11 PULLBOX DETAIL 1
TRENCH DETAIL 2
130
1P
130
1PH
260
2P
260
2PH

ELECTRICAL SYMBOL LIST,

LIGHTING, FIXTURE SCHEDULE

AND DETAILS
PULLBOX INSERT DETAIL 3
M
2 Page 105 of 282
E-4.0
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES

ELECTRICAL SPECIFICATIONS
“ ”
“ ”
“ ”
12 ELECTRICAL SPECIFICATIONS

E-5.0
1-800

TWO WORKING DAYS BEFORE YOU DIG
227-2600
E
CAL
B
IG
D
OU
FORE Y
Underground Service Alert
Call: TOLL FREE

CITY OF NORCO
APPROVED:

REVISIONS

NO DATE BY DESCRIPTION PLANNING

RIGHT-OF-WAY

UTILITIES

CABLE TV

FIRE BUILDING
DEPT. REVIEW

AMANDA HAMILTON

DEPARTMENT OF PARKS, RECREATION, AND COMMUNITY SERVICES DATE:

DATE:

CHECKED
DATE:

DRAWN

DESIGNED
DWG. NO.

ACCOUNT

CONTRACT

SHEET OF

DIRECTOR OF FACILITIES AND MAINTENANCE
DATE
01/11/22
PREPARED FOR:

WAYNE MAKIN SHEARER
13 PARK

NEW SPORTS FIELD AND

PARKING LOT LIGHTING
J.J.C

CITY OF NORCO
2870 CLARKE AVE

NORCO, CA
92860
J Electrical Engineering & Consulting CA
92346
[email protected]
909 864-0223
Fax 909 864-0280
Engineering Inc.
8048 Palm Ave
Highland. Ca. Job #James Corns P.M. 2760
01/11/22
P.M.M.
07/12/22
J.J.R
1 07/26/22 JJC BUILDING DEPARTMENT CHANGES
2 10/12/22 JJC BUILDING DEPARTMENT CHANGES
SPORTS FIELD LIGHTING POLE DETAIL 1
SPORTS FIELD SCHEDULES AND SUMMARIES 3
13 SPORTS POLE GROUNDING 2
1 Page 107 of 282
City Council

STAFF REPORT
Date: February 15, 2023 Agenda Item:

2.E.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

Purchase of 2023 John Deere 35G Compact (Mini) Excavator from RDO Equipment Company
RECOMMENDATION:

Accept the quote from RDO Equipment Company, Riverside, CA, for one (1) 2023 John Deere 35G Compact (Mini) Excavator and authorize the City Manager to approve a purchase order in the amount of $63,935.

SUMMARY:

Currently, the Public Works Department owns a 2005 Bobcat Skid Steer Loader which is now due for replacement. The department has evaluated the overall needs, and is now requesting to purchase a compact (mini) excavator in its place. This equipment is used for the maintenance of the City's streets, trails, water, and sewer system.

BACKGROUND:

The Public Works Department owns and operates 2005 Bobcat Skid Steer Loader (Unit 356) to perform miscellaneous maintenance in the field with a broom attachment for cleanup and at the corporate yard to load spoils and debris. This unit is due for replacement and Public Works has been allocating replacement funds annually to cover the cost for the replacement. However, staff has evaluated the overall operational needs of the department and has requested to purchase a compact (mini) excavator instead of a new skid steer loader. The skid steer is no longer needed since Public Works previously purchased a ride-on sweeper in 2020. The new compact excavator is equipment that will aid Public Works staff when dealing with excavations in tight spaces such as sidewalks and trails. Staff has obtained the attached quote in the amount of $63,935 from RDO Equipment Company to provide a 2023 John Deere 35G Compact (Mini) Excavator through a cooperative contract agreement with Sourcewell, Contract No. 164891, which is used by County, State and local municipalities.

Sourcewell provides and procures cooperative agreements with vendors and manufacturers throughout the United States to provide best pricing for governmental agencies for equipment and materials under the Federal Government Procurement Standards, Office of Management and Budget Uniform Guidance (2.CFR.Part-200). The Norco Municipal Code (Sec.3.24.140) gives authority to purchase from cooperative agreements to benefit from best pricing for governmental agencies through volume procurement.

The new 2023 John Deere 35G Compact (Mini) Excavator will replace the City's existing 2005 Bobcat Skid Steer Loader (Unit 356) which was previously scheduled to be replaced during fiscal year 2019-2020. The cost for purchasing the new compact excavator includes rubber tracks, canopy, angle blade, and safety warning lights that follow the State of California, Title 13 requirements. The purchase price does include a 5-year warranty (or 3,000 hours) and training for staff on how to operate the equipment.

FISCAL IMPACT:

An amount not to exceed $64,000 including tax, shipping and State of California licensing fee is available and allocated for this purchase from the Vehicle Replacement Fund 128.

There is $132,902 in accumulated reserves for the Bobcat Skid Steer Loader.

RELATIONSHIP TO STRATEGIC PLAN:

The purchase of the new 2023 John Deere 35G Compact (Mini) Excavator is consistent with Strategic Direction #5 - Infrastructure & 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):

Purchase Order

Lori Sassoon, City Manager
02/15/2023

Compact Excavator

2 When you need more from your compact excavator, the John Deere 35G might be your “one and done.” This small-but-mighty muscle specializes in making work in close quarters seem like no big deal. Loaded with customer-inspired ideas like significant lift and reach, precise control, and an amazingly comfortable cab, digging, excavating, and loading tasks become big possibilities. Plus it runs quiet, too. Jobsite-proven standard and optional advantages including your choice of tracks and John Deere attachments push the 35G to make a sizable impact on the potential — and profitability — of your operation.

FEATURES
Quiet comfort and control
Spacious operator station has a wide
entryway and backhoe- to excavator-style
controls. Swing boom and foldable travel
pedals are positioned for efficient operation
and comfortable foot room. Noise-reducing
muffler and isochronous high-idle speed
help keep things noticeably quiet. Rubber
cab mounts isolate the operator from noise
and vibration.

Start from zero
Zero-tail-swing design maximizes
maneuverability and performance in tight
places such as urban and residential areas.

Compact stature enables easy transport
between jobsites, perfect for “dig-and-go”
projects.

Resource management
Auto-idle automatically reduces engine
speed when hydraulics aren’t in use. Auto
shutdown conserves precious fuel. Power/
economy modes optimize power for digging
applications, further improving fuel efficiency.

Get back to it
Standard backfill blade enables the 35G to
grade and fill, boosting machine versatility
and stability when using attachments or
working on uneven terrain.

Swing for the fences
Put the 35G’s independent-swing boom and
360-degree rotation to work taming difficult
tasks. Impressive lift height and reach ease
truck loading.

RUBBER CAB MOUNTS

HELP ISOLATE OPERATOR

FROM NOISE & VIBRATION
35G COMPAC T EXC AVATOR

Handy hydraulics
Standard quick-couplerequipped, boom-mounted
auxiliary hydraulic lines simplify
attachment hookup. Return-flow
selector valve accommodates
hydraulic-driven attachments
that operate either one or two
ways. Wedge-style coupler
enables swift changes of a
wide range of buckets and
attachments, such as hydraulic
hammers, plate compactors,
and augers.

