Santa Fe Springs City Council
September 3, 2024

and Implementation; and Public Infrastructure Improvement Plans and Budget, among others.

Task 3: Public Outreach
Community Engagement is a core activity that the Consultant shall undertake. Developing an effective Community Engagement Strategy or Plan is the first step that the Consultant will complete with City staff input and advise. The Consultant shall review and espouse the principles and strategies contained in Caltrans and SCAG Public Participation Plans. The Consultant shall adhere to the following three key elements: i) To Inform the community with objective information to learn and to be informed about the project; ii) To Consult the community to obtain valuable feedback on specific project decisions and analysis; and iii) To Involve and work directly with the community to ensure that their concerns and feedback are understood and considered throughout the project. The Community Engagement Strategy shall identify “who, what, where, when, and how.”
The strategy will address the immediate DAC residents and businesses within and adjacent to the Project Area as well as the wider community. The Consultant will ensure that outreach to hard-to-reach segments of our community will be included- meet with elderly residents at senior housing sites, senior community centers; meet with our youth at community centers, and engage our school districts, principals, and teachers; meet with lower income residents at food banks, neighborhood gathering spots, community centers; and meet with transit riders at bus stops. The Consultant shall prepare social media posts and a dedicated city webpage as a central repository of project information. City staff can gather email lists from city departments of residents who wish to be informed of city projects. Printed articles in the quarterly community newsletter, local paper, and colorful graphics for posters will be used. Bilingual translation and interpretation services will be available for printed materials and community meetings.

The Consultant will also engage the utility companies, businesses, and developers and brokers who are familiar with mixed-use and residential projects. Of this group, special attention will be given to affordable housing providers and ancillary services e.g. social and supportive services, to better design an inclusive and holistic program. The Project will also seek consultation and engagement from local and regional transportation and planning agencies, such as Caltrans, Metro, SCAG, Gateway Cities COG, and utility companies. Discussions may focus on particular development opportunity areas that may require or influence future service delivery options.

For this Project, the City anticipates approximately two community-wide workshops, five focus group meetings, ten private stakeholder meetings, and numerous meetings with city staff.

Meetings should not be held at City Hall but rather held in places that community stakeholders are comfortable and familiar with. An Advisory Committee will also be established to facilitate project review and implementation. The Advisory Committee may consist of up to eleven community representatives and conduct up to seven meetings. Both print and digital mediums will be used from social media, city’s website, emails, and community newsletters. Online surveys, printed questionnaires, and informational FAQ sheets can be distributed at senior housing sites, and public counters to maintain effective and continuous communication.

The community engagement process will start one month after project initiation and continue through to project completion. Throughout the entire process, the community must be informed, consulted, and involved in what is their project. To minimize confusion and misunderstanding, periodic updates will also be presented at public meetings, such as the City Council and Commission meetings, as well as public service announcements using newsletter articles, and short videos posted on the website.

Task Deliverables

Community Engagement Report, PowerPoint Presentations, flyers, website announcements, sign-in sheets, community surveys, conceptual drawings, bilingual services Task 4: Advisory Committee Meetings
The work of the Advisory Committee and its role as an advisory body will be integral to the preparation of the Specific Plan. The Advisory Committee may be comprised of eleven individuals representing a cross section of the community and may meet up to seven times during the course of the Project.

Purpose: The City is preparing a Specific Plan to transform the Telegraph Road corridor and to create a new town center by encouraging and facilitating the transformation of former industrial-zoned properties into mixed-use and high-density residential sites. The City will engage residents, the business community, the youth, elderly, the disadvantaged, and other stakeholders. The Specific Plan will serve as a blueprint for future development. Attract investment and business to enhance the economic vitality of the Project Area, and improve the quality of life for residents, business owners, and employees. Lessen the environmental burdens on vulnerable populations. Plan for circulation system improvements that facilitate pedestrian, bicycling, and transit mobility, and coordinate multimodal street planning.

Role and Responsibilities: To provide ongoing and informative input to the Project Team (City and Consultant) and elected officials. Advisory Committee members will review, evaluate, and discuss information and concepts relating to the development of the Specific Plan. Provide ongoing input that reflects your community knowledge, including reviewing and commenting on major work elements and products. Help the Project Team gain a broader understanding of public and interest group perspectives. Provide recommendations regarding public engagement efforts. Act as public engagement ambassadors by inviting/encouraging neighbors, friends, business colleagues to participate in public engagement activities, workshops, and meetings.

Expectations of Advisory Committee Members: Participate actively, enthusiastically, and civilly.

Respect the comments and contributions of other members. Listen to and understand each other’s position. Review documents by agreed-upon deadlines. Provide recommendation and advise project team and decision makers. Act as public engagement ambassadors.

Task Deliverables
Agendas, meeting notes, list of attendees, list of action items Task 5: Draft and Final Plan
Consultant shall prepare two drafts and one final administrative public review draft. Additional changes may be required at each successive public hearing with the Planning Commission and City Council. A final Specific Plan will be prepared following the adoption of the Specific Plan.

Consultant is anticipated to prepare the following: i) Vision Statement and Guiding Principles, ii) Preliminary Policies, iii) Land Use Intensity Alternatives (3#) and Prototypical Mixed-Use and High Density Residential Project Proformas (5#), iv) Public Infrastructure Upgrade, Financial Sustainability Strategy Plan, v) Implementation Plan and Financing Strategy, vi) Targeted General Plan and Zoning Ordinance Amendments Report (Note: Environmental analysis and other tasks that are not eligible or are not being funded by the DOT Sustainability Competitive Planning Grant are not identified in this Task. However, these tasks will be completed and identified in the Consultant’s contract to ensure proper preparation and adoption of the Specific Plan.)

Task Deliverables
Two Drafts of Specific Plan, Administrative Draft for Public Review – list of comments, Final Plan that includes a summary of next steps towards implementation, credits FHWA, FTA, and/or Caltrans on the cover or title page, submitted to Caltrans in an ADA accessible electronic copy.

Task 6: Board Review/Approval
Consultant shall prepare and present materials, PowerPoint, etc. at meetings with the Planning Commission and City Council. These meetings are in the form of Study Sessions and Public Hearings. Consultant shall attend up to six meetings. Consultant will prepare staff reports, resolutions, and ordinances for the meetings.

Task Deliverables
Meeting agendas, presentation materials, meeting minutes with board acceptance/approval.

If yes, what is the estimated indirect cost rate? ______

J A S OND J F MAMJ J A S OND J F MAMJ J A S OND J F MAMJ 01 $33,000 $4,275 $0 $37,27502 $15,000 $1,943 $0 $16,943 1 $75,000 $9,717 $0 $84,7172 $125,000 $16,195 $0 $141,1953 $75,000 $9,717 $0 $84,7174 $50,000 $6,478 $0 $56,4785 $280,000 $36,277 $0 $316,2776 $20,000 $2,591 $0 $22,591 $673,000 $87,193 $0 $760,193
California Department of Transportation
Sustainable Transportation Planning Grant ProgramCOST AND SCHEDULEGrant Category Sustainable Communities Competitive Town Center Telegraph Corridor Specific Plan
Estimated
Local
In-Kind
Match*
Estimated Total
Project Cost* Task Title
FY 2024/25
FY 2024-25
Use the Local Match Calculator to ensure that grant and local match amounts are correct: Local Match Calculator (posted on-line) Reimbursements/ InvoicingDisclaimers
Agency commits to the Cost and Schedule below. Any changes will need to be approved by Caltrans prior to initiating any Cost and Schedule change or amendment.

Use only whole dollars in the financial information fields. No rounding up or down and no cents.

Grant Fiscal Year
City of Santa Fe Springs
Project TitleOrganization (Legal name)
Does your agency plan to use the Tapered Match approach for invoicing purposes? Draft and Final PlanBoard Review/Approval
Totals
Does your agency plan to request reimburesement for indirect costs? Advisory Committee MeetingsProject Administration (no more than 5% of total grant funds)Consultant ProcurementExisting ConditionsAnalysisPublic Outreach FY 2025/26 FY 2026/27
Task
# Grant Amount*
Estimated
Local Cash
Match*
Yes No
Yes No
“Provide a safe and reliable transportation network that serves all people and respects the environment”

DIVISION OF TRANSPORTATION PLANNING
P.O. BOX 942873, MS–32 SACRAMENTO, CA 94273–0001
(916) 261-3326 | TTY 711
www.dot.ca.gov
July 9, 2024te

SENT VIA E-MAIL
On behalf of the California Department of Transportation (Caltrans), Division of Transportation Planning, we are pleased to congratulate you on your Sustainable Transportation Planning Grant award.

Sustainable Transportation Planning Grant Program
Grant Award
Fiscal Year
Grant
Category
Grant Fund
Source
Project Title
Grantee/Agency
Executive Director
Grantee/Agency
Contact
Sub-Recipient(s)
Caltrans District
Contact(s)
Caltrans District
Contact(s) E-mail
Grant Award Local Match
(Cash)
Local Match
(In-Kind)
Total
Local Match
%
Local Match
Total
Project Cost
Conditions of Award Due to Caltrans Grant Expiration Date Final Invoice Due * The final contractually agreed upon Local Match and Fund Source are located on the Grant Application Cover Sheet and Project Cost and Schedule. Any change in Local Match that increases/decreases the Total Project Cost must be approved by Caltrans and may require a Formal Amendment. Each invoice must include the contractual/agreed upon local match % - any deviation to this amount requires an approved Tapered Local Match Amendment prior to invoice submittal. Any change to the Local Match Fund Source requires prior Caltrans approval and an Administrative Amendment. 24-25 Sustainable Communities Competitive SHA Town Center Telegraph Corridor (TCTC) Specific Plan City of Santa Fe Springs Rene Bobadilla Wayne E. Morrell James Santiago [email protected] $673,000 $87,193 $0 $87,193 11.47% $760,193 8/16/24 6/30/27 8/29/27 Caltrans Sustainable Transportation Planning Grant Program Grant Award

“Provide a safe and reliable transportation network that serves all people and respects the environment” Next Steps

1. The Caltrans District Grant Manager will schedule a Conditional Award Meeting with your agency soon.
 The attached specific and general conditions and project revisions necessary to accept grant funding will be discussed at this meeting.

