Norco City Council
August 16, 2023

Arctic Wolf Networks –Solutions Agreement
Last Updated: 2023.05 Page 10 of 13
THE SOLUTIONS ARE PROVIDED “AS IS” AND FURTHER ACKNOWLEDGES THAT ARCTIC WOLF DOES NOT WARRANT: (A) THE OPERATION OF THE SOLUTIONS WILL BE UNINTERRUPTED, OR ERROR FREE; AND (B) THE SOLUTIONS ARE NOT VULNERABLE TO FRAUD OR UNAUTHORIZED USE. CUSTOMER IS RESPONSIBLE AND ARCTIC WOLF SHALL HAVE NO RESPONSIBILITY FOR

DETERMINING THAT THE USE OF THE SOLUTIONS COMPLIES WITH APPLICABLE LAWS IN THE JURISDICTION(S) IN WHICH CUSTOMER MAY DEPLOY AND USE THE SOLUTIONS.

10.2 No Guarantee. CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT ARCTIC WOLF DOES NOT GUARANTEE OR WARRANT THAT IT WILL FIND, LOCATE, OR DISCOVER ALL OF CUSTOMER’S SYSTEM THREATS, VULNERABILITIES, MALWARE, AND

MALICIOUS SOFTWARE, OR THAT ALL SUCH SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE CAN OR WILL BE CONTAINED OR UNCONTAINED IN THE DELIVERY OF THE SOLUTIONS. CUSTOMER ACKNOWLEDGES THAT CERTAIN

FEATURES AND ACTIVITIES PERFORMED BY ARCTIC WOLF AND MORE FULLY DESCRIBED IN THE SOLUTIONS TERMS COULD POSSIBLY RESULT IN INTERRUPTIONS OR DEGRADATION TO CUSTOMER’S SYSTEMS AND ENVIRONMENT AND ACCEPTS THOSE RISKS AND CONSEQUENCES. CUSTOMER ASSUMES ALL RISKS IN USING THIRD-PARTY SYSTEMS OR SERVICES IN CONNECTION WITH THE DELIVERY OF THE SOLUTIONS.

10.3 Open Source Warranty. The Software may include Open Source Software. To the extent included in the Software, Open Source Software is governed solely by the applicable open source licensing terms, if any, and is provided “AS IS”, and Arctic Wolf hereby disclaims all copyright interest in such Open Source Software. Arctic Wolf provides no warranty specifically related to any Open Source Software or any applicable Open Source Software licensing terms. Any fees paid by Customer to Arctic Wolf are for Arctic Wolf’s proprietary Software only, and not for any Open Source Software components of the Software. Any license associated with an Open Source Software component applies only to that component and not to Arctic Wolf’s proprietary Software or any other third-party licensed software. The foregoing language is not intended to limit Arctic Wolf’s warranty obligation for the Solutions set forth in Section 10.1. “Open Source Software” means software with its source code made available pursuant to a license by which, at a minimum, the copyright holder provides anyone the rights to study, change, and/or distribute the software to anyone and for any purpose.

10.4 Third-Party Product. Third-Party Product (as defined in this Section 10.4) may carry a limited warranty from the third-party publisher, provider, or original manufacturer of such Third-Party Products. To the extent required or allowed, Arctic Wolf will pass through to Customer or directly manage for the benefit of Customer’s use of the Third-Party Products as part of the Solutions (such decision to be made in Arctic Wolf’s discretion), the manufacturer warranties related to such Third-Party Products. “Third-Party Product” means any non-Arctic Wolf branded products and services (including Equipment, and any operating system software included therewith) and non-Arctic Wolf-licensed software products, including Open Source Software.

10.5 Customer Warranties. Customer represents and warrants that it shall: (i) be responsible for ensuring the security and confidentiality of all Administrator IDs and passwords; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Solutions; (iii) notify Arctic Wolf promptly upon discovery of any unauthorized use of the Solutions or any breach, or attempted breach, of security of the Solutions; (iv) not violate any foreign, provincial, federal, state and local statutes, laws, orders, rules, regulations and requirements applicable to Customer’s performance of its obligations herein, including those of any governmental (including any regulatory or quasi-regulatory) agency, Trade Control laws, and regulations and the U.S. Foreign Corrupt Practices Act (the “FCPA”); (v) not use the Solutions and transfer any Solutions Data to Arctic Wolf for any fraudulent purposes; and (vi) implement safeguards within Customer’s environment to protect the Solutions, including specifically, the Equipment, from the introduction, whether intentional or unintentional, of: (1) any virus or other code, program, or sub-program that damages or interferes with the operation of the Equipment or halts, disables, or interferes with the operation of the Solutions; or (2) any device, method, or token whose knowing or intended purpose is to permit any person to circumvent the normal security of the Solutions. Customer authorizes Arctic Wolf to perform Services (and all such tasks and tests reasonably contemplated by or reasonably necessary to perform the Services) on network resources with the internet protocol addresses or other designated identifiers identified by Customer. Customer represents that, if Customer does not own such network resources, it will have obtained consent and authorization from the applicable third party to permit Arctic Wolf to provide the Services on such third party’s network resources.

11. Limitation of Liability.

11.1 TO THE FULL EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 11.2 BELOW, FOR ANY CAUSE RELATED TO OR

ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT

LIABILITY) OR ANY OTHER LEGAL THEORY, HOWEVER ARISING, ARCTIC WOLF WILL IN NO EVENT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR: (A) DAMAGES BASED ON USE OR ACCESS, INTERRUPTION, DELAY OR INABILITY TO USE THE SOLUTIONS,

LOST REVENUES OR PROFITS, LOSS OF SOLUTIONS, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING

FROM SYSTEM FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT

INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION, BREACHES BY AN AUTHORIZED PARTNER, OR BREACHES IN CUSTOMER’S SYSTEM SECURITY; OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (C) ANY AMOUNTS THAT EXCEED

THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SOLUTIONS THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS

SHALL APPLY WHETHER OR NOT ARCTIC WOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BOTH PARTIES UNDERSTAND AND AGREE

THAT THE LIMITATIONS OF LIABILITIES FOR EACH PARTY SET FORTH IN THIS AGREEMENT ARE REASONABLE AND THEY WOULD NOT HAVE ENTERED INTO THE AGREEMENT WITHOUT SUCH LIMITATIONS. THE FOREGOING LIMITATIONS OF LIABILITY IN THIS SECTION 11, WITH RESPECT TO ARCTIC WOLF AUSTRALIAN CUSTOMERS, ARE SUBJECT TO THE COMPETITION AND CONSUMER ACT 2010 (CTH) SCH 2 AND SECTION 11.2 OF THIS AGREEMENT.

11.2 FOR CUSTOMERS DEEMED “CONSUMERS” AS DEFINED BY THE COMPETITION AND CONSUMER ACT 2010 (CTH) SCH 2, SECTION 11.1 IS REPLACED IN ITS ENTIRETY WITH THE FOLLOWING:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ARCTIC WOLF SHALL NOT BE LIABLE TO CUSTOMER (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE) FOR: (A) ANY LOST PROFITS, REVENUE, OR

SAVINGS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,

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EVEN IF ARCTIC WOLF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE; OR (B) AN AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SOLUTIONS THAT ARE THE SUBJECT OF THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT WHICH GIVES RISE TO SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THESE TERMS. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS SECTION 11.2. THIS SECTION 11.2 DOES NOT SEEK TO LIMIT OR EXCLUDE THE LIABILITY OF ARCTIC WOLF OR ITS AFFILIATES

IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY FOR WHICH IT IS NOT PERMITTED BY LAW TO EXCLUDE. TO THE EXTENT APPLICABLE, THIS PROVISION MUST BE READ SUBJECT TO THE COMPETITION AND CONSUMER ACT 2010 (CTH) SCH 2.

12. Term and Renewal. This Agreement shall be in effect for the Subscription Term specified in the Order Form. Unless otherwise set forth on the Order Form, the Subscription Term for the Solutions, in its entirety, will automatically renew at the end of the initial Subscription Term for the same period of time as the initial Subscription Term, but in no event more than a twelve (12) month term, and subject to the then-current terms and price at the time of renewal; provided however, if either party would like to opt out of automatic renewal of the Subscription of the Solutions or reduce Subscription scope, then such party must notify the other party no less than sixty (60) days prior to the expiration of the thencurrent Subscription Term.

13. Updates. Arctic Wolf reserves the right to modify this Agreement, the Terms, and the Documentation in Arctic Wolf’s sole discretion provided that changes shall not materially decrease the Solutions features and functionalities that Customer has subscribed to during the thencurrent Subscription Term. Should Arctic Wolf make any modifications to the Agreement, the Terms, or Documentation, Arctic Wolf will post the amended terms on the applicable URL links and will update the “Last Updated Date” within such documents and notify Customer via email, the Customer newsletter or such other written communication method implemented by Arctic Wolf from time-to-time. Customer may notify Arctic Wolf within 30 days after the effective date of the change of its rejection of such change. If Customer notifies Arctic Wolf of its rejection during such thirty (30) day period, then Customer will remain governed by the terms in effect immediately prior to the change until the end of Customer’s then-current Subscription Term. However, any subsequent renewal of the Subscription Term will be renewed under the then-current terms, unless otherwise agreed in writing by the parties.

14. Termination. Either party may terminate this Agreement for cause if the other party commits a material breach of this Agreement, provided that such terminating party has given the other party ten (10) days advance notice to try and remediate the breach. Upon termination, Customer agrees to cease all use of the Arctic Wolf Technology, installed or otherwise, and permanently erase or destroy all copies of any Arctic Wolf Technology, including all Content and virtual Equipment, that are in its possession or under its control and promptly remove and return all physical Equipment to Arctic Wolf. Except as otherwise required by law, Arctic Wolf will remove, delete, or otherwise destroy all copies of Confidential Information in its possession upon the earlier of (i) the return of the Equipment, if applicable, to Arctic Wolf, or (ii) one hundred-twenty (120) days following termination. Notwithstanding anything contrary in this Agreement, should Customer fail to return any Equipment within ninety (90) days following discontinuation of use of the Equipment or termination or expiration of this Agreement, Customer will be liable for the replacement cost of the Equipment, which shall be due and owing upon receipt of the invoice from Arctic Wolf or the Authorized Partner, and Customer shall be liable for any breach of the Confidential Information and Arctic Wolf Technology contained within the unreturned Equipment. Sections 6 through 13, 14, and 15 will survive the non-renewal or termination of this Agreement.

15. Miscellaneous.

15.1 Except as otherwise provided herein, all notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) on the next business day after the date sent, if sent for overnight delivery by a generally recognized international courier (e.g., FedEx, UPS, DHL, etc.) (receipt requested); or (c) on the date sent by e-mail (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient. Such communications must be sent to the respective parties at the addresses set forth on the signature page hereof (or at such other address for a party as shall be specified in a notice given in accordance with this Section 15). For contractual purposes, Customer (1) consents to receive communications in an electronic form via the email address it provides herein or via the Customer Portal; and (2) agrees that all agreements, notices, disclosures, and other communications that Arctic Wolf provides electronically satisfies any legal requirement that those communications would satisfy if they were on paper. This Section does not affect Customer's non-waivable rights.

15.2 Notwithstanding any other terms to the contrary contained herein, Customer grants Arctic Wolf the right to use Customer’s name or logo in customer lists, marketing materials, and verbal discussions with prospective customers to communicate that Customer uses the Solutions. If Arctic Wolf intends to disclose information about Customer’s purchase(s) (such as dollar amount of sale or project objectives) in conjunction with the use of Customer’s name or logo, Arctic Wolf will obtain Customer’s prior written or email approval.

15.3 The parties to this Agreement are independent contractors. Neither party has the authority to bind the other party without the express written authorization of the other party. Nothing herein may be construed to create an employer-employee, franchisor-franchisee, agency, partnership, or joint venture relationship between the parties. Arctic Wolf shall be primarily liable for the obligations of its Affiliates and any subcontractors used in the delivery of the Solutions.

15.4 This Agreement shall inure to the benefit of and be binding upon the respective permitted successors and assigns of the parties. Customer shall not be entitled to assign, subcontract, delegate or otherwise transfer any of its rights and/or duties arising out of this Agreement and/or parts thereof to third parties, voluntarily or involuntarily, including by change of control, operation of law or any other manner, without Arctic Wolf’s express prior written consent. Any purported assignment, subcontract, delegation, or other transfer in violation of the foregoing shall be null and void. No such assignment, subcontract, delegation, or other transfer shall relieve the assigning party of any of its obligations hereunder.

15.5 The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended. This Agreement shall be governed by the laws of the State of California without regard to the conflicts of law provisions thereof. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in Santa Clara County, California in English and in accordance with the JAMS International Arbitration Rules then in effect. Any judgment on the award rendered by the

Arctic Wolf Networks –Solutions Agreement
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arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator(s), provided that a permanent injunction and damages shall only be awarded by the arbitrator(s). In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.

15.6 Each party acknowledges and agrees that any dispute or claim that may arise out of or relate to this Agreement is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby. Further, each party agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one year after such claim or cause of action arose.

15.7 No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.

15.8 If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business, and other purpose of such void or unenforceable provision. Arctic Wolf does not accept, expressly or impliedly, and rejects and deems deleted any additional or different terms or conditions that Customer presents, including, but not limited to, any terms or conditions contained Customer’s purchase order, or other such document, or established by trade usage or prior course of dealing.

15.9 This Agreement (including the exhibits hereto, if any, and any BAA (as defined in Section 15.10 below)) constitutes the parties’ entire agreement by and between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreement or understanding by and among the parties with respect to such subject matter. Except as otherwise provided herein, this Agreement may be amended, modified, or supplemented only by an agreement in writing signed by each party.

15.10 In the event that Arctic Wolf receives personal healthcare information in the delivery of the Solutions, the parties agree to comply with the Business Associate Addendum (“BAA”) located at https://arcticwolf.com/terms/business-associate-addendum/ or such other equivalent agreement/addendum as required under applicable health information/privacy laws. In the event the parties have entered into a BAA or equivalent agreement in relation to protected health information, the parties intend for both this Agreement and BAA or equivalent agreement to be binding upon them and the BAA or equivalent agreement is incorporated into this Agreement by reference.

15.11 The parties have participated mutually in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted mutually by the parties and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

15.12 The parties have agreed that this Agreement as well as any notice, document or instrument relating to it be drawn up in English only; les parties aux présentes ont convenu que la présente convention ainsi que tous autres avis, actes ou documents s’y rattachant soient rédigés en anglais seulement.

15.13 Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [signature page to follow]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives on the Effective Date.

Arctic Wolf Networks, Inc.: Customer:

Signed: Signed:

Name: __Andrew Hill__________________________ Name: __Robin Grundmeyer________________________ Title: __Chief Legal Officer & General Counsel__________ Title: ___Mayor_________________________ Date: ____________________________ Date: ___________________________________ Notice Address:

PO Box 46390
Eden Prairie, MN 55344
Attn: General Counsel
[email protected]
Notice Address:

City of Norco
2870 Clark Ave
Norco, CA 92860
Attn: City Clerk’s Department
[email protected]

City of Mesa, AZ
Contract # 2018011-01
for
Information Technology Solutions and Services
with
CDW Government, LLC
Effective: March 1, 2018

The following documents comprise the executed contract between the City of Meza, AZ and CDW Government, LLC., effective March 1, 2018:

I. Executed Contract
II. Mayor and Council Approval
III. Supplier Response
IV. Original RFP

OFFICE OF THE CITY CLERK

COUNCIL MINUTES
February 5, 2018
The City Council of the City of Mesa met in a Regular Council Meeting in the Council Chambers, 57 East 1st Street, on February 5, 2018 at 5:45 p.m.

COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT
John Giles
David Luna
Mark Freeman
Christopher Glover
Francisco Heredia
Kevin Thompson
Jeremy Whittaker
None Christopher Brady
Dee Ann Mickelsen
Jim Smith
Mayor’s Welcome.

Invocation by Pastor Ben Diaz with Palabra de Vida (Word of Life).

Pledge of Allegiance was led by Councilmember Thompson.

Awards, Recognitions and Announcements.

There were no awards, recognitions or announcements.

1. Take action on all consent agenda items.

All items listed with an asterisk (*) will be considered as a group by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember or citizen requests, in which event the item will be removed from the consent agenda and considered as a separate item. If a citizen wants an item removed from the consent agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on the consent agenda.

It was moved by Councilmember Thompson, seconded by Councilmember Glover, that the consent agenda items be approved.

Carried unanimously.
*2. Approval of minutes from previous meetings as written.

Minutes from the January 8, 11, and 22, 2018 Council meetings.

Regular Council Meeting
February 5, 2018

3. Take action on the following liquor license applications:
*3-a. It Ain’t Chemo
This is a one-day event to be held on Saturday, February 10, 2018 from 9:00 A.M. to 9:00 P.M. at Riverview Park, 2100 West Rio Salado Parkway. (District 1) *3-b. AMC Superstition East 12
A multi-screen cinema is requesting a new Series 6 Bar License for American MultiCinema Inc., 1935 South Signal Butte Road - Andrea Dahlman Lewkowitz, agent. There is no existing license at this location. (District 6)
*3-c. ATL Wings
A restaurant that serves lunch and dinner is requesting a new Series 12 Restaurant License for Stapley Wings LLC, 1455 South Stapley Drive, Suites 22-24 - Andrea Dahlman Lewkowitz, agent. The existing license held by Mark Killian, sole proprietor, will revert to the State. (District 4)
*3-d. Elgin Distillery
This is a one-day craft distillery festival to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2) *3-e. Village of Elgin Winery
This is a one-day wine festival event to be held on Saturday, March 3, 2018 from 9:00 A.M. to 4:00 P.M. at Sunland Village, 4601 East Dolphin Avenue. (District 2)

4. Take action on the following off-track betting license application:
*4-a. Turf Paradise, TP Racing LLLP
New Off-Track Betting License for Turf Paradise, TP Racing LLLP to telecast at Moose & Bear, located at 118 East McKellips Road, Suite 103, TB Concepts LLC. Applicant:

Vincent Acri Francia. (District 1)

5. Take action on the following contracts:
*5-a. One-Year Renewal to the Term Contract for Executive Physicals for Citywide Departments as requested by the Human Resources Department. (Citywide) This contract provides annual physicals for the City’s executive staff as a means of maintaining optimum health. There are approximately 65-70 positions eligible to participate in this program.

The Human Resources Department and Purchasing recommend authorizing the renewal contract with Banner Occupational Health Clinics, at $88,500, based on estimated usage.

Regular Council Meeting
February 5, 2018

*5-b. One-Year Renewal to the Term Contract for Deceased Animal Collection Services for the Community Services Department. (Citywide)
This contract provides a vendor to collect and dispose of deceased animals up to 150 pounds that are reported within the City. The contractor is responsible for the proper disposal by cremation or other means in accordance with the standards and methods approved by the Maricopa County Health Department.

The Community Services Department and Purchasing recommend authorizing the renewal contract with APM/Couts Enterprises, Inc., dba Arizona Pet Mortuary, at $54,000, based on estimated usage.
*5-c. Purchase of One Replacement Fire Apparatus, an Air Light/Rehab Unit, for the Fire and Medical Department (Sole Source). (Citywide)
The apparatus being replaced has met established replacement criteria and will be sold by a sealed bid process or traded-in as part of the City's fire apparatus purchase agreement with Pierce Manufacturing. In addition, Fire and Medical will trade-in two units to further offset the price for the Air/Light Rehab unit.

The Fire and Medical Department and Purchasing recommend authorizing the purchase using the City’s five-year purchase agreement with Pierce Manufacturing Inc., through their designated local dealer, Hughes Fire Equipment Inc., at $502,264.75. This purchase is funded by the Capital-General Fund and authorized 2013 Public Safety Bonds.
*5-d. Three-Year Term Contract for Landscape Maintenance Services for Parks, Retention Basins and Sports Fields - Zones 1, 2, 3 and 4 for the Parks, Recreation and Community Facilities Department (PRCF). (Citywide)
These contracts provide landscape maintenance services for sports fields, parkways, medians, parks, retention basins or grounds adjacent to City facilities. The City has divided the landscaping into geographic areas known as Zones 1, 2, 3 and 4. PRCF has done an analysis to bring the work under this contract in-house and, at this time, contracting continues to be in the best financial interest of the City.

The evaluation committee recommends awarding the contract to the highest-scored proposal from Mariposa Landscape Arizona, Inc.; Zone 1, at $1,435,319.57 annually; Zone 2, at $959,183.45 annually; Zone 3, at $974,364.20 annually; and Zone 4, at $1,221,738.22 annually; based on estimated usage.
*5-e. Three-Year Term Contract for Plumbing Services for the Parks, Recreation and Community Facilities Department. (Citywide)
This contract will establish a list of pre-qualified plumbing contractors to perform plumbing services on various City facilities/projects on an as-needed basis.

The evaluation committee recommends awarding the contract to the four, highest-scored proposals from Mesa Energy Systems Inc.; RKS Plumbing and Mechanical Inc.; Sun Mechanical Inc.; and W.D. Manor Mechanical Contractors, Inc.; cumulatively not to exceed $100,000 annually, based on estimated usage.

Regular Council Meeting
February 5, 2018

*5-f. Purchase of Furniture for the Main Library as requested by the Library Services Department. (Citywide)
This purchase will provide seating and tables for two new rooms at the Main Library, Teen Room and ThinkSpot. The Library worked with several vendors utilizing cooperative contracts specifying their needs and goals with this project.

The Library Services Department and Purchasing recommend authorizing the purchase using the Northern Arizona University cooperative contract with Atmosphere Commercial Interiors, at $50,876.25.
*5-g. Five-Year Term Contract with CDW Government, LLC and SHI International Corp. for Information Technology Solutions and Services for Various Departments throughout the City. (Citywide)
This contract will provide the City and participating agencies a full range of information technology solution products and services to meet varying requirements of governmental agencies. The scope of products and services available under these contracts include standard business and high-end workstations; laptop and notebook computers; network equipment; computer and network products and peripherals; monitors; various cloud, consulting, and technical support services; financing; various software products; and the contractors' comprehensive product offering.

Mesa, as the lead agency, has partnered with the National Intergovernmental Purchasing Alliance Company (National IPA) to lead this contract. The contract will be available to over 45,000 public agencies nationally. While no minimum volume is guaranteed to the suppliers, the estimated annual volume of IT Solutions purchased under this master agreement is approximately $500 million per year. The City will receive rebates annually for administering and awarding this contract.

A committee representing the Police, and Information Technology Departments, City Manager’s Office, Police-Information Technology, National IPA and Purchasing evaluated responses. The evaluation committee recommends awarding the contract to the highest-scored proposals from CDW Government, LLC and SHI International Corp., at $3,100,000 annually, based on estimated usage.
*5-h. One-Year Term Contract for Electrical and Lighting Supplies for the Materials and Supply Warehouse (for Citywide Departments). (Citywide) Multiple departments use this Citywide contract for their miscellaneous electrical equipment and supplies.

The Business Services Department and Purchasing recommend authorizing the purchase using the State of Arizona cooperative contract with Border States Industries, Inc., at $100,000, based on estimated usage.
*5-i. Re-Award the Three-Year Term Contract for Microfilm Conversion Services for the Police Department. (Citywide)
This contract will provide services to convert Police Department data from microfilm to digital media. Police, Records Division use microfilm that is becoming worn and damaged. The previous vendor is unable to satisfactorily fulfill the contract requirements.