Safe travels
No operator activation is
required for high-speed travel.

Track speeds automatically slow
to low whenever a heavier load
is encountered, then return to
high when the load normalizes.

Designed for durability
Heavy-duty side shields deflect
material and impacts, protecting
boom/blade cylinders and drive
motors. Single-pin swingpost increases boom rigidity.

Reinforced D-channel side
frames and heavy-duty X-frame
help extend wear life.

Maintenance made easy
Hinged door provides wide-open
access to the side-by-side oil
cooler and radiator. Operator
station tilts forward 50 degrees
to reach the swing motor,
hydraulic control valve, engine
starter motor, and alternator.

Extended service intervals allow
the machine to work longer
before maintenance is needed.

Make the most of your
investment
Already own some John Deere
attachments? Many models
including buckets, hydraulic
hammers, and augers also work
on other compact machines so
you can redefine fleet utilization
— and your bottom line.
4 Page 119 of 282
35G COMPAC T EXC AVATOR
The choice is yours
Rubber tracks traverse virtually any terrain, including paved surfaces. Optional rubber grousers combine work-anywhere flexibility with steel-track serviceability. Steel tracks and steel tracks with rubber pads are also available.

Remote diagnostics and support
To maximize uptime and lower costs, JDLink™ connectivity provides machine location, utilization data, and alerts to help you maximize productivity and efficiency. JDLink also enables John Deere Connected Support™. Dealers use
Expert Alerts based on data from thousands of connected machines to proactively address conditions that may
otherwise likely lead to downtime. Your dealer can also monitor machine health and leverage remote diagnostics
and programming capability to further diagnose problems and even update machine software without a timeconsuming trip to the jobsite.* *Availability varies by region. Options not available in every country.

MATCH YOUR TRACK

TO THE APPLICATION

35G COMPACT EXCAVATOR SPECIFICATIONS
6 Engine 35G
Manufacturer and Model Yanmar 3TNV88F Displacement 1.642 L (100.2 cu. in.) Non-Road Emission Standard EPA Final Tier 4/EU Stage IV Net Power (ISO 9249) 17.4 kW (23.3 hp) at 2,400 rpm Powertrain
Each track independently driven by hydrostatic axial-piston motor connected to 2-stage planetary gear-reduction box Maximum Travel Speed Low: 2.8 km/h (1.7 mph) / High: 4.3 km/h (2.7 mph) Hydraulics
Open center with 2 variable-displacement pumps and 1 fixed-gear pump Pump Flow Controls 2 hydraulic pilot-operated controls for Piston 2 x 38.4 L/m (2 x 10.1 gpm) boom, arm, bucket, swing, boom swing, Gear 22.8 L/m (6.0 gpm) travel, and auxiliary functions Auxiliary Flow 61.2 L/m (16.2 gpm)
Electrical
Alternator Rating 55 amp
Work Lights 2 halogen: 1 mounted on operator’s station and 1 mounted on boom L
M
N
O
P
Q
R
G
H
I
J
K
E
A
B
F
D
C
Operating Dimensions
1315-mm (4 ft. 4 in.)
Standard Arm and Canopy
1315-mm (4 ft. 4 in.)
Standard Arm and Cab
1715-mm (5 ft. 8 in.)
Long Arm and Canopy
1715-mm (5 ft. 8 in.)
Long Arm and Cab
A Maximum Cutting Height 4.87 m (16 ft. 0 in.) 4.70 m (15 ft. 5 in.) 4.95 m (16 ft. 3 in.) 4.74 m (15 ft. 7 in.) B Maximum Dumping Height 3.46 m (11 ft. 4 in.) 3.31 m (10 ft. 10 in.) 3.57 m (11 ft. 9 in.) 3.39 m (11 ft. 1 in.) C Maximum Digging Depth 3.06 m (10 ft. 0 in.) 3.06 m (10 ft. 0 in.) 3.46 m (11 ft. 4 in.) 3.46 m (11 ft. 4 in.) D Maximum Digging Reach 5.21 m (17 ft. 1 in.) 5.21 m (17 ft. 1 in.) 5.52 m (18 ft. 1 in.) 5.52 m (18 ft. 1 in.) E Minimum Front Swing Radius 2.08 m (6 ft. 10 in.) 2.24 m (7 ft. 4 in.) 2.19 m (7 ft. 2 in.) 2.30 m (7 ft. 7 in.) F Transport Length 4.64 m (15 ft. 3 in.) 4.64 m (15 ft. 3 in.) 4.75 m (15 ft. 7 in.) 4.75 m (15 ft. 7 in.) Digging Force (ISO)
Arm 19.0 kN (4,277 lb.) 19.0 kN (4,277 lb.) 16.9 kN (3,792 lb.) 16.9 kN (3,792 lb.) Bucket 27.1 kN (6,085 lb.) 27.1 kN (6,085 lb.) 27.1 kN (6,085 lb.) 27.1 kN (6,085 lb.) Undercarriage
Track, Rubber 300 mm (12 in.)
Ground Pressure 1315-mm (4 ft. 4 in.) Standard Arm and Standard Counterweight 1715-mm (5 ft. 8 in.) Long Arm and Extra Counterweight With Canopy With Cab With Canopy With Cab
With Rubber Track 32.0 kPa (4.6 psi) 33.0 kPa (4.8 psi) 33.7 kPa (4.9 psi) 35.2 kPa (5.1 psi) Upperstructure
Swing Speed 9.0 rpm
Independent Swing Boom Canopy Cab
Left 72 deg. 62 deg.

Right 62 deg. 62 deg.

Swing Brake Spring applied, hydraulically released, automatic, disc type Serviceability
Refill Capacities Refill Capacities (continued)
Fuel Tank 42 L (11.1 gal.) Engine Oil With Filter 7.2 L (7.6 qt.) Cooling System 5.0 L (5.3 qt.) Hydraulic Tank 32 L (8.5 gal.) Operating Weights
1315-mm (4 ft. 4 in.) Standard Arm and Standard Counterweight 1715-mm (5 ft. 8 in.) Long Arm and Extra Counterweight With Canopy With Cab With Canopy With Cab
With Full Fuel Tank and 79-kg (175 lb.) Operator 3520 kg (7,760 lb.) 3690 kg (8,135 lb.) 3783 kg (8,340 lb.) 3953 kg (8,715 lb.) Optional Angle Blade 296 kg (653 lb.) 296 kg (653 lb.) 296 kg (653 lb.) 296 kg (653 lb.) Counterweight
Standard 540 kg (1,190 lb.) 540 kg (1,190 lb.) 540 kg (1,190 lb.) 540 kg (1,190 lb.) Additional 240 kg (529 lb.) 240 kg (529 lb.) 240 kg (529 lb.) 240 kg (529 lb.) While general information, pictures, and descriptions are provided, some illustrations and text may include product options and accessories NOT AVAILABLE in all regions, and in some countries products and accessories may require modifications or additions to ensure compliance with the local regulations of those countries.