2. The required conditions must be submitted to the Caltrans District Grant Manager no later than the date listed in the table above.
 Failure to satisfy these conditions will result in the forfeiture of grant funds.

3. The Caltrans District Grant Manager will review and approve all items required to fulfill the attached specific and general conditions.

4. Once the required conditions are met and the agreement is executed, the Caltrans District Grant Manager will:
 Send a Notice to Proceed letter (for MPO/RTPAs, this will happen after the OWP/OWPA formal amendment is processed). Grant work cannot begin until the Notice to Proceed letter is received by your agency.  Coordinate and schedule a grant kick-off meeting with your agency.

If you have questions concerning your Conditional Grant Award, please reach out to your Caltrans District contact listed in the table above.

Sincerely,

ERIN THOMPSON
Chief, Office of Regional and Community Planning
Attachments:

Specific and General Conditions

Sustainable Transportation Planning Grant Program
Grant Award Specific and General Conditions
Specific Conditions
If Specific Conditions have been identified for this grant, they will be listed below. Please make all necessary revisions to the Grant Application Cover Sheet, Scope of Work (SOW), and/or the Cost and Schedule, and complete the right column to indicate where the specific conditions were addressed.

Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

1. Grant Application Cover Sheet - Remove "x" from Climate Adaptation grant category.

2. The Grant Application Cover Sheet identifies in-kind match and the Cost & Schedule identifies cash match. Confirm which is correct and make the appropriate revision. If match will be in-kind, a Third Party In-Kind Valuation Plan must be submitted.

4. Task 2 is missing from the SOW. Revision task numbering accordingly. 3. Housing Element must be in compliance by January 2024 or before the grant agreement is executed by Caltrans.

5. Identify the authorized signer(s) and email address(s) for the grant agreement that will be routed via Adobe Acrobat Sign

6. Complete form STD 1000 - Generative Artificial Intelligence (GenAI) Disclosure & Factsheet

Specific Conditions
Conditions Addressed
List Document,
Section & Page(s)

General Conditions
Please review the General Conditions below and complete them, as necessary. Most of these items are outlined in the Grant Application Guide, Ch. 6 and Appendix B. • Board Resolution – A current (less than one year old) Local Board Resolution, signed by the governing board that includes the grant project title and job title of the person authorized to enter into a contract with Caltrans, is required to be submitted to Caltrans by September 13, 2024.
• Government Entity Taxpayer ID Form is now required in place of the previously required STD-204. It is required by Caltrans Accounting to ensure payments are sent to the correct recipient and address.
• Generative Artificial Intelligence (GenAI) Disclosure (STD 1000) is a new form now required by Caltrans for all contract submittals. The Solicitation Number field can be left blank. • Scope of Work (SOW) and Project Cost and Schedule (Refer to Grant Application Guide, Appendix B Checklists) These are frequently missed requirements:
o Project Management stand-alone tasks, staff and/or consultant coordination are not allowed. Project Management activities must be charged to the tasks in which they are accrued.
o Include tasks for a kick-off meeting with Caltrans, invoicing, quarterly reporting, and Board adoption or acceptance.
o Ensure the deliverable for the consultant procurement task includes: Request for Proposal (RFP), executed consultant contract, and a copy of your agency’s procurement procedures.
o The earliest project start date is November 4, 2024, with an end date of June 30, 2027.

The Project Cost and Schedule will need be updated to reflect your proposed start date. At least one task must extend to the grant expiration date on June 30, 2027. o Indirect Costs - For Local Government Agencies requesting to bill for indirect costs:

Indirect costs must be identified in the SOW and Project Cost and Schedule, and the indirect cost rate included at the bottom of the Project Cost and Schedule. • Grant Application Cover Sheet and Project Cost and Schedule o Ensure the grant award, local match, and total project costs are consistent with the award letter amounts.
• Grant Application Cover Sheet - Must identify the specific source of cash and in-kind local match funds; and must identify the agency providing the local match. o If your agency is using staff time as a cash match, the application cover sheet must identify the source of local match funds for staff time (e.g., General Fund). o Direct grantee staff time is not an allowable in-kind match and must be identified as cash match.
• Third Party In-Kind Valuation Plan, if applicable - Third-party in-kind contributions consist of goods and services donated from outside the grantee’s agency (e.g., printing, facilities, interpreters, equipment, advertising, staff time, and other goods or services). If utilizing thirdparty in-kind contributions to satisfy the local match requirement:
o Ensure in-kind contribution information is identified on the Grant Application Cover Sheet and Project Cost and Schedule.
o To clarify, sub-recipient staff time, if reimbursed, is considered cash match. If donating their time, it is considered in-kind.

o Submit a Third-Party In-kind Valuation Plan. The district can provide a copy of the valuation plan checklist and template.
• Ensure Consistency - All changes made to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule are made consistently in all documents.

Grant Administrative Requirements
Refer to the Grant Application Guide, Ch. 6, and the Restricted Grant Agreement boilerplate for a detailed overview of the Grant Administrative Requirements that must be adhered to over the life of the project. In summary:
• Third Party Contracts - Competitive consultant procurement, i.e., Request for Proposals (RFP) is required for all grant projects.
o If there is a consultant on-board, ensure the process to procure the consultant was a competitive process (documentation must be provided to Caltrans); the grant work must have been part of the original RFP.
o If using an on-call consultant list, the process for establishing the list must be competitive and less than five years old (documentation must be provided to Caltrans) o If the consultant helped to prepare the Project Scope of Work or grant application, they shall not be considered in the consultant procurement. • Quarterly Reporting – Quarterly Progress Reports (a narrative of completed project activities) are submitted on a quarterly basis.
• Invoicing and Financial Requirements –
o Maintain a proper accounting system (MS Excel is unacceptable). o Request for Reimbursements/invoices (RFRs) at least quarterly, but no more than monthly.
 One-time, lump sum invoices are not allowed.
 If requesting reimbursement of indirect costs, a copy of the ICAP/ICRP acceptance letter must be submitted with the first invoice.
 Local match commitments must be satisfied with every RFR/invoice, including any local match amount above the minimum amount. If you are unable to meet this commitment, coordinate with your district Contract Manager.  All work must be completed by June 30, 2027.
 Final RFR/invoice and the final product are due no later than August 29, 2027.  The final RFR/invoice will not be processed without the final product. o An Indirect Cost Allocation Plan/Indirect Cost Rate Proposal (ICAP/ICRP) must be submitted each year to the Inspector General Independent Office of Audits and Investigations for approval. Instructions for submitting an ICAP/ICRP are available at the following webpage: https://ig.dot.ca.gov/resources
• Grant Amendments - Proposed changes to the Grant Application Cover Sheet, SOW, and Project Cost and Schedule (e.g., local match amount, fund source, movement of funds) will require an Amendment and Caltrans approval. Please contact Caltrans for guidance on this process.

ITEM # 14

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: Ivy M. Tsai, City Attorney

SUBJECT: SECOND READING OF ORDINANCE NO. 1149 RELATING TO CITY

COUNCIL REORGANIZATION
DATE: September 3, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Adopt Ordinance No. 1149:

AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS ADDING SECTION

30.22 TO CHAPTER 30 (CITY COUNCIL) OF TITLE III (ADMINISTRATION) OF

THE SANTA FE SPRINGS MUNICIPAL CODE RELATING TO CITY COUNCIL

REORGANIZATION
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
N/A

BACKGROUND
Pursuant to request by the Mayor and Mayor Pro Tem, Ordinance No. 1149 has been drafted to establish a procedure for the rotation of the City Council and appointment of a Mayor and Mayor Pro Tem. The ordinance provides for the selection of a Mayor and Mayor Pro Tem at the first meeting of December in nonelection years or at the first meeting immediately following the certification of election results in election years. The order of appointment is as follows based on recent rotation: 1) Rounds, 2) Zamora, 3) Rodriguez, 4) Martin, and 5) Sarno.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 Ordinance No. 1149 Relating to City Council Reorganization

As members leave the City Council, they will be removed from the order of appointment and the names of new City Council members will be added at the bottom of the order of appointment. Where the names of two or more new City Council members are added to the order at the same time, their respective positions on the order of appointment shall be determined based upon which person received the highest number of votes in the municipal election immediately preceding. If any City Council member declines to be appointed as the Mayor or Mayor Pro Tem in accordance with the order of appointment, that City Council member will be moved to the bottom of the order of appointment.

ENVIRONMENTAL
N/A

SUMMARY/NEXT STEPS
N/A
ATTACHMENT(S):

A. Ordinance No. 1149
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

ORDINANCE NO. 1149
AN ORDINANCE OF THE CITY OF SANTA FE SPRINGS ADDING SECTION 30.22 TO CHAPTER 30 (CITY COUNCIL) OF TITLE III (ADMINISTRATION) OF THE SANTA FE

SPRINGS MUNICIPAL CODE RELATING TO CITY COUNCIL REORGANIZATION WHEREAS, Government Code section 36801 provides that the City Council may, following the declaration of election results and the installation of elected officials, choose one of its number as Mayor, and one of its number as Mayor Pro Tempore; and WHEREAS, the City Council desires to establish a rotation for City Council reorganization and selection of a Mayor and Mayor Pro Tempore.

THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 30.22 is hereby added to Chapter 30 of Title III of the Code of Santa Fe Springs to read as follows:
§ 30.22 CITY COUNCIL REORGANIZATION.
(A) The City Council shall reorganize by selecting one of its number as Mayor, and another of its number as Mayor Pro Tempore, on the following occasions:
(1) At the first meeting of December in nonelection years; or (2) At the first meeting immediately following the certification of election results in election years.
(B) Persons shall be appointed to the position of Mayor in accordance with the following order of appointment:
(1) Rounds
(2) Zamora
(3) Rodriguez
(4) Martin
(5) Sarno
(C) Persons shall be appointed to the position of Mayor Pro Tempore in the same order for the period of time immediately preceding their appointment as Mayor.
(D) As members leave the city council, the order of appointment shall be deemed modified by adding the names of new council members at the bottom of the order of appointment, and deleting the name of the retiring member or members therefrom. Where the names of two or more new council members are added to the order at the same time, their respective positions on the order of appointment shall be determined based upon which person received the highest number of votes in the municipal election immediately preceding.
(E) If any member declines to be appointed as the Mayor or Mayor Pro Tem in accordance with the order of appointment, that member will be moved to the bottom of the order of appointment.

SECTION 2. Any provision of the Code of Santa Fe Springs inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. If any section, subsection, phrase, or clause of this Ordinance is for any reason held to be unconstitutional, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses may be declared unconstitutional.

SECTION 4. The City Clerk shall certify the passage and adoption of this ordinance and shall cause the same to be published in the same manner required by law.

This ordinance shall become effective thirty (30) days from and after its passage.

PASSED and ADOPTED this ___ day of _______, 2024, by the following vote:

AYES:

NOES:

ABSENT:
___________________________
ATTEST: Jay Sarno, Mayor
_____________________________
Fernando Muñoz, Deputy City Clerk
ITEM # 15

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: Scott Porter, Deputy City Attorney

SUBJECT: THIRD AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY

MANAGER
DATE: September 3, 2024
RECOMMENDATION(S):

It is recommended that the City Council:

1) Approve the “Third Amendment to Employment Agreement Between the City of Santa Fe Springs and René Bobadilla.”

FISCAL IMPACT
The proposed change will not have a direct impact on municipal finances.

BACKGROUND
Municipal Code section 31.14 (“Removal”) establishes default procedures for the removal of a City Manager. That section also authorizes the City Council to amend those procedures via any contract duly entered into between the City and the City Manager.

Section 4(A) of the existing Agreement between Mr. Bobadilla and the City indicates that the City Council may terminate the agreement with Mr. Bobadilla “at any time, with or without notice, as determined by the affirmative votes of a majority of the members of the City Council at a meeting of the City Council.” The proposed ordinance would increase the minimum vote requirement to the affirmative votes of at least four-fifths (4/5) of the total membership of the City Council.

ENVIRONMENTAL
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024 First Amendment to Employment Agreement with City Manager

SUMMARY/NEXT STEPS
If approved, the Amendment will be effective upon execution.

ATTACHMENT(S):

A. Attachment A – Third Amendment to Employment Agreement Between the City of Santa Fe Springs and René Bobadilla
B. Attachment B – Second Amendment to Employment Agreement Between the City of Santa Fe Springs and René Bobadilla
C. Attachment C – First Amendment to Employment Agreement Between the City of Santa Fe Springs and René Bobadilla
D. Attachment D – Employment Agreement Between the City of Santa Fe Springs and René Bobadilla
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

1 THIRD AMENDMENT TO

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF SANTA FE SPRINGS
AND RENÉ BOBADILLA
This Third Amendment (“Third Amendment”) to the Employment Agreement between the City of Santa Fe Springs and René Bobadilla (“Agreement”) is entered into on September 3, 2024 (“Effective Date”), by and between the City of Santa Fe Springs (“CITY”), a California municipal corporation, and René Bobadilla (“EMPLOYEE”), an individual (sometimes collectively referred to herein as “the Parties”).

RECITALS
WHEREAS, the CITY and EMPLOYEE entered into the Agreement for EMPLOYEE to serve as the City Manager of the CITY effective July 19, 2023; and WHEREAS, the CITY and EMPLOYEE entered into the First Amendment to the Agreement on February 20, 2024 following a performance review pursuant to Section 5(B) of the Agreement; and
WHEREAS, the CITY and EMPLOYEE entered into the Second Amendment to the Agreement on June 4, 2024 following a salary and performance review pursuant to Section 5(B) of the Agreement on May 21, 2024 and May 25, 2024; and
WHEREAS, pursuant to Section 5(B) of the Agreement, the City Council conducted a review of EMPLOYEE’s salary and performance on August 22, 2024; and WHEREAS, as part of this review, the CITY and EMPLOYEE desire to amend the Agreement as set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

1. Section 4(A) of the Agreement shall be deleted in its entirety and replaced with the following:
(A)It is understood and agreed that EMPLOYEE’s employment with the CITY shall be on an at-will basis, and that this AGREEMENT may be terminated by the City Council at any time, with or without notice, as determined by the affirmative votes of at least fourfifths (4/5) of the total membership of the City Council at a meeting of the City Council.

Notwithstanding the foregoing, the CITY may not terminate EMPLOYEE during the period commencing 120 days before any City Council election and ending April 30th following an election.
2 2. Except as amended herein, all terms, conditions, and provisions of the Agreement as previously amended shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have set their hand by their duly authorized representatives as of the day and year first above written.

CITY OF SANTA FE SPRINGS EMPLOYEE
__________________________ _________________________
Jay Sarno, Mayor René Bobadilla
APPROVED AS TO FORM:
______________________________
Scott E. Porter, Deputy City Attorney

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF SANTA FE SPRINGS
AND

RENE BOBADILLA
This employment agreement ("AGREEMENT") is made effective as of July 19, 2023 ("EFFECTIVE DATE") and is entered into by and between the City of Santa Fe Springs ("CITY"), a municipal corporation of the State of California, and Rene Bobadilla ("EMPLOYEE"), an individual. Under this AGREEMENT, the CITY offers, and EMPLOYEE accepts, employment as City Manager of the CITY.

SECTION 1. TERM
EMPLOYEE's term as City Manager for CITY is five (5) years from the EFFECTIVE DATE. Such employment shall be on the terms set f01ih hereinafter. Except as otherwise provided for in this AGREEMENT, EMPLOYEE's employment with the CITY shall be on an at-will basis, and will continue through the term unless terminated as provided in this AGREEMENT.

SECTION 2. DUTIES
EMPLOYEE shall perform, to the best of EMPLOYEE's abilities, the duties and functions of the City Manager of the CITY, as prescribed by state law and in the CITY's Municipal Code, and which are commonly assigned to a City Manager of a city in California. As the City Manager, EMPLOYEE shall serve as the CITY's highest ranking executive officer and management employee.

EMPLOYEE shall perform, using his discretion and judgment, legally permissible duties and functions consistent with the office of the City Manager, and as the City Council requires from time to time. These duties may include, but are not limited to, the following:
(A) Administer and enforce policies established by the City Council and promulgate rules and regulations as necessary to implement such policies; (B) Direct the work of all appointive CITY officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or rep01i directly to the City Council;
(C) Recommend to the City Council the adoption of measures that the City Manager deems necessary for or expedient to the health, safety, or welfare of the community or for the improvement of administrative services;
(D) Evaluate administrative practices that may result in greater operational effectiveness or economy in CITY government, and develop and recommend to the City Council long-range plans to improve CITY operations and prepare for the CITY's growth and development;
1 (E) Provide for management development and training, and develop leadership qualities as necessary to ensure the highest standards of managerial practices; (F) Act in the CITY' s best interests at all times and perform City Manager duties in a competent and professional manner; and
(G) Exercise the highest degree of integrity and ethical conduct both on- and off-duty, so as to ensure the reputation of the CITY and its efficient and effective operation; and (H) Supervise and dictate CITY business needs and requests to all CITY Department Heads and other managerial employees of the CITY, using his judgment and discretion, and in his capacity as the highest ranking executive officer of the CITY.

SECTION 3. DEVOTION TO CITY BUSINESSS
The City Manager position is considered a full-time position. Therefore, EMPLOYEE shall not engage in any outside business, educational, professional, charitable, or other activities, whether for compensation or otherwise, that would conflict or materially interfere with performance of the City Manager duties, without written prior approval by the City Council.

