233
1. This is a cash transaction. If the Purchaser so requests prior to acceptance, the Cash Due on Delivery may be financed as a time sale transaction, subject to credit approval. If this transaction becomes a time sale, Purchaser agrees (1) to make payments pursuant to the Sonsray Machinery Accounts Receivable System Agreement, which is incorporated into this Purchase Order by reference, and (2) that Seller retains a security interest in the goads described herein until all obligations of Purchaser are paid in full and discharged.
2. When trade-in equipment is not to be delivered to the Seller until delivery of the equipment purchased by this order, the trade-in equipment may be reappraised at that time and such reappraisal value shall determine the allowance made for such trade-in equipment. When the reappraised value is less than the original trade-in allowance shown on this form, the purchaser may terminate this order; however, this right of termination must be exercised prior to delivery of the equipment by Seller and surrender of the trade-in equipment to Seller_
3. The prices which Purchaser will pay for the new equipment set forth on the reverse side hereof shall be based upon the Case dealer price in effect on date of delivery of the new equipment. In the event Case dealer's price is changed prior to delivery, the purchase price shall be adjusted accordingly. If such price change results in an increase, purchaser has the option of canceling the order in writing immediately on being notified thereof.
4. The Seller shall be excused if delivery is delayed or rendered impossible by differences with workmen, strikes, work stoppages, car shortages, delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of Seller, including but not restricted to acts of God, floods, fire, storms, acts of civil and military authorities, war and insurrections.
5. Purchaser shall keep the property free of all liens, taxes, encumbrances and seizure or levy, shall not use same illegally, shall not damage, abuse, misuse, abandon or lose said property, shall not part with possession thereof, whether voluntarily or involuntarily or transfer any interest therein or remove same out of the county or filing district in which Purchaser resides as indicated herein without the prior written consent of Seller, shall keep said property insured in such amounts and with such insurer as may be acceptable to Seller with any loss payable to Seller as his interest in the property may appear.
6. Time is of the essence of this contract and if purchaser fails to comply with any of the terms and conditions hereof or defaults in the payment of any installment hereunder or under any renewal or renewals hereof, or in the payment of interest or defaults in the payment of any installment due under any other indebtedness of contract held by the Seller or Assignee, or if proceedings are instituted against Purchaser under any bankruptcy or insolvency law or Purchaser makes an assignment for the benefit of creditors or if for any reason the Seller deems himself insecure and so declares all payments heretofore made by Purchaser shall be retained by the seller and all indebtedness hereunder shall become immediately due and payable, with or without notice, together with all expenses of collection by suit or otherwise, including reasonable attorney fees and Seller may, without notice or demand, take possession of the equipment set forth on the reverse hereof, or any additions to, replacements of, or any proceeds from said equipment or may render the property unusable or Seller may require Purchaser to assemble the property and make it available at a place designated by Seller_ Seller may resell the retaken property at public or private Sale in accordance with the Uniform Commercial Code or applicable state or provincial law. After deducting reasonable expenses for retaking, repairing, holding, preparing for sale, other selling expenses including attorney fees and legal expenses, the remaining proceeds of Sale shall be credited upon the amount of indebtedness remaining unpaid hereunder, and Purchaser agrees to pay any deficiency upon demand by Seller, any surplus, however, shall be paid to Purchaser. Said retaking or repossession shall not be deemed rescission of the contract. Seller may exercise any other rights and remedies provided by applicable law.
7. No waivers or modifications hereof shall be valid unless written upon or attached to this contract. Waiver or conditions of any breach or default hereunder shall not constitute a waiver of any other or subsequent breach or default. Payments received by Seller are to be applied first to delinquent interest and then to principal.
8. The remedies provided for herein are not exclusive and any action to enforce payment shalt not waive or affect any of the holder's rights to have recourse to the property. The transfer of this contract shall operate to pass a security interest in the property as security for the payment hereof.
9. Any provision of this contract prohibited by the laws of any state, the United States, any province of Canada, shall be ineffective to the extent of such prohibition without invalidating the remaining portions of the contract.
10. Each maker, endorser, guarantor and surety hereon severally waives presentment, demand protest, and notice of non-payment and all defenses of want of diligence in collection and bringing suit. This contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, personal representative, successors, and signs.
11. Buyer authorizes Seller to insert the Serial and/or model numbers of the goods set forth on the reverse side hereof for the purposes of identifying said goods. The seller may correct patent errors herein.
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CASE
CONSTRUCTION,
Sourcewell - Construction Equipment Contract
Contract Number: 011723 - CNH
Contract Period: 04/04/2023 - 04/14/2027
Pricing Revised:
Eligible Customers: All Sourcewell members in United States 5/20/2024
Members Include:
Government
Education (K-12 and higher)
Non-profit agencies
States that have adopted the contract (see
below)
States that have Adopted Sourcewell as their
term contract:
New York PC6265
Delaware GSS15750-Equip_HD
Arkansas 4600046991
Washington Master Contract 01020
Ohio RSC008252
Member list: https://www.sourcewell-mn.gov/member-lookup Need to Join?
https://sourcewell-mn.gov/
Member #
4652
38542
1089
888
956
CONTRACT DETAILS
Contract Pricing
Specified discount off List Price/MSRP plus freight and setup and local delivery. Also surcharge but this must be placed on a separate line item. These discounts are not allowed with wholesale and/or retail discount(s).
Multiple Unit Discount
Not applicable.
Third Party Items
Allowed. Third party equipment and/or accessories must be listed on individual line(s) below the contract items.
Trade -In
Allowed. The value is determined by the agency and the local dealer.
Payment
Contact your local Case CE dealer for payment options.
Dealer Locator Tool
https://www.casece.com/northamerica/en-us/resources/dealer-locator 235
CASE
CONSTRUCTION
See www.casece.com for product information
SOURCEWELL PRICE LIST DISCOUNTS-- New Contract 011723 Valid until 04/14/2027 Pricing Revised:
5/20/2024
FOR USA MARKET ONLY
PRODUCT / MODEL
PRICE LIST (Updated)
USA SOURCEWELL MEMBER
DISCOUNT OFF LIST PRICE
TRACTOR LOADER
570N EP Current Pricing 21.00%
TRACTOR LOADER BACKHOE
575N EP
Current Pricing
27.00%
580SN
Current Pricing
28.00%
580SN WT
Current Pricing
28.00%
580SV
Current Pricing
28.00%
590SN
Current Pricing
28.00%
695SV
Current Pricing
28.00%
580EV
Current Pricing
30.00%
FORKLIFT
586H
Current Pricing
20.00%
588H
Current Pricing
20.00%
Compact Dozer Loader
DL550 Current Pricing 16.00%
CRAWLER DOZER
650M
Current Pricing
21.00%
750M
Current Pricing
27.00%
850M
Current Pricing
27.00%
1150M
Current Pricing
27.00%
1650M
Current Pricing
27.00%
2050M
Current Pricing
23.00%
COMPACT WHEEL LOADER
21F
Current Pricing
18.00%
121F
Current Pricing
21.00%
221F
Current Pricing
21.00%
321F
Current Pricing
21.00%
WHEEL LOADER
521G
Current Pricing
28.00%
621G
Current Pricing
29.00%
651G
Current Pricing
29.00%
721G
Current Pricing
29.00%
821G
Current Pricing
29.00%
921G
Current Pricing
29.00%
1021G
Current Pricing
23.00%
1121G
Current Pricing
23.00%
Freight FOB North America plant or import distribution location.
CASE CE dealer can add delivery freight and PDI costs.
Price quotes only valid for 30 days (maximum).
236
CASE
CONSTRUCTION
See www.casece.com for product information
SOURCEWELL PRICE LIST DISCOUNTS-- New Contract 011723 Valid until 04/14/2027 Pricing Revised:
5/20/2024
FOR USA MARKET ONLY
PRODUCT / MODEL
PRICE LIST (Updated)
USA SOURCEWELL MEMBER
DISCOUNT OFF LIST PRICE
COMPACT TRACK LOADER
TR270
Current Pricing
22.00%
TR310
Current Pricing
18.00%
TR340
Current Pricing
18.00%
TV370
Current Pricing
18.00%
TV450
Current Pricing
18.00%
TV620
Current Pricing
18.00%
COMPACT EXCAVATOR 7.
CX15EV
Current Pricing
17.00%
CX17C
Current Pricing
17.00%
CX26C
Current Pricing
17.00%
CX30C
Current Pricing
17.00%
CX37C
Current Pricing
17.00%
CX42D
Current Pricing
17.00%
CX50D
Current Pricing
17.00%
CX57C
Current Pricing
17.00%
CX60C
Current Pricing
17.00%
EXCAVATOR
CX75C
Current Pricing
18.00%
CX80C
Current Pricing
18.00%
CX140E
Current Pricing
18.00%
CX145D
Current Pricing
18.00%
CX170E
Current Pricing
18.00%
CX190E
Current Pricing
18.00%
CX220E
Current Pricing
18.00%
CX245D
Current Pricing
18.00%
CX260E
Current Pricing
18.00%
CX290D
Current Pricing
18.00%
CX300E
Current Pricing
18.00%
CX350D
Current Pricing
18.00%
CX365E
Current Pricing
18.00%
CX490D
Current Pricing
18.00%
CX500D
Current Pricing
18.00%
CX750D
Current Pricing
18.00%
SKID STEER LOADER
SR160
Current Pricing
16.00%
SR175
Current Pricing
18.00%
SV185
Current Pricing
18.00%
SR210
Current Pricing
18.00%
SR240
Current Pricing
18.00%
5R270
Current Pricing
18.00%
SV280
Current Pricing
19.00%
SV340
Current Pricing
22.00%
Freight FOB North America plant or import distribution location.
CASE CE dealer can add delivery freight and PDI costs.
Price quotes only valid for 30 days (maximum).
237
CASE
CONSTRUCTION,
See www.casece.com for product information
SOURCEWELL PRICE LIST DISCOUNTS-- New Contract 011723 Valid until 04/14/2027 Pricing Revised:
5/20/2024
FOR USA MARKET ONLY
PRODUCT / MODEL
PRICE LIST (Updated)
USA SOURCEWELL MEMBER
DISCOUNT OFF LIST PRICE
MOTOR GRADER
836C 4WD / AWD
Current Pricing
21.00%
856C 4WD / AWD
Current Pricing
21.00%
COMPACTION
DV23
Current Pricing
17.00%
DV26
Current Pricing
17.00%
DV36
Current Pricing
17.00%
DV45
Current Pricing
17.00%
DV209
Current Pricing
17.00%
DV210
Current Pricing
17.00%
SV207
Current Pricing
17.00%
SV211
Current Pricing
17.00%
SV213
Current Pricing
17.00%
SV215
Current Pricing
17.00%
SV217
Current Pricing
17.00%
PT240D
Current Pricing
17.00%
CNH Parts
Current Pricing
LIST PRICE
MINI TRACK LOADERS (MTLS)
TL100
Current Pricing
21.00%
SMALL ARTICULATED LOADERS (SALS)
SL12
Current Pricing
22.00%
SL12TR
Current Pricing
22.00%
SL15
Current Pricing
22.00%
SL22EV
Current Pricing
22.00%
SL23
Current Pricing
22.00%
SL27
Current Pricing
22.00%
SL27TR
Current Pricing
22.00%
SL35TR
Current Pricing
22.00%
SL50TR
Current Pricing
22.00%
WHEELED EXCAVATORS (WHEX)
WX140E
Current Pricing
25.00%
WX155E
Current Pricing
25.00%
WX160E
Current Pricing
25.00%
WX175E
Current Pricing
25.00%
WX210E
Current Pricing
25.00%
Freight FOB North America plant or import distribution location.
CASE CE dealer can add delivery freight and PDI costs.
Price quotes only valid for 30 days (maximum).
238
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 # 011723-CNH
Sourcewell
Solicitation Number: RFP # 011723
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and CNH Industrial America LLC, 700 State Street, Racine, WI 53404 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Heavy Construction Equipment with Related Attachments and Technology from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires April 14, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier's authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference.
It is the Supplier's responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier's Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
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Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax - exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Rev. 3/2022 3
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• Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government - owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity Rev. 3/2022 4
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payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e - commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
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• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should Rev. 3/2022 6
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note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty -free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier.
b. Supplier grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in Rev. 3/2022 8
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advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may:
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• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers' Compensation and Employer's Liability.
Workers' Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability -completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
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insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self -insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self -insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON -UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional Rev. 3/2022 13
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requirements based on specific funding source terms or conditions. Within this Article, all references to "federal" should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis -Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
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of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671O.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
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G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; Rev. 3/2022 16
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and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre -approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non -delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
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22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell CNH Industrial America LLC
DocuSigned by: DocuSigned by
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By:—COFD2A139D06489...
Jeremy Schwartz
Title: Chief Procurement Officer
ramci5wc{f
By. 7FCB6D1BF7F04C0...
Amy Swett
Title: Government & Fleet Sales Account
Manager —New Holland CE brand
4/4/2023 I 2:29 PM CDT 4/4/2023 I 2:31 PM CDT
Date: Date:
Approved:
DocuSigned by:
V"`n'..e. C Gil L
By: 7E42B8F817A64CC...
Chad Coauette
Title: Executive Director/CEO
Date:
4/4/2023 I 2:39 PM CDT
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DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 RFP 011723 - Heavy Construction Equipment with Related
Attachments and Technology
Vendor Details
Company Name: CNH Industrial America LLC
700 State Street
Address:
Contact:
Email:
Phone:
Fax:
HST#:
Submission Details
Created On:
Submitted On:
Submitted By:
Email:
Transaction #:
Submitter's IP Address:
Racine, WI 53404
Clint Jenkins
[email protected]
937-218-1701
877-764-1369
760433811
Wednesday November 16, 2022 13:07:37
Tuesday January 17, 2023 12:55:10
Amy Swett
[email protected]
a0423bfd-2f16-47ee-b66d-446ac499cd78
159.61.192.15
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 257
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond "N/A" if the question does not apply to you (preferably with an explanation).
Item
Question
Response *
1 Proposer Legal Name (one legal entity only):
(In the event of award, will execute the
resulting contract as "Supplier")
CNH Industrial America LLC
*
2 Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal.
CNH America LLC
*
3 Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
CNH Industrial America LLC does not have any assumed names or DBA. *
4 Provide your CAGE code or Unique Entity
Identifier (SAM):
10988 *
5 Proposer Physical Address:
700 State Street *
Racine, Wisconsin 53402
6 Proposer website address (or addresses):
https://www.cnhindustrial.com
https://www.casece.com *
https://construction.newholland.com
www.newholland.com
7 Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the "Proposer's Assurance of Compliance" on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
Amy Swett
Government & Fleet Sales Account Manager — New Holland CE brand 500 Diller Avenue
New Holland, PA 17557
[email protected]
717-715-2489
8 Proposer's primary contact for this proposal
(name, title, address, email address & phone):
Amy Swett
Government & Fleet Sales Account Manager — New Holland CE brand 500 Diller Avenue
New Holland, PA 17557
[email protected]
717-715-2489
9 Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):
Tony Simpson
Government Affairs
6021 State Street
Racine, WI 53142
262-631-0881
[email protected]
Table 2: Company Information and Financial Strength
Line
Item
Question
Response*
10 Provide a brief history of your company,
including your company's core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
The origins of Case date to 1842, when Jerome Increase Case (born in 1819) created Racine Threshing Machine Works in Racine, Wisconsin. The company produced its first portable steam engine in 1876, which is now on display at the Smithsonian Institution.
In 1957 Case made the 320 Construction King backhoe Ioader.Since 1969 Case has manufactured skid steers, starting in Burlington, Iowa and later moving production to Wichita.
The company evolved into the Case Corporation, which merged with New Holland in 1999 to become CNH Global which in 2011 became CNH Industrial.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 258
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 2005: Case made its 500,000th backhoe loader and in 2010 made its 250,000th skid steer loader.
2016: Case released the new G -Series wheel loader lineup consisting of seven new models from 521G thru 1121G.
2017: In its 175th year in business, Case announced its facility in Wichita produced its 300,000th skid -steer loader.
2017: At Conexpo-Con/Agg 2017 Case released the CX750D excavator.
As of May 2017, Case "sells a full line of construction equipment around the world, including the number one loader/backhoes, excavators, motor graders, wheel loaders, vibratory compaction rollers, crawler dozers, skid steers, compact track loaders and rough -terrain forklifts.
New Holland Construction was founded in 1895 in New Holland, Pennsylvania; in 1966 New Holland's first backhoe loader was introduced; in 2005 New Holland Construction Brand was created with a global full -line product offering of Skid steer loaders, compact track loaders, tractor loader backhoes, tractor loaders, wheel loaders and excavators. Since 1999, New Holland is a brand of CNH, which was demerged from Fiat Group to Fiat Industrial at the start of 2011. 2007 New Holland made 200,000 Skid Steer loaders and celebrated 35 years of designing and building its highly successful skid steer loader. They are the preferred choice of landscapers around the world and #1 in lift and carry compact machines. 2008 New Holland's "green" engine. New Holland launched the E215B crawler excavator, which mounts a brand-new engine which dramatically reduces emissions well below the levels required by regulations.
New Holland equipment is built all around the world; the headquarters is in Turin, Italy and with ten plants and ten research and development centers spread globally, more than 800 dealers and 2,100 outlets. It is present in 100 countries worldwide.
New Holland produces thirteen product families, five in the heavy range and eight in the light range; products include dozers, mini excavators, graders, wheel loaders, crawler excavators, backhoe loaders, skid steer loaders.
Productivity, safety, and environmental responsibility are the cornerstones of New Holland's offering built around our customers. We are a key player in the global construction equipment industry born of the rich heritage of brands that made the history of this sector.
In partnership with our worldwide network of dealers, we deliver products and services that meet our customers' requirements for productivity, safety, environmental performance, and fuel and cost efficiency. We know our customers' business and we provide them with a full line of innovative products and services designed for the specific applications of their industry.
CNH Industrial is committed to delivering the highest ethical standards and supporting its dealers and customers through a diverse and inclusive workforce, industry -leading technology, exceptional safety and quality, and unmatched innovation.
At CNH Industrial, we pride ourselves on delivering the best. That means strengthening our product portfolio with dedicated financing, tools and components and selecting the best partners to support us in delivering value to our customers.
We are proud of the work we do at CNH Industrial, where a focus on innovation has helped us to maintain our competitive edge and our position of global leadership.
In 2014 we have a new licensing agreement with Sumitomo Construction Machinery to manufacture Sumitomo designed crawler excavators from 13 to 35 tons. In 2016 we entered an exclusive mini -excavator alliance with Hyundai Heavy Industries.
The full integration of environmental and social considerations with economic objectives enables the Group to identify potential risks and seize additional development opportunities, resulting in a process of continuous, and sustainable, improvement that creates value over the long-term. We recognize the real importance of promoting a circular product life cycle in which resources are used fully and for as long as possible, and products and materials are recovered and regenerated at the end of their service life. For this reason, the Company offers a range of products able to run on fuels derived from renewable sources and is committed to adopting sustainability criteria from the design stage to develop more environmentally friendly products. To maximize product life, CNH Industrial also offers Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 259
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 its customers a range of remanufactured spare parts, in line with its circular economy approach. In manufacturing processes, emphasis is given to improvements that increase waste recovery and reuse.
Living and working in cooperation with the surrounding area, and collaborating on projects that benefit the community, contribute to enhancing the satisfaction of employees (who often live close to plants) and their sense of belonging to the Company, while bringing economic advantages to both the Company and the community. Projects are measured in three fundamental areas. These areas are:
Improving food availability, combating climate change & reducing environmental impact and supporting youth training.
A key priority at CNH Industrial is to improve food availability. In the USA, CNH Industrial supports the FFA (formerly known as Future Farmers of America), an association active in farming education since 1928. In 2018, to further its commitment, the Company chartered its own FFA Alumni and Supporters Chapter1, through which employees can engage with students pursuing agriculture degrees and with members of other FFA Chapters nationwide. In 2021, the Company continued to be heavily involved with the FFA. Case IH, New Holland Agriculture, and CNH Industrial Capital continued their Silver Sponsorship of the National FFA Foundation, including its national convention with over 60,000 attendees. Furthermore, employees continued to engage with FFA students at professional development events, and again raised funds towards the purchase of approximately 70 FFA uniforms for students in need.
CNH Industrial also continued its We Care We Share outreach program, holding an educational event at the Thai Sa Kaeo College of Agriculture and Technology aimed at raising agricultural technology standards in the country while creating a new generation of agricultural experts.
In 2021, given the ongoing pandemic, CNH Industrial continued to support more vulnerable sections of society, including through food where needed. Located near the Company's sites in Racine (USA), the Hunger Task Force Farm yields over 226,000 kilos of fresh produce each harvest season to feed the hungry and create a reliable source of healthy food for its network of food banks. In 2017, the farm added a New Holland Agriculture tractor (donated by CNH Industrial Capital) to its operation. In 2021, the Company made a cash donation to the organization to purchase Thanksgiving turkeys for community members in need, while employees provided additional support by volunteering on the farm.
A key priority at CNH Industrial is to combat climate change, whose negative impact on ecosystems affects the quality of life for people in local communities and consumer choices. The Company has initiated several projects to tackle this global issue, which are also aligned with SDG 13 'Climate Action'. These projects are increasingly focusing on reducing the environmental impact of Company plants, including on local communities, and on helping protect the latter against the effects of climate change such as desertification, water scarcity, and the loss of biodiversity.
Other initiatives are in place to promote responsible behavior to minimize environmental impact. Participation in the projects associated with this key priority allows CNH Industrial's brands to enhance their profile and increase their visibility among potential customers and strengthens Company employees' sense of belonging.
At CNH Industrial, a key priority is to engage local communities. To this end, and in line with stakeholders' expectations, the Company prioritizes initiatives that support local community development, especially youth training. In addition to the awards and scholarships given to employees' children, the Company works hard to promote young people's education by collaborating with private and public institutions and other stakeholders. Projects are also aligned with SDG 10 'Reduce inequality within and among countries', as they promote training in Emerging Markets with the aim of developing qualified potential recruits for the Company's sales and service networks.
TechPro2, a joint project with schools run by the Don Bosco Salesian Society, aims at training mechatronics specialists to meet a growing demand for skilled personnel, thus offering young people greater employment opportunities — especially within the Company's sales and service network. Training includes theory and hands-on learning at Salesian centers, followed by targeted internships in the field. The goal of TechPro2 is two -fold: on the one hand, to ensure students have a future vocation; on the other, to enhance the quality of specialized technical assistance for the brands' products while meeting the demand for qualified technicians at authorized dealers and workshops. The Company provides expertise by training the teachers, who pass on the knowledge to the classroom students. It also offers financial aid, tools, and essential parts (such as complementary vehicles, engines, drives, and diagnostic tools) for classroom training and practice.
CNH Industrial believes that operating in a socially responsible and ethical manner, Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 260
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 and in compliance with the laws of the countries in which it operates, is crucial to its long-term success. The Company's Code of Conduct summarizes its policies on various compliance and ethics issues (such as conflicts of interest, corruption, competition, and health and safety). Such policies reflect, among other things, the Company's commitment to adopting fair employment practices, ensuring safety in the workplace, supporting, and fostering environmental awareness, and respecting the communities in which it operates, in compliance with applicable laws. The Company is also committed to the creation of long-term sustainable value for all its stakeholders and is firmly convinced that respect for fundamental human rights and for basic working conditions is a prerequisite to achieving this. The Board of Directors is responsible for creating a culture that fosters such long-term value creation — a task that requires compliance with all applicable laws. To this end, and to clarify and make explicit the Company's values and expectations, the Board has adopted both a Code of Conduct and a Supplier Code of Conduct.
Our vast network of CNHi dealers will provide local product technical support at the dealership or out on the road to the members along with providing the start-up and operations training compliant with OSHA regulations, which the members need to get to receive the max. performance and efficiencies out of their products. The customers can also purchase OEM parts from our dealer network to support the members and to ensure their equipment obtains the max. amount of run time. Our financial services to the members include leasing options and extended warranties which are handled directly at the dealership. Members who are on a budget can rent or demo equipment from the dealership. The equipment will be a unit that has not been retailed and comes with full warranty (less than 250 hrs) or pro -rated warranty (if the unit has over 250 hrs). The customer will receive the member list discount and demo/lease adjustment based on rent for sale program rates less any service or clean up fees dealer would have incurred.
11 What are your company's expectations in the
event of an award?
When CNH Industrial is awarded the Sourcewell contract, we expect to continue to achieve an overall sales growth of over 10%. Throughout the pandemic and component parts not reaching our plants in a timely manner, we still saw growth in our Sourcewell contract. We plan to continue this growth cycle in 2023. CNH Industrial announce a culture transformation where everyone's voice will be heard.
We have five new beliefs Customer first, grow together, one team, make it simple, be the best. This is exactly what we are planning to do with this contract. We want our customers to walk into our dealerships and be heard. Get the product they want and make it an effortless process with Sourcewell. We will continue to partner with Government Solutions Team (GST) where we have done more training in 2022 and plan to continue to follow that process in 2023. Their training includes web training, ride -a -longs to help educate the sales teams and the customers in addition to training new or re-train dealers within their first 60 days. Additional emphasis will go to getting our dealers to attend GTKU's and universities to round out their knowledge of the contract and how to use it to drive the contract's need. We are also going to target and engage with the government entities to get our Sourcewell contract adopted versus these entities having their own contract. 12 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
CNH Industrial reported strong full year performance in 2021, its final year of operations as a combined Off- and On -Highway entity. We delivered consolidated revenues of $33.5 billion, up 29% from the previous year. Both our adjusted EBIT from our Industrial Activities at $2,086 million(1) and our full year Net Income at $1.8 billion (which translates to $1.28 in earnings per share) were the highest in our Company's history. Market driven volume and disciplined pricing were key drivers of our record earnings, alongside the team's successful execution, which they achieved while often managing very challenging supply chain and logistics issues. We also recorded another very strong year for positive free cash flow of Industrial Activities(1), at over $1.8 billion as our operational execution improved.
For additional information see our Annual Financial Report 2021 13 What is your US market share for the
solutions that you are proposing?
Model Year 2021 CNH Industrial market share 9.5%
Case Construction 7.9%
New Holland Construction 1.6%
14 What is your Canadian market share for the
solutions that you are proposing?
Model Year 2021 CNH Industrial market share 12.6%
Case Construction 12.1%
New Holland Construction .5%
15 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
NO
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 261
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 16 17
How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
CNH Industrial is the manufacturer of the equipment offered in this proposal. Our sales and service force is provided through our network of 1107 North American dealers. Our dealerships are independently owned and operated so they are positioned to provide sales and post support for our customers. Through the post - sale support our dealers offer parts and service. CNH Industrial imposes strict contract regulations and standards (Pinnacle), to hold dealers accountable for all interactions a customer has. This would include sales, service, parts, marketing, and operations.
CNH Industrial adopts the World Class Manufacturing (WCM) management system, a program for innovation based on continuous improvement, developed to eliminate all types of waste and loss through the rigorous application of specific methods and standards (see page 165). Given the customers' demand for ever -higher quality and the level of excellence required by the WCM, the focus is on the quality of every aspect of the manufacturing process, which has led plants to also adopt a quality management system compliant with ISO 9001. As of December 31, 2021, 57 CNH Industrial plants were ISO 9001 certified, collectively accounting for 98% of revenues from sales of products manufactured at the Company's plants1. To achieve its quality standards, CNH Industrial devised a robust supply chain management process (see page 151) to ensure the procurement of quality components, which are essential to produce vehicles that meet the high standards demanded by customers. CNH INDUSTRIAL completed an initiative, known as Technology Days, gives suppliers a chance to display their innovative products in terms of innovation, technology, and quality, while addressing specific topics and sharing information on recent technological developments. In 2021, the event was as always attended by CNH Industrial employees but held virtually. As of December 31, 2021, 220 supplier plants had adopted the World Class Manufacturing (WCM) program, with no increase compared to 2020 due to pandemic -related restrictions and strategy changes to the WCM supplier program itself. The WCM adoption process entails several activities that take place in two distinct yet equally important phases, and that are meant to provide suppliers with the necessary knowledge to apply the intrinsic concepts of Lean Production. Firstly, various training sessions led by CNH Industrial's WCM program specialists are delivered to suppliers. Secondly, supplier WCM teams are given the opportunity to visit selected CNH Industrial plants to learn about the Company's best practices.
Safety is a priority across the Company, as evidenced by the compliance of management systems with the ISO 45001 international standard, as well as with the continuous improvement principles of World Class Manufacturing (WCM) and its specific Safety pillar (see page 165). CNH Industrial's approach to occupational health and safety is based on effective preventive and protective measures, implemented both collectively and individually, aimed at minimizing risk of injury in the workplace. The Company endeavors to ensure optimal working conditions, applying principles of industrial hygiene and ergonomics to managing processes at an organizational and operational level. Additionally, it adopts the highest standards in the countries in which it operates, even where regulatory requirements are less stringent, believing this to be the best way to achieve excellence. In addition, the central Environment, Health, and Safety (EHS) function (which serves as a reference point for sustainability) coordinates and manages health and safety issues as per CNH Industrial's Health and Safety Policy. It periodically verifies performance against targets, proposes new initiatives, and defines health and safety policies. The Company's certification of its occupational health and safety management systems as per the ISO 45001 international standard is voluntary and covers 58 CNH Industrial manufacturing plants worldwide, accounting for 45,521 employees. In 2021, the Company completed its transition to the new ISO 45001:2018 Occupational Health and Safety Management standard, which supersedes the OHSAS 18001:2007 standard. Certifications are awarded by accredited international bodies (in turn continuously and rigorously monitored by other international organizations) that review and certify the high levels of reliability and of operational and procedural standards.
In 2021, the occupational health and safety management systems at some non - manufacturing sites were ISO 45001 certified, accounting for 5,684 employees at 12 different sites and locations. In total, 70 CNH Industrial sites worldwide (manufacturing and non -manufacturing) are now ISO 45001 compliant — covering 51,205 employees (about 75.9% of the employees within the reporting scope), 5,388 Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 262
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 contractors, and 7,190 agency workers (representing, respectively, 97% and 91% of the relative populations within the reporting scope) — as are all joint venture plants in which CNH Industrial has at least a 51% interest.
World Class Manufacturing (WCM) data (see page 165) relates to 51 plants, representing 99% of revenues from sales of products manufactured at CNH Industrial plants4. Occupational health and safety data (see page 82) relates to 66,129 employees, or about 98% of the workforce within the reporting scope. There are 58 ISO 45001 certified plants, accounting for 95% of Company plants and representing approximately 100% of revenues from sales of products manufactured at CNH Industrial plants4. Information on environmental performance (including VOC5, water, and waste) and management systems (see pages 167; 170) relates to 54 fully consolidated plants, accounting for 89% of Company plants and representing 99.5% of revenues from sales of products manufactured at CNH Industrial plants4. There are 58 ISO 14001 certified plants, accounting for 95% of Company plants, representing approximately 100% of revenues from sales of products manufactured at CNH Industrial plants4, and relating to 44,682 employees (or about 97% of the workforce at the plants within the reporting scope4). Information on energy performance (including CO2, NOX, SOX, and dust emissions) and management systems (see pages 171; 179; 181) relates to 55 fully consolidated plants, accounting for 90% of Company plants and representing 99.7% of revenues from sales of products manufactured at CNH Industrial plants4. There are 54 ISO 50001 certified plants, accounting for 89% of Company plants, representing 99.5% of revenues from sales of products manufactured at CNH Industrial plants4, and relating to 44,146 employees (or about 95.5% of the workforce at the plants within the reporting scope4).
Moreover, there are 57 ISO 9001 certified plants, accounting for 93% of Company plants, representing 98% of revenues from sales of products manufactured at CNH Industrial plants4, and relating to 44,256 employees (or about 96% of the workforce at the plants within the reporting scope4).
CNH Industrial also holds its suppliers to a high standard in human resources and sustainability. Please see the attached files for CNH Industrial's Sustainability Plan and Supplier Code of Conduct for more information.
18 Provide all "Suspension or Debarment"
information that has applied to your
organization during the past ten years.
CNH Industrial has not been Suspended or debarred
Table 3: Industry Recognition & Marketplace Success
Line
Item
Question
Response"
19 Describe any relevant industry awards or
recognition that your company has received
in the past five years
CNH Industrial (NYSE: CNH INDUSTRIAL / MI: CNH INDUSTRIAL) received a 2022 Manufacturing Leadership Award for outstanding achievement in the Sustainability Leadership category, which honors manufacturers that are shaping the future of the sector through digital transformation. This is the third consecutive year that the Company has earned recognition from the Manufacturing Leadership Council, which is a division of the National Association of Manufacturers.
CNH Industrial's award -winning project, Smart Pretreatment for the Paint Shop, was executed by the manufacturing team at the Case IH and STEYR agricultural production plant in St. Valentin, Austria. The project enhanced operator safety while ensuring optimum paint quality and sustainable use of additives.
The T6 Methane Power also won the prestigious Sustainable Tractor of the Year 2022 award at the EIMA International4 trade show held in Bologna (Italy), assigned by a jury panel of top European journalists specializing in farm equipment.
Other awards include Innovative Iron for our DL550 Compact Dozer loader in 2022, Top 100 in 2022 for DL550 Compact Dozer loader, TV620B CTL, E. Series Excavators. Top 50 award in 2022 for TV620B CTL. This is just to name a few.
Please see entire list in attached documents.
"
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 263
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 20 What percentage of your sales are to the
governmental sector in the past three years
Case Construction -
2021 -14%
2020 -15%
2019 -20%
New Holland Construction -
2021 - 9%
2020 - 10%
2019 - 20%
21 What percentage of your sales are to the
education sector in the past three years
CNH Industrial Construction brands does not have the capability to pull out the educational percentage, but it is calculated into our sales to the government below. 22 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
New Holland Construction (CE) Contract Sales
Sourcewell CE Contract
2019 $2,906,112
2020 $2,125,345
2021 $3,851,787
Michigan CE contract no sales from 2019-2021
Pennsylvania CE
2019 <$200,000
2020 <$300,000
2021 < $400,000
Ohio CE
2019 $158,736
2020 $206,926
2021 $98,665
Iowa CE
2019 $59,043
2020 $104,200
2021 <$100,000
State of Louisiana
2019 $330,000
2020 $0
2021 <$100,000
State of Georgia
2019 $0
2020 $170,000
2021 <$100,000
NASPO
2019 $303,000
2020 $150,000
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 264
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 2021 $351,000
BuyBoard
2019 $938,000
2020 $547,000
2021 $331,000
HGAC — No Activity
Case Construction Contract Sales
Sourcewell Case Construction contract
2019 $24,000,000
2020 $18,000,000
2021 $11,000,000
State of Michigan Case CE
2020 $ 176,027
2021 $ $82,070
2022 $ $321,663
NASPO Case Construction Contract
2019 $1,200,000
2020 $1,600,000
2021 $2,240,000
23 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
CNH Industrial Construction brands do not hold any of these contracts.
Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name *
Contact Name *
Phone Number*
Erie Water Works
Ann Whipple
814-870-8016
State Procurement Standards Analyst, OH
Stephanie Klingler
614-387-1130
Central Procurement -Enterprise Sourcing — MI
Yvon Dufour
517-249-0455
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 265
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name
Entity Type *
State / *
Province
Scope of Work *
Size of Transactions *
Dollar Volume Past Three
Years
na
Government
Indiana - IN
Mowing
YR
QTY
2019
$ 112,418
2019
1 2020
$3,064,492 *
2020
21 2021
$2,083,958
2021
11 na
Government
NewYork-NY
Mowing
YR
QTY
2019
$4,405,899
2019
25 2020
$5,039,273 *
2020
28 2021
$ 0
2021
0 na
Government
BC - British
Mowing/snow removal
YR
QTY
2019
$1,510,557
Columbia
2019
10 2020
$ 951,797 *
2020
6 2021
$1,353,325
2021
6 na
Non -Profit
ON - Ontario
Mowing/snow removal
YR
QTY
2019
$3,647,150
2019
16 2020
$ 0 *
2020
0 2021
$ 137,142
2021
1 na
Government
South Carolina -
Mowing
YR
QTY
2019
$2,391,487
SC
2019
19 2020
$1,064,046 *
2020
8 2021
$ 771,893
2021
6 Table 6: Ability to Sell and Deliver Service
Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item
Question
Response*
26 Sales force.
CNH Industrial field sales force is comprised of employees of the company as well as third party employees of our dealer network who cover the entire US and Canada. Our Field Sales Force are fully focused on the sale of CNH Industrial through our Dealer Networks to our end user. The New Holland Construction Field Sales team is comprised of 5 Region Sales Directors, 44 Territory Business Managers, 5 Business Sales Specialists, 5 Dealer Development Managers, 8 Regional Product Specialists and 40 Technical and Specialty Field Managers. Case Construction is made up of 3 Regional Sales Directors, 21 Field Sales Specialist, 10 Business Managers, 6 Sale Support Managers, and 2 Product & Application Training Specialist. Each independent CNH Industrial dealer supports its local customer base with its own sales, product support and service personnel.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 266
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 27 Dealer network or other distribution
methods.
Case Construction and New Holland Construction has a dedicated dealer network strategically located across North America, and we are continually looking to see where new locations can be opened. Our dealer locations are fully trained and dedicated to sell and support Case Construction and New Holland Construction products covered in this RFP. Many of the principals, their staff and customers hold positions on their local city, village, township, county boards, school boards and positions within their churches, non-profit camps and Fair Boards and non-profit organizations such as Scouts, 4-H, Ducks Unlimited, etc. The efforts and plans of GST to engage New Holland construction dealers from the top down carries the value of our Sourcewell contract through to these community officials who need to purchase equipment efficiently.
Our company supports our dealer network with professional Field Service Managers.
Each dealership is staffed with parts and service personnel trained to support the products in their area of responsibility. Our company supports the entire United States, along with Hawaii, Alaska, and Canada. Our dealer service personnel are factory trained as well as have access to "Assist," a technical database that helps technicians quickly diagnosis failures through CNH Industrial technical advisors and fellow dealers. We have further support by the Customer Care contact phone numbers: New Holland Construction 1-888-365-6423 and Case Construction 1-866-542- 2736.
28 Service force.
Our Field service force is comprised of employees as well as third party employees of our dealer network that covers the US and Canada. All employees must meet annual service training requirements provided on -site by our company, including our service school and online technical training program. Our Field Service force are fully focused on the service of CNH Industrial through our Dealer Networks to the end user. Each one of our independent dealer supports its local customer base with its own sales, product support and service personnel. We value their position as the local support to the members and provide them with the tools, training and support they need so they are a well- rounded team when it comes to the members. 29 Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
CNH Industrial ordering process with be handled by our dealer network. The members will go directly to their local dealership when the PO is approved. Their local dealer will then place the order through the eQuipment program which then is sent to the plant and our Order Management department. From there it will be placed into a production schedule. Dealers can monitor the orders from eQuipment to see when the product will be scheduled and when it will be shipping. 30 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response -time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
Customer service begins with our dedicated dealer network. Each one of our dealerships is fully trained and supported by CNH Industrial so they are committed to immediately addressing all customer needs. Each one of our brand dealerships is supported by the Corporate Customer Service team, "Assist" and factory training.
CNH Industrial interacts with and assists its customers to give them an experience that meets their expectations. The Company's Customer Care departments specialize in developing, managing, and promoting customer service solutions, fostering long- lasting relationships, and satisfying customer needs and expectations. Customers may request information or report an issue via the brands' websites, toll -free numbers, smartphone applications, or via email — 24 hours a day, 7 days a week. Customer Care staff manage the entire process, from initial customer contact to final feedback to the customer, ensuring resolutions in the timeliest manner.
New Holland Construction's incentive program is the Dealer Standards Program.
CASE Construction Equipment's incentive program is the Partnership Program. These programs are designed to assess dealers and reward best -in -class performance across a wide range of operational and performance criteria.
Case Construction provides the Tomahawk Customer Center which has been serving its customers for more than 60 years. Sitting on more than 500 acres in Wisconsin's Northwoods, the CASE Tomahawk Customer Center is a premier year-round demonstration facility and business retreat. Enjoy a fully interactive experience with personalized training, state-of-the-art product demonstrations, hands-on equipment operation, and a healthy dose of our trademark hospitality. Like our company and our dealers, our Tomahawk staff is here to provide you with expert guidance and education to help you make informed operating and maintenance decisions 31 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
CNH Industrial has been selling and servicing members in the United States through our Sourcewell contract for 12 years. We offer a full array of Construction products and services through our network of local dealers.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 267
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 32 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
CNH Industrial has been selling and servicing members in Canada through our Sourcewell contract for 12 years. Our company offers a price book series in Canadian dollars. We also offer a full array of Construction products and services through our network of local dealers. Our financing and leasing teams live in Canada.
This ensures the members are working within the regulations of the Canadian rules.
With the assistance of Sourcewell and Canoe Procurement Group and GST, we are expanding our marketing and training efforts and dealer presence throughout Canada.
There is a scheduled webinar with Canoe Procurement Group in March 2023. 33 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.
CNH Industrial will be serving all locations of the United States and Canada. 34 Identify any Sourcewell participating entity
sectors (i.e., government, education, not -for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
CNH Industrial will be serving all Sourcewell and CANOE Procurement Group of Canada members.
35 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
CNH Industrial will service all of Hawaii, Alaska, US, and Canada in all market segments. Shipping and delivery expense calculation method will be used for offshore transactions, Alaska, and Hawaii.
Table 7: Marketing Plan
Line
Item
Question
Response
36 Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
We will promote Sourcewell to our sales team and government dealers of over 1,000 to our customers. Our sales teams will attend regional training, webinars or in -person training.
They will then help to promote and work through a potential sale through the Sourcewell contract with the local dealership. Our dealers will be trained by CNH Industrial government sales manager or their territory business manager. On -insight training, webinars or phone calls can be completed for training. We also have a partnership with Government Solutions Team for New Holland Construction that will also conduct webinars and on -sight training. We want our dealers to have a vast amount of support and success while being trained on the contract. All training is free to the dealers and goes through our Web University for tracking and awarding the teams for their participation. We work with Sourcewell and Canoe Procurement Group to provide marketing materials to the dealers. This material is also used by the dealers for customer visits, shows and other events where our brands and the contract are being promoted.
New Holland Construction is also in the process of updating the Buyer's Guide that promotes our products to our government customers. We list our cooperative contracts at the back of the guide. This guide will be distributed to our dealers which in turn will provide to their customers. I have provided a picture of the back page for reference. 37 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
CNH Industrial incorporates several uses of technology, digital data, social media, and data to drive market awareness, target prospective sales, train our teams and customers, and perform community outreach. CNH Industrial has a dedicated website for our products and services. New Holland's website allows prospects to build equipment to their specifications, locate dealers and have direct contact information to each government representative. Case Construction website allows prospective customers to locate dealers.
Our social media presence spans from Instagram, Facebook, Twitter and Linkedln. We follow, like and share Sourcewell media along with other industry leaders to promote a full support system to our teams, dealers, and the community. By doing this, it keeps our brands at the top of our prospects' minds. We also utilize data from the Association of Equipment Manufactures (AEM) on governmental and non-profit sales. The data shows sales activities and high -density sales areas. This also allows us to understand our effectiveness in the marketplace compared to our competitors.
We also have a governmental bid service. By investing in this service it allows for an advantage over our competitors and directs opportunities to the Sourcewell contract. This also allows us to see the future requirements of a member so our dealers can reach out and build a relationship with them and offer the Sourcewell as a solution to their bid process.
We also conduct training and post videos online to reach a maximum audience and to keep our teams "in the know" as soon as possible. We want to get the information out quickly, so our members have the most current information. New Holland Construction government sales managers along with GST work with our teams daily through these trainings, videos, and emails to help them understand their market and the opportunities that exist.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 268
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 38 In your view, what is Sourcewell's role
We expect Sourcewell to promote the contract through social media, digital media, shows in promoting contracts arising out of
and events. Also, to allow members to easily locate our contracts on the landing page on this RFP? How will you integrate a
Sourcewell's website and keep the member's list current. Communicating how the Sourcewell-awarded contract into your
contracts are adopted and by whom is another significant role Sourcewell can provide. sales process?
The H20 conference is an excellent tool where vendors can come together and share lessons learned, wins and best practices. When members contact Sourcewell, we expect them to directly thank them, answer any questions they have, and provide our contract information to the members. We would like our contract manager to follow up with an email or call to us on who called and their contact information and what was needed.
This will allow us to continue the sales process by reaching out to them and showing them, we have a team with Sourcewell and CNH Industrial.
We will continue to train our Territory Business Managers and dealers at our sectional and regional CNH dealer and sales meetings on this contract. We will continue to educate our dealers through webinars, phone calls and in -person training. When the contract is awarded, we will be sending out a letter with the new matrix to our dealers letting them know of the newly awarded contract. New Holland Construction will also be utilizing the GST team to train our members on the contract. They have a novel approach on touch points with the dealers during training. Our dealers are notified in several diverse ways through mail, email, and phone calls which then leads up to training. The focus does not stop after the training. GST continues to contact them after that process, so we do not lose touch with them. GST provides our dealers with a listing of Sourcewell members located in their area.
This contract is particularly important to each one of our brands and is highly expressed to our CNH Industrial employees and dealers. Therefore, we have continued to grow the contract even through the Covid period. We plan to stay the course and continue with our message to our employees and dealers which is, "you should not have to bid for low dollars or a product you do not want, use Sourcewell and get what you deserve." 39 Are your products or services
available through an e -procurement
Not now. Our contract is awarded through our dealer level, and this places too many variables. We have had conversations with NASPO to see if there is a way to work on ordering process? If so, describe your
an industry standard. Some of the states have already started going to the e -procurement e -procurement system and how
system but with our highly configured products, it is difficult to work within their perimeters. governmental and educational
We are willing to work with Sourcewell and the team you have put together to produce a customers have used it.
process for e -procurement, whether this be through and EDI system or finding a company that has already created a process.
Table 8: Value -Added Attributes
Line
Item
Question
Response *
40 Describe any product, equipment,
maintenance, or operator training
We hold product training and customer experience events throughout the year. Any dealer current customer or potential customer can attend these events. programs that you offer to
At the corporate training facilities or the servicing dealer level, Operator and Maintenance Sourcewell participating entities.
training can be specifically structured for the customer. The servicing dealer provides base Include details, such as whether
machine operation and maintenance training as part of the purchase and delivery. Additional training is standard or optional,
who provides training, and any
costs that apply.
training can be purchased through the local dealership.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 269
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 41 Describe any technological
advances that your proposed
products or services offer.
New Holland Construction has announced the E15X first electric vehicle which has no air or sound pollution.
New Holland Construction included an 8" LCD Multifunction Display in the 300 Series Skid Steer Loader and Compact Track Loader products. This brings the operator input and functionality to another level over what we had in the past. Particularly, the addition of a factory fit reverse camera, and improved EZ EH control adjustability.
Meet the CASE MinotaurTM DL550 — an all -new, industry -first equipment category: the compact dozer loader. The integrated C -frame delivers true dozer performance and the agility and finesse of a loader. CASE Construction Universal Machine Control allows you to use the precision construction technology you prefer*. It's compatible with hundreds of attachments, and the addition of an industry -exclusive fully integrated ripper makes this machine one -of -a -kind. It has the strength, attitude and intelligence to stake a claim as the industry's most versatile and powerful compact machine.
Minotaur demonstrates CASE Construction's commitment to delivering real -world innovation rooted in customer need. With 29 patents", more than 10,000 field test hours, multiple customer clinics, countless operator evaluations, product refinements and even more evaluations after that — we've put this machine to the test to deliver you the highest standard in quality.
THE INDUSTRY'S FIRST FULLY ELECTRIC BACKHOE LOADER - THE CASE 580 EV The CASE 580 EV (electric vehicle) delivers backhoe power and performance equivalent to its diesel counterpart while also providing instant torque, lower jobsite noise, lower daily and lifetime operating costs, reduced maintenance demands and absolutely zero emissions. This will be anticipated to launch in 2024.
The CASE 580 EV Delivers Ultimate Power and Sustainability - Zero Emissions: Lower your carbon footprint and achieve incentives/greater consideration for new projects with electrified additions to your fleet. - All the Performance: The battery separately powers the drivetrain and hydraulic motors, resulting in hydraulic breakout forces equal to diesel -powered machines and improved performance during simultaneous loader and drivetrain operation. - Long -Lasting Power: The machine's lithium -ion battery provides enough power for the typical 8 -hour workday.
- Lower Operating Costs: Save as much as 90 percent in annual vehicle, fuel, and maintenance costs.
- Classic CASE Performance: The 580 EV retains the precision and efficiency of diesel - powered CASE backhoes with features such as ProControl, which allows for extremely precise boom movement and placement, as well as Comfort Steer, which significantly improves steering while working in tight quarters or in truck loading operations.
The CASE CX15 EV (Electric Vehicle) is a 2,900 -pound mini excavator powered by a 16 - kW electric motor — it features retractable tracks that get machine width down to about 31 inches for going through doors and working in confined spaces. It can also work close to structures and obstacles with a minimum swing radius design. The 21.5 kWh lithium -ion battery is charged either by the 110V/220V on -board charger, or via an external rapid charger that can have the machine charged extremely fast, typically within 90 minutes.
Depending on the type of work, unit will provide enough power to work through a full eight - hour workday.
42 Describe any "green" initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
In compliance with its Environmental Policy, CNH Industrial is committed to minimizing the environmental impact of its ICT activities by using energy -efficient products and solutions.
Indeed, the Company implemented the Green ICT plan precisely to reduce energy consumption and CO2 emissions. In 2021, approximately 8,200 personal computers and 1,083 technical workstations were replaced with new equipment featuring more efficient power supply units, optimizing the consumption of electricity drawn from the grid. The Company also replaced around 1,100 computer monitors with new units that comply with environmental requirements regarding product energy consumption and efficiency, the use of hazardous substances, recyclability, packaging materials, and low -impact manufacturing methods.
Within the scope of Brands4Sustainability3, CNH Industrial supported a project called Capri Circolare - A Sustainable Tourism Model, an in-depth analysis of potential areas of intervention to position the island of Capri at the forefront of environmental sustainability. The goal is to turn Capri into a green destination by developing a model that promotes a circular economy and the implementation of good practices to protect the local region, resources, and biodiversity. In Cordoba (Argentina), IVECO created an Ecological Island where carpenters use recycled materials to make parts that are then used in various plant production and logistics processes. In broad terms, the company applied the 5Rs of waste management (refuse, reduce, reuse, recycle, recover) to enable the reuse of approximately 4,800 kilos of reclaimed wood and around 3,600 kilos of corrugated plastic per year.
The Company also contributed to creating policies in support of alternative fuels — and a circular economy — in the agriculture sector, particularly promoting the use of biomethane and Agriculture 4.0 programs through specific initiatives in many countries. As a long - Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 270
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 standing member of the European Automobile Manufacturers' Association (ACEA), while also holding a seat on its board, the Company has actively contributed to the debate on EU (European Union) policies to lower CO2 emissions and achieve net -zero emissions in the future. Moreover, with a seat on the association's Commercial Vehicles Board, IVECO actively contributed to the discussions on how manufacturers can help achieve the EU's 2050 Greenhouse Gas Emissions (GHG) goal, highlighting the role that both liquid and gas renewable fuels can play in the transition towards net -zero CO2 emissions in transport. As regards light -duty vehicles, IVECO is actively involved in the ongoing discussions and advocacy activities regarding the revision of the post -2020 CO2 emission standard for cars and vans.
CNH Industrial is also a member of the Committee for European Construction Equipment (CECE) and of the European Agricultural Machinery Association (CEMA), trade associations for construction equipment and agricultural machinery manufacturers, respectively. Throughout 2021, the Company collaborated with the associations' committees and project teams to bring forward EU legislation on the safety and environmental aspects of off -road machinery.
Following the European Green Deal plan presented by the European Commission, CNH Industrial contributed to further discussions within CECE's and CEMA's High -Level Groups on CO2 concerning ways to reduce GHG emissions and decarbonize both the agriculture and construction sectors in Europe.
CNH Industrial is also a board member of the European Association of Internal Combustion Engine Manufacturers (EUROMOT). In 2021, particularly through its brand FPT Industrial, the Company contributed to the association's activities centered on Non -Road Mobile Machinery (NRMM) exhaust emissions, proposing the creation of a new working group within the association focused on alternative powertrains and advanced energy resources. The aim was to further promote alternative and more sustainable powertrain solutions within non -road sectors as well (such as marine applications or mobile equipment) considering the EU's most recent sustainability and climate goals. The Company holds a seat on the board of the Natural & biogas Vehicle Association (NGVA Europe), which advocates and fosters the use of natural gas and biomethane for transport in Europe. In 2021, in collaboration with several other national associations for natural gas, IVECO and FPT Industrial promoted debate in Europe on natural gas strategy (considering the EU's targets for 2030 and beyond) and its advancement in Europe, in line with EU legislation on the development of natural gas infrastructures.
CNH Industrial is member of the board of Hydrogen Europe, representing the hydrogen and fuel cell industry, national associations, and research centers in Europe, and of the Hydrogen Council, a global initiative among leading energy, transport, and industry enterprises that focuses on the contribution and potential of hydrogen in the transport sector while contributing to policymaking and the ongoing debate, working towards the future commercialization of fuel cell vehicles. In this regard, the Company also participates in the European Clean Hydrogen Alliance, an initiative by the European Commission and Hydrogen Europe that brings investors together with governmental, institutional, and industrial partners, aimed at steering and coordinating the ambitious plan to deploy hydrogen technologies by 2030, and at rapidly upscaling clean hydrogen production and use in Europe.
New Holland Agriculture was one of the main stakeholders at the event Seeding the Future of Sustainable Farming: Advanced Farm Machines & Solutions to Deliver on the European Green Deal, a summit organized by the European Agricultural Machinery Association (CEMA) in Brussels (Belgium). The focus was on how digital farming tools, modern farm machines, and farm data management systems will drive the European agriculture sector in taking on the double challenge of producing sufficient quality food and safeguarding biodiversity.
The importance of sustainable planning to the Company lies not only in time and cost efficiencies, but also in emissions reduction, resource use, packaging management, and, not least, in their indirect impact on human health and traffic congestion. To coordinate its efforts effectively towards improvements in this area, CNH Industrial published its Green Logistics Principles, available on the Company's website; intended to coordinate the Company's initiatives on promoting sustainable behaviors, they help both corporate functions and suppliers effectively monitor their performance and meet improvement targets.
In North America, the Agriculture and Construction segments continued to engage their logistics partners in the SmartWay transport program. Launched in 2003, the program is sponsored by the Environmental Protection Agency (EPA) to improve efficiency, reduce greenhouse gas, and air pollutant emissions along the transport chain. SmartWay provides its partners with a set of EPA -tested tools that help make informed transportation choices, measure, and report CO2 emissions, and improve supply chain efficiency and environmental performance.
More information can be found on our 2021 Sustainability Report Bid Number: RFP 011723
Vendor Name: CNH Industrial America L.2-71
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 43 Identify any third -party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life -cycle design
(cradle -to -cradle), or other
green/sustainability factors.
Several CNH Industrial plants continued to implement initiatives to reduce packaging waste, according to the 5 Rs11 of waste management (in particular, the Reuse principle).
Improvement measures involved several plants, including New Holland (USA), Annonay (France), Zedelgem (Belgium), Cordoba (Argentina), and Curitiba, Piracicaba, and Sorocaba (Brazil), reducing overall packaging waste by more than 1,000 tons and saving approximately $650,000. As per existing guidelines on packaging -waste compactors, aimed at mitigating the environmental impact and management costs associated with waste, CNH Industrial plants continued to reduce the volume of stored waste, thus requiring less frequent collection and disposal services by third -party providers. For example, the plant in Rorthais (France) installed a cardboard compactor, saving over $9,200.
New Holland Agriculture was one of the main stakeholders at the event Seeding the Future of Sustainable Farming: Advanced Farm Machines & Solutions to Deliver on the European Green Deal, a summit organized by the European Agricultural Machinery Association (CEMA) in Brussels (Belgium). The focus was on how digital farming tools, modern farm machines, and farm data management systems will drive the European agriculture sector to take on the double challenge of producing sufficient quality food and safeguarding biodiversity.
See all the green initiatives stated on #43. We continue to support conservation efforts with third parties.
*
*
*
44 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
CNH Industrial is proud to partner with Small Business, Veteran Owned, Women or Minority Owned, Native American Owned and other Disadvantaged Business Enterprises.
Monroe Tractor 1001 Lehigh Station Road, Henrietta, NY 14667 — WBE Certified noted on website www.monroetractor.com
Yukon Equipment in AK is Native Owned. It was established under the Alaska Native Claims Settlement Act of 1971. https://yukoneq.com/about-us/ 45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
We are dedicated to our Clean Energy Leader® strategy, launched in 2006, which promotes the use of renewable fuels, systems to reduce emissions, technological tools, and sustainable agricultural practices. We recognize today as a global leader in powerful, reliable, and highly efficient equipment that helps our members meet the challenges of modern-day tasks. We have numerous models in several product lines which speak to understanding member needs and proving them with the correct solution. This is accomplished by our strong dealer network and our field teams working together to help our members define their needs. Our dealers are measured on technical, financial and sales performance levels and maintain certifications to back up these performance levels. Our focus is to align with what our members' needs are while controlling costs. We also have our unique demo/rental program available to members under this proposal. A member can use the product in advance and receive additional discounts if they choose to purchase the equipment. This allows the member to make sure they are getting the right product for the job. New Holland Construction partnership with Government Solutions Team (GST) will continue to have an impact on the members through the education and speaking opportunities they are afforded during our meetings and events as well as during events taking place at all levels throughout North America which they are invited to attend. Their vast array of knowledge and experience working with members in this sector compliments our team in the field with getting the Sourcewell contract utilized and talked about. Their ability to speak to the members as a third party has been of great value in successfully helping members understand how to utilize the contract.
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. mLi
Ite46
Question
Response
Do your warranties cover all products, parts, and
labor?
New Holland Construction and Case Construction covers all products, parts and labor. This is defined in our Warranty and Limitation of Liability agreements for both brands. For Case Construction this is defined in the Dealer Operating guide.
*
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L.2-72
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 47 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
Both New Holland Construction and Case Construction have items that are not covered such as:
• Repairs arising from storage deterioration, failure to maintain the equipment, negligence, alteration, improper use of the equipment, collision or other accident, vandalism, or other casualty, or operation beyond rated capacity or specification.
• Repairs arising from abuse or neglect, including but not limited to:
operation without adequate coolant or lubricants, adjustments to the fuel system outside equipment specifications, over -speeding, improper storage, starting, warm-up, or shutdown practices, incorrect fuel or contaminated fuel, oil or other fluids.
• Normal maintenance services, such as engine tune-ups, engine fuel system cleaning, checks, adjustments, shimming, etc.
• Replacement of non -defective wear items expected to be replaced during the warranty period, including but not limited to light bulbs, spark plugs, brake or clutch linings, slip clutches, belts, chains, knives, bucket cutting edges and teeth, crawler track pads and track components, crop processing and cutting components, external drive sprockets and chains, soil engaging tools and accessories.
For other items please see the Warranty and Limitation of Liability agreements for both brands.
48 Do your warranties cover the expense of
technicians' travel time and mileage to perform
warranty repairs?
Case Construction does reimburse on some Heavy Construction products. 49 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
Both New Holland Construction and Case Construction dealer network provide technicians for repair and the network covers the entire of North America.
50 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
We will cover certain items made by other manufacturers. Certain items are covered by some OEM's such as engines manufactured by Deutz, Kubota, Yanmar, etc. We do not cover warranty for items made by other manufacturers. Coverage detail is provide in the Warranty and Limitation of Liability agreement form which the customer signs at the time of delivery. 51 What are your proposed exchange and return
programs and policies?
CNH Industrial's responsibilities include, but are not limited to:
- Deliver a unit that is free of defects in material and workmanship - Reimburse for costs for repairs that are the result of defects in material and workmanship
- Provide warranty payment to dealers per policy in a timely manner - Provide service information to dealers via the Technical Help Desk - Identify product deficiencies and corrective action by Product Improvement Programs
- Make determinations of premature wear
- Provide operators manuals
If for some reason defects/failures arise, CNH Industrial will take corrective action under the warranty policy. Returns/Exchanges are not allowed. 52 Describe any service contract options for the
items included in your proposal.
We do provide services under ProCare Program for Heavy Construction equipment; where a customer receives Extended Warranty coverage, and it includes planned maintenance for 3 years & SiteWatch subscriptions.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 273
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 Table 10: Payment Terms and Financing Options
Item
Question
Response *
53 Describe your payment terms and accepted payment
methods.
Payment terms are Net 30, after receipt of invoice. Acceptable payment methods would be at the local dealer's discretion, but most would accept cash, ACH, Check and P -Card.
*
*
*
54 Describe any leasing or financing options available for use by educational or governmental entities.
Financing options and leasing solutions are available from CNH Industrial Capital America LLC. Sourcewell members should contact the local CNH brand construction equipment dealer to see what options are available.
55 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
CNH Industrial will administer a matrix that will be published on our Dealer Portal and/or sent to our dealers notifying them of the contract period, products awarded, and discounts off list price so they can quote equipment to members. The sample matrix will be uploaded for your reference.
We provide the dealers with a matrix which provides the Sourcewell member with the product, discount off list and pricing available to them.
56 Do you accept the P -card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Acceptance would be at the local dealer's discretion.
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item
Question
Response *
57 Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
We are offering discounts off the product category. The total purchase price will include a discount off the list with freight, setup, surcharge, and any other extra costs associated with the final sale on separate line items.
CNH Industrial Discounts off List price:
Skid Steer Loaders 35%
Compact Track Loaders 32%
New Holland Tractor Loader Backhoe 35%
Case CE Tractor Loader Backhoe 37%
Tractor Loader 32%
Compact Wheel Loader 32%
Crawler Excavator 32%
Rough Terrain Forklifts 32%
Compact Dozer Loader 32%
Crawler Dozer 37%
Heavy Wheel Loader 37%
Heavy Excavator 32%
Motor Grader 32%
Compaction 32%
*
58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
CNH Industrial discounts are off list price ranging from 32% to 37%.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L.2-74
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 59 Describe any quantity or volume discounts or rebate
programs that you offer.
CNH Industrial does not offer any additional discounts currently. Our local dealers are authorized at their discretion to provide additional discounts.
*
*
*
*
*
*
60 Propose a method of facilitating "sourced" products or related services, which may be referred to as "open
market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a
percentage," or you may supply a quote for each such
request.
The proposed pricing for sourced equipment or services will be "open market." CNH Industrial will provide a quote for each request. Dealers may provide additional discounts at their discretion on the unit in question.
61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
Additional cost that maybe associated with each transaction that dealers may include:
-Set-up/pre delivery inspection
-Surcharges if applicable
-additional manuals
-freight
-training
62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
Freight, both from manufacturing facilities, distribution points, or transfers from other dealers' inventory will be added as a separate line item. This cost is FOB, but CNH Industrial often subsidizes it to remain competitive in the marketplace.
63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Shipping and delivery expenses calculation method will be used for offshore delivery as well as Alaska, Hawaii, and Canada. 64 Describe any unique distribution and/or delivery methods or options offered in your proposal.
We do offer the option for equipment to be coded "will call." This allows the customer to pick up the equipment from the
manufacturing/distribution points. This can lower the cost of the transaction.
Table 12: Pricing Offered
tm
The Pricing Offered in this Proposal is: *
Comments
65 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
Table 13: Audit and Administrative Fee
Line
Item
Question
Response *
66 Specifically describe any self -audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
Our dealers are required to upload documents when they
purchase equipment. They will upload the customer's
purchase order, dealer's invoice to customer, and
authorization letter. Each month Government Sales Manager * audits the Sourcewell documents and verifies membership, pricing, discount, etc. Each quarter a report is generated on all Sourcewell sales and sent to the buyer.
67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.
Market Share is important to our business. Each month we run reports from AEM to understand our position in the
marketplace. This report includes total government sales, and from the percentage of government sales going into
Sourcewell is determined. Our goal is to continue to grow * this matrix in the percentage of government sales to
increase Sourcewell sales. We also are looking at our year over year and quarter -over -quarter results in sales volume dollars. This will show us if we are on target for growth vs that of last year's quarter.
68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per -unit fee; it is not a line -item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.)
CNH Industrial agrees to continue to pay Sourcewell a
0.75% contract fee. Our contract has continued to grow, which results in profit for all parties involved.
*
Table 14A: Depth and Breadth of Offered Equipment Products and Services Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 275
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 Line
Item
Question
Response*
69 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
New Holland Construction Equipment:
MEET YOUR CHALLENGES HEAD-ON
New Holland's ongoing commitment to making the most dependable and innovative construction equipment brings you the 300 Series skid steer loaders. They provide enhanced productivity, comfort and ease, while still delivering outstanding lift and breakout force and rock -solid stability. Customize your machine for your specific demands with a wide array of versatile attachments and options. The patented Super Boom® vertical lift linkage delivers maximum reach at maximum height to allow you to place loads precisely in the center of high -sided truck boxes or hoppers. New Holland Tier 4 Final engines deliver powerful performance, use less fuel and are easy to maintain to decrease your operating costs. The reliable hydraulic system delivers fast cycle times. In -line hydraulic pumps produce less noise and provide extra -smooth operation. Add the optional high -flow hydraulics to run attachments hour after hour. The 300 Series dual -range transmission provides travel speeds of more than 11 mph to save time on and between job sites. It is standard on the L320, L321, L328, and L334. New Holland's long wheelbase gives you stability and smooth riding comfort. A new available creep mode (EH models only) gives you greater control for slow -speed operations like trenching.
New Holland's 300 Series loaders make your workday more productive and comfortable with a compact track loader from New Holland. These 60 to 114 gross HP loaders are tough models that deliver incomparable performance and craftsmanship. Whether you are a farmer, contractor, or landscaper, the 300 Series loaders are built to support you and your operation. They hold fast to steep slopes and move easily through muddy or sandy terrain to complete jobs quickly and efficiently.
New Holland's D Series loader backhoes represent a huge step forward in operator comfort and productivity while delivering Tier 4 Final emission compliance without compromise. A new cab design featuring 10% more space, new rear side windows, vastly improved clearance when turning the seat for backhoe operation, and hugely improved in -cab storage capacity guarantees an enhanced operator experience and increased operator productivity. Many customers need a loader that offers the versatility to do a lot more than just move bulk material, including grading and leveling as well as grabbing heavy items like tree trunks and concrete pillars. They also need a tractor unit offering the traction and power to push materials into place or out of the way. With a 4 -in -1 bucket, a D Series loader backhoe delivers exceptional performance with just a single attachment. Choose a 6 -in -1 bucket and you have the option to flip down adjustable pallet forks for handling palletized loads without a dedicated vehicle. The backhoe can be equipped with a wide choice of buckets to match excavation, water -course clearance, trenching and other demands.
You can also fit post hole diggers, hydraulically extendable dipper and countless other tools. The long, nearly 23 -ft. reach of both the standard and telescopic dipper allows digging depth comparable to many conventional dedicated excavators. Add the new updated cab featuring a new heated seat and up to ten LED lights and exterior side lights on the cab roof, and there are no performance compromises with a New Holland D Series loader backhoe.
CLASS -LEADING POWER AT BUCKET AND HITCH
The U80D tractor loader from New Holland delivers 74 gross horsepower of clean power with its Tier 4 Final certified engine. You get responsive power at both bucket and hitch, so the U80D pays its way by loading, stacking, scraping and leveling. Add the Glide Ride option, and the boom cylinders become the equivalent of giant shock absorbers to stabilize the load while traveling. The curved -arm loader linkage provided on the U80D tractor loader provides hydraulic bucket leveling for less spillback, as well as excellent reach at maximum dump height for truck loading.
The unique reverse -mounted loader arm cylinders give you maximum bucket breakout force and superior dump speed on the bucket. Rugged Class II three-point hitch with controllable down pressure provides excellent scraping and leveling performance. The synchromesh transmission with power shuttle gives you smooth control and easy forward -reverse shuttling.
New Holland compact wheel loaders do more than load. With dependable engine and hydraulic power and a choice of buckets and attachments, you can easily scrape, grade, haul and more. Z -Bar linkage design provides maximum breakout force, digging and lifting power for high -production load -and -carry applications. For applications where self -leveling is needed, like forklift work, consider the W50C TC Tool Carrier model. A stable compact design allows you to work and maneuver easily in restricted spaces. A lower machine height and lower center of gravity increases the stability of New Holland compact wheel loaders so you can lift and move larger loads, travel smoothly and quickly, and operate with more confidence.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 276
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 You can work next to buildings, foundations, and roads with greater confidence in a New Holland Construction C Series compact excavators. They combine power, performance, and versatility to make the very most of every minute of your day. C Series excavators deliver big digging and grading performance with SAE bucket breakout forces up to 8,490 Ibf and dig depth up to 12.5 feet. Their compact design and zero/short tail swing mean you can dig, fill, and grade in the most confined, congested areas. You can offset the excavator boom left or right within the operating range to match the situation. The C Series also offers more ground clearance and excellent dozer blade lift height for maneuvering and working in tough conditions. With seven models from 1.7 to 6 tons, there is nothing small about the performance of New Holland compact excavators. All models offer an increase in horsepower compared to previous models, powered by quiet, fuel -efficient Tier 4 Final engines up to 66.9 horsepower. Ease and comfort equate with operator productivity, so the wide C Series cab is designed for spaciousness, all-around visibility, comfortable seating, and smooth control. New Holland's Auto Shift traveling system automatically downshifts when load increases to enhance travel torque on slopes and in difficult conditions, then shifts back up to secure a faster travel speed after the load decreases. The Auto Idle system activates when you are not using the operating levers to improve fuel efficiency.
Case Construction Equipment:
The CASE B Series skid steers build on more than 50 years of engineering and field experience to provide the most intuitive operator experience and comfortable working environment ever built into a CASE skid steer — including an eight -inch LCD multi -function display and simple electro-hydraulic controls. The design simplifies operation and puts more power and control into the hands of the operator. Match that with productivity -enhancing horsepower and torque, powerful auxiliary hydraulics, and industry -leading visibility — and CASE B Series skid steers allow you to get more done every day.
The CASE skid steer lineup features the sizes, lift patterns, power, and emissions solutions to match any application. Five radial -lift and three vertical -lift skid steers across numerous horsepower and size classes ensure that you will find the right solution for your operation. CASE B Series skid steers also provide operators with the most feature -rich operator experience ever found in a CASE skid steer, including electro-hydraulic controls, "Creep Speed" functionality, an automotive -style information display with improved fault codes and troubleshooting, as well as Economy Modes with engine protection. The eight -inch LCD multi -function display serves as the command center for the machine and includes the industry's only backup camera visible in a split screen display with machine data.
The CASE B Series compact track loaders offer a completely re -imagined operator interface and environment to simplify operation and put more power and control into the hands of the operator — including an 8 -inch LCD multi -function display and simple electro-hydraulic controls. Match that with industry -leading visibility, productivity - enhancing horsepower and torque, extreme attachment versatility, and lift geometries and size classes to meet every demand — and CASE B Series compact track loaders have the strength and performance to handle your toughest jobs. Jobsite productivity and awareness are driven by industry -leading visibility — further improved with the backup camera and a cab -wide rearview mirror. Operators have the industry's best perspective of the job through large front and side windows, a low entry threshold for greater visibility down to the bucket, a low sloping rear hood and 360 -degree lighting.
CASE backhoe loaders — extra power when you want it, precise control where you need it and a sophisticated -yet -simple machine that needs less from you to get more done, more quickly. When your backhoe legacy dates to the world's first fully integrated production backhoe loader, you know they are expected to do everything.
So, you engineer them to be stronger and more responsive, roading, loading, or digging. That is the Tier 4 Final N Series backhoe. Give your backhoe a shot in the arm. At the push of a button, Power Boost provides a temporary surge of power — up to 8% more breakout — without decreasing RPMs (Revolutions Per Minute) so you can quickly muscle through obstacles and tough or frozen ground. (Not available on 580N EP or 580N backhoes).
The CASE 570N EP tractor loader combines unbeatable lifting strength, ground speeds as fast as 24mph, and user-friendly features to provide contractors with a skip loader that is impressively cost effective, and incredibly easy to own and operate. It is available with a rear 540 -RPM PTO (Power Take Off) or 3 -point hitch, as well as a hydraulic front quick coupler for optimal versatility. The CASE 570N EP tractor loader has a full height lifting capacity of 6,503 LB., giving you more than three tons of lifting strength to move, load and stock more piles, palettes, and material. Loader arms have heavy-duty in -line parallel linkage with a solid thru-pin design, dual bucket cylinders and a standard material retention feature to evenly transfer bucket stress up and through full dump. It all works together to provide faster cycles with less spillage.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L.2-77
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 The enhanced CASE G Series wheel loaders simplify operation through a touchscreen display and give operators even greater control with adjustable electro- hydraulic controls, optimized power modes and programmable configurable buttons near the joystick. These buttons put your most common settings and functions mere inches away from the joystick, further simplifying operation. All while delivering — and improving — the power, productivity, and efficiency you already expect from CASE G Series wheel loaders. Extreme fuel efficiency, lower engine operating temperatures and a no DPF/no regen emissions solution are matched with features designed to shorten cycle times, increase uptime, and make you even more efficient. An optional, factory -integrated payload system drives greater accuracy and loading efficiency in operations from quarries and job sites to feedlots and supply yards — and makes the investment/deployment in a payload system entirely turnkey (no separate financing/installation/etc.).
C Series motor graders expand the CASE lineup with well-equipped models ideally suited for small -to -mid -size grading operations for municipalities, road maintenance and general construction. Their SCR -only Tier 4 Final engine solution delivers fuel - saving performance with minimal cost or maintenance from the operator and with the product assurance of ProCare, ownership and upkeep has never been easier.
Models come standard with the productivity -boosting features operators want and are available as standard drive or AWD, and as machine control -ready for integrating into precision fleets. C Series graders deliver smooth, automatic shifting thanks to an Ergopower transmission and torque converter. And with the hydraulic differential lock and automatic power splitting, torque is instantly transferred from a slipping tire to one with more traction, providing constant traction without throttle adjustment necessary.
The CASE H Series rough terrain forklifts get it done smoother, easier, and faster.
With fast lifting speeds, roading speeds of up to 24 mph (38.6 km/h), lifting capacities of up to 8,000 lbs. and a slew of unique features that keep loads level and forklift operators comfortable, these high-performance, Tier 4 Final forklifts truly do raise the bar. Rough terrain forklifts are designed for two things: lifting and moving loads. We have engineered the H Series forklifts to be the best at both.
With lifting speeds of 107 feet per minute and roading speeds of 24 mph, you will be able to raise, haul and place quicker to finish the job faster.
The all -new E Series excavators build on that legacy with seven new models - including two new class sizes - designed from the ground up to revolutionize the operator experience through laser focus on the things operators care about most:
reliability, cab comfort and performance. We give you a full line-up of solutions for every size and type of jobsite, whether you are trenching in open fields or working a single lane on the highway. And the growing list of OEM -fit machine control technologies available throughout the new E Series lineup shows our commitment to always delivering improved performance, precision, and profitability.
The CASE M Series dozers are among the most powerful and efficient — and now even more precise with factory -fit machine control. This makes it easier than ever to get into machine control and to experience its benefits: increased productivity, improved performance, and reduced wear -and -tear on your dozer fleet. Match that with industry leading power, extreme visibility to the work area, an intuitive operator interface/experience, and the full support of CASE and its dealer network — and CASE M Series Dozers will drive your success from heavy bulldozer work to fine grading. It is all about the drawbar pull — and the tractive effort and related pushing power it creates. CASE M Series dozers provide best -in -class drawbar pull (varies by model), and a powerful and robust undercarriage with a variety of track and extended life options to meet your pushing needs.
CASE MinotaurTM DL550 — an all -new, industry -first equipment category: the compact dozer loader. The integrated C -frame delivers true dozer performance and the agility and finesse of a loader. CASE Universal Machine Control allows you to use the precision construction technology you prefer*. It is compatible with hundreds of attachments, and the addition of an industry -exclusive fully integrated ripper makes this machine one -of -a -kind. It has the strength, attitude, and intelligence to stake a claim as the industry's most versatile and powerful compact machine.
Minotaur demonstrates CASE's commitment to delivering real -world innovation rooted in customer need. With 29 patents**, more than 10,000 field test hours, multiple customer clinics, countless operator evaluations, product refinements and even more evaluations after that — we've put this machine to the test to deliver you the highest standard in quality. Built mean for tough conditions and smart for precision grading, you can take it all on with confidence. Transform your operation with CASE Construction Equipment.
*Machine control solution of your choice sold separately **21 patents granted, 8 pending
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 278
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 No two compaction jobs are the same. All three series of CASE vibratory rollers — double drum, single drum, and pneumatic tire — provide operators with the right combination of brute compaction force and precise control for all materials, lift profiles and jobsites. Double drum. Combi. Compact. Large Frame. CASE offers compaction solutions for every asphalt job, from driveways and bike paths to highways and commercial parking lots. Industry -leading climbing up to 67 percent grade matches with a design for powerful compaction while remaining versatile, easy to transport and fuel efficient. The PT240D provides the flexibility for both sub- base and asphalt compaction in large-scale paving projects, improving compaction quality and completing the work in fewer passes — all in a Tier 4 Final machine. 70 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
There are various subcategories of solutions that may describe our equipment these include earth moving equipment, agriculture, residential construction, utilities, quarry and aggregates, roads and bridges, landscaping, waste and scraping, non-residential construction, and snow removal.
CNH INDUSTRIAL supports your municipality by optimizing equipment for productivity.
That also means we are constantly striving to design machines that are simple to own. Our customers provide input to help guide machine enhancements, to improve serviceability, visibility, stability, power, ease of operation and transport, extended time between refueling, noise reduction and cold -weather starting — just to name a few. And when you buy equipment from CNH INDUSTRIAL our relationship does not stop at the transaction. CNH INDUSTRIAL dealer network is on -hand to help you build the right equipment for your jobsite, and after you buy, for advice on daily checks, operator environment configuration and help with planned maintenance.
Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line Item
Category or Type
Offered *
Comments
71 Wheeled, tracked, and backhoe loaders
r Yes
r No
Case construction provides (7)
different TLB models ranging from 74
(HP) horsepower to 110 (HP)
72 Motor Graders
r' Yes
r No
Case Construction offers two classes
of Motor Graders, the 836C (137 HP)
and the 856C (173 HP).
73 Wheeled and tracked excavators
r Yes
r No
Case construction offers seven
different models of compact
excavators, two types of midi
excavators and sixteen diverse types
of heavy excavators (full-size
excavators).
74 Bulldozers, compactors, scapers, articulated and
rigid haulers
r' Yes
r No
CNH INDUSTRIAL (Case New Holland
Industrial) offers (6) Bulldozers ranging
from 68 to 214 horsepower
75 Cranes
r Yes
r No
76 Accessories or attachments for the offering in #71-
75 above
r' Yes
r No
CNH INDUSTRIAL (Case New Holland
Industrial) provides hundreds of
attachments specifically designed to
meet your equipment needs. We will
include brochures highlighting the vast
array of attachments we provide that
range from snow -pushers, augers, bale
handlers, buckets, brooms, and much
more.
77 Technology or services for the offering in #71-75
above
r: Yes
r No
CASE ProCare is the most
comprehensive and standard -from -the -
factory heavy machine support
program in the industry. It comes with
a 3-year/3000-hr full machine factory
warranty, 3-year/2000-hr planned
maintenance and 3 -year Advanced
SiteWatch subscription. With CASE
ProCare, you receive complete factory -
provided coverage on select new
heavy machine orders.
Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 279
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 Table 14C: Required Offering of Equipment
Indicate below if the proposer's proposal includes at least one (1) of the following listed types or classes of equipment. Provide additional comments in the text box provided, as necessary.
Line Item
Category or Type
Offered
Comments
78 Wheel loader with published net horsepower (HP)
of at least 300 HP
r Yes
r No
CASE Construction offers two Wheel
Loader's with published net
horsepower (HP) of at least 300 HP.
79 Wheeled or tracked excavator with a published net
horsepower (HP) of at least 150 HP
c Yes
r No
Case Construction provides (10) full -
sized excavators with a published net
horsepower (HP) of at least 150 HP.
80 Motor Grader with a published maximum operating
weight of at least 30,000 lbs.
r: Yes
r No
Case construction has (1) Motor
Grader with a published maximum
operating weight of at least 30,000 lbs.
81 Rough terrain, all terrain, crawler, floating, lattice, or telescopic crane with a published maximum lifting
capacity of at least 300 tons and a published
maximum boom length of at least 150 feet
r Yes
c No
CNH INDUSTRIAL (Case New Holland
Industrial) does not have Cranes in its
current offering.
Exceptions to Terms, Conditions, or Specifications Form Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • Pricing - CNHI Price pages.zip - Friday January 13, 2023 07:29:27 • Financial Strength and Stability - CNHI Annual report & Sustanibility report.zip - Friday January 13, 2023 07:37:31 • Marketing Plan/Samples - Buyers Guide back page.docx - Friday January 13, 2023 07:21:33 • WMBE/MBE/SBE or Related Certificates (optional)
• Warranty Information - CNHI Warranty.zip - Friday January 13, 2023 07:32:04 • Standard Transaction Document Samples - NH CE and Case CE matrix.zip - Thursday January 12, 2023 14:43:50 • Upload Additional Document - CNHI awards, certificates & licenses & Brochures.zip - Friday January 13, 2023 09:54:58 Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 280
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.cov/ofac/downloads/sdnlist.pdf;
2. Included on the government -wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 281
DocuSign Envelope ID: B078CCAE-5C98-4177-BC3F-8EC890AE6487 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
I By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Amy Swett, Government & Fleet Sales Account Manager, CNH Industrial America LLC
The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes r. No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_5_Heavy_Construction_Equipment_RFP_011723
Tue January 10 2023 08:47 AM
Addendum_4_Heavy_Construction_Equipment_RFP_011723
Fri January 6 2023 09:51 AM
Addendum_3_Heavy_Construction_Equipment_RFP_011723
Thu December 29 2022 12:33 PM
Addendum_2_Heavy_Construction_Equipment_RFP_011723
Wed December 21 2022 01:49 PM
Addendum_1_Heavy_Construction_Equipment_RFP 011723
Thu December 15 2022 09:27 AM
1 2
2 1
1 Bid Number: RFP 011723
Vendor Name: CNH Industrial America L 282
Agenda Item No: 1.e
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 3, 2024
Submitted by: Lesley Whittaker
From: Development Services
Subject:
Tentative Parcel Map No. (TPM) 2024-113 Pertaining to the Subdivision of an +/- 4.97 Acre Lot into Four Parcels, with a Remainder Parcel located at 440 N. Jefferson within the R-3 (High Density Multiple -Family Residential) Zoning District Financial Impact:
Fiscal Impact:
Approximately $3,000,000 of Total Development Impact Fee Revenue associated with the anticipated construction of 140 Townhomes.
Summary:
At the Planning Commission meeting held July 9, 2024, the Planning Commission voted 5-0-2- 0 (2 absent) to recommend approval of TPM 2024-113 to the City Council. TPM 2024-113 is a request to permit the subdivision of an approximately 4.97 -acre parcel into four (4) parcels, with a remainder parcel on a property located at 440 N. Jefferson Street (APNs: 346-162-01 and 346-162-02). In accordance with Placentia Municipal Code (PMC) Sections 22.80.060 and
22.80.070, the Planning Commission hereby submits a report of its findings and recommends approval of TPM 2024-113 to the City Council.
Recommendation:
Recommended Action: It is recommended that the City Council:
Adopt Resolution R-2024-57, a Resolution of the City Council of the City of Placentia, California, adopting a categorical exemption pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000-21177 and §15000 et seq. of Title 14 of the California Code of Regulations) (CEQA) and Approving Tentative Parcel Map No. TPM 2024-113 pertaining to the subdivision of property located at 440 N. Jefferson Street (Assessor's Parcel Numbers 346-162-01 and 346-162-02) and making findings in support thereof.
Strategic Plan Statement:
This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve:
Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing in the City consistent with the City's Housing and Land Use Elements.
283
Discussion:
The subdivision is not intended for development, and no development will be permitted under the proposed TPM. The subdivision will facilitate financing options for the future development of multiple family residences on the property.
While the subject TPM is for financing purposes, it is notable that parcels 2, 3, 4 and the remainder lot do not have street frontage, as required by PMC Section 22.16.020 Area and Width — Residential Districts. However, this Parcel Map is solely for financing purposes, and one condition of the TPM approval is to require a new subdivision map and related Development Plan Review for any future development. A subsequent Tentative Tract Map has been submitted to facilitate future development on this property, eventually resulting in 140 residential condominium units. The subsequent development will be subject to all standards of the PMC including but not limited to lot sizes, setbacks and density.
PMC Section 22.80.010(a) requires a Parcel Map for all subdivisions of four or fewer parcels and Section 22.80.060(c) requires that the Planning Commission take action to recommend to the City Council conditional approval or denial of the map. The breakdown of the four (4) parcels and remainder lot are shown in the table below. The subsequent tract map that will be submitted will not reflect the same.
Parcel No.
PMC Minimum Lot Size
Proposed Lot Size (square
feet)
1 8,000 sq.ft.
90,170 sq. ft.
2 8,000 sq.ft.
9,355 sq. ft.
3 8,000 sq.ft.
98,904 sq. ft.
4 8,000 sq.ft.
10,405 sq. ft.
Remainder
8,000 sq.ft.
9,958 sq. ft.
Subject Site and Surrounding Land Uses:
The subject site is located within High Density Multiple -Family Residential, with residential to the easterly direction, and northerly -across Orangethorpe Avenue. The City of Anaheim boundary is located west of this subject site, across Jefferson Street. Currently, the Anaheim site is being used for manufacturing purposes. The site's southern boundary is the Orange County Flood Control Channel, and beyond the channel is manufacturing uses and structures.
The table below shows surrounding existing land uses, zoning, and General Plan designations. The subject site contains twelve active oil wells, which the applicant and property owner is currently in process of capping the wells. In the near future, when the subject site is developed, the applicant will submit certification of abandoned wells pursuant to all state, county, and local regulations.
Location
Existing Land Use
General Plan Land
Use Element
Designation
Zoning Map
Designation
Subject Site
Oil & Gas
Production, largely
vacant
High Density
Residential
R-3 (High -Density
Multiple Family
Residential)
284
North (Across
Orangethorpe)
Apartments
Specific Plan
SP -7 (Specific Plan 7)
West (Across
Jefferson St)
City of Anaheim
(Manufacturing)
City of Anaheim
City of Anaheim
East
Townhome
Condominiums
(Hudson)
High Density
Residential
R-3 (High -Density
Multiple Family
Residential)
South (across OC
Flood Control
Channel)
Manufacturing
Industrial
M (Manufacturing)
Environmental:
The proposed application was reviewed by staff in accordance with the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia. Staff recommends and the Planning Commission recommended that the City Council exercise its independent judgment and find that TPM 2024-113 is exempt from CEQA pursuant to State CEQA Guidelines §15315 (Class 15 - Minor Land Divisions), as it applies to the division of property in urbanized areas zoned for residential use into four or fewer parcels, the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.
Conclusion:
The proposed project is consistent with the City's General Plan and meets most of the minimum development standards of the PMC. Staff have addressed areas of concerns within the conditions of approval for this Tentative Parcel Map. The proposed subdivision located within the existing R-3 Zoning District will be compatible with adjacent land uses and will not result in any adverse impacts to the surrounding area and will preclude the forthcoming Tentative Tract Map and Development Plan Review.
Fiscal Impact Summary:
Pursuant to PMC Title 5 all new development is subject to Citywide Development Impact Fees. The proposed Tentative Parcel Map will allow the developer to move forward with the future development, which will result in approximately 140 residential units. The subsequent construction of new townhomes in the future, made possible by this intermediary tentative parcel map, will result in approximately $3,000,000 of total Development Impact Fee revenue.
It should be noted that future construction will also require payment of user fees such as building plan check and building permit fees as well as annexation into CFD 2014-01 or its successor.
Attachments
1.and 1.a._Resolution_R-2024-57_-_TPM_2024-113.docx
2. TPM 2024-113 Tentative Parcel Map
3. Vicinity Map
4. Site Photos
285
RESOLUTION NO. R-2024-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA, ADOPTING A CATEGORICAL
EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE
§§ 21000-21177 AND §15000 ET SEQ. OF TITLE 14 OF THE
CALIFORNIA CODE OF REGULATIONS) (CEQA) AND
APPROVING TENTATIVE PARCEL MAP (TPM) 2024-113
PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED
AT 440 N. JEFFERSON STREET (ASSESSOR'S PARCEL
NUMBERS 346-162-01 AND 346-162-02 ) AND MAKING
FINDINGS IN SUPPORT THEREOF
A. Recitals.
WHEREAS, On July 9, 2024, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Tentative Parcel Map No. TPM 2024-113 for the property located at 440 N. Jefferson Street (Assessor's Parcel Numbers 346-162-01 and 346-162-02).
WHEREAS, The City Council heard testimony, received a report and other relevant information from City staff, regarding a Tentative Parcel Map application.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this City Council with regard to the Application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. The subject subdivision is not likely to cause serious public health problems. Subject to compliance with the attached Conditions of Approval set forth in Attachment "1.A." of the staff report (Attachment A to Resolution R-2024-57
ATTACHMENT 1
286
this Resolution) and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and development standards of the (R-3) High Density Multiple -Family Zoning District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC). b. The proposed use is consistent with the City's General Plan.
The General Plan Land Use designation for the subject site high -density residential, and the proposed use does not involve any change in the allowable land use of the subject site. The proposed project involves the subdivision of a +/- 4.97 -acre parcel into four parcels with a remainder parcel for financial purposes that is consistent with the (R-3) High Density Multiple Family Zoning District and the General Plan. c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.21 of the PMC. City Staff carefully examined the proposed subdivision against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed subdivision includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements and to ensure full compliance with the General Plan, and with applicable design improvements required therein.
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this Tentative Parcel Map approval. Attachment "1.A" of the staff report (Attachment A to this Resolution) contain Conditions of Approval and Standard Development requirements specific to this application in order to provide assurances that the proposed subdivision and related on and off -site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan and with all provisions of Title 22 of the PMC. The proposed Tentative Parcel Map application is to subdivide an existing 4.97 -acre parcel into four parcels, with a remainder parcel, for financial purposes only. The proposed map is consistent with all polices, programs, and goals of the General Plan.
f. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As part of the review of the application, an extensive record research was completed. Additionally, the application submitted a preliminary title report with their application.
g. That the design of the subdivision or the proposed
improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is an underutilized property that only has limited vegetation. There are no known areas within the City that host wildlife or their habitat.
Resolution R-2024-57
ATTACHMENT 1
287
Section 3. a. The City Council of the City of Placentia finds that TPM 2024-113 is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia pursuant to the State CEQA Guidelines § 15315 (Class 15 — Minor Land Divisions) as this subdivision will result in the division of property in an urbanized area zoned for residential use into four or fewer parcels, the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent; b. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
c. The City Council finds that facts supporting the above -specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Tentative Parcel Map 2024-113, as modified herein, and specifically subject to the conditions set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) attached hereto and by this reference incorporated herein.
PASSED, ADOPTED and APPROVED this 3rd day of September 2024.
Jeremy B. Yamaguchi, Mayor
ATTEST:
Robert S. McKinnell, City Clerk
Resolution R-2024-57
ATTACHMENT 1
288
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 3rd day of September 2024 by the following vote:
AYES:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2024-57
ATTACHMENT 1
289
Attachment A
Special Conditions of Approval for
Tentative Parcel Map No. TPM 2024-113
440 N. Jefferson St. (APNs: 346-162-01, 346-162-02)
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE TENTATIVE PARCEL MAP TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION:
1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.
2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision -making body or City staff action concerning applicant's project.
The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
3. Approval of TPM 2024-113 and the resulting Final Map is contingent upon City Council approval.
4. TPM 2024-113 shall expire twenty-four (24) months after City Council approval or conditional approval if a final map is not recorded. Upon written request by the developer the time limit may be extended an additional twelve (12) months by City Council.
5. TPM 2024-113 shall not permit any new construction. Any construction, other than the maintenance and activities of deconstructing and/or decommissioning of onsite oil operations is strictly prohibited. If the developer/owner of each resulting lots requests to construct any onsite structures, a new parcel map and development plan review application package must 290
be submitted to the city to comply with PMC 22.16.020, at which the conditions of approval for the subsequent subdivision and proposed development will replace these conditions.
6. A new tentative tract/parcel map is required to permit any development of the parcels in TPM 2024-113.
7. The developer/property owner agrees to submit a new Tentative Tract/Parcel Map, along with a corresponding development plan, within three (3) months of the City Council approval of TPM 2024-113.
8. A final map shall be prepared by or under the direction of a registered Civil Engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.
9. TPM 2024-113 and the related Final Map shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code.
10. Any modifications to the approved TPM and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the City of Placentia Planning Commission or may be approved administratively by City staff.
BUILDING DEPARTMENT
11. The parcel map, after being approved by City Council, shall be recorded by the Orange County Recording Office.
ENGINEERING DEPARTMENT
12. No construction permit shall be issued.
PLACENTIA FIRE & LIFE SAFETY DEPARTMENT
The following conditions have been applied to the above referenced project pursuant to the City of Placentia Fire and Life Safety Department adopted codes and standards, the 2022 California Fire Code and applicable rules, regulations, and standards. Conditions must be complied with as directed by Placentia Fire and Life Safety Department and shall be reviewed, permitted, inspected, tested, and approved in accordance with the requirements set forth.
13. The project shall comply with all requirements set forth by the California Code of Regulations, Title 24, Parts 1-12.
14. The adopted edition of the California Code of Regulations, Title 24, Parts 1-12, and the Placentia Municipal Code shall apply at the time the architectural plans are submitted for construction permits.
Resolution No. PC -2023-13
Page2of3
291
Prior to Construction
15. Placentia Fire & Life Safety Department at time of plan or permit submission will charge certain fees for plan review and inspections. Fees will be determined at the time of plan review and/or inspections.
Prior to Occupancy
16. Provide plans as a PDF file for pre -fire planning use by the fire department. Information shall include locations of all exits, stairwells, and roof access. Also, the location of fire hydrants, fire department connections, post indicator valves, backflow prevention, gas, electrical, water, fire sprinkler risers and standpipe valves and shutoffs, and elevator and electrical equipment rooms, fire alarm panels, and remote annunciators. The symbols used for the pre -fire plan must be obtained from Placentia Fire & Life Safety Department.
Resolution No. PC -2023-13
292
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LD PARCEL 1:
THOSE PORTIONS OF LOT 36 OF HAZARD'S SUBDIVISION, IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18, PAGE 7
OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 130 FEET SOUTH OF THE INTERSECTION OF THE CENTERLINE OF
THE PLACENTIA-YORBA STATE ROAD AND JEFFERSON STREET, AS SHOWN ON AMENDED MAP OF RICHFIELD, FILED IN BOOK 1, PAGE 26 OF RECORD OF SURVEYS, RECORDS OF SAID ORANGE COUNTY; THENCE EASTERLY ALONG THE SOUTH LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 100 FOOT RIGHT-OF-WAY, 880.31 FEET TO THE EAST LINE OF LOT 36, AS SHOWN ON ABOVE -MENTIONED MAP; THENCE SOUTH ALONG LOT LINE, 141.03 FEET TO THE NORTHWESTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 100 FOOT RIGHT-OF-WAY; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S 100 FOOT RIGHT-OF-WAY TO THE CENTERLINE OF JEFFERSON STREET;THENCE NORTH ALONG THE CENTERLINE OF JEFFERSON STREET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION OF THE HEREIN BEFORE DESCRIBED LAND LYING
SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO ORANGE COUNTY FLOOD CONTROL DISTRICT (ATWOOD CHANNEL) RECORDED SEPTEMBER 20, 1962 IN BOOK 6255, PAGE 297 OFFICIAL RECORDS OF SAID ORANGE COUNTY.
APN: 346-162-02
LD PARCEL 2:
THAT PORTION OF LOT 37 OF HAZARD'S SUBDIVISION, IN THE CITY OF PLACENTIA, COUNTY
OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN BY MAP FILED IN BOOK 1, PAGE 26 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE 100 -FOOT RIGHT OF WAY AS CONVEYED TO SOUTHERN CALIFORNIA RAILWAY COMPANY BY DEED RECORDED MARCH 18, 1905 IN BOOK 113, PAGE 315 OF DEEDS AND NORTHERLY OF THE NORTHWESTERLY LINE
OF THE RIGHT OF WAY AS CONVEYED OT SOUTHERN CALIFORNIA RAILWAY COMPANY BY DEED DATED MAY 11, 1893, RECORDED AUGUST 12, 1893 IN BOOK 81, PAGE 346 OF DEEDS.
APN: 346-162-01
VESTED OWNER:
PARCEL 1: GUARANTEE ROYALTIES INC., A CORPORATION
PARCEL 2: LAOR LIQUIDATING ASSOCIATES, A LIMITED PARTNERSHIP ORGANIZED
UNDER THE LAWS OF THE STATE OF CALIFORNIA
SITE ADDRESS:
440 JEFFERSON STREET
PLACENTIA, CA 92870
BASIS OF BEARINGS:
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING NORTH 65'16'44"
EAST BETWEEN CALIFORNIA SPATIAL REFERENCE CENTER CONTINUOUSLY OPERATING REFERENCE STATIONS "CNPP" & "SACY".
DATUM STATEMENT:
COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, 1983 N.A.D. (2017.50 EPOCH OCS GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCE, MULTIPLY GROUND DISTANCE BY 0.99999091, (MEAN VALUE).
BENCHMARK STATEMENT:
ORANGE COUNTY BENCHMARK NO. 2C-77-69
ELEVATION: 244.367 (NAVD88)
DESCRIBED BY OCS 2003 - FOUND 3 3/4" OCS
ALUMINUM BENCHMARK DISK STAMPED "2C-77-69",SET IN THE EASTERLY END OF A CONCRETE WINGWALL. MONUMENT IS LOCATED ALONG THEWESTERLY SIDE OF VAN BUREN STREET, 436 FT. SOUTHERLY ALONG VAN BUREN FROM THECENTERLINE OF
THE ATCHINSON/TOPEKA/SANTA FE RAILWAY TO A CONCRETE BRIDGE OVER A FLOOD CHANNEL, 20.5 FT. WESTERLY OF THE CENTERLINE OF VAN BUREN AND 2 FT.
WESTERLY OF THE NORTHWESTERLY CORNER OF THE BRIDGE.MONUMENT IS SET LEVEL WITH THE STREET.
FLOOD NOTE:
THE SUBJECT PROPERTY FALLS WITHIN ZONES "AE" & X PER FEMA MAP NO. 06059C0152J, A PRINTED PANEL, EFFECTIVE DECEMBER 3, 2009 LAND USE SUMMARY:
GROSS AREA: 4.972
NET AREA: 4.795
TOTAL PROPOSED PARCELS: 4
UTILITY PURVEYORS 8c
SERVICES
WATER: GOLDEN STATE WATER COMPANY
SEWER: CITY OF PLACENTIA SEWER
ELECTRIC: SOUTHERN CALIFORNIA EDISON CO
GAS: SOUTHERN CALIFORNIA GAS CO
CABLE T.V.: TIME WARNER CABLE
TELEPHONE: AT&T
TRASH: CITY OF PLACENTIA PUBLIC WORKS
SOLID WASTE: REPUBLIC WASTE SERVICES
OF SOUTHER CALIFORNIA, LLC
NOTE:
(800) 999-4033
(714) 993-8245
(800) 655-4555
(800) 427-2200
(855) 892-2253
(800) 288-2020
(714) 993-8245
(800) 700-8610
1) PURSUANT TO SUBDIVISION MAP ACT SECTION 66456.1(a),
MULTIPLE FINAL MAPS MAY BE FILED ON THIS TENTATIVE MAP.
SURVEYOR'S STATEMENT:
THE SURVEY ON WHICH THIS VESTING TENTATIVE
MAP IS BASED WAS DONE BY ME, OR UNDER
MY DIRECTION. FIELDWORK WAS COMPLETED ON
FEBRUARY 7,2023.
DANE P. MCDOUGALL, L.S. 9297
0)
w
Z
0D
z
W
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FD. S&W, NO REF., ILLEG., FLUSH.
F . S&W, NO REF.,
ILLEG., FLUSH.
TENTATIVE PARCEL MAP NO. 2024-113
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA
ORANGETHORPE AVENUE
N89"50'25"W 840.46'
880.54'
o'
40'
2'
V
N77.
12'21
`CE COVE,
FD S: W STAMPED "RCE �Op C
21005" PER R 1 FLOOD
CO_TO DISTRICT A
FLR OpWA1 ATWOOD C
� �NN=E04
(RE
LC)
PARCEL 1
353.66
FD PUNCHED BRASS CAP IN THE CITY ANAHEIM
WELL MON., PER R1 & R2, DN. 2.0 AT THE C/L
INT. OF MIRALOMA AVENUE & JEFFERSON STREET
MIRALOMA T AVENUE
EXISTING EASEMENTS:
® DENOTES PLOTTED ITEM.
i
FD BRASS DISK STAMPED -
"OCFCD" DN 1.5' PER R1
PARCEL 2
LD PAPCEL
R,„.7.„.., 492s"
��1143
9 PARCEL 3
TOTAL -LAND- AREA
GROSS: 4.972 AC.
NET: 4.795 AC.
PARCEL 1: FD. 1" IP & TAG STAMPED
"LS 3999" PER PM 86-101
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: STANDARD OIL COMPANY, A CORPORATION.
PURPOSE: PIPE AND POLE LINES RECORDING DATE: NOVEMBER 3, 1919 RECORDING NO: IN BOOK 345, PAGE 72 OF DEEDS.
N89°50'25'1/1/ 1761.08'
INT. OF S. LINE A.T. & S.F. R/W
& EAST LINE LOT 36 OF HAZARD'S
SUBDIVISION EST. BY INT.
SFN - EST. BY
PRORATION PER R1
O
O
AN OIL AND GAS LEASE FOR THE TERM THEREIN PROVIDED WITH CERTAIN COVENANTS, CONDITIONS AND PROVISIONS, TOGETHER WITH EASEMENTS, IF ANY, AS SET FORTH THEREIN. DATED: AUGUST 3, 1928 LESSOR: MARTIN ETCHANDY (ALSO KNOWN AS MARTIN ETCHEANDY) LESSEE: SUPERIOR OIL COMPANY RECORDING DATE: AUGUST 6, 1928 RECORDING NO: IN BOOK 187, PAGE 109 OF OFFICIAL RECORDS. NO ASSURANCE IS MADE AS TO THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE, NOR AS TO OTHER MATTERS AFFECTING THE RIGHTS OR INTERESTS OF THE LESSOR OR LESSEE IN SAID LEASE. AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF THE SAID DOCUMENT, AS THEREIN PROVIDED INCLUDING THE GRANT OF EASEMENTS AND SURFACE USE. RECORDING DATE: MARCH 26, 2009 RECORDING NO: 2009000143928 OF OFFICIAL RECORDS. PLOTTED EXCEPT FOR THE 50' RADIUS OPEN SPACE AREA EASEMENT DESCRIBED IN SAID INSTRUMENT NO: 2009000143928 OF OFFICIAL RECORDS WHICH IS INDETERMINATE FROM RECORD.
AN OIL AND GAS LEASE FOR THE TERM THEREIN PROVIDED WITH CERTAIN COVENANTS, CONDITIONS AND PROVISIONS, TOGETHER WITH EASEMENTS, IF ANY, AS SET FORTH THEREIN. DATED: OCTOBER 7, 1953 LESSOR: STERN REALTY COMPANY, A CALIFORNIA CORPORATION LESSEE: THE SUPERIOR OIL COMPANY, A CALIFORNIA CORPORATION, RECORDING DATE: NOVEMBER 5, 1953 RECORDING NO: IN BOOK 2607, PAGE 335 OF OFFICIAL RECORDS. NO ASSURANCE IS MADE AS TO THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE, NOR AS TO OTHER MATTERS AFFECTING THE RIGHTS OR INTERESTS OF THE LESSOR OR LESSEE IN SAID LEASE. AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF THE SAID DOCUMENT, AS THEREIN PROVIDED, INCLUDING THE GRANT OF EASEMENTS AND SURFACE USE. RECORDING DATE: MARCH 26, 2009 RECORDING NO: 2009000143928 OF OFFICIAL RECORDS.
PLOTTED EXCEPT FOR THE 50' RADIUS OPEN SPACE AREA EASEMENT DESCRIBED IN SAID INSTRUMENT NO: 2009000143928 OF OFFICIAL RECORDS WHICH IS INDETERMINATE FROM RECORD.
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT: PURPOSE: TREE WELL PLANTING AND IRRIGATION, RECORDING DATE: MAY 1, 1984 RECORDING NO: 84-179403 OF OFFICIAL RECORDS.
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT: PURPOSE: PUBLIC ROADWAY AND UTILITY RECORDING DATE: MAY 1, 1984 RECORDING NO: 84-179404 OF OFFICIAL RECORDS. PLOTTED
6. THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET, HIGHWAY, OR FREEWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE DOCUMENT, EXCEPT AT APPROVED DRIVEWAYS, ALLEYS OR STREETS. RECORDING DATE: MAY 1, 1984 RECORDING NO: 84-179405 OF OFFICIAL RECORDS AFFECTS: JEFFERSON STREET
7. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT: PURPOSE: PERMANENT TELECOMMUNICATIONS RECORDING DATE: AUGUST 21, 2013 RECORDING NO: 2013000495616 OF OFFICIAL RECORDS. RECORDING DATE: DECEMBER 10, 2013 AND RECORDING NO: 2013000665443, OFFICIAL RECORDS.INDETERMINATE FROM RECORD.
ENGINEER'S STATEMENT:
THIS VESTING TENTATIVE MAP WAS PREPARED BY
ME, OR UNDER MY DIRECTION ON MAY 31, 2024.
DANE P. MCDOUGALL, R.C.E. 80705
'
SF •
1"=50'
0 25 50 100
DENOTES PLOTTED ITEM.
PARCEL 2:
FD. 1" IP, STAMPED
"LS 2037" PER R1,
S00° 18'43W 0.06'
1 880.54'
N86°35'36'W 314.45'
LD PARCEL 2
PARCEL 4
VICINITY MAP
N.T.S -
SFN - EST. THE C/L INT. OF VAN BUREN STREET & THE
OLD C/L OF ORANGETHROPE AVENUE BY THE HOLDING
REC. DIST. OF 5.75' PER RSB 100/8-13 & R2
REMAINDER
PARCEL
FD. SPIKE & OCS BRASS WASHER STAMPED
"RCE 6979" DOWN 0.2' AT THE C/L INT. OF
ORANGETHROPE AVENUE & JEFFERSON STREET.
CIVIL ENGINEER:
i
/ FD. S&W STAMPED
"LS 7725" PER R2
N00°20'42"E 179.94'
C&V CONSULTING, INC.
9830 IRVINE CENTER DRIVE
IRVINE, CA 92618
PHONE: (949) 445-1833
PARCEL SUMMARY
PARCEL
AREA
1 90170 S.F. (2.070 A.C.)
2 9355 S.F. (0.215 A.C.)
3 98905 S.F. (2.271 A.C.)
4 10401 S.F. (0.239 A.C.)
REMAINDER
9959 S.F. (0.229 A.C.)
5.75'
W �
Lu
CC
H
(1)
z
LLI
CC
co
a
SUBDIVIDER:
TOFFOLI INVESTMENTS, LLC
3 HUGHES
IRVINE, CA 92618
(949) 768-2535
CONTACT: ALAN TOFFOLI
LEGEND:
4. CENTERLINE
SUBDIVISION BOUNDARY
EASEMENT
EX. LOT LINE
EX. R/W
EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: STANDARD OIL COMPANY, A CORPORATION.
PURPOSE: PIPE AND POLE LINES RECORDING DATE: NOVEMBER 3, 1919 RECORDING NO: IN BOOK 345, PAGE 72 OF DEEDS. PLOTTED
2. AN OIL AND GAS LEASE FOR THE TERM THEREIN PROVIDED WITH CERTAIN COVENANTS, CONDITIONS AND PROVISIONS, TOGETHER WITH EASEMENTS, IF ANY, AS SET FORTH THEREIN. DATED: OCTOBER 7, 1953 LESSOR: STERN REALTY COMPANY, A CALIFORNIA CORPORATION LESSEE: THE SUPERIOR OIL COMPANY, A CALIFORNIA CORPORATION, RECORDING DATE: NOVEMBER 5, 1953 RECORDING NO: IN BOOK 2607, PAGE 335 OF OFFICIAL RECORDS. NO ASSURANCE IS MADE AS TO THE PRESENT OWNERSHIP OF THE LEASEHOLD CREATED BY SAID LEASE, NOR AS TO OTHER MATTERS AFFECTING THE RIGHTS OR INTERESTS OF THE LESSOR OR LESSEE IN SAID LEASE. AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF THE SAID DOCUMENT, AS THEREIN PROVIDED, INCLUDING THE GRANT OF EASEMENTS AND SURFACE USE. RECORDING DATE: MARCH 26, 2009 RECORDING NO: 2009000143928 OF OFFICIAL RECORDS.
PLOTTABLE EASEMENTS DESCRIBED IN SAID INSTRUMENT NO: 2009000143928 OF OFFICIAL RECORDS DO NOT AFFECT THIS LAND (OUT OF AREA).
3. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT: PURPOSE: PERMANENT TELECOMMUNICATIONS RECORDING DATE: AUGUST 21, 2013 RECORDING NO: 2013000495616 OF OFFICIAL RECORDS. RECORDING DATE: DECEMBER 10, 2013 AND RECORDING NO: 2013000665443, OFFICIAL RECORDS. INDETERMINATE FROM RECORD.
A
B
C
D
PURPOSE OF PARCEL MAP:
THE PURPOSE OF THIS PARCEL MAP WILL BE TO CREATE
NEW PARCELS WITHIN EXISTING LD PARCELS 1 AND 2
PROPOSED EASEMENT:
AN EASEMENT RESERVES UNTO OURSELVES. SUCCESSORS, ETC.
AN ACCESS EASEMENT IN FAVOR OF PARCEL 4
AN EASEMENT IN FAVOR OF PARCEL 3 & 4
AN ACCESS EASEMENT IN FAVOR OF PARCEL 2, 3, 4
PREPARED BY:
PREPARED FOR:
IIIMI983O IRVINE CENTER DRIVE
IRVINE, CALIFORNIA 92618
CONSULTING, INC.
CIVIL ENGINEERING
LAND PLANNING & SURVEYING
(949) 9 16-38OO
[email protected]
WWW.CVC-INC.NET
TOFFOU INVESTMENTS, LLC
3 HUGHES
IRVINE, CA 92618
(949) 768-2535
CITY OF PLACENTIA
DEPARTMENT OF PLANNING AND DEVELOPMENT
PROJECT NO.
TOFF -006
TENTATIVE PARCEL MAP
NO. 2024-113
440 JEFFERSON STREET
PLACENTIA, CALIFORNIA 92870
SHEET
OF
1 1
0 N
a
O
I •
ATTACHMENT 2. VICINITY MAP
TPM 2024-113; 440 N. JEFFERSON ST.
• .. ■.M
yF+T
Zoning Code
C 21033
CO
1.1101
0.401
1 MD 210,
RIO 3
21.10 3O)
•
AI
I (0)
•
INN
13 SP
294
TPM 2024-113; 440 N Jefferson St.
Site Photos of Existing Conditions
Figure 2 Looking East at site entrance
Figure 1 Looking East at Site
295
Agenda Item No: 1.f
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 3, 2024
Submitted by: Gabriel Guerrero-Gabany
From: Public Works
Subject:
Approval of Final Parcel Map No. 2022-123 Pertaining to the Subdivision of an +/- 0.44 Acre Lot into Three Parcels Located at 1451 East Howard Place within SP -7 (Specific Plan 7) Financial Impact:
Fiscal Im pact:
Approximately $23,646 of Total Development Impact Fee Revenue Prior to Construction of three (3) New Single -Family Residences.
Summary:
On September 6, 2022, City Council approved Tentative Parcel Map No. 2022-123 for the subdivision of one existing parcel into three (3) parcels for property located at 1451 East Howard Place. The subject site is in the easterly portion of the City, east of Rose Drive, south of Yorba Linda Boulevard near the intersection of Jefferson Street and Alta Vista Street. The Parcel Map will subdivide the existing 18,997 square foot lot into three (3) separate lots.
All conditions imposed upon the subject parcel map have been met pursuant to Section 66473.5 of the California Government Code. The proposed project is consistent with the City's General Plan and meets the minimum development standards of the Placentia Municipal Code (PMC). The recommended actions will accept Final Parcel Map No. 2022-123.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve Final Parcel Map No. 2022-123, subject to final review and approval by the County Surveyor; and
2. Authorize the City Clerk to sign Final Parcel Map No. 2022-123.
Strategic Plan Statement:
This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve:
Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more housing in the City consistent with the City's Housing and Land Use Elements.
296
Discussion:
The subject site is in the easterly portion of the City, east of Rose Drive, south of Yorba Linda Boulevard near the intersection of Jefferson Street and Alta Vista Street. The subject site is currently vacant, except for existing oil storage tanks onsite. Access to the parcel is from Howard Place and Dressel Drive. The property has an existing block wall around the perimeter of the site. The Parcel Map will subdivide the existing 18,997 square foot lot into three (3) separate lots.
Placentia Municipal Code (PMC) Section 22.80.010(a) requires a Parcel Map for all subdivisions of four (4) or fewer parcels and PMC Section 22.80.060(c) requires the Planning Commission to take action to recommend to the City Council conditional approval or denial of a proposed subdivision map. On July 12, 2022, the Planning Commission voted 4-1-1 (1 absent, 1 vacancy), to recommend approval of Tentative Parcel Map 2022-123. On September 6, 2022, City Council approved Tentative Parcel Map No. 2022-123 for the subject subdivision.
All conditions imposed upon the subject parcel map have been met pursuant to Section 66473.5 of the California Government Code. The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. The recommended actions will accept Final Parcel Map No. 2022-123, as shown and documented on the attached final map.
Fiscal Impact Summary:
Pursuant to PMC Chapter 5.02 all new development is subject to Citywide Development Impact Fees. The proposed Parcel Map will result in three (3) additional lots that will be eligible for development. Based upon the zoning designation, a single-family residence can be developed on the resulting new lots of parcels 1, 2, and 3. The subsequent construction of three (3) new homes will result in approximately $23,646 of total Development Impact Fee revenue. It should be noted that future construction will also require payment of user fees such as plan check and permit fees.
Attachments
PARCEL MAP 2022-123.pdf
297
SHEET 1 OF 2 SHEETS
ALL OF TENTATIVE PARCEL MAP NO. 2022-123
3 NUMBERED PARCELS
AREA: 18,997 SQUARE FEET (GROSS AND NET)
0.436 ACRES (GROSS AND NET)
PARCEL MAP
NO. 2022-123
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA.
BEING A SUBDIVISION OF LOT 222 OF TRACT NO. 14161, AS PER MAP FILED IN BOOK 673, PAGES 37-48,
INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
KING CIVIL ENGINEERING CORP THOMAS A. KING, R.C.E. 16916 DATE OF SURVEY -FEBRUARY 2023
OWNERSHIP CERTIFICATE
I, the undersigned, being all parties having any record title interest in the land covered by this map, do hereby consent to the preparation and recordation of said map, as shown within the distinctive border line.
Realm California, LLC, a Delaware Limited Lability Company By: Blain Meith, Managing Member
NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
State of California
County of
On 2024 before me, , Notary Public,
personally appeared ,who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. )) ss
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand:
Signature
Notary Public in and for said State
(Print Name)
SIGNATURE OMISSION NOTES:
My Principal Place of Business is
in County
My Commission expires
My Commission No.
Pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act, the following signatures have been omitted:
1. AT&T Successor in Interest to Pacific Bell, its successors and assigns holder of an easement to construct and maintain underground communication facilities and incidental purposes, per document recorded October 29, 1991 as instrument No. 91-588748 of Official Records.
The following signatures have been omitted under the provisions of Section 66436 (a)(3)(C) of the Subdivision Map Act:
1. M.L. Jenks, holder of an oil and gas lease recorded September 20, 1918 in Book 7, Page 76 of Leases.
2. M.L. Jenks, holder of an oil and gas lease recorded September 20, 1918 in Book 7, Page 81 of Leases.
3. California Star Oil Company, a corporation, holder of an oil and gas lease recorded October 27, 1919 in Book 12, Page 87 of Leases.
4. Marian L. Kimball, holder of all oil, gas and mineral rights below a depth of 500 feet as reserved in a document recorded February 23, 1989 as Instrument No. 89-094986 of Official Records.
5. Ellis M. Yarnell, Trustee of the Yarnell Family Trust established March 28, 1984, holder of all oil, gas and mineral rights as reserved in a document recorded February 23, 1989 as Instrument No. 89-094987 of Official Records.
6. Richard C. Yarnell and Barbara K. Yarnell, as Co —Trustees of the trust under the Yarnell Family Trust, dated February 10, 1960, holder of all oil, gas and mineral rights as reserved in a document recorded February 23, 1989 as Instrument No. 89-094988 of Official Records.
7. Dwight D. Long Jr, holder of all oil, gas and mineral rights above a depth of 500 feet as reserved in a document recorded September 15, 1989 as Instrument No. 89-495800 of Official Records.
8. Laor Liquidating Associates, a California Limited Partnership, holder of all oil, gas and mineral rights above a depth of 500 feet as reserved in a document recorded September 15, 1989 as Instrument No. 89-495802 of Official Records.
9. The Estate of Raymond H. Thompson, deceased, Lawrence P. Lang and Gilbert H. Lang, as Successor Co —Trustees of the Lang Family Trust dated August 8, 1983; Dorothy T. Lodge; Lionel E. Cross, Jr; Virginia Garthwait; R. Orrin Cross; Ester Marlow as Trustee of the Ester Marlow Revocable Trust; California Institute of Technology; Rolla Lewis Long, Jr; B.L. Conway, as Successor Trustee under the terms and conditions of the agreement dated April 26, 1920 in Book 359 Page 366 of Deeds; B.L. Conway, Successor Trustee under the terms and conditions and with the powers set forth in the Declaration of Trust recorded July 2, 1920 in Book 358, Page 379 of Deeds; and B.L. Conway as Successor Trustee under the terms and conditions and with the powers set forth in the Declaration of Trust recorded March 10, 1921 in Book 381, Page 391 of Deeds, holders of all oil, gas and mineral rights above a depth of 500 feet, as reserved in a document recorded September 15, 1989 as Instrument No. 89-495801 of Official Records.
ACCEPTED AND FILED AT THE
REQUEST OF
FIRST AMERICAN TITLE COMPANY
DATE
TIME FEE $
INSTRUMENT NO.
BOOK PAGE
HUGH NGUYEN
COUNTY CLERK -RECORDER
BY
DEPUTY
ENGINEER'S STATEMENT:
This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of Realm California, LLC in February 2023. I hereby state that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions within 90 days after acceptance of improvements; and that said monuments are sufficient to enable the survey to be retraced. I hereby state this parcel map substantially conforms to the approved or conditionally approved tentative map, if any.
June 24,2024
Thomas A. King
R.C.E. 16916
Expiration Date: 6/30/2025
CITY ENGINEER'S STATEMENT:
Date
TESSIp,*
*OS A,4%
No. 16916
CIVIL
OF c
I hereby state that I have examined this map, that it conforms substantially to the Tentative Map and all approved alterations thereof. That all provisions of State Law and Local Subdivision Ordinances of the City of Placentia applicable at the time of the approval of the Tentative Map have been complied with and that all provisions of the Subdivision Map Act Section 66442(a)(1)(2) and (3) have been complied with.
Dated this day of , 2024
Christopher M. Tanio
Deputy Director of Public Works/City Engineer of the City of Placentia R.C.E. NO. 82756 Expiration Date: 9/30/2024
CITY SURVEYOR'S STATEMENT:
I hereby state that I have examined this map and have found that it conforms with mapping provisions of the Subdivision Map Act and I am satisfied this map is technically correct in all respects not stated by the County Surveyor.
Dated this day of , 2024
Dennis W. Janda P.L.S. 6359
City Surveyor, City of Placentia
COUNTY SURVEYOR'S STATEMENT:
I hereby state that I have examined this map and have found that all mapping provisions of the Subdivsion Map Act have been complied with and I am satisfied said map is technically correct relative to the Parcel Map Boundary.
Dated this day of , 2024
Lily M. N. Sandberg, Chief Deputy County Surveyor
P.L.S. 8402
CITY CLERK'S CERTIFICATE
State of California )
City of Placentia )ss
County of Orange )
I hereby certify that this map was presented for approval to the City Council of the City of Placentia at a regular meeting thereof held on the day of 2024, and that thereupon said Council did, by an order duly passed and entered, approve said map.
And did also approve subject map pursuant to the provisions of section 66436 (a)(3)(A) and 66436 (a)(3)(C) of the subdivision Map Act.
Dated this day of , 2024
Robert S. McKinnell
City Clerk of the City of Placentia
COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE:
State of California )
)ss
County of Orange )
I hereby certify that according to the records of my office, there are no liens against the land covered by this map or any part thereof for unpaid State, County, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments collected as taxes not yet payable.
And do certify to the Recorder of Orange County that the provisions of the Subdivision Map Act have been complied with regarding deposits to secure payment of taxes or special assessments collected as taxes on the land covered by this map.
Dated this day of , 2024
Shari L. Freidenrich BY:
County Treasurer —Tax Collector Treasurer —Tax Collector
SHEET 2 OF 2 SHEETS
ALL OF TENTATIVE PARCEL MAP NO. 2022-123
3 NUMBERED PARCELS
AREA: 18,997 SQUARE FEET (GROSS AND NET)
0.436 ACRES (GROSS AND NET)
SCALE: 1" = 40'
PARCEL MAP
NO. 2022-123
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA.
KING CIVIL ENGINEERING CORP THOMAS A. KING, R.C.E. 16916 DATE OF SURVEY -FEBRUARY 2023 BASIS OF BEARINGS:
THE BEARINGS SHOWN HEREON ARE BASED ON THE
BEARING BETWEEN O.C.S. HORIZONTAL CONTROL
STATION G.P.S. NO. 5166 AND STATION G.P.S. NO.
5212, BEING NORTH 87'04'56" EAST, PER RECORDS
ON FILE IN THE OFFICE OF THE ORANGE COUNTY
SURVEYOR.
DATUM STATEMENT:
COORDINATES SHOWN ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM (CCS83), ZONE VI
(2017.50 EPOCH OCS GPS ADJUSTMENT).
ALL DISTANCES SHOWN ARE GROUND, UNLESS
OTHERWISE NOTED.
TO OBTAIN GRID DISTANCES MULTIPLY GROUND
DISTANCE BY 0.99999028 AVERAGE VALUE.
REFERENCE NOTES:
R1— Per Tract No. 14161, M.M. 673/37-48.
( ) — Indicates record (or computed from record) per Tract No. 14161, M.M. 673/37-48.
SNF—Indicates searched nothing found
M&(R1)— Indicates measured distance and record distance per Tract No. 14161, M.M. 673/37-48.
LINE LEGEND
DIST. BORDER:
LOT LINES:
EASEMENT LINES:- - -
O.C.S. GPS 5166
N 2267437.28 E 6081674.67
FD SPIKE AND WASHER STAMPED "LS 5411", FLUSH IN AC,
PER CR 2024-2122, NO REFERENCE. ACCEPTED AS GPS POINT NO. 5166
FOUND SPIKE & WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED AS CENTERLINE INT.
DRESSEL DR. & GARCIA PLACE
TRACT X10° 14161
iL
168
GARCIA PLACE
170
169
N00'17'27"E
-OO
N89°42'38"W 225.00' Mat(R1) `V
N
30'
6 0'
o ' 30'
od W
N dj
M e N
o
r7 wJ
w
N
(I)
�J OO z CC
sNFO
cg
cp
30'
70 -
roc)
N �
Min
Ell. 673/ 37-48
29 N89'42'38"W 9.82'
N89'42'38"W
59.00'
5'
PARCEL 1
w
6,255 SF -.
N
O
O
z
\ 44.00'
OSNF
177.01'
10 59.00'
MONUMENT NOTES:
O -
C
0 CD
® -
Indicates set monument as indicated and noted hereon.
Set lead, nail & tag stamped RCE 16916 in top of wall on Parcel Corner.
Set lead, nail 8c tag stamped RCE 16916 in sidewalk 2.00' offset on prolongation of Parcel Line.
Set lead, nail & tag stamped RCE 16916 in sidewalk SO°17'22"W 2.00' offset from Parcel Corner.
Set lead, nail & tag stamped RCE 16916 in sidewalk N89°42'33"W 2.00' offset from Parcel Corner.
Indicates found monument as indicated and noted hereon. ®R2 — Indicates found lead, nail 8c tag Stamped L.S. 5921 per Tract No. 14161, M.M. 673/37-48.
A - Indicates found O.C.S. GPS control station monument per the Horizontal Control Data Sheet as filed in the Office of the County Surveyor.
EASEMENT NOTES:
An existing easement to construct and maintain underground communication facilities and incidental purposes in favor of AT&T Successor in Interest to Pacific Bell, its successors and assigns per document recorded October 29, 1991 as Instrument No. 91-588748 of Official Records. Plotted hereon.
ESTABLISHMENT NOTES:
/A\ ACCEPTED AS LOT LINE PROLONGATION PER (R1).
A ESTABLISHED BY BEARING -BEARING INTERSECTION.
/G ESTABLISHED BY HOLDING RECORD ANGLE & RADIUS
BUENA VISTA
PARCEL 2
6,368 SF
N
O
H -
W
W
c
H-
w
D
CO
PER
BASIS OF BEARINGS
R1.
N87°04'56"E 2684.27' (2684.24' GRID)
AVENUE
BUENA VISTA
O.C.S. GPS 5212
N 2267573.92 E 6084355.43
FD 1" IP WITH TACK AND TAG STAMPED "LS 3997"
DOWN 1.2' IN WELL MONUMENT. MONUMENT IS
LOCATED IN THE INTERSECTION OF HIGHLAND AVE.\
CABALLO DR. AND BUENA VISTA AVE.
PER TRACT NO. 17793, M.M. 967/9-15
ESTABLISHED AS THE NORTH LINE OF LOT 222 AS BEING
PARALLEL WITH HOWARD PLACE CENTERLINE PER R1.
I
I
T
N89'422''38"W
N89°42'38"W 227.60' (227.60
207.01'
HOWARD PLACE
N)
0 O
(177.00' R1)
S\
59.01' /a\
00 PARCEL 3
6,374 SF
=1'29'1 "
R=510.00
L=13.24'
M&(R1)
59.00' ® 34.60' / \
137.60' M&(©) �NF SNF
0 29.54'
' R1) NO'17 22 E
O
M
o
FOUND SPIKE & WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED AS CENTERLINE RADIUS POINT
HOWARD PLACE
FD. S00° 17'22"W 0.06'
161 1600
MAO X10° 1 41 61
I I
159
FOUND SPIKE & WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED AS CENTERLINE INT.
HOWARD PLACE & DRESSEL DR.
15 1 57
Ei°l° 6730 37-48
20.59'
GRANGER DRIVE
CO
fry
L7
OsNF
CD
25'
nn
0 0
N
30'0o
N)
N
w
0 0
z
6 T
1 30 31
IESTABLISHED AS THE WEST LINE OF LOT "E" AS BEING
PARALLEL WITH DRESSEL DR. CENTERLINE PER R1.
FOUND SPIKE & WASHER, FLUSH, I
STAMPED LS 5921 PER R1.
ACCEPTED AS CENTERLINE RADIUS POINT HOWARD
FD. S00' 17'22"W 0.05'
NO*17'27"E 9.77'
0'
30'
N
N89°42'38"W 150.90' (150.99' R1)
CV
N
FOUND SPIKE & WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED AS CENTERLINE INT.
HOWARD PLACE & GRANGER DR.
FOUND SPIKE & WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED AS CENTERLINE INT.
HILL STREET HILL ST. & GRANGER DR.
I-
N
N
CO
N)
I
I
PLACE
SURVEYOR'S BOUNDARY NOTE:
THERE ARE NO CONFLICTS WITH EXISTING
VISIBLE IMPROVEMENTS AND THE EXTERIOR
BOUNDARY LINE (DISTINCTIVE BORDER) OF
THIS MAP AS ESTABLISHED HEREON.
HIGHLAND AVENUE
AVENUE
Iw
E
I
O
J
m
U
J
35 I 34
AAA
Agenda Item No: 1.g
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 3, 2024
Submitted by: Gabriel Guerrero-Gabany
From: Public Works
Subject:
Approval of Final Parcel Map No. 2022-126 Pertaining to the Subdivision of an+/- 0.36 Acre Lot into Two (2) Parcels located at 412 N. Tidland Circle within the SP -7 (Specific Plan 7) Zoning District
Financial Impact:
Fiscal Impact:
Approximately $15,764 of total Development Impact Fee Revenue prior to construction of two (2) new single-family residences.
Summary:
On September 6, 2022, City Council approved Tentative Parcel Map No. 2022-126 for the subdivision of one existing parcel into two (2) separate parcels for property located at 412 N.
Tidland Circle. The subject site is in the easterly portion of the City, east of Rose Drive, south of Yorba Linda Boulevard near the intersection of Jefferson Street and Alta Vista Street. The Parcel Map will subdivide the existing 15,796 square foot lot into two (2) separate lots.
All conditions imposed upon the subject parcel map have been met pursuant to Section 66473.5 of the California Government Code. The proposed project is consistent with the City's General Plan and meets the minimum development standards of the Placentia Municipal Code (PMC). The recommended actions will accept Final Parcel Map No. 2022-126.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve Final Parcel Map No. 2022-126, subject to final review and approval by the County Surveyor; and
2. Authorize the City Clerk to sign Final Parcel Map No. 2022-126.
Strategic Plan Statement:
This item is consistent with the City Council approved 5 -Year Strategic Goal to achieve:
Implementation of Housing Element Strategies, Objective Number 3.10. This agenda item will specifically create opportunities for the development of more R-3 housing in the City consistent with the City's adopted Housing and Land Use Elements. 300
Discussion:
The subject site is in the easterly portion of the City, east of Rose Drive, south of Yorba Linda Boulevard near the intersection of Jefferson Street and Alta Vista Street. Access to the parcel is from the southern end of N. Tidland Circle. The property has an existing block wall around the perimeter of the site. The Parcel Map will subdivide the existing 15,796 square foot lot into two (2) separate lots.
Placentia Municipal Code (PMC) Section 22.80.010(a) requires a Parcel Map for all subdivisions of four (4) or fewer parcels and PMC Section 22.80.060(c) requires the Planning Commission to take action to recommend to the City Council conditional approval or denial of a proposed subdivision map. On July 12, 2022, the Planning Commission voted 5-0-1 (1 absent, 1 vacancy), to recommend approval of Tentative Parcel Map 2022-126. On September 6, 2022, City Council approved Tentative Parcel Map No. 2022-126 for the subject subdivision.
All conditions imposed upon the subject parcel map have been met pursuant to Section 66473.5 of the California Government Code. The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. The recommended actions will accept Final Parcel Map No. 2022-126, as shown and documented on the attached final map.
Fiscal Impact Summary:
Pursuant to PMC Chapter 5.02 all new development is subject to Citywide Development Impact Fees. The proposed Parcel Map will result in two (2) additional lots that will be eligible for development. Based on the zoning designation, one single family residence can be developed on the resulting new lots of parcels 1 and 2. The subsequent construction of two new homes will result in approximately 15,764 of total Development Impact Fee revenue. It should be noted that future construction will also require payment of user fees such as plan check and permit fees.
Attachments
PARCEL MAP 2022-126 COMBINED 8-13-24.pdf
301
SHEET 1 OF 3 SHEETS
ALL OF TENTATIVE PARCEL MAP NO. 2022-126
2 NUMBERED PARCELS
AREA: 15,796 SQUARE FEET (GROSS AND NET)
0.363 ACRES (GROSS AND NET)
PARCEL MAP
NO. 2022-126
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA.
BEING A SUBDIVISION OF LOT 227 OF TRACT NO. 14161, AS PER MAP FILED IN BOOK 673, PAGES 37-48,
INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
KING CIVIL ENGINEERING CORP THOMAS A. KING, R.C.E. 16916 DATE OF SURVEY -FEBRUARY 2023
OWNERSHIP CERTIFICATE
We, the undersigned, being all parties having any record title interest in the land covered by this map, do hereby consent to the preparation and recordation of said map, as shown within the distinctive border line.
Realm California, LLC, a Delaware Limited Liability Company By: Blain Meith, Managing Member
BENEFICIARY:
MISSION BANK
As Beneficiary under that certain Deed of Trust recorded APRIL 30, 2021 as Document No. 2021000293105 of Official Records.
By:
(Print Name)
(Print Title)
NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
State of California
County of
On , before me, , Notary Public,
)ss
personally appeared ,who proved to me
on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies) and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand:
Signature
Notary Public in and for said State
(Print Name)
NOTARY ACKNOWLEDGEMENT
My Principal Place of Business is
in County
My Commission expires
My Commission No.
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
State of California
County of
On
))ss
, before me, , Notary Public,
personally appeared who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY, under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand:
Signature My Principal Place of Business is
Notary Public in and for said State
(Print Name)
SIGNATURE OMISSION NOTES:
in County
My Commission expires
My Commission No.
Pursuant to the provisions of Section 66436(a)(3)(A) of the Subdivision Map Act, the following signatures have been omitted:
1. AT&T Successor in Interest to Pacific Bell, its successors and assigns holder of an easement to construct and maintain underground communication facilities and incidental purposes, per document recorded October 29, 1991 as instrument No. 91-588748 of Official Records.
The following signatures have been omitted under the provisions of Section 66436 (a)(3)(C) of the Subdivision Map Act:
1. M.L. Jenks, holder of an oil and gas lease recorded September 20, 1918 in Book 7, Page 76 of Leases.
2. M.L. Jenks, holder of an oil and gas lease recorded September 20, 1918 in Book 7, Page 81 of Leases.
3. Dwight D. Long Jr, holder of all oil, gas and mineral rights above a depth of 500 feet as reserved in a document recorded September 15, 1989 as Instrument No. 89-495800 of Official Records.
4. Laor Liquidating Associates, a California Limited Partnership, holder of all oil, gas and mineral rights above a depth of 500 feet as reserved in a document recorded September 15, 1989 as Instrument No. 89-495802 of Official Records.
5. The Estate of Raymond H. Thompson, deceased, Lawrence P. Lang and Gilbert H. Lang, as Successor Co —Trustees of the Lang Family Trust dated August 8, 1983; Dorothy T. Lodge; Lionel E. Cross, Jr; Virginia Garthwait; R. Orrin Cross; Ester Marlow as Trustee of the Ester Marlow Revocable Trust; California Institute of Technology; Rolla Lewis Long, Jr; B.L. Conway, as Successor Trustee under the terms and conditions of the agreement dated April 26, 1920 in Book 359 Page 366 of Deeds; B.L. Conway, Successor Trustee under the terms and conditions and with the powers set forth in the Declaration of Trust recorded July 2, 1920 in Book 358, Page 379 of Deeds; and B.L. Conway as Successor Trustee under the terms and conditions and with the powers set forth in the Declaration of Trust recorded March 10, 1921 in Book 381, Page 391 of Deeds, holders of all oil, gas and mineral rights above a depth of 500 feet, as reserved in a document recorded September 15, 1989 as Instrument No. 89-495801 of Official Records.
ACCEPTED AND FILED AT THE
REQUEST OF
FIRST AMERICAN TITLE COMPANY
DATE
TIME FEE $
INSTRUMENT NO.
BOOK PAGE
HUGH NGUYEN
COUNTY CLERK -RECORDER
BY
DEPUTY
ENGINEER'S STATEMENT:
This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of Realm California, LLC in February 2023. I hereby state that all monuments are of the character and occupy the positions indicated, or that they will be set in such positions within 90 days after acceptance of improvements; and that said monuments are sufficient to enable the survey to be retraced. I hereby state this parcel map substantially conforms to the approved or conditionally approved tentative map, if any.
July 22, 2024
Thomas A. King
R.C.E. 16916
Expiration Date: 6/30/2025
CITY ENGINEER'S STATEMENT:
Date
I hereby state that I have examined this map, that it conforms substantially to the Tentative Map and all approved alterations thereof. That all provisions of State Law and Local Subdivision Ordinances of the City of Placentia applicable at the time of the approval of the Tentative Map have been complied with and that all provisions of the Subdivision Map Act Section 66442(a)(1)(2) and (3) have been complied with.
Dated this day of , 2024
Christopher M. Tanio
Deputy Director of Public Works/City Engineer of the City of Placentia R.C.E. NO. 82756 Expiration Date: 9/30/2024
CITY SURVEYOR'S STATEMENT:
I hereby state that I have examined this map and have found that it conforms with mapping provisions of the Subdivision Map Act and I am satisfied this map is technically correct in all respects not stated by the County Surveyor.
Dated this day of , 2024
Dennis W. Janda P.L.S. 6359
City Surveyor, City of Placentia
COUNTY SURVEYOR'S STATEMENT:
I hereby state that I have examined this map and have found that all mapping provisions of the Subdivsion Map Act have been complied with and I am satisfied said map is technically correct relative to the parcel map boundary.
Dated this day of , 2024
Lily M. N. Sandberg, Chief Deputy County Surveyor
P.L.S. 8402
CITY CLERK'S CERTIFICATE
State of California )
City of Placentia )ss
County of Orange )
I hereby certify that this map was presented for approval to the City Council of the City of Placentia at a regular meeting thereof held on the day of 2024, and that thereupon said Council did, by an order duly passed and entered, approve said map.
And did also approve subject map pursuant to the provisions of section 66436 (a)(3)(A) and 66436 (a)(3)(C) of the subdivision Map Act.
Dated this day of , 2024
Robert S. McKinnell
City Clerk of the City of Placentia
COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE:
State of California )
County of Orange )
I hereby certify that according to the records of my office, there are no liens against the land covered by this map or any part thereof for unpaid State, County, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments collected as taxes not yet payable.
And do certify to the Recorder of Orange County that the provisions of the Subdivision Map Act have been complied with regarding deposits to secure payment of taxes or special assessments collected as taxes on the land covered by this map. )ss
Dated this day of , 2024
Shari L. Freidenrich BY:
County Treasurer —Tax Collector Treasurer —Tax Collector SIGNATURE OMISSION NOTES:
The following signatures have been omitted under the provisions of Section 66436 (a)(3)(C) of the Subdivision Map Act:
6. A document entitled "Notice of Intent to Preserve Mineral Rights", dated July 31,1997 executed by John Brown Univerisity Property Management Agency, Bank of Oklahoma, N.A., Agent, subject to all the terms, provisions and conditions therein contained, recorded October 6, 1997 as Instrument No. 19970495877, Official Records.
SHEET 2 OF 3 SHEETS
ALL OF TENTATIVE PARCEL MAP NO. 2022-126
2 NUMBERED PARCELS
AREA: 15,796 SQUARE FEET (GROSS AND NET)
0.363 ACRES (GROSS AND NET)
SCALE: 1" = 40'
PARCEL MAP
NO. 2022-126
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA.
KING CIVIL ENGINEERING CORP THOMAS A. KING, R.C.E. 16916 DATE OF SURVEY -FEBRUARY 2023 SIGNATURE OMISSION NOTES: CONTINUED FROM SHEET NO. 1
The following signatures have been omitted under the provisions of Section 66436 (a)(3)(C) of the Subdivision Map Act:
7. Union Oil Company of California, dba NOCAL, a California Corporation, holder of mineral rights, oil and/or gas subsurface rights and hydrocarbon substances below a depth of 500 feet per document entitled "Partial Quit Claim Deed", recorded December 6, 1993 as Instrument No. 93—0848996 of Official Records.
SHEET 3 OF 3 SHEETS
ALL OF TENTATIVE PARCEL MAP NO. 2022-126
2 NUMBERED PARCELS
AREA: 15,796 SQUARE FEET (GROSS AND NET)
0.363 ACRES (GROSS AND NET)
SCALE: 1" = 40'
PARCEL MAP
NO. 2022-126
IN THE CITY OF PLACENTIA, COUNTY OF ORANGE, STATE OF CALIFORNIA.
BASIS OF BEARINGS: KING CIVIL ENGINEERING CORP THOMAS A. KING, R.C.E. 16916 DATE OF SURVEY -FEBRUARY 2023
THE BEARINGS SHOWN HEREON ARE BASED ON THE
BEARING BETWEEN O.C.S. HORIZONTAL CONTROL
STATION G.P.S. NO. 5166 AND STATION G.P.S. NO.
5212, BEING NORTH 87°04'56" EAST, PER RECORDS
ON FILE IN THE OFFICE OF THE ORANGE COUNTY
SURVEYOR.
DATUM STATEMENT:
COORDINATES SHOWN ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM (CCS83), ZONE VI
(2017.50 EPOCH OCS GPS ADJUSTMENT). EASEMENT NOTES:
ALL DISTANCES SHOWN ARE GROUND, UNLESS OTHERWISE NOTED.
TO OBTAIN GRID DISTANCES MULTIPLY GROUND
DISTANCE BY 0.99999028 AVERAGE VALUE.
MONUMENT NOTES:
O — Indicates set monument as indicated and noted hereon. 1O Set lead, nail & tag stamped RCE 16916 in top of wall on Parcel Corner.
O Set lead, nail & tag stamped RCE 16916 in curb offset 10.30' on prolongation • — Indicates found monument as indicated and noted hereon. •R2 — Indicates found lead, nail & tag Stamped L.S. 5921 per Tract No. 14161, M.M. 673/37-48.
A — Indicates found O.C.S. GPS control station monument per the Horizontal Control Data Sheet as filed in the office of the Orange County Surveyor.
An existing easement to construct and maintain underground communication facilities and incidental purposes in favor of AT&T Successor in Interest to Pacific Bell, its successors and assigns per document recorded October 29, 1991 as Instrument No. 91-588748 of Official Records. Plotted hereon.
REFERENCE NOTES:
( ) — Indicates record or computed from record per referenced map.
R1 — Indicates record per Tract No. 14161, M.M. 673/37-48.
R2 — Indicates record per Tract No. 16486, M.M. 855/30-31.
R3 — Indicates record per Tract No. 16485, M.M. 855/28-29.
SNF—Indicates Searched Nothing Found.
M & (R) — Indicates measured distance and record distance.
COURSE TABLE
MEASURED
PER R1
A
R
L
A
R
L
C1
31°00'10"
90.00'
48.70'
31'00'10"
90.00'
48.70'
C2
90'00'00"
55.02'
86.42'
90°00'00"
55.00'
86.39'
C3
59'18'10"
50.00'
51.75'
59°27'15"
50.00'
51.88'
K------
FOUND SPIKE & WASHER, FLUSH,
STAMPED "PLS 4453" PER R3.
ACCEPTED AS CENTERLINE INT.
JEFFERSON STREET & HILL STREET
-N89'43'20"W 173.05' (173.00' R1) (173.02' R3)
- -
�FD. PT.
0.06'
N00' 17' 12'E 295.09'
143
11 42
161
140
30'
Lci
O
O
N
6 0'
o 30'
a;
ao 0
do
z SNF
LINE LEGEND
DIST. BORDER:
LOT LINES:
EASEMENT LINES: - - -
O.C.S. GPS 5166
N 2267437.28 E 6081674.67
FD SPIKE AND WASHER STAMPED "LS 5411", FLUSH IN AC,
PER CR 2024-2122, NO REFERENCE. ACCEPTED AS GPS POINT NO. 5166 SURVEYOR'S BOUNDARY NOTE:
THERE ARE NO CONFLICTS WITH EXISTING
VISIBLE IMPROVEMENTS AND THE EXTERIOR
BOUNDARY LINE (DISTINCTIVE BORDER) OF
THIS MAP AS ESTABLISHED HEREON.
O.C.S. GPS 5212
N 2267573.92 E 6084355.43
FD 1" IP WITH TACK AND TAG STAMPED "LS 3997"
DOWN 1.2' IN WELL MONUMENT. MONUMENT IS
LOCATED IN THE INTERSECTION OF HIGHLAND AVE.\
CABALLO DR. AND BUENA VISTA AVE.
PER TRACT NO. 17793, M.M. 967/9-15, CR 2009-2873.
BUENA VISTA
HILL STREET
N89°43'20"W 263.94' (264.00' R1) (263.98' R2 & R3)
FOUND SPIKE 8c WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED AS CENTERLINE INT.
HILL STREET & MYKKANEN CIRCLE.
N89'42'48"W
0 Lri
N
N61'24'48"W RAD
0 0
z
50.00' -
FOUND SPIKE & WASHER, FLUSH, \
STAMPED "LS 5921" PER R1.
ACCEPTED AS CENTERLINE RADIUS POINT TIDLAND CIRCLE.
/ \ 138
/ 139 \ TRACT NO. 14161
/ ESTABLISHED BY HOLDING RADIAL TO TIDLAND CIRCLE PER R1. / \
74.99'
NO'17'12"E 30.00'
CISNER0SLANE
205.01' (205.00' R1)
/
130.02' /
/H\R2 9
9.76' /
FOUND SPIKE & WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED AS CISNEROS LANE B.C.
FOUND SPIKE & WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED BEING ON THE
CENTERLINE TIDLAND CIRCLE.
137
A=90°00'00"
PARCEL 2
7,504 SF
•66'
I-
(9)
•66.
Rq0
/
SNF
ESTABLISHED BY
HOLDING
PERPENDICULAR TO BC
w
N
N
0 O
SNF
Lri
rn
/
/
/
/
132
N89'42'48"W 130.02' (130.00' R1
(100.00' R1)
ESTABLISHED AS PARALLEL
WITH NEVIN LANE CENTERLINE
PER R1.
SNF
0 O
z
0 o
O
w
N
N
O
O
z
/u\
O SNF
13O0
/
30'
350.05' (350.00' R1)
/ li °° 673/ 27-48
/
In
a)
N
N
of lot line.
ESTABLISHMENT NOTES:
ACCEPTED AS LOT LINE PROLONGATION PER R1.
�\ ESTABLISHED BY BEARING -BEARING INTERSECT.
• ESTABLISHED BY HOLDING RECORD RADIUS PER R1
/D ESTABLISHED BY HOLDING RECORD ANGLE PER R1.
w
z
W
6 0'
0 129
/
/A=00°20'38"R1)A=00'20'27"
/ (L=8.00' 3 R� ) 1) R=1333.00'
N89'52'22"W 136.93' (136.87'R1) SNF
N
0 O
2 L=26'19'16" R=1400.03' L=643.16'
(p=26'19'14" R=1400.00' L--643.15' R1
H-
(f)
O.C.S. GPS 5212
N87°04'56"84_27' (2684.24' GRID) _
z ▪ AVE.
CO
N00' 17' 12'E 633.57' (633.50' R1)
30'
(I 0
BUENA VISTPy
FOUND SPIKE 8c WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED AS CENTERLINE INT.
HILL STREET & NEVIN LANE.
- FOUND SPIKE & WASHER, FLUSH, /
STAMPED "LS 5921" PER R1. /
ACCEPTED AS CENTERLINE INT.
CISNEROS LANE & NEVIN LANE./
/
/
/
/
225
/
/
/
/
/
/
/
0 0
2 •
AVE.
W
0 O
J
m
0 FOUND SPIKE 8c WASHER, FLUSH,
STAMPED "LS 5921" PER R1.
ACCEPTED AS CENTERLINE RADIUS POINT
NEVIN LANE.
226
ESTABLISHED AS BEING NADIAL TO NEVIN LANE PER R1.
N
SNF
128
N
N
ESTABLISHED BY HOLDING RADIUS PER R1.
(R=1333_00_R 11 - - -
ACCEPTED AS BC PER R1
41TII[II
N
(R=1360.00' R1)
N) o
ALTA VISTA STREET
FOUND SPIKE & WASHER, FLUSH, STAMPED "LS 5921" FOUND SPIKE 8c WASHER, FLUSH, STAMPED "LS 5921" PER R1. ACCEPTED AS CENTERLINE BC ALTA VISTA STREET. PER R1. ACCEPTED AS CENTERLINE PRC ALTA VISTA STREET.
Agenda Item No: 1.h
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 3, 2024
Submitted by: Samantha Byfield
From: Public Works
Subject:
Authorize a Three -Year Agreement with Samsara, Inc., for Hardware and Services to Implement Vehicle Telematics Management System
Financial Impact:
Fiscal Impact:
Expense: $22,333.19 First Year Subscription Cost
S22,207.19 Annual Subscription Cost (Year 2 and Year 3) $66,747.57 Three -Year Subscription Total Cost (FY 2024-25 to FY 2026-27) Budget: $22,334.00 FY 2024-25 Operating Budget (750000-6366) $22,207.19 Future FY 2025-26 Operating Budget
$22,207.19 Future FY 2026-27 Operating Budget
Summary:
Annually, the Public Works Department evaluates the City Fleet and recommends the replacement of existing vehicles and equipment based upon the useful service lives, vehicle use patterns and needs of City operations. To assist in managing the City Fleet, Staff recommends that the City Council authorize a three-year agreement with Samsara, Inc. (Samsara), to implement a telematics management system. As part of the approved Fiscal Year (FY) 2024-25 Operating Budget, Technology Impact Fee funds were budgeted for implementation of this program. The recommended action will approve a three-year subscription with Samsara to provide the necessary hardware and software using the available budgeted funds. The contract costs for the first year of the subscription are included within the current operating budget. The future cost of the services will be included in the operating budgets for future fiscal years.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Authorize a three-year agreement with Samsara for hardware and services to implement a vehicle telematics management system for a cumulative amount of $66,747.57; and
2. Authorize the City Administrator to approve any agreement term extensions based on performance and amendments up to 10% of the agreement amount; and
3. Authorize the City Administrator and/or his designee to issue a purchase order to Samsara and execute all necessary documents, in a form approved by the City Attorney.
305
Strategic Plan Statement:
There is no specific strategic planning goal or objective associated with this agenda item.
Discussion:
The City of Placentia maintains a fleet of approximately 125 vehicles. To better manage and maintain resources, telematics hardware will need to be installed on City vehicles. A telematics management system will enhance the City's ability to manage assets and monitor vehicle performance through information obtained from the vehicle's computer system. This will allow the capture of data such as gas mileage, engine run time, idle time, vehicle utilization and odometer readings to better schedule preventive maintenance. This data will help inform decisions on vehicle replacement or reassignment based upon use patterns and City needs. As Staff considers vehicle replacements moving forward, data provided from the telematics management system will better identify which vehicles may be more suitable for replacement with electric or more fuel -efficient vehicles. The telematics management system will provide City -fleet specific data rather than having to rely upon published average figures on gas mileage and efficiency.
After demonstrations from six telematics vendors, Staff selected the Samsara platform based upon the reporting and software capabilities. Samsara will provide all necessary hardware as well as provide access to the online reporting platform. Pursuant to the City of Placentia Municipal Code, Section 3.08.070, purchases of supplies, services and equipment may forego bid procedures when participating in an established governmental cooperative program. The quote solicited from Samsara is reflective of a Sourcewell Cooperative Purchasing Agreement and based on a three-year subscription term. As such, Staff recommends the City Council authorize a three-year agreement with Samsara to implement a telematics management system in the amount of $22,333.19 for the first year and $22,207.19 for each of the following years for years two and three for a cumulative total three-year cost of $66,747.57, utilizing budgeted funds in the adopted FY 2024-25 Operating Budget. The total cost for the first year includes the cost of shipping the hardware. The future cost of the services will be proposed in the operating budgets for future fiscal years.
Fiscal Impact Summary:
A total of $22,334 of Technology Impact Fee funds were budgeted in the FY 2024-25 Operating Budget for this purchase. The quote from Samsara is for a three-year subscription.
The cost for the first year is $22,207.19 and $126 for shipping, for a total of $22,333.19. The annual cost for Year 2 and Year 3 of the subscription will be $22,207.19. The future cost of these services will be proposed in the operating budgets for future fiscal years. As such, sufficient funds exist for the recommended actions.
Attachments
Samsara Service Agreement
Sourcewell Pricing Information.pdf
Telematics Pricing Comparison.pdf
306
samsara
Connected Operations'.
QUOTE #Q-1234672
Issued 08-14-2024
Expires 09-30-2024
Sourcewell Contract #: 020221 -SAM
Quote Summary
Samsara Inc
1 De Haro Street
San Francisco, CA 94107
www.samsara.com
Prepared For:
City of Placentia
401 E Chapman Ave
Placentia, California
92870-6101
Prepared By:
Richard Geck
[email protected]
Subtotal
Hardware and Accessories USD $0.00
Licenses
License Term — 36
Months
If shipping is "Pending' - Amount is pending due to size of order; Shipping and Handling subject to change.
If Sales tax is "Pending" — Final amount will be provided prior to payment
'3% fee
charged on non-ACH charges (Canada Exempt)
*Sales tax subject to change
Shipping and Handling USD $126.00
Upfront Hardware Sales Tax USD $0.00
Annual License Sales Tax USD $1,786.79
First Year Payment USD $22,333.19
Payments Beginning Year
Two
USD $22,207.19
samsara.com 1
307
samsara
Connected Operations'"
Samsara Inc
1 De Haro Street
San Francisco, CA 94107
www.samsara.com
SHIP TO Samantha Byfield
401 E Chapman Avenue
Placentia, California, 92870
United States
Hardware and Accessories
Quantity Net Unit Price Total Price
Vehicle IoT Gateway, model VG55
HW-VG55-NA
119 $0.00 $0.00
Enhanced VG Series OBDII J1962 L -mount cable
CBL-VG-COBDII-Y1
111
$0.00 $0.00
Enhanced VG Series J1939 or J1708 (9 -pin)
CBL-VG-CJ1939
7 $0.00 $0.00
Enhanced Tesla Model 3/Y 2019+ Cable
CBL-VG-CTSLA3Y-19
1 $0.00 $0.00
Hardware Due USD$0.00
Licenses Quantity
Annual Unit Total Annual
Price Price
License for Vehicle Gateways - Public Sector Only, No WiFi, No ELD
LIC-VG-PS
119 $171.60 $20,420.40
Annual License USD $20,420.40
Due
samsara.com 2
308
samsara
Connected Operations'.
Thank you for considering Samsara for your fleet.
Samsara Inc
1 De Haro Street
San Francisco, CA 94107
www.samsara.com
Samsara provides real-time visibility, business -relevant tools, and powerful analytics that enable customers to increase the productivity of their fleets and reduce operating costs. A solution for your fleet is proposed below.
What is included?
Samsara's fleet tracking solution includes hardware accessories and a per - gateway license. Gateway licenses provide all ongoing elements of the service, including:
- Real-time location and vehicle telematics
- Dashboard access with unlimited administrator accounts - Driver App for iOS and Android devices with unlimited driver accounts - Over -the -air software feature upgrades
- API access as it relates to features for integration with 3rd party systems - Maintenance and phone support
Samsara does not include hidden costs in its licenses. If you want access to Samsara's full set of fleet features --including but not limited to WiFi hotspot and ELD capabilities --you will need to upgrade your license. Samsara reserves the right to audit usage of features unrelated to the solution as well as remove them from the Samsara Dashboard.
Payment Terms
This order form includes a license fee for the Samsara Software associated with the Hardware to be paid annually beginning on the License Start Date and, if applicable, a one-time Hardware cost to be paid upfront as of the license start date. The annual fees are payable by recurring wire transfer. All transfers made by credit card are subject to a processing fee up to 3%, subject to applicable law. Late payments are subject to a 1.5% per month late fee. If license payments are delinquent by 30 days, Samsara may suspend the Service until late payments are remitted. samsara.com 3
309
samsara
Connected Operations'.
License Term
Samsara Inc
1 De Haro Street
San Francisco, CA 94107
www.samsara.com
The license term for the Samsara Software licenses purchased under this Order Form begins on the day Samsara activates the applicable Samsara Software license by providing you a claim number and access to the Hosted Software ("License Start Date"). If Hardware associated with a then-unactivated Samsara Software license will be shipped to you under this Order Form, such Samsara Software license will be activated on the day the Samsara Hardware ships.
Notwithstanding the foregoing, if you are renewing the license term for a previously -activated Samsara Software license under this Order Form, the License Start Date for the renewal license term shall be the day that Samsara extends your access to the Hosted Software for the renewal license term. Samsara Hardware requires a valid license to function.
Samsara may ship Hardware under this Order Form subject to a schedule as mutually agreed between the Parties or as determined by Samsara. By signing this Order Form, you confirm that each "Ship To" delivery address set forth herein is accurate and that any individual accepting delivery at that address is authorized to do so on your behalf. To the extent such Hardware is associated with then-unactivated Samsara Software licenses, the Samsara Software license term for each such Hardware device will start on the day that device ships regardless of the shipment schedule for the other such Hardware devices. If all such Hardware is shipped in one shipment, the license term for all such Hardware will be the full license term under this Order Form. If such Hardware is shipped in multiple shipments, only the license term of such Hardware in the initial shipment will be such full license term. The license term of the remaining such Hardware shipped after the initial shipment will be set to match the then -remaining license term of the initial shipment, so that the license term for all such Hardware under this Order Form expires on the same date. The total cost of the licenses for such Hardware shipped after the initial shipment will be pro -rated based on their actual license term, rounded up to the nearest month, as compared to the full license term under this Order Form. Certain payment amounts under this Order Form assume that the entire order is fulfilled at the same time and are subject to potential reduction based on the actual schedule of order fulfillment.
You agree that you will only use the features included with the Samsara Software licenses purchased under this Order Form ("Licensed Scope"). Samsara reserves the right to audit usage of Samsara Software and to remove your access to such features beyond the Licensed Scope (for example, the licensed feature scope or licensed user count, as applicable) at any time. If you would like to use features beyond the Licensed Scope, you are required to purchase the applicable Samsara Software licenses and if applicable install the applicable Hardware that include such scope. If Samsara becomes aware that you are using features beyond the Licensed Scope, Samsara reserves the right to charge you for the applicable Samsara Software licenses that include such Licensed Scope at list price, and you agree to immediately pay such amounts.
Samsara further reserves the right to change, discontinue, or remove features included in a Samsara Software license at any time.
You acknowledge and agree that, during your license term, you may not downgrade your Samsara Software license plan to a lower Samsara Software license plan (e.g., downgrading your "Enterprise" license to a "Premier" license).
Support and Warranty
Samsara stands behind its Products. During the applicable warranty period, defective Hardware will be remedied pursuant to our Hardware Warranty Policy at www.samsara.com/suD)ort/hardware-warranter . Additional support information can be found at www.samsara.com/su j Dort.
samsara.com 4
310
samsara
Connected Operations'.
Terms
Samsara Inc
1 De Haro Street
San Francisco, CA 94107
www.samsara.com
Unless otherwise set forth herein, your use and access of the Hardware, Products, and Services specified herein are governed by Samsara's standard terms of service found at https://www.samsara.com/terms-of-service , unless the Parties have entered into a separate terms of service agreement and/or a separate terms of service agreement is attached to the Order Form, in which case such separate terms of service agreement shall govern (the 'Terms of Service') provided that notwithstanding anything stated in the Terms of Service to the contrary, Customer agrees the following sections from Samsara's standard terms of service found at https://www.samsara.com/fecal/public-sector-customers-platform-terms-of-service/ shall apply:
License (Section 4), Product Updates (Section 7), Data Protection Addendum (Section 10.3), Non- Samsara Products (Section 14), and Hardware Warranty (Section 17). You agree to be bound by the Terms of Service, and any capitalized terms not defined herein shall have the meaning set forth in the Terms of Service. The terms and conditions of the Terms of Service and this Order Form are the exclusive agreement of the parties with respect to the subject matter hereof and no other terms or conditions, including those associated with any Customer payment portal or onboarding of Samsara as a Customer vendor, shall be binding upon Samsara or otherwise have any force or effect.
To the extent Samsara allows you to make subsequent purchases of Products via Purchase Order without a corresponding Quote, you agree that (i) such Purchase Order shall be subject to the terms and conditions of this Order Form, including with respect to payment and license terms, as well as the applicable Terms of Service; and (ii) to the extent there is a conflict between such Purchase Order and this Order Form, including with respect to payment and license terms, as well as the applicable Terms of Service, the terms of this Order Form shall prevail, and no additional terms included in such Purchase Order that are not included in this Order Form shall apply. You acknowledge and agree that any reference to a Purchase Order in this Order Form is solely for your convenience in record keeping, and the existence of a Purchase Order or any delivery of Products to you following receipt of any Purchase Order shall not be deemed an acknowledgement of or agreement to any terms or conditions associated with any such Purchase Order or in any way be deemed to modify, alter, supersede or supplement the Terms of Service or this Order Form.
The continuation of this Order Form one (1) year after the license start date and annually thereafter is contingent upon the appropriation of sufficient funds by Customer. If sufficient funds fail to be appropriated by Customer to provide for the continuation of the Order Form for Customer's then -subsequent fiscal year, Customer may terminate this Order Form with prior written notice effective as of the later of the date of the beginning of such subsequent fiscal year and the end of the then -current annual license period. If Customer so terminates this Order Form, Samsara shall be entitled to payment of and for: all amounts due as of the date of termination; deliverables in progress; liabilities, fees, or costs caused by such termination including for obligations that extend beyond the date of termination; and reasonable Order Form close-out costs.
samsara.com 5
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samsara
Connected Operations'.
Notification of Confidentiality
Samsara Inc
1 De Haro Street
San Francisco, CA 94107
www.samsara.com
You agree that the pricing and payment terms specified in this Order Form shall (i) be held in strict confidence; (ii) not be disclosed to any Samsara competitor or other entity, except as pre - approved in writing by Samsara; and (iii) not be used except to evaluate the suitability of the Samsara Products for your business. You will immediately notify Samsara in the event of any unauthorized use or disclosure under these terms. Violation of these obligations will cause irreparable harm to Samsara for which Samsara may obtain compensatory and timely injunctive relief from a court, as well as any other remedies that may be available, including recovery of all reasonable attorney's fees and costs incurred in seeking such remedies. Your obligations specified herein shall last until the pricing and payment terms herein are, through no fault or action by you, public. This Order Form is a legally binding agreement between you ("Customer") and Samsara Inc. ("Samsara"). IN WITNESS WHEREOF, Customer has caused this Order Form to be executed by its duly authorized representative.
I confirm acceptance of this Order Form on behalf of the Customer identified herein and represent and warrant that I have full and complete authority to bind the Customer to this Order Form, including all terms and conditions herein." "Please confirm acceptance of this Order Form by signing below:
Signature
Print Name:
Date:
samsara.com 6
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Samsara Terms of Service
Last Updated: May 2024
Welcome to Samsara. Please read these Terms of Service carefully because they govern your use of our products and services. The Customer, together with Samsara Inc., are referred to as the "Parties".
1. Definitions.
1.1 Data.
"Account" means the accounts Customer creates, via the Hosted Software, to access Customer
1.2 "Affiliate" means any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the Customer.
1.3 "Apps" means software applications for smartphones and tablets distributed by Samsara through Google Play or through the Apple App Store.
1.4 "Authorized User" means Customer's employees, Affiliates, and/or contractors whom Customer authorizes to use the licensed Samsara Software strictly on its behalf.
1.5 "Customer" or "you" means the company or legal entity for which you are accepting these Terms and its Affiliates who enter into Order Forms (for each such Affiliate, solely with respect to Order Forms entered into by it and for so long as it remains a Customer Affiliate).
1.6 "Customer Data" means Customer -specific data captured by Customer's use of any installed Hardware, data submitted by Customer or by a third party (including from or through Non-Samsara Products) on Customer's behalf into Apps and Hosted Software, and the analysis, reports, and alerts generated by the Products containing such data. For the avoidance of doubt, Customer Data does not include any Samsara Software.
1.7 "Documentation" means any Product training, technical services, or documentation made available to Customer through the Samsara website or otherwise made available to Customer by Samsara.
1.8 "Equipment" means the vehicle, equipment, asset, building, structure, or item into which Hardware is installed.
1.9 "Firmware" means software embedded in or otherwise running on the Samsara Hardware.
1.10 "Hardware" means the hardware devices such as gateways, cameras, sensors, controllers, vision systems, and accessories, and any improvements, developments, modifications, patches, updates, and upgrades thereto that Samsara develops or provides.
1.11 "Hardware Warranty and RMA Policy" means the Hardware Warranty and RMA Policy set forth at https://www.samsara.com/support/hardware-warranty .
1.12 "Hosted Software" means Samsara's cloud -hosted software platform, including the interface accessed online.
1.13 "Hosted Software SLA" means the Hosted Software Service Level Agreement set forth at https://www.samsara.com/legal/hosted-software-sla .
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1.14 "License Expiration Date" means (a) the later of (i) the original license termination date set forth in the applicable Order Form you entered into for the original purchase of Products or under which Products were originally made available to you ("Initial Term"), and (ii) the end of the then -active Renewal Term (as defined below); or (b) if applicable, for Purchase Orders issued by a Samsara reseller where the applicable purchase or procurement of Products is not also documented by a Quote, notwithstanding anything to the contrary in these Terms, the reseller agreement between such reseller and Samsara, or the applicable Purchase Order, three (3) years from the License Start Date.
1.15 "License Start Date" means (i) the day Samsara activates the applicable Samsara Software license by providing Customer a claim number and access to the Hosted Software (for clarity, if Hardware associated with a then-unactivated Samsara Software license is shipped to Customer under the applicable Order Form, such Samsara Software license will be activated on the day the Samsara Hardware ships); or (ii) notwithstanding the foregoing, if Customer is renewing the license term for a previously -activated Samsara Software license, the day that Samsara extends Customer's access to the Hosted Software for the renewal license term. For Purchase Orders issued by a Samsara reseller, the definition of License Start Date in this Section supersedes anything to the contrary in the reseller agreement between such reseller and Samsara and the applicable Purchase Order.
1.16 "Malicious Code" means code, files, scripts, agents, software or programs intended to do harm or allow for unauthorized access, including, for example, viruses, worms, time bombs, and Trojan horses.
1.17 "Non-Samsara Products" means any web -based, offline, or mobile applications, or other resources, users, data, systems, networks, products, services, vehicles, equipments, hardwares, or software functionality that is provided by Customer or a third party and that interoperates, integrates, and/or exchanges data with the Products.
1.18 "Order Form" means the applicable Quote or Purchase Order setting forth the purchase or procurement of Samsara Products and/or licenses thereto. By entering into an Order Form hereunder, a Customer Affiliate agrees to be bound by these Terms as if it were Customer, and Customer and the applicable Customer Affiliate are jointly and severally liable under such Order Form.
1.19 "Pre -Launch Offerings" means any Samsara hardware and/or software offerings and related documentation and accessories that are not generally available to Samsara customers and that may be in the alpha, beta, experimental, research, in development, prototyping, and/or testing phase.
1.20 "Products" means the Hardware and Services. For the avoidance of doubt, Products does not include any Non-Samsara Products.
1.21 "Professional Services" means the training, consulting, or other professional services that are provided by Samsara to Customer (i) as purchased separately by Customer pursuant to an Order Form, (ii) in Samsara's sole discretion, or (iii) as otherwise mutually agreed between the Parties.
1.22 "Purchase Order" means a purchase order or similar ordering document issued by Customer to Samsara and accepted by Samsara setting forth the purchase or procurement of Samsara Products and/or licenses thereto.
1.23 "Quote" means a quote issued by Samsara and executed by the Customer setting forth the purchase or procurement of Samsara Products and/or licenses thereto.
1.24 "Refund" means an amount refunded to the Customer (or in Samsara's sole discretion to any third party who paid Samsara for Customer's procurement of Products under the applicable Order Form, including a reseller, Lender, or other third party) pursuant to these Terms equal to (i) fees pre -paid to Samsara for the time remaining in an applicable license term prorated to the period of time between (a) 2 314
the date of termination and (b) the License Expiration Date for the applicable Order Form, and (ii) fees paid to Samsara for the cost of purchased Hardware (if applicable). For the avoidance of doubt, a Refund may only be issued as expressly provided hereunder.
1.25 "Samsara Software" means the Apps, Firmware, and Hosted Software, and any improvements, developments, modifications, patches, updates, and upgrades thereto that Samsara develops or provides,Support Services, and Service Usage Data.
1.26 "Samsara Software Systems" means the Samsara Software and any networks, systems, products, services, or data of Samsara, its providers, its partners, its customers, or any other third party, integrated with or connected to such Samsara Software.
1.27 "Services" means the Samsara Software and Professional Services.
1.28 "Service Usage Data" means any data that is derived from the user of the Products except that to the extent such data could directly or indirectly identify a natural person it shall be anonymized, de -identified, and/or aggregated such that it could no longer directly or indirectly identify such natural person.
1.29 "Support Services" means the customer support services described at www.samsara.com/suaaort , and Documentation, but excluding any Professional Services.
1.30 "Terms" means these Terms of Service, together with any amendments or addenda that modify these Terms of Service.
2. Agreement to Terms. By clicking a box indicating your acceptance of these Terms, by executing an Order Form or other contract that references these Terms, by purchasing Products or otherwise entering into an Order Form or other contract with Samsara, a Samsara reseller, or any other entity or individual for the purchase of Products or under which Products are made available to you, or by otherwise accessing and/or using the Products, whichever is the earlier, you accept and agree to be bound by these Terms. If you do not agree to these Terms or you are not authorized to access and/or use the Products, you shall not access or use the Products. If you are accessing and/or using the Products on behalf of a company (such as your employer) or other legal entity that is our Customer, you agree to these Terms on behalf of such company or other legal entity, and you represent and warrant that you have the authority to bind such company or other legal entity to these Terms. If you have entered into a separate contract with Samsara with respect to your purchase of Products or under which Products are made available to you, to the extent there is a conflict between such separate contract with Samsara and these Terms, such separate contract with Samsara shall prevail. References to "you" and "your" in these Terms refer to that company or other legal entity, our Customer. You may not use the Products if you are our direct competitor, as determined in our sole discretion, except with our prior written consent.
3. Changes to Terms or Services. Samsara may modify the Terms at any time, in our sole discretion.
If Samsara does so, Samsara will inform you by posting the modified Terms to the Services or our website or through other communications with you, our Customer. It is important that you review the Terms whenever Samsara modifies them because if you continue to use the Products after Samsara has posted or otherwise informed you of the modified Terms, you are indicating to Samsara that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you must provide written objection within thirty (30) days of Samsara's modification notice and may continue to use the Products under the unmodified Agreement for the remaining term set forth in the applicable Order Form.
4. License. Subject to the terms and conditions specified in these Terms or an applicable Order Form, Samsara grants Customer a non-sublicensable, non-exclusive, non -transferable, limited and revocable license to use and access the Samsara Software (i) in accordance with the Documentation, (ii) 3 315
for the number and type of Samsara Software licenses specified in the applicable Order Form and solely the functionality included therein, and (iii) starting from the applicable License Start Date until the License Expiration Date set forth in such Order Form or the earlier termination of such Order Form or these Terms. The Support Services and the Hosted Software SLA are included as part of the license grant and contingent upon a valid license. The Firmware license for each item of Hardware is contingent upon Customer purchasing and maintaining a valid license to the Samsara Software. For clarity, the license for Samsara Software that is provided in conjunction with a Hardware unit is only valid for use with that Hardware unit, unless the Hardware unit is replaced pursuant to the Hardware Warranty Policy and RMA Policy. Samsara reserves the right to audit Customer's usage of Samsara Software and to remove Customer's access to Samsara Software beyond the licensed scope ("Licensed Scope") (for example, the licensed feature scope or licensed user count, as applicable) at any time. If Customer would like to use Samsara Software beyond the Licensed Scope, Customer is required to purchase the applicable Samsara Software licenses and if applicable install the applicable Hardware that include such scope. If Samsara becomes aware that Customer is using Samsara Software beyond the Licensed Scope, Samsara reserves the right to charge Customer for the applicable Samsara Software licenses that include such Licensed Scope at the then -current list price, and Customer agrees to immediately pay such amounts. Further, during the applicable license term under an Order Form, Customer agrees that it cannot downgrade a Samsara Software license plan to a lower Samsara Software license plan (for example, downgrading from an "Enterprise" license to a "Premier" license).
5. License Restrictions. Customer agrees not to do or attempt to do any of the following without Samsara's express prior written consent: (i) resell, white label, or reproduce the Products or any individual element within the Samsara Software, Samsara's name, any Samsara trademark, logo or other proprietary information, or the layout and design of any part of the Product; (ii) access, tamper with, or use non-public areas of the Samsara Software Systems; (iii) gain unauthorized access to, interfere with, disable, or disrupt the integrity or security of the Samsara Software Systems; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Samsara Software Systems or enforce a contractual usage limit; (v) transfer, copy, modify, sublicense, lease, lend, rent or otherwise distribute the Samsara Software to any third party; (vi) decipher, decompile, disassemble or reverse engineer any aspect of the Products, in whole or in part; (vii) impersonate or misrepresent an affiliation with any person or entity; (viii) use or access the Products for any competitive purpose; (ix) perform benchmark testing on the Products; (x) use the Products to store or transmit Malicious Code; (xi) use the Products to store, publish, submit/receive, upload/download, post, use, copy, or otherwise produce, transmit, or distribute infringing, libelous, defamatory, harassing, threatening, or otherwise unlawful or tortious material; or to store, publish, submit/receive, upload/download, post, use, copy, or otherwise produce, transmit, or distribute material in violation of third -party privacy rights; (xii) violate any applicable law or regulation; or (xiii) authorize, permit, encourage, or enable any other individual or entity to do any of the foregoing. Samsara has the right to investigate violations of this Section or conduct that affects the Samsara Software Systems and immediately suspend or terminate any or all of Customer's access to the Samsara Software if it reasonably suspects or determines that Customer has violated this Section. Samsara reserves the right to limit or restrict Product access in unsupported countries. Samsara may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
6. Hardware Installation and Equioment Maintenance. Customer is responsible for installation of the Hardware and ongoing maintenance of any Equipment, including but not limited to installation in accordance with any Equipment warranty. Depending on the Customer's intended use of the Products, Customer may require professional installation of the Hardware or ongoing professional maintenance of any Equipment. If Customer is unable to install the Hardware or to conduct such ongoing maintenance, or if Customer is uncertain that Customer has the requisite skills and understanding, Customer agrees to consult with a qualified installer or maintenance professional. Improper installation of the Hardware or maintenance of the Equipment can lead to damage of such Equipment or dangerous or life -threatening conditions, which can cause property damage, bodily injury, and/or death. Customer may notify Samsara if Customer did not order the correct Hardware cables for Hardware installation. For more information on 4 316
Samsara's Cable Exchange Policy, please see the Cable Exchange Policy section of the Hardware Warranty and RMA Policy.
7. Product Updates.
7.1 General. Samsara continuously improves the Products, and may from time to time (i) update the Samsara Software and cause Firmware updates to be automatically installed onto Hardware; (ii) update the Apps; or (iii) upgrade Hardware to newer models. Samsara may change or discontinue all or any part of the Products, including changing, discontinuing, or removing features included in a Samsara Software license, at any time and without notice, at Samsara's sole discretion. If Samsara discontinues supporting the Hardware model and the associated Samsara Software that you have ordered from Samsara in accordance with these Terms prior to the applicable License Expiration Date without offering to replace them with an updated or comparable version or model, you may terminate the applicable Order Form with respect to the applicable Products and request a Refund for such Products. Updates or upgrades may include security or bug fixes, performance enhancements, or new functionality, and may be issued with or without prior notification to Customer. Customer hereby consents to such automatic updates.
7.2 Pre -Launch Offerings. From time to time, Samsara may in its sole discretion make Pre -Launch Offerings available to Customer for evaluation purposes. Should Customer opt to use Pre -Launch Offerings Customer agrees to: (i) enter into any additional terms required by Samsara for the applicable Pre -Launch Offerings; (ii) assume sole responsibility and all risk, and waive and release Samsara from any claims directly or indirectly arising from or related to the Pre -Launch Offerings; and (iii) except to the extent legally prohibited from taking on indemnification obligations, without limitation as to amount, defend, indemnify, and hold harmless Samsara from any third party claims directly or indirectly arising from or related to the Pre -Launch Offerings. PRE -LAUNCH OFFERINGS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. Customer acknowledges that Pre -Launch Offerings that may interact, interface, or integrate with third party products and/or services may not be validated or supported by such third parties and may interfere with the operations of or void warranties for such third party products and/or services. Samsara reserves the right to modify, terminate, or discontinue the Pre -Launch Offerings at any time in its sole discretion, for any reason, with or without notice, and without liability to Customer, and has no obligation to make any Pre -Launch Offerings generally available to Samsara customers. If Samsara decides in its sole discretion to make a Pre -Launch Offering generally available to Samsara customers as a new Product or part of an existing Product, Samsara may discontinue making such offering available to the Customer as a Pre -Launch Offering will be discontinued at that point in time. Customer acknowledges and agrees that any continued usage after such discontinuation date will require that the Customer purchase or have already purchased the applicable Product under an Order Form and pay any additional amounts owed for such purchase. Except as explicitly set forth otherwise in this Section 7.2, Pre -Launch Offerings are subject to the same terms and conditions as are applicable to a "Product" under these Terms.
7.3 Feedback. Customer agrees to use commercially reasonable efforts to provide feedback to Samsara regarding the Products upon request and agrees that Samsara shall have all rights, title, and interest in and to all comments, suggestions, and other feedback (collectively, "Feedback") provided by Customer to Samsara related to the Products. Customer shall and hereby does irrevocably transfer and assign to Samsara all right, title, and interest it may have in such Feedback to Samsara, and Samsara hereby accepts such transfer.
8. Payment. Shipping. and Delivery.
8.1 Payment. Customer's payment and billing terms are set forth in the Order Form. Unless otherwise set forth in the applicable Order Form, (i) fees are payable by wire transfer; (ii) all transfers are subject to a processing fee up to 3%, subject to applicable law, unless the wire transfer is initiated by Samsara via ACH, in which case the processing fee will be waived; (iii) late payments are subject to a 1.5% per month 5 317
late fee; and (iv) if license payments are delinquent by 30 days, Samsara may suspend the Service until late payments are remitted. Further, unless otherwise set forth herein or in the applicable Order Form, all payments made to Samsara under an Order Form are non-refundable. Samsara may submit Customer contact information and information related to the timeliness of Customer's payments to credit rating, credit reporting, or similar agencies. If Customer makes a payment without specifying to which invoice it applies, Samsara reserves the right to apply such payment to any outstanding Customer invoice(s).
Customer is responsible for all payments of applicable taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes"), however designated or incurred under these Terms. If Samsara has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, Samsara will invoice Customer, and Customer shall reimburse Samsara for any taxes paid or payable on behalf of Customer. Unless required by applicable law, Samsara will not provide retroactive Tax refunds or credits to Customer. Subject to applicable legal requirements, any Tax refund or credits provided to Customer shall be at Samsara's sole discretion, and Samsara reserves the right to charge the Customer reasonable fees and costs associated with processing such Tax refund or credit.
8.2 Shi3ment and Delivery. All shipments are FOB (2010) Origin, Freight Prepaid, and Charged Back.
Customer is solely responsible for confirming that each "Ship To" delivery address set forth in an Order Form is accurate and that any individual accepting delivery at that address is authorized to do so on Customer's behalf. Samsara may ship Hardware under an Order Form subject to a schedule as mutually agreed between the Parties or as determined by Samsara. If Hardware under an Order Form is shipped in multiple shipments, the Samsara Software license term associated with Hardware shipped after the initial shipment will be set to expire on the same date as the Samsara Software license term associated with Hardware shipped in the initial shipment. The total cost of the Samsara Software licenses associated with such Hardware shipped after the initial shipment will be pro -rated based on their actual license term, rounded up to the nearest month, as compared to the full Samsara Software license term under such Order Form. Certain payment amounts set forth in an Order Form assume that all Hardware under such Order Form is shipped at the same time and are subject to potential reduction by Samsara based on the actual schedule of Hardware shipment.
9. Accounts. Customer shall be solely responsible for administering and protecting Accounts.
Customer agrees to provide access to the licensed Samsara Software only to Authorized Users, and to require such Authorized Users to keep Account login information, including user names and passwords, strictly confidential and not provide such Account login information to any unauthorized parties.
Customer is solely responsible for monitoring and controlling access to the licensed Samsara Software and maintaining the confidentiality of Account login information and any provided API tokens. In the event that Customer or any Authorized User becomes aware that the security of any Account login information has been compromised, Customer shall immediately notify Samsara and de -activate such Account or change the Account's login information. Authorized Users may only use the licensed Samsara Software strictly on behalf of Customer and subject to the terms and conditions applicable to Customer herein.
Customer is responsible and liable for any breach by an Authorized User of his or her obligations hereunder.
10. Customer Data.
10.1 Ownership and Usage. Customer Data is accessible via the licensed Samsara Software. Customer owns all Customer Data, and Samsara will keep Customer Data confidential. Customer hereby grants to Samsara a non-exclusive, transferable, sublicenseable, worldwide, royalty -free license to use, copy, modify, create derivative works based upon, display, and distribute Customer Data in connection with operating, supporting, and providing the Products, including for anonymized and/or aggregated reporting and use. The foregoing right to use Customer Data shall survive the termination of these Terms, unless legally prohibited or Customer requests in writing upon termination that such use be limited to non -personally -identifiable data. Samsara will maintain reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Customer Data. Samsara will not 6 318
share Customer Data without Customer consent, except when the release of data is compelled by law or permitted herein. Customer may export Customer Data at any time during the term of these Terms through the export features in the Samsara dashboard or via the Samsara API. Customer acknowledges that some information may not be exportable via the Samsara dashboard or the API. If the applicable Samsara Software license terminates or expires and Customer does not renew, the applicable Customer Data may be immediately deleted.
10.2 Customer Data Representation and Warranty. Customer represents and warrants that: (i) Customer will obtain all rights and provide any disclosures to or obtain any consents, approvals, authorizations and/or agreements from any employee or third party that are necessary for Samsara to collect, use, and share Customer Data in accordance with these Terms (ii) no Customer Data infringes upon or violates any individual or entity's intellectual property rights, privacy, publicity or other proprietary rights and (iii) Customer will adhere to all applicable state, federal and local laws and regulations in the conduct of its business in relation to Samsara and its receipt and use of the Products.
EXCEPT TO THE EXTENT LEGALLY PROHIBITED FROM TAKING ON INDEMNIFICATION OBLIGATIONS, YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SAMSARA AND, IF RELEVANT, ITS SUBPROCESSORS
AGAINST ANY LIABILITIES, DAMAGES, DEMANDS, LOSSES, CLAIMS, COSTS, FEES (INCLUDING LEGAL FEES),
AND EXPENSES IN CONNECTION WITH ANY THIRD -PARTY LEGAL OR REGULATORY PROCEEDING ARISING
FROM ANY ACT OR OMISSION OF THE CUSTOMER IN RELATION TO CUSTOMER INSTRUCTIONS OR FROM THE CUSTOMER'S BREACH OF THIS SECTION 10.2.
10.3 Data Protection Addendum. The "Data Protection Addendum" at htt3s:// www.samsara.com/data-Jrotection-addendum sets forth the Parties' agreement with respect to the terms governing any Processing of Personal Data by Samsara on the Customer's behalf pursuant to these Terms. The Data Protection Addendum forms part of these Terms and supersedes any prior agreements regarding Customer Personal Data. The terms "Processing", "Personal Data", and "Customer Personal Data" used in this Section are all defined in the Data Protection Addendum.
11. Confidentiality.
11.1 Confidential Information. "Confidential Information" means any technical, financial, or business information disclosed by one Party to the other Party that: (i) is marked or identified as "confidential" or "proprietary" at the time of such disclosure; or (ii) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary. Samsara Confidential Information includes any information related to the Products, including the pricing and payment terms thereof, Pre -Launch Offerings, Samsara Software Systems, or Samsara customers or partners, and any data or information that Samsara provides to Customer in the course of providing the Products to Customer. Customer Confidential Information includes Customer Data and any data or information that Customer provides to Samsara for the purpose of evaluating, procuring, or configuring the Services (for example, makes and models of vehicles or equipment, vehicle routes, or similar information).
Confidential Information excludes information that: (i) is now or hereafter becomes generally known or available to the public, through no breach of the receiving Party's confidentiality obligations; (ii) was known, without restriction as to use or disclosure, by the receiving Party prior to receiving such information from the disclosing Party; (iii) is acquired by the receiving Party from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or (iv) is independently developed by the receiving Party without use or knowledge of or reference to any Confidential Information of the disclosing Party.
11.2 Confidentiality Obligations. The receiving Party agrees: (i) to maintain the disclosing Party's Confidential Information in strict confidence; (ii) not to disclose such Confidential Information to any third parties (except for any Affiliates, employees, agents or third party service providers of receiving Party in performing under these Terms under reasonable confidentiality obligations, or except as authorized by disclosing Party); and (iii) not to use any such Confidential Information for any purpose except to perform under these Terms or as authorized by the disclosing Party. Notwithstanding anything to the contrary in these Terms, the receiving Party may disclose the disclosing Party's Confidential Information to the extent 7 319
required by law or regulation, including any applicable public record request laws provided that, unless prohibited by applicable law or regulation, the receiving Party uses reasonable efforts to give the disclosing Party advance notice of such requirement and reasonably cooperates with the disclosing Party at the disclosing Party's expense in preventing, limiting, or protecting such disclosure.
12. Proprietary Rights.
12.1 Samsara Software. Samsara and its licensors exclusively own all right, title and interest in and to the Samsara Software, including all associated intellectual property rights. Customer acknowledges that the Samsara Software is protected by patent, copyright, trademark, and other laws of the United States and foreign countries. Customer agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Customer shall and hereby does irrevocably transfer and assign to Samsara all right, title, and interest it may have in the Samsara Software to Samsara and Samsara hereby accepts such transfer. No ownership rights are being conveyed to Customer under these Terms. Except for the express rights granted herein, Samsara does not grant any other licenses or access rights, whether express or implied, to any other Samsara software, services, technology or intellectual property rights.
12.2 Firmware. The Firmware is licensed, not sold. Except in the case of a free trial and subject to the Product Trial Hardware Returns section of the Hardware Warranty and RMA Policy, Customer owns the physical title to the Hardware that Customer has purchased or has otherwise acquired in relation to an Order Form. Samsara and its licensors exclusively own all intellectual property rights in Hardware.
Samsara further retains ownership of the Firmware, including all intellectual property rights therein.
Customer acknowledges that the Firmware is protected by patent, copyright, trademark, and other laws of the United States and foreign countries. Samsara reserves all rights in the Firmware not expressly granted to Customer in these Terms. Customer acknowledges and agrees that portions of the Firmware, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Samsara and its licensors.
13. Connectivity Data Usage. A Samsara Software license only includes connectivity data to the extent such license SKU is identified as including connectivity data and sets forth the amount of connectivity data included. To the extent connectivity data is included in a Samsara Software license, connectivity between the applicable Hardware and the licensed Samsara Software does not count towards the included connectivity data cap. Samsara reserves the right to limit access to personal entertainment streaming services through the Hardware connectivity. Connectivity data usage above any included connectivity data may result in the reduction of connection speeds, the restriction of connectivity, the interruption of connectivity, or some combination thereof. Restriction or interruption of connectivity will not impact the function of hours of service logs. Customer may track any included connectivity data usage from the "Gateways" page within the "Settings" section of the Hosted Software dashboard.
14. Non-Samsara Products. The Products may contain links to or have the ability to integrate or interoperate with, import or export data to or from, provide access to, or be accessed by Non-Samsara Products (collectively, "Non-Samsara Product Integrations"). If Customer opts to use any Non-Samsara Product Integrations, including but not limited to with respect to the exchange of data between Products and Non-Samsara Products, Customer agrees to: (i) assume sole responsibility for and all risk arising from Customer's use of Non-Samsara Product Integrations and the content, functionality, or availability of any Non-Samsara Products, including waiving and releasing Samsara from any claims directly or indirectly related thereto; and (ii) except to the extent legally prohibited from taking on indemnification obligations, without limitation, defend, indemnify, and hold harmless Samsara from any third party claims directly or indirectly arising from or related to Customer's use of any Non-Samsara Product Integrations. SAMSARA PROVIDES NON-SAMSARA PRODUCT INTEGRATIONS "AS IS" WITHOUT WARRANTY OF ANY KIND AND ONLY AS A CONVENIENCE.
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15. Publicity. Customer hereby grants Samsara permission to use the Customer name and logo on Samsara's website, press releases, customer lists, SEC filings, earnings calls, and investor and marketing materials to list Customer as a customer. However, Samsara will not use Customer's name, trademarks, or logos in any other way without Customer's prior consent. Customer agrees to abide by the terms of Samsara's Marks Usage Agreement available at https://www.samsara.com/resources/brand-assets/ .
16. Term. The term of these Terms begins upon the date on which you accept these Terms, by clicking a box indicating your acceptance, by executing an Order Form or other contract that references these Terms, by purchasing Products or otherwise entering into an Order Form or other contract with Samsara, a Samsara reseller, or any other entity or individual for the purchase of Products or under which Products are made available to you, or by otherwise accessing and/or using the Products, whichever is the earliest, and shall continue until (i) the License Expiration Date for the last active Order Form or other contract you entered into for the purchase of Products or under which Products are made available to you, (ii) you are no longer authorized to access and/or use the Products, or (iii) these Terms are otherwise terminated earlier as provided hereunder, whichever is earliest.
16.1 Renewal. Unless you notify Samsara in writing of your intent to cancel auto -renewal of the applicable Order Form or other contract you entered into for the purchase of Products or under which Products are made available to you at least thirty (30) days prior to the License Expiration Date, at any time up to ninety (90) days after the License Expiration Date, Samsara may in its discretion renew your license term for the applicable or substantially equivalent Products, effective on the License Expiration Date, for a period of up to the greatest of the following: (i) one year, (ii) the same period as the immediately preceding license term, or, (iii) a shorter period to align license expiration dates with another of your active orders) (each such period, or any renewal license term of the applicable Products after the Initial Term, a "Renewal Term"). Subject to Samsara's renewal rights set forth in the foregoing sentence, you and Samsara may mutually agree to enter into a new Order Form to renew your license term upon the License Expiration Date, which new Order Form may include additional or different Products or license terms to the extent mutually agreed. If Samsara auto -renews your license term without Customer's execution of a new Order Form as described in the first sentence of this paragraph, your payment method will remain the same as indicated on the applicable original Order Form (e.g., monthly if you were allowed monthly payments, or yearly if you were allowed annual payments or upfront payment). If your license term is renewed after termination of the immediately preceding license term and Samsara in its sole discretion allows you to continue using the applicable Products during such interim period, these Terms shall apply to such use, and Samsara reserves the right (i) to charge you for such use at the renewal license pricing (and Customer agrees to immediately pay such amounts) and (ii) to have the License Start Date for the renewal license start the day after expiration of the immediately preceding license term.
Please email [email protected] for any questions regarding automatic renewal.
16.2 Termination. Samsara may terminate these Terms, any Order Form, and your access to and use of the Samsara Software at its sole discretion, at any time upon notice to you. However, if Samsara so terminates for its convenience and not as otherwise set forth in these Terms or the applicable Order Form or due to your breach thereof, then Samsara will provide you with a Refund. Unless otherwise set forth herein or in the applicable Order Form, an Order Form, including any renewal Order Forms, cannot be terminated prior to the applicable License Expiration Date.
16.3 Termination for Non -Appropriation of Funds. The continuation of an Order Form one (1) year after the license start date and annually thereafter is contingent upon the appropriation of sufficient funds by Customer. If sufficient funds fail to be appropriated by Customer to provide for the continuation of the applicable Order Form for Customer's then -subsequent fiscal year, Customer may terminate such Order Form with prior written notice effective as of the later of the date of the beginning of such subsequent fiscal year and the end of the then -current annual license period. If Customer so terminates such Order Form, Samsara shall be entitled to payment of and for: all amounts due as of the date of termination; deliverables in progress; liabilities, fees, or costs caused by such termination including for obligations that extend beyond the date of termination; and reasonable Order Form close-out costs. 9 321
16.4 Effect of Termination. Upon any termination or expiration of these Terms, the following Sections of these Terms will survive: 5 (License Restrictions), 7.2 (Pre -Launch Offerings), 7.3 (Feedback), 8 (Payment, Shipping, and Delivery), 10 (Customer Data), 11 (Confidentiality), 12 (Proprietary Rights), 16 (Term), 17 (Warranty Disclaimers), 18 (Limitation of Liability), 19 (Dispute Resolution), 20 (Governing Law), and 21 (General Terms). At the Customer's request, and subject to Samsara's data retention and backup policies, Samsara shall delete and remove any Customer Data on the Hosted Software.
17. Warranty Disclaimers. THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, SAMSARA EXPLICITLY DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Samsara makes no warranty that the Services will meet Customer's requirements or be available on an uninterrupted, secure, or error -free basis. Samsara makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any analytics or Customer Data. For more information about the Samsara Hardware warranty, please visit https://www.samsara.com/support/hardware-warranty .
18. Limitation of Liability.
18.1 No Consecuential Damages. NEITHER SAMSARA NOR CUSTOMER NOR ANY OTHER ENTITY
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PRODUCTS WILL BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,
LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE
COST OF SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE
USE OF OR INABILITY TO USE THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS
LEGALLY PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
18.2 Cap. EXCEPT FOR(i) ANY EXPRESS INDEMNIFICATION OBLIGATION SET FORTH IN THESE TERMS, (ii) CUSTOMER'S BREACH OF SECTION 5 (LICENSE RESTRICTIONS), AND (iii) CUSTOMER'S PAYMENT
OBLIGATIONS UNDER AN ORDER FORM, IN NO EVENT WILL EITHER PARTY'S TOTAL AGGREGATE LIABILITY,
INCLUDING TO THE OTHER PARTY AND ANY OF ITS AFFILIATES, ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCTS EXCEED THE AMOUNTS CUSTOMER HAS PAID TO SAMSARA HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE
EVENT GIVING RISE TO THE DAMAGE, OR IF CUSTOMER HAS NOT HAD ANY PAYMENT OBLIGATIONS TO SAMSARA (FOR EXAMPLE THROUGH A FREE TRIAL), ONE HUNDRED DOLLARS ($100).
18.3 THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SAMSARA AND CUSTOMER.
19. Dis
cute Resolution.
19.1 Arbitration. Unless Customer is legally prohibited by law from resolving disputes by arbitration, any dispute arising from or relating to these Terms or Customer's use of the Products that cannot be resolved by the Parties within a period of sixty (60) days after notice of a dispute has been given by one Party hereunder to the other, shall be finally and exclusively settled by confidential arbitration in the JAMS location nearest to the county in which Customer has its principal place of business using the English language in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. ("JAMS Rules") then in effect, by one or more commercial arbitrator(s) with substantial experience in resolving complex commercial contract disputes. The Parties agree that such arbitrator(s) shall have full authority to award preliminary and permanent injunctive relief, damages, and any other relief available in law, at equity, or otherwise pursuant to applicable law and that any 10 322
emergency arbitrator(s) appointed in accordance with the JAMS Rules shall have authority to grant emergency relief in accordance with such rules.
19.2 Class Action Waiver. Any proceedings to arbitrate or resolve any dispute arising from or relating to these Terms or Customer's use of the Products in any forum will be conducted solely on an individual basis and not as a class action, consolidated action, private attorney general action, or other representative action. You expressly waive your right to file a class action, participate in a class action, or seek relief on a class basis. Unless Samsara agrees in writing otherwise, the arbitrator or other adjudicator will not consolidate more than one person or entity's claims.
20. Governing Law. These Terms and any action related thereto will be governed by the laws of the state in which Customer has its principal place of business without regard to its conflict of laws provisions.
Subject to the agreement to arbitrate set forth herein, exclusive jurisdiction and venue for actions arising from or related to these Terms or Customer's use of the Products will be the state and federal courts located in or nearest to the county in which the Customer has its principal place of business and both Parties consent to the jurisdiction of such courts with respect to any such actions.
21. General Terms.
21.1 Miscellaneous. These Terms together with any applicable Order Form constitute the entire and exclusive understanding and agreement between Samsara and you regarding the Products and the subject matter hereof, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Samsara and you regarding the Products and the subject matter hereof. For clarity, the Parties agree that any of Customer's click -through, hyperlinked, or similar boilerplate or standard terms and conditions, including those associated with Customer payment portals or onboarding of Samsara as a Customer vendor, are void and have no effect, notwithstanding anything to the contrary in such terms and conditions. If there is a conflict between the terms of an Order Form and these Terms, then the terms of the Order Form controls over these Terms; provided that, to the extent applicable, (a) if a purchase or procurement under a Purchase Order is also documented by a Quote, notwithstanding anything to the contrary in these Terms or the applicable Purchase Order, (i) to the extent there is a conflict between such Purchase Order and such Quote, the terms of the Quote shall prevail, and no additional terms included in such Purchase Order that are not included in such Quote shall apply; and (ii) Customer shall ensure such Purchase Order references, and reflects identical terms and conditions to, such Quote; and (b) for Purchase Orders issued by a Samsara reseller where the applicable purchase or procurement of Products is not also documented by a Quote, notwithstanding anything to the contrary in these Terms, the reseller agreement between such reseller and Samara, or the applicable Purchase Order, to the extent there is a conflict between such Purchase Order and such reseller agreement, the terms of the reseller agreement shall prevail, and no additional terms included in such Purchase Order that are not included in such reseller agreement shall apply. Any Purchase Order is solely for Customer's convenience in record keeping, and the existence of a Purchase Order or any delivery of Products to Customer following receipt of any Purchase Order shall not be deemed an acknowledgement of or agreement to any terms or conditions associated with any such Purchase Order or in any way be deemed to modify, alter, supersede or supplement the Agreement or the applicable Quote. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Samsara's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Samsara may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity or Party Affiliate, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms. Customer shall have no right to bring any claims under these Terms against any Samsara Affiliate, employee, director, officer, or shareholder. Any notices or other communications provided by Samsara under these Terms, including those regarding modifications to these Terms, will be 11 323
given: (i) via email; (ii) by posting to Samsara's website; or (iii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Either Party's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of both Parties. Except as expressly set forth in these Terms, the exercise by either Party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
2L2 Acceptable Use. Customer may not, and may not allow any third -party including its Authorized Users to, (a) use the Products: (i) for any inappropriate, improper, discriminatory, illegal, or otherwise harmful purpose or (ii) to violate, or encourage the violation of, the rights of others which includes, without limitation, legal rights (e.g., intellectual property or proprietary rights) or human rights (i.e., the rights inherent to all human beings regardless of race, sex, nationality, ethnicity, language, religion, or any other status, including without limitation the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more), each as reasonably determined by Samsara; or (b) engage in abusive, harassing, threatening, offensive, or otherwise improper conduct towards Samsara or its employees, agents, service providers, partners, or other customers. To report any potential misuse or violation, please email [email protected] or submit an anonymous concern via samsara-external.ethicsDoint.com.
21.3 Export Restrictions. Customer shall not use the Products in violation of applicable export control or sanctions laws of the United States or any other applicable jurisdiction. Customer shall not use the Products if Customer is or is working on behalf of any restricted person or entity, including those listed on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Department of Commerce Denied Person's List or Entity List, the State Department's Debarred list, or similar denied parties list without prior authorization by the U.S. Government. Customer shall not export, re-export, or transfer the Products if for use directly or indirectly in any prohibited activity described in Part 744 of the U.S. Export Administration Regulations, including certain nuclear, chemical or biological weapons, rocket systems or unmanned air vehicle end -uses.
21.4 Force Majeure. Samsara is not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms, for any failure to perform or delay in performing its obligations under these Terms due to an event of force majeure. An event of force majeure is any event or circumstance beyond Samsara's reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease, government action, or failure of utilities, transportation facilities, or communication or electronic systems.
21.5 Financed Purchases and Other Payment Arrangements. If you are accessing the Products through a financing entity ("Lender"), the terms in this Section shall apply. Any obligation you may have to the Lender is absolute and unconditional, not subject to any setoff or counterclaim as between you and Lender, unless agreed to otherwise in the separate financing agreement ("Financing Agreement") you enter into with the Lender to finance your purchase of the Products. You acknowledge and agree that when you execute the Financing Agreement, the Lender is prepaying Samsara for the Products on your behalf and such prepayment is final and cannot be refunded by Samsara unless otherwise provided under these Terms. You accept the risk that any Products are not provided or are not satisfactory; provided this sentence does not affect your rights against Samsara as limited by these Terms, or Samsara's obligations to you under these Terms. If you choose to discontinue use of the Products for any reason, you will continue to be liable for any outstanding payment obligations specified in the Financing Agreement. If you have any claim against or dispute with Samsara, you may not take action by reason of such claims against Lender. If you are purchasing through a Lender, Samsara may terminate your access to the Products should you breach these Terms or the terms of the Financing Agreement. Any Refunds issued by Samsara under these Terms for Product purchases financed under a Financing Agreement may in Samsara's sole discretion be remitted to the Lender, and any impact such remittance may have on your remaining payment obligations to Lender is governed by the Financing Agreement. Subject to the other 12 324
terms of this Section (Financed Purchases and Other Payment Arrangements), in the event Samsara consents, in its sole discretion, to granting Customer's request for payment under an Order Form to be made by a Customer Affiliate, Lender, or any other third party authorized by Customer to make purchases or payments on behalf of Customer ("Payment Arrangement"), Customer represents and warrants that (i) such Payment Arrangements are made for legitimate business purposes and are in compliance with all applicable laws, including but not limited to tax laws, and (ii) Customer remains directly liable for all obligations, including all payment obligations, under these Terms and such Order Form.
21.6 Contact Information. If you have any questions about these Terms or the Products, please contact Samsara at [email protected].
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Product Name
Description
Product Code
Discount
List Price (Monthly)
Discounted Price to
Sourcewell (Monthly)
List Price (Annual)
Discounted Price to
Sourewell (Annual)
Annual Recurring Cost or One
Time/Replacement Cost
License for Asset Gateways
License for AG2-series gateways, includes
support, software updates, hosted service, and
cellular connectivity
LIC-AG2-ENT
15%
$19.00
$16.15
$228.00
$193.80
Annual Recurring Cost
Cargo Monitor License (ENT)
Wireless cargo sensor license for sensing the
presence of cargo in an enclosed trailer or
container.
LIC-CRGO-ENT
15%
$4.00
$3.40
$48.00
$40.80
Annual Recurring Cost
Door Monitor License (ENT
( )
License for wireless door sensor for swing and
roll -up doors
LIC-DM11-ENT
15%
$4.00
$3.40
$48.00
$40.80
Annual Recurring Cost
License for Case SiteWatch integration
License subscription for integrating with Case
construction SiteWatch Telematics system
LIC-OEM-CAS
15%
$12.00
$10.20
$144.00
$122.40
Annual Recurring Cost
License for Caterpillar VisionLink OEM
Software subscription for reading location and
diagnostics from Caterpillar's VisionLink
embedded telematics hardware, with no
Samsara hardware necessary.
LIC-OEM-CAT
15%
$11.67
$9.92
$140.00
$119.00
Annual Recurring Cost
License for Site Camera Stream
Annual license for site camera stream
LIC-SC1
5%
$10.00
$9.50
$120.00
$114.00
Annual Recurring Cost
License for Samsara Dome Camera
Annual License for Samsara Dome Cameras
LIC-SC11
5%
$25.00
$23.75
$300.00
$285.00
Annual Recurring Cost
License for Samsara Bullet Camera
Annual License for Samsara Bullet Cameras
LIC-SC21
5%
$25.00
$23.75
$300.00
$285.00
Annual Recurring Cost
License 16TB Storage Expansion for SG1
Additional 16TB storage for SG1
LIC-SG-STRG16
5%
$41.67
$39.58
$500.00
$475.00
Annual Recurring Cost
License for Site Gateway
License for Site Gateway SG1-G
LIC-SG1-G
5%
$245.00
$232.75
$2,940.00
$2,793.00
Annual Recurring Cost
License for Site Gateway w/ Extended Storage
License for Site Gateway SG1-G32
LIC-SG1-G32
5%
$286.67
$272.33
$3,440.00
$3,268.00
Annual Recurring Cost
License for Site Gateway Lite
Annual License for Site Gateway Lite
LIC-SG1x
5%
$150.00
$142.50
$1,800.00
$1,710.00
Annual Recurring Cost
Cellular License for Site Camera Stream
Cellular license for SC series cameras or 3rd
party cameras
LIC-SC-CELL
5%
$10.00
$9.50
$120.00
$114.00
Annual Recurring Cost
WiFi Hotspot 1GB Total Data
License for 1GB total WiFi data for VG series
vehicle gateway priced at $10/month
LIC IGB WIFI DATA
15%
$10.00
$8.50
$120.00
$102.00
Annual Recurring Cost
WiFi Hotspot - 2GB Total Data
License for 2GB total WiFi data for VG series
vehicle gateway priced at $30/month
LIC-2GB-WIFI-DATA
15%
$ Recurring 30.00
$25.50
$360.00
$306.00
Annual Cost
License for powered Asset Trackers
Enterprise license for the AG46P powered
asset tracker. This includes support, software
updates, hosted service, and cellular
connectivity.
LIC-AG4P-ENT
15%
$12.00
$10.20
$144.00
$122.40
Annual Recurring Cost
License for Unpowered Asset Trackers
License for AG4-series unpowered asset
tracker (including the AG46) and powered
asset tracker (including the AG46P). This
includes support, software updates, hosted
service, and cellular connectivit .
LIC-AG4-ENT
15%
$10.00
$8.50
$120.00
$102.00
Annual Recurring Cost
Camera Connector License
License for the Samsara Camera Connector
(ACC-CM-ANLG). Provides the ability to
connect analog camera feeds (up to 4) to our
Cloud Dashboard for instant video retrieval
and 360 degree camera review on events.
LIC-CM-ANLG
15%
$25.00
$21.25
$300.00
$255.00
Annual Recurring Cost
License for Environmental Monitors
12 -month license for EM -series environmental
monitors, includes support, software updates,
and hosted cloud service
LIC-EM-ENT
15%
$8.00
$6.80
$96.00
$81.60
Annual Recurring Cost
Safety Event Review
Harsh event video review service (option for
enterprise fleets with >500 vehicle)
LIC-SVC-CM-Review-ENT
15%
$5.00
$4.25
$60.00
$51.00
Annual Recurring Cost
License for Vehicle Gateways
License for VG -series gateways, includes
support, software updates, hosted service, and
cellular connectivity.
The Vehicle Gateway provides live GPS
tracking, FMCSA-registered ELD capabilities,
engine diagnostics, a built-in WiFi hotspot,
driver workflows, advanced analytics,
customizable reports, and mobile app access
for fleet admins and drivers.
LIC-VG-ENT
15%
$39.00
$33.15
$468.00
$397.80
Annual Recurring Cost
WiFi Hotspot - 500MB Additional Data, 12MO
500M6 additional WiFi data for VG series
vehicle gateway (12MO)
LIC-WIFI-DATA
°
15/
$10.00
$8.50
$120.00
$102.00
Annual Recurring Cost
License for Ford OEM (Enterprise)
Software subscription for reading diagnostics
from Ford embedded telematics with ELD
capabilities.
LIC-OEM-FORD
15%
$39.00
$33.15
$468.00
$397.80
Annual Recurring Cost
License for industrial asset gateway
g y (IG15 )
License for industrial asset gateway (IG15)
only
LIC-IG15-ENT
15%
$30.00
$25.50
$360.00
$306.00
Annual Recurring Cost
License for Vehicle Gateways - Public Sector Only, No WiFi, No ELD Vehicle Gateway License without ELD and
without WiFi that should be sold to Public
Sector customers within a singled bundled
price.
LIC-VG-PS
15%
$23.00
$19.55
$276.00
$234.60
Annual Recurring Cost
GM Onstar OEM data integration
OEM integration with General Motors (GM)
LIC-OEM-GM
15%
$39.00
$33.15
$468.00
$397.80
Annual Recurring Cost
License for John Deere VisionLink OEM
Software subscription for reading location and
diagnostics from John Deere's JDLink
embedded telematics hardware, with no
Samsara hardware necessary.
LIC-OEM-JD
15%
$12.00
$10.20
$144.00
$122.40
Annual Recurring Cost
License for Komatsu Komtrax Integration
Software subscription for reading location and
diagnostics from Komatsu's Komtrax
embedded telematics hardware, with no
Samsara hardware necessary.
LIC-OEM-KOM
15%
$12.00
$10.20
$144.00
$122.40
Annual Recurring Cost
License for Navistar Gateway Integration
Software subscription for reading diagnostics
from Ford embedded telematics, with no
Samsara hardware necessary.
LIC-OEM-NVI
15%
$39.00
$33.15
$468.00
$397.80
Annual Recurring Cost
License for Volvo Construction CareTrack Integration
License subscription for integrating with Volvo
Construction's CareTrack Telematics system
LIC-OEM-VCT
15%
$12.00
$10.20
$144.00
$122.40
Annual Recurring Cost
License for Vermeer Telematics integration
License subscription for integrating with
Vermeer Telematics
LIC-OEM-VER
15%
$12.00
$10.20
$144.00
$122.40
Annual Recurring Cost
License for Dual -Facing Camera
License for dual -facing dash cam, includes
support, software updates, and hosted cloud
service
Full HD video with Infrared LED for night vision
Built-in audio speaker supports optional in -cab
alerts for driver coaching. Advanced edge
computing allows for live scene analysis and
object detection.
On -demand video available for up to 100
hours of drive time.
LIC-CM2-ENT
15%
$55.00
$46.75
$660.00
$561.00
Annual Recurring Cost
License for Forward -Facing Dash Camera
License for forward -facing dash cam, includes
support, software updates, and hosted cloud
service.
Full HD video with low -light recording for
night vision. Built-in audio speaker supports
optional in -cab alerts for driver coaching.
Advanced edge computing allows for live
scene analysis and object detection. On -
demand video available for up to 75 hours of
drive time.
LIC-CM1-ENT
15%
$39.00
$33.15
$468.00
$397.80
Annual Recurring Cost
Live Streaming
Monthly Live Streaming License (10 hours of
live streaming per camera per month)
LIC-CM-STRM
15%
$5.00
$4.25
$60.00
$51.00
Annual Recurring Cost
Camera Connector
Accessory to connect analog backup or side
cameras
ACC CM ANLG
15%
$16.58
$14.10
$199.00
$169.15
One-Time/Replacement Cost
Camera Connector for Provision DVRs
--REQUIRED FOR PROVISION DVRs Modified
camera connector without inline isolator
ACC-CM-ANLG-M
15%
$16.58
$14.10
$199.00
$169.15
One-Time/Replacement Cost
Wireless Cargo Sensor
Wireless cargo sensor for sensing the presence
of cargo in an enclosed trailer or container
ACC-CRGO
15%
$8.25
$7.01
$99.00
$84.15
One-Time/Replacement Cost
Wireless Door Monitor
Wireless door sensor for swing and roll -up
doors
ACC-DM11
15%
$8.25
$7.01
$99.00
$84.15
One-Time/Replacement Cost
Worldwide 12V 4A AC/DC Power Supply
12V 4A AC/DC power supply with 100V -240V
worldwide input voltage
ACC -4Al2 -WW
15%
$1.17
$0.99
$14.00
$11.90
One-Time/Replacement Cost
326
Auxiliary Input Hub
USB accessory to accommodate eight
additional auxiliary inputs to the Vehicle
Gateway
ACC-AUX
15%
$4.08
$3.47
$49.00
$41.65
One-Time/Replacement Cost
Samsara Panic Button
Vehicle Gateway panic/event button
accessory. When pushed, the button
immediately sends an alert to managers with
captured video footage (for customers
equipped with a Samsara Al dash cam). This
accessory plugs directly into the Vehicle
Gateway.
ACC-BPB
15%
$4.08
$3.47
$49.00
$41.65
One-Time/Replacement Cost
Privacy Button
EA version of the privacy button.
The button currently hides the GPS
coordinates and has no effect on the video.
The button has an LED indicating the privacy
mode status. It requires a VG to be mounted.
ACC-BPR
15%
$5.00
$4.25
$60.00
$51.00
One-Time/Replacement Cost
ID Card
Passenger ID Cards;
ACC -CARD
15%
$0.21
$0.18
$2.50
$2.13
One-Time/Replacement Cost
Engine Immobilizer
Remotely disable and enable engine.
ACC -El
15%
$6.58
$5.60
$79.00
$67.15
One-Time/Replacement Cost
Driver ID Token
Wireless Driver ID token for use with a VG
gateway to identify drivers in vehicles.
ACC-DRIVERID
15%
$0.83
$0.71
$9.99
$8.49
One-Time/Replacement Cost
ID Card Reader
ID Card Reader for use with VG34
ACC-IDRDR
15%
$16.58
$14.10
$199.00
$169.15
One-Time/Replacement Cost
Array Antenna w/ cellular, GPS
Array Antenna w/ cellular and passive GPS.
Compatible with IG15 hardware.
ACC-AANT-CG
15%
$12.42
$10.55
$149.00
$126.65
One-Time/Replacement Cost
Wall adapter PSU and Cable
Wall Adapter PSU
Plug to wire cable
Din Rail
Ziplock + Samsara brand label
ACC-IG-CWPS
15%
$12.42
$10.55
$149.00
$126.65
One-Time/Replacement Cost
CM inward camera -lens cover
CM32 lens cover, which blocks the inward
facing tense only
ACC-CM3-CVR1
15%
$0.83
$0.71
$10.00
$8.50
One-Time/Replacement Cost
CM3x Mounting Bracket
CM3x Mounting Bracket (incl. VHB Tape and
set of mounting screws)
ACC-CM3-MNT
15%
$0.83
$0.71
$9.99
$8.49
One-Time/Replacement Cost
CM Dual -lens cover
CM31 and CM32 lens cover, which blocks both
the forward and inward -facing lenses (for use
in areas where cameras are forbidden)
ACC-CM3-CVR2
15%
$0.83
$0.71
$10.00
$8.50
One-Time/Replacement Cost
Enhanced Vehicle IoT Gateway for use in North
America, providing full support for the AT&T
FirstNet Network. Requires CBL-VG-Cxx class
cables.
$10.75
$9.14
$129.00
$109.65
One-Time/Replacement Cost
Vehicle IoT Gateway, model VG54
Enhanced Vehicle IoT Gateway for use in North
America. Requires CBL-VG-Cxx class cables.
HW-VG54-NA
15%
$14.92
$12.68
$179.00
$152.15
One-Time/Replacement Cost
Vehicle IoT Gateway, model VG54, for Heavy Duty Vehicles Enhanced Vehicle IoT Gateway for use in North
America, for Heavy Duty vehicles only.
Requires CBL-VG-Cxx class cables.
HW-VG54-NAH
15%
$10.75
$9.14
$129.00
$109.65
One-Time/Replacement Cost
Site Camera Arm Mount
Arm mount accessory for site camera
ACC-SC-MNT-A1
5%
$11.92
$11.32
$143.00
$135.85
One-Time/Replacement Cost
Site Camera Junction Box Mount
Junction box mount accessory for site camera
ACC-SC-MNT-J1
5%
$4.75
$4.51
$57.00
$54.15
One-Time/Replacement Cost
Site Camera Pole Mount
Pole mount accessory for site camera
ACC-SC-MNT-P1
5%
$9.33
$8.87
$112.00
$106.40
One-Time/Replacement Cost
IG15 Industrial Asset Gateway
Samsara industrial asset gateway with
external cellular and GPS antenna connections,
battery backup, and ruggedized enclosure.
HW-IG15
15%
$25.00
$21.25
$300.00
$255.00
One-Time/Replacement Cost
IG15 Individual Antenna
Individual Antennas (w/ LTE and GPS)
ACC-IANT-CG
$149.00
Forward -facing dash -camera, series 3.
Forward -facing Al Dash Cam
HW-CM31
15%
$24.92
$21.18
$299.00
$254.15
One-Time/Replacement Cost
Dual -facing dash -camera, series 3.
Dual -facing Al Dash Cam
HW-CM32
15%
$33.25
$28.26
$399.00
$339.15
One-Time/Replacement Cost
Samsara powered asset gateway with cellular
connectivityreal-time GPS locationand 15%
compatibility with wireless sensors and 3rd
party integrations
$24.92
$21.18
$299.00
$254.15
One-Time/Replacement Cost
AG46 Unpowered Asset Tracker
Samsara pocket sized unpowered asset tracker
with cellular connectivity, GPS logging and
weatherproof, ruggedized enclosure
HW-AG46
15%
$8.25
$7.01
$99.00
$84.15
One-Time/Replacement Cost
AG46P Gateway
Samsara powered asset gateway for basic
trailer tracking with cellular connectivity and
real-time GPS location
HW-AG46P
15%
$12.42
$10.55
$149.00
$126.65
One-Time/Replacement Cost
Wireless Environmental Monitor
Samsara wireless environmental monitor for
temperature and humidity
HW-EM21
15%
$8.25
$7.01
$99.00
$84.15
One-Time/Replacement Cost
Site Camera - Dome
Domed site camera - 5 megapixels
HW-SC11
5%
$58.33
$55.42
$700.00
$665.00
One-Time/Replacement Cost
Site Camera - Bullet - High Temperature
Bullet site camera - 5 megapixels - High
Temperature
HW-SC21-HT
5%
$58.33
$55.42
$700.00
$665.00
One-Time/Replacement Cost
Site Camera - Bullet
Bullet site camera - 5 megapixels
HW-SC21
5%
$58.33
$55.42
$700.00
$665.00
One-Time/Replacement Cost
Site Gateway
Al network video recorder with support for up
to 25 streams and 30 days of video storage.
HW SG1 G
5%
$750.00
$712.50
$9,000.00
$8,550.00
One-Time/Replacement Cost
Site Gateway w/ Extended Storage
Al network video recorder with support for up
to 25 streams and 32TB of storage
HW-SG1-G32
5%
$0.00
$0.00
$0.00
$0.00
One-Time/Replacement Cost
Site Gateway Lite
Al network video recorder with support for up
to 8 streams and 30 days of video storage.
HW-SG1x
5%
$416.67
$395.83
$5,000.00
$4,750.00
One-Time/Replacement Cost
AG26 14 -pin Caterpillar cable
This 14 -pin caterpillar connector allows us to
read engine diagnostics from caterpillar
equipment with 14 -pin port
CBL-AG-ACT14
15%
$4.08
$3.47
$49.00
$41.65
One-Time/Replacement Cost
AG26 CAT 9 -pin cable
This 9 -pin connector allows us to read engine
diagnostics from caterpillar equipment with 9-
pin port
CBL-AG-ACT9
15%
$4.08
$3.47
$49.00
$41.65
One-Time/Replacement Cost
AG26 J1939 9 -pin cable bundle
This 9 -pin connector allows us to read engine
diagnostics equipment with J1939 9 -pin port
CBL-AG-A9PIN
15%
$4.08
$3.47
$49.00
$41.65
One-Time/Replacement Cost
AG26 AOPEN (open wire) Cable
An open wire cable used to connect across any
powered equipment to pull engine diagnostics
over CAN. This cable is the alternative to the
A9PIN cable when the equipment does not
have a common 9pin port. This cable can also
be used with CAT equipment if the ACTS and
the ACT14 cables do not match the port in the
equipment.
CBL-AG-AOPEN
15%
$4.08
$3.47
$49.00
$41.65
One-Time/Replacement Cost
AG26 APWR Cable
Connects AG to powered equipment enabling
logs of engine hours with the ability to track
power take off.
CBL-AG-APWR
15%
$4.08
$3.47
$49.00
$41.65
One-Time/Replacement Cost
AG26 ARTK (Thermo King) Cable
AG 7 -way cable specifically for reefer control
capabilities on select Thermo King and
connects the AG to a TK reefer via an officially
supported 3rd party access module designed
by TK toallow consistent 3rd party access and
control of the reefer unit.
CBL-AG-ARTK
15%
$8.25
$7.01
$99.00
$84.15
One-Time/Replacement Cost
AG26 ATPM cable
AG 7 -way cable specifically for tire pressure
monitoring (requires TPM integration)
CBL-AG-ATPM
15%
$8.25
$7.01
$99.00
$84.15
One-Time/Replacement Cost
AG24 7 -Way Y -Cable for European Trailers
Asset Gateway Cable with 7 -Way Y -Cable for
power from European Dry Van Trailers
CBL-AG-AEPC
15%
$5.75
$4.89
$69.00
$58.65
One-Time/Replacement Cost
AG Carrier VT Reefer Cable
AG cable for Carrier Vector model reefers.
CBL-AG-ARCR-VT
15%
$8.25
$7.01
$99.00
$84.15
One-Time/Replacement Cost
AG Carrier X4 Reefer Cable
AG cable for Carrier X4 model reefers.
CBL-AG-ARCR-X4
15%
$8.25
$7.01
$99.00
$84.15
One-Time/Replacement Cost
VG54 Aux Cable
Breakout Cable for Auxiliary inputs on VG54
CBL-VG-CAUX
15%
$1.25
$1.06
$15.00
$12.75
One-Time/Replacement Cost
Enhanced VG Series FMS cable
Enhanced VG Series cable for connecting to
FMS interfaces
CBL-VG-CFMS
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced VG Series Tachograph Cable - Heavy Goods Vehicles Enhanced VG Series Tachograph Cable for
Heavy Goods Vehicles
CBL-VG-CHGV
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced VG Series Isuzu cable
Enhanced VG Series Isuzu cable
CBL-VG-CIZU
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced VG Series J1708 (6 -pin)
Enhanced VG Series J1708 (6 -pin) cable
CBL-VG-CJ1708
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced VG Series J1939 or J1708 (9 -pin)
Enhanced VG Series J1939 or J1708 (9 -pin)
cable.
CBL-VG-CJ1939
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced VG Series J1939 cable for Volvo/Mack OBDII connectors Enhanced VG Series J1939 cable for 2013+
Volvo/Mack vehicles with OBDII connection
CBL-VG-CJ1939-VM
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced Universal OBD-Y2 Cable
Enhanced Universal OBD-Y2 Cable
CBL-VG-COBDII-Y0S
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced VG Series OBDII J1962 L -mount cable
Enhanced VG Series OBDII J1962 L -mount
cable
CBL-VG-COBDII-Y1
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
327
Enhanced VG Series OBDII J1962 L -mount cable for Ram Promaster and similar
Enhanced VG Series OBDII J1962 L -mount
cable for use with vehicles which use
secondary CAN on pins 1 and 9 (including Ram
Promaster)
CBL-VG-COBDII-Y2
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced VG Series direct -wire non -diagnostic power cable Enhanced VG Series direct -wire non -diagnostic
power cable
CBL-VG-CPC
15%
$1.58
$1.35
$19.00
$16.15
One-Time/Replacement Cost
VG54 Wall Power Adapter
VG54 connector for use with ACC -2Al2 -WW
power adapter (included) for powering a VG54
from a standard wall outlet. Also compatible
with ACC-BDH and ACC-BDHE
CBL VG CPWR
15%
$0.50
$0.43
$6.00
$5.10
One-Time/Replacement Cost
VG Carrier Supra Reefer Cable
Cable to connect EU Carrier Supra families of
reefers to a Vehicle Gateway via USB.
CBL-VG-CRCR-Y1
15%
$7.92
$6.73
$95.00
$80.75
One-Time/Replacement Cost
Enhanced VG Series RP1226 Cable
Enhanced VG Series RP1226 cable for use with
2019+ Peterbilt, Freightliner, Volvo, Mack or
Kenworth vehicles equipped with an RP1226
port.
CBL-VG-CRP1226
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
OBDII J1962 plus CAN C cable for VG54
Cable with two connectors: one OBD
connector and one CAN C connector for back
of tachograph. Cable for VANs with
Cacho ra h
CBL-VG-CTDC-YO
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced Tesla Model 3/Y 2019+ Cable
VG54 Cable for Tesla 3/Y
CBL-VG-CTSLA3-19
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced Tesla Model 3/Y 2019+ Cable
VG54 Cable for Tesla 3/Y
CBL-VG-CTSLA3Y-19
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced Tesla Model X/S 2016+ Cable
VG54 Cable for Tesla X/S 2016+
CBL-VG-CTSLAXS-16
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced Tesla Model X/S 2016+ Cable and Enhanced Tesla Model 3/Y 2017-18 Cable
VG54 Cable for Teslas (Enhanced Tesla Model
X/S 2016+ Cable and Enhanced Tesla Model
3/Y 2017-18 Cable)
CBL-VG-CTSLAXS-18
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
Enhanced Heavy Duty VG Series J1939 cable for year and model - Enhanced specific PACCAR engines
Heavy Duty VG Series J1939 cable
for MX -13 and PX-9 engines from specific
years
CBL-VG-HJ1939-PAC
15%
$3.25
$2.76
$39.00
$33.15
One-Time/Replacement Cost
328
Telematics Pricing Comparison
Cost per
unit
Monthly
Cost
Annual Cost
Verizon GSA Pricing
Basic
$ 15.99
$ 2,078.70
$ 24,944.40
Teletrac Navman Not currently under co-op
Plug & Play
$ 11.00
$ 1,430.00
$ 17,160.00
Hardwired: City Install
$ 15.00
$ 1,950.00
$ 23,400.00
Hardwired: Vendor Install
$ 17.00
$ 2,210.00
$ 26,520.00
GPS Fleet Management Solutions Sourcewell Pricing
Pro Plan, Install & Training -1 year
$ 20.50
$ 2,665.00
$ 31,980.00
Pro Plan, Self -Install & Training -1 year
$ 19.25
Sourcewell
$ 2,502.50
Pricing
$ 30,030.00
Purchase ($105 per unit)
$ 13,650.00
Cancellation of Services
GPS Insight
$ 17,550.00
Tracker only - 3 year agreement
$ 20.00
$ 2,600.00
$ 31,200.00
Forward Thinking Solutions
Sourcewell
$ 8.00
Sourcewell
Pricing
$ 1,040.00
Pricing
Tracker only - 3 year agreement
$ 12,480.00
Tracker ($60 - $75 per unit)
$ 8,775.00
Vendor Install - tracker
Samsara
$ 6,500.00
Basic - Revised City quote
$ 14.30
$ 1,859.00
$ 22,308.00
Sourcewell Pricing
$ 16.15
$ 2,099.50
$ 25,194.00
329
Agenda Item No: 1 .i
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 3, 2024
Submitted by: Jennifer Lampman
From: Finance
Subject:
Acceptance of Resignation from the Financial Audit Oversight Committee Financial Impact:
Fiscal Impact:
None
Summary:
The City has received a letter of resignation from Financial Audit Oversight Committee Member James Chough. This action accepts the above indicated resignation and extends the City's sincere appreciation for his service to the community.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Accept the resignation of James Chough from the Financial Audit Oversight Committee; and
2. Update the City's master Commission/Committee vacancy list to include the vacancy on the Financial Audit Oversight Committee.
Strategic Plan Statement:
This item is consistent with the City Council approved 5 -Year Strategic Goals to:
Increase Community Engagement (Goal 4), as this action will accept the resignation of a Financial Audit Oversight Committee member, resulting in an additional opportunity for a community member to serve on the Financial Audit Oversight Committee and become engaged with the community.
This item also furthers Goal 8 to Improve City Governance as the Financial Audit Oversight Committee requires full membership to operate optimally, and this action accepts the resignation of a member and recommends the vacancy be included in the Commission/ Committee vacancy list for future recruitments.
Discussion:
James Chough has served on the Financial Audit Oversight Committee (the "Committee") since 2007. During his tenure he contributed to the Committee's efforts to provide oversight to the City's financial statements. James Chough has indicated his desire to resign from the 330
Committee via correspondence dated May 7, 2024. The City is grateful to Mr. Chough for his seventeen (17) years of service to the community.
Appointment to this and other vacancies are anticipated to be made as part of the City's Commission/Committee application/recruitment process.
Fiscal Impact Summary:
There is no fiscal impact to this action.
Attachments
James Chough Committee Resignation.pdf
331
From: Socorro Luna
To: Jennifer Lampman
Subject: FW: Financial Audit Committee Meeting
Date: Wednesday, August 14, 2024 10:40:37 AM
Attachments: image003.pnq
image004.pnq
Please see below
Socorro Luna I Account Clerk I Finance Department
City of Placentia 1401 E. Chapman Ave. Placentia, CA 92870 rot (714) 993-8228 I I (714) 961-0283 I [email protected]
LACENTIA
iT
I
. ,I,.'L RN1A SrLr.rw.r,,,
. ••
From: CHOUGH, JAMES S
Sent: Tuesday, May 7, 2024 1:54 PM
To: Socorro Luna
Subject: RE: Financial Audit Committee Meeting
EMAIL FROM EXTERNAL SOURCE
Don't reply, click on a link or open an attachment unless you recognize the sender and know the content to be safe. If you believe this email to be unsafe, please use the Report Di.si button in Outlook and notify the IT department.
Hi Luna,
I am sorry but I will not be able to continue on the committee.
It was a pleasure serving these many years and I loved to have been a part of it.
Thank you,
Jimmy
From: Socorro Luna
Sent: Wednesday, May 1, 2024 5:04 PM
To: Casterline, Glenn ; Mooberry, David ;
Rivenburg, Deniene ; Zeineddine, Maryam
; CHOUGH, JAMES S
Cc: Jerry Griggs
Subject: Financial Audit Committee Meeting
332
Good Afternoon,
We would like to schedule a Financial Audit Committee Meeting on May 29th preferably at 5pm but if that is too early, we will keep it at 6pm.
Please let me know if this date and time works for you.
Thank you,
Socorro Luna I Account Clerk I Finance Department
City of Placentia 1401 E. Chapman Ave. Placentia, CA 92870 Va (714) 993-8228 I (714) 961-0283 I El [email protected]
LACENTIA
LALii`LP.kNi. ...p.'.....1 Edxrithirr
Download the iPlacentia Mobile App:
C•rwry .n.I r..n ihr
II AppStore ooglePlay
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This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain information that is confidential. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone at (your number) or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.
333
Agenda Item No: 1.j
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: September 3, 2024
Submitted by: Elsa Robinson
From: Public Works
Subject:
City Response to Orange County Grand Jury Report Entitled: "Talking Trash: Recyclables and Organic Waste"
Financial Impact:
Fiscal Impact:
None
Summary:
The Orange County Grand Jury (Grand Jury) publicly issued a report on June 11, 2024, entitled: "Talking Trash: Recyclables and Organic Waste", focused on how Orange County cities are implementing Senate Bill (SB) 1383. SB 1383 established targets to achieve a 50% reduction in statewide disposal of organic waste into landfills from 2014 levels by 2020 and a 75% reduction by 2025. To achieve these reduction targets, SB 1383 requires jurisdictions to provide organic waste recycling services to all residents and businesses.
The 2023-2024 Grand Jury Report investigated how Orange County jurisdictions are complying with the requirements and goals of SB 1383 that impact single-family residential units. The Grand Jury Report (Attachment 1) provides a series of findings and recommendations for local agencies to address and implement. The City of Placentia, along with all Orange County cities and the County of Orange were directed by the Grand Jury to review and respond to its findings and recommendations. Pursuant to State law, the City is obligated to provide a response, which is attached to this agenda report for the City Council's review (Attachment 2).
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Review the City's response to the Grand Jury Report; and
2. Direct Staff to submit the attached letter to the Presiding Judge of the Orange County Grand Jury, to be signed by Mayor Yamaguchi.
334
Strategic Plan Statement:
This item is consistent with the City Council approved 5 -Year Strategic Goal #8 to Improve City Governance, under Objective # 8.1, which is to update all rules and policies consistent with State regulations and Objective #8.2, to monitor legislation, unfunded mandates and ballot measures from Sacramento.
Discussion:
On June 11, 2024, the Orange County Grand Jury released a report entitled, "Talking Trash:
Recyclables and Organic Waste". The purpose of the report was to study how Orange County jurisdictions are responding to the organics diversion mandate under SB 1383, their successes and challenges, and the impact of this new requirement on Orange County residents. In the report, the Grand Jury made ten findings and seven recommendations, all of which are applicable to the City and require a written response. A complete copy of the report is included as Attachment 1.
The Grand Jury's initial focus was to answer the two questions listed below. However, the content of the final report provides additional relevant information about Orange County recycling and waste management.
1. What actions have Orange County jurisdictions taken to implement organics collection for their residential customers, and how do they measure the success of these actions?
2. Given that one key to the success of SB 1383 is public participation, have local jurisdictions conducted sufficient outreach and education? California Penal Code Sections 933 and 933.05 requires any public agency that the Grand Jury reviews to respond to the findings and recommendations of the Grand Jury Report. The City of Placentia is required to respond because it is referenced in the report along with the other 33 Orange County cities and the County of Orange. Staff has reviewed the Grand Jury Report and drafted a response letter for the Mayor's signature on behalf of the City Council for consideration. The proposed response letter in Attachment 2 responds to each of the applicable findings and recommendations listed on pages 22-24 of the report.
Pursuant to California Penal Code Sections 933 and 933.05, the City's response to the Grand Jury Report is due on September 10, 2024. Staff recommends that the City Council review the proposed response, provide input to staff, and authorize the Mayor to sign Attachment 2.
Fiscal Impact Summary:
There is no direct fiscal impact associated with the recommended actions.
Attachments
Attachment 1 - Orange County Grand Jury Report, a€ceTalking Trash: Recyclables and Organic Wastea€
Attachment 2 - City's Response.pdf
335
336
Talking Trash: Recyclables and Organic Waste
TABLE OF CONTENTS
SUMMARY 3
BACKGROUND 3
REASON FOR THE STUDY 4
METHOD OF STUDY 5
INVESTIGATION AND ANALYSIS 6
Overview of SB 1383 6
How Are Jurisdictions Impacted by SB 1383? 7
Orange County Jurisdictions' SB 1383 Implementation Status 8 How do jurisdictions assess their own progress? 8
Main Implementation Issues 8
COMMENDATIONS 18
FINDINGS 18
RECOMMENDATIONS 19
RESPONSES 21
Responses Required 22
Findings — 90 Day Response Required 22
Recommendations — 90 Day Response Required 24
REFERENCES 25
GLOSSARY 26
APPENDICES 28
APPENDIX A - SURVEY RESULTS 28
APPENDIX B - CIRCULAR ECONOMY STARTS IN YOUR KITCHEN 33 2023-2024
Orange County Grand Jury Page ii
338
Talking Trash: Recyclables and Organic Waste
SUMMARY
In 2016, the State of California enacted Senate Bill (SB) 1383, requiring counties, cities, and other organizations responsible for waste collection to coordinate with their residents to divert organic waste, including food scraps, from the landfill waste disposal stream. Another provision makes jurisdictions responsible for procuring a quantity of the recovered organic waste products resulting from the diversion. The 2023-2024 Orange County Grand Jury (OCGJ) investigated how Orange County jurisdictions are complying with the requirements and goals of SB 1383 that impact single-family residential units.
The investigation revealed that the approaches to meeting SB 1383's requirements vary greatly from jurisdiction to jurisdiction. The majority of Orange County jurisdictions have not yet distributed residential waste containers that meet the SB 1383 standardization requirements, leaving outdated labeling/embossing in place. Education and outreach have not yet taken place at all in some jurisdictions. Even when information has been disseminated in other jurisdictions, the methods disproportionately favor intermittent paper mailings. Also, the State's unrealistic targets for the procurement of recycled organic waste products do not account for a jurisdiction's population density or geographic size, which frequently makes them extremely difficult to meet.
The local enforcement stage of SB 1383 started on January 1, 2024. However, the majority of Orange County jurisdictions are unlikely to meet the SB 1383 targeted seventy-five percent reduction in the amount of organic waste sent to landfills by January 2025.
The OCGJ concludes there is a clear need to improve education and outreach efforts, develop enforcement mechanisms and processes, and to coordinate and collaborate among all jurisdictions to collectively address the challenges and to achieve the goals and targets of SB 1383.
BACKGROUND
Organic waste comprises more than a third of the waste stream in California and includes green waste, wood, food waste, and fibers such as paper and cardboard.
When left to decompose in landfills, organic waste releases large amounts of methane gas which is harmful to the environment (CalRecycle, 2024). In September 2016, SB 1383 set reduction targets in a statewide effort to reduce emissions of Short -Lived Climate Pollutants (SLCP) including methane. Simply put, this required all statewide jurisdictions to implement mandatory organic waste collection and recycling to divert organic waste from landfills. Another key benefit of the diversion of organic and other recyclable material from landfills is the preservation of overall landfill capacity.
In 2014, the State conducted random sampling of twenty-six landfills, Material Recovery Facilities (MRF), and Transfer Stations located in twenty-one of California's fifty-eight counties (none in Orange County). The results were used to establish the baseline for 2023-2024
Orange County Grand Jury Page 3
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Talking Trash: Recyclables and Organic Waste
the required reduction in organic waste destined for landfills. SB 1383 then set goals to reduce organic waste sent to landfills below the 2014 baseline by fifty percent no later than January 1, 2020, and seventy-five percent by January 1, 2025. However, despite the law's requirements, the amount of organic waste sent to landfills statewide actually increased by twenty-three percent above the 2014 baseline (Little Hoover Commission, 2023).
SB 1383 requires all jurisdictions to memorialize the bill's requirements in their municipal codes and ordinances no later than January 1, 2022. One of the results of these changes is that each jurisdiction had to amend or renegotiate their waste haulers' franchise agreements to incorporate the new requirements.
In accordance with SB 1383, as of January 1, 2024, all jurisdictions (and therefore all waste producers) will be subject to enforcement, including monetary fines. While SB 1383 has a myriad of requirements for commercial as well as residential waste producers, the OCGJ narrowed its investigation to the impacts associated with local jurisdiction compliance with SB 1383 on Orange County residents. This report focuses on the specific requirements associated with SB 1383, the local actions taken so far to meet those requirements, the success of those actions and how they are measured, local agency outreach and education efforts, and the challenges that remain for the County of Orange and the county's thirty-four cities.
REASON FOR THE STUDY
The organics diversion mandate under SB 1383 began to take effect in California on January 1, 2022. This means that jurisdictions in California were required to implement programs for the separation and diversion of organic waste, including food scraps, from landfill disposal. The actual enforcement of this requirement started on January 1, 2024.
The OCGJ's intent was to take a closer look at how Orange County jurisdictions are responding to this mandate, their successes and challenges, and the impact of this new requirement on the Orange County residents.
The OCGJ initially focused on two questions:
• What actions have Orange County jurisdictions taken to implement organics collection for their residential customers, and how do they measure the success of these actions?
• Given that one key to the success of SB 1383 is public participation, have local jurisdictions conducted sufficient outreach and education? While investigating the answers to these questions, the OCGJ discovered additional information about Orange County recycling and waste management that is notably relevant to this topic and is included in this report.
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METHOD OF STUDY
The OCGJ toured several local waste facilities, including:
• The Frank R. Bowerman landfill in Irvine, owned by the County of Orange and managed and operated by OC Waste & Recycling (OCW&R). This enabled the OCGJ to gain a better understanding of the refuse collection and disposal process.
• The MRF operated by Rainbow Environmental Services, located at 17121 Nichols Lane in the city of Huntington Beach. This facility was previously decommissioned then reopened on short notice when the newer Anaheim MRF was destroyed by fire in February 2022.
• The MRF operated by Waste Management, located at 2050 North Glassell Street in the city of Orange. This tour allowed the OCGJ to gain information on the operation of a newer, larger MRF.
The OCGJ reviewed SB 1383 and related documents, training videos, public meeting recordings, and presentations available on the CalRecycle website.
The OCGJ reviewed online publications from various organizational and media sources related to trash hauling and general operations of the waste and recycling industry and conducted fourteen interviews with representatives from the waste industry, local jurisdictions, and the State's enforcement agency.
The OCGJ also disseminated a nine -question survey to each of the thirty-four Orange County cities and the County to obtain their perspectives on local implementation of SB 1383. Follow-up interviews were conducted with representatives of the same ten cities included in the 2019-2020 OCGJ report "OC Recycling: Doing it the Right Way" and the County for additional insight into each jurisdiction's implementation of, and compliance with, SB 1383's requirements.
The OCGJ utilized the same sampling of ten cities as well as the County of Orange (for its unincorporated areas) because they represent different geographical areas of the county (from Brea in the north to Dana Point in the south) and reflect a variety of larger cities by population and/or land area (e.g., Santa Ana, Irvine) and some that are smaller (e.g., Buena Park, Mission Viejo).
Individual members of the OCGJ also observed the types and colors of carts, their labeling, and their contents at various locations throughout the county. These observations were documented via photographs to illustrate dissimilar details and nuances among jurisdictions and haulers.
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INVESTIGATION AND ANALYSIS
Overview of SB 1383
SB 1383 set ambitious targets for reducing organic waste disposal in landfills from the 2014 baseline: fifty percent by January 2020 (which was not met), and seventy-five percent by January 2025. Organic waste comprises more than half the waste stream in California and includes green waste, wood, food waste, and fibers such as paper and cardboard. When left to decompose in landfills, organic waste releases large amounts of methane gas. The overall goal of the bill is to reduce greenhouse gas emissions by at least four million metric tons per year by 2030 by requiring that "organics" going to the landfill be reduced to 5.7 million metric tons by 2025.
This groundbreaking legislation is a statewide effort to reduce Short -Lived Climate Pollutants (SLCPs). SLCPs such as methane, black carbon, tropospheric (ground level) ozone, and hydrofluorocarbons remain in the atmosphere for a shorter time than carbon dioxide but have a much stronger warming effect. Therefore, reducing SLCPs has the potential to significantly slow global climate change in the near term (California Air Resources Board, 2024). The State's efforts and policies are intended to substantially increase the rate of organic material diversion away from landfills. This diversion goal is meant to move the State towards the desired "circular economy" where organic waste is collected, converted into new materials or products, and reused for other purposes.
January 1, 2025
Jan. 2019
Two Years of
Informal Rulemaking
Ends. Formal
Rulemaking Begins
September
2016
SB 1383
Adopted
2016-2019
Fall 2020
Regulations
Adopted
Jan. 1, 2020
50 Percent
Reduction in Organic
Waste Disposal
2020
Figure 1
2021
Jan. 1, 2022
Regulations Take
Effect and State
Enforcement
Begins
75% Reduction
in Organics
Disposal
20% Increase in
Edible Food
Recovery
Jan. 1, 2024
Regulations Require
Local Governments
to Take Enforcement
2024
2025
Source: CalRecycle
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How Are Jurisdictions Impacted by SB 1383?
In this context, a jurisdiction may be a city, county, city and county, or special district that collects solid waste.
The jurisdictions' responsibilities specified by SB 1383 relating to residential units include (CalRecycle, 2024):
• Providing organics collection services to all residents • Conducting education and outreach to community
• Procuring recyclable and recovered organic products
• Securing access to recycling capacity
• Monitoring compliance and conducting enforcement
SB 1383 contains a significant amount of detail regarding the types of allowable collection programs. Critical requirements are listed below:
• Each resident must subscribe to an organic waste collection service that either "source -separates" the waste by using separate bins or transports all unsegregated waste to a facility that recovers seventy-five percent of the organic content collected.
• SB 1383 requires one of the following collection options:
A one -can system — all contents are transported to a facility that recovers seventy-five percent of the organic content.
A two -can system — at least one of the containers (whichever includes organic waste and garbage) must be transported to a facility that recovers seventy- five percent of the organic content.
A three -can system — organic waste is required to be source separated (recyclables in blue, food and yard waste in green).
Jurisdictions must also conduct education and outreach to all residents regarding collection service requirements, contamination standards, self -haul requirements, and overall compliance with SB 1383. Educational material must be linguistically accessible to non-English speaking residents.
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Jurisdiction Responsibilities
rO,5
R.)
Provide
Organics
Collection
Services to All
Residents and
Businesses
Establish
Edible Food
Recovery
Program
Conduct
Education and
Outreach to
Community
Procure
Recyclable
and Recovered
Organic
Products
Secure
Access to
Recycling
and Edible
Food
Recovery
Capacity
Monitor
Compliance
and Conduct
Enforcement
Calliecycle2
Figure 2
Source: CalRecycle
Orange County Jurisdictions' SB 1383 Implementation Status How do jurisdictions assess their own progress?
The OCGJ sent a ten -question survey to thirty-four cities and OC Waste & Recycling (OCW&R) and received thirty-one responses. The purpose of the survey was to verify how these agencies measure their progress on the implementation of various aspects of SB 1383. Survey participants were asked to mark their progress on the scale from 1 (significant challenges) to 5 (excellent) for each of the questions. The survey questions as well as more detailed information on responses and follow-up comments and explanations is included in Appendix A.
Main Implementation Issues
To follow-up on the survey, the OCGJ conducted a series of interviews with jurisdictions to learn more about their specific challenges in implementing SB 1383, successes, concerns, and solutions to common issues. The eleven jurisdictions interviewed were the same included in the 2019-2020 OCGJ report "OC Recycling: Doing it the Right Way" representing different geographical areas of the county and a variety of populations and/or land areas. Several themes emerged from the interviews:
• Container Standardization
SB 1383 requires standardized colors for residential and business curbside containers (green for organics, blue for recyclables, and grey for trash). It also requires container 2023-2024
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labels on new containers. The color scheme for collection containers must meet either of these requirements:
o The lid of the container is the correct designated color o The body of the container is the correct designated color, and the lid is also the same specified color or may be gray or black
Out of the eleven jurisdictions interviewed, only two have distributed containers that meet the State requirements. However, jurisdictions are not required to replace containers prior to January 1, 2036. Most are replacing their containers gradually over time. The variety of colors used by various jurisdictions contributes to the confusion and potentially increases contamination rates. In many cases, existing containers include embossed information that is no longer accurate or labels with outdated information (see examples below).
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Figure 3. The embossed information wrongly directs residents to put plastic grocery bags in the recycling container. Photo: OCGJ 2023-2024
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�w�2 of : gre er ca= �Sxfii t _
scTeAa{e collet' --.n far b5 ky ttemse eebold'lara, sre please 'alt vier Service ai:'f.82e.9677 = . Po v.crrwai.te.,ervice � — Figure 4. The old sticker incorrectly directs residents to put shoes, clothes, and other textiles in the recycling container. Photo: OCGJ NO HAZARt c
LiQUto WAST!
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Figure 5. Outside label on the `green waste' container contains no information regarding food scraps. Photo: OCGJ
-• i( subrAd hacardocz write Please call
toschedu lecol rvic sib for 76y 677 er W
Cu5tOrfl PL Service 800.8-6.9677 • yVyyyY•Crrwasteservica s.com The following two images of the "Food Scrap" container (outside and inside) were taken by an OCGJ member in a public park. The contents of the container, which contains unallowable items, such as plastic packaging, further underscores the need for clear signage and more public education.
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Fpd C7 SCRAPS o�.o. a.a o.y.-� N4 ERe�
/ r...esos / v...a.,..,s / Carr,, / Ccald rNenaa � ./ P ' v�®„ , The, arp„awsvnnis....:.er�ar^yto
7 -77
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Figure 6. Lid of the "Food Scraps" container in a public park from November 2023 showing correct information. Photo: OCGJ
Figure 7. Contents of the same "Food Scraps" container in the public park from November 2023. Photo: OCGJ
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Another standardization issue is that what is accepted for recycling varies among the jurisdictions and haulers.
For example, some allow palm fronds into organics bins while others do not, and some allow food scraps to be deposited in compostable bags while others do not, further adding to the confusion.
• Funding and Enforcement
While conducting interviews with the Orange County jurisdictions, the OCGJ learned that there are two approaches to funding their solid waste management programs (including SB 1383 implementation activities): (1) using an enterprise fund; and (2) using the general fund. Using an enterprise fund ensures that all revenues generated by the solid waste management program are reinvested in that program rather than being diverted into other needs of the jurisdiction.
Even though enforcement activities were effective starting January 1, 2024, jurisdictions only conduct inspections and spot-checks of residential customers' organic and trash containers using either "lid flipping" or smart trucks that record the contents of the containers as they are being emptied. Haulers (via contracts) have been designated to perform these functions. If residents are found to be in violation, the first step is to provide them with additional educational materials and information. If the violation persists, warning notices are issued. The final step is issuing fines. The penalties imposed by a jurisdiction are based on Government Code Sections 53069.4, 25132, and 36900, and are as follows:
• First violation: $50-$100 per violation;
• Second violation: $100-$200 per violation;
• Third or subsequent violation: $250-$500 per violation Penalties increase when an entity violates the same requirement within a one-year period (CalRecycle, 2024).
While jurisdictions have yet to collect fines, some have not even established the collection protocol or the account where collected fines will be deposited. • Education and Outreach
Clearly, there is a need for more education and outreach. The success of SB 1383 implementation and the ability to reach the CalRecycle goal of a seventy-five percent diversion rate depend largely on residents' compliance and behavior change. Education and outreach is the first and most critical component of that change. "The accuracy of consumer disposal decisions directly influences the performance of the recycling system." (Christian Blanco C. S., 2023) 2023-2024
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