Regular Council Meeting
February 5, 2018

The Police Department and Purchasing recommend re-awarding the contract to the second highest scored proposal, ICM Conversions, at $400,000 annually, based on estimated usage.
*5-j. Purchase of Falcon District Brand Signage as requested by the Economic Development Department. (Citywide)
Continuing to build awareness and to promote the Falcon Field Economic Activity Area, this purchase for the Falcon District signage includes the installation of two branded monument signs to be located on Greenfield and Higley Roads, south of the 202.

Additionally, the City will install utility and transit signal box wraps and will mount branded banners promoting aerospace, technology, and manufacturing on light poles around the airport.

The Economic Development Department and Purchasing recommend authorizing the purchase using the City of Peoria cooperative contract with YESCO Phoenix, at $146,670.49. This purchase is funded by Local Streets Sales Tax. *5-k. Purchase of Three Replacement Rollback Trailers for the Transportation Department. (Citywide)
These trailers will replace three aging equipment trailers that are at the end of their service life. The trailers will meet the needs and safety requirements for transporting the large equipment required to perform street and right-of-way maintenance.

The Transportation Department and Purchasing recommend authorizing the purchase using the National Joint Powers Alliance contract with Empire Southwest (a Mesa business), at $176,764.77. This purchase is funded by Local Streets Sales Tax. *5-l. One-Year Renewal to the Term Contract for Radio-Based Endpoint Encoders (for Water Meter Reading) for the Water Resources Department. (Citywide) This contract provides Itron radio-based endpoint encoders and accessories purchased directly from Itron, Inc., the manufacturer. The endpoint stores 40 days of hourly reads to ensure data integrity and offers advanced customer side leak detection and reverse flow and tamper alarms. Water Utility installs approximately 540 radio-based endpoint encoders on new and existing meters annually.

The Water Resources Department and Purchasing recommend authorizing the renewal with Itron, Inc., at $100,000, based on estimated usage. *5-m. Purchase of Water Treatment Plant Shop Tools and Equipment for the New Signal Butte Water Treatment Plant as requested by the Water Resources Department. (Citywide) This purchase is for tools and equipment needed for the start-up and maintenance in the various shops at the new Signal Butte Water Treatment Plant.

The Water Resources Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders: Copper State Bolt & Nut Co. (a Mesa business); Glendale Industrial Supply, LLC, dba UNICOA Construction and Industrial Supply; Mallory Safety & Supply LLC; and W.W. Grainger, Inc.; cumulatively not to exceed $153,000, based on estimated usage.

Regular Council Meeting
February 5, 2018

*5-n. One-Year Renewal to the Term Contract for Fire Hydrant Water Meters for the Water Resources Department. (Citywide)
This contract provides 3” fire hydrant water meters to accurately measure construction water use of fire hydrants. The meters are installed by Water Utility staff to serve contractors and other customers needing to connect to City fire hydrants for temporary construction water service and dust control purposes.

The Water Resources Department and Purchasing recommend authorizing the renewal with Badger Meter Inc., dba National Meter Automation, at $35,000, based on estimated usage.
*5-o. Greenfield Water Reclamation Plant (GWRP), Phase III Expansion Guaranteed Maximum Price (GMP) No. 2. (Citywide)
The City of Mesa, Town of Gilbert, and Town of Queen Creek seek to provide an additional 14 million gallons per day annual average day flow of liquids and solids treatment capacity at the existing GWRP, complete with the required infrastructure, technology, and environmental features to ensure a reliable, efficient, and expanded plant to meet the current and future demands.

Staff recommends awarding the contract for the completion of this project to McCarthy Building Companies in the amount of $120,302,333 and authorize a change order allowance $6,015,117 (5%) for a total project amount of $126,317,450. This project is funded by the Greenfield Water Reclamation Plant Joint Venture Fund, with contributions coming from its members based on usage. Mesa’s portion of this GMP is $72,229,521 and is funded by 2014 authorized Wastewater Bonds. *5-p. Sewer Pipe and Manhole Rehabilitation: Mesa Drive, Millet Avenue, Horne, and 6th Avenue. (District 4)
The existing sanitary sewer lines covered by this project were built during the 1950’s and 1960’s. The age of these pipes greatly increases their risk of failure and emergency repairs. This method of construction can be completed while leaving the pipe in place and without excavation. Similarly, the sewer manholes will be cleaned, repaired, and coated in place. Only the concrete adjustment rings will be removed and replaced.

Staff recommends awarding the contract for this project to the lowest, responsible bidder, B and F Contracting, Inc, in the amount of $1,394,294.67, and authorize a change order allowance in the amount of $139,430 (10%), for a total amount of $1,533,724.67. Funding for this project is available from the 2014 Wastewater Bond Program.
*5-q. Sidewalks at Railroad Crossing on Alma School. (Districts 3 and 4) To continue to meet current railroad approach and clearance standards at the Alma School Road railroad crossing, additional safety improvements will need to be made.

The project improvements for roadway and sidewalk approach at this location will facilitate greater public safety and needed clearances from railroad signals along with a smoother roadway crossing of the Union Pacific Railroad track. Mesa will participate in the federally-funded Railway-Highway Grade Crossing Program, and will be responsible

Regular Council Meeting
February 5, 2018

for adjusting the existing concrete sidewalks around the proposed cantilevers and gates, and installing concrete medians.

This project was previously awarded by Council on July 10, 2017, however, the previously selected contractor could not comply with the federal requirements and the project was released for bid a second time.

Staff recommends awarding the contract to the lowest, responsible bidder, AJP Electric, in the amount of $149,494, plus an additional $14,949 (10%) as a change order allowance, for a total amount of $164,443. Funding is available from the Local Streets Sales Tax, of which 94.3% will be reimbursed by Arizona Department of Transportation (Federal) Grant under the Railway-Highway Grade Crossing.

6. Take action on the following resolutions:
*6-a. Approving and authorizing the City Manager to submit the Second Substantial Amendment to the Fiscal Year 2017/2018 Annual Action Plan to the U.S. Department of Housing and Urban Development related to the allocation of funding obtained under the Community Development Block Grant (CDBG) program. This Amendment will allow for reallocation of $600,000 in CDBG funds from the Senior Center Renovation Project (247 North Macdonald) to the Eagles Park Project (828 East Broadway Road). (District 4) – Resolution No. 11088.
*6-b. Approving and authorizing the City Manager to enter into a Grant Agreement with the Arizona Department of Public Safety to accept $1,335,284 in Victims of Crime Act (VOCA) grant funds. The finding will be used for salaries and expenses for the Mesa Prosecutors Office, Victim Services Unit for a three-year period. (Citywide) – Resolution No. 11089.
*6-c. Approving and authorizing the City Manager to enter into a Lease Agreement with New Cingular Wireless PCS for a cellular site on a portion of 5950 East Virginia Street, also known as Mesa Fire Station 214. (District 5) – Resolution No. 11090. *6-d. Approving and authorizing the City Manager to enter into a Development Agreement for City-Share Reimbursement with PPGN-Ray, LLLP, for the reimbursement of $100,568 for regional street and street lighting improvements that are being required by the City in conjunction with a proposed residential development known as Crismon Road at PPGN, located at 5461 South Ellsworth Road. (District 6) – Resolution No. 11091. *6-e. Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Maricopa County, Department of Transportation for the pavement rehabilitation of Adobe Road from Higley Road to Recker Road. The City will contribute an estimated $54,417 for the portion of the project that is within City boundaries that will be funded from the 2013 Streets Bond Program. (District 5) – Resolution No. 11092. *6-f. Approving and authorizing the City Manager to enter into First Amendments to the Development Agreement, Ground and Air Lease, and License Agreement with 3W Management, LLC, to facilitate the development of, and job creation and retention at, the City-owned property generally located at the southwest corner of Main Street and South Pomeroy and 34 South Pomeroy, which is the development commonly known as The GRID. (District 4) – Resolution No. 11093.

Regular Council Meeting
February 5, 2018

7. Introduction of the following ordinance and setting February 26, 2018 as the date of the public hearing on this ordinance:
*7-a. ZON17-00323 (District 5) The 8800 to 8900 blocks of East Main Street (south side).

Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres).

Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow for the development of an RV dealership and storage facility. Jeff Welker, Welker Development Resources, applicant; Roger D. Overson, owner.

Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)

8. Discuss, receive public comment, and take action on the following ordinances:
*8-a. ZON17-00309 (District 2) The 5200 block of East Inverness Avenue (south side).

Located east of Higley Road south of the US60 Freeway (1.9 ± acres). Rezoning from RM-3-PAD to LC; and Site Plan Review. This request will allow for the development of a commercial building. John Schoenauer, HD Management, applicant; Sevilla, LLC, owner. – Ordinance No. 5419.

Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *8-b. ZON17-00283 (District 6) The 7100 to 7300 blocks of East Ray Road (north side).

Located east of Power Road on the north side of Ray Road (56.0± acres). Rezone from LI-AF to LI-AF-PAD. This request will allow for the development of an industrial subdivision. Omar Cervantes, XCL Engineering, LLC, applicant; Phx-Mesa Gateway Airport 193, LLC, owner. – Ordinance No. 5420.

Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0) *8-c. ZON17-00432 (District 3) The 800 and 900 blocks of West Southern Avenue (south side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and 900 blocks of West Grove Avenue (north side). Located at the southwest corner of Southern Avenue and Extension Road (19.3 ± acres). PAD Amendment; Site Plan Modification. This request will allow the development of a new multiple-residence building in an existing multiple-residence complex. Reese Anderson, Pew and Lake, PLC, applicant; Edward B. Frankel, Trustee of the Frankel Family Trust, owner. – Ordinance No. 5421.

Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 7-0)

9. Take action on the following subdivision plat:
*9-a. "Allred Ranch" (District 2) The 2900 to 3100 blocks of East Southern Avenue (north side), and the 900 to 1200 blocks of South Los Alamos (west side). Located east of

Regular Council Meeting
February 5, 2018
Page9
Lindsay Road on the north side of Southern Avenue. 108 RSL-4.5 PAD lots (25± acres).

KB Home Phoenix, Inc., developer; Dan Auxier, EPS Group, engineer.

Items not on the Consent Agenda

10. Items from citizens present.

There were no items from citizens present.

11. Adjournment.

Without objection, the Regular Council Meeting adjourned at 5:57 p.m.

ATTEST:

DEE ANN MICKELSEN, CITY CLERK
~AYOR
~
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Council Meeting of the City Council of Mesa, Arizona, held on the 5th day of February, 2018. I further certify that the meeting was duly called and held and that a quorum was present.

DEE ANN MICKELSEN, CITY CLERK
js

AGREEMENT PURSUANT TO SOLICITATION
CITY OF MESA AGREEMENT NUMBER 2018011

INFORMATION TECHNOLOGY SOLUTIONS & SERVICES
CITY OF MESA, Arizona (“City”)
Department Name City of Mesa – Purchasing Division
Mailing Address P.O. Box 1466
Mesa, AZ 85211-1466
Delivery Address 20 East Main St, Suite 400
Mesa, AZ 85201
Attention Sharon Brause, CPPO, CPPB, CPCP
Senior Procurement Officer
E-Mail [email protected]
Phone (480) 644-2815
Fax (480) 644-2655
AND
CDW GOVERNMENT LLC, (“Contractor”)
Mailing Address 230 N. Milwaukee Ave
Vernon Hills, IL 60061-9740
Remit Address 75 Remittance Dr, Suite #1515
Chicago, IL 60675-1515
Attention Jumana Dihu, Program Manager
E-Mail [email protected]
Phone (312) 547-2495
Fax (312) 705-9437
Website www.cdwg.com

CITY OF MESA AGREEMENT PURSUANT TO SOLICITATION
This Agreement pursuant to solicitation (“Agreement”) is entered into this 28th day of February, 2018, by and between the City of Mesa, Arizona, an Arizona municipal corporation (“City”), and CDW GOVERNMENT LLC, an Illinois limited liability company (“Contractor”). The City and Contractor are each a “Party” to the Agreement or together are “Parties” to the Agreement.

RECITALS
A. The City issued solicitation number 2018011 (“Solicitation”) for INFORMATION TECHNOLOGY SOLUTIONS & SERVICES, to which Contractor provided a response (“Response”); and B. The City Selected Contractor’s Response as being in the best interest of the City and wishes to engage Contractor in providing the services/materials described in the Solicitation and Response.

In consideration of the reciprocal promises contained in the Agreement, and for other valuable and good consideration, which the Parties acknowledge the receipt and sufficiency of, the Parties agree to the following Terms & Conditions.

TERMS & CONDITIONS

1. Term. This Agreement is for a term beginning on March 1, 2018 and ending on February 28, 2023.

The use of the word “Term” in the Agreement includes the aforementioned period as well as any applicable extensions or renewals in accordance with this Section 1.

1.1 Renewals. On the mutual written agreement of the Parties, the Term may be renewed up to a maximum of two (2), one (1) year periods. Any renewal(s) will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the thencurrent term.

1.2 Extension for Procurement Processes. Upon the expiration of the Term of this Agreement, including any renewals permitted herein, at the City’s sole discretion this Agreement may be extended on a month-to-month basis for a maximum of six (6) months to allow for the City’s procurement processes in the selection of a Contractor to provide the services/materials provided under this Agreement. The City will notify the Contractor in writing of its intent to extend the Agreement at least thirty (30) calendar days prior to the expiration of the Term. Any extension under this Subsection 1.2 will be a continuation of the same terms and conditions as in effect immediately prior to the expiration of the thencurrent term.

1.3 Delivery. Delivery shall be made to the location(s) contained in the Scope of Work within thirty (30) days after receipt of an order. Title to Products and risk of loss or damage during shipment pass from Contractor to City upon delivery to the destination specified on the applicable purchase order (F.O.B. Destination, freight prepaid and allowed). Contractor agrees to deliver all products to be delivered F.O.B. destination, freight pre-paid and allowed to various locations throughout the City. In many cases within the City, the Contractor may be asked to deliver all products to the front counter within a given department. For special orders, the Parties agree to negotiate in good faith an alternative delivery date when necessary. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and the City's rights therein are contained in the license agreement between such licensor(s) and the City.

2. Scope of Work. The Contractor will provide the necessary staff, services and associated resources to provide the City with the services, materials, and obligations attached to this Agreement as Exhibit A (“Scope of Work”) Contractor will be responsible for all costs and expenses incurred by Contractor that are incident to the performance of the Scope of Work unless otherwise

stated in Exhibit A. Contractor will supply all equipment and instrumentalities necessary to perform the Scope of Work. If set forth in Exhibit A, the City will provide Contractor’s personnel with adequate workspace and such other related facilities as may be required by Contractor to carry out the Scope of Work.

The Agreement is based on the Solicitation and Response which are hereby incorporated by reference into the Agreement as if written out and included herein. In addition to the requirements specifically set forth in the Scope of Work, the Parties acknowledge and agree that the Parties shall perform in accordance with all terms, conditions, specifications and other requirements set forth within the Solicitation and Response unless modified herein.

3. Orders. Orders must be placed with the Contractor by either a: (i) Purchase Order when for a onetime purchase; (ii) procurement card; (iii) Delivery Order or Blanket Purchase Order for a requirements contract where multiple as-needed orders will be placed with the Contractor; (iv) Executed Statement of Work (SOW); or (v) Executed Cloud Service Order (CSO) Form. The City may use the Internet to communicate with Contractor and to place orders as permitted under this Agreement. Unless explicitly stated in a separate writing executed by the Parties, the terms and conditions on any order form, quote, or similar document provided by Contractor to the City will not take precedence over the language set forth in this Agreement or any of the documents outlined in Section 4 below.

4. Document Order of Precedence. In the event of any inconsistency between the terms of the body of the Agreement, Exhibits, Solicitation, and Response, the language of the documents will control in the following order.
a. Amendments to the Agreement
b. Agreement
c. Exhibits

1. Mesa Standard Terms & Conditions (Exhibit C)

2. Pricing (Exhibit B)

3. Scope of Work (Exhibit A)

4. Other Exhibits not listed above
d. Solicitation including any addenda
e. Contractor’s Response

5. Payment. Subject to the provisions of the Agreement, the City will pay Contractor the sum(s) described in Exhibit B (“Pricing”) in consideration of Contractor’s performance of the Scope of Work during the Term.

6. Pricing. Contractor’s pricing shall be in the format of a minimum percentage discount off a verifiable price index. Contractor may submit discounts for various manufacturers. At the time of purchase, Contractor may offer deeper discounts beyond the discounted price list, based on volume or other factors, as applicable. Minimum discounts will remain firm during the entirety of the Term of the Agreement, unless the Contractor requests to increase its discount percentage, and Pricing will include all charges that may be incurred in fulfilling requirement(s). In addition to decreasing prices for the balance of the Term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. In the event a product is discontinued, Contractor will provide a product of the same or greater functionality, utilizing the discount structure.

It is the Contractor’s responsibility to provide the City with an up-to-date price list for the duration of the Agreement.

6.1 Prices. All pricing discounts shall be firm for the Term and all extensions or renewals of the Term except where otherwise provided in this Agreement, and will include all costs of the Contractor providing the materials/service including transportation, insurance and

warranty costs. No fuel surcharges will be accepted unless allowed in this Agreement.

The City shall not be invoiced at prices higher than those stated in the Agreement.

No price modifications will be accepted without proper request by the Contractor and response by the City’s Purchasing Division.

6.2 Price Adjustment. Any requests for reasonable price adjustments must be submitted in accordance with this Section. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. There is no guarantee the City will accept a price adjustment; therefore, Contractor should be prepared for the Pricing to be firm over the Term of the Agreement. The City is only willing to entertain price adjustments based on an increase to Contractor’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement. If the City agrees to the adjusted price terms, the City shall issue written approval of the change.

During the sixty (60) day period prior to the expiration of the then-current term date of the Agreement, the Contractor may submit a written request to the City to allow an increase to the prices in an amount not to exceed the twelve (12) month change in the Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items, Not Seasonally Adjusted as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov/cpi/home.htm). The City shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.

6.3 Renewal and Extension Pricing. Any extension of the Agreement will be at the same pricing as the initial term. If the Agreement is renewed in accordance with Section 1, pricing may be adjusted for amounts other than inflation that represent actual costs to the Contractor based on the mutual agreement of the Parties. Contractor may submit a request for a price adjustment along with appropriate supporting documentation demonstrating the cost to the Contractor. Renewal prices shall be firm for the term of the renewal period and may be adjusted thereafter as outlined in the Subsection 6.2. There is no guarantee the City will accept a price adjustment.

6.4 Invoices. Payment will be made to Contractor following the City’s receipt of a properly completed invoice. Any issues regarding billing or invoicing must be directed to the City Department/Division requesting the service or material from the Contractor. A properly completed invoice should contain, at a minimum, all of the following:
a. Contractor name, address, and contact information;
b. City billing information;
c. City contract number as listed on the first page of the Agreement; d. Invoice number and date;
e. Payment terms;
f. Date of service or delivery;
g. Description of materials or services provided;
h. If materials provided, the quantity delivered and pricing of each unit; i. Applicable taxes; and
j. Total amount due.

6.5 Payment of Funds. Contractor acknowledges the City may, at its option and where available use a Procurement Card/e-Payables to make payment for orders under the Agreement; otherwise, payment will be through a traditional method of a check or Electronic Funds Transfer (EFT) as available.

6.6 Disallowed Costs, Overpayment. If at any time the City determines that a cost for which payment was made to Contractor is a disallowed cost, such as an overpayment or a charge for materials/service not in accordance with the Agreement, the City will notify Contractor in writing of the disallowance; such notice will state the means of correction which may be, but is not limited to, adjustment of any future claim/invoice submitted by Contractor in the amount of the disallowance or to require repayment of the disallowed amount by Contractor. Contractor will be provided with the opportunity to respond to the notice.

7. Insurance.

7.1 Contractor must obtain and maintain at its expense throughout the Term of the Agreement, at a minimum, the types and amounts of insurance set forth in this Section 7 from insurance companies authorized to do business in the State of Arizona; the insurance must cover the materials/service to be provided by Contractor under the Agreement. For any insurance required under the Agreement, Contractor will name the City of Mesa, its agents, representatives, officials, volunteers, officers, elected officials, and employees as additional insured, as evidenced by providing either an additional insured endorsement or proper insurance policy excerpts.

7.2 Nothing in this Section 7 limits Contractor’s responsibility to the City. The insurance requirements herein are minimum requirements for the Agreement and in no way limit any indemnity promise(s) contained in the Agreement.

7.3 The City does not warrant the minimum limits contained herein are sufficient to protect Contractor and subcontractor(s) from liabilities that might arise out of performance under the Agreement by Contractor, its agents, representatives, employees, or subcontractor(s).

Contractor is encouraged to purchase additional insurance as Contractor determines may be necessary.

7.4 Each insurance policy required under the Agreement must be in effect at or prior to the execution of the Agreement and remain in effect for the Term of the Agreement.

7.5 Prior to the execution of the Agreement, Contractor will provide the City with a Certificate of Insurance (using an appropriate “ACORD” or equivalent certificate) signed by the issuer with applicable endorsements. The City reserves the right to request additional copies of any or all of the policies, endorsements, or notices relating thereto required under the Agreement.

7.6 When the City requires a Certificate of Insurance to be furnished, Contractor's insurance is primary of all other sources available. When the City is a certificate holder and/or an additional insured, Contractor agrees no policy will expire, be canceled, or be materially changed to affect the coverage available without advance written notice to the City.

7.7 The policies required by the Agreement must contain a waiver of transfer rights of recovery (waiver of subrogation) against the City, its agents, representatives, officials, volunteers, officers, elected officials, and employees for any claims arising out of the work of Contractor.

7.8 All insurance certificates and applicable endorsements are subject to review and approval by the City's Risk Management Division.

7.9 Types and Amounts of Insurance. Contractor must obtain and retain throughout the term of the Agreement, at a minimum, the following:

7.9.1 Worker’s compensation insurance in accordance with the provisions of Arizona law. If Contractor operates with no employees, Contractor must provide the City

with written proof Contractor has no employees. If employees are hired during the course of this Agreement, Contractor must procure worker’s compensations in accordance with Arizona law.

7.9.2 The Contractor shall maintain at all times during the term of this contract, a minimum amount of $1 million per occurrence/$2 million aggregate Commercial General Liability insurance, including Contractual Liability. For Commercial General Liability insurance, the City of Mesa, their agents, officials, volunteers, officers, elected officials or employees shall be named as additional insured, as evidenced by providing an additional insured endorsement.

7.9.3 Automobile liability, bodily injury and property damage with a limit of $1 million per occurrence including owned, hired and non-owned autos.

8. Requirements Contract. Contractor acknowledges and agrees the Agreement is a requirements contract; the Agreement does not guarantee any purchases will be made (minimum or maximum).

Orders will only be placed when the City identifies a need and issues a purchase order or a written notice to proceed. The City reserves the right to cancel purchase orders or a notice to proceed within three (3) business days of issuance; any such cancellation will be in writing. Should a purchase order or notice to proceed be canceled, the City agrees to reimburse Contractor for any actual and documented costs incurred by Contractor. The City will not reimburse Contractor for any avoidable costs incurred after receipt of cancellation including, but not limited to, lost profits, shipment of materials, or performance of services. The City reserves the right to purchase contracted items through other sources if determined in the best interests of the City to do so.

9. Notices. All notices to be given pursuant to the Agreement will be delivered to the Contractor at the address listed on Page 1 of this Agreement. Notice will be delivered pursuant to the requirements set forth the Mesa Standard Terms and Conditions that are attached to the Agreement as Exhibit C.