35G Engine
l Meets EPA Final Tier 4/EU Stage IV emissions
l Auto shutdown
l Engine coolant to –37 deg. C (–34 deg. F)
l Engine preheater
l Fan guard
l Fuel/water separator
l Full-flow oil filter
l Isolation mounted
l Key start switch with electric fuel shutoff
l Single dry-type air filter
Hydraulic System
l Auto-idle
l Auxiliary function right-hand pilot-lever control
l Auxiliary hydraulic lines with quick-couplers to
end of boom
l Auxiliary return-flow selector valve
l Axial-piston swing motor
l Boom-swing foot control
l Excavator-to-backhoe control pattern change valve
l Open center with 2 variable-displacement pumps
and 1 fixed-gear pump
l Hydraulic pilot-operated controls for boom, arm,
bucket, swing, boom swing, blade, travel, and
auxiliary functions
l Wet-disc swing brake
Undercarriage
l Planetary final drive
l Propel motor shield
35G Undercarriage (continued)
l 2-speed axial-piston propel motors
l Rubber track, 300 mm (12 in.)
s Steel track, 300 mm (12 in.) with triple semi-grousers s Rubber crawler pad, 300 mm (12 in.)
Upperstructure
l 360-deg. rotation
l Counterweight, 540 kg (1,190 lb.)
l Hinged service-access doors
l ROPS/TOPS/FOPS (canopy)
s ROPS/TOPS/FOPS (cab) with air conditioning and
heater
l Vandal protection for service doors, fuel cap, and
toolbox
l Zero-tail-swing configuration
Front Attachments
l Arm, 1315 mm (4 ft. 4 in.)
s Long arm, 1715 mm (5 ft. 8 in.), includes additional
240-kg (529 lb.) counterweight
l Articulation hose shield
l Backfill blade, 1.74 m (5 ft. 9 in.)
s Hydraulic angle backfill blade
l Boom, 2.465 m (8 ft. 1 in.)
l Mechanical quick-coupler
s Augers: Planetary / Chain drive / Bits / Bit adapters s Clamp
s Hammers: Points / Tools
s Quick-coupler buckets: Bucket teeth / Ditching /
Heavy-duty
35G Operator’s Station
l Horn
l Hour meter
l Instrumentation lights
l Mode selectors (illuminated): Power mode (1) /
Economy mode (1)
l Monitor system: Preheat indicator / Engine oil
pressure indicator with alarm / Alternator voltage
indicator / Fuel gauge and low-fuel-level indicator /
Engine coolant temperature gauge and engine
coolant temperature indicator with alarm / Hour
meter / Work lights indicator
l Motion alarm with cancel switch
l Work lights switch
l Propel levers and foldable pedals
l 2 travel speeds with automatic shifting
l Seat belt, 51 mm (2 in.), retractable
s Seat belt, 76 mm (3 in.), retractable
l Vinyl seat with fore/aft adjustment
s Suspension seat (cloth)
s Front screen
s Rear secondary exit kit
Electrical
l 12-volt accessory outlet
l Alternator, 55 amp
l Low-maintenance battery
l Blade-type multi-fused circuits
l Positive-terminal battery covers
Lights
l Work lights: Halogen / 1 mounted on operator’s
station / 1 mounted on boom
Machine Dimensions
(see line art at bottom right of page 6) 35G
G Upperstructure Width 1.55 m (5 ft. 1 in.) M Engine Cover Height 1.53 m (5 ft. 0 in.) H Overall Height N Maximum Blade Lift Above Ground 360 mm (14.2 in.) Canopy 2.48 m (8 ft. 2 in.) O Maximum Blade Drop Below Ground 400 mm (15.7 in.) Cab 2.48 m (8 ft. 2 in.) Blade
I Track Width 300 mm (12 in.) Width 1.74 m (5 ft. 9 in.) J Undercarriage Width 1.74 m (5 ft. 9 in.) Height 373 mm (14.7 in.) K Ground Clearance 280 mm (11 in.) P Sprocket Center to Idler Center 1.66 m (5 ft. 5 in.) L Tail Swing Radius Q Undercarriage Length 2.11 m (6 ft. 11 in.) With Standard Arm 870 mm (34 in.) R Counterweight Clearance 550 mm (22 in.) With Long Arm and Extra Counterweight 980 mm (39 in.)
Lift Capacities
Boldface type indicates hydraulically limited capacity; lightface type indicates stability-limited capacities, in kg (lb.). All lift capacities are based on ISO 10567 (with power boost).

Lifting measurement from center of arm to bucket pin; with 400-mm (16 in.) track shoe and blade on ground; and situated on firm, level, uniform supporting surface. Total load includes weight of cables, hook, etc. Figures do not exceed 87 percent of hydraulic capacities or 75 percent of weight needed to tip machine.

Canopy and Standard
Counterweight
Cab and Standard
Counterweight Canopy and Extra Counterweight Cab and Extra Counterweight Ground Level at 3.05-m (10 ft.) Radius Over Front Over Side Over Front Over Side Over Front Over Side Over Front Over Side 1315-mm (4 ft. 4 in.) Standard Arm 1568 kg
(3,453 lb.)
641 kg
(1,412 lb.)
1568 kg
(3,453 lb.)
684 kg
(1,506 lb.)
1568 kg
(3,453 lb.)
765 kg
(1,686 lb.)
1568 kg
(3,453 lb.)
808 kg
(1,780 lb.)
1715-mm (5 ft. 8 in.) Long Arm 1501 kg
(3,307 lb.)
630 kg
(1,388 lb.)
1501 kg
(3,307 lb.)
672 kg
(1,481 lb.)
1501 kg
(3,307 lb.)
755 kg
(1,662 lb.)
1501 kg
(3,307 lb.)
797 kg
(1,756 lb.)
Key: l Standard s Optional or special See your John Deere dealer for further information.

Additional equipment
While general information, pictures, and descriptions are provided, some illustrations and text may include product options and accessories NOT AVAILABLE in all regions, and in some countries products and accessories may require modifications or additions to ensure compliance with the local regulations of those countries.

Net engine power is with standard equipment including air cleaner, exhaust system, alternator, and cooling fan at test conditions per ISO 9249.

These machines are not equipped with spark-arrestor mufflers. Usage in forestry applications is not recommended. Specifications and design subject to change without notice. Wherever applicable, specifications are in accordance with SAE standards. Except where otherwise noted, these specifications are based on a canopy unit with standard arm; 610-mm (24 in.), 0.11-m3 (4.0 cu. ft.) bucket; 300-mm (12 in.) rubber track; and 540-kg (1,190 lb.) counterweight; full fuel tank; and 79-kg (175 lb.) operator. Page 122 of 282 DKAXG35 (22-10)

City Council

STAFF REPORT
Date: February 15, 2023 Agenda Item:

2.F.