SECTION 4. TERMINATION OF EMPLOYMENT
(A) It is understood and agreed that EMPLOYEE's employment with the CITY shall be on an at-will basis, and that this AGREEMENT may be terminated by the City Council at any time, with or without notice, as determined by the affirmative votes of a majority of the members of the City Council at a meeting of the City Council.
(B) If the CITY elects to terminate this AGREEMENT such that the termination date would occur before the end of the five-year term, and the EMPLOYEE delivers to the CITY an executed copy of the Separation and Release Agreement in the form attached hereto as Exhibit A within thirty (30) days of his termination, the CITY shall pay EMPLOYEE a lump sum amount of six (6) months of EMPLOYEE's base SALARY in compliance with and subject to any limitation in Government Code Section 53260, unless EMPLOYEE engaged in any of the following conduct:
(1) A breach of the terms of this AGREEMENT;
(2) Conviction of, or plea of guilty or nolo contendere to any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the CITY;
(3) Failure of the EMPLOYEE to observe or perform any of the City Manager duties and obligations if such failure continues for a period of not less than thirty (30) business days from the date of City Manager's receipt of notice from the City Council specifying the acts or omissions deemed to constitute that failure;
( 4) Conviction of any crime involving an "abuse of office or position," as that term is defined in Government Code Section 53243.4;
2 (5) Failure to carry out a lawful directive or lawful directives of the City Council made by the City Council as a body at a Brown Act-compliant meeting;
(6) Any grossly negligent action or inaction by EMPLOYEE that materially and adversely: (a) impedes or disrupts the operations of the CITY or its organizational units; (b) is detrimental to CITY employees or public safety; or ( c) violates the CITY' s established rules or procedures; or (7) Conduct unbecoming the position of the City Manager or likely to bring discredit or disrepute to the CITY.
(C) If EMPLOYEE elects to resign or to terminate this AGREEMENT, then the EMPLOYEE may terminate this AGREEMENT at any time upon thirty (30) days' written notice to the Mayor of the CITY or the City Attorney. EMPLOYEE's resignation shall be deemed accepted upon delivery to the Mayor or the City Attorney. In the event that EMPLOYEE voluntarily terminates this AGREEMENT prior to the end date of the AGREEMENT, no severance pay shall be payable to EMPLOYEE. The parties may consider the option to enter into a release and settlement agreement in the event of EMPLOYEE'S resignation and upon mutual agreement.
(D) EMPLOYEE shall not be entitled to any compensation upon termination except as set forth in Sections 4 (B) and (E).
(E) Upon termination of this AGREEMENT, the CITY shall pay EMPLOYEE an amount equal to the value of the EMPLOYEE's earned, but unpaid salary and EMPLOYEE's accumulated, but unpaid and unused vacation and flexible leave, and any other accrued leave time to which EMPLOYEE is entitled, except for sick leave.

SECTION 5. COMPENSATION
(A) EMPLOYEE's annual base salary is two-hundred and eighty thousand dollars ($280,000) ("SALARY"), which the CITY shall pay in equal bi-weekly payments. The annual SALARY shall be subject to deductions and withholding of any and all sums required for federal or state income tax, pension contributions, and all other taxes, deductions or withholdings required by state, federal or local law. EMPLOYEE waives the right to all CITY incentive pays, including but not limited to education pay, bilingual pay, etc.
(B) The City Council shall review EMPLOYEE's salary and performance in February of 2024, August of 2024, and thereafter on an annual basis. The City Council and EMPLOYEE may establish mutually-agreed upon objectives for the subsequent year at such reviews. (C) The City Council may at its discretion, from time to time, increase EMPLOYEE's base salary. Such an increase shall not require an amendment to this AGREEMENT to be effective.

Such an increase may be set fmih in an annual salary resolution or minute action approved by the City Council and ratified by resolution.
(D) EMPLOYEE may, at his own cost and expense, enroll and participate in the CITY's deferred compensation plan. The CITY will match contributions by EMPLOYEE to the CITY's 401a deferred compensation plan at a ratio of 1:1 up to a maximum of3% of base salary. 3 SECTION 6. BENEFITS
(A) RETIREMENT BENEFITS
EMPLOYEE shall be eligible for the following retirement benefits:
(1) CITY shall provide EMPLOYEE the California Public Employees' Retirement System (CalPERS) retirement benefit formula known as 2%@ 55 with the average of the three (3) highest consecutive years of compensation. EMPLOYEE shall pay 7% pre-tax CalPERS member contribution.
(2) 1959 Survivor's Benefit at funding Level 4 (Government Code Section 21574).
(3) Credit for Unused Sick Leave (Government Code Section 20965). ( 4) Military Service Credit as Public Service ( Government Code Section 21024).

Pursuant to Government Code section 53244, EMPLOYEE, if convicted of a felony for conduct arising out of the performance of his official duties, shall forfeit rights to retirement rights and benefits to which he would otherwise be entitled.
(B) HEALTH BENEFITS AND RETIREE MEDICAL
(1) The CITY contracts with CalPERS for health benefits. EMPLOYEE and his dependents are eligible for this benefit. A dependent may remain on the plan until age 26. If a dependent is qualified as disabled, the dependent may remain on the plan past their 26th birthday pending the approval from CalPERS Health Benefits Division. Health Plans include Anthem Blue Cross, Blue Shield of CA, Kaiser Permanente, and UnitedHealthcare. (2) The CITY shall pay the premium for health benefits for the EMPLOYEE and dependents as provided to CITY Department Heads.
(3) If EMPLOYEE can provide proof of health insurance with another carrier, EMPLOYEE can opt out of the CITY medical plan and receive a rebate as provided to CITY Department Heads ( currently $214.61 single party; $429.22 two party; $557.98 family).
(4) Following retirement from the CITY, Employee shall be eligible for retiree medical benefits if vested in CalPERS. The CITY shall pay the insurance premium up to the applicable medical cap.
(C) DENTAL INSURANCE
EMPLOYEE is entitled to receive the same dental insurance benefits available to CITY Depaiiment Heads as they cmTently exist or as may be adjusted at any given time during the term of this AGREEMENT. The CITY currently contracts with Delta Dental Insurance. The CITY 4 pays the full premium for CITY Department Heads and eligible dependents in a HMO (Delta Care) Plan. CmTently, if a CITY Department Head elects to receive Delta Dental PPO coverage, the CITY Department Head shall contribute fifty dollars ($50.00) per month towards the monthly premmm.
(D) VISION INSURANCE
EMPLOYEE is entitled to receive the same vision insurance benefits available to CITY Department Heads as they currently exist or as may be adjusted at any given time during the term of this AGREEMENT. The CITY currently has a vision reimbursement program. The CITY currently reimburses up to $450 annually for eye examination and frames/lenses for CITY Department Heads and up to $400 for eligible dependents. There is a $20 deductible for eye examinations. Cunently, the CITY also reimburses up to $1,800 for laser eye surgery for CITY Depmiment Heads and up to $1,600 for eligible dependents. (E) LIFE INSURANCE
The CITY shall provide EMPLOYEE with a two-hundred twenty-eight thousand dollar ($228,000) group term life insurance policy. EMPLOYEE shall pay the premium costs associated with the purchase of any additional life insurance.
(F) LONG TERM DISABILITY INSURANCE
The CITY contracts with Standard Insurance for Long Term Disability benefits. The CITY does not pay into the State Disability system. This plan is used in lieu of State Disability. The premium is paid in full by the CITY. There is a 60-day elimination period for this insurance. If a claim is accepted, EMPLOYEE will be paid two-thirds of EMPLOYEE'S monthly salary up to 24 months.
(G) BUSINESS AND PROFESSIONAL EXPENSES
The CITY recognizes that EMPLOYEE may incur expenses of a non-personal, job-related nature that are reasonably necessary to the City Manager's service to the CITY. To the extent that such costs may be budgeted by the CITY, the CITY shall pay EMPLOYEE for professional membership dues and fees, and for attendance at professional conferences. The CITY shall reimburse EMPLOYEE upon presentation to the CITY of verified receipts for sums necessarily incuned by EMPLOYEE in the performance of EMPLOYEE's duties or as otherwise budgeted for by the CITY, so long as the expenses are in accordance with the CITY's policies and state laws.
(H) CAR ALLOWANCE
The CITY shall pay EMPLOYEE a car allowance of five-hundred dollars ($500) per month.
(I) CELL PHONE
The CITY shall provide EMPLOYEE with a CITY issued cell phone for CITY business use, and the CITY shall pay for the associated phone bills and expenses. 5 (J) TUITION REIMBURSEMENT
EMPLOYEE is allowed up to $350 per fiscal year for tuition and books. The maximum reimbursement for full-time employees engaged in a degree program is $4,000 per year.

SECTION 7. LEAVES
(A) FLEXIBLE LEA VE
EMPLOYEE is entitled to sixty (60) hours of flexible leave each fiscal year. EMPLOYEE may carry over twenty-four (24) hours from one fiscal year to the subsequent year, not to exceed a maximum accrual of eighty-four (84) flexible leave hours. (B) HOLIDAYS
EMPLOYEE is entitled to the following CITY observed holidays:
• New Year's Day
• Dr. Martin Luther King Jr.' s Birthday
• Lincoln's Birthday
• President's Day
• Cesar Chavez's Birthday
• Memorial Day
• Juneteenth National Independence Day
• Independence Day
• Labor Day
• Veteran's Day
• Thanksgiving Day
• Day after Thanksgiving
January 1
Third Monday in January
Second Monday in February
Third Monday in February
March 31
Last Monday in May
June 19
July 4
First Monday in September
November 11
Fomih Thursday in
November
Day following Fomih
Thursday in November
• The day before Christmas December 24
• Christmas Day December 25
• Every day appointed by the President or Governor as a holiday When a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. (C) VACATION LEA VE
(1) Accrual of, and eligibility to utilize, vacation leave shall commence upon EMPLOYEE's date of employment.
(2) EMPLOYEE shall bank forty ( 40) hours of vacation leave upon EMPLOYEE's first date of employment.
(3) Vacation leave shall accrue at the rate of fomieen (14) hours per month up to a maximum vacation leave bank of 240 hours. Once the vacation leave 6 bank reaches 240 hours, vacation accrual will temporarily stop. Vacation accrual will begin again once vacation time has been taken and the vacation leave bank falls below 240 hours.
(4) Once per year, EMPLOYEE may elect to cash out up to eighty (80) hours of unused vacation leave.
(5) In the event one or more municipal holidays fall within a vacation leave, the CITY shall not charge such holiday(s) against vacation leave. (D) SICK LEA VE
(1) EMPLOYEE is entitled to the use of sick leave with pay, which may be used upon commencement of employment. Sick leave shall accrue at the rate of eight (8) hours per full month of service.
(2) Sick leave may be used for the following purposes:
a. Diagnosis, care, or treatment of an existing health condition of, or preventative care for EMPLOYEE or any of the following of the EMPLOYEE's family members: child of any age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling; and
b. For EMPLOYEE, if EMPLOYEE is a victim of domestic violence, sexual assault, or stalking in order for EMPLOYEE to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
(3) One-half (1/2) of the EMPLOYEE's accrued and available annual sick leave is protected, and may be used for any of the purposes stated above. (E) BEREAVEMENT LEA VE
(1) EMPLOYEE shall be granted bereavement of up to five ( 5) working days whenever death occurs to a member of the EMPLOYEE's family. The CITY will pay up to three (3) days of bereavement leave. (2) For the purpose of bereavement leave, family shall be defined as in Section 7(D)(2).
(F) MILITARY LEA VE
Military Leave of Absence shall be granted in accordance with provisions of the CITY' s Personnel System Rules and Regulations, Administrative Policy 30-14, and as defined in Section 395 et seq. of the Military and Veteran's Code of the State of California. 7 (G) JURY DUTY
Leave of absence with pay shall be granted to a maximum of fifteen (15) working days to EMPLOYEE when serves on a jury. In such cases, EMPLOYEE shall be paid his regular salary.

Employees on call for jury duty are expected to report for work. Jury and witness fees EMPLOYEE may receive from court service shall be remitted to the CITY. Mileage reimbursement will be kept by EMPLOYEE.

SECTION 8. INDEMNIFICATION
The CITY shall defend, hold harmless, and indemnify EMPLOYEE using legal counsel of the CITY's choosing, against expense or legal liability for acts or omissions by EMPLOYEE occurring within the course and scope of the EMPLOYEE's employment under this AGREEMENT, determination of the issues, including any and all losses, damages, judgments, interest, settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings, including appeals, and including attorneys' fees, and expert witness fees and all other trial and appellate costs, and other liabilities incurred, imposed upon, or suffered by the EMPLOYEE in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened. In the event there is a conflict of interest between the CITY and the EMPLOYEE such that independent counsel is required for the EMPLOYEE, the EMPLOYEE may engage his own legal counsel, in which event the CITY shall indemnify the EMPLOYEE, including direct payment of all such reasonable costs related thereto.

SECTION 9. ABUSE OF OFFICE OR POSITION
Notwithstanding anything to the contrary, pursuant to the requirements set forth in Government Code Section 53243, if EMPLOYEE is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (i) if EMPLOYEE is provided with administrative leave pay pending an investigation, EMPLOYEE shall be required to fully reimburse CITY such amounts paid; (ii) if CITY pays for the criminal legal defense of EMPLOYEE (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), EMPLOYEE shall be required to fully reimburse CITY such amounts paid; and (iii) if this AGREEMENT is terminated, any Severance Pay and Severance Benefits related to the termination that EMPLOYEE may receive from CITY shall be fully reimbursed to CITY or shall be void if not yet paid to EMPLOYEE.

For purposes of this Section, abuse of office or position means either: (i) an abuse of public authority, including, but not limited to waste, fraud, and violation of the law under color of authority; or (ii) a crime against public justice, including, but not limited to the crimes described in Titles 5 through 7 of Part I of the California Penal Code.

SECTION 10. NOTICES
Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery, mail, or email. Mailed notices shall be addressed to the parties as set forth below, but each party may change his/her/its address by written notice given in accordance with this Section. Notices delivered personally or by email will be deemed communicated as of 8 actual receipt. Mailed notices will be deemed communicated and received as of three (3) calendar days following the date of mailing.

CITY: City of Santa Fe Springs
Attention: Mayor
11710 Telegraph Road
Santa Fe Springs, CA 90670
CITY MANAGER: Rene Bobadilla
SECTION 11. ENTIRE AGREEMENT AND AMENDMENTS
The CITY and EMPLOYEE acknowledge that no representation, inducement, promise or agreement, oral or written, has been made or is being relied upon which is not set forth in this AGREEMENT. This AGREEMENT supersedes all prior agreements with respect to the subject matter hereof and, to the extent permitted by law, any and all CITY Ordinances, Resolutions or Personnel Rules and Regulations of the CITY that have been or may be adopted. No amendment or modification to this AGREEMENT shall be effective unless such is in writing and signed by the pmiies.

SECTION 12. EFFECT OF WAIVER/SEVERABILITY
Failure by either party to insist on strict compliance with any term or condition of this AGREEMENT shall not be deemed a waiver of such term or condition, nor shall any such failure be deemed a waiver of that right at any other time. If any provision of this AGREEMENT is held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 13. EMPLOYEE REPRESENTATION
EMPLOYEE represents that he has reviewed this AGREEMENT and has had the opp01iunity to consult with legal counsel of EMPLOYEE's own choosing with respect to this AGREEMENT. This AGREEMENT shall be deemed to have been drafted by both parties and it shall not be interpreted against either pmiy hereto based upon the drafting hereof.

SECTION 14. GOVERNING LAW
This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California and the venue for any legal action relating to this AGREEMENT shall be the Superior Comi of the State of California, County of Los Angeles.

SECTION 15. COUNTERPARTS
This AGREEMENT may be executed in counterpmis.

IN WITNESS WHEREOF, the CITY has caused this AGREEMENT to be executed on its behalf by its Mayor and duly attested by its City Clerk; and EMPLOYEE has executed this AGREEMENT on the date first written above.
9 EXHIBIT A

SEPARATION AND RELEASE AGREEMENT

1. PARTIES
This Separation, Severance and General Release Agreement ("AGREEMENT") is made and executed as of ___ , by and between Rene Bobadilla ("BOBADILLA") and the City of Santa Fe Springs ("CITY"), collectively the PARTIES.

2. RECITALS

2.1 BOBADILLA commenced employment with the CITY as City Manager on or about _ , 2023, pursuant to an employment agreement entered into between the PARTIES on or about __ , 2023.

2.3 This AGREEMENT is made to amicably resolve all matters between BOBADILLA and the CITY regarding BOBADILLA's employment and the cessation of said employment.

2.4 The PAR TIES understand and agree that a material purpose of this AGREEMENT is to resolve any disputes and claims arising from or relating to BOBADILLA's employment with the CITY, if any, and provide for a separation payment for BOBADILLA.

3. CONSIDERATION

3.1 In exchange for BOBADILLA's execution, faithful performance and compliance with this AGREEMENT, including without limitation the granting of the releases set fo1ih herein, and in full satisfaction and settlement of BOBADILLA's claims, if any, the CITY shall pay BOBADILLA the sum of$ [ ] ("SEVERANCE PAYMENT") in the form of a check made payable to Rene Bobadilla, to be delivered within ten (10) days of the effective date of this AGREEMENT ("EFFECTIVE DATE"). Required tax withholdings and deductions will be made from the SEVERANCE PAYMENT.

3.2 Respecting the SEVERANCE PAYMENT referenced in paragraph 3.1 above, BOBADILLA understands and agrees that the employee's pmiion of any federal, state or local taxes, if any, that may be owed or payable on the sums caused to be paid hereunder by the CITY are the sole and exclusive responsibility of BOBADILLA.

3.3 BOBADILLA and the CITY shall otherwise each bear their own attorney fees and costs incurred in connection with any disputes and this AGREEMENT.

3.4 Except as set fmih in this Paragraph 3, the PARTIES agree that no other monies or benefits are due, owing or unpaid by reason of BOBADILLA's employment or association with CITY and that no other monies or benefits will be paid or maintained by CITY to/for BOBADILLA, in BOBADILLA's name, or on BOBADILLA's behalf. BOBADILLA expressly agrees that the SEVRANCE PAYMENT described in Paragraph 3 supersede and are in substitution for any payments or benefits under any employment agreement(s), business 11 agreement(s) or arrangement(s), oral or written promises, or severance policy or plan respecting or regarding his employment or association with CITY.

4. SPECIFIC ACKNOWLEDEEMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBP A
The Age Discrimination in Employment Act of 1967 ("ADEA'') makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty ( 40) or older.

The Older Workers Benefit Protection Act ("OWBPA"), 29 U.S.C. sections 626, et seq., Pub. L. 101-433, 104 Stat. 978 (1990)) further augments the ADEA, and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, BOBADILLA acknowledges that he knowingly and voluntarily, for just compensation, waives and releases any rights he may have under the ADEA and/or OWBP A.

BOBADILLA fmiher acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written in a manner understood by BOBADILLA; (b) BOBADILLA is aware of, and/or has been advised of, his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) BOBADILLA is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) BOBADILLA has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(t) BOBADILLA has discussed, or had the oppmiunity to discuss, this waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT; (g) BOBADILLA has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to the CITY pursuant to this paragraph and must state, "I hereby revoke my acceptance of our 'Separation and Release Agreement"'; and (i) This AGREEMENT shall not be effective until all PARTIES have signed the AGREEMENT and ten (10) days have passed since BOBADILLA's execution of the AGREEMENT.
12 5. RELEASE
In exchange for the SEVERANCE PAYMENT, representations and covenants made herein, and except only as to such rights or claims as may be created by this AGREEMENT, BOBADILLA hereby, and for his heirs, representatives, successors, and assigns, releases, acquits, and forever discharges the CITY, and all of its agents, officers, current and former elected and appointed officials, current and former employees, representatives, insurers, attorneys, and all persons acting by, through, under, or in concert with any of them, and each of them, from any and all claims (including without limitation all claims for workers compensation benefits, if any), charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which BOBADILLA now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occun-ed (including without limitation any circumstance(s) giving rise to liability for workers compensation benefits) or was in effect at any time from the beginning of time up to and including the EFFECTIVE DATE of this AGREEMENT ("CLAIMS"), without regard to whether such CLAIMS arise under the federal, state or local constitutions, statutes, rules, ordinances or regulations, workers compensation statutes or the common law. BOBADILLA expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims related to the disputes, his employment with the CITY and its cessation, any claims for wages, overtime or benefits (including without limitation workers compensation benefits), any alleged breach of any duty, any alleged employment discrimination, harassment, retaliation or unlawful discriminatory act, any alleged breach of any express or implied employment contract, breach of any duty arising out of contract, statute, regulation, ordinance or tort, constructive discharge, wrongful termination or constructive discharge in violation of public policy, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting or respecting wrongful termination, breach of employment contract, or employment discrimination, employee injury, death, workers compensation, wrongful hiring, harassment or retaliation based upon sex, race, age, color, religion, handicap or disability, national origin or any other protected category or characteristic, including but not limited to the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, regulation, ordinance or decisional law.

Additionally, the CITY hereby agrees not to initiate, or proceed with any actions, causes of action, claims, etc., that could be or that have been asse1ied against BOBADILLA arising out of BOBADILLA' employment with the CITY, in any forum, whatsoever. To the extent that any such actions, causes of action, claims, etc., are, or become pending in any forum whatsoever, the CITY agrees to execute all documents necessary for the withdrawal of such actions, causes of action, claims, with prejudice, forthwith.

6. UNKNOWN CLAIMS

6.1 BOBADILLA on the one hand, and the CITY, on the other hand, each hereby waive and release any rights which the other and its successors, heirs, executives, administrators, may have directly or indirectly, if any, jointly or severally, directly or indirectly, 13 under the provisions of California Civil Code section 1542, and any similar state or federal statute, which reads in sum, substance or substantial part as follows:

A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS THAT THE CREDITOR OR RELEASING

PARTY DOES NOT KNOW OR SUSPECT TO EXIST

IN HIS FAVOR AT THE TIME OF EXECUTING

THE RELEASE AND THAT, IF KNOWN BY HIM OR

HER, WOULD HAVE MATERIALLY AFFECTED

HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.

6.2 BOBADILLA and the CITY acknowledge that the facts with respect to which each gives this general release may turn out to be different from the facts they now believe to be true. BOBADILLA and the CITY hereby assume the risk of the facts turning out to be different, and agree that this AGREEMENT shall in all respects be effective and not subject to termination or rescission because of any such difference in facts.

7. WAIVER OF ADDITIONAL CLAIMS
BOBADILLA and the CITY hereby waive any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant hereto.

8. REPRESENTATIONS AND WARRANTIES
Each of the PARTIES represent, warrant, and agree as follows:

8.1 No Other Claims: BOBADILLA and the CITY hereby represent and warrant that neither BOBADILLA nor the CITY has filed, nor will they file in the future, any complaint, charge, claim, legal action, or proceeding arising out of BOBADILLA's employment with the CITY, the disputes or the CLAIMS released hereby or in any way related to his employment with the CITY or separation therefrom with any court, agency, board, hearing officer or tribunal against the CITY or any of its agents, officers, current and former elected or appointed officials, current and former employees, representatives, insurers, attorneys, and all persons acting by, through, under, or in concert with any of them. BOBADILLA retains his right to request indemnification from the City pursuant to California Government Code Section 825 et seq. with respect to any action brought against BOBADILLA in his capacity as an employee.

8.2 Advice of Counsel: Each party has received, or has had the opportunity to receive, independent legal advice from their respective attorney(s) with respect to the advisability of making the settlement and releases provided herein, with respect to the advisability of executing this AGREEMENT, and with respect to the meaning of California Civil Code section 1542.

8.3 No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither pmiy relies upon any statement, representation, omission or promise of any other pmiy ( or of any officer, agent, employee, representative, or 14 attorney of or for any pmiy) in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

8.4 Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this severance and settlement and this AGREEMENT and all the matters pertaining hereto as it deems necessary.

8.5 Comprehension and Authority: Each pmiy or responsible officer thereof has read this AGREEMENT and understands the contents hereof. Any of the officers executing this AGREEMENT on behalf of the CITY are empowered to do so and thereby bind the entity.

8.6 Mistake Waived: In entering into this AGREEMENT and the severance and settlement provided for herein, each party assumes the risk of any misrepresentation, concealment or mistake. If any pmiy should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that it's understanding of the facts or of the law was incorrect, such pmiy shall not be entitled to rescind or set aside the AGREEMENT. This AGREEMENT is intended to be and is final and binding between the PAR TIES, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

8.7 Later Discovery: BOBADILLA and the CITY are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is both PARTIES intention to fully, finally and forever settle and release all such matters, and all claims relative hereto, which do now exist, may exist or have previously existed between both PARTIES. In furtherance of such intention, the releases given here shall be and remain in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

8.8 Ownership of Claims: BOBADILLA represents and warrants as a material term of this AGREEMENT that he has not heretofore assigned, transferred, released or granted, or purpo1ied to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, BOBADILLA further represents and warrants that none of the CLAIMS released by his hereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

8.9 Future Cooperation: The PARTIES will execute all such fmiher and additional documents as shall be reasonable or necessary to carry out the provisions of this AGREEMENT.

9. MISCELLANEOUS

9.1 No Admission: Nothing contained herein shall be construed as an admission by the PAR TIES of any liability of any kind. The PARTIES each deny any liability in connection with any claim or wrongdoing. Each pmiy also intends hereby solely to amicably resolve all matters between the PARTIES.
15 9.2 Governing Law: This AGREEMENT and the rights and obligations of the PAR TIES shall be construed and enforced in accordance with, and governed by, the laws of the State of California. The venue for any dispute arising out of or relating to this AGREEMENT shall be the Los Angeles Superior Court.

9.3 Full Integration: This AGREEMENT is the entire agreement between the PAR TIES with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the PARTIES hereto.

9.4 Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the PARTIES hereto, their respective agents, employees, representatives, officers, and officials.

9.5 Joint Drafting: Each paiiy has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the same shall not be construed against any party.

9.6 Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

9.8 Counterpaiis: This AGREEMENT may be executed in counterparts, and by facsimile and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all PARTIES.

9.9 AGREEMENT.

Executed Copy: All PARTIES shall receive a fully executed copy of this 9 .10 Notice: Any and all notices given to any patiy under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party's discretion, and addressed to the PARTIES as set fotih below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

As to BOBADILLA:

Rene Bobadilla
16 As to the CITY:

Attn: Director of Finance and Administrative Services
City of Santa Fe Springs
11710 Telegraph Road
Santa Fe Springs, CA 90670
WHEREFORE, the PAR TIES hereto have read all of the foregoing, understand the same, and agree to all of the provisions contained herein.

DATED:

DATED: - --
APPROVED AS TO FORM:

By:--- ­ -' City Attorney
17 CITY OF SANT A FE SPRINGS
By: _____ _
______ , Mayor

RENE BOBADILLA
By: ____ _

RENE BOBADILLA
ITEM # 16

CITY OF SANTA FE SPRINGS

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: Gus Hernandez, Director of Parks & Recreation

SUBJECT: PURCHASE OF NEW COMMERCIAL-GRADE MOWER FOR LAKE

CENTER ATHLETIC PARK SPORTS FIELDS
DATE: September 3, 2024
RECOMMENDATION(S):

It is recommended that the City Council:
1) Approve the purchase of a John Deere 2653B PrecisionCut Mower, an edger, and related accessories for the newly renovated Lake Center Athletic Park sports fields; and
2) Approve an appropriation adjustment and authorize a budget transfer from the Equipment Acquisition and Replacement Fund (6090) in the amount of $79,670.50 to cover the purchase cost of the equipment; and
3) Authorize the City Manager to execute the purchase agreement with the selected vendor; and
4) Take such additional, related action that may be desirable.

FISCAL IMPACT
To fund the purchase of a John Deere 2653B PrecisionCut Mower, an edger, and related accessories, it is recommended that the City Council approve a budget transfer from Equipment and Replacement Fund (6090) to General Fund (10800000) in the amount of $79,670.50 and approve an appropriation adjustment to account 10800000-573450 – Equipment. The purchase will be made using a California Multiple Award Schedules (CMAS) purchasing contract, ensuring that the City secures competitive pricing. This amount will cover the cost of the mower, including tax, delivery, and training for the maintenance staff.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024

BACKGROUND
The natural turf on the ballfields at Lake Center Athletic Park has recently undergone significant refurbishment, transforming the sports fields turf into a state-of-the-art playing surface. These upgrades are designed to support the growing demand for youth baseball in our community, offering a safe and professional environment for young athletes to hone their skills.

As part of our ongoing commitment to maintaining these high-quality fields, it is essential that we have the proper equipment to ensure the grass remains in optimal condition.

Furthermore, mowing equipment should be dedicated to the sports fields in order to prevent migration of other types of grass and weeds that are transported in mowing equipment.

ANALYSIS
The mower and accessories offer several advantages that make it the best choice for maintaining the sports fields at Lake Center Athletic Park. Its precision cutting capabilities ensure an even, high-quality turf surface that is essential for safe and enjoyable play, particularly for youth baseball. The mower’s durability and advanced features also contribute to operational efficiency by reducing the time and labor required for field maintenance.

ENVIRONMENTAL
The mower and related accessories are designed with several environmental considerations that align with the City's commitment to sustainability. The mower features a fuel-efficient engine that reduces greenhouse gas emissions and lowers the overall carbon footprint of our field maintenance operations.

DISCUSSION
To maintain the newly refurbished sports fields at Lake Center Athletic Park, the Parks & Recreation Department has identified the John Deere 2653B PrecisionCut Mower, edger, and related accessories as the ideal solution. This equipment is specifically designed for sports fields, offering the precision, durability, and efficiency required to keep the fields in top condition for youth baseball play.

SUMMARY/NEXT STEPS
Upon approval of the recommended actions by the City Council, City staff will issue a purchase order, the mower will be ordered, and when the equipment arrives, staff will be trained on safe and operation standards.

CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 3, 2024

ATTACHMENT(S):

A. Vendor Quote
B. Sourcewell Contract
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

Salesperson : X ______________ Accepted By : X ______________ Confidential
Quote Summary
Prepared For:

CITY OF SANTA FE SPRINGS
11710 TELEGRAPH RD
SANTA FE SPRINGS, CA 90670
Business: 562-409-7535
Prepared By:

Nick Scovel
Stotz Equipment
4811 Brooks Street
Montclair, CA 91763
Phone: 909-626-8586
Mobile: 909-376-6715
[email protected]
Customer agrees to read Operator’s Manual before operation of equipment.

Quote Id: 31578312
27 August 2024
27 August 2024
Created On:

Last Modified On:

Expiration Date: 03 September 2024
Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 2653B PrecisionCut
Mower (CITY DISCOUNT)
$ 66,123.00 $ 57,000.00 X 1 = $ 57,000.00
JOHN DEERE Quick-Adjust 7
Cutting Units for 2653B Extra set of
Reels (CITY DISCOUNT)
$ 16,047.20 $ 13,800.00 X 1 = $ 13,800.00
POWER TRIM CO INC 308-HPower
Trim Edger
$ 1,400.00 $ 1,300.00 X 1 = $ 1,300.00
Equipment Total $ 72,100.00
Quote Summary
Equipment Total $ 72,100.00
SubTotal $ 72,100.00
Sales Tax - (10.50%) $ 7,570.50
Total $ 79,670.50
Down Payment (0.00)
Rental Applied (0.00)
Balance Due $ 79,670.50

ATTACHMENT A
Selling Equipment
Quote Id: 31578312 Customer: CITY OF SANTA FE SPRINGS
Confidential
JOHN DEERE 2653B PrecisionCut Mower (CITY DISCOUNT)
Hours:

Stock Number:

Suggested List
$ 66,123.00
Code Description Qty
1229TC 2653B PrecisionCut Trim and
Surrounds Mower
1 Standard Options - Per Unit
001A United States and Canada 1
183E JDLink™ Modem 1
0443 All Other Countries (English / Spanish) 1
1146 20x10-10 Multi Trac Front Tires with
20x10-8 Turf Trac Rear Tire
1 1206 Quick Adjust 7 (QA7) 8-blade 66 cm
(26-in.) Cutting Units
1 1316 66 cm (26-in.) Wide x 76.2 mm (3-in.)
Diameter Heavy Duty Grooved Disc
Rollers
1 1402 Cutting Unit ONLY Counterweights 1
2009 Standard Seat 1
9736 Grass Catchers and Mounting
Hardware for 66 cm (26-in.) QA7
Cutting Units
1 Other Charges
Freight 1
EnviroCrate 1
JOHN DEERE Quick-Adjust 7 Cutting Units for 2653B Extra set of Reels (CITY DISCOUNT)
Hours:

Stock Number:

Suggested List
$ 16,047.20
Code Description Qty
5012TC Quick-Adjust 7 Cutting Units for 2653B
PrecisionCut Trim and Surrounds
Mower
1 Selling Equipment
Quote Id: 31578312 Customer: CITY OF SANTA FE SPRINGS
Confidential
Standard Options - Per Unit
001A US / Canada 1
1206 8-blade 66 cm (26-in.) Cutting Units 1
1316 3 In. (7.6 cm) x 26 In. (66 cm) Diameter
Heavy Duty Grooved Disc Roller
1 1402 QA7 Cutting Unit Only Counterweight 1
Other Charges
Freight 1
POWER TRIM CO INC 308-HPower Trim Edger
Hours: 0
Stock Number:

Suggested List
$ 1,400.00
Code Description Qty
308-HPower
Trim Ed ge
308-HPower Trim Edger 1
Quote ID :31578312Customer Name : CITY OF SANTA FE SPRINGS Product features, prices and specifications are based on published information at the time of publication and are subject to change without notice. All trademarked terms, including John Deere, the leaping deer symbol and the colors green and yellow used herein are the property of Deere & Company, unless otherwise noted. Products, product features, and other content on this site may only be accurate for products marketed and sold in North America.

Copyright © 1994- 2024 Deere & Company. All Rights Reserved. File Created: 27-Aug-2024 2024 JOHN DEERE 2653B PrecisionCut Mower (CITY DISCOUNT) Cutting
Fixed front roller for less-aggressive attitude at lower heights of cut Fixed front roller, notches,
and numbering system
To minimize possible damage to the grass plant at lower heights of cut, the QuickAdjust 7 (QA7) cutting unit features a fixed front roller. If a cutting unit becomes too aggressive, the reel is unable to properly present the grass to the bedknife. This results in an impact cut, similar to a rotary mower, rather than a precise scissor action.

A fixed-front roller creates a less-aggressive bedknife attitude at lower heights of cut by tucking the bedknife closer to the center point of the reel as the rear roller moves for lower heights of cut.

The front roller uses a notch system to lock both sides of the roller into place.

This notch system prevents the front roller from moving during lift and lower cycles, maintaining a more consistent height of cut while mowing. The notches also set the desired height of cut range. Numbers on the roller bracket correspond to height-of-cut ranges in the operator manual. Simply line up the number that represents the desired height of cut range with the arrow in the cutting unit casting, and tighten the roller bracket into position. All that is left is to then set the final height of cut by adjusting the rear roller.

Front roller parallel/eccentric adjustment
The fixed front roller also features a parallel adjustment on each end of the roller.

By using a gauge bar, the front roller can be perfectly squared to the bedknife. This ensures the front roller, rear roller, bedknife, and reel are all operating in the same plane, virtually eliminating any chances for step cutting and providing a consistent cutting height across the cutting unit.

An added benefit of the roller bracket design is the brackets are mounted to the front of the cutting-unit housing, so once the front roller is parallel, there is no need to reparallel the front roller when moving the roller to a different notch setting.

Cutting
Speed Link™ height-of-cut system adjusts both sides of rear roller at the same time The secret to the system is the connecting rod that ties the worm gear systems for each rear roller tower together. With the connecting rod in place, turning the height-ofcut adjuster on one side automatically turns the other side by the exact same amount.

This allows the operator to adjust the height of cut from one end of the rear roller, making adjustments quickly and with stunning precision.

Confidential
Quote ID :31578312Customer Name : CITY OF SANTA FE SPRINGS Speed Link system The Speed Link connecting rod is also spring loaded, so it can be easily removed should both towers need to be adjusted independently. Once the rear roller is parallel to the front roller when the cutting unit is initially set up, the Speed Link system takes over and moves each side of the roller by the same amount for a quick one-point height-of-cut adjustment.

Adjustment with cordless drill
The preferred way to adjust the cutting unit is with a variable-speed electric or air drill with a 16-mm socket attached.

Since the entire rear roller can be adjusted from either side of the cutting unit, this allows for adjusting the cutting unit with the most easily accessible height-of-cut adjuster. This takes the challenge out of adjusting the rear cutting units on fairway mowers, riding greens mowers, and trim mowers. A drill makes the adjustment even easier by quickly rotating the tower, making height-of-cut changes a breeze. And the connecting rod ensures the other side turns just as fast and just as accurate.

NOTE: Electric or pneumatic impact tools cannot be used to make the height-of-cut adjustment.

The ultimate in quick and accurate height-of-cut adjustments, the Speed Link height-of-cut adjustment system ties both sides of the rear roller together, allowing technicians to make height-of-cut adjustments simply by adjusting one end of the rear roller.

How does this innovative system accomplish a one-point height-of-cut adjustment? It all starts with the worm gear drives in the rear roller castings. The worm gear system rotates via hex bolts on the side of the rear roller castings, adjusting the rear roller up and down. Simply turn the gears by turning the hex adjuster on the side of the casting; each full turn represents an adjustment of 0.0254 mm (0.001 in.). A diagram on the side of the casting tells which direction to turn the hex bolts to raise or lower the cutting height.

Height-of-cut adjuster Adjustment with cordless drill
Cutting
Notch system for easy and precise reel-to-bedknife adjustments Confidential
Quote ID :31578312Customer Name : CITY OF SANTA FE SPRINGS Reel-to-bedknife adjusters
on top of cutting unit
The Quick-Adjust 7 (QA7) cutting units feature a quick and easy notch system to maintain proper clearance between the reel and bedknife. The adjustment is performed at each end of the cutting unit for maximum accuracy and precision from side to side. For easy access to the adjustment, the adjusters are located on the top of the cutting unit.

Close-up of reel-to-bedknife adjustment
All it takes to perform the adjustment is one 16-mm wrench or socket. As each adjuster tower is turned, each notch can be felt. Each notch represents a reel movement of

0.01 mm (0.0005 in.). This allows for a very fine-tuned adjustment that moves the reel with accuracy and precision. To move the reel closer to the bedknife, turn the adjuster counterclockwise. A clockwise turn moves the reel away from the bedknife.

Simply use the notch system to set the proper reel-to-bedknife clearance of 0.05 mm (0.002 in.), and it is ready to go. This system saves time without sacrificing a premium cut quality for all closely mowed turf areas. Adjustments are so quick and simple they can be performed effectively not only in the shop, but also on the golf course.

An added benefit to the reel-to-bedknife system is that the bedknife is fixed, meaning that when an adjustment is made, the height of cut does not have to be adjusted as a result.

Key Features
Powerful 3-cylinder diesel engine
Three-cylinder diesel engine
The 2653B PrecisionCut™ Trim and Surrounds Mower uses a 19.6 hp* (14.6 kW) gross (per SAEJ 1995 at 3000 rpm) liquid-cooled diesel engine for smooth, efficient, and quiet operation.

With the 3-cylinder diesel engine and a large 7.4-U.S. gal. (28.0-L) fuel tank, the 2653B PrecisionCut gives the operator plenty of power and fuel for a productive day of mowing.

This engine meets EPA Tier 2 and Tier 4 compliance standards. *Engine horsepower and torque information are provided by the engine manufacturer to be used for comparison purposes only. Actual operating horsepower and torque will be less. Refer to the engine manufacturer’s website for additional information.

Key Features
White box electronic control module provides
onboard electrical diagnostics as standard equipment
Confidential
Quote ID :31578312Customer Name : CITY OF SANTA FE SPRINGS This controller gives the technician on-board diagnostics as standard equipment, meaning there are no diagnostic tools or plug-ins to purchase separately. No tools are required to access the white box controller. Simply disengage the latch to open up the access panel. This allows the technician to troubleshoot electrical problems while sitting in the operator seat.

The controller has a heartbeat feature to aid the technician in diagnostics. When the LED light in the center of the controller is flashing at a regular rate, it indicates the controller is properly powered up and there are no circuit problems. Each switch or solenoid on the machine has its own LED light on the controller. Input and output functions can be diagnosed by observing the appropriate lights.

When the heartbeat LED light is flashing at an irregular rate, it indicates there is a system fault of some sort. The irregular flashing rate leads the technician to the circuit to start proper diagnostics. These codes can be found on the front of the access panel to the controller. Detailed information is located in the operator's manual and technical manual.

White box controller
Key Features
Full-time three-wheel drive (3WD) hydrostatic system directs oil flow to wheels with traction, reducing wheel slip in tough terrain Full-time 3WD system
The 2653B PrecisionCut™ Trim and Surrounds Mower features a full-time 3WD hydrostatic traction system that directs hydrostatic oil flow to wheels with traction in tough terrain. This means if an operator gets into a situation where one wheel begins to slip, the hydrostatic system supplies fluid to the other two wheels to provide traction power.

This system provides plenty of hill-climbing power without the need for any weighttransfer system. What's even more impressive is this system requires no extra valves for operation. This reduces hydraulic leak point opportunities while still providing ample climbing power.

By being a full-time 3WD system, the unit is always in three-wheel drive, even in transport. The system is powered by the same hydrostatic pump used on the 2500B PrecisionCut Riding Greens Mower for optimum hill-climbing performance.

Operator station and controls
Dual-pedal traction system for comfortable and easy forward and reverse operation Confidential
Quote ID :31578312Customer Name : CITY OF SANTA FE SPRINGS Dual-pedal for forward and reverse
A dual-pedal traction drive system enables easy selection of forward and reverse.

The forward pedal is on the left; the reverse pedal is located to the right of the forward pedal. The dual-pedal design provides comfortable and easy operation for a complete day of mowing.

When the power take-off (PTO) lever is engaged, it also engages a stop for the forward pedal. This stop sets the forward mowing speed. The stop is adjustable, allowing the technician to set a higher or lower travel speed to meet the needs of the golf course.

Tools are required to adjust the forward mowing speed, putting the superintendent and technician in ultimate control of the machine's cut quality, not the operator.

Hydraulics
Efficient reel motors and reel motor hydraulic line routing Reel motors
The cutting unit motors have efficient load plates, seals, and in-line hydraulic ports, resulting in better oil flow within the motor. The hydraulic reel motors on the 2653B PrecisionCut™ are designed to provide consistent reel speed for the best quality of cut on the fine turf of tees and surrounds. The reel motors allow the 2653B PrecisionCut to handle the tough demands of the rough as well as making it a very versatile machine for the fleet.

The reel drive system hose routing complements the efficiency of the reel motors themselves. The reel motor hoses are routed so that, in mow, the hydraulic oil flow goes to the left-front cutting unit, then to the right-front cutting unit, then to the rear cutting unit. This efficient routing is common with the 2500B PrecisionCut Riding Greens Mowers.

Hydraulics
Standard on-board backlapping valve senses pressure and compensates with flow Backlap valve
The micro-backlapping valve is standard equipment for those who prefer to backlap the cutting units on the machine to maintain a sharp edge on the reel and bedknife.

A regular schedule of backlapping provides sharp edges longer for a better quality of cut and extends time between grindings. This results in longer life of the reel and bedknife due to less material being removed than from spin grinding. A ground reel and bedknife should always be backlapped after grinding anyway to match the reel to the bedknife.

The backlapping circuit is easily engaged by pulling up on the yellow knob to reverse directional flow, spinning the reels backward for backlapping. A safety interlock circuit allows backlapping with the parking brake engaged and no one in the seat.

The backlapping valve is a pressure-sensing flow-compensating valve. As backlapping compound is applied, this creates a restriction between the reel to bedknife, and this restriction tries to slow the reel down. However, the pressuredifferential valve senses the added pressure and automatically compensates with flow. This works at any reel speed other than full speed.

This feature also works in the mow position, which is critically important when mowing at higher heights of cut when reels must be slowed down to prevent fanning of Confidential
Quote ID :31578312Customer Name : CITY OF SANTA FE SPRINGS the grass. When the cutting unit encounters lusher and denser turf, the reel would naturally want to slow down, but the backlap valve compensates with additional flow.

The backlapping valve offers reel speed control with a rotary dial. The reel speed can be controlled in both mow and backlap. Setting six is for full flow, while setting one is used for backlapping.

The backlapping valve on the 2653B PrecisionCut™ is the same as those used on the PrecisionCut Fairway and 2500B PrecisionCut Riding Greens Mowers.

Hydraulics
Standard hydraulic oil cooler with no-tool cleanout feature Standard oil cooler
The 2653B PrecisionCut™ is equipped with an oil cooler as standard equipment to help keep the hydraulic system cool and working efficiently.

The area around the oil cooler is sealed to protect it from grass and other debris building up between the radiator and oil cooler. However, any debris collected in the area can be removed by simply loosening the wing nuts located at the top of the oil cooler and tilting it back from the radiator.

By using wing nuts to secure the oil cooler in place, no tools are required to tilt the oil cooler back for service. The debris can then be blown out with compressed air during daily cleaning operation.

Confidential
082923-DAC
Rev. 3/2022 1
Solicitation Number: RFP #082923

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Deere & Company, 2000 John Deere Run, Cary, NC 27513 (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 Ag Tractors with Related Attachments, Accessories, and Supplies 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.

EXPIRATION DATE AND EXTENSION. This Contract expires October 11, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.

B. 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

ATTACHMENT B
082923-DAC
Rev. 3/2022 2
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.

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. 082923-DAC
Rev. 3/2022 3
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.

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 taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt 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;
082923-DAC
Rev. 3/2022 4
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 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 Change 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 governmentowned 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 082923-DAC
Rev. 3/2022 5
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 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 ecommerce 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
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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;
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 082923-DAC
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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 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.
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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.

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.
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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 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.
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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.

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. 082923-DAC
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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:

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 082923-DAC
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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

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 082923-DAC
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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the 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
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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 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 nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 082923-DAC
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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. 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. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

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 082923-DAC
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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.

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 082923-DAC
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guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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. 082923-DAC
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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.

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 Deere & Company
By: __________________________ By: __________________________ Jeremy Schwartz Andrew Roman
Title: Chief Procurement Officer Title: Contract Administrator Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
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 - 2023 RFP # 082923 Price Schedule & Price Pages.pdf - Friday August 25, 2023 16:12:10 Financial Strength and Stability - 2022-John-Deere-Annual-Report.pdf - Thursday August 10, 2023 09:08:48 Marketing Plan/Samples - Marketing Literature Samples.pdf - Wednesday August 16, 2023 11:03:54 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Warranty Statement - Ag & Turf.pdf - Wednesday August 16, 2023 11:03:41 Standard Transaction Document Samples - Sample Quote & Dealer Agreement.pdf - Wednesday August 23, 2023 18:54:15 Requested Exceptions - RFP_082923_Ag_Tractors_Contract_Template_Requested Exceptions.pdf - Wednesday August 23, 2023 18:54:34
Upload Additional Document - Supplement Info - Product Liability.pdf - Wednesday August 23, 2023 18:56:38 Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company
Bid Number: RFP 082923 Vendor Name: Deere & Company