10. Representations of Contractor. To the best of Contractor’s knowledge, Contractor agrees that:
a. Contractor has no obligations, legal or otherwise, inconsistent with the terms of the Agreement or with Contractor’s undertaking of the relationship with the City; b. Performance of the services called for by the Agreement do not and will not violate any applicable law, rule, regulation, or any proprietary or other right of any third party; c. Contractor will not use in the performance of Contractor’s responsibilities under the Agreement any proprietary information or trade secret of a former employer of its employees (other than City, if applicable); and
d. Contractor has not entered into and will not enter into any agreement, whether oral or written, in conflict with the Agreement.

11. Mesa Standard Terms and Conditions. Exhibit C to the Agreement is the Mesa Standard Terms and Conditions as modified by the Parties, which are incorporated by reference into the Agreement as though fully set forth herein. In the event of any inconsistency between the terms of the Agreement and the Mesa Standard Terms and Conditions, the language of the Agreement will control. The Parties or a Party are referred to as a “party” or “parties” in the Mesa Standard Terms and Conditions. The Term is referred to as the “term” in the Mesa Standard Terms and Conditions.

12. Counterparts and Facsimile or Electronic Signatures. This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute one agreement. A facsimile or other electronically delivered signature to the

EXHIBIT A

SCOPE OF WORK

1. MINIMUM REQUIREMENTS. Contractor must meet the following minimum qualifications:
a. A full range of information technology solution products and services to meet varying requirements of governmental agencies.
b. Have a strong national presence as a computer solutions provider. c. Have a distribution model capable of delivering products, free of charge, in a timely manner on a nationwide basis.
d. Have a demonstrated sales presence.
e. Ability to provide a toll-free telephone and state of the art electronic facsimile and internet ordering and billing capabilities.
f. Be able to meet the minimum requirements of the cooperative purchasing program detailed herein.

2. ORDERING. Although the City is open to alternate ordering methods, the primary methods for customers placing orders with the Contractor is through the following:
a. Online
b. Telephone
c. Fax
d. Email

3. SCOPE OF PRODUCTS. Contractor will provide the ability to purchase a comprehensive, wide variety of Information Technology Solution Products including, but not limited to, the following categories:
a. Personal Computer Systems: National brand name desktop PCs, notebooks and laptops from Enterprise Tier and Middle Tier Contractors that are business related computers, manufactured by companies, such as, Apple, COMPAQ, Dell, Gateway, Hewlett Packard, IBM / Lenovo and Toshiba.
b. Standard Business Workstation: These will be used for typical tasks, which will include word processing, spreadsheet analysis, database management, business graphics, statistical analysis, internet, and other office automation activities. Product will include the operating system license, software media and documentation in the hardware shipment. c. High End Workstation: These will be used by application developers using GIS, CASE or other high-level language development tools, Computer Aided Design and Drafting professional, Internet Application developers or other sophisticated application work.

Product will include the operating system license, software media and documentation in the hardware shipment.
d. Laptop Computer or Notebook: These will be used by traveling or remote access users for typical office automation and business productivity use. With a port replicator or docking station, it may also be used as a standard desktop. Product will include the operating system license, software media and documentation in the hardware shipment. e. Network Equipment: This includes equipment primarily used for communications over an IP network. This includes layer 2 and layer 3 switches, routers, area wireless access points, point-to-point wireless access, optics, media interfaces (i.e. serial, T1, T3, OC3) and fiber channel. Class of equipment should include home office, small and medium business, and enterprise. Contractors may include, but not limited to, Cisco Systems, Dell, Juniper Networks, HP, Extreme Networks, Enterasys Networks, D-Link, Netgear, and Brocade Communications Systems.

EXHIBIT A

SCOPE OF WORK

f. Monitors: These will include plug and play compatible monitors that are manufactured for the above systems and/or any other brand that may be specifically called for by the ordering entity and which meet the most current UL and OSHA requirements. g. Computer and Network Products and Peripherals: Complete availability of major manufacturers Product lines on items such as, but not limited to RAM, graphic accelerator cards, network interface cards, cables, printers, scanners, keyboards, drives, memory cards, cables, batteries, etc.
h. Services:
i. Services means such as, consulting, technical support, trade-ins, repair, design, analysis, configuration, implementation, installation, training, and maintenance, etc. In addition, services which are related to the design, use or operation of the Products being purchased such as system configurations, testing, hardware/software installation, upgrades, imaging, etc. as described generally in this Agreement and as more particularly described in a Statement of Work or SOW (meaning a document in electronic or written form that is signed and delivered by each of the Parties for the performance of Services.
ii. Cloud Computing means third party cloud computing and storage services, where Contractor acts as a rebiller only and has no control over the delivery of the cloud computing and storage services. City acknowledges that the cloud service provider, and not Contractor, will be responsible for performance of the Cloud Services. Also, before Contractor can sell cloud computing and/or storage services from a third party to the City, City must execute an agreement governing said cloud computing and/or storage services with the third-party cloud services provider. i. Comprehensive Product Offering: Contractor’s catalog and Services set forth in Exhibit B shall be available. The City reserves the right to accept or reject any or all items offered. j. Financing: Options available such as lease programs and conditional sales contracts.

4. LICENSES. The City may be required to sign a separate agreement, rider or End User Licensing Agreement (“EULA”), or such other terms as required by manufacturers, software publisher, or cloud service provider.

5. DEFECTIVE PRODUCT. All defective Products shall be replaced and exchanged by the Contractor. The cost of transportation, re-shipping or other like expenses shall be paid by the Contractor and in the case of certain, special orders, other reasonable charges may be paid by the Contractor as defined in the order or as otherwise agreed to by the Parties. All replacement Products must be received by the City within seven (7) days of initial notification, when such products are in Contractor stock; if replacement Product is not in Contractor’s stock, Contractor will use commercially reasonable efforts to order the product within one (1) business day of the initial notification from the City and will ensure product is received within seven (7) days after Contractor’s receipt of the product.

EXHIBIT B

PRICING

Item
# Product Product / Group Discount Manufacturer Name
1) Group 1 - Systems
1) Desktops 2.10% All
2) Notebooks 2.10% All
3) Tablets 2.25% All
4) Servers
(1 Processor, 2 Processor, 4+
Processor, Blade, Tower, Unix,
Handhelds, etc.)

4.00% All
2) Group 2 - Input Devices
5) Keyboards 6.75% All
6) Mice 6.75% All
7) Imaging Scanners 3.00% All
8) POS Scanners 3.00% All
9) Pointing Devices 3.50% All
10) Bar Code Readers 4.25% All
11) Audio Input 15.00% All
12) Input Adapters 5.00% All
13) PC and Network Cameras 5.50% All
14) Input Cables 15.00% All
15) Input Accessories 6.75% All
3) Group 3 - Output Devices
16) Displays 3.50% All
17) Printers 3.00% All
18) Inkjet Printers 3.00% All
19) Inkjet Photo Printers 3.00% All
20) Laser Printers 3.00% All
21) Label Printers 4.25% All
22) Dot Matrix Printers 3.00% All
23) Multi-Function Printers 3.00% All
24) Wide Format Printers 3.00% All
25) Multi-Function Inkjet Printers 3.00% All
26) Wide Format Printers 3.00% All
27) Fax Machine Printers 3.00% All
28) Printer Accessories 3.00% All
29) Projectors 3.50% All
30) Projector Accessories 3.50% All
31) Audio Input 15.00% All
32) Video Cards 3.50% All

EXHIBIT B

PRICING

33) Sound Cards 3.50% All
34) Output Accessories 6.75% All
35) Printer Consumables 3.00% All
4) Group 4 - Memory
36) Desktop 13.00% All
37) Flash 5.50% All
38) Networking 13.00% All
39) Notebook 13.00% All
40) Printer / Fax 13.00% All
41) Server 13.00% All
5) Group 5 - Storage Devices
42) Adapters Fiber Channel 5.50% All
43) Adapters FireWire / USB 5.50% All
44) Adapters IDE/ATA/SATA 5.50% All
45) Adapters RAID 5.50% All
46) Adapters SCSI 5.50% All
47) Bridges & Routers 5.50% All
48) Disk Arrays 5.50% All
49) Disk Arrays JBOD 5.50% All
50) Drives Magneto-Optical 5.50% All
51) Drives Removable Disks 5.50% All
52) Fiber Channel Switches 5.50% All
53) Hard Disks - External 5.50% All
54) Hard Disks - Fiber Channel 5.50% All
55) Hard Disks - IDE/ATA/S 5.50% All
56) Hard Disks - Notebook 5.50% All
57) Hard Disks - SCSI 5.50% All
58) Networking Accessories 5.50% All
59) Optical Drives - CD-ROM 5.50% All
60) Optical Drives - CD-RW 5.50% All
61) Optical Drives - DVD-CD 5.50% All
62) Optical Drives - DVD-RW 5.50% All
63) Storage Accessories 5.00% All
64) Storage - NAS 5.00% All
65) Storage - SAN 5.00% All
66) Tape Autoloaders -AIT 5.00% All
67) Tape Autoloaders - DAT 5.00% All
68) Tape Autoloaders - DLT 5.00% All
69) Tape Autoloaders - LTO 5.00% All
70) Tape Drives - 4mm 5.00% All

EXHIBIT B

PRICING

71) Tape Drives - 8mm/VXA 5.00% All
72) Tape Drives - AIT 5.00% All
73) Tape Drives - DAT 5.00% All
74) Tape Drives - DLT 5.00% All
75) Tape Drives - LTO/Ultrium 5.00% All
76) Tape Drives SDLT 5.00% All
77) Tape Drives - Travan 5.00% All
6) Group 6 - Network
Equipment
78) 10/100 Hubs & Switches 5.50% All
79) Bridges & Routers 5.50% All
80) Gigabit Hubs & Switches 5.50% All
81) Concentrators & Multiplexers 5.50% All
82) Hardware Firewalls 5.50% All
83) Intrusion Detection 5.50% All
84) KVM 4.00% All
85) Modems 5.50% All
86) Network Test Equipment 5.50% All
87) Network Adapters 5.50% All
88) Network Cables 15.00% All
89) Network Accessories 5.50% All
90) Repeaters & Transceivers 5.50% All
91) Wireless LAN Accessories 5.50% All
92) Token Authentication 5.50% All
93) 10G Fiber Optic Transceivers 5.50% All
94) 1G Fiber Optic Transceivers 5.50% All
7) Group 7 - Software
95) Licensing Packages
(e.g. Microsoft)

4.00% All
96) Licensing Backup 4.00% All
97) Licensing Barcode/OC 4.00% All
98) Licensing Business Application 4.00% All
99) Licensing CAD/CAM 4.00% All
100) Licensing - Cloning 4.00% All
101) Licensing - Computer Services 4.00% All
102) Licensee - Database 4.00% All
103) Licensing - Development 4.00% All
104) Licensing - Entertainment 4.00% All
105) Licensing - Financial 4.00% All
106) Licensing - Flow Chart 4.00% All
107) Licensing - Graphic Design 4.00% All
108) Licensing - Handheld 4.00% All

EXHIBIT B

PRICING

109) Licensing - Network OS 4.00% All
110) Licensing - OS 4.00% All
111) Licensing - Personal Organization 4.00% All
112) Licensing - Presentation 4.00% All
113) Licensing - Reference 4.00% All
114) Licensing - Report Analysis 4.00% All
115) Licensing - Spreadsheet 4.00% All
116) Licensing - Utilities 4.00% All
117) Licensing - Warranties 4.00% All
118) Licensing - Web Development 4.00% All
119) Licensing - Word Processing 4.00% All
120) Software - Backup 4.00% All
121) Software - Barcode / OCR 4.00% All
122) Software - Business Application 4.00% All
123) Software - CAD/CAM 4.00% All
124) Software - Cloning 4.00% All
125) Software - Computer Services 4.00% All
126) Software - Database 4.00% All
127) Software - Development 4.00% All
128) Software - Entertainment 4.00% All
129) Software - Financial 4.00% All
130) Software - Flow Chart 4.00% All
131) Software - Graphic Design 4.00% All
132) Software - Handheld 4.00% All
133) Software - OS 4.00% All
134) Software - Personal Organization 4.00% All
135) Software - Presentation 4.00% All
136) Software - Reference 4.00% All
137) Software - Report Analysis 4.00% All
138) Software - Spreadsheet 4.00% All
139) Software - Utilities 4.00% All
140) Software - Warranties 4.00% All
141) Software - Web Development 4.00% All
142) Software - Word Processing 4.00% All
8) Group 8 - Media Supplies
143) Media - 4mm tape 5.50% All
144) Media - AIT tape 5.50% All
145) Media - DAT tape 5.50% All
146) Media - DLT tape 5.50% All

EXHIBIT B

PRICING

147) Media LTO / Ultrium tape drive 5.50% All
148) Media - Magneto - Optical 5.50% All
149) Media - Optical 5.50% All
150) Media - SLR tape 5.50% All
151) Media - Travan tape 5.50% All
152) Media - VXA tape 5.50% All
153) Media - zip 5.50% All
9) Group 9 - Collaboration &
IP Telephony
154) IP phones 4.25% All
155) Video conferencing products 4.25% All
156) Voice gateways / servers 4.25% All
157) Headsets 4.25% All
158) Audio conferencing products 4.25% All
159) Analog phones 4.25% All
160) Accessories 4.25% All
10) Group 10 - Other
161) Advanced Integration 3.00% All
162) Asset Disposal 3.00% All
163) Asset Management 3.00% All
164) Cables 15.00% All
165) Cables - custom 15.00% All
166) Cables - printer 15.00% All
167) Complex warranties 3.00% All
168) Desktop Accessories 6.75% All
169) Display Accessories 3.50% All
170) Electronic Services 3.00% All
171) Handheld Accessories 6.75% All
172) Imaging Accessories 6.75% All
173) Imaging - Camcorders 3.50% All
174) Imaging - Digital Cameras 3.50% All
175) Internal Lab Service 3.00% All
176) Lab fees 3.00% All
177) Managed Services 3.00% All
178) Miscellaneous solutions 3.00% All
179) Mounting hardware for vehicles 2.50% All
180) Networking Warranties 3.50% All
181) Notebook Accessories 2.50% All
182) Notebook Batteries 5.00% All
183) PC Lab order services 3.00% All
184) POS Accessories 4.25% All

EXHIBIT B

PRICING

185) POS Displays 4.25% All
186) Power Accessories 5.00% All
187) Power Surge Protection 5.00% All
188) Power UPS 5.00% All
189) Server Accessories 4.00% All
190) Service Charge 2.00% All
191) System Components 13.00% All
192) Training Courses 3.00% All
193) Training Reference Manuals 3.00% All
194) Warranties - Electronic 3.00% All
195) iPAD / Tablet Stylus 6.75% All
196) Mouse / Wrist Pads 6.75% All
197) Security Locks and Hardware 6.75% All
198) Tools 6.75% All
199) Document Scanner Accessories 3.00% All
200) Flatbed Scanners 3.00% All
201) Mobile Scanners 3.00% All
202) Network Scanners 3.00% All
203) Sheet fed Scanners 3.00% All
204) Wide Format Scanners 3.00% All
205) Workgroup / Department
Scanner

3.00% All
206) Build to Order Desktops 2.10% All
207) Nettop 3.00% All
208) Point of Sale 4.25% All
209) Ultra Small Form Factor 2.10% All
210) Apple / Mac Memory Upgrades 13.00% All
211) Chips / SIMMs/SIPPs / ROMs 13.00% All
212) Computer Cases 13.00% All
213) CPUs / Fans 13.00% All
214) Memory Accessories 13.00% All
215) Motherboards / Chassis 13.00% All
216) 1 - 2 port Serial Boards 13.00% All
217) 3+ port Serial Boards 13.00% All
218) Console Server 4.00% All
219) Device Server 4.00% All
220) Terminal Server 4.00% All
221) Content Management 4.00% All
222) Firewall / VPN Appliances 5.50% All

EXHIBIT B

PRICING

223) Multifunction Security
Appliances

5.50% All
224) Network Camera Accessories 5.50% All
225) Network Cameras 5.50% All
226) Physical/Environmental Security 5.50% All
227) Security Appliance Accessories 5.50% All
228) Security Tokens 5.50% All
229) Unified Threat Management 5.50% All
230) 2-way Radios / Walkie Talkies 6.75% All
231) Apple Notebooks 2.50% All
232) Convertible PCs / Slate PCs /
iPAD

2.25% All
233) iPAD 2.25% All
234) Slate Tablet Computers 2.25% All
235) GPS / PDA 6.75% All
236) Wireless Communication Devices 2.50% All
237) Batteries 5.00% All
238) Power Supplies / Adapters 5.00% All
239) Rackmountain Equipment 5.00% All
240) Remote Power Management 5.00% All
241) Surge Suppressors 5.00% All
242) UPS / Battery Backup 5.00% All
243) 14" & smaller LCD Display 3.50% All
244) 15-19" LCD Display 3.50% All
245) 15-19" Wide LCD Display 3.50% All
246) 15-19" Wide LED Display 3.50% All
247) 20-30" LCD Display 3.50% All
248) 20-30" Wide LCD Display 3.50% All
249) 20-30" Wide LED Display 3.50% All
250) PCoIP and Zero Client Displays 3.50% All
251) Arm Mounts 3.50% All
252) Ceiling Mounts 3.50% All
253) Combo Mounts 3.50% All
254) Desktop Stands / Risers 3.50% All
255) Flat Wall Mounts 3.50% All
256) Mount Accessories 3.50% All
257) Pole Display 4.25% All
258) Stands / Carts / Feet 3.50% All
259) Tilt Wall Mounts 3.50% All

EXHIBIT B

PRICING

260) C-Cure Products 4.00% All
261) Istar Products 5.50% All
11) Group 11 - Services

SERVICE

STANDARD
HOURLY
RATE

DISCOUNT FROM

STANDARD RATE
Design and Analysis
Please see
CDW•G's
Professional
Services
Offering below
for descriptions
of CDW•G's
Professional
Services.

Configuration %
Implementation %
Installation %
Training %
Maintenance & Support %
CDW Configuration Services 5%
12)
Group 12 - Additional
Products/Services Not
Identified
Please see CDW•G's Configuration
Services Pricelist below for descriptions
and pricing of CDW•G's Configuration
Services.

Apple Products for eligible
Government and Educational Entities

0.50%
CDW•G has conformed to the National Pricing structure aligning to National IPA's product taxonomy, however, CDW•G will manage the resultant contract according to CDW•G's Product Tree below, which shall govern all purchases and provides more breadth and a more complete representation of the CDW•G Catalog. All discounts will be applied by product category listed below to CDW•G's Nationally Advertised Pricing which is publicly verifiable at www.cdwg.com.

CDW•G Product Tree
Categories
Discount
Accessories 6.75%
Power, Cooling & Racks 5.00%
Desktop Computers 3.00%
PC Compatible Desktop Computer 2.10%
PC Compatible Workstation 3.00%
Blade PCs 3.00%
RISC Processor Workstation 3.00%
Thin Clients 3.00%
Web TV Access Unit 3.00%

EXHIBIT B

PRICING

Windows Based Terminals 3.00%
Data Storage / Drives 5.50%
Enterprise Storage 5.00%
Point of Sale/Data Capture 4.25%
Servers & Server Management 4.00%
Services (CDW Delivered) 0.00%
Notebook/Mobile Devices 2.50%
Notebook Computers 2.10%
Notebook Accessories 2.50%
Wireless Communication Devices 2.50%
Convertible PCs/Slate PCs/iPAD 2.25%
Chromebooks 0.00%
Netcomm Products 5.50%
Gigabit Switch 6.00%
Modular Switch Chassis 6.00%
Modular Switches 5.50%
Carts and Furniture 5.00%
Printing & Document Scanning 3.00%
Services (3rd Party Delivered) 0.00%
Warranties-Product Protection 3.50%
Software 4.00%
Collaboration Hardware 4.25%
Memory/System Components 13.00%
Video-Projection-Pro Audio 3.50%
Cables 15.00%
CDW Configuration Services 5.00%
Apple Products for Eligible Entities .50%
CDW•G will work with Manufacturers and the City or Participating Agencies, as applicable, post award to ensure they are aware of and participating in special manufacturer programs.

CDW•G Account Managers will work with the City or Participating Agencies, as applicable, post award to determine if large orders qualify to receive additional discounts. These discounts are dependent on order size, delivery schedule and will be negotiated with Manufacturers.

As Apple's largest Corporate Channel Partner in the U.S., CDW•G has negotiated to offer Apple Products to Eligible Government and Educational Entities at the discount listed above and in the pricing table in this Exhibit B.

EXHIBIT B

PRICING

CDW•G Professional Services Offering
Major Metro Service Areas
Washington, DC Raleigh Madison
New York City
Metro
Houston Wausau
Los Angeles Tampa Milwaukee
San Francisco Atlanta Appleton
San Diego National Grand Rapids
Boston Metro Dallas Indianapolis
Chicago Cincinnati Cleveland
Federal Detroit
Philadelphia Minneapolis
Seattle St. Louis/KC
Denver
Nashville
Portland
Services apply to both CDW•G executed professional services and services which are sub-contracted through a CDW•G authorized third party provider. Hourly or fixed rates will be negotiated based on the customer, geography, scope of the professional service engagement, and level of engineer required to perform the service. CDW•G will create a Statement of Work (SOW) detailing the exact scoping and pricing of the Services to be provided, which will be executed by CDW•G and the National IPA member prior to the start of Services. Sample SOW is included in our proposal. Expenses (T and E) may be an additional consideration depending on project specifics.