To: Honorable Mayor and City Council Members
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:

Five-Year Contract with Smart Energy System, Inc. to Renew the City's Utility Billing Portal
RECOMMENDATION:

Award a five-year contract to Smart Energy System, Inc., dba Smart Energy Water, totaling $95,572 to renew the City's utility billing portal.

SUMMARY:

Since 2016, the City has used the Smart Customer Mobile module for utility billing.

Through this system, water customers are able to monitor their water consumption, payments, and receive email alerts. As part of renewing the contract with Smart Utility Systems, Smart Energy Water (SEW) is including a major upgrade to Version 10 platform.

BACKGROUND:

On June 1, 2016, the City approved a five-year contract with Smart Utility Systems to implement the Smart Customer Mobile (SCM) module for utility billing customers.

Through this system, the City currently offers its customers the capability of monitoring their water consumption, making payments, and receiving email alerts. Residents are also able to use either their smart phone or any other device with an internet connection to access their utility account information. The system provides connectivity with Tyler's accounting software and the City's payment processor, Paymentus.

We currently have an estimated 2,600 customers signed up to use this service. City residents set up an account to view their hourly, daily, weekly and monthly water consumption and it allows the City to continue to use Paymentus to accept one-time payments from residents. Also, an advantage of using Smart Utility Systems’ SCM solution is that all payments made are able to be posted automatically by a batch into the City’s accounting software, saving considerable staff time.

The contract with SEW is now due for renewal. As part of the renewal, SEW is including a major upgrade to Version 10 platform. The module upgrades include updates to the billing, usage, outage, notification, service forms, contact information, and conservation modules. The website interface will also be refreshed with a new and modern design.

FISCAL IMPACT:

The cost for SEW's first year in the amount of $15,600 was included in the FY 2022-2023 Operating Budget. Funding for future years will be included in future corresponding fiscal year operating budgets.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction #4: Communication and Stakeholder Experience: 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):
5-Year Contract

Order Form for Smart Energy Water SaaS and Cloud Subscription Between Smart Energy Systems, Inc. dba Smart Energy Water 15495 Sand Canyon Avenue, STE 100
Irvine, CA 92618
(“SEW”)
And City of Norco
2870 Clark Ave.

Norco, CA 92860
(“Customer”)

1. Order Form
This Order Form, as issued by SEW, shall constitute an offer made by SEW to a Customer. When signed and returned to SEW by Customer, it shall become a binding agreement for the SEW Cloud Service(s) or other Services listed in this Order Form and effective on the date signed by Customer. This Order Form is governed by and incorporates the Terms and Conditions attached hereto.

2. SEW Platform Modules and Service(s)
The table below shows the purchased SEW Platform(s) and associated Service(s) thereof, purchased number of user licenses, initial subscription term, and fees, which shall be listed and selected by Customer below and subject to the Terms and Conditions which govern this Purchase Order.

Product Code Product Name
Smart Customer Mobile (SCM®) – Mass Market Persona
SCM-6.6.2-Web Customer Web Portal
SCM-6.6.2-Mobile Customer Mobile Apps (iOS & Android)
SCM-6.6.2-1 SCM – My Account
SCM-6.6.2-2 SCM – Billing
SCM-6.6.2-3 SCM – Usage
SCM-6.6.2-4 SCM – Compare
SCM-6.6.2-5 SCM – Outages
SCM-6.6.2-6 SCM – Notifications
SCM-6.6.2-7 SCM – Service
SCM-6.6.2-8 SCM - Connect Me
SCM-6.6.2-9 SCM - Efficiency / Conservation
SCM-6.6.2-10 SCM - Smart Home
SCM-6.6.2-11 SCM - Electric Vehicle
SCM-6.6.2-12 SCM – Footprint
SCM-6.6.2-13 CSP – Dashboard
SCM-6.6.2-14 CSP – Efficiency / Conservation
SCM-6.6.2-15 CSP – Notifications
SCM-6.6.2-16 CSP – CSR
SCM-6.6.2-17 CSP – Administration
SCM-6.6.2-18 CSP – Outages
SCM-6.6.2-19 CSP – Customer AI / Analytics
SCM-6.6.2-22 CSP – Smart Home
SCM-6.6.2-24 CSP – Demand Response
SCM-6.6.2-28 CSP – Smart CRM – Marketing & Campaign
SCM-6.6.2-29 CSP – Smart CRM – Notifications
SCM-6.6.2-30 CSP – Smart CRM – Case Management
SCM-6.6.2-31 CSP – Smart BI
Support & Maintenance
Sup-1 Standard Support Plan
Sup-2 Max Support Plan

3. Subscriptions, Term, and Fees
The number of subscribers listed below represents the committed number of subscriptions authorized to utilize the SEW Cloud Service(s). Additional subscriptions may be purchased at an additional cost by contacting your local SEW representative or sending a request to [email protected].

Product Subscription Metric # of Subscriptions
Annual
Subscription Fee
(USD)
SCM® Mass Market Persona Number of Meters 7,800
(including 10 admin subscriptions)
$19,993
(discounted from $22,019)

The term of this Agreement commences on the date of signature of this Order Form and continues for the initial term set forth below, unless earlier terminated in accordance with this Agreement.

Term Total Fee for Order Form Payment Conditions for Term Year 1
$15,600
(discounted from $19,993) Total fee invoiced and due upon signing (i.e. the Effective Date) Year 2 to 5
$79,972
($19,993 annually)
Total fee due upon signing and invoiced in four (4) equal installments:
• Upon the 1st anniversary of the Effective Date
• Upon the 2nd anniversary of the Effective Date
• Upon the 3rd anniversary of the Effective Date
• Upon the 4th anniversary of the Effective Date
v10 upgrade
fee
$15,000
(waived as customer is signing
five-year term)
One-time implementation fee
The fees for additional services purchased under Section 4 and 5 shall be invoiced separately under the respective terms of such service.

4. Notification Subscriptions
The table below shall display the SEW Notification Service(s) selected to be purchased by Customer, subject to the SEW Notification Services Terms and Conditions (below).

EMAIL MESSAGING SERVICE
Service Type Price (USD) Description
Number of Emails
Included Standard: Up to 150,000 Emails/Month
Premium: $1500 / Month Premium: Up to 1,000,000 Emails/Month Premium Pro: $2400 / Month Premium Pro: Up to 4,000,000 Emails/Month Elite: $3500/ Month Elite: Exceeding 4,000,000 Emails/Month Email Volume SLA
Included Standard: Up to 10 Emails/Sec
Premium: $125 / Month Premium: Up to 50 Emails/Sec
Premium Pro: $187 / Month Premium Pro: Up to 100 Emails/Sec Elite: $245 / Month Elite: Up to 200 Emails/Sec
Enterprise: $478 / Month Enterprise: Up to 500 Emails/Sec Setup fees $22,500
Annual Service Maintenance & Support $36,000

TEXT MESSAGING SERVICE
Service Type Price (USD) Description
Random Short Code $1900 / Month per Short Code Number of codes: _________ Vanity Short Code $2400/Month per Short Code Number of codes: _________ In/Outbound SMS Text Messaging $0.04 / Message
In/Outbound MMS Messaging $0.04 / Message
SMS Volume SLA
Included Standard: Up to 5 Messages/Sec/Short Code
Premium: $286 / Month Premium: Up to 25 Messages/Sec/Short Code Premium Pro: $442 / Month Premium Pro: Up to 50 Messages/Sec/Short Code
Elite: $689 / Month Elite: Up to 100 Messages/Sec/Short Code Enterprise: $947 / Month Enterprise: Up to 200 Messages/Sec/Short Code One-time Initial Setup $59,550
Annual Service Maintenance & Support $78,000

VOICE CALL SERVICE
Service Type Price (USD) Description
Toll-Free
Lines $15 / Month per Line Number of Toll-free Lines: _________ In/ Outbound Toll-Free Voice Call $0.06 / Minute per Call (Duration <=59 seconds per call) Local Number
Lines $10 / Month per Line Number of Local Lines: _________ Inbound Voice Call $0.03 / Minute per Call (Duration <=59 seconds per call) Outbound Voice Call $0.05 / Minute per Call (Duration <=59 seconds per call) Voice Call Volume SLA
Included Standard: Up to 1 Call / Sec
Premium: $237 / Month Premium: Up to 5 Calls / Sec
Premium Pro: $912 / Month Premium Pro: Up to 10 Calls / Sec Elite: $2941 / Month Elite: Up to 25 Calls / Sec
Enterprise: $9702 / Month Enterprise: Up to 50 Calls / Sec One-time Initial Setup $45,800
Annual Service Maintenance & Support $78,000

WESMART CHAT & BOT SERVICES
Service Price (USD)
We Smart Chat Annual Fee - $29,000 / Year
One-time Implementation Fee - $38,000
We Smart Advanced Chatbot Annual Fee - $79,000 / Year
One-time Implementation Fee - $58,000
Live Agent Add-on for agent hand-off
Number of Agents: ____
Agent 1 – 250: $1,140 annual ($95/agent/month)
Agents 251 – 500: $1,083 annual ($90.25/agent/month)
Agents 501+: $1,026 annual ($85.50/agent/month)

5. Other Add-on Subscriptions
SEW additionally offers the following add-on, a la carte, or individual Subscriptions, which can be selected by Customer below, subject to the Terms and Conditions which govern this Purchase Order.

Description Comments / Additional Terms Count / Description Additional Language Pack
$1,200 annually per language (waived)
$9,500 one-time fee (waived)
Recurring annual and one-time set up fee
for additional language support.

This service includes set up and testing it
does not include translation. Customer to
provide translation of labels.

Languages Selected:

Spanish

6. Acceptance and Authorization
Customer: City of Norco Smart Energy Water
Signature: Signature:

Name: Name: Harman Sandhu
Title: Title: President
Effective Date: Date:

Appendix A: SEW Software-as-a-Service Subscription Terms Appendix B: SEW Notification Services Agreement
Appendix C: Data Retention Policy
Robin Grundmeyer
Mayor
02/15/2023

Appendix A
SEW Software-as-a-Service Subscription Terms
Smart Energy Systems, Inc. dba Smart Energy Water (“Provider” or “SEW”) has developed certain proprietary software applications, and the Parties have agreed that Provider will make the software-as-a-service platform(s) set forth on the Order Form attached hereto (the “Software”) available via the Internet to the Customer hereunder. Therefore, in consideration of the mutual covenants, terms, and conditions set forth below and in any relevant exhibits or documents, the adequacy of which is hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS. The following capitalized terms will have the following meanings whenever used in this Agreement.

1.1. “Agreement” means these SEW Software-as-a-Service Subscription Terms & Conditions, including any applicable Order Form.

1.2. “Customer Data” means the data uploaded or otherwise input by Customer and/or Subscribers into the Software.

1.3. “Documentation” means the Software’s standard user manuals and any other accompanying documents related to the Software, in each case, that are delivered by SEW to Customer during Implementation.

1.4. “Feedback” means any suggestions, comments for enhancements or functionality or other feedback regarding SEW’s products and/or services that are communicated by Customer to SEW.

1.5. “Implementation” means the process for gathering requirements, configuring, testing, training, and integrating the Software for Customer’s use, as set forth in a Statement of Work.

1.6. “Maintenance and Support” means, unless Customer is subscribing to SEW’s Max Support Plan, SEW’s maintenance and support performed in accordance with SEW’s thencurrent Standard Support Plan (a copy of which will be provided to Customer upon request).

1.7. “Order Form” means an Order Form for Smart Energy Water Cloud Services executed between SEW and Customer.

1.8. “Software” means the SEW software that Customer has subscribed to as identified in an applicable Order Form.

1.9. “Specifications” means SEW’s specifications for the Software.

1.10. “Statement of Work” means a statement of work that (a) expressly references, and is governed by, this Agreement, (b) is executed by an authorized representative of each party and (c) sets forth, at a minimum, the Services to be performed by SEW and the related fees to be paid by Customer in consideration thereof.

1.11. “Subscribers” means an active account registered with the Customer to use the Software, either from a preexisting account of Customer or as associated with an active utility meter, as set forth in an applicable Order Form.

2. SOFTWARE DELIVERY.

2.1. Right to Access and Use Software. Subject to the terms and conditions of this Agreement, SEW hereby grants Customer a non-exclusive, non-sublicensable, non-transferable, limited right to access and use the Software for Customer’s business purposes.

2.2. Restrictions on Software Use. Customer will not permit any third parties to access and use the Software other than Subscribers. Customer will not permit Subscribers in excess of the cap set forth in the applicable Order Form to access or use the Software. Customer will be responsible and liable for all Subscribers’ compliance with the terms and conditions of this Agreement. Customer will not: (a) modify, translate or create derivative works from the Software; (b) allow third parties to exploit the Software; (c) reverse engineer, decompile, or attempt to derive any of the Software’s source code, object code or underlying structure, ideas or algorithms of the Software; (d) remove or modify any program markings or any notice of SEW’s proprietary rights; (e) copy, rent, lease, distribute, pledge, assign or otherwise transfer or allow any lien, security interest or other encumbrance on the Software; (f) use the Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (g) hack, manipulate, interfere with or disrupt the integrity or performance of or otherwise attempt to gain unauthorized access to the Software or its related systems, hardware or networks or any content or technology incorporated in any of the foregoing. Customer will (i) use commercially reasonable efforts to prevent unauthorized access to or use of the Software and notify SEW promptly of any such unauthorized access or use, and (ii) use the Software only in accordance with the Documentation and all applicable laws, rules and regulations.

3. UPDATES AND SERVICE LEVELS.

3.1. Provision of Updates and Maintenance SEW will provide regular Maintenance and Support, including by making available to Customer any modifications, bug-fixes, or security updates to the Software that SEW generally makes available to its customers, for no additional fee (“Updates”). “Software” as defined herein will incorporate any Updates, as well as any custom upgrades provided to Customer pursuant to a Statement of Work as contemplated herein.

3.2. Service Level Availability: SEW will use commercially reasonable efforts to make the Software available in accordance with the Availability Service Level Agreement (“SLA”) stated hereunder. SEW will provide Availability (as defined below) of at least 99.5% each month as calculated below. “Availability” is calculated as follows:

Availability = ([# of minutes in month]-[# of minutes per month the Software is Unavailable])/ [# of minutes in month] “Unavailable” means the Software is not available for access and use through Customer’s Internet connection, excluding any performance issues: (i) caused by factors outside of SEW’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of SEW; (ii) that result from any actions or inactions of Customer or any third party; (iii) that result from Customer’s equipment, software or other technology and/or third-party equipment, software or other technology (other than third-party equipment within SEW’s direct control); (iv) that result from any planned maintenance as described in this Agreement or (v) arising from SEW’s suspension or termination of Customer’s right to use the Software.

4. FEES.

4.1. Fees. Fees shall be based upon the SEW Platform(s), modules, number of Subscribers, and Services selected from the Order Form and the pricing stated therein. Customer agrees to make all payments to SEW within thirty (30) calendar days after receipt of invoice. Late invoices will incur a late payment fee of 1.5% or the maximum allowable under the law, whichever is less. If Customer’s account is sixty (60) days or more overdue, SEW reserves the right with prior written notice to withhold performance of its obligations under this Agreement, without liability, until such payments are paid in full, or to terminate for cause. Fees under this Agreement shall additionally be exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for all applicable taxes, levies, or duties hereunder.

5. INTELLECTUAL PROPERTY RIGHTS.

5.1. Customer Data. As between SEW and Customer, Customer owns the Customer Data. Customer hereby grants to SEW: (a) a non-exclusive, worldwide, royalty-free, fully paid up, non-sublicensable (except to contractors and service SEWs providing services on behalf of SEW), non-transferable (subject to Section 12.3) right and license to copy, distribute, display, create derivative works of and otherwise use the Customer Data (i) to perform its obligations under this Agreement, (ii) to internally improve its products and services and (iii) to create aggregated and/or anonymized data from such Customer Data (the “Aggregated Data”); and (b) a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid up, sublicensable (through multiple tiers), transferable right and license to copy, distribute, display, create derivative works of and otherwise use the Aggregated Data. Customer reserves any and all right, title and interest in and to the Customer Data other than the rights and licenses expressly granted to SEW in this Section 5.1.

5.2. Software. SEW retains all right, title, and interest in and to the Documentation and Software, as well as any related modifications, improvements, methodologies, techniques, processes, and instruction developed by SEW and used in the course of performing the Services (collectively “SEW IP”). Nothing in this Agreement will be construed to grant Customer any ownership in the SEW IP. Customer recognizes that the Software and its components are protected by copyright and other laws. SEW grants no, and reserves any and all, rights other than the rights expressly granted to Customer under this Agreement with respect to the Software.

5.3. Feedback. Customer hereby grants SEW a perpetual, irrevocable, unrestricted, worldwide license to use any Feedback, without compensation or any obligation to report on such use, and without any other restriction. Such rights will include, without limitation, the right to exploit Feedback in any way and the right to grant sublicenses (through multiple tiers). Notwithstanding the provisions of Article 6 (Confidential Information) below, Feedback will not be considered Customer’s Confidential Information.

6. CONFIDENTIAL INFORMATION.

6.1. Confidential Information Defined. “Confidential Information” refers to the following types of material or content one party to this Agreement (“Discloser”) discloses to the other (“Recipient”): (a) any information Discloser marks or designates as “Confidential” at the time of disclosure; and (b) any other nonpublic, sensitive information disclosed by Discloser including, but not limited to code, inventions, know-how, business, technical, and financial information, or other information which should reasonably be known by the Recipient to be confidential at the time it is disclosed, due to the nature of the information and the circumstances surrounding such disclosure. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Recipient’s possession at the time of disclosure; (ii) is independently developed by Recipient without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Recipient’s improper action or inaction; or (iv) is rightfully obtained by Recipient from a third party without breach of any confidentiality obligations.

6.2. Nondisclosure. Recipient will not use Confidential Information of the Discloser for any purpose other than to exercise its rights or perform its obligations under this Agreement (the “Purpose”). Recipient: (a) will not disclose Confidential Information of the Discloser to any employee or contractor of Recipient unless such person needs access in order to facilitate the Purpose and executes a written agreement with Recipient with terms no less restrictive than those of this Article 6; and (b) will not disclose Confidential Information of the Discloser to any other third party without Discloser’s prior written consent. Recipient will protect Confidential Information of the Discloser with the same degree of care it uses to protect its own confidential information of a similar nature, but with no less than reasonable care. Recipient will promptly notify Discloser of any misuse or misappropriation of Confidential Information of the Discloser that comes to Recipient’s attention. Notwithstanding the foregoing, Recipient may disclose Confidential Information of the Discloser as required by applicable law or by proper legal or governmental authority. Recipient will give Discloser prompt notice of any such legal or governmental demand and reasonably cooperate with Discloser in any effort to seek a protective order or otherwise to contest such required disclosure, at Discloser’s expense.

6.3. Injunction. Recipient agrees that breach of this Article 6 may cause Discloser irreparable injury, for which monetary damages may be inadequate, and in addition to any other remedy, Discloser will be entitled to seek injunctive relief against such breach or threatened breach, without proving actual damage.

6.4. Termination & Return. Upon expiration or termination of this Agreement, Recipient will return to the Discloser all copies (excepting one (1) copy archived for purposes of Recipient’s back-up processes) of Confidential Information of the Discloser or certify, in writing, the destruction thereof.

6.5. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license or any other right thereto. Discloser will retain all right, title, and interest in and to all of its Confidential Information.

7. DATA PRIVACY & SECURITY.

7.1. Data Security. Each party will be responsible for establishing and maintaining its own data privacy and information security policies, including physical, technical, administrative, and organizational safeguards to ensure the security and confidentiality of Customer Data; protect against any anticipated threats or hazards to the security of Customer Data; protect against unauthorized disclosure, access to, or use of Customer Data; ensure the proper disposal of Customer Data; and ensure that all employees, agents, and subcontractors, if any, comply with the above.

8. REPRESENTATIONS & WARRANTIES.

8.1. From SEW.
(a) Re: Function. SEW represents and warrants that, during the Term, the Software will perform materially in accordance with the Software Specifications. (b) Re: Intellectual Property Rights in the Software. SEW represents and warrants that it owns the Software, and has the power and authority to grant the rights in this Agreement without the further consent of any third party. In the event of a breach of the warranty in this Section 8.1(b), SEW, at its own expense and election, will promptly take the following actions: (i) secure for Customer the right to continue using the Software; (ii) replace or modify the Software to make it non-infringing, provided such modification or replacement will not materially degrade any functionality listed in the Specifications; or (iii) refund the prorated SaaS subscription fee paid for the Software for every month remaining in the Term, following the date after which Customer is required to cease use of the Software. In conjunction with Customer’s right to terminate for breach where applicable and the provisions of Section 9.1 below (Indemnified Claims), the preceding sentence states SEW’s sole obligation and liability, and Customer’s sole remedy, for breach of the warranty in this Section 8.1(b) and for potential or actual infringement by the Software. SEW’s representations and warranties herein will not apply to the extent any infringement arises out of any conditions listed in Section 9.1 (a) -9.1(f) below.

8.2. From Both Parties. Each party represents and warrants that (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement, (b) no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required hereunder, (c) the execution of this Agreement and performance of its obligations thereunder do not and will not violate any other agreement to which it is a party; and (c) this Agreement constitutes a legal, valid and binding obligation when signed by both Parties.

8.3. Warranty Disclaimers. Except for the express warranties in Sections 8.1 and 8.2 above, SEW MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. SEW does not warrant that the Software will perform without error or that it will run without immaterial interruption. SEW provides no warranty regarding, and will have no responsibility for, any claim arising out of: (a) a modification of the Software made by anyone other than SEW, unless SEW approves such modification in writing; or (b) use of the Software in combination with any operating system, hardware, software or other third-party materials not authorized or specifically forbidden in the Specifications or Documentation.

9. INDEMNIFICATION.

9.1. Indemnification by SEW. SEW will defend and indemnify Customer and its officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns against any settlement amounts, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) (collectively, “Liabilities”) that are payable to any third party or incurred by Customer arising from any third-party claim, suit, or proceeding arising out of an allegation that Customer’s authorized use of the Software infringes or misappropriates a third party’s intellectual property rights. SEW’s obligations set forth in this Section 9.1 do not apply to the extent that any claim arises out of: (a) Customer’s breach of this Agreement; (b) revisions to the Software made without SEW’s written consent; (c) Customer’s failure to incorporate Upgrades that would have avoided the alleged infringement, provided SEW offered such Upgrades without charges not otherwise required pursuant to this Agreement; (d) SEW’s modification of Software in compliance with Customer’s specifications; (e) unauthorized use of the software by third parties; or (f) use of the Software with hardware or software not provided by or approved of by SEW.

9.2. Indemnification by Customer. Customer will indemnify, defend and hold SEW and its officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns against any Liabilities that are payable to any third party or incurred by SEW arising from any third-party claim, suit, or proceeding arising out of (a) SEW’s authorized use of the Customer Data or (b) any use of the Software by Customer and/or its Subscribers in violation of this Agreement.

9.3. Indemnification Procedure. If an indemnified party becomes aware of any matter it believes it should be indemnified under Section 9.1 or Section 9.2, as applicable, involving any claim, action, suit, investigation, arbitration or other proceeding against the indemnified party by any third party (each an “Action”), the indemnified party will give the other party prompt written notice of such Action. The indemnified party will cooperate, at the expense of the indemnifying party, with the indemnifying party and its counsel in the defense and the indemnified party will have the right to participate fully, at its own expense, in the defense of such Action with counsel of its own choosing. Any compromise or settlement of an Action will require the prior written consent of both Parties hereunder, such consent not to be unreasonably withheld or delayed.

10. LIMITATION OF LIABILITY.

10.1. Liability Cap. UNDER NO CIRCUMSTANCES WILL SEW’S LIABILITY FOR ALL CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS) EXCEED THE AGGREGATE FEES PAID BY CUSTOMER TO SEW UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY.

10.2. Exclusion of Consequential Damages. IN NO EVENT WILL SEW BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR LOST REVENUE, ARISING OUT OF OR RELATED TO THIS AGREEMENT.

10.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 9 APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; EVEN IF SEW IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND EVEN IF CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 10, SEW’s liability will be limited to the maximum extent permissible by law. For the avoidance of doubt, SEW’s liability limits apply to SEW’s affiliates, SEWs, agents, sponsors, directors, officers, employees, consultants, and other representatives.

10.4. Exceptions to Limitation of Liability. The foregoing limitations do not apply to any liability arising from SEW’s indemnification obligations under Section 9.1 above.

11. TERM & TERMINATION.

11.1. Term. The Initial Term of this Agreement shall begin on the Effective Date and continue for the Term as stated in the applicable Order Form. Thereafter, unless this Agreement is earlier terminated in accordance with its terms, this Agreement will automatically renew for additional one (1) year terms (each, a “Renewal Term”, and together with the Initial Term, the “Term”), unless either party delivers to the other party written notice of non-renewal at least ninety (90) days’ prior to the end of the then-current term.

11.2. Termination. Either party may terminate this Agreement: (a) upon written notice to the other party if such other party materially breaches this Agreement and fails to cure such breach within thirty (30) days of written notice thereof; or (b) upon written notice to the other party if such other party becomes the subject of a petition in bankruptcy or any other proceeding related to insolvency, receivership, liquidation or assignment for the benefit of creditors (which, if involuntary, is not dismissed within sixty (60) days of its institution).

11.3. Effects of Termination. Upon expiration or termination of this Agreement, Customer will immediately cease all use of the Software and delete, destroy, or return all copies of the Documentation in its possession or control. SEW shall similarly delete, destroy, or return all relevant copies of Customer data which may be entitled to preservation based on state or federal data retention requirements. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay fees incurred before termination (in addition to any fees owed under Section 11.3 above, if applicable) and (b) Sections 1, 4, 5, 6, 8.3, 9, 10, 11 and 12.

12. MISCELLANEOUS.

12.1. 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.

12.2. Force Majeure. No delay, failure, or default, other than a failure to pay fees, will constitute a breach of this Agreement to the extent caused by causes beyond the performing party’s reasonable control or acts of war, terrorism, earthquakes, other acts of God or of nature, strikes or labor disputes, embargoes.

12.3. Assignment & Successors. Customer may not assign this Agreement or any of its rights or obligations hereunder without SEW’s written consent. SEW may freely assign this Agreement. Except to the extent forbidden herein, this Agreement will be binding upon and inure to the benefit of the Parties’ respective successors and assigns.

12.4. 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.

12.5. No 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 hereof will constitute a waiver of any other breach of this Agreement.

12.6. 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.

12.7. Conflicts. Should this Agreement conflict with any other agreements, this Agreement will govern.

12.8. 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.

12.9. 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. Neither party has relied upon any such prior or contemporaneous communications.

12.10. 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.

12.11. Modification. This Agreement may be modified from time to time by SEW, with Customer to be provided notice of no less than thirty (30) days prior to such Terms and Conditions taking effect.

Appendix B
SEW Notification Services Agreement
Smart Energy Systems, Inc. dba Smart Energy Water (“Provider” or “SEW”) has developed certain proprietary software applications and services for a Customer, and the Parties have agreed that Provider will make the Services described in the Order Form available to the Customer hereunder. Therefore, in consideration of the mutual covenants, terms, and conditions set forth below and in any relevant exhibits or documents, the adequacy of which is hereby acknowledged, the Parties agree as follows

1. Definitions

1.1. “Monthly Uptime Percentage” shall refer to the difference between 100% and the percentage of time during which the Services are unavailable.

1.2. “Services” shall refer to notification services for the SCM® Cloud Services platform utilized to establish form(s) of contact between the Customer and end user of the SEW Cloud Services Platform, which include, but are not limited to, SMS text messaging, email, and interactive voice response (IVR) services.

1.3. “SEW Cloud Services Platform” shall refer to Customer’s deployment of the SCM® platform, or other applicable software of SEW sold through an authorized reseller.

1.4. “Term” shall mean the Term set forth in the applicable license agreement, SaaS subscription agreement, cloud services agreement, or if not defined in an applicable signed writing, one (1) year from the Effective Date.

2. Scope and General Terms

2.1. SEW shall provide the following Services selected within the Order Form in accordance with the following terms and conditions.

2.2. Customer may use the Services solely to:
a) Use and make the Services available to end users in connection with the use of SEW Cloud Services Platform. b) Use the Services in connection with and as necessary for Customer’s activities pursuant to these terms or the terms set forth in an applicable license agreement, SaaS subscription agreement, or cloud services agreement. c) Allow any affiliates to use the Services, subject to the terms hereunder.

2.3. In relation to the Services provided under this Agreement, Customer agrees that:
a) Customer shall not transfer, resell, lease, license, or otherwise make available the Services or SEW Cloud Services Platform to third parties or offer it on a standalone basis, or make any representation, warranty, or guarantee to any end user or third party on behalf of SEW concerning the Services. b) SEW shall be entitled to use any Customer data that is necessary to provide the Services. c) Customer’s use of the Services does not violate the terms of this Agreement. d) Customer shall not use the Services or SEW Cloud Services Platform to create, train, or improve (director or indirectly) a substantially similar product or service. e) Customer shall not reverse engineer, decompile, disassemble, or otherwise create, attempt to create or derive, or permit or assist anyone else to create or derive the source code of any Services or SEW Cloud Services Platform provided in connection with this Agreement.

2.4. SEW shall make the Services available and guarantee a Monthly Uptime Percentage of 99.5%, notwithstanding any unavailability or performance issues of the Services caused by or as a result of the following (collectively, the “Exclusions”):
a) Factors that are outside of SEW’s reasonable control, including, without limitation, any force majeure event, telecommunications provider-related problems or issues, internet access or related problems occurring beyond the point in the network where SEW maintains access and control of the Services. b) Any actions or inactions of Customer or any third party. c) Any Customer application(s), equipment, software, or other technology, third party equipment, software, etc. not authorized for use with the Services. d) Routine or scheduled maintenance for which SEW will provide at least twenty-four (24) hours of advanced notice. e) Problems or issues related to alpha, beta, or not otherwise generally available in SEW features or products.

2.5. Notification Services shall commence at the rates and volumes selected by Customer in the Order Form. a) In the event that Customer exceeds the number of emails per month selected, SEW shall automatically escalate Customer to the next service tier and corresponding rates. Customer shall thereafter be invoiced according to the rates set forth for the escalated tier for the remaining Term for such Order Form. b) At any time during the Term of the Order Form, Customer can contact SEW to request to be change their service to a lower tier. Such changes to revert to a lower tier and corresponding rates can be made only once during a twelve month period. Customer shall not be entitled to any credits for unused volumes when reverting to a lower service tier after having been escalated to a higher tier as a result of having exceeded notification volume limits. c) In the event Customer requires a higher notification Volume SLA tier in order to meet increased demand or to ensure timely delivery of the Services for Customer’s end users, Customer shall contact SEW detailing the Email Volume SLA or SMS Volume SLA tier customer wishes to upgrade to.

3. Term

3.1. The Initial Term of this Agreement shall begin on the Effective Date and continue for the Term as stated in the applicable Order Form.

4. Renewals

4.1. This Agreement shall automatically renew upon the expiration of the Initial Term as stated in the Order Form for one (1) year intervals (“Renewal Term”), unless terminated by Customer by providing written notice to SEW ninety (90) days prior to the expiration of the Term. For the avoidance of doubt, SEW shall not be required to refund any previously paid fees, regardless of when termination occurs during the Term or Renewal Term.

5. Fees

5.1. Fees for the Services shall be set forth in the Order Form. Customer shall be invoiced for applicable one-time initial setup fees, maintenance and support fees, and monthly service type fees upfront upon signing of this Agreement and annually thereafter if applicable. The usage fees applicable to inbound and outbound SMS messaging or voice call messages that are selected by the Customer shall be invoiced based on monthly intervals. Customer agrees to make all payments to SEW within thirty (30) calendar days after receipt of invoice. Late invoices will incur a late payment fee of 1.5% or the maximum allowable under the law, whichever is less. If Customer’s account is sixty (60) days or more overdue, SEW reserves the right with prior written notice to withhold performance of its obligations under this Agreement, without liability, until such payments are paid in full, or to terminate for cause. Fees under this Agreement shall additionally be exclusive of all taxes, levies, or duties imposed by taxing authorities, and Customer shall be responsible for all applicable taxes, levies, or duties hereunder.

6. Warranty and Liability

6.1. DISCLAIMER OF WARRANTY. WITH THE EXCEPTION OF THE SERVICE LEVEL COMMITMENT SET FORTH IN SECTION 2.4, THE SERVICES UNDER THIS AGREEMENT ARE PROVIDED “AS-IS,” EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF

MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED. SEW DOES NOT WARRANT THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR MEET ALL CUSTOMER REQUIREMENTS.

WITHOUT LIMITING THE FOREGOING, SERVICES MAY BE SUBJECT TO LIMITATIONS OF THE TELECOMMUNICATIONS PROVIDER, HOSTING

ENVIRONMENT, DELAYS, INTERNET SERVICE PROVIDER, THIRD PARTIES, ACTIONS OR INACTIONS OF THE CUSTOMER, AND OTHER PROBLEMS INHERENT TO THE USE OF MASS-MARKET NOTIFICATION SERVICES AND ELECTRONIC COMMUNICATIONS. SEW IS NOT RESPONSIBLE FOR ANY

DELAYS, DELIVERY FAILURES, DELETIONS, LOSS OF DATA, DATA CORRUPTION, THIRD-PARTY PUBLICATION, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS NOT CAUSED BY SEW OR OUTSIDE OF SEW’S REASONABLE CONTROL. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. SEW SHALL

NOT BE LIABILE AND WILL HAVE NO OBLIGATION TO INDEMNIFY CUSTOMER FOR END USER DATA OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION SENT TO SEW.

6.2. LIMITATION OF LIABILITY. IN NO EVENT WILL SEW’S AND ITS LICENSORS’ TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT PAID FOR THE NOTIFICATION SERVICES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE SUCH CLAIM AROSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF WHETHER ANY

REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SEW OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY

FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS,