Hemet City Council
September 10, 2024

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notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.

ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing
Price Increases
Contractors may request a price increase for items priced as Base Bid items and Published Options after twelve (12) months from the bid opening date of the bid received by H-GAC. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of the previous bid price.

Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges, or other economic factors.

Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g. ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes. For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document. The request must include the new catalog or price sheet.

All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during the course of any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.

Requesting Price Increase/Required Documentation
Contractor must submit a written notification at least thirty (30) calendar days prior to the requested effective date of the change, setting the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must include H-GAC Forms D Offered Item Pricing and E Options Pricing, or the documentation used to submit pricing in the original Response and be supported with substantive documentation (e.g. manufacturer's price increase notices, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid. The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to the Bids and Specifications manager, William Burton, at [email protected]
Review/Approval of Requests
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If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.

ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.

Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor.

The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage.

Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.

ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.

ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.

ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.

Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.

ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.

Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.

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ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.

H-GAC will not pay for any expenses incurred after the termination date of the contract.

A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.

The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.

B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period often (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.

ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.

ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed.

Determination of force majeure shall rest solely with H-GAC.

ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.

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A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member. The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.

B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.

ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 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 Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.

Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the mandatory standards and policies relating to energy efficiency which are DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163).

ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.

ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.

The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.

The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.

The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.

ARTICLE 37: INDEMNIFICATION AND RECOVERY
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H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.

ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.

ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.

ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.

ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent 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: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 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; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.

ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.

These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.

ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.

For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.

ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.

ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.

ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.

ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.

ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.

ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.

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SIGNATURES:

H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:

L3Harris Technologies, Inc.

Signature $docusign:SignHere::Customer1
Name Harriet Jefferson

Title Lead, Contracts
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSi
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H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - L3Harris Technologies, Inc. - Public Services - ID: 7309

MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.

Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:

ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.

ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER may choose to enter into an End User Master Agreement (“EUA) with the Contractor through this Master Agreement, and that the term of the EUA may exceed the term of the current H-GAC Master Agreement. H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC.

Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration. Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with END USERS. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.

ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the END USER.

EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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proposer or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.

ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.

Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.

Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.

ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify HGAC of such disputes.

ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to END USERS based on the pricing and terms of this Master Agreement. HGAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC.

Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.

ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the END USER at the time an END USER purchase order is placed, to determine terms for any liquidated damages.

ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.

ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the END USER. Contractor shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER's purchase order.

ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the Customer.

ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.

ARTICLE 11: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery.

Such accessories shall be assembled, installed and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any Customer. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.

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f. Be available for inspection at any time prior to or after procurement.

ARTICLE 12: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.

ARTICLE 13: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering Customer, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.

ARTICLE 14: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. Customer Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 15: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the Customer.

ARTICLE 16: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL

CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:

1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and

2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.

ARTICLE 17: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 18: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.

ARTICLE 19: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by Customers for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by Customer regarding such programs.

In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC Customers may decide not to purchase from Contractor. Additionally, H-GAC Customers may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.

ARTICLE 20: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by Customer for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable.

Contractor agrees to provide all certifications required by Customer regarding such programs. With respect to products purchased by Customer for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R. Sections 661.6 or 661.12, to the extent applicable.

Contractor agrees to provide all certifications required by Customer regarding such programs.

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ARTICLE 21: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a Customer using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The Customer must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award.

If Contractor intends to qualify for Purchase Orders using federal grant money, the it shall work with the Customer to provide all required certifications and other documentation needed to show compliance.

ARTICLE 22: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

ARTICLE 23: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and Customer Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.

ARTICLE 24: CLEAN AIR AND WATER POLLUTION CONTROL ACT
Customer Purchase Orders using federal funds must contain a provision that requires the Contractor 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).

Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of 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) and will remain in compliance during the term of the Contract.

ARTICLE 25: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.

ARTICLE 26: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of $100,000 that involve the employment of mechanics or laborers must DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 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.

ARTICLE 27: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds in excess of $150,000, a Customer may be required to negotiate profit as a separate element of the price. See, 2 CFR 200.323(b). Contractor agrees to provide information and negotiate with the Customer regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor to Customer will not exceed the awarded pricing, including any applicable discount, under any awarded contract.

ARTICLE 28: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not 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. Each tier must also 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 Customer. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352).Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:

1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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ARTICLE 29: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,

SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

ARTICLE 30: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with 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 (Pub. L. 94-163, 89 Stat. 871).

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Line Item
Reference
Number
Product
Code
Product Summary
(detailing the items, equipment and/or services
being offered for the specific product code)
Manufacturer Vendor Item Description Bid Price
1 GA Bid Cost L3Harris Various Equipment listed in the catalog with product code BC. List Price 2 GA Combination Model L3Harris Various Equipment listed in the catalog with product code C.. MSRP 26% Discount 3 GA Software Services L3Harris Various Software listed in the catalog with product code L. List Price 4 GA License with Delivery L3Harris Various Licenses listed in the catalog with product code LD. List Price 5 GA Options L3Harris Various Equipment listed in the catalog with product code N. MSRP 26% Discount 6 GA Feature Options L3Harris Various Features listed in the catalog with product code NB. MSRP 26% Discount 7 GA Parts L3Harris Various Equipment listed in the catalog with product code P. MSRP 26% Discount 8 GA Service Parts L3Harris Various Equipment listed in the catalog with product code S. MSRP 26% Discount 9 GA Vendor Option L3Harris Various Equipment listed in the catalog with product code V. MSRP 10% Discount 10 GA Vendor Customizes to L3Harris Specifications L3Harris Various Equipment listed in the catalog with product code VC. MSRP 10% Discount 11 GA Special Products L3Harris Various Equipment listed in the catalog with product code 77. MSRP 10% Discount Attachment A
L3Harris Technologies, Inc.

Each catalog listing is identified with an Equipment Class Code where applicable. The code can be found in the above Item Description field. The discount officered in RA05‐21 is based on the Equipment Class Code. The above list of Equipment Class Codes and associated discount off the published list price applies throughout the catalog. The 2021 Product Catalog has been provided in excel format.

Radio Communications/Emergency Response Equipment
Contract No.: RA05-21
All Catalogs effective date: August 1, 2021
DocuSign Envelope ID: BC0B918A-9352-4A4B-BC7D-8F838E103245

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Glen Brock, Police Captain;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the Second Amendment to an Agreement for Services Between the City of Hemet and Flying Lion, Inc. Increasing the Not to Exceed Amount to $125,000 per City Fiscal Year, for Remote Pilot in Control and Consultation Services in Support of the Hemet Police Department Drone as a First Responder Program.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to execute the Second Amendment to an Agreement for Services between the City of Hemet and Flying Lion, Inc. increasing the not to exceed amount to $125,000 per City Fiscal Year, for Remote Pilot in Control and Consultation Services in support of the Hemet Police Department Drone as a First Responder Program.

BACKGROUND:

The Hemet Police Department has been operating a drone program since 2017. Initially, these small, remotely controlled unmanned aircraft were used to support pre-planned tactical missions. They provided live video streams to the involved personnel, enhancing situational awareness. Drones were effective in increasing safety for citizens and public safety officials, as well as assisting on-scene supervision in managing critical incidents with high liability risks.

As technology improved, Hemet Police Department staff began exploring how this emerging technology could be used to provide better service to Hemet's residents, businesses, and visitors.

This led to the decision to equip on-duty patrol officers with police drones that could be deployed at a moment's notice to support any police operation. These patrol drones are still in use today and assist with various police functions, such as searching buildings, rooftops, and large open areas for individuals involved in criminal activity, searching for missing people, and supporting officers involved in foot pursuits. These drones proved to be a fast and efficient way to clear large areas.

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Equipped with high-quality cameras, including thermal imaging, flood lights, and speakers, the police drones were effective in helping police employees handle service calls quickly. This saved staff time and allowed officers and professional staff to move on to other tasks promptly.

Recognizing the potential of drone programs, the Hemet Police Department worked with Flying Lion, Inc. to launch the first Drone as a First Responder (DFR) program in Riverside County. Unlike deploying drones from the trunk of a police vehicle, a DFR program is designed to respond to service calls from a fixed location. This DFR program was publicly advertised and officially launched on April 17, 2023.

Since deploying the Drone as a First Responder program, the drone has responded to over 1,600 calls for service with a total flight time in excess of 740 hours. The assistance provided by the drone during these flights has led to suspect surrenders, locating evidence, reduced response times, and served to provide invaluable information to officers and first-line supervisors that help to reduce liability.

DISCUSSION:

The Hemet Police Department operates the Drone as a First Responder (DFR) program with the authorization of the Federal Aviation Administration (FAA). The FAA has granted a Certificate of Authorization (COA) to the Hemet Police Department, allowing them to use drones for public safety purposes. The COA includes rules for drone operation, including a waiver permitting the department to operate drones up to two miles beyond visual line of sight (BVLOS), a privilege shared by fewer than 100 law enforcement agencies in the United States.