Solution Domain Discipline Technology Domain Role
Datacenter Storage
Data Migration Senior Consulting Engineer
EMC Senior Consulting Engineer
IBM Senior Consulting Engineer
VMWare Senior Consulting Engineer
NetApp Senior Consulting Engineer
Datacenter Networking & Enterprise Networking Infrastructure & Networking
Associate Consulting Engineer
Consulting Engineer
Senior Consulting Engineer
Principal Consulting Engineer
Technical Lead
Mobility
Client Management
Client Virtualization
Endpoint Management
Mobile Device
Management
Associate Consulting Engineer
Consulting Engineer
Senior Consulting Engineer
Principal Consulting Engineer
Technical Lead
VDI Citrix Senior Consulting Engineer
Security Network Security Network Security
Associate Consulting Engineer
Consulting Engineer
Senior Consulting Engineer
Principal Consulting Engineer
Technical Lead

EXHIBIT B

PRICING

Security Information Security Information Security
Penetration Testing
Gap Analysis (HIPAA gap, PCI Gap,
NIST)
Collaboration Communication Voice, Video
Collaboration
Associate Consulting Engineer
Consulting Engineer
Senior Consulting Engineer
Principal Consulting Engineer
Technical Lead
Collaboration Engagement Contact Center
Associate Consulting Engineer
Consulting Engineer
Senior Consulting Engineer
Principal Consulting Engineer
Technical Lead
Collaboration Productivity Information Worker
Associate Consulting Engineer
Consulting Engineer
Senior Consulting Engineer
Principal Consulting Engineer
Technical Lead
Consulting Advisory Services Consulting Advisory Services Consulting Advisory Services
CAS_Business_Analyst
CAS_Consulting_Services_Architect
CAS_Engagement_Manager
CAS_Technology_Architect
CAS_Business_Architect
Project & Program
Management Project & Program Management Project & Program Management Project Admin
Project Manager
Senior Project Manager
Program Manager
CDW•G Configuration Services
Service
Group EDC Description Advertised
Price
Contract
Discount
Contract
Ceiling
Price
Hardware Configurations and Priority Service
Priority 1625768 PRIORITY SERVICE $ 21.99 5% $ 20.89
Hardware 1706188 CDW Hardware Install for Server $ 32.99 5% $ 31.34 Hardware 1706189 CDW Hardware Install for DT-LT $ 17.99 5% $ 17.09 Hardware 1820627 CDW Hardware Install for Netcom $ 22.99 5% $ 21.84 Hardware 3558560 CDW MOBILE DEVICE SIM CARD INSTALL $ 9.99 5% $ 9.49 Hardware 2437037 CDW RACK CONFIG 1 CREDIT $ 82.99 5% $ 78.84 Hardware 3803338 CDW HARDWARE INSTALL FOR PRINTER $ 32.99 5% $ 31.34 Asset Tagging
Asset Tags 322170 CDW ASSET TAGS NO INSTALL MAIL ONLY $ 0.98 5% $ 0.93 Asset Tags 338519 CDW ASSET TAG W/O INSTALL $ 9.99 5% $ 9.49 Asset Tags 338521 CUSTOMER ASSET TAG CONFIG SERVICE $ 9.99 5% $ 9.49 Asset Tags 500814 CDW CREATE CUSTOM TAG/LABEL $ 29.99 5% $ 28.49 Asset Tags 500815 BASIC CUSTOM TAG $ 9.99 5% $ 9.49
Asset Tags 500817 INTERMEDIATE CUSTOM TAG $ 17.99 5% $ 17.09

EXHIBIT B

PRICING

Asset Tags 500818 ADVANCED CUSTOM TAG $ 22.99 5% $ 21.84 Asset Tags 537315 CDW CREATED CUSTOM TAG – MAIL ONLY $ 1.22 5% $ 1.16 Asset Tags 955862 CDWG UID TAG/LABEL $ 9.99 5% $ 9.49
Asset Tags 1095109 CDW RFID TAG $ 61.99 5% $ 58.89
Asset Tags 3465262 BASIC CUSTOM TAG W/BOX DUP TAG $ 10.99 5% $ 10.44 Asset Tags 3465269 CUSTOMER ASSET TAG W/BOX DUP REQ6330 $ 10.99 5% $ 10.44 Asset Tags 4347185 CUSTOMER ASSET TAG W BOX DUP REQ6247 $ 12.99 5% $ 12.34 Asset Tags 3465895 INTERMEDIATE CUSTM TAG W-BOX DUP TAG $ 21.99 5% $ 20.89 Asset Tags 3982815 ADV CUSTOM TAG W/BOX DUP $ 24.99 5% $ 23.74 Configuration Service Bundles
Bundle 2342089 CDW HW IMAGE CDW ASSET TAG-REQ1173 $ 45.99 5% $ 43.69 Bundle 2342092 CDW HW IMAGE BASIC CUSTM TAG-REQ1174 $ 52.99 5% $ 50.34 Bundle 2342096 CDW HW IMAG CUSTMR ASSET TAG-REQ1175 $ 52.99 5% $ 50.34 Bundle 2342098 CDW IMAG CSTMR ASSET TAG PRI-REQ1176 $ 46.99 5% $ 44.64 Bundle 2342102 CDW IMAGE CDW ASSET TAG PRI-REQ1177 $ 39.99 5% $ 37.99 Bundle 2342106 CDW HW IMAGE PRIORITY-REQ1178 $ 53.99 5% $ 51.29 Bundle 2423730 CDW HW IMAGE CDW ASSET PRI-REQ1193 $ 53.99 5% $ 51.29 Bundle 2423732 CDW HW IMG BSC CSTM TAG PRI-REQ1194 $ 59.99 5% $ 56.99 Bundle 2423734 CDW HW IMAG CUSTMR ASSET PRI-REQ1195 $ 59.99 5% $ 56.99 Bundle 2426793 CDW IMAGE CUSTMER ASSET TAG-REQ1197 $ 39.99 5% $ 37.99 Bundle 2426795 CDW IMAGE CDW ASSET TAG-REQ1198 $ 32.99 5% $ 31.34 Bundle 2426798 CDW HARDWARE IMAGE DEPLOY-REQ1199 $ 45.99 5% $ 43.69 Bundle 2853723 CDW IMAGE BASIC CUSTOM TAG-REQ1324 $ 39.99 5% $ 37.99 Bundle 2853726 CDW IMAGE BIOS CUSTOMIZATION-REQ1325 $ 39.99 5% $ 37.99 Bundle 3269810 CDW HW IMG INTRM TAG CMPTRAC REQ1901 $ 63.99 5% $ 60.79 Bundle 3327808 CDW LIGHT TOUCH IMAGE DEPLOY W-VPN $ 42.99 5% $ 40.84 Bundle 4008018 LEVEL 1 IOS\ETCH INSERT REQ 5075 $ 39.99 5% $ 37.99 Bundle 4008025 LEVEL 1 IOS\ETCH REQ 5076 $ 33.99 5% $ 32.29 Bundle 4041681 IOS LVL1 & SRVC CUST INSERT REQ5156 $ 28.99 5% $ 27.54 Bundle 4056755 INT CUST TAG&DUP + DATA CAP CONTRACT $ 21.99 5% $ 20.89 Bundle 4086733 CDW LT IMAGE DEPLOY W/VPN&BOX LABEL $ 44.99 5% $ 42.74 Bundle 4171085 COI SPECOPS & PROJECTMANGEMENT R5611 $ 569.99 5% $ 541.49 Diagnostics
Diagnostics 214266 CDW BURN IN 12 HOURS $ 21.99 5% $ 20.89 Imaging
Imaging 195856 CDW INSTALLING CUSTOM SERVER IMAGE $ 113.99 5% $ 108.29 Imaging 247489 HILL ROM CREATE CUSTOM RESTORE CD $ 49.99 5% $ 47.49 Imaging 266912 CDW APPLE IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 283926 CDW MASTER IMAGE CREATION CREDIT $ 183.99 5% $ 174.79 Imaging 379370 CDW INSTALLING CUSTOM PDA IMAGE $ 17.99 5% $ 17.09 Imaging 534223 CDW STANDARD IMAGE DEPLOYMENT DT/NB $ 32.99 5% $ 31.34 Imaging 763587 FLASH DRIVE IMAGING $ 9.99 5% $ 9.49
Imaging 763593 CDW USB RESTORE UPTO 16GB $ 39.99 5% $ 37.99 Imaging 809048 CDW MAINTAIN CUSTOM PC IMAGE-CREDIT $ 31.99 5% $ 30.39 Imaging 1640342 CDW INSTALLING ALTIRIS SERVER IMAGE $ 113.99 5% $ 108.29 Imaging 1926223 CDW TERMINAL IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 2691836 CDW ZERO TOUCH IMAGE DEPLOYMENT $ 32.99 5% $ 31.34 Imaging 2798606 CDW IMAGE MODEL MIGRATION CREDIT $ 113.99 5% $ 108.29

EXHIBIT B

PRICING

Imaging 2869570 CDW USB RESTORE UPTO 32GB $ 52.99 5% $ 50.34 Imaging 3652393 CDW CREATE CUSTOM RECOVERY PARTITION $ 353.99 5% $ 336.29 Imaging 3765107 SERVER RACKING ADV IMAGING SVC $ 219.99 5% $ 208.99 Imaging 3982809 CDW USB RESTORE SVC UPTO 64GB $ 63.99 5% $ 60.79 Imaging 4008336 CHROME WHITE GLOVE SERVICE TIER1 $ 22.93 5% $ 21.78 Imaging 4008354 CHROME WHITE GLOVE SERVICE TIER2 $ 24.93 5% $ 23.68 Imaging 4419882 CHROME UNMANAGED KIOSK APP INSTALL $ 28.92 5% $ 27.47 Imaging 4086723 CDW IMAGE DEPLOY W BOX LABEL REQ6281 $ 33.99 5% $ 32.29 Imaging 4086738 CDW SCCM SRV-ZERO TOUCH W/BOX LABEL $ 33.99 5% $ 32.29 Laser Etching / Color Branding
Laser Etching 1461344 CDW LASER ETCHING-TIER 1 STATIC SML $ 11.00 5% $ 10.45 Laser Etching 2815190 CDW LASER ETCHING-TIER 2 STATIC LRG $ 15.00 5% $ 14.25 Laser Etching 2815191 CDW LASER ETCHING-TIER 3 DYNAMIC $ 22.00 5% $ 20.90 Color Branding 3223260 CDW COLOR BRANDING TEMPLATE $ - 5% $ - Color Branding 4100630 CDW COLOR BRANDING TIER 1 $ 15.00 5% $ 14.25 Color Branding 3223250 CDW COLOR BRANDING TIER 2 $ 22.00 5% $ 20.90 Color Branding 3436605 CDW COLOR BRANDING TIER 3 $ 30.00 5% $ 28.50 Mobile Carts
Mobile Carts 4466480 CDW CHROMEBOOK WIRE CART CONFIG $ 120.00 5% $ 114.00 Netcom
Netcom 311718 CDW NETWORK & SECURITY DEVICE CONFIG $ 40.00 5% $ 38.00 Netcom 1550455 CDW NETWORK & SEC CHASSIS CONFIG BUN $ 100.00 5% $ 95.00 Netcom 1550460 CDW NETWORK & SEC DEVICE CONFIG BUN $ 65.00 5% $ 61.75 Netcom 2394839 CDW NETWORK & SEC CHASSIS CONFIG $ 70.00 5% $ 66.50 Netcom 2432019 CDW VPN DOMAIN JOIN ONLY $ 8.00 5% $ 7.60 Netcom 3628500 CDW VPN DOMAIN JOIN ONLY-PCA $ 8.00 5% $ 7.60 Netcom 3651585 CDW AP/ENDPOINT PROVISIONING $ 30.00 5% $ 28.50 Netcom 4121801 CDW AP/ENDPOINT FIRMWARE UPDATE $ 16.00 5% $ 15.20 Netcom 4219966 CDW CLIENT VPN CONFIGURATION $ 12.00 5% $ 11.40 Other
Other 504311 CDW HP ILO ACTIVATION $ 12.00 5% $ 11.40
Other 872360 CDW SYSTEM BIOS/FIRMWARE UPG $ 16.00 5% $ 15.20 Other 1197175 CDW CUSTOM IP CONFIGURATION $ 12.00 5% $ 11.40 Other 1197180 CDW BIOS CUSTOMIZATION $ 5.00 5% $ 4.75
Other 1369901 CDW SRVC CUSTOM ADDED INSERTS $ 5.00 5% $ 4.75 Other 1369904 CDW DDS / COMPUTRACE ACTIVATION $ 5.00 5% $ 4.75 Other 1369905 CDW DATA CAPTURE & TRACKING SRVC $ 5.00 5% $ 4.75 Other 1713539 CDW SPECIAL CONFIG REQ - 1 CREDIT $ 5.00 5% $ 4.75 Other 1713542 CDW SPECIAL CONFIG REQ - 6 CREDITS $ 30.00 5% $ 28.50 Other 1713544 CDW SPECIAL CONFIG REQ - 12 CREDITS $ 60.00 5% $ 57.00 Other 2366694 CDW APPLE IOS CUSTOMIZATION LVL 1 $ 15.00 5% $ 14.25 Other 2366709 CDW APPLE IOS CUSTOMIZATION LVL 2 $ 30.00 5% $ 28.50 Other 2613286 CDW ANDROID CUSTOMIZATION LVL 1 $15.00 5% $ 14.25 Other 2613287 CDW ANDROID CUSTOMIZATION LVL 2 $ 30.00 5% $ 28.50 Other 2671476 CDW SCREEN OVERLAY INSTALL SERVICE $ 8.00 5% $ 7.60 Other 2696504 CDW Hard Drive Data Encryption DT/NB $ 12.00 5% $ 11.40 Other 2828923 CDW SAS RAID Activation $ 12.00 5% $ 11.40 Other 2858009 CDW KINDLE AD REMOVAL REQ1329 $ 30.00 5% $ 28.50

EXHIBIT B

PRICING

Other 3553290 CDW APPLE ID CREATION $ 5.00 5% $ 4.75
Other 3899153 CDW VPRO BASIC ACTIVATION REQ4717 $ 5.00 5% $ 4.75 Other 4248044 CDW LENOVO IMM ACTIVATION $ 12.00 5% $ 11.40 Other 4176320 CDW ASSET MGMNT UPDATE SVC REQ 5634 $ 1.25 5% $ 1.19 Software
Software 76056 CDW APPLICATION INSTALL DT/NB $ 36.00 5% $ 34.20 Software 76980 CDW NETWORK OPERATING SYSTEM INSTALL $ 200.00 5% $ 190.00 Software 346243 CDW STD WINDOWS CLIENT OS INSTALL $ 90.00 5% $ 85.50 Software 931000 CDW NETWORK APPLICATION INSTALL $ 100.00 5% $ 95.00 Software 1197183

CDW APPLICATION UPDATES AND
MAINTENANCE $ 22.00 5% $ 20.90
Software 1278296 CDW OEM MFG OS INSTALLATION $ 90.00 5% $ 85.50 Software 1291101 CDW LINUX INSTALLATION OS-ALL VERS $ 120.00 5% $ 114.00 Software 1550439 SUN SOLARIS INSTALLATION – ALL VERSIONS $ 200.00 5% $ 190.00 Software 1550447 VMWARE INSTALLATION – ALL VERSIONS $ 70.00 5% $ 66.50 Software 3803347 CDW SOFTWARE CONFIG FOR PRINTER $ 24.00 5% $ 22.80 Software 3982800 CDW HDD OS SWAP SVC REQ5012 $ 36.00 5% $ 34.20 Configuration Project Management / COI
Proj. Mgmt 3110955 CDW CONFIG PROJECT COORD HRLY CREDIT $ 75.00 5% $ 71.25 Proj. Mgmt 4289890 CDW CONFIG PM 150 HRLY CHARGE $ 150.00 5% $ 142.50 Proj. Mgmt 3536706 CDW COI PROJ COORD /OPS COST $ 5,000.00 5% $ 4,750.00 Proj. Mgmt 3543509 CDW CONFIG PROJECT COORD CREDIT/UNIT $ 5.00 5% $ 4.75 Proj. Mgmt 3752290 CDW PROJ MNGMNT CONFIG AP SVC $ 7.00 5% $ 6.65 Proj. Mgmt 4086747 CONFIGS SERVICES PROJ MGMT(PER UNIT) $ 1.00 5% $ 0.95 Proj. Mgmt 4087191 CONFIGS SERVICES PROJ MGMT(PER UNIT) $ 0.50 5% $ 0.48 COI 3268855 CDW CONFIG PROJECT COORD COI SVC $300.00 5% $ 285.00 COI 3561536 COI OPS PALLET RECEIVING/PROCESSING $ 480.00 5% $ 456.00 COI 4439488 COI OPS PALLET/MONTH REC/PRO $ 40.00 5% $ 38.00 COI 3659769 CDW COI OPERATIONAL EXPENSE WITH SN $ 10.00 5% $ 9.50 COI 3827583 COI TEMP TAG NO INSTALL E-MAIL $ 10.00 5% $ 9.50

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MESA STANDARD TERMS AND CONDITIONS

1. INDEPENDENT CONTRACTOR. It is expressly understood that the relationship of Contractor to the City will be that of an independent contractor. Contractor and all persons employed by Contractor, either directly or indirectly, are Contractor’s employees, not City employees.

Accordingly, Contractor and Contractor’s employees are not entitled to any benefits provided to City employees including, but not limited to, health benefits, enrollment in a retirement system, paid time off or other rights afforded City employees. Contractor employees will not be regarded as City employees or agents for any purpose, including the payment of unemployment or workers’ compensation. If any Contractor employees or subcontractors assert a claim for wages or other employment benefits against the City, Contractor will defend, indemnify and hold harmless the City from all such claims.

2. SUBCONTRACTING. Contractor may not subcontract work under this Agreement without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the Agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of this Agreement be incorporated therein.

3. ASSIGNMENT. This Agreement may not be assigned either in whole or in part without first receiving the City’s written consent. Any attempted assignment, either in whole or in part, without such consent will be null and void and in such event the City will have the right at its option to terminate the Agreement. No granting of consent to any assignment will relieve Contractor from any of its obligations and liabilities under the Agreement.

4. SUCCESSORS AND ASSIGNS, BINDING EFFECT. This Agreement will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

5. NO THIRD-PARTY BENEFICIARIES. This Agreement is intended for the exclusive benefit of the parties. Nothing set forth in this Agreement is intended to create, or will create, any benefits, rights, or responsibilities in any third parties.

6. NON-EXCLUSIVITY. The City, in its sole discretion, reserves the right to request the materials or services set forth herein from other sources when deemed necessary and appropriate. No exclusive rights are encompassed through this Agreement.

7. AMENDMENTS. There will be no oral changes to this Agreement. This Agreement can only be modified in a writing signed by both parties. No charge for extra work or material will be allowed unless approved in writing, in advance, by the City and Contractor.

8. TIME OF THE ESSENCE. Time is of the essence to the performance of the parties’ obligations under this Agreement.

9. COMPLIANCE WITH APPLICABLE LAWS.
a. General. Contractor must procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of business. Contractor must stay fully informed of existing and future federal, state, and local laws, ordinances, and regulations that in any manner affect the fulfillment of this Agreement and must comply with the same at its own expense. Contractor bears full responsibility for training, safety, and providing necessary equipment for all Contractor personnel to achieve throughout the term of the Agreement. Upon request, Contractor will demonstrate to the City's satisfaction any programs, procedures, and other activities used to ensure compliance.
b. Drug-Free Workplace. Contractor is hereby advised that the City has adopted a policy establishing a drug-free workplace for itself and those doing business with the City to ensure the safety and health of all persons working on City contracts and projects. Contractor will require a drug-free workplace for all Contractor personnel working under this Agreement.

Specifically, all Contractor personnel who are working under this Agreement must be notified in writing by Contractor that they are prohibited from the manufacture, distribution, dispensation, possession, or unlawful use of a controlled substance in the workplace.

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Contractor agrees to prohibit the use of intoxicating substances by all Contractor personnel, and will ensure that Contractor personnel do not use or possess illegal drugs while in the course of performing their duties.
c. Federal and State Immigration Laws. Contractor agrees to comply with the Immigration Reform and Control Act of 1986 (IRCA) in performance under this Agreement and to permit the City and its agents to inspect applicable personnel records to verify such compliance as permitted by law. Contractor will ensure and keep appropriate records to demonstrate that all Contractor personnel have a legal right to live and work in the United States. i. As applicable to Contractor, under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that Contractor and each of its subcontractors will comply with, and are contractually obligated to comply with, all federal immigration laws and regulations that relate to their employees and A.R.S. § 23-214(A) (hereinafter “Contractor Immigration Warranty”).
ii. A breach of the Contractor Immigration Warranty will constitute as a material breach of this Agreement and will subject Contractor to penalties up to and including termination of this Agreement at the sole discretion of the City.
iii. The City retains the legal right to inspect the papers of all Contractor personnel who provide services under this Agreement to ensure that Contractor or its subcontractors are complying with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections.
iv. The City may, at its sole discretion, conduct random verification of the employment records of Contractor and any subcontractor to ensure compliance with the Contractor Immigration Warranty. Contractor agrees to assist the City in regard to any random verification performed.
v. Neither Contractor nor any subcontractor will be deemed to have materially breached the Contractor Immigration Warranty if Contractor or subcontractor establishes that it has complied with the employment verification provisions prescribed by Sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. § 23-214 (A).
d. Nondiscrimination. Contractor represents and warrants that it does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and represents and warrants that it complies with all applicable federal, state, and local laws and executive orders regarding employment. Contractor and Contractor’s personnel will comply with applicable provisions of Title VII of the U.S. Civil Rights Act of 1964, as amended, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and applicable rules in performance under this Agreement.
e. State Sponsors of Terrorism Prohibition. Per A.R.S. § 35-392, Contractor must not be in violation of section 6(j) of the Federal Export Administration Act and subsequently prohibited by the State of Arizona from selling goods of services to the City.

10. SALES/USE TAX, OTHER TAXES.
a. Contractor is responsible for the payment of all taxes including federal, state, and local taxes related to or arising out of Contractor’s services under this Agreement, including by way of illustration but not limitation, federal and state income tax, Social Security tax, unemployment insurance taxes, and any other taxes or business license fees as required. If any taxing authority should deem Contractor or Contractor employees an employee of the City, or should otherwise claim the City is liable for the payment of taxes that are Contractor’s responsibility under this Agreement, Contractor will indemnify the City for any tax liability, interest, and penalties imposed upon the City.

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b. The City is exempt from paying certain federal excise taxes and will furnish an exemption certificate upon request. The City is not exempt from state and local sales/use taxes.

11. AMOUNTS DUE THE CITY. Contractor must be current and remain current in all obligations due to the City during the performance of Services under the Agreement. Payments to Contractor may be offset by any delinquent amounts due the City or fees and charges owed to the City.

12. PUBLIC RECORDS. Contractor acknowledges that the City is a public entity, subject to Arizona’s public records laws (A.R.S. § 39-121 et. seq.) and that any documents related to this Agreement may be subject to disclosure pursuant to state law in response to a public records request or to subpoena or other judicial process.
a. If Contractor believes document related to the Agreement contains trade secrets or other proprietary data, Contractor must notify the City and include with the notification a statement that explains and supports Contractor’s claim. Contractor also must specifically identify the trade secrets or other proprietary data that Contractor believes should remain confidential. b. In the event the City determines it is legally required to disclose pursuant to law any documents or information Contractor deems confidential trade secrets or proprietary data, the City, to the extent possible, will provide Contractor with prompt written notice by certified mail, fax, email or other method that tracks delivery status of the requirement to disclose the information so Contractor may seek a protective order from a court having jurisdiction over the matter or obtain other appropriate remedies. The notice will include a time period for Contractor to seek court ordered protection or other legal remedies as deemed appropriate by Contractor. If Contractor does not obtain such court ordered protection by the expiration of said time period, the City may release the information without further notice to Contractor.

13. AUDITS AND RECORDS. Contractor must preserve the records related to this Agreement for six (6) years after completion of the Agreement. The City or its authorized agent reserves the right to inspect any records related to the performance of work specified herein. In addition, the City may inspect any and all payroll, billing or other relevant records kept by Contractor in relation to the Agreement. Contractor will permit such inspections and audits during normal business hours and upon reasonable notice by the City. The audit of records may occur at Contractor’s place of business or at City offices, as determined by the City. Notwithstanding the foregoing, any Agreement audits must be pursuant to a signed Confidentiality Agreement agreed to by both parties which will be subject to applicable law, including the Arizona Public Records law. Contractor is not required to keep original documents and copies of relevant documents will suffice for the purposes of this provision. The audit must be conducted during regular business hours at a mutually agreeable time and location, and upon reasonable advanced notice of records to be audited.

14. BACKGROUND CHECK. The City may conduct criminal, driver history, and all other requested background checks of Contractor personnel who would perform services under the Agreement or who will have access to the City’s information, data, or facilities in accordance with the City’s current background check policies. Any officer, employee, or agent that fails the background check must be replaced immediately for any reasonable cause not prohibited by law.

15. SECURITY CLEARANCE AND REMOVAL OF CONTRACTOR PERSONNEL. The City will have final authority, based on security reasons: (i) to determine when security clearance of Contractor personnel is required; (ii) to determine the nature of the security clearance, up to and including fingerprinting Contractor personnel; and (iii) to determine whether or not any individual or entity may provide services under this Agreement. If the City objects to any Contractor personnel for any reasonable cause not prohibited by law, then Contractor will, upon notice from the City, remove any such individual from performance of services under this Agreement.

16. DEFAULT.
a. A party will be in default if that party:

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i. Is or becomes insolvent or is a party to any voluntary bankruptcy or receivership proceeding, makes an assignment for a creditor, or there is any similar action that affects Contractor’s capability to perform under the Agreement; ii. Is the subject of a petition for involuntary bankruptcy not removed within sixty (60) calendar days;
iii. Conducts business in an unethical manner as set forth in the City Procurement Rules Article 7 or in an illegal manner; or
iv. Fails to carry out any term, promise, or condition of the Agreement. b. Contractor will be in default of this Agreement if Contractor is debarred from participating in City procurements and solicitations in accordance with Article 6 of the City’s Procurement Rules.
c. Notice and Opportunity to Cure. In the event a party is in default then the other party may, at its option and at any time, provide written notice to the defaulting party of the default. The defaulting party will have thirty (30) days from receipt of the notice to cure the default; the thirty (30) day cure period may be extended by mutual agreement of the parties, but no cure period may exceed ninety (90) days. A default notice will be deemed to be sufficient if it is reasonably calculated to provide notice of the nature and extent of such default. Failure of the nondefaulting party to provide notice of the default does not waive any rights under the Agreement. d. Anticipatory Repudiation. Whenever the City in good faith has reason to question Contractor’s intent or ability to perform, the City may demand that Contractor give a written assurance of its intent and ability to perform. In the event that the demand is made and no written assurance is given within five (5) calendar days, the City may treat this failure as an anticipatory repudiation of the Agreement.

17. REMEDIES. The remedies set forth in this Agreement are not exclusive. Election of one remedy will not preclude the use of other remedies. In the event of default:
a. The non-defaulting party may terminate the Agreement, and the termination will be effective immediately or at such other date as specified by the terminating party. b. The City may purchase the services required under the Agreement from the open market, complete required work itself, or have it completed at the expense of Contractor. If the cost of obtaining substitute services exceeds the contract price, the City may recover the excess cost by: (i) requiring immediate reimbursement to the City; (ii) deduction from an unpaid balance due to Contractor; (iii) collection against the proposal and/or performance security, if any; (iv) collection against liquidated damages (if applicable); or (v) a combination of the aforementioned remedies or other remedies as provided by law. Costs includes any and all, fees, and expenses incurred in obtaining substitute services and expended in obtaining reimbursement, including, but not limited to, administrative expenses, attorneys’ fees, and costs.
c. The non-defaulting party will have all other rights granted under this Agreement and all rights at law or in equity that may be available to it.
d. Neither party will be liable for incidental, special, or consequential damages.

18. CONTINUATION DURING DISPUTES. Contractor agrees that during any dispute between the parties, Contractor will continue to perform its obligations until the dispute is settled, instructed to cease performance by the City, enjoined or prohibited by judicial action, or otherwise required or obligated to cease performance by other provisions in this Agreement.

19. TERMINATION FOR CONVENIENCE. The City reserves the right to terminate this Agreement in part or in whole upon thirty (30) calendar days’ written notice.

20. TERMINATION FOR CONFLICT OF INTEREST (A.R.S. § 38-511). Pursuant to A.R.S. § 38-511, the City may cancel this Agreement within three (3) years after its execution, without penalty or

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further obligation, if any person significantly involved in initiating, securing, drafting, or creating the Agreement for the City becomes an employee or agent of Contractor.

21. TERMINATION FOR NON-APPROPRIATION AND MODIFICATION FOR BUDGETARY CONSTRAINT. The City is a governmental agency which relies upon the appropriation of funds by its governing body to satisfy its obligations. If the City reasonably determines that it does not have funds to meet its obligations under this Agreement, the City will have the right to terminate the Agreement without penalty on the last day of the fiscal period for which funds were legally available. In the event of such termination, the City agrees to provide written notice of its intent to terminate thirty (30) calendar days prior to the stated termination date.

22. PAYMENT TO CONTRACTOR UPON TERMINATION. Upon termination of this Agreement, Contractor will be entitled only to payment for those services performed up to the date of termination, and any authorized expenses already incurred up to such date of termination. The City will make final payment within thirty (30) calendar days after the City has both completed its appraisal of the materials and services provided and received Contractor’s properly prepared final invoice.

23. NON-WAIVER OF RIGHTS. There will be no waiver of any provision of this agreement unless approved in writing and signed by the waiving party. Failure or delay to exercise any rights or remedies provided herein or by law or in equity, or the acceptance of, or payment for, any services hereunder, will not release the other party of any of the warranties or other obligations of the Agreement and will not be deemed a waiver of any such rights or remedies.

24. INDEMNIFICATION/LIABILITY.
a. To the fullest extent permitted by law, Contractor agrees to defend, indemnify, and hold the City, its officers, agents, and employees, harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys’, witnesses’, and expert witnesses’ fees, and expenses incident thereto, relating to, arising out of, or resulting from: (i) misconduct by Contractor personnel under this Agreement; (ii) any negligent acts, errors, mistakes or omissions by Contractor or Contractor personnel; and (iii) Contractor or Contractor personnel’s failure to comply with this Agreement. However, notwithstanding the prior sentence, any claim shall not be an indemnified claim if such claim or damage was caused in whole by the actions of the City, its employees, agents, contractors or representatives.
b. Contractor will update the City during the course of the litigation to timely notify the City of any issues that may involve the independent negligence of the City that is not covered by this indemnification.
c. The City assumes no liability for actions of Contractor and will not indemnify or hold Contractor or any third party harmless for claims based on this Agreement or use of Contractor-provided supplies or Services.
d. IN THE EVENT OF ANY LIABILITY INCURRED BY CONTRACTOR OR ANY OF ITS

AFFILIATES HEREUNDER, INCLUDING INDEMNIFICATION OF CITY BY CONTRACTOR,

THE ENTIRE LIABILITY OF CONTRACTOR AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED $5,000,000.00 OVER THE ENTIRE TERM OF THE AGREEMENT.

25. WARRANTY. Contractor warrants that the services and materials will conform to the requirements of Exhibit A. Additionally, Contractor warrants that all services will be performed in a good, workman-like and professional manner, as stated below.
a. Manufacturer’s Warranty. The City understands that the Contractor is not the manufacturer of the products purchased by the City hereunder and the only materials (product) warranties offered are those of the manufacturer, not the Contractor or its affiliates unless the manufacturer is the Contractor or its affiliates. THE CONTRACTOR AND ITS AFFILIATES

HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,

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RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF

TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,

WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY.
b. Services Warranty. City's sole and exclusive remedy with respect to a warranty on the Services provided by Contractor will be, at the sole option of Contractor, to either: (a) use its reasonable commercial efforts to reperform any services not in substantial compliance with this warranty, or (b) refund amounts paid by City related to the portion of the services not in substantial compliance; provided, in each case, City notifies Contractor in writing within five (5) business days after performance of the applicable Services. City shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption during the performance of services and for any necessary reconstruction thereof. c. Third Party Services Warranty. In connection with the products (materials), certain services, such as extended warranty service by manufacturers, are sold by the Contractor as a distributor or sales agent ("Third Party Services"). In the case of Third Party Services, the third party will be the party responsible for providing the services to the City and the City will look to the third party for any loss, claims or damages arising from or related to the provision of such ThirdParty Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by the Contractor will be collected solely in the capacity as an independent sales agent.

26. THE CITY’S RIGHT TO RECOVER AGAINST THIRD PARTIES. Contractor will do nothing to prejudice the City’s right to recover against third parties for any loss, destruction, or damage to City property, and will at the City’s request and expense, furnish to the City reasonable assistance and cooperation, including assistance in the prosecution or defense of suit and the execution of instruments of assignment in favor of the City in obtaining recovery.

27. NO GUARANTEE OF WORK. Contractor acknowledges and agrees that it is not entitled to deliver any specific amount of materials or services or any materials or services at all under this Agreement and acknowledges and agrees that the materials or services will be requested by the City on an as needed basis at the sole discretion of the City. Any document referencing quantities or performance frequencies represent the City's best estimate of current requirements, but will not bind the City to purchase, accept, or pay for materials or services which exceed its actual needs.

28. OWNERSHIP.
a. Except as it pertains to the Work Product in Subsection (b) below, all deliverables, services, and information provided by Contractor or the City pursuant to this Agreement (whether electronically or manually generated) including without limitation, reports, test plans, and survey results, graphics, and technical tables, originally prepared in the performance of this Agreement, are the property of the City and will not be used or released by Contractor or any other person except with prior written permission by the City. b. City's rights to Work Product (meaning deliverables to be provided or created individually or jointly in connection with the services, not materials, provided by Contractor, including but not limited to, all inventions, discoveries, methods, processes, formulae, ideas, concepts, techniques, know-how, data, designs, models, prototypes, works of authorship, computer programs, proprietary tools, methods of analysis and other information, whether or not capable of protection by patent, copyright, trade secret, confidentiality, or other proprietary rights, or discovered in the course of performance of this Agreement that are embodied in such work or materials) will be, upon payment in full, a non-transferable, non-exclusive, royalty-free license to use such Work Product solely for City's internal use. City obtains no ownership or other property rights thereto. City agrees that Contractor may incorporate intellectual property created by third parties into the Work Product and that City’s right to use such Work Product may be subject to the rights of, and limited by agreements with, such third parties

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29. USE OF NAME. Contractor will not use the name of the City of Mesa in any advertising or publicity without obtaining the prior written consent of the City.

30. PROHIBITED ACTS. Pursuant to A.R.S. § 38-504, a current or former public officer or employee within the last twelve (12) months shall not represent another organization before the City on any matter for which the officer or employee was directly concerned and personally participated in during their service or employment or over which they had a substantial or material administrative discretion. Further, while employed by the City and for two (2) years thereafter, public officers or employees are prohibited from disclosing or using, without appropriate authorization, any confidential information acquired by such personnel in the course of his or her official duties at the City.

31. FOB DESTINATION FREIGHT PREPAID AND ALLOWED. All deliveries will be FOB destination freight prepaid and allowed unless otherwise agreed.

32. RISK OF LOSS. Contractor agrees to bear all risks of loss, injury, or destruction of Contractor’s goods or equipment incidental to providing these services and such loss, injury, or destruction will not release Contractor from any obligation hereunder.

33. SAFEGUARDING CITY PROPERTY. Contractor will be responsible for any damage to City real property or damage or loss of City personal property when such property is the responsibility of or in the custody of Contractor or its employees.

34. WARRANTY OF RIGHTS. Contractor warrants it has title to, or the right to allow the City to use, the materials and services being provided and that the City may use same without suit, trouble or hindrance from Contractor or third parties.

35. PROPRIETARY RIGHTS INDEMNIFICATION. Without limiting the foregoing, Contractor will at its expense defend the City against all claims asserted by any person that anything provided by Contractor infringes a patent, copyright, trade secret or other intellectual property right (collectively “Claim”) and must, without limitation, pay the costs, damages and attorneys' fees awarded against the City in any Claim, or pay any settlement of such Claim. Each party agrees to notify the other promptly of any matters to which this provision may apply and to cooperate with each other in connection with such defense or settlement. If a preliminary or final judgment is obtained against the City’s use or operation of the items provided by Contractor hereunder or any part thereof by reason of any alleged infringement, Contractor will, at its sole option and its expense and without limitation, either: (a) modify the item so that it becomes non-infringing; (b) procure for the City the right to continue to use the item; (c) substitute for the infringing item other item(s) having at least equivalent capability; or (d) refund to the City an amount equal to the price paid, less reasonable usage, from the time of installation acceptance through cessation of use, which amount will be calculated on a useful life not less than five (5) years based on a five (5) year straight line amortized basis. The forgoing provisions in this Section state the entire liability of Contractor and the sole and exclusive remedy of the City with respect to any Claim. Contractor shall have no liability or obligation to the City to the extent any Claim is based upon: (i) any combination of anything provided by Contractor with other software, hardware or other materials not authorized by Contractor or manufacturer; or (ii) any addition to, or modification of, anything provided by Contractor made after delivery to the City by any person other than Contractor.

36. CONTRACT ADMINISTRATION. The contract will be administered by the Purchasing Administrator and/or an authorized representative from the using department. All questions regarding the contract will be referred to the administrator for resolution. Supplements may be written to the contract for the addition or deletion of services. Payment will be negotiated and determined by the contract administrator(s).

37. FORCE MAJEURE. Failure by either party to perform its duties and obligations will be excused by unforeseeable circumstances beyond its reasonable control, including acts of nature, acts of the public enemy, riots, fire, explosion, legislation, and governmental regulation. The party whose performance is so affected will within five (5) calendar days of the unforeseeable circumstance notify the other party of all pertinent facts and identify the force majeure event. The party whose

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performance is so affected must also take all reasonable steps, promptly and diligently, to prevent such causes if it is feasible to do so, or to minimize or eliminate the effect thereof. The delivery or performance date will be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay, provided however, under no circumstances will delays caused by a force majeure extend beyond one hundred-twenty (120) calendar days from the scheduled delivery or completion date of a task unless agreed upon by the parties.

38. COOPERATIVE USE OF CONTRACT. This contract is available through National IPA to agencies nationwide. The City has also entered into various cooperative purchasing agreements with other Arizona government agencies, including the Strategic Alliance for Volume Expenditures (SAVE) cooperative. Under the SAVE Cooperative Purchasing Agreement, any contract may be extended for use by other municipalities, school districts and government agencies through National IPA or SAVE in the State of Arizona with the approval of Contractor. Any such usage by other entities must be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and regulations of the respective government agency.

A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card pursuant to title 41, chapter 12, article 3.1. A school district governing board shall adopt policies to exempt a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.

Additionally, Contractor will comply with the governing body’s fingerprinting policy of each individual school district and public entity. Contractor, subcontractors, vendors and their employees will not provide services on school district properties until authorized by the school district.

Orders placed by other agencies and payment thereof will be the sole responsibility of that agency.

The City is not responsible for any disputes arising out of transactions made by others. The City is not a party to any agreements between the Contractor and National IPA, National IPA and other agencies, the Contractor and other agencies, or any third-party contracts in any way related to this Agreement or the cooperative use of this Agreement.

39. FUEL CHARGES AND PRICE INCREASES. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the City’s Purchasing Division.

40. NOTICES. All notices to be given pursuant to this Agreement must be delivered to the parties at their respective addresses. Notices may be (i) personally delivered; (ii) sent via certified or registered mail, postage prepaid; (iii) sent via overnight courier; or (iv) sent via email or facsimile.

If provided by personal delivery, receipt will be deemed effective upon delivery. If sent via certified or registered mail, receipt will be deemed effective three (3) calendar days after being deposited in the United States mail. If sent via overnight courier, email or facsimile, receipt will be deemed effective two (2) calendar days after the sending thereof.

41. GOVERNING LAW, FORUM. This Agreement is governed by the laws of the State of Arizona.

The exclusive forum selected for any proceeding or suit in law or equity arising from or incident to this Agreement will be Maricopa County, Arizona.

42. INTEGRATION CLAUSE. This Agreement, including all attachments and exhibits hereto, supersede all prior oral or written agreements, if any, between the parties and constitutes the entire agreement between the parties with respect to the work to be performed.

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43. PROVISIONS REQUIRED BY LAW. Any provision required by law to be in this Agreement is a part of this Agreement as if fully stated in it.

44. SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision will be severed from this Agreement, which will otherwise remain in full force and effect.

The parties will negotiate diligently in good faith for such amendment(s) of this Agreement as may be necessary to achieve the original intent of this Agreement, notwithstanding such invalidity or unenforceability.

45. SURVIVING PROVISIONS. Notwithstanding any completion, termination, or other expiration of this Agreement, all provisions which, by the terms of reasonable interpretation thereof, set forth rights and obligations that extend beyond completion, termination, or other expiration of this Agreement, will survive and remain in full force and effect. Except as specifically provided in this Agreement, completion, termination, or other expiration of this Agreement will not release any party from any liability or obligation arising prior to the date of termination.

46. A.R.S. SECTIONS 1-501 and 1-502. Pursuant to Arizona Revised Statutes Sections 1-501 and 1- 502, any person who applies to the City for a local public benefit (the definition of which includes a grant, contract or loan) must demonstrate his or her lawful presence in the United States. As the Agreement is deemed a local public benefit, if Contractor is an individual (natural) person or sole proprietorship, Contractor agrees to sign and submit the necessary documentation to prove compliance with the statutes as applicable.

City Council

STAFF REPORT
Date: September 6, 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: August 16, 2023 Agenda Item:

5.A.

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

Consideration of Measure R Citizens' Oversight Committee Additional Budget Appropriation Procedures
RECOMMENDATION:

Review and consider options regarding procedures for additional Measure R budget appropriations.

SUMMARY:

On June 19, 2023, City Council directed staff to prepare options for Council consideration regarding procedures for additional Measure R budget appropriations, and how the Measure R Oversight Committee should be involved when a Committee-recommended project requires additional Measure R funding. This would ensure a consistent procedural approach when requesting additional funding for the City's various projects and programs through the Measure R Committee.

BACKGROUND:

The Measure R Committee's responsibilities and duties include reviewing lists of proposed projects and programs to be funded with Measure R revenues, prioritizing projects and programs, making adjustments and providing recommendations to City Council for final approval. The Committee periodically (at least semi-annually) reviews revenues and expenditures, along with other related reports and information produced by staff regarding Measure R funds. The Committee provides recommendations to the City Council on whether revenues were collected and expended as approved, reviews the annual independent accountant’s audit report on Measure R revenues and expenditures, and provides appropriate recommendations to the City Council for those reports.

Since the inception of Measure R, staff has provided the Committee lists of proposed projects and programs to be funded with Measure R revenues for review and recommendation for City Council approval. Up until this point, when an approved project exceeds the estimated budget, the general procedure has been that additional budget

appropriations are submitted to City Council for approval and staff notifies the Committee of any increase.

Staff reviewed and discussed various options and proposes the following options for Council consideration:
• First Option - Keep existing procedure with City Council approving additional appropriations with follow-up communication to the Measure R Committee. • Second Option - This option requires additional appropriations to be reviewed and recommended by the Committee before City Council consideration of the adjustment.
• Third Option - This option requires projects that are more than $250,000 over the original approved budget, be reviewed and recommended by the Committee before City Council consideration of he adjustment.

The role of the Committee is critically important and its review of projects is a hallmark aspect of the Measure R program. However, in the months after a project is recommended for approval by the Committee, many circumstances can change that lead to changes in the originally-approved budgets. The current procedure has been working well and has not raised issues up to this point; it is an efficient process, and the Committee is kept in the loop.

However, if the Council wishes to modify that procedure, it is recommended that the third option be adopted, which would require Committee review only if the additional appropriation is $250,000 or more.

It is recommended that the City Council discuss the options. If Option 2 or 3 is approved, the process will be implemented in September 2023. Staff will also inform the Measure R Committee of the approval at their next scheduled meeting.

FISCAL IMPACT:

There is no financial impact for this item. Adoption of a new process to require further committee review prior to additional appropriations does require additional staff time for that process to occur.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Direction #3, Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney

City Council

STAFF REPORT
Date: August 16, 2023 Agenda Item:

5.B.

To: Honorable Mayor and City Council Members
Prepared By: Colin Burns, City Attorney
Department: Administration
SUBJECT:

Consider and adopt an amended City Council procedures Resolution to provide for the selection of Mayor and Mayor Pro Tempore
RECOMMENDATION:

Adopt Resolution No. 2023-53 amending the City Council Rules of Procedures to provide for the selection of Mayor and Mayor Pro Tempore
SUMMARY:

Proposed for consideration is an amended City Council procedures Resolution which contains four separate options, each taking a different approach, to selecting the Mayor and Mayor Pro Tempore, going from the most discretion to least.

BACKGROUND:

At a previous Council Meeting, Council directed staff to prepare and bring for Council consideration a procedure on selection of Mayor and Mayor Pro Tempore. Proposed are four separate options for Council consideration. The four options differ in the amount of discretion, with the first version providing the most discretion and the last (fourth) providing the least. Each is summarized below:

First Option - No Rotation, Unlimited Discretion: This version has no suggested rotation. Rather, the Council simply chooses a Mayor and Mayor Pro Tempore at its discretion, with no guidelines.

Second Option - Suggested Rotation with Council’s Unlimited Discretion: This second version provides for a rotation that “should” be followed, using a consecutive service model. It specifically provides that the ultimate discretion lies with the Council.

There are no limits on how the Council exercises its discretion.

Third Option - Presumptive Rotation w/ Council Discretion to Change for Cause: This third version contains a presumptive Mayor and Mayor Pro Tempore rotation, which

Council Members follow when they vote for Mayor and Mayor Pro Tempore unless they find cause to skip the next person. Cause means a Council Member is unable or unfit to fulfill the role of Mayor or Mayor Pro Tempore for any reason including malfeasance or lack of participation.

Fourth Option - Absolute Rotation, No Council Discretion: This final version provides for a rotation without Council discretion. Under this version, the Council Member with the highest consecutive service becomes Mayor. This is the only version where there is no Council discretion.

ALTERNATIVES:

Alternative No.1: Select one of the four versions of procedures for selecting a Mayor and Mayor Pro Tempore and adopt an amended City Council procedures Resolution.

Alternative No. 2: Amend the proposed procedures or direct staff to bring back a different Resolution for consideration.

Alternative No. 3:Take no action.

FISCAL IMPACT:

There is no fiscal impact anticipated with this item.

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):

Resolution 2023-53 Mayor and MPT Selection Reso

RESOLUTION NO. 2023-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

NORCO AMENDING THE RULES OF PROCEDURE FOR

CITY COUNCIL MEETINGS
WHEREAS, Government Code Section 36813 and Norco Municipal Code Section

2.04.070 allows the City Council to adopt Rules of Procedure to govern the conduct of its meetings and any of its other functions, activities and regulations pertaining thereto; and WHEREAS, these rules shall be interpreted and administered to be consistent with the Norco Municipal Code and state laws, and shall be in effect upon the adoption by City Council until such time as they are amended or new rules are adopted in the manner provided by these rules; and
WHEREAS, in 1997, the City Council approved Resolution No. 97-15, adopting the rules of procedure. These rules were amended by Resolution No. 2000-06, Resolution No. 2002-28, Resolution No. 2005-77, Resolution No. 2012-10, and Resolution 2019-05.

NOW, THEREFORE, the City Council of the City of Norco does hereby resolve as follows:

SECTION 1: Resolution No. 2019-05 is hereby repealed.

SECTION 2: The Rules of Procedures for City Council meetings and related functions and activities are hereby adopted to read as follows:

PURPOSE: The purpose of the City Council in adopting the following rules shall be to provide guidelines for the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law.

Additionally, City Commissions, Committees, and Advisory Councils shall generally administer their meetings in accordance with these rules. The intent of the rules is to carry out the City's purposes which are to promote transparency and citizen participation in a civil and respectful governance environment.

Resolution No. 2023-53, Amending City Council Rules and Procedures

1. CITY COUNCIL MEETINGS
A. PUBLIC MEETINGS:

In accordance with the Ralph M. Brown Act (Govt. Code Section 54950 et seq), all meetings of the Council and all its Commissions, Committees, Boards and Advisory Councils, shall be open to the public, except for (i) portions of meetings which can be conducted in Closed Session, (ii) meetings of less than a quorum, or (iii) meetings of non-governing bodies operating in a wholly advisory role.

B. REGULAR MEETINGS:

The City Council of the City of Norco shall hold regular meetings in the place specified in the Municipal Code and on the first and third Wednesdays of each month beginning at 6:00 p.m. for Closed Session items, and 7:00 p.m. for the public meeting. When the day of a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the next succeeding day thereafter that is not a holiday.