All Hemet Police drones are operated by police officers from within the Police Department. Under the BVLOS waiver, the FAA requires that a remote pilot in control (RPIC) be present to monitor any drone flights extending beyond the pilot's line of sight. This RPIC is responsible for monitoring the airspace around the drone's flight path, alerting the pilot of potential hazards, and taking control of the drone in case of an emergency. During FY 23/24, the RPIC position was filled through a contract with Flying Lion, Inc., a company with licensed FAA Part 107 pilots specialized in drone technology.

The contracted RPIC services are priced at $57.60 per hour for daytime operations and $67.91 per hour for nighttime operations. The total RPIC costs for Fiscal Year (FY) 2024/25 are estimated to be approximately $114,000. The Hemet Police Department has agreed to ensure that no Flying Lion, Inc. contracted employee works beyond their scheduled hours or on holidays, in order to avoid additional costs.

In addition to staffing the RPIC position, Flying Lion, Inc. has assisted the Hemet Police Department with the Federal permitting process and has been instrumental in developing the DFR program. It's anticipated that the department will continue to require consulting services through Flying Lion, Inc. in the coming year. These consulting services are $275 per hour, with $11,000 (40 hours) reserved for these services in FY 2024/25.

The contract with Flying Lion, Inc. for FY 2024/25 will enable the Hemet Police Department to carry on DFR operations from one location, providing an RPIC for 40 hours a week and offering consulting services and equipment rentals as needed. In the meantime, the department will assess the potential cost savings of using current city staff as RPICs in FY 2025/26. However, given the expertise needed to comply with FAA regulations, it has been determined that extending the current contract with Flying

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Lion is more cost-effective at this time. The department will continue to monitor technological advancements and changes in FAA rules to determine if any cost savings can be achieved in the future.

PREVIOUS COUNCIL ACTION:

Council approved the initial Flying Lion, Inc. contract on July 11th, 2023.

On June 24, 2024, the Hemet City Council approved the annual budget for FY 2024/25. The police department included funding for this program within their budget, including the proposed $125,000 agreement with Flying Lion, Inc
STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

Flying Lion, Inc. Contract 110-3013-2710 $125,000
Flying Lion, Inc. services are requested under the Sole Source provision of Hemet Municipal Code 2- 331(3) (see attached Sole Source justification letter).

ATTACHMENT(S):

Attachment 1 Flying Lion Inc Resolution
Complete_with_Docusign_Flying_Lion_-_Drone_F (1)
6-25-2024 - Flying Lion - Hemet Sole Source Justification Flying Lion - Drone First Responder - Second Amendment - 2024

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE SECOND AMENDMENT

TO AN AGREEMENT FOR SERVICES BETWEEN THE
CITY OF HEMET AND FLYING LION, INC. INCREASING
THE NOT TO EXCEED AMOUNT TO $205,000 FOR

REMOTE PILOT IN CONTROL AND CONSULTATION

SERVICES IN SUPPORT OF THE HEMET POLICE

DEPARTMENT DRONE AS A FIRST RESPONDER
PROGRAM.

The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Hemet Police Department operates a Drone as a First Responder (DFR) program with the authorization of the Federal Aviation Administration (FAA) who has granted a Certificate of Authorization (COA) to the Hemet Police Department, allowing them to use drones for public safety purposes.; and WHEREAS, the COA includes rules for drone operation, including a waiver permitting the department to operate drones up to two miles beyond visual line of sight (BVLOS), a privilege shared by fewer than 100 law enforcement agencies in the United States; and
WHEREAS, Under the BVLOS waiver, the FAA requires that a remote pilot in control (RPIC) be present to monitor any drone flights extending beyond the pilot's line of sight who is responsible for monitoring the airspace around the drone's flight path,

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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alerting the pilot of potential hazards, and taking control of the drone in case of an emergency; and
WHEREAS, During FY 23/24, the RPIC position was filled through a contract with Flying Lion, Inc., a company with licensed FAA Part 107 pilots specialized in drone technology; and
WHEREAS, Flying Lion, LLC. provides RPIC services at a contracted price of $57.60 per hour for daytime operations and $67.91 per hour for nighttime operations; and
WHEREAS, In addition to staffing the RPIC position, Flying Lion, Inc. provides consulting services at $275.00 an hour which has assisted the Hemet Police Department with the Federal permitting process, required FAA monthly reporting, and has been instrumental in developing the DFR program policy, procedure, and practices; and
WHEREAS, Hemet Police Department staff has determined that the continued use of Flying Lion, Inc. to staff the Remote Pilot in Control position required by the Federal Aviation Administration and provide consulting services is the most costeffective method to receive these services; and WHEREAS, City Council approved $125,000 for the original Flying Lion, Inc. contract in the FY 23/24 budget, with only $80,000 actually expended during that period.

Staff is requesting that the $125,000 allocated in the FY 24/25 budget be used to extend the services contract with Flying Lion, Inc. The $125,000 included in this year’s budget, combined with the $80,000 spent during the prior fiscal year brings the not to exceed total to $205,000.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. FINDS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. DETERMINES - Approves the Agreement for Services between the City of Hemet and Flying Lion, Inc.

SECTION 3. ORDERS - Authorizes the City Manager to execute all documents related to the Agreement.

SECTION 4. RESOLVES - This Resolution shall become effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 10th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of September, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

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00091753.1

FIRST AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
FLYING LION, INC.

A CALIFORNIA CORPORATION
DATED: JULY 1, 2024
DocuSign Envelope ID: 242294EF-4E9F-4FBE-8A1B-1B497555C020

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00091753.1 Page | 1

FIRST AMENDMENT TO AGREEMENT
This First Amendment to the Agreement for Services for Drone First Responder Services is made and entered into as of this 1st day of July, 2024, by and between the City of Hemet (“City”), a California municipal corporation and Flying Lion, Inc., a California corporation (“Consultant”).

City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Agreement for Services” dated May 30, 2023 (“Agreement”) for the purpose of retaining the Consultant to provide Drone First Responder Services.

B. Pursuant to Section 28 of the Agreement, the Parties desire to amend the Agreement to extend the term and revise the rate schedule.

C. Section 1 of the Agreement provides that the Term of the Agreement is through June 30, 2024.

D. This First Amendment amends Section 1 of the Agreement to provide that the Term of the Agreement is extended through June 30, 2025.

E. Exhibit “B” of the Agreement is hereby deleted in its entirety and replaced with Exhibit “B-1”, attached hereto and incorporated herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [TERM OF AGREEMENT]. Section 1 of the Agreement is hereby amended as follows:

Subject to the provisions of Section 20 “Termination of Agreement,” the Term of this Agreement is from the Effective Date through June 30, 2025.

1.2 [COMPENSATION]. Exhibit “B” of the Agreement is hereby replaced with Exhibit “B-1”, attached hereto and incorporated herein.

DocuSign Envelope ID: 242294EF-4E9F-4FBE-8A1B-1B497555C020

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00091753.1 Page | 2

2. MANDATORY INVOICE INFORMATION/NOTICES.

Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

3. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

4. INTEGRATION. This Amendment consists of pages 1 through 4, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

5. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.

7. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: 242294EF-4E9F-4FBE-8A1B-1B497555C020

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00091753.1 Page | 3
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

DocuSign Envelope ID: 242294EF-4E9F-4FBE-8A1B-1B497555C020 President

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00091753.1 Page | 4
EXHIBIT “B-1”

COMPENSATION
DocuSign Envelope ID: 242294EF-4E9F-4FBE-8A1B-1B497555C020

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2110 Artesia Blvd. Suite 234, Redondo Beach, CA 90278 Tel: 310-722-1550 www.flyinglioninc.com June 25, 2024
Hemet Police Department
450 E Latham Ave.

Hemet, CA 92543
To whom it may concern:

Considered an industry expert, Flying Lion is exclusively retained by all Drone as First Responder (DRF) software providers as a system integrator to provide Consulting, Training, Equipment Leasing, and Staffing regarding Public Safety drone use.

Additionally, Flying Lion is the only company that provides specialized DFR training, Remote Pilots in Command (RPICs) and Remote Operators staffing services for DFR operations.

To validate that expertise, from April 2020 through May 6, 2023, Flying Lion has conducted the following number of Drone as First Responder (DFR) operations:

Total DFR Flights BVLOS Flights DFR Flight Hours
41,666 25,131 12,101 hours
Please let me know if there is any additional information that might be helpful.

Thank you,
Steven Katz
[email protected]
Tel: 310-702-8147

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00091753.1

SECOND AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
FLYING LION, INC.

A CALIFORNIA CORPORATION
DATED: SEPTEMBER 11, 2024

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00091753.1 Page | 1

SECOND AMENDMENT TO AGREEMENT
This Second Amendment to the Agreement for Services for Drone First Responder Services is made and entered into as of this 11th day of August, 2024, by and between the City of Hemet (“City”), a California municipal corporation and Flying Lion, Inc., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Agreement for Services” dated May 30, 2023 (“Agreement”) for the purpose of retaining the Consultant to provide Drone First Responder Services.

B. Section 1 of the Agreement provides that the Term of the Agreement is through June 30, 2024.

C. On July 1, 2024, the Second Amendment amended Section 1 of the Agreement to provide that the Term of the Agreement is extended through June 30, 2025.

D. On July 1, 2024, Exhibit “B” of the Agreement was hereby deleted in its entirety and replaced with Exhibit “B-1”.

E. Pursuant to Section 28 of the Agreement, the Parties desire to amend the Agreement to extend the term and revise the rate schedule.

F. Section 4(a) of the Agreement provides that the Compensation shall not exceed One Hundred and Twenty-Five Thousand Dollars ($125,000.00)
G. This Second Amendment amends section 4(a) of the Agreement to provide that the Compensation shall not exceed One Hundred and Twenty-Five Thousand Dollars ($125,000.00) per City fiscal year.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [TERM OF AGREEMENT]. Section 4(a) of the Agreement is hereby amended as increase the Not to Exceed amount to One Hundred and Twenty-Five Thousand Dollars ($125,000.00) per City fiscal year.

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00091753.1 Page | 2

2. MANDATORY INVOICE INFORMATION/NOTICES.

Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

3. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

4. INTEGRATION. This Amendment consists of pages 1 through 4, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

5. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.

7. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]

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00091753.1 Page | 3
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Kurt Mikolaycik, Noah Rau, Public Works Director/City Engineer; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Public Works Agreement Between the City of Hemet and the Commercial Door Company Inc. to Replace the Roll Up Doors and Related Components at Fire Station 1 in the Amount of $275,000 and Authorizing the City Manager to Approve all Documents Related to the Agreement RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Public Works Agreement Between the City of Hemet and the Commercial Door Company Inc. to Replace the RollUp Doors and Related Components at Fire Station 1 in the Amount of $275,000 and Authorizing the City Manager to Approve all Documents Related to the Agreement.

BACKGROUND:

The Public Works Department is responsible for the maintenance of the City of Hemet facilities, including the Fire Stations. Fire Station 1 currently needs upgrades and replacements of certain existing facilities.

On March 26, 2024, the City Council of the City of Hemet approved a funding agreement with the County of Riverside for American Rescue Plan Act (ARPA) funds to facilitate many of these improvements. The project was added to the capital improvement program (CIP) as CIP 2409 with a total budget of $650,000. The replacement of the roll-up doors is one of the main improvements in this overall project.

ANALYSIS:

On July 3, 2024, Procurement posted the Request for Bids on the City of Hemet PlanetBids page where 201 vendors were notified and interested bidders could obtain the complete request for bids.

On July 6, 2024, the Notice Inviting Bids was advertised in the Press Enterprise.

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On August 1, 2024, the Procurement Administrator received two bids, as shown below:

Bidder Total Bid Amount
Commercial Door Company, Inc. $275,000
National Garage Door Co $286,478
Formal bidding procedures were followed in conformance with the Public Contracts Code. After reviewing the bids, staff determined that Commercial Door Company Inc. is the verified lowest responsive and responsible bidder.

DISCUSSION:

This project involves removing all six overhead panel bay doors, operators, and components to replace them with six new overhead roll-up doors, operators, and all safety components. These doors will operate faster and smoother than the current system providing better service for the City of Hemet Fire Dept engines to exit the Fire Station.

Staff recommends that the City Council award an agreement to Commercial Door Company, Inc. in an amount not to exceed $275,000 for the installation of six new roll-up doors at Fire Station 1.

PREVIOUS COUNCIL ACTION:

On March 26, 2024, the City Council of the City of Hemet approved the funding agreement between the County of Riverside and the City of Hemet to accept the County of Riverside American Rescue Plan Act (ARPA) Fiscal Recovery Funds to complete the proposed two infrastructure projects.

On August 13, 2024, the City Council approved the annual update to the City's 5-year Capital Improvement Program (CIP), and this project is included in CIP 2409.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 3: Increase Public Safety visibility and response.

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 3: Increase the community's pride within the City.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

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There is no General Fund impact. The proposed award is a portion of CIP 2409 that is completely funded through an agreement with Riverside County with ARPA funds.

ALTERNATIVE(S):

1. Do not approve the proposed Funding Agreement

2. Provide alternative direction to the City Manager
ATTACHMENT(S):

Attachment 1 - Resolution
Attachment 2 - Bid Summary
Attachment 3 - Bids Received
Attachment 4 - Agreement with Commercial Door

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE PUBLIC

WORKS AGREEMENT BETWEEN THE CITY OF HEMET
AND THE COMMERCIAL DOOR COMPANY INC. TO

REPLACE THE ROLL-UP DOORS AND RELATED
COMPONENTS AT FIRE STATION 1 IN THE AMOUNT OF
$275,000 AND AUTHORIZING THE CITY MANAGER TO

APPROVE ALL DOCUMENTS RELATED TO THE

AGREEMENT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS the Public Works Department is responsible for the maintenance of the City of Hemet facilities, including the Fire Stations; and WHEREAS, Fire Station 1 currently needs upgrades and replacements of certain existing facilities including the roll-up doors and related components; and WHEREAS, on March 26, 2024, the City Council of the City of Hemet approved a funding agreement with the County of Riverside for American Rescue Plan Act (ARPA) funds to facilitate many of these improvements; and
WHEREAS, the project was added to the capital improvement program (CIP) as CIP 2409 with a total budget of $650,000 with the roll-up doors and associated components as one major part of the overall project; and WHEREAS, an Invitation for Bid was posted on July 3, 2024, notifying 201 potential vendors on Planet Bids, and on July 6, 2024, the notice inviting bids was advertised in the Press Enterprise.; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, on August 1, 2024, the Procurement Administrator received two bids; and
WHEREAS, City staff determined that Commercial Door Company, Inc. was the lowest responsive and responsible bidder offering the best overall value to the City to replace roll-up doors and associated components at Fire Station 1; and WHEREAS, City staff recommends the City Council award an agreement to Commercial Door Company Inc. in the amount of $275,000 and authorize the City Manager to execute all documents related to the agreement; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. The above recitals are all true and correct.

SECTION 2. Approves the agreement with Commercial Door Company, Inc. to replace six roll up doors and related components at Hemet Fire Station 1.

SECTION 3. Authorizes the City Manager to execute all documents related to this agreement.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective upon adoption of this resolution.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 10th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of September, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

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City of Hemet
Bid Results for Project Fire Station 1 Roll-Up Doors - CIP 2409 Issued on 07/03/2024
Bid Due on August 01, 2024 3:00 PM (PDT)
Exported on 08/01/2024
Line Totals (Unit Price * Quantity)
Item Num UOM QTY Unit Price Line Total Unit Price Line Total 1 LS 1 $275,000.00 $275,000.00 $286,478.00 $286,478.00
Subtotal $275,000.00 $286,478.00
Total $275,000.00 $286,478.00
Commercial Door Company, Inc. - Unit Price National Garage Door Co - Unit Price

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CIT OF HEMET
I I N Bl
Question Deadline:

Mandatory Pre-Bid Meeting:

Bid DelivemMet
Y

NVTATO FOR D
FIRE STATION 1 ROLL-UP DOORS — C P 2409
Date of Issue:

July 3, 2024
July 19, 2024 by 3:00pm
July 16, 2024 at 10:00am
Bid Due Date:

July 25, 2024 by 3:00pm
hod & Location:

Sealed written responses delivered to City of Hemet 445 E. Florida Ave. Hemet CA 92543, Attn: Candace Sunds
Responses must be received no later than the date, time and location indicated above for the receipt of bids. Late submission of responses shall not be considered. Submittal of response by fax is not acceptable. Note: This bid does not constitute an order for the services specified.

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TABLE OF CONTENTS
I. BRIEF OVERVIEW...............

II. GENERAL INSTRUCTIONS
III.SCOPE OF WORK .............

IV. BIDDER REQUIREMENTS
V. BID DOCUMENTSREQUIRED ........
i. BID COVER SHEET .......................
ii. BID SHEET ....................................
iii.REFERENCE SUBMITTAL FORM
iv. LOCAL VENDOR PREFERENCE.
v. BID SECURITY FORM FOR CHECK .. vi. BID SECURITY FORM FOR BOND....

VI. ATTACHMENT “A” ............................... VII. ATTACHMENT “B” .............................. oowoa
oumw
..10
..11
..12
..13
..14
..15

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CITY OF HEMET

INVITATIONFOR BID
FIRE STATION 1 ROLL-UP DOORS — CIP 2409
I. BRIEF OVERVIEW
The City of Hemet is seeking a qualified Contractor to provide all necessary labor, equipment, tools, and materials to perform the removal of 6 existing sectional doors, operators, and a turnkey install of 6 new metal roll-up doors, operators, all safety equipment needed, and allsecondary equipment needed for full operation at Fire Station 1 located at 220 N Juanita St within Hemet’s city limits, in accordance with the included bid specifications.

II. GENERAL INSTRUCTIONS

1. To be considered a responsive bid, Bidder must comply with all instructions and specifications as outlined in this Invitation for Bid (IFB). Bid response will be binding and firm.

2. It is the Bidder’s responsibility to examine and fully familiarize themselves with the specifications and the nature of the work required. The Bidder shall have no claim against the City based upon ignorance of the project’s requirements, site conditions, specifications, and/or Agreement provisions (Sample Agreement — Attachment A).

3. By submitting a bid, each Bidder expressly agrees to and accepts the following conditions:
a. The City’s specifications will become part of the agreement between the selected Bidder and the City of Hemet;
b. The City reserves the right to request further information from the Bidder, either in writing or orally, to establish any stated qualifications;

0. The City reserves the right to solely judge the Bidder’s representations and to determine whether the Bidder is qualified to undertake the project pursuant to the criteria set forth herein. The Bidder, by submitting a bid, expressly acknowledges and agrees that the judgment of the City as to whether the Bidder is qualified to perform the project, shall be final, binding and conclusive; d. This bidding process does not commit the City to award any Agreement, and the City is not liable for any costs incurred by the Bidder in the preparation and submission of a bid;

4. False, incomplete, or unresponsive statements in connection with the bid may be suf?cient cause for rejection of a bid.

5. The City reserves the right to change any part of these instructions to Bidders and specifications any time prior to the bid opening date and time. Any changes shall be communicated and recorded in the form of addenda via notification and wil become part of l the bid documents and subsequent Agreement. A Bidder’s failure to address the requirements of the addenda may result in rejection of their bid. If the City PlanetBids

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determines that a time extension is required for the bid, the addenda willindicate the new submission date and time.
. All bids accepted by the City shall become the exclusive property of the City. Upon opening, all bids accepted by the City shall become a matter of public record and shall be regarded as public and any blanket statement (i.e., regarding the entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If disclosure is required under California Public Records Act or othewvise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

Allrecords, documents, drawings, plans, specifications and other materials submitted by an applicant in its proposal, and during the course of any work awarded, shall become the exclusive property of the City of Hemet, and may be subject to release as a public record pursuant to the provisions of the California Public Records Act (Government Code section 6250 et seq.) The City of Hemet’s use and disclosure of its records are governed by this Act.

The City of Hemet will accept information clearly labeled “TRADE SECRET,” “CONFIDENTIAL,” or "PROPRIETARTY" as determined by the submitting party in accordance with the Act. However, under no circumstances, will the City of Hemet be responsible or liable to the applicant or any other party for the disclosure of any such labeled information.

The City of Hemet will not advise as to the nature or content of documents that may be entitled to protection from disclosure under the California Public Records Act, including interpretations of the Act or the definitions of ”Trade Secret,” “Confidential,” or “Proprietary.”
If litigation is brought under the California Public Records Act concerning documents submitted in response to this IFB,the appropriate parties shall indemnify, defend, and hold harmless the City of Hemet from all costs and expenses, including reasonable attorney fees, in such litigation.”
The Agreement shall be awarded to the lowest responsive and responsible Bidder. In determining whether a Bidder is responsible and responsive, the following will be considered:

Responsive
a. All documents requested within this IFB have been completed and submitted before due date/time.

Responsible:
b. Bidders ability, capacity, and skill
c. Bidder’s facilities and resources
d. Bidder’s character and reputation
e. Bidder’s record of performance with the City

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8-A Section of the Bid P e.

8. 10.

11. 12.

13. 14.

15. f. Bidder’s compliance with laws, regulations, guidelines, and orders governing prior contracts performed by the Bidder.

Bidders shall not be allowed to take advantage of any errors or omissions in these instructions to Bidders or specifications. Revised instructions willbe provided, ifsuch error or omission is discovered and brought to the attention of the City.

Pricing shall include all federal, state, local and other taxes All general or bidding inquiries shall be directed to the Questions willnot be answered verbally or in an email.

Bid responses shall be delivered in a sealed envelope to:

Candace Sunds — Procurement Administrator
City of Hemet — Purchasing Division
445 E. Florida Avenue
Hemet, California 92543
Costs for developing bids are entirely the responsibility of the Bidder and shall not be chargeable to the City of Hemet.

If a Bidder takes exception to any part of these specifications as written, or as amended by any addenda subsequently issued, or the Agreement, they must do so in writing. Said exceptions must be submitted with the bid. Failure to do so will be construed as acceptance of all items of the specification and the Agreement.

City of Hemet may reject any or all bids and may waive any immaterial deviation in a bid.

City of Hemet's waiver of an immaterial defect shall in no way modify the IFB documents excuse the Bidder from full compliance with the specifications if he/she is awarded the Agreement. Bids referring to terms and conditions other than City of Hemet’s terms and conditions may be rejected as being non-responsive.

City of Hemet may make investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to City of Hemet all such information and data for this purpose as requested by City of Hemet. City of Hemet reserves the right to reject any bid ifthe evidence submitted by, or investigation of, such Bidder fails to satisfy City of Hemet that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the work specified.

The Agreement shall be signed by the Contractor and returned, along with the required attachments to the City of Hemet within ten (10) calendar days. The period for execution may be changed by mutual agreement of the parties. Agreements are not effective until approved by the appropriate City of Hemet officials. Any work performed prior to receipt of a fully executed Agreement shall be at Contractor's own risk.

Failure to execute the agreement within the time frame identified above shall be sufficient cause for voiding the award. Failure to comply with other requirements within the set time shall constitute failure to execute the Agreement. Ifthe successful Contractor refuses or

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www‘dir‘cagov/Dlealabases‘hgr_nl
hugszl/wwwhemetca.gov/326/Business

17. 18.

19. 21.

22. fails to execute the Agreement, the City of Hemet may award the Agreement to the next qualified highest ranked Contractor.

Bidder shall certify within their quote that they are licensed by the State of California as a contractor, that the license is now in force and provide the number, class and renewal date.

When applicable, the City is subject to the State of California prevailing wage laws as set forth in California Labor Code section 1770 et seq. The contractor is responsible for registering with the Department of Industrial Relations (DIR) prior to placing their bid.

Contractor must determine the appropriate DIR classification for the various employees and subcontractors used for a particular project or services. The rates for each classification are posted on the DIR website at . AI
I contractors performing works for the City are responsible for abiding by all applicable prevailing wage laws and must furnish the City with Certified Payroll Records.

Contractor must hold and maintain liability insurance that meets the City’s minimum requirements as specified in Exhibit D — Insurance Requirements, in the Agreement.

Certification must be provided to and accepted by the City upon award of Agreement.

Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. Bid bond shall be 10 percent (10%) of the total amount of the bid. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. Ifthe Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an of?ce in California. Bond forms can be found in section v and vi.

Bids submitted by mail should be post-marked sufficiently in advance of the bid due date and time to ensure delivery to the City of Hemet, City Hall, prior to the specified due date and time. The City of Hemet assumes no responsibility for delay in delivery of the bid by US. Mail or any other service. LATE BIDS WILLNOT BE ACCEPTED.

20. The City of Hemet requires that any Contractor doing business within the City limits must hold a valid City of Hemet business license. prior to conducting business with the City.

Information regarding how to obtain a business license is available at Bidder must obtain a business
license from the City prior to execution of the purchase order. Cost of a business license is $44.00.
-Licenses

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Ill. SCOPE OF WORK
~Remove existing Sectional doors and operators.
—Furnishand install (6) 13'4" x 15' Cookson Series 300 Service Doors. Includes: 22 GAGalvanized Steel Slat Curtain (white), Extreme service door 300 Series. -Springless Shaft.
-Apex smart controller, 300,000 Maintenance Free cycles with speeds up to 24 IPS up/12lPS down.
-NEMA4 safety eyes, Safeguard Light curtain technology, -120 Volt Transformer
-Bottom Bar.
-Adjust, balance and check for proper operation.
-Powder coated doors — Red RAL3002
-Vision windows — Four slats tall, 9 windows across.
-|ntegrated into our existing Plymovent system and any secondary safety systems.

Include: Material, Tax, Labor, Disposal and Equipment.

Project is quoted prevailing Wage DIR
See pictures in Attachment B. Current pictures of the existing doors and pictures being representative of the final product.

1. Upon award of Agreement, Contractor shall start work within ten (10) business days after a purchase order has been issued by the City.

2. Bids shall be good for a minimum of ninety (90) days

3. Contractor shall have thirty (30) calendar days to complete work, once work has commenced.

4. Liquidated Damages will be assessed at $1000 per calendar day after the required completion date.

5. All workers shall wear uniforms that identify them as employees of the Contractor’s business.

6. The Kurt Mikolaycik, Facilities Maintenance Supervisor, will be the City’s project manager for this work. Upon award of the Agreement, Contractor will provide the project manager with the work schedule (in writing) a minimum of three days prior to commencement of work.

7. The project manager is to be notified daily, at 951-757-8317, where the Contractor willbe working.

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8. The project manager willbe notified immediately when the Contractor is unable to perform the work and whenever any non-personnel or property related accident occurs whil performing the specified contract work. e

9. if additional work is required by the City, an estimate of cost shall be submitted by the Contractor to the project manager, prior to work being undertaken. Additional work may not commence until a change order has been issued to the Contractor by the City’ purchasing division. s
V. BID DOCUMENTS REQUIRED
i. Bid Cover Sheet — This is to be used as the first page of the submission ii. Bid Sheet — This is where you will list you lump sum pricing and acknowledge any addenda.
iii. Reference Submittal Form
iv. Local Vendor Preference (if applicable)
v. Line Items — Fillin the Line Items tab on PlanetBids vi. Bid Bond — Equal to 10% of the total base bid.

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i. BID COVER SHEET

INVITATIONFOR BID
FIRE STATION 1 ROLL-UP DOORS
Company Name: Address:

Commercial Door Company 1374 E. 9th St
Pomona, CA 91766
Telephone #:
909-622-6400
E-mail address: City Business License Number:

[email protected] 0028423
Authorized Representative: (print)
Chuck Nugent
DIR Registration No. & Expiration Date: Title:
#1000004028 6'3 0'2026 Project Manager/Estimator
Contractor’s License No. & Class: Federal Employer ID (ElN):
272762 C61 & D28 95-2677961

THE CONTRACTOR IN SUBMITTING THIS BID MUST FILL IN THE INFORMATION ABOVE. FAILURE TO DO SO MAY VOID YOUR BID

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ii. BID SHEET FOR FIRE STATION 1 ROLL-UP DOORS
DATE: 7-24-2024

TO THE CITY OF HEMET, CALIFORNIA
BIDDER(Firm Name)
Commercial Door Company
The undersigned hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for Fire Station 1 Roll—upDoors as specified in Section II Scope of Services, and to perform all work in the manner and time prescribed therein.

The undersigned bidder certi?es that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.

LUMP SUM BASE BID (in words and in figures) $ 275,000.00 (in figures)
Two Hundred Seventy Five Thousand dollars & 00 I100
(in words)
The above amount is the total amount bid for the entire contract work including all applicable taxes and hourly prevailing wage rates. Any alteration, erasure, or change must be clearly indicated and initialed by the bidder. The bidder agrees that ifthere are any discrepancies or questions in the figures, the CITYwilluse the lower figure despite the bidder’s intent. The City reserves the right to reject any and all bids and to waive any irregularities.

Addendum(a) No(s). Addendum #1 has/have been received and is/are included in this proposal.

The undersigned bidder declares that he has carefully examined the speci?cations and read the terms and conditions, and hereby proposes and agrees, ifthis bid is accepted, to furnish all material in accordance with the speci?cations and instructions, in the time and manner therein prescribed for the unit cost amounts set forth on this Bid Sheet.

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ng
ro
iii. REFERENCE SUBMITTAL FORM
Firm #1 — Name of Firm: City of Palm Desert Fire Station #33 Address of Firm: 73510 Fred Waring Dr Palm Desert, CA 92260 Contact Person: Cora GaUQUSh Phone No. 760-574-3541
EmailAddress: [email protected] Amount ofProj $180'000'00 Date of Project: From 6'2024 To 6-2024
Brief Description of Project: Emove existing roll up doors. Installed new Cookson Extreme High Performance Doors model 300
Firm #2 — Name of Firm: MBE- Moreno Valley Fire Station. Police Station &Citv Buildi Address of Firm: 408 Elm Ave Beaumont CA 92223
Contact Person: Matt Brev Phone No. 951-538-8382
Email Address: [email protected] Amount of Proj $100,000.00 plus Date of Project: From 2020 To Still Active Maintenance Contract Brief Description of Project: PM Service for all doors at City Fire Stations 6 times per year for Roll up doors. Gates. Gate operators & Fire d n testino at Citv hldn New Roll up door install's
Firm #3 — Name of Firm: Cal Fire/Riverside County Fire Department Address of Firm: 210 W. San Jacinto Ave Perris, CA 92570 Contact Person: Matt Murawski Phone No. 951-940-6779
Email Address: [email protected] Amount of Proj On Going Date of Project: From 2023 To Still Active
Brief Description of Project; New Door Install, Emergency Service, Door operator repair & replacement Gate operator repair & install.

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3 4 E. 9th St Pompna.»GA)$166 License’N 3
de
Bidder City of Hemet Busines
iv. LOCAL VENDOR PREFERENCE

CITY OF HEMET

LOCAL BUSINESS PREFERENCE AND CERTIFICATION REQUEST
(Bidders requesting a 5% Local Business Preference must enclose this form in the Bid Package) NOTICE TO ALLBIDDERS: Section 2-340 of the City of Hemet Municipal Code requires that a Local Preference be given to bidders who qualify as a local business.

A. Section 2-340 requires qualified local vendors to be given preference in bid evaluation and award if a qualified local vendor does not make the lowest priced submission. Any qualified local vendor that makes a responsive submission shall have their submission price reduced by five percent for the purposes of comparison to the other submissions received by the City in making the determinations required by Section 2-334 through 2-336. Ifwith this ?ve percent reduction a qualifying local vendor would be awarded the contract, the qualifying local vendor shall be given the opportunity to amend their submission to price match the true lowest priced submission. Ifthe qualifying local vendor agrees to price match then the contract shall be awarded to the loca qualifying bidder. l
B. For purposes of this section, a “qualified local vendor” shall be defined as:

1. An individual, partnership or corporation which has fixed facilities with employees located withi the corporate limits of the City; and which is shown by the records maintained by the City’s finance n department as having secured all necessary business licenses and as having paid all applicable fees and taxes imposed by the City;

2. It has a business street address (PO. Box or residential address shall not suf?ce to establish a local preference);

3. Allsales tax for the purchase of goods must be reported to the State through a business withi the geographic boundaries of the City of Hemet n
C. For purposes of this section, “preference” shall mean the reduction factor applied to the bid of a local vendor that willallow the local vendor to amend their submission and price match the true lowest priced submission.

IMPORTANT NOTICE (Read before signing)
THE UNDERSIGNED HEREBYREQUESTS PREFERENCE AS A “LOCAL BUSINESS”.

THE “LOCALBUSINESS PREFERENCE AND CERTIFICATION REQUEST” MUST BE SIGNED INTHE SAME NAMESTYLE INWHICH THE BIDDER IS LICENSED BY THE CITY OF HEMET.

Legal Name of Bidder(s) Commercial Door Company
Address ofBidder 1 7
Signature of Authorized Bid

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v. BID SECURITYFORM FOR CHECK
NOTE:THEFOLLOWINGFORM SHALLBEUSEDINTHECASEOF CHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier’sCheck payable to the order of the City of Hemet, hereinafter referred to as "Agency",for
dollars (5 , this
amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. Ifsaid Bidshall be rejected by the Agency;
B. Ifsaid Bidshall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/itsfaithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency Said check shall also become the property of the Agency ifthe Undersigned shall withdraw his/her/itsbid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate officersare required.)

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Ten Percent of Bid Estimate
lull .
avid 8.

Vi.BIDSECURITY FORM FOR BOND

KNOWALLBYTHESE PRESENTS
That the undersigned
CommercialDoor Company Inc.
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITYOF HEMET,a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In Words)
Dollars(S 10% ofBid ) lawful money of the United States of America being at least ten percent (10%)of the aggregate amount of said Principal’s base Bid,for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS,said Principal is submitting a Bidfor [PROJECTNAMEANDDESCRIPTION] Fire Station 1 Roll-Up Doors - CIP 2409
THECONDITIONOF THISOBLIGATIONISSUCHthat ifthe Bidsubmitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principalshall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in fullforce and effect.

IN WITNESSWHEREOF, the above bounden parties have executed this instrument this 24th day of 20.25
(Month)
Commercial Door Company Inc.
(Corporate Seal) By
Principal
By SureTec Insurance Company
Surety
(Corporate Seal)
Attorney-In-Fact

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, who
0) /n9
and acknowledged to me that luv/W executed the
same in his/@ha': author m
(0

ALL-PURPOSE ACKNOWLEDGMENT
A notary publicor other of?cer completing this
certi?cate veri?es only the identity of the individual
who signedthe document to which this certi?cateis
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
SS.

County of
before me, Notary Public,
personally appeared proved to me on the
basis of satisfactory evidence to be the person(@whose name is subscribedto the within instrument ized capacity , and that
by his/her/their signature@ on the instrument the
person , or the entity upon behalf of which the
person(0) acted, executed the inst ent.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and of?cial seal.

PLACE NOTARY SEAL IN ABOVE SPACE NOTARY’S SIGNATURE

OPTIONAL INFORMATION
The info ation below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document.

CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT |:] INDIVIDUAL
|:| CORPORATE OFFICER TITLE 0R TYPE OF DOCUMENT
|:| PARTNER(S)
El ATTORNEY-IMPACT NUMBER OF PAGES
|:| GUARDIAN/CONSERVATOR
|:| SUBSCRIBING WIT ss DATE OF DOCUMENT
|:| OTHER:

OTHER
RIGHT

THUMBPRINT
OF
at 102."!
[14ml )4-
?ma/ m.

CAROLM.GUTIERR
COMM.#EZ2432140
NOTARYPUBLICLosANGELES CALIFORNIA Comm "' MYConn.Exp.JAN. 2027

TITLE(S)
SIGNER (PRINCIPAL) IS REPRESENTING:

NAME OF PERSON(S) OR ENTITY(IES)
of thumbprinl here
NOTARY BONDS, SUPPLIES AND FORMS AT HTTP://WWW.VALLEY-SIERRACOM © 2005—2017VALLEY-SIERRA INSURANCE

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u5 COMMISSIONt 2448114 , . MVCOMM.EXPIRESMAY23,2027

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
vali of that document.

State of California
County of Los Angeles
On
JUL2"!2024
before me, A. Bisordi,Notary Public
(insert name and title of the officer)
personally appeared DaV'dNoddle
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
Signature (Seal)

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By:

President
company
POA# 510010

JOINTLIMITEDPOWER OF ATTORNEY
KNOWALLMEN BYTHESEPRESENTS:That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and MarkelInsurance Company (the ”Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint:

David Noddle
Their true and lawful agent(s) and attorney(s)—in-fact,each in their separate capacity ifmore than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co-sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of:

Fifteen Millionand 00/100 Dollars ($15,000,000.00)
This Power of Attorney is granted and issigned and sealed under and by the authority of the following Resolutions adopted by the Boardof Directors of SureTec Insurance Company and MarkelInsurance Company}
"RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any of?cer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affixthe corporate seal thereto.”
INWITNESSWHEREOF, MarkelInsurance Company and SureTec Insurance Company have caused their officialseal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 1am day of July , 2024 .

SureTec Insurance Company nsurance
SEAL
MichaelC. Keimig, President
State of Texas
County of Harris:

On this 1am day of July , 2024 A. 0., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissionedand qualified, came THEABOVEOFFICERSOF THECOMPANIES,to me personally known to be the individualsand of?cers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Boardof Directors of said Companies referred to in the preceding instrument is now in force.

IN TESTIMONYWHEREOF, I have hereunto set my hand, and affixed my OfficialSeal at the County of Harris, the day and year first above written.

JULIEE. MCCLARY
NotaryPublicStateofTexas
Commisswn# 129476805 5, McClary, Notary Public
Commission milesMmh29'2026 commission expires 3/29/2026 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWEROF ATTORNEYof which the foregoing is a full, true and correct copy is stillin full force and effect and has not been revoked. JUL2 ll 2024 INWITNESSWHEREOF,we have hereunto set our hands, and affixed the Seals ofsaid Companies, on the day of MarkelInsurance Company
M. Beaty, Secreta ry
Any Instrument Issued in excess ofthe penalty stated above is totally void and without any validity. 510010 For veri?cation ofthe authority ofthis Power you may call (713)812~0800 on any business day between 8:30 AM and 5:00 PM CS

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VI. A'ITACHMENT “A”
See Documents Section of PlanetBids for a Sample Agreement

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VII. ATTACHMENT “B”
Existing Doors and Operators.

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West side

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new doors.

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Dun mus-.4
v—J‘KI
24:74
In- .
(run 5i”

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gunmen“ _
Dooncomr ?Y
.......................................
.......................................
.......................................
....................
. Proposal & Contract No.: POM 7054 CommercialDoorCompany,Inc. 1374E.NinthSt., Date: 7I23I2024
Pomona, CA91766
P: 909-622-6400 Sales Rep: CN
,NCORPORMED www.commercIaldoorcompany.com Submitted by: Chuck Nugent State License # 272762
Name I Address Ship To
City of Hemet Fire Station #1
Attn: Accounts Payable 220 North Juanita Street
445 East Florida Avenue Hemet, CA 92543
Hemet, CA 92543
Description
REQUESTOR NAMEzKurtMikolaycik
PHONE #:951.757.8317
E-MAIL:[email protected]
Extreme Service Door 300 Series
Remove existing Sectional doors and operators. furnish and install (6) 13'4" x 15' Cookson Series 300 Service Doors. Powder coating Red 3002, Includes: 22 GA Galvanized Steel Slat Curtain, Vision windows four slats tall / 9 windows across total of 36 windows, Springless Shaft, Apex smart controller, 300,000 Maintenance Free cycles with speeds up to 24 IPS up/ 12 IPS down, 208/ 230v single phase, Nema 4 safety eyes, Safeguard Light curtain technology, bottom Bar, (2) 2" x 6" x 3/16 steel tubes, Adjust, Balance and check for proper operation.

Addendum 1. Furnish and install power to (6) operators 460 3 phase with (6) emergency disconnects, Options that can be added Lights/horn,
Project is quoted prevailing Wage DIR 1000004028
Includes:MateriaI, Tax, Labor, Disposal and Equipment
Hemet*-Riverside
Terms: Payment to be made as follows: FOR THE SUM OF: $275 000.00 50% DEPOSIT REQUIRED This proposal is good for 45 days
NOTES:
*Prices are based on non-prevailing wage work performed Monday thru Friday 7:30 am. to 4:00 p.m., unless otherwise speci?ed. * Commercial Door Company Inc is fully insured however; special insurance requests are subject to an additional charge.

CDCagrees to furnishnecessarylabor.materialsand toolsto completeandcontractedworkprofessionalstandards.Permitsand ?nishpaintingare notincludedunlessspeci?cally notedinthiscontract.Excludesanyhiddendamage due to concretecutting.Delaysincommencementorcompletionofworkbeyondourcontrolwillbe billedat the applicablehourl y rate. ThiscontractconstitutesthefullagreementbetweenCDCandthe customer.Anychanges oradditionsto thiscontractmustbe inwritingand signedbybothparties.

Alterationsorchangestoworkspeci?edinthe contactthatinvolveextracostsforlaborormaterialswillrequirewrittenauthorizationsfromthe customerandwillbecomeadditional chargesto the contractedamount.Inthe eventoflitigation,the customeragrees to pay forallattorney'sfeesandcourtcosts incurredbyCDCto enforcethe termsofthiscontract and itsaddendums.

Acceptance of Proposal: The above prices and specifications are satisfactory and hereby accepted. You are authorized as specified. Payment will be made as outlined above.

Date of Acceptance PO Number X Signature
NOTE: This proposal is based upon payment by cash, check or ACH credit

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E—mailaddress: City Bu iness License Numher: .
l?cthDMH‘" TOBEOM-«Kedc?‘o' ‘5 92‘5““
i. BID COVER SHEET

INVITAT ON FOR BID
F RE STATION 1 ROLL-UP DOORS
Company Name: Address:

Na‘HOVM/ 60576 3300’ 3/85 Fszw/d ”74
Telephone #: IRMOI’MCOPAOW‘
’ CA
q“, $38-$39
otgweioor: Cow-1
Authorized Representative: (print) Signature: '
(4.2/9:4 Mi} (p 1/
DIR Registration No. & Expiration Date: Title:

I00000 q/qc/ eke/wag: (/F?
Contractor’s License No. & Class: Federal Employer 1]) (EN):
(70296s e/ca/n23 7/0 — 88a 0 773‘

THE CONTRACTOR IN SUBMITTINGTHIS BID MUST FILL IN THE INFORMATION ABOVE. FAILURE TO DO SO MAY VOID YOUR BID

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”(we IquQI-u‘ a}
ii. BID SHEET FOR FIRE STATION 1 ROLL-UP DOORS
DATE: 2/2 ‘L
TO THE CITYOF HEMET, CALIFORNIA:

BIDDER(Firm Name)
M‘ f
The undersigned hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for Fire Station 1 Roll-up Doors as speci?ed in Section II Scope of Services, and to perform all work in the manner and time prescribed therein.

The undersigned bidder certi?es that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work.

LUMP SUM BASE BID(in words and in ?gures) $
(in ?g
& 100
The above amount is the total amount bid for the entire contract work including all applicable taxes and hourly prevailing wage rates. Any alteration, erasure, or change must be clearly indicated and initialed by the bidder. The bidder agrees that ifthere are any discrepancies or questions in the ?gures, the CITYwilluse the lower figure despite the bidder's intent. The City reserves the right to reject any and all bids and to waive any irregularities.

Addendum(a) No(s). has/have been received and is/are included in this proposal.

The undersigned bidder declares that he has carefully examined the speci?cations and read the terms and conditions, and hereby proposes and agrees, ifthis bid is accepted, to furnish all material in accordance with the speci?cations and instructions, in the time and manner therein prescribed for the unit cost amounts set forth on this Bid Sheet. ords)

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|_
: (4+7 FM C
‘7’? be“. VMN [we 5 1 C4 (77/06
: v q/S ‘ £39 7
Slat—try .( ngFéLZw. ?g 5 £200.00
, (J 20 0
Description Project: Mk 6 F
‘ $M‘mv
a?gwak; A“... ML; (7m 1/ 9m
: I~ vL eel/da/{S c 5 ' WWW
Mic (Er-awn €709 é?/ZJ‘
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(>15 Ar \ sum» ji/ ”
: {Ll C 5/” ,/O/\¢Ivé F: L
: I? F. .r PM c 2?
iii. REFERENCE SUBMITTAL FORM
Firm #1 — Name of Firm 01C56-4 C Ir; 0
Address of Firm .9 6;; F
Contact Person: SLLCHI‘ y ){oJZ Phone No. ' 065'
Email Address: {0H, omount of Proj 0
Date of Project: From 00+—),O/‘I To
Brief of t Z L I r c
Firm #2 — Name of Firm C Ff»
Address of Firm: Z
'
Contact Person: Phone No. - Z
Email Address: Amount of Proj
Date of Project: From Lola To O 9/202 Z
Brief of a.)
Firm #3 — Name of Firm C cm owl/I" #-
Address of Firm C 6 6
Contact Person JOLU!”4““, 0 Phone No. 907‘22
Email Address: ”newtofProjip é . 0 0
Date of Project: From 2/L To
5 Brief Description of Project: 4-— [l n
‘ , H 0.4.1.5..» 1

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k\\l
iv. LOCAL VENDOR PREFERENCE

CITY OF HEMET

LOCAL BUSINESS PREFERENCE AND CERTIFICATIONREQUEST
(Bidders requesting a 5% Local Business Preference must enclose this form in the Bid Package) NOTICE TO ALLBIDDERS: Section 2-340 of the City of Hemet Municipal Code requires that a Local Preference be given to bidders who qualify as a local business.

A. Section 2-340 requires quali?ed local vendors to be given preference in bid evaluation and award ifa qualified local vendor does not make the lowest priced submission. Any quali?ed local vendor that makes a responsive submission shall have their submission price reduced by ?ve percent for the purposes of comparison to the other submissions received by the City in making the determinations required by Section 2-334 through 2-336. Ifwith this five percent reduction a qualifying local vendor would be awarded the contract, the qualifying local vendor shall be given the opportunity to amend their submission to price match the true lowest priced submission. Ifthe qualifying local vendor agrees to price match then the contract shall be awarded to the local qualifying bidder.

B. For purposes of this section, a "qualified local vendor” shall be defined as:

1.An individual, partnership or corporation which has fixed facilities with employees located within the corporate limits of the City; and which is shown by the records maintained by the City’s?nance department as having secured all necessary business licenses and as having paid all applicable fees and taxes imposed by the City;

2. It has a business street address (PO. Box or residential address shall not suf?ce to establish a local preference);

3. Allsales tax for the purchase of goods must be reported to the State through a business within the geographic boundaries of the City of Hemet.

C. For purposes of this section, “preference” shall mean the reduction factor applied to the bid of a local vendor that willallowthe local vendor to amend their submission and price match the true lowest priced submission.

IMPORTANT NOTICE (Read before signing)
THE UNDERSIGNEDHEREBYREQUESTS PREFERENCE AS A “LOCALBUSINESS”.

THE “LOCALBUSINESS PREFERENCE AND CERTIFICATIONREQUEST" MUSTBE SIGNED INTHE SAMENAMESTYLE INWHICH THE BIDDERIS LICENSEDBYTHE CITYOF HEMET.

Legal Name of Bidder(s)
Address of Bidder \
Bidder City of Hemet Business License No
Signature of Authorized Bidder

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N/‘?r
v. BID SECURITY FORM FOR CHECK
NOTE:THEFOLLOWINGFORMSHALLBEUSEDINTHECASEOF CHECKACCOMPANYINGBID Accompanying this proposal is a Certified Check or Cashier's Check payable to the order of the City of Hemet, hereinafter referred to as "Agency", for dollars ($ ), this
amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to the undersigned only if either of the following occurs:

A. Ifsaid Bidshall be rejected by the Agency;
B. Ifsaid Bid shall be accepted by the Agency and the Undersigned shall execute and deliver a Contract in the form attached hereto (properly completed in accordance with said Bid) and shall furnish bonds required for his/her/itsfaithful performance of said Contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the Contract created by acceptance of said Bid.

Otherwise, said check shall become the property of the Agency.

Said check shall also become the property of the Agency ifthe Undersigned shall withdraw his/her/itsbid within the period of sixty (60) calendar days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the Contract to another bidder.

Signature of Bidder Date Signature of Bidder Date
Print name and title Print name and title
(Ifthe Bidder is a corporation, two signatures ofcorporate o?icersare required.)

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um annIal Amwnl am
By (Mutual)
vi. BID SECURITY FORM FOR BOND
KNOW ALLBYTHESEPRESENTS:

That the undersigned
JT Lewis Inc. dba National Garage Door Company
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITYOF HEMET, a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In Words) Ten Percent of Total Amount Bid
Dollars (S ) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal’s base Bid,for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS,said Principal is submitting a Bidfor FIRE STATION 1 ROLL-UP DOORS — CIP 2409 THE CONDITIONOFTHISOBLIGATIONIS SUCHthat ifthe Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

INWITNESSWHEREOF,the above bounden parties have executed this instrument this (Month)
JT Lewis Inc. dba National Garage Door Company
(Corporate Seal)
Principal
Merchants Bonding Company
Surety
W
\
Ryan Tash, Attorney-ln—Fact
(Corporate Seal)

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_——J
Traci E. Nakagaki,
Ryan Tash
dance to be the person(s) whose name(s) is/are
County
Expives 15.

ACKNOWLEDGMENT
A notary public or other of?cer completing this
certificate verifies only the identity of the individual who signed the document to which this certi?cate is
attached, and not the truthfulness, accuracygor
valid of that document.

State of California
County of Sacramento
0 1?/
2, - On 1’ /Z7 before me, Notary Public
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evi
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ] his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTYOF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
- - COMM. #2383122 WITNESS my hand and of?cualseal NotaryPublic_ California 2 Sacramento
Comm. Nov. 2025
lOHN
Signature (Seal)

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‘ MERCHANm
ntracls Deg rtmenl ling iaa
Transp ?nal estima rehe pan
onwil ob?g ionsin var of mucky only.i in! power arily give mey»i -Faox annol moui revoke rsona non emha iven Cum
Depart Highways of monwea?h
In vwm erect meCo have cause ‘
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027 ‘
¥ Commissm
Wm
Ex hmW
mer,.1r. IeKaryolM EON OMPANY(M AL)andMERCHAN mo rehy
eahave voregoingl ocvre aflhePOWE F-ATTORNEYexec bys: niull BONDING COMPANY".

POWER OF ATTORNEY
Know AllPersons By These Presents, that MERCHANTS BONDINGCOMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, |NC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Christine Stradford; Katherine DuPont; Ryan Tash; Susan Fournier their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the ?delity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

This Power-of—Attorney is granted and is signed and sealed by facsimile under and by authority of the following By—Lawsadopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." “The signature of any authorized of?cer and the seal of the Company may be af?xed by facsimile or electronic transmission to any Power of Attorney or Certi?cation thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually ?xed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in—Fact includes any and all consents for the release of retained percentages and/or ?nal estimates on engineering and construction co required by the State of Florida a of Transportation. It is fully understood that consen to the State of Flor Department of citation making payment of the te to the Contractor and/or its assignee, shall not ve this surety com y of any of its obligations under its bond.

In connecti h at fa the Ke Department of Highways t greed that the and auth hereby n to the Atto n c be ?ed or cl unless prior written pe l ce of such int 5 been 9 to the missioner- ment of the Com of Kentucky at least thirty (30) days prior to the modi?cation or revocation. ess Wh mpanies d this instrument to be sigr ed and sealed this 27th day of December .2022

MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
dlbla MERCHANTS NATIONAL INDEMNITYCOMPANY
By
President

STATE OF IOWA

COUNTYOF DALLAS
On this 27th day of December 2022 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC; and that the seals af?xed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.

Notary Public
(Expiration of notary's commission does not invalidate this instrument) I, WilliamWa , Sec ERCHANTS DING C UTU TS N NALBONDING, |NC., do he certify that th and s a true and ct copy R—O uted id Companies, which is still i force and effect and has not been amended or revoked.

InWitness Whereof, l have hereunto set my hand and affixed the seal of the Companies on this 22nd day of July POA 0018 (10/22)
OZ.

KimLee
CommissionNumber7_ 37
My was
2024

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7/22/24. 1:34 PM Q&Afor Fire Station 1 Roll-Up Doors - CIP 2409 Fire Station 1 Roll-UpDoors - CIP 2409
GM Deadline July 79, 2024 3:00 PM (PDT)
Set 1 Releasedvia Addendum 1 07/22/2024 1:28 PM (PDU — 2 questions

1.1 Good afternoon, I'llbe bidding this project and had a questions regarding the doorshown labeled East side, we need to achieve side room for this door i wouldsay at least min of 10", willsomeone be demoing that side or do we need to shrinkthe opening and putting up a tube?
Answer The Citywillprovidethe needed space for this East side door. That ?reman pole is being removed and that area willbe turned into storage. The City willworkwiththe awarded contractor to provide ample clearance.

1.2 Power onsite appears to be 120v 1 phase. In discussing the project with Cookson Doors, they have said that due to the weight and size of the door, providinga 120v transformer for each dooris not possible.They have said that we need to have 208/230 volt 3 phase power for this application to work.Can the city provide208/230 volt 8 phase power to these doors? If not then the speci?ed willnot work.Thank you, Answer The originalquote from Cookson had the 120v power withthe transformer, we have learnedthat willnow not workfor the 2HP quoted operators. Bidderwillhave to adjust to add an additional120V leg to each operator. Cookson con?rmed it does not need to be 3 phase but standard 240V single phase to the operators. httpszllvendorsplanetbids.comlportall39477/bo/bo-delail/119561# 1/

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MINOR PUBLIC WORKS AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET,

A CALIFORNIA MUNICIPAL CORPORATION
AND
COMMERCIAL DOOR COMPANY, INC.

A CALIFORNIA CORPORATION

AGREEMENT # 2025-017

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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND COMMERCIAL DOOR COMPANY, INC.

FIRE STATION 1 ROLL UP DOOR REPLACEMENT - CIP 2409
This MINOR PUBLIC WORKS AGREEMENT (“Contract”) is made and entered into this 10th day of Septemebr, 2024 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Commercial Door Company, Inc., a California corporation (“Contractor”). For the purposes of this Contract, City and Contractor are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

B. City desires to engage Contractor for performance of the following public work of improvement Fire Station 1 Roll Up Door Replacement - CIP 2409 Project (the "Project” or the “Work").

C. Contractor represents that it is a licensed contractor pursuant to section 7000 et seq. of the Business and Professions Code in the following classification(s) C61 & D28 which it shall maintain for the duration of the Contract.

D. Contractor further represents that it has examined and is fully familiar with all of the provisions of the Contract Documents; that it has satisfied itself as to the nature and location of all Work, the general and local conditions to be encountered in the performance of any Work, and all other matters which can in any way affect the Work or the cost thereof.

E. Contractor has submitted a proposal to City, incorporated herein by this reference, to perform all work and furnish the labor, supervision, materials and equipment, and operations necessary and required to complete the Project in strict accordance with the provisions of the Contract Documents, and at the prices stated.

F. The Parties desire to enter into this Contract for the purpose of setting forth the terms and conditions upon which the Contractor shall complete the Project.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

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SECTION 1. SCOPE
A. Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the Project in accordance with the Contract Documents, which is generally described as follows:

Fire Station 1 Roll Up Door Replacement - CIP 2409
Without limiting the foregoing description, Contractor’s scope of work includes, but is not limited to, the following:

1. Submit any required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than ten (10) working days after the date City issues a Notice to Proceed and before the preconstruction meeting.

2. Submit a list of any permits and licenses the Contractor shall obtain indicating the agency granting the permit, the expected date to submit the application, and the required date for the receipt of the permit.

3. Protect all materials to be used in the Work in accordance with the specifications.

4. Protect existing facilities and personal property.

5. Attend a preconstruction conference with City to discuss schedule, access, sequence of work, and other issues.

6. If requested by City, prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit reports to City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, construction crew sizes of general and subcontractors, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.

7. The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment.

8. Coordinate with City-scheduled events.

9. The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work.

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10. Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work.

B. The following documents are incorporated into and made part of this Contract by this reference:

1. Insurance Requirements (Exhibit A)

2. Designation of Subcontractors Form (Exhibit B)

3. Public Works Contractor Registration Certification (Exhibit C)

4. Payment and Performance Bonds (Exhibit D)

5. Contractor’s Proposal (Exhibit E)

6. Change orders issued in accordance with the Contract Documents (Exhibit F)

7. Standard Specifications for Public Works Construction (the “Green Book”), excluding Sections 1 through 9, most recent version
C. These documents shall be referred to collectively as the "Contract Documents." The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the following order: Change Orders (most recent first), Addenda (most recent first), Contract, Insurance Requirements, Technical Specifications, Plans, Standard Specifications, Contractor’s Proposal/Schedule of Pay Items.

D. Contractor shall comply with all requirements of the Contract Documents. Where there is a conflict between the requirements of the Contract Documents, the more stringent requirements shall govern.

SECTION 2. PRICE
A. City agrees to pay, and Contractor agrees to accept, the sum of Two Hundred and SeventyFive Thousand Dollars ($275,000.00) (the “Contract Price”) subject to adjustments for changes in the work as may be directed in writing by City, as payment in full for the Work.

Work to be done at unit prices will be paid based on actual quantities of work performed and accepted.

B. Contractor shall submit a payment application for the total work completed once each month and upon completion of the Project and satisfaction of all conditions of the Contract Documents. City shall make payment within forty-five (45) days of receipt of an undisputed payment application, less five (5%) percent retention. City shall release the retained funds (less any amounts in dispute, deducted for liquidated damages or as required by law, or other offsets) no less than thirty-five (35) days after the date City accepts the Work. Pursuant to Public Contract Code section 22300, for monies earned by the Contractor and withheld by City to ensure the performance of the Contract, the Contractor

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may, at its option, choose to substitute securities meeting the requirements of Public Contract Code section 22300.

If any of the Work is to be paid based on unit prices, Contractor shall submit a monthly itemized estimate of Work done for the purpose of making progress payments. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by City, for unit price items listed, if any, in the Schedule of Pay Items. Following City’s acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. City makes no representation that the actual quantities of work performed will not vary from the estimates.

C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, certified payroll reports, and other documents, in form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien upon (as provided in California Civil Code sections 8132, 8134, 8136 and 8138) on behalf of itself, subcontractors and suppliers that furnished labor, material, equipment or services to the Project.

D. In accordance with California Public Contract Code Section 22300, City will permit the substitution of securities for any monies withheld by City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with City, or with a state or federally chartered bank in California as the escrow agent, and thereafter City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The escrow agreement used for the purposes of this section shall be in the form provided by City.

E. All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To sign up for electronic payments contact [email protected].

F. The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Vendor shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Maximum Amount specified herein. As part of the notification, the Consultant shall provide the City a revised estimate of the total cost of performing this Agreement.

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SECTION 3. ENTIRE AGREEMENT
This Contract represents the entire agreement between City and Contractor and supersedes any prior written or oral representations. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

SECTION 4. TIME
A. Contractor shall complete the Project no later than thirty (30) calendar days following City's issuance of the Notice to