C. ADJOURNED MEETINGS:

Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting; otherwise, once adjourned, the meeting may not be reconvened.

D. SPECIAL MEETINGS:

Special meetings may be called by the Mayor or by a majority of Council Members on a 24-hour notice, as set forth in Section 54956 of the Government Code of the State of California. Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted.

E. NOTICE OF MEETINGS:

For every regular City Council meeting, the City Clerk or his/her designee, shall post the agenda of the meeting, specifying the time and place at which the meeting will be held, and a brief description of all the items of business to be discussed at the meeting. The agenda must be posted at least 72 hours before a regular meeting, and at least 24 hours before a special meeting. Specifically, the agenda shall be posted at the places indicated below, and at such other location(s) as the City Clerk may designate:

Resolution No. 2023-53, Amending City Council Rules and Procedures

City Clerk's Office
Senior Center
Fire Department, Station #47
Norco Community Library
Council Chambers Display Case
City Website
The locations for posting may be revised from time to time by resolution of the City Council.

F. DELIVERY OF AGENDA:

Barring unavoidable difficulties and holidays, the Agenda for each regular meeting of the Council, and reports and other documentation related thereto, shall be delivered to the Members of the Council the Thursday evening preceding the Wednesday meeting of the City Council. In respect to every regular meeting, the agenda shall conform to Section 54954.2 of the California Government Code and shall be posted at least 72 hours prior to the time scheduled for the meeting. Agendas shall be posted at the designated posting locations as adopted by a City Council resolution.

G. QUORUM:

A majority of the members of the body, and in the case of the Council, three members of the Council shall constitute a quorum necessary to transact business and motions may be passed by a majority of those in attendance. The adoption of an Ordinance requires three affirmative votes or in accordance with the City's Charter. In the event a quorum is not in attendance, the City Clerk will adjourn the meeting to a later set date and lime.

H. MEETINGS TO BE PUBLIC:

All regular, adjourned and special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded for the consideration of matters permitted pursuant to the Ralph M. Brown Act, Government Code section 54950 et seq.

Resolution No. 2023-53, Amending City Council Rules and Procedures

2. ORDER OF BUSINESS
A. AGENDA:

The order of business and agenda sequence shall be administratively set by the City Manager and updated from time-to-time. The following considerations shall be included at each meeting:

1. Whenever reasonably necessary to expedite the business of the meeting, the Presiding Officer may alter the order of business.

2. It is the Council's intention to conclude Council meetings by 11:00 p.m.

If the meeting continues beyond that time, the Presiding Officer will endeavor to conclude the meeting by continuing matters needing further discussion and/or streamlining necessary discussion with the goal of adjourning the meeting.

3. No matters other than those listed on the agenda shall be finally acted upon by the Council; however, the Council may take action on items of business which do not appear on the posted agenda under any of the following conditions or circumstance:
(a) Upon a determination by a majority vote of the Council that an emergency situation exists, as defined in Section 54956.5 of the California Government Code; and
(b) Upon a determination by a 2/3 vote of the Council, or, if less than 2/3 of the Council Members are present, a unanimous vote of those Council Members present, that the need to take immediate action arose subsequent to the agenda; and
(c) The item was posted for a prior meeting of the Council occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is proposed to be taken.

B. SUBMISSION OF AGENDA ITEMS:

Items placed on the agenda shall be requested by a City Council Member or City Staff. Deadlines for placing items on the City Council agenda will be set and determined by the City Manager. A City Council Member wishing to place a matter on a future City Council agenda shall first obtain majority approval of the City Council. Likewise, any City Council Member wishing to refer a matter to a Commission shall obtain majority approval of the City Council before the

Resolution No. 2023-53, Amending City Council Rules and Procedures

matter may agendized by the Commission. Majority approval shall be obtained at the request of a City Council Member during the "City Council / City Manager I Staff Communications" portion of the City Council agenda and while the matter may be described, there may be no substantive discussion of the matter by the City Council.

C. CLOSED SESSION:

The City Council may hold closed sessions during a regular or special meeting, or at any time otherwise authorized by law, to consider any matter it is authorized to consider in Closed Session. Public comment shall be permitted on Closed Session matters prior to Closed Session. If a Closed Session is included on the agenda, the description of the item shall meet the requirements of and shall identify the statutory basis for the Closed Session. During Closed Session, the Council shall exclude all persons which it is authorized to exclude.

No minutes of the proceedings of the Council during Closed Session are required. Closed Session may not be held regarding a matter not listed on a properly posted agenda for Closed Session except upon the Council first taking action to place the item on the agenda as a Closed Session item as permitted by law.

Before recessing into Closed Session, the Presiding Officer or City Attorney shall announce that the body is recessing into Closed Session and shall name each Closed Session topic that will be discussed in Closed Session. Public comment will be allowed on Closed Session agenda items prior to the Closed Session. Upon reconvening the public session, the City Attorney shall report publicly on reportable actions taken on Closed Session matters and, if any vote was taken on any reportable action, shall announce that the matter was put to a vote, the results of the vote, and how each Council Member voted. Except for reportable actions and the vote thereon, all discussion and actions in Closed Session shall be confidential and not disclosed to any third party.

D. ROLL CALL:

Before proceeding with the business of the Council, the Presiding Officer shall ask the City Clerk to state the roll of the Council Members and the names of those present shall be entered in the minutes.

E. CONSENT CALENDAR:

Items of routine nature shall be placed on the Consent Calendar. All items may be approved by one blanket motion upon majority consent. Prior to, or following review of, the Consent Calendar, a Council Member or staff may

Resolution No. 2023-53, Amending City Council Rules and Procedures

request that any item be withdrawn from the Consent Calendar for separate consideration under the "Items Pulled from Consent Calendar" portion of the agenda.

F. APPROVAL OF MINUTES:

An account of all public proceedings of the Council shall be recorded by the City Clerk or his/her designee and entered into the official minute books of the Council. Unless requested by a majority of the City Council, minutes of the previous meeting may be approved without public reading if the City Clerk has previously furnished each Council Member with a copy thereof. These minutes shall be available to the public following approval by the Council.

G. PUBLIC HEARINGS:

When public hearings are required by law and involve the adjudication of individual property rights and interests, the individual(s) has due process rights.

Accordingly, such hearings need to be conducted formally and with due process to protect the rights of all persons. Applicants are entitled to a decision by an unbiased body which has not prejudged the matter before hearing all evidence relevant to the decision to be made.

Generally, public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order:

Staff Report Presentation
Questions of Staff by Council
Public Hearing Opened by Mayor
Testimony by Proponents and Opponents
Public Hearing Closed by Mayor
Questions by Council
Discussion by Council
Action Taken by Council
Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Mayor may, at the beginning of the hearing, limit testimony, to three minutes per individual. Any person may speak for a longer period of time upon approval of the majority of the City Council.

Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard.

For matters requiring a public hearing, only evidence provided during the public hearing will be considered.

Resolution No. 2023-53, Amending City Council Rules and Procedures

1. STAFF AND WRITTEN MATERIAL PRESENTATION:
(a) Staff Report. Staff reports, which shall include the findings and determinations that the Council is required to make, included in the agenda packet, along with written comments (e.g. protests, etc.) which have been received, are noted for the record, and received and filed.
(b) New Written Material. Written material not in the agenda packet, if any, is received and filed.
(c) Oral Reports. Oral staff reports, if any, are presented by a staff member or consultant, unless waived by the Council.
(d) Council Questions of Staff. Prior to hearing public testimony or comments, Councilmembers are encouraged to raise factual issues or questions which can clarify and identify issues of concern.

Councilmembers shall refrain from asking questions or expressing opinions which tend to show the Councilmembers have formed opinions before the hearing has been conducted and public who wish to testify in support or opposition to the matter being heard. The Presiding Officer may establish an order for speakers, such as those in favor or opposed.
(e) Record. All the aforementioned material shall be deemed a part of the public record, even though the public hearing is not opened until conclusion of the staff report. All discussion following the close of the public hearing are also part of the record of the matter.

2. HEARING PROCESS:
(a) Hearing. Following the presentation of the staff report, the Presiding Officer shall open the public hearing in order to take testimony from members of the public who wish to testify in support or opposition to the matter being heard.
(b) Procedures. Based on the number of persons wishing to speak, ground rules can be set as long as they are evenly applied, limiting speaker times, providing for representative speakers, and so forth.

The Presiding Officer's instructions to the audience may vary and will depend upon the issue being discussed. Generally, the instructions will follow these general guidelines:
(1) Participants must speak from the podium;
(2) The normal time limit for each speaker is three minutes; (3) The testimony should be relevant;
(4) Repetition should be avoided;
(5) Speakers will be discouraged from reading a submission Page 191 of 231 Resolution No. 2023-53, Amending City Council Rules and Procedures

that is already contained in the agenda materials;
(c) Speaker Time. Although the normal time limit is three minutes for each speaker, the Presiding Officer may grant additional time to a representative speaking for an entire group. However, this should not discourage anyone from addressing the Council individually.

Speakers may not allocate or assign their time to another speaker, absent approval by the Presiding Officer.
(d) Principal Parties 10 Minutes Each. The appellant or their representative speaks first and will generally be allowed ten minutes.

If the applicant is different from the appellant, the applicant or their representative will speak following the appellant and will also be allowed ten minutes to make a presentation. Other public speakers will follow the presentation by the appellant and the applicant. (e) Questioning Speakers. The Council will generally reserve questioning of individual speakers until after the completion of the speaker's testimony. Questions still need to be factual and without bias until the hearing is concluded and all testimony is received.

Questions of staff should not be interjected when speakers are questioned and questions of staff shall occur after the close of the hearing.

3. COUNCIL DELIBERATIONS:
(a) Closure of Hearing. After the Presiding Officer has determined that there is no more public testimony, the hearing will be ordered closed and the Council will then deliberate on the matter. After the hearing is closed, there should be no further public testimony unless the Presiding Officer reopens the hearing.
(b) Answering Speaker Questions. At the Presiding Officer's discretion, after the close of the hearing, staff and/or Council may answer questions posed by speakers during their testimony.
(c) Questions by Council. The Council may also ask staff to address questions raised by the testimony, or to clarify matters. (d) Debate. The Council will then debate and/or make motions on the matter.
(e) Member Limitations. During Council deliberations, the Presiding Officer will allow each Councilmember to speak once prior to allowing another Councilmember to speak again. Councilmembers should strive to avoid repetition. Councilmembers are permitted to ask questions of each other or debate relevant issues as part of their deliberations.

Resolution No. 2023-53, Amending City Council Rules and Procedures

4. COUNCIL ACTION:
(a) Continuance. The Council may reopen and continue the hearing or continue the matter without reopening the hearing. The matter should be reopened if any additional information is requested to allow testimony on the new information when it is obtained. Continuing a public hearing to a specific date requires a "Notice of Continuance" posted and would require additional hearing publication if no specific date is identified.
(b) Actions. The Council may:
(1) Vote on the item;
(2) Offer amendments or substitute motions to decide the matter;
(3) Reopen the hearing for additional testimony;
(4) Continue the matter to a later date for a decision. No additional testimony may be received if the hearing is not continued.
(c) Findings. Councilmembers should generally explain their actions and should make appropriate findings to support their action.

Written resolutions may be adopted or prepared for a subsequent meeting.
(d) Tie Votes. A tie vote is, in effect, a denial of the matter. In the event of a tie vote, (i) if a Councilmember was absent, or (ii) if it was a quasi-judicial matter, the matter will be automatically continued to the next meeting without reopening the hearing. No motion to reconsider is required.

5. OUTSIDE MEETING CONTACTS ON MATTERS SET FOR PUBLIC
HEARING:
(a) Minimize Contact. Council Members should minimize their contacts with developers, applicants, or other persons who will be the subject of a quasi-judicial public hearing to be heard before the Council.

Council Members should avoid extra-meeting contacts with persons who will be the subject of a public hearing before the body or with advocacy groups or special interest groups.
(b) Any Outside Meeting Comments Noncommittal. If a Council Member is contacted directly by such person outside the meeting setting, the Member shall refrain from expressing any viewpoints or thought processes to the person until after the public hearing. The Council Member may explain that they are unable to express any viewpoint on the matter until all evidence has been heard in the course of a public hearing and should encourage any such person to present their position in writing or orally at the public hearing.

Resolution No. 2023-53, Amending City Council Rules and Procedures

(c) Disclosure. At the commencement of the public hearing, the Council Member must disclose publicly any extra-meeting contacts or discussions which may be relevant to the decision, to include the date and location of the meeting, and the parties in attendance. (d) Inspection. The limitations set forth in this Section shall not be read as preventing a Council Member from inspecting a site that will be relevant to a public hearing, although such sight inspection should be disclosed on the record at the beginning of the public hearing.

H. PUBLIC COMMENTS:

Any person may address the Council on any subject pertaining to City business, during the "Public Comments" portion of each regular meeting; provided that comments relating to an item listed on the agenda should be heard when that item is being considered but prior to voting. Public comments received at a special meeting shall only pertain to items listed on agenda.

3. PRESIDING OFFICER
A. PRESIDING OFFICER:

The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tern shall preside. In the absence of both the Mayor and the Mayor Pro Tern, the Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Tern or until adjournment. The meeting of the Council shall be called to order by the Presiding Officer.

In accordance with Elections Code Sections 10411, 15308 and 15400, the City Council shall meet following receipt of the statement of election results and declare those elected to office and the results of any measures. At a regular meeting of the City Council in the month of December, in keeping with the date for sealing newly elected Council persons in an election year, the Council shall elect a Mayor and Mayor Pro Tern.

B. AUTHORITY OF PRESIDING OFFICER:

The Presiding Officer shall have the authority to rule any speaker out of order, including speakers during the public comments period, if the subject raised is not within the subject matter jurisdiction of the Council, or during a public hearing if the speaker is not presenting testimony or evidence relevant to the matter which is the subject of the public hearing.

The Presiding Officer shall have the responsibility for the conduct of meetings in an orderly manner and to prevent the obstruction of business, and in carrying out this responsibility, shall have the authority to give the floor to any Council Member or member of the public by recognizing them, to prevent the misuse of Page 194 of 231 Resolution No. 2023-53, Amending City Council Rules and Procedures

legitimate forms of motions or privileges, to take matters up that are deemed out of order, to caution speakers as to disruptive behavior, and to order any persons willfully interrupting the meeting to be removed from the room.

C. PARTICIPATION OF PRESIDING OFFICER:

The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and shall not be deprived of any of the rights and privileges of a Council Member by reason of acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If the Presiding Officer desires to personally engage in extended debate on questions before the Council, the Presiding Officer should consider turning the Chair over to another Council Member.

D. QUESTION TO BE STATED:

The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote, the City Clerk or his/her designee shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business.

E. SIGNING OF DOCUMENTS:

The Mayor, or Mayor Pro Tern, in the absence of the Mayor, shall sign ordinances, resolutions and other legal documents adopted by the City Council.

The City Clerk, or Deputy City Clerk, shall attest to the signature of the Mayor and Mayor Pro Tern. The City Manager shall sign documents as authorized by the City Council.

F. PRESERVATION OF ORDER:

The Presiding Officer shall preserve strict order and decorum, and shall confine debate to the item under discussion, and shall discourage debate between Council Member's and persons addressing the Council. Any person conducting their public remarks or behavior before the Council in such a way to actually cause disruption to the conduct of the meeting, may be removed from the room by the enforcement officer as directed by the Presiding Officer. Remarks from the audience, stamping of feet, whistles, yells, and similar disruptive demonstrations shall not be tolerated nor permitted by the Presiding Officer, who may direct the enforcement officer to remove such offenders from the room or call a recess of the meeting, whereby the Council will leave the Chamber and the Chamber may be cleared.

4. SELECTION OF MAYOR AND MAYOR PRO TEMPORE
(a) The term of office of Mayor shall be one year.
(b) The term of office of Mayor Pro Tempore shall be one year. Page 195 of 231 Resolution No. 2023-53, Amending City Council Rules and Procedures

(c) The Mayor and Mayor Pro Tempore shall serve at the pleasure of the City Council. (d) Selection.
a. Timing. As soon as practical following the certification of the City Council election results after the November general municipal election, the City Council shall make its selections of Mayor and Mayor Pro Tempore. In nonelection years, the selection of Mayor and Mayor Pro Tempore shall be made at the council meeting date closest to the anniversary date of the selections in the previous election year.

OPTION 1 – NO ROTATION, COMPLETE DISCRETION
b. Rotation. The selection of Mayor and Mayor Pro Tempore shall be at the City Council’s complete and absolute discretion.

OPTION 2 – SUGGESTED ROTATION WITH UNLIMITED DISCRETION TO CHANGE

b. Rotation.
(i) The selection of Mayor should be determined by seniority based on a Council Member’s continuous length of service on the City Council without having served as Mayor. The Council Member with the longest continuous service on the City Council without having served as Mayor should be appointed to serve as Mayor. The Council Member with the second longest continuous length of service on the City Council without having served as Mayor should be appointed to serve as Mayor Pro Tempore. In the event two or more Council Members have equal seniority based upon their continuous length of service on the City Council without having served as Mayor, the Council Member with the higher vote count in his or her most recent election is considered to have higher seniority.
(ii) Notwithstanding the suggested rotation provided above, the selection of the Mayor and Mayor Pro Tempore shall ultimately be at the discretion of the City Council.

OPTION 3 – PRESUMPTIVE ROTATION WITH DISCRETION TO CHANGE

FOR CAUSE
b. Rotation.
(i) The selection of Mayor shall be determined by seniority based on a Council Member’s continuous length of service on the City Council without having served as Mayor. The Council Member with the longest continuous service on the City Council without having served as Mayor shall be appointed to serve as Mayor. The Council Member with the second longest continuous length of service on the City Council without having served as Mayor shall be appointed to serve as Mayor Pro Tempore. In the event two or more Council Members have equal seniority based upon their continuous length of Page 196 of 231 Resolution No. 2023-53, Amending City Council Rules and Procedures

service on the City Council without having served as Mayor, the Council Member with the higher vote count in his or her most recent election is considered to have higher seniority.
(ii) Each Council Member shall vote in accordance with the rotation procedure provided for in this section unless he or she determines, in his or her sole and absolute discretion, that cause exists to skip the person in the rotation. Cause means that a Council Member is unable or unfit to fulfill the role of Mayor or Mayor Pro Tempore for any reason including, but not limited to, malfeasance or lack of participation.
(iii) If a Council Member is skipped for cause, each Council Member shall then vote for the person with the next highest qualifications under the rotation provided for in this section unless a Council Member determines, in his or her sole and absolute discretion, that cause exists to skip that person. This process shall continue until one person is voted Mayor or Mayor Pro Tempore, as applicable. (iv) A Council Member who is skipped for cause for the office of Mayor shall, for purposes of the rotation, be considered to have served a full term as Mayor.

OPTION 4 – ABSOLUTE ROTATION, NO DISCRETION
b. Rotation.

The selection of Mayor shall be determined by seniority based on a Council Member’s continuous length of service on the City Council without having served as Mayor. The Council Member with the longest continuous service on the City Council without having served as Mayor shall be appointed to serve as Mayor. The Council Member with the second longest continuous length of service on the City Council without having served as Mayor shall be appointed to serve as Mayor Pro Tempore. In the event two or more Council Members have equal seniority based upon their continuous length of service on the City Council without having served as Mayor, the Council Member with the higher vote count in his or her most recent election is considered to have higher seniority.
(e) If any Council Member voluntarily declines his or her term as it comes by in rotation, that Council Member shall remain in the same place in the rotation cycle as if he or she had served.
(f) A person serving as Mayor or Mayor Pro Tempore may be removed from that office at any time by the Council pursuant to a vote with at least four members present.
(g) In the event of a vacancy in the office of Mayor, the Mayor Pro Tempore shall assume all the duties of the Mayor until a Mayor is selected by the City Council to serve the balance of the term of the vacated incumbent. The City Council shall be free to appoint any Council Member for the balance of that term, but, upon the

Resolution No. 2023-53, Amending City Council Rules and Procedures

conclusion of that term, the rotational selection process shall again be employed in the same manner as if the vacated incumbent had served a full term.

5. CITY MANAGER
A. The City Manager reports to and serves at the pleasure of the Council. The City Manager may make recommendations and shall have the right to take part in all discussion of the Council but shall not have a vote. The City Manager shall attend all meetings of the City Council unless excused, and in his/her absence, the Deputy City Manager shall substitute.

6. CITY ATTORNEY
A. The City Attorney, or Deputy City Attorney, shall attend all meetings of the Council unless excused and shall attend meetings of other Boards and Commissions as directed by the City Manager. The City Attorney serves as advisory parliamentarian for the meetings. Final rulings on parliamentary procedure are made by the Presiding Officer. All ordinances, resolutions, contracts, deeds, and other legal documents shall be approved as to form and legality by the City Attorney. In any case of ambiguity or uncertainty in the interpretation or application of these Rules to any procedure, the Presiding Officer may direct such question to the City Attorney for a ruling.

7. CITY CLERK
A. The City Clerk, or Deputy City Clerk, shall attend all meetings of the Council unless excused by the City Manager. The City Clerk shall ensure that all agendas are prepared, noticed, and distributed in accordance with the Ralph M. Brown Act. The City Clerk shall record, prepare, and maintain the official record of the Council meeting and perform other related duties as prescribed by the City Manager.

An account of all proceedings of Council open meetings shall be kept by the City Clerk. The City Clerk shall prepare an abbreviated record of the meetings' proceedings for approval by the Council, which, when adopted by the Council, shall be the official Minutes of the meeting. Amendment of the minutes may be made only as to factual accuracy and not as to a change of intent. The Minutes of the meeting need not be verbatim.

8. DEPUTY CITY MANAGER/DEPARTMENT HEADS/EMPLOYEES
The Deputy City Manager, Department Heads, and other City employees, as directed by the City Manager, may attend Council meetings.

9. RULES, DECORUM, AND ORDER
A. POINTS OF ORDER:

The Presiding Officer shall determine all points of order subject to the right of any appeal to the Council. If any appeal is taken, the question shall be, "Shall Page 198 of 231 Resolution No. 2023-53, Amending City Council Rules and Procedures

the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order.

B. DECORUM AND ORDER (COUNCIL MEMBERS):

1. Any Council Member wishing to speak, or any member of the public wishing to address the Council, must first obtain the floor by being recognized by the Presiding Officer. The Presiding Officer must recognize any Council Member who seeks the floor when appropriately entitled to address the Council and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate.

2. A Council Member desiring to question the staff shall address his or her question to the City Manager, City Attorney, or appropriate staff.

3. A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer; unless a point of order is raised by another Council Member; or unless the speaker chooses to yield to questions from another Council Member.

4. Any Council Member called to order while speaking shall cease immediately until the question of order is determined. If ruled to be in order, the Council Member shall be permitted to proceed. If ruled to be not in order, the Council Member shall remain silent or shall alter remarks so as to comply with rules of the Council.

5. Council Members shall afford the utmost courtesy to each other, to City employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities.

6. Any Council Member may move to require the Presiding Officer to immediately enforce the rules and the affirmative vote of a majority of the Council shall require him/her to so act.

C. DECORUM AND ORDER (EMPLOYEES):

Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to Members of the Council. The City Manager shall insure that all City employees observe such decorum. The Presiding Officer shall first recognize any staff members, including the City Manager, desiring to address the Council or members of the public. All remarks shall be addressed to the Presiding Officer and not to anyone individual Council Member or member of the public.

D. DECORUM AND ORDER (PUBLIC):

Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. The Council of a local agency shall not prohibit public criticism of the policies, procedures, programs, or Page 199 of 231 Resolution No. 2023-53, Amending City Council Rules and Procedures

services of the City or the acts or omissions of the City Council. No privilege or protection for expression beyond that otherwise provided by law is conferred (Gov. Code 54954.3). Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeant-of- arms to remove such offenders from the room. Aggravated cases shall be prosecuted on an appropriate complaint signed by the Presiding Officer.

E. ENFORCEMENT OF DECORUM:

The head of the City's police agency or his designee shall be the enforcement officer of the Council. The enforcement officer shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum in the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the enforcement officer or the representative to eject any person(s) from the Council Chambers or place the person(s) under arrest or both. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

F. PERSONAL PRIVILEGE:

If a Council Member is personally offended by the remarks of another Council Member, the offended Council Member may call for a "point of personal privilege" that challenges the other member to justify the remarks or apologize for the language used. The Presiding Officer will maintain control of such discussion. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are assailed, questioned or impugned.

G. CONFLICT OF INTEREST:

All Council Members are subject to the provisions of California Law, including, but not limited to, Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Council Member prevented from voting because of a conflict of interest shall refrain from debate and voting. Such Council Member may choose to leave the Council Chambers during debate and voting on the issue.

H. LIMITATION OF DEBATE:

In order to allow all Council Members the opportunity to address a subject, a Council Member should speak only once until every other Council Member choosing to speak thereon has spoken.

I. DISSENTS, PROTESTS, AND COMMENTS:

Any Council Member shall have the right to express dissent from, or protest, or comment upon, any action of the Council and have the reason entered into the minutes. If such dissent, protest or comm Page 200 of 231 ent is desired to be entered in the Resolution No. 2023-53, Amending City Council Rules and Procedures

minutes, this should be made clear by language such as; "I would like the minutes to show that I am opposed to this action for the following reasons." J. PROCEDURES IN ABSENCE OF RULES:

In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order shall be used as a guide.

K. RULINGS OF CHAIR FINAL UNLESS OVERRULED:

In presiding over Council meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Council Members present and voting and shall be binding and legally effective (even though clearly erroneous) for purposes of the matter under consideration.

L. ACTIONS NOT INVALIDATED:

Failure to strictly comply with these Rules of Procedure shall not necessarily invalidate any action taken by the City Council.

10. ADDRESSING THE COUNCIL
A. MANNER OF ADDRESSING THE COUNCIL:

Any member of the public desiring to address the Council shall fill out a speaker card and submit the card to the City Clerk. Once the City Clerk calls the speaker, he/she should proceed to the podium and begin speaking.

All remarks and questions shall be addressed to the Presiding Officer and not to any individual Council Member, staff member or other person. During a public hearing, all remarks shall be limited to the subject under consideration.

No person shall enter into any discussion without being recognized.

At the close of the speaker's comments, or the close of the period for public comments, the Presiding Officer may ask staff to respond to the speaker's comments. Unless there is an agenda item on the subject, the speaker’s comments may not be responded to substantively. If there is an agenda item, the substantive response shall be deferred until the matter is considered. The Presiding Officer may only refer the matter to staff for investigation and/or response, or request that the matter be placed on an agenda for a subsequent meeting for action by the City Council.

B. TIME LIMITATION:

Any member of the public desiring to address the Council shall limit the address to three minutes unless further time has been granted by the Presiding Officer. Page 201 of 231 Resolution No. 2023-53, Amending City Council Rules and Procedures

C. LIMITATIONS REGARDING PUBLIC COMMENTS:

The making of oral communications to the Council by any member of the public during the "Public Comments" portion of the agenda shall be subject to the following limitations:
(a) In general, no speaker should address the Council on a topic which is currently before or about to be submitted for consideration by a City commission, board or other agency before which the speaker should make the presentation, until that latter body has completed its deliberations and taken its final action. If the speaker elects to address the City Council on such a topic, the Presiding Officer shall refer the speaker to the appropriate City commission or agency for consideration. (b) If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer may reasonably limit the number speaking as to each side of an issue. In this regard, preference may be given to speakers who represent groups of persons who have designated a spokesman.
(c) No oral communication by a Council Member shall be allowed to include charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference, which tends to identify him or her. All charges or complaints against employees shall be submitted to the City Manager for appropriate action and may also be submitted to Members of the Council by written communication.

D. WRITTEN CORRESPONDENCE:

The City Clerk is authorized to receive and open all mail addressed to the Council regarding any matters listed on the agenda. Any communication relating to a matter pending shall be included in the agenda packet if provided before the staff report is completed for the meeting at which such item is to be considered. Communication presented after the staff report is completed will be presented to the Council Members at the meeting. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the Municipal Code, or other ordinances.

11. VOTING PROCEDURE
A. PROCEDURE:

In acting upon every motion, the vote shall be taken in a way that provides a basis to record the vote of each individual Council Member decision. The vote on each motion shall then be entered in full upon the record.

B. FAILURE TO VOTE:

Resolution No. 2023-53, Amending City Council Rules and Procedures

Every Council Member should vote unless disqualified for cause.

C. TIE VOTES:

Tie votes shall be lost motions. When all Council Members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Council takes other action to further consider the matter. If a tie vote results at a time when less than all Members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council.

D. SUPERMAJORITY VOTE:

State law may dictate certain instances in which the number of votes required is greater than a majority of all Council Members. The City Attorney shall inform the Council when such voting requirement is applicable.

E. CONFLICTS:

Any official with a conflict of interest is not counted for purposes of establishing a quorum, and must not vote on, make, participate in any way in, or attempt to influence the decision. A Council Member abstaining on grounds other than a conflict under the Political Reform Act shall be counted as present for purposes of a quorum and such abstentions are counted as voting with the majority. The Council Member who abstains due to a conflict of interest may not make comment on the item and must physically leave the City Council Chambers.

F. ABSTENTIONS:

Council Members are discouraged from abstaining from a vote for reasons other than a legally-disqualifying, financial conflict of interest. However, if a member chooses to abstain from voting as a result of what he/she perceives as a personal or non-financial conflict of interest, the member may do so after stating for the record the nature of the perceived conflict. In the event of an abstention due to a perceived conflict (as opposed to a legally-disqualifying conflict), the member is not required to leave the dais. (1) Participation is encouraged. A Council Member shall generally participate in the matter and vote except those where they are required to abstain due to legally-recognized conflict of interest or common law bias.
(2) Appeals. A City Council Member who has appealed the action of any person or body of the City on a matter which does not constitute a conflict of interest for the member under any law, may participate in the hearing on the appeal, unless there is clear and convincing evidence that such member is not objective, or the member feels that they are unable to remain neutral, or as may be otherwise advised by the City Attorney. Notwithstanding any contrary provisions herein in bringing an Page 203 of 231 Resolution No. 2023-53, Amending City Council Rules and Procedures

appeal, the City Council Member need not give reasons for making the appeal.
(3) Public perception. A Council Member may abstain from action on a matter where, in the member's opinion, there would be a public perception that participation in the discussion or decision would be inappropriate constituting common law bias even though the member has no disqualifying financial interest within the meaning of FPPC rules and regulations.

G. MOTION TO RECONSIDER:

A motion to reconsider may only be made by a Council Member of the prevailing side of any City Council action within thirty (30) calendar days. The Council Member seeking reconsideration must have the matter agendized unless the motion will be made at the same meeting where the original action was taken. If the motion to reconsider passes, then the original item may be reconsidered or agendized for a future meeting, which meets any applicable noticing requirements.

12. RESOLUTIONS
A. DEFINITION:

As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by "ordinance," whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "resolutions." The term resolution in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. A "motion" (assuming it was one which passed) is a Council action that is recorded simply by an item entry in the minutes of the meeting at which it was accomplished, and no separate document is made to memorialize it.

B. RESOLUTIONS PREPARED IN ADVANCE:

Where a resolution has been prepared in advance, the procedure shall be:
motion, second, discussion, vote and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any Council Member may require that the resolution be read in full.

C. RESOLUTIONS NOT PREPARED IN ADVANCE:

Where a resolution has not been prepared in advance, the procedure shall be to instruct the City Manager or the City Attorney to prepare a resolution for presentation at the next Council meeting.

D. URGENCY RESOLUTIONS:

In matters of urgency, a resolution may be presented verbally in motion form Page 204 of 231 Resolution No. 2023-53, Amending City Council Rules and Procedures

together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure described above shall be followed.

Urgency resolutions shall be avoided except when absolutely necessary and shall be avoided entirely when resolutions are required by law, in improvement acts, zoning matters, or force account work on public projects. Where the resolution has been drafted in written form, either before or during the meeting, this paragraph shall not be deemed applicable.

13. ORDINANCES
A. INTRODUCTION AND ADOPTION OF ORDINANCES:

Ordinances shall not be passed within five days of their introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction and either at a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Council Members present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after alteration. Corrections of typographical or clerical errors are not alterations within the meaning of this section.

B. EFFECTIVE DATE:

All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance.

C. PUBLISHING:

It shall be the duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code within 15 days after adoption.

D. URGENCY ORDINANCES:

All urgency ordinances must receive four affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a 4/5ths majority, it may thereafter be considered and passed in the same manner as regular ordinances.

14. SUSPENSION AND AMENDMENT OF THESE RULES
Except as required by State law, any provision of these Rules not mandated by the Norco Municipal Code, or the California Government Code may be temporarily suspended by a majority vote of th Page 205 of 231 e Councilmembers who are present. These Resolution No. 2023-53, Amending City Council Rules and Procedures

Rules may be amended by additions or deletions, or new rules adopted by a majority vote of the members of the Council, provided the proposed amendment or new rules are introduced into the record and properly agendized at a prior Council meeting.

PASSED AND ADOPTED by the City Council of the City of Norco at a regular meeting held on August 16, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, City Clerk of the City of Norco, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California at a regular meeting hereof held on August 16, 2023, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 16, 2023.
___________________________
Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: August 16, 2023 Agenda Item:

6.A.

To: Honorable Mayor and City Council Members
Prepared By: Catherine Fiore, Code Enforcement Supervisor Department: Planning
SUBJECT:

Public Hearing for First Reading: Ordinance 1099: Code Amendment 2023-05(City of Norco), a City initiated amendment to the Norco Municipal Code, Title 1 – "General Provisions", Chapter 1.05 – ”Administrative Citations”, to align with Government Code 36900 with respect to fine schedules, with fines imposed for Building Code violations and Short Term Rentals to be assessed at higher levels than General violations; Ordinance 1100: Code Amendment 2023-06 (City of Norco), a City initiated amendment to the Norco Municipal Code, Title 6 – “Health and Sanitation”., Chapter 6.22 – “Public Nuisance Abatement”, to adopt a process for immediate issuance of a Notice to Abate; to change the process for a hearing to occur; and to permit summary abatement by the City of hazardous nuisances on private property; and Ordinance 1101: Code Amendment 2023- 07 (City of Norco), a City initiated amendment to the Norco Municipal Code Title 15 – “Building and Construction”, Chapter 15.01 - Administrative Provisions for Title 15" and to Chapter 15.06 – “Housing Code”, to replace the Housing Code with the 2021 International Property Maintenance Code, which will now include the Housing Code and Dangerous Buildings Code.

RECOMMENDATION:

Adopt Ordinance No.1099, First Reading, approving Code Amendment 2023-05; Adopt Ordinance No.1100, First Reading, approving Code Amendment 2023-06; and Adopt Ordinance No. 1101, First Reading, approving Code Amendment 2023-07.

SUMMARY:

The proposed Code amendments are follow-up items to the Code Compliance/Enforcement improvement program reviewed by the City Council on March 1, 2023. The Code amendments are part of the recommended improvement measures to enable Code Enforcement to expeditiously perform abatement of public nuisances, and building and construction violations.

BACKGROUND:

An assessment of the existing Code Compliance/Enforcement program was completed earlier this year, with the ultimate goal of increasing the efficiency and effectiveness of the Code Enforcement Division. A presentation of the results of the assessment and the improvement measures were made to the City Council on March 1 2023. Among the improvements measures were amendments to the Norco Municipal Code (NMC) for a more efficient process of nuisances and Code violation abatement. The proposed Code amendments are in line with the Code Enforcement assessment and improvements measures.

The following is a summary of the notable proposed changes:
• Code Amendment 2023-05, will amend NMC, Title 1 – General Provisions, amending Chapter 1.05 – ”Administrative Citations”. Section 1.05.030, to align with Government Code 36900 with respect to fine schedules, with fines imposed for building Code violations and Short Term Rentals to be assessed at higher levels than general violations. Currently all violations default to the general fines - $100, $200 and $500 for the first, second, and for each additional violations respectively. With the proposed Code amendment, fines would go up to $130, $700 and $1,300 for building code violations, and $1,500, $3,000 and $5,000 for short term rental violations for the first, second, and for each additional violations respectively.
• Code Amendment 2023-06, will amend Title 6, Chapter 6.22, specifically Section

6.22.35 - to adopt a process for immediate issuance of a Notice to Abate, to change the process for a hearing to occur, and to permit summary abatement by the City of hazardous nuisances on private property. Currently, the Code only addresses abatement for the public right-of-way; and
• Code Amendment 2023-07, will amend NMC Title 15 – “Building and Construction”, to adopt the International Property Maintenance Code 2021 and replace the current Housing Code. The current Housing Code does not provide enough enforcement power because it does not cover the Dangerous Buildings Abatement and does not cover all property maintenance violations; however, the International Property Maintenance Code covers all of the above.

For ease of review, final draft amendments with redlined text (as needed) for Titles 1, 6 and 15 have been included in the proposed Ordinances attached to this report.

The Planning Commission did not review the proposed Code amendments as they do not affect nor make changes to the Zoning Code. The proposed Code amendments are inline with the recent Code Enforcement improvement assessment and improvement measures, and will provide the necessary enforcement power for the removal of public nuisances that are detrimental to the public convenience, health, safety, and general welfare in the City of Norco.

FISCAL IMPACT:

While this is not the goal of the ordinance, there may be some increase in revenues from fines for violations of Building Code violations and for Short Term Rentals.

With regard to abatements, an abatement fund in the amount of $100,000 had been established in the FY 2023/24 budget, which will cover the abatement of public nuisances upfront, but which costs will be recovered in the process.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan Direction No. 1 - Public Health, Safety and Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Ordinance 1099 for Code Amendment 2023-05 , Title 1, Chapter 1 Ordinance 1100 for Code Amendment 2023-06 , Title 6, Chapter 6 Ordinance 1101 for Code Amendment 2023-07 Title 15, Chapter 15

ORDINANCE NO. 1099

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2023-05: A CITY
INITIATED AMENDMENT TO THE NORCO MUNICIPAL CODE, TITLE 1 – “GENERAL PROVISIONS”, AMENDING CHAPTER 1.05 –
”ADMINISTRATIVE CITATIONS”, TO ALIGN WITH GOVERNMENT CODE 36900 WITH RESPECT TO FINE SCHEDULES, WITH FINES IMPOSED FOR

BUILDING CODE VIOLATIONS AND SHORT TERM RENTALS TO BE

ASSESSED AT HIGHER LEVELS THAN GENERAL VIOLATIONS
WHEREAS, the CITY OF NORCO initiated Code Amendment 2023-05, a proposal to amend the Norco Municipal Code, Title 1 – "General Provisions", amending Chapter 1.05 – ”Administrative Citations, relating to administrative citations; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on August 2, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, said Code Amendment was not heard but continued to the meeting of August 16, 2023; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment; and WHEREAS, Said Code amendment is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378.

NOW, THEREFORE, the City Council of the City of Norco, California, does hereby make the following FINDINGS AND DETERMINATION:

I. FINDINGS.

A. The proposed Code amendment is a follow-up item to the Code Compliance/Enforcement improvement program reviewed by the City Council on March 1, 2023. The Code amendments are part of the recommended improvement measures to enable Code Enforcement to expeditiously perform abatement of public nuisances and building and construction violations.

B. The proposed Code Amendment will provide for a more efficient and effective process of nuisances and Code violation abatement.

C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendments will enable

Ordinance No. 1099 - Zone Code Amendment 2023-05
September 6, 2023

the removal of public nuisances that are detrimental to the public convenience, health, safety, or general welfare of the City.

II. DETERMINATION:

NOW THEREFORE, the City Council of the City of Norco, California, does hereby approve as follows:

SECTION 1:

Norco Municipal Code, Title 1 – “General Provision”, Chapter 1.05 - “Administrative Citations, Sections 1.05.030 and 1.05040 are hereby amended to read as follows” (additions are in red and eliminations are in red and crossed out):

1.05.030 AUTHORITY
A. Any person violating any provision of the Norco Municipal Code or applicable State Code may be issued an Administrative Citation by an Enforcement Officer as provided in this Chapter. A violation of this Code includes, but is not limited to, all violations of the Municipal Code, the Uniform Codes adopted by the City Council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code.

B. Each and every day a violation of the Municipal Code or applicable State Code exists constitutes a separate and distinct offense.

C. A civil fine shall be assessed by means of an Administrative Citation issued by the Enforcement Officer and shall be payable directly to the City of Norco.

D. Fines shall be assessed in the amounts specified in this Chapter, as adopted by the City Council as:
(a) General violations: A fine not exceeding one hundred dollars ($100.00) for a first violation; a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within three years from the date of the first violation; a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance or permit within three years from the date of the first violation.
(b) Building Code violations: A fine not exceeding one hundred thirty dollars ($130.00) for a first violation; a fine not exceeding seven hundred dollars ($700.00) for a second violation of the same ordinance or permit within three years from the date of the first violation; a fine not exceeding one thousand three hundred dollars ($1300.00) for each additional violation of the same ordinance or permit within three years from the date of the first violation.
(c) Short-Term Rental violations: A fine not exceeding one thousand five hundred dollars ($1500.00) for a first violation; a fine not exceeding three thousand dollars ($3000.00) for a second violation of the same ordinance or permit within three

Ordinance No. 1099 - Zone Code Amendment 2023-05
September 6, 2023

years from the date of the first violation; a fine not exceeding five thousand dollars ($5000.00) for each additional violation of the same ordinance or permit within three years from the date of the first violation.

E. Fines collected resulting from enforcement of Norco Municipal Code Administrative Citation violations will be placed in the General Fund and used solely for the purpose of the code enforcement program in order to ensure and maintain the character and well being of the City of Norco.

1.05.040 SERVICE PROCEDURES
A. An Administrative Citation on a form approved by the City Manager or Police Chief his duly authorized representative may be issued to the responsible person by an Enforcement Officer for violations of the Municipal Code or applicable State Code in the following manner:
(1) Personal Service. In any case where an Administrative Citation is issued:
i. The Enforcement Officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the Administrative Citation.
ii. If the responsible person served refuses or fails to sign the Administrative Citation, the failure or refusal to sign shall not affect the validity of the Administrative Citation or of subsequent proceedings.

A. Personal Service. In any case where an Administrative Citation is issued:
(1) The Enforcement Officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the Administrative Citation.
(2) If the responsible person served refuses or fails to sign the Administrative Citation, the failure or refusal to sign shall not affect the validity of the Administrative Citation or of subsequent proceedings.

SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

Ordinance No. 1099 - Zone Code Amendment 2023-05
September 6, 2023

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held September 6, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on August 16, 2023, and thereafter at a regular meeting of said City Council duly held on September 6, 2023, it was duly passed and adopted by the following roll call vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on September 6, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

ORDINANCE NO. 1100

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2023-06: A CITY
INITIATED AMENDMENT TO THE NORCO MUNICIPAL CODE, TITLE 6 – “HEALTH AND SANITATION”, CHAPTER 6.22 – “PUBLIC NUISANCE ABATEMENT”, TO ADOPT A PROCESS FOR IMMEDIATE ISSUANCE OF A NOTICE TO ABATE; TO CHANGE THE PROCESS FOR A HEARING TO OCCUR; AND TO PERMIT SUMMARY ABATEMENT BY THE CITY OF
HAZARDOUS NUISANCES ON PRIVATE PROPERTY.

WHEREAS, the CITY OF NORCO initiated Code Amendment 2023-06, a proposal to amend Title 6 – “Health and Sanitation”., Chapter 6.22 – “Public Nuisance Abatement”, relating to public nuisance abatement on private property; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on August 2, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, said Code Amendment was not heard but continued to the meeting of August 16, 2023; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment; and WHEREAS, Said Code amendment is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378.

NOW, THEREFORE, the City Council of the City of Norco, California, does hereby make the following FINDINGS AND DETERMINATION:

I. FINDINGS.

A. The proposed Code amendment is a follow-up item to the Code Compliance/Enforcement improvement program reviewed by the City Council on March 1, 2023. The Code amendments are part of the recommended improvement measures to enable Code Enforcement to expeditiously perform abatement of public nuisances and building and construction violations.

B. The proposed Code Amendment will provide for a more efficient and effective process of nuisances and Code violation abatement.

C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendments will enable

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September 6, 2023

the removal of public nuisances that are detrimental to the public convenience, health, safety, or general welfare of the City.

II. DETERMINATION:

NOW THEREFORE, the City Council of the City of Norco, California, does hereby approve as follows:

SECTION 1:

Title 6 (Health and Sanitation) of the Norco Municipal Code, Chapter 6.22 - “Public Nuisance Abatement”, Section 6.22.035 is hereby amended to read as follows” (additions are in red and eliminations are in red and crossed out):

6.22.035 Declaration of nuisance, weeds and debris in the public right-of-way or on private property
Whenever the City Manager, or his duly authorized representative, determines that any right-of-way or on private property within the City may be maintained contrary to one or more of the provisions of Section 6.22.010 and Chapter 12.18, then he shall deem the right of way or property a public nuisance and cause notice to the responsible party that enforcement will be escalated in such a manner as to provide summary abatement of the nuisance by the City. The responsible party may request a public hearing in order to appeal the decision. The process will be as follows:

A. Site inspection followed with a door knocker courtesy reminder with a posted Notice to Abate. Property owner has 10 days to comply.

B. Follow-Up Inspection. If property owner has not complied, a citation and fine will be issued at the amount set by the City Council.

C. Property owner has 10 days (or the time frame stated on the citation notice) to comply or appeal the citation per the procedures established on the citation notice.

D. If no action occurs within 10 days there is no second citation and the violation is declared a nuisance.

E. If the City Manager or designee concurs with the declaration of nuisance a notice of public hearing (administrative hearing/nuisance abatement hearing) is served on the property owner in the format and procedure provided in this chapter. (Ord. 1055 Sec. 1, 2019)
E. However, If the property owner files an appeal with request for public hearing within the prescribed time frame, the City Manager shall cause a notice of public

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hearing (administrative hearing/nuisance abatement hearing) in the format and procedure provided in this chapter. (Ord. 1055 Sec. 1, 2019) F. Public Hearing shall be held in accordance with the procedure provided in this chapter.

SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held September 6, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on August 16, 2023, and thereafter at a regular meeting of said City Council duly held on September 6, 2023, it was duly passed and adopted by the following roll call vote of the City Council:

AYES:

NOES:

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September 6, 2023

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on September 6, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

ORDINANCE NO. 1101

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2023-07: A CITY
INITIATED AMENDMENT TO THE NORCO MUNICIPAL CODE TITLE 15 – “BUILDING AND CONSTRUCTION”, CHAPTER 15.01 - ADMINISTRATIVE PROVISIONS FOR TITLE 15" AND TO CHAPTER 15.06 – “HOUSING CODE”, TO REPLACE THE HOUSING CODE WITH THE 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE, WHICH WILL NOW INCLUDE THE HOUSING CODE AND DANGEROUS BUILDINGS CODE.

WHEREAS, the CITY OF NORCO initiated Code Amendment 2023-07, a proposal to amend the Norco Municipal Code, Title 15 – “Building and Construction", replacing Chapter

15.06 – “Housing Code” with the 2021 International Property Maintenance Code; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on August 2, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, said Code Amendment was not heard but continued to the meeting of August 16, 2023; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment; and WHEREAS, Said Code amendment is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378.

NOW, THEREFORE, the City Council of the City of Norco, California, does hereby make the following FINDINGS AND DETERMINATION:

I. FINDINGS.

A. The proposed Code amendment is a follow-up item to the Code Compliance/Enforcement improvement program reviewed by the City Council on March 1, 2023. The Code amendments are part of the recommended improvement measures to enable Code Enforcement to expeditiously perform abatement of public nuisances and building and construction violations.

B. The proposed Code Amendment will provide for a more efficient and effective process of nuisances and Code violation abatement.

C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendments will enable the removal of public nuisances that are detrimental to the public convenience, health, safety, or general welfare of the City.

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II. DETERMINATION:

NOW THEREFORE, the City Council of the City of Norco, California, does hereby approve as follows:

SECTION 1:

Norco Municipal Code, Title 15 – “Building and Construction", Chapter 15.01 - Administrative Provisions for Title 15", Section 15.01.020 – “Code Adoption” Item A is hereby amended to read as follows” (additions are in red and eliminations are in red and crossed out):

15.01.020 Code adoption.

A. Subject to the particular additions, amendments and deletions set forth in this chapter, all the rules, regulations, provisions and conditions set forth in that certain document being marked and designated as the 2022 California Building Code, Chapter 1, Division II, are hereby adopted. The changes set forth herein are made to the 2022 Edition of the California Building Code as published by the International Code Council, and the 2021 Edition of the International Property Maintenance Code.

Title 15 – “Building and Construction" Chapter 15.06 – “Housing Code” is hereby replaced in its entirety with the 2021 International Property Maintenance Code to read as written in attached Exhibit “A” (additions are in red and eliminations are in red and crossed out):

SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held September 6, 2023.

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September 6, 2023

__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on August 16, 2023, and thereafter at a regular meeting of said City Council duly held on September 6, 2023, it was duly passed and adopted by the following roll call vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on September 6, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachment: Exhibit A: Chapter 15.06 – 2021 International Property Maintenance Code

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Exhibit A
Chapter 15.06
HOUSING CODE (deleted and replaced by)

INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:

15.06.010 Title.

15.06.020 Code adoption.

15.06.030 Administration.

15.06.190 Amendment – Section 101.1 Title (IPMC, 2021 Edition)

15.06.200 Amendment – Section 102.3 (IPMC, 2021 Edition)

15.06.210 Amendment – Section 102.7.1 (IPMC, 2021 Edition)

15.06.220 Amendment – Section 103.5 (IPMC, 2021 Edition)

15.06.230 Amendment – Section 104.3 (IPMC, 2021 Edition)

15.06.240 Amendment – Section 107.4 (IPMC, 2021 Edition)

15.06.250 Amendment – Section 107.7 (IPMC, 2021 Edition)

15.06.260 Amendment – Section 108.1 (IPMC, 2021 Edition)

15.06.270 Amendment – Section 108.1.4 (IPMC, 2021 Edition)

15.06.280 Amendment – Section 108.2 (IPMC, 2021 Edition)

15.06.290 Amendment – Section 108.3 (IPMC, 2021 Edition)

15.06.300 Amendment – Section 108.4 (IPMC, 2021 Edition)

15.06.310 Amendment – Section 108.5 (IPMC, 2021 Edition)

15.06.320 Amendment – Section 108.7 (IPMC, 2021 Edition)

15.06.330 Amendment – Section 111.1 (IPMC, 2021 Edition)

15.06.340 Amendment – Section 112.4 (IPMC, 2021 Edition)

15.06.350 Amendment – Section 202 (IPMC, 2021 Edition)

15.06.360 Amendment – Section 202 (IPMC, 2021 Edition)

15.06.370 Amendment – Section 302.1 (IPMC, 2021 Edition)

15.06.380 Amendment – Section 302.2 (IPMC, 2021 Edition)

15.06.390 Amendment – Section 302.4 (IPMC, 2021 Edition)

15.06.400 Amendment – Section 302.8 (IPMC, 2021 Edition)

15.06.410 Amendment – Section 303.2 (IPMC, 2021 Edition)

15.06.420 Amendment – Section 304.14 (IPMC, 2021 Edition)

15.06.430 Amendment – Section 304.15 (IPMC, 2021 Edition)

15.06.440 Amendment – Section 304.16 (IPMC, 2021 Edition)

15.06.450 Amendment – Section 304.18.2 (IPMC, 2021 Edition)

15.06.460 Amendment – Section 305.1 (IPMC, 2021 Edition)

15.06.470 Amendment – Section 305.6 (IPMC, 2021 Edition)

15.06.480 Amendment – Section 307.1 (IPMC, 2021 Edition)

15.06.490 Amendment – Section 309.1 (IPMC, 2021 Edition)

15.06.500 Amendment – Section 309.2 (IPMC, 2021 Edition)

15.06.510 Amendment – Section 309.3 (IPMC, 2021 Edition)

15.06.520 Amendment – Section 404.4.1 (IPMC, 2021 Edition)

15.06.530 Amendment – Section 505.4 (IPMC, 2021 Edition)

15.06.540 Amendment – Section 602.2 (IPMC, 2021 Edition)

15.06.550 Amendment – Section 602.3 (IPMC, 2021 Edition)

15.06.560 Amendment – Section 602.4 (IPMC, 2021 Edition)

15.06.570 Amendment – Section 702.1 (IPMC, 2021 Edition)

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15.06.040 600 Violation—Penalty.

15.06.010 Title.

This chapter shall be cited as the “housing code of the City of Norco “property maintenance code of the City of Norco” and any reference in the City’s municipal code or any chapter thereof to the California Housing Code International Property Maintenance Code, or other housing code, refers and applies to this chapter. (Ord. 937 Sec. 6 (Exh. F), 2011)

15.06.020 Code adoption.

Subject to the particular additions, amendments and deletions set forth in this chapter, all the rules, regulations, provisions and conditions set forth in that certain document being marked and designated as 1997 Uniform Housing Code 2021 International Property Maintenance Code are hereby adopted as the housing code property maintenance code of the City of Norco.

One certified copy of the 1997 Uniform Housing Code 2021 International Property Maintenance Code shall be kept on file in the office of the City Clerk of the City of Norco, and any and all references thereto are adopted as the housing code property maintenance code of the City of Norco, subject to the changes contained in this chapter. Each and all of the regulations, provisions, penalties, conditions and terms thereof are referred to, adopted and made a part of this chapter, as though fully set forth at length. (Ord. 937 Sec. 6 (Exh. F), 2011)

15.06.030 Administration.

The administrative procedures as adopted in Chapter 15.01 shall apply to this chapter. (Ord. 937 Sec. 6 (Exh.

F), 2011)

15.06.190 Amendment – Section 101.1 (IPMC, 2021 Edition) Section 101.1 is hereby replaced in its entirety with the following:

Section 101.1 Title. These regulations shall be known as The City of Norco International Property Maintenance Code.

15.06.200 Amendment – Section 102.3 (IPMC, 2021 Edition) Section 102.3 is hereby replaced in its entirety with the following:

Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Code of Regulations as amended and adopted by The City of Norco or Title 25 inclusive of the State Housing Law.

15.06.210 Amendment – Section 102.7.1 (IPMC, 2021 Edition) Section 102.7.1 is hereby replaced in its entirety with the following:

Section 102.7.1 Conflicts. Where conflicts occur between provisions of this code, and the California Code of Regulations as amended and adopted by The City of Norco Municipal Code, or Title 25, the most restrictive shall govern.

15.06.220 Amendment – Section 103.5 (IPMC, 2021 Edition) Section 103.5 is hereby replaced in its entirety with the following:

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Section 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under the IPMC shall be per the most recent adopted fee schedule adopted by the City of Norco City Council.

15.06.230 Amendment – Section 104.3 (IPMC, 2021 Edition) Section 104.3 is hereby amended as follows:

Section 104.3 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. Any and all costs incurred by the city in connection with securing lawful entry to a structure or premise including but not limited to, costs of investigation, staffing costs incurred in the preparation of warrants, and all subsequent costs necessary to enforce compliance with the provisions of this Code may be recovered including late payment charges and costs of collection by use of any and all available legal means.

Justification:

1. To clarify the process of cost recovery where the Right of Entry for inspection of a premise or structure is refused.

15.06.240 Amendment – Section 107.4 (IPMC, 2021 Edition) Section 107.4 is hereby replaced in its entirety with the following:

Section 107.4 Unauthorized tampering. Placards, notices, signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with, or removed without authorization from the code official. Any person violating this subsection shall be guilty of a misdemeanor.

Justification

1. To include the terms " Notices" and " Placards" referenced in 2021 IMPC 108.3 & 108.4 and comply with 1997 Uniform Housing Code Sec. 1104.2 and 1997 Abatement of Dangerous Buildings Section 404.1.

15.06.250 Amendment – Section 107.7 (IPMC, 2021 Edition) Section 107.7 is hereby added as follows:

Section 107.7 Recordation of Notices and Orders. If compliance with the order is not achieved within the time specified therein, and no appeal has been properly and timely filed, the code official is authorized to file in the office of the county recorder a certificate describing the property and certifying (i) that the premise, building, structure or building service equipment is in violation of this code or the technical codes and (ii) that the owner has been so notified. Whenever the ordered corrections have been completed and the violations no longer exist on the property described in the certificate, the code official shall issue a new certificate certifying that all required corrections have been made.

Justification:

1. To comply with the recordation guidelines in the 1997 Abatement of Dangerous Buildings code Section 402.

15.06.260 Amendment – Section 108.1 (IPMC, 2021 Edition)

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Section 108.1 is hereby amended as follows:

Section 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

Justification:

The section focused on condemnation only, revised it to more closely follow the language from Section 202 of the Dangerous Building Code.

15.06.270 Amendment – Section 108.1.4 (IPMC, 2021 Edition) Section 108.1.4 is hereby amended as follows:

Section 108.1.4 Unlawful structure. An unlawful structure is; one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to law; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

Justification:

1. To include a portion of 1997 Dangerous Building Code Section 302 (18)

15.06.280 Amendment – Section 108.2 (IPMC, 2021 Edition) Section 108.2 is hereby amended as follows:

Section 108.2 Unsafe Equipment. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.

Justification:

1. The section referenced posting the structure for condemnation only however we post several different types of placards.

15.06.290 Amendment – Section 108.3 (IPMC, 2021 Edition) Section 108.3 is hereby amended as follows:

Section 108.3 Notice. Whenever the code official posts a structure, equipment or premise under the provisions of this section, the posting shall be in a conspicuous place in or about the affected structure, equipment or premise and a notice in the form specified in Section 107.2 shall be served on the owner, owner’s authorized agent or the person or persons responsible for the structure, equipment or premise.

If the posting pertains to equipment, it shall also be placed on the equipment. The notice shall be in the form prescribed in Section 107.2.

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Justification:

1. The section focused on posting structures or equipment for condemnation only however we use various types of posting.

15.06.300 Amendment – Section 108.4 (IPMC, 2021 Edition) Section 108.4 is hereby replaced in its entirety with the following:

Section 108.4 Posting and placarding. When the code official determines a structure, equipment or premise has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of this code and the structure, equipment or premise constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premise in a conspicuous place in or about the affected structure, equipment or premise. The placard shall clearly state the code official’s Order regarding the structure, equipment or premise, and specify the conditions which necessitated the posting.

Justification:

1. The section focused on posting structures or equipment for condemnation only however we use various types of posting.

15.06.310 Amendment – Section 108.5 (IPMC, 2021 Edition) Section 108.5 is amended as follows:

Section 108.5 Prohibited Occupancy. It shall be unlawful for any person, owner, owner’s authorized agent or person responsible for the premise to occupy or allow to be occupied a placarded structure or premise or operate placarded equipment in violation of the code official’s posted order.

Justification:

1. The section focused on posting structures or equipment for condemnation only however we use various types of posting.

15.06.320 Amendment – Section 108.7 (IPMC, 2021 Edition) Section 108.7 is amended as follows:

Section 108.7 Recordation of notice and order. If the dangerous, damaged or substandard building is not repaired or demolished by the owner within the prescribed time(s), and no appeal has been properly and timely filed, the code official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building and (ii) that the owner has been so notified, if such recordation has not already been made during the course of the proceedings.

Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building described in the certificate, the code official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.

15.06.330 Amendment – Section 111.1 (IPMC, 2021 Edition) Section 111.1 is appended to add the following sentence:

Section 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully

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apply, or the requirements of this code are adequately satisfied by other means. In order for the application for appeal to be valid, payment of the appeal hearing fee must be received at the time of the application for appeal is submitted to the city.

15.06.340 Amendment – Section 112.4 (IPMC, 2021 Edition) Section 112.4 is hereby replaced in its entirety with the following:

Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order is in violation of this code shall receive a penalty per IMPC Section 106.4.

15.06.350 Amendment – Section 202 (IPMC, 2021 Edition)
Section 202 is amended as follows:

Section 202 Garbage. Garbage shall be defined pursuant to Norco Municipal Code Section 6.42.010.

Justification:

1. Norco Municipal Code Section 6.42.010 has already defined this term.

15.06.360 Amendment – Section 202 (IPMC, 2021 Edition)
Section 202 is amended as follows:

Section 202 Rubbish. Rubbish shall be defined pursuant to Norco Municipal Code Section 6.42.010.

Justification:

1. Norco Municipal Code Section 6.42.010 has already defined this term.

15.06.370 Amendment – Section 302.1 (IPMC, 2021 Edition) Section 302.1 is amended as follows:

Section 302.1 Sanitation. The property exterior and premises shall be maintained by the property owner in a clean, safe, and sanitary condition. In residential zones, accumulations of building materials, junk, rubbish, garbage, debris, scrap materials, boxes or similar storage containers, household items or residential belonging or similar objects, except items designed for exterior use such as lawn furniture, shall not be stored or maintained in the front yard area or unenclosed patios, porches or areas visible from any street or public way or accessible to the public for a period of time in excess of seventy –two consecutive hours. Property owners shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The owner of any building lot or premises within the City where a business, trade or profession has established a fixed place of business pursuant to Norco Municipal Code section 8.04, shall also comply with the requirements of Title 8 of the Municipal Code.

Justification:

1. The property owner is always held responsible for the proper maintenance of their property.

This also sets a standard and time-frame that exterior storage is allowed in residential zones and refers user to Title 8 for specific requirements for commercial uses/properties.

15.06.380 Amendment – Section 302.2 (IPMC, 2021 Edition) Section 302.2 is hereby appended with the following:

Section 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located

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thereon. Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

Justification:

1. To comply with 2022 California Building Code Section J109.4

15.06.390 Amendment – Section 302.4 (IPMC, 2021 Edition) Section 302.2 is amended as follows:

Section 302.4 Weeds. The term shall be replaced by “Weeds in accordance with The City of Norco Municipal Code Sections 9.40.010.”

15.06.400 Amendment – Section 302.8 (IPMC, 2021 Edition) Section 302.8 is hereby appended as follows:

Section 302.8 Motor Vehicles. Add sentence to paragraph: “Refer to Norco Municipal Code Chapter

6.24 for vehicle abatement and removal regulations.”

15.06.410 Amendment – Section 303.2 (IPMC, 2021 Edition) Section 303.2 is hereby amended with the following:

Section 303.2. Enclosures. Except as provided for in other regulations, private swimming pools, hot tubs, spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier 60 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such
barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that reduces its effectiveness as a safety barrier.

Exception: Pool fences or barriers that do not meet the above minimum requirements can remain as long as the fence or barrier complied with the building code provisions at time of building permit and passed the final inspection from the city.

Justification:

1. To comply with the guidelines of the 2019 California Building Code Section 3119B and the Swimming Pool Safety Act of the California Health & Safety Code Section 115920.

15.06.420 Amendment – Section 304.14 (IPMC, 2021 Edition) Section 304.14 is hereby amended with the following:

Section 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

15.06.430 Amendment – Section 304.15 (IPMC, 2021 Edition)

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Section 304.15 is hereby amended with the following:

Section 304.15 Doors. All exterior doors, door assemblies including weather stripping, thresholds, and hardware shall be maintained in good condition.

Justification

1. To comply with California Health and Safety Code Section 17920. 3.

15.06.440 Amendment – Section 304.16 (IPMC, 2021 Edition) Section 304.16 is hereby amended with the following:
304.16 Under-Floor areas. Under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion-resistant wire mesh having openings not exceeding 1/4 inch and minimum of 1/8 inch in any dimension or alternate approved materials pursuant to 2019 CBC 1202. 4. 1.

Justification:

1. To comply with California Health and Safety Code Section 17920.

15.06.450 Amendment – Section 304.18.2 (IPMC, 2021 Edition) Section 304.18.2 is hereby amended with the following:
304.18.2 Windows. Operable windows that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device when they are located in whole or in part within 12 feet above ground level or walking surface or 6 feet horizontally from the ground, a roof, or any other platform.

Justification

1. To comply with California Civil Code Section 1941. 3(a) 2.

15.06.460 Amendment – Section 305.1 (IPMC, 2021 Edition) Section 305.1 is hereby amended with the following:
305.1 General. The interior of a structure and equipment therein including but not limited to cabinets, counters and hardware shall be maintained in good repair, structurally sound and in a sanitary condition.

Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

Justification:

1. To comply with California Health and Safety Code Section 17920.3(a) 14

15.06.470 Amendment – Section 305.6 (IPMC, 2021 Edition) Section 305.6 is hereby amended with the following:
305. 6 Interior Doors. Every interior door and hardware shall be properly installed and maintained in a workmanlike manner and capable of being opened, closed and latched.

Ordinance No. 1101 - Zone Code Amendment 2023-07
September 6, 2023

Every interior door shall fit reasonably well within its frame and shall be securely attached to the jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

Justification:

1. To comply with California Health and Safety Code Section 17920.3(a) 14

15.06.480 Amendment – Section 307.1 (IPMC, 2021 Edition) Section 307.1 is hereby replaced in its entirety with the following:

Section 307.1 General. Handrails and guards shall be constructed and maintained in accordance with the California Code they were permitted under.

15.06.490 Amendment – Section 309.1 (IPMC, 2021 Edition) Section 309.1 is hereby amended with the following:
309.1 Infestation. All structures shall be kept free from insect, rodent and vermin infestation. When an insect, rodent or vermin infestation is brought to the attention of the code official, he or she may require the owner or owner’s authorized agent having charge or control of the building, lot or premise to hire a licensed exterminator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination of the infestation. All structures in which insect, rodent or vermin infestations are found, shall be promptly exterminated by approved processes that will not be injurious to human health. After the extermination of the infestation is complete, the code official may request a written notice from the licensed exterminator or other qualified profession attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

Justification:

1. California Health and Safety Code Sec 17920.3(12) states "Infestation of insects, vermin, or rodents as determined by the health officer." renders dwelling units substandard. The language has been amended to clarify the process.

15.06.500 Amendment – Section 309.2 (IPMC, 2021 Edition) Section 309.2 is hereby amended with the following:
309.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. The owner of a structure or premise containing a dwelling unit, multiple occupancy, rooming house or a nonresidential structure shall be responsible for maintaining the structure and premise in a rodent and/ or pest -free condition. If an infestation is caused by an occupant substantially failing to properly maintain their occupied area of the structure or premise as clean and sanitary as the condition of the structure or premise permits". For as long as the occupants failure either substantially causes an unlivable condition to occur, or substantially interferes with the owners ability to repair the condition, the owner does not have to repair the condition. Where the infestation is caused by defects in the structure, the owner shall be responsible for extermination.

Justification:

1. To agree with California Civil Code Section 1941. 2(a)

15.06.510 Amendment – Section 309.3 (IPMC, 2021 Edition) Delete Sections 309.3 Single Occupant through Section 309.5 Occupant in their entirety:

Ordinance No. 1101 - Zone Code Amendment 2023-07
September 6, 2023

Justification:

1. To comply with the California Tenants Handbook guidelines.

15.06.520 Amendment – Section 404.4.1 (IPMC, 2021 Edition) Section 404.4.1 is hereby amended with the following:

Section 404.4.1 Room Area. Every habitable room except kitchens shall contain not less than 70 square feet ( 6. 5 m2) and every bedroom shall contain not less than 70 square feet ( 6. 5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof.

Justification:

1. This section revised to comply with 2022 California Residential Code requirements of Section R304.

15.06.530 Amendment – Section 505.4 (IPMC, 2021 Edition) Section 505.4 is hereby amended with the following:

Section 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed unless the installation complies with Chapter 5 of the 2019 California Plumbing Code and Section 904.0 of the 2016 California Mechanical Code. An approved combination temperature and pressurerelief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

Justification:

1. To comply with 2022 California Residential code guidelines for temperature measurements and reference the requirements of the CPC and CMC.

15.06.540 Amendment – Section 602.2 (IPMC, 2021 Edition) Section 602.2 is hereby amended with the following:

Section 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per IPMC Section 602.5. Cooking appliances or fireplaces shall not be used, nor shall portable space heaters be used, as a means to provide required heating.

15.06.550 Amendment – Section 602.3 (IPMC, 2021 Edition) Section 602.3 is hereby amended with the following:

Section 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

15.06.560 Amendment – Section 602.4 (IPMC, 2021 Edition) Section 602.4 is hereby amended with the following:

Section 602.4 Occupiable workspaces. Indoor occupiable workspaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Ordinance No. 1101 - Zone Code Amendment 2023-07
September 6, 2023

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

15.06.570 Amendment – Section 702.1 (IPMC, 2021 Edition) Section 702.1 is hereby amended with the following:

Section 702.1 General: A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Building Code.

15.06.190 600 Violation—Penalty.

A. No person, firm, partnership, association or corporation shall violate any provisions of this chapter and any provisions of the codes, rules or regulations adopted in this title.

B. Any person, firm, partnership, association or corporation violating any of the provisions adopted in this title by reference, shall be guilty of an infraction, except where otherwise provided in this title. Any person violating a stop work order issued pursuant to the 2022 California Building Code, Chapter 1, Division II, Section 115.3, and the 2021 International Property Maintenance Code, Sections 109 and 110, shall be guilty of a misdemeanor.

Any person who continues to occupy or any person who enters a structure which has been posted “unsafe” by the Building Official pursuant to the 2022 California Building Code, Chapter 1, Division II, Section 116 and the 2021 International Property Maintenance Code, Sections 111, shall be guilty of a misdemeanor. Any person who maintains or fails to remove a structure which has been posted “unsafe” by the Building Official pursuant to the 2022 California Building Code, Chapter 1, Division II, Section 116 and the 2021 International Property Maintenance Code, Sections 111, shall be guilty of a misdemeanor.

C. Every person, firm, association or corporation violating any of the provisions of this chapter or provisions of the codes, rules or regulations adopted in this chapter by reference is guilty of a separate offense for each day or portion thereof during which the violation continues and shall be punishable therefor as provided in Section 1.05.030.

D. It is unlawful for any person, firm, partnership, corporation, association or joint venture, either as owner, architect, contractor, artisan or otherwise, to do or to cause or permit to be done any work as described in the California Building Standards Code as adopted by reference in this title in such a manner that such work does not conform to all the provisions of this title and the provisions of said California Building Standards Code, as so adopted by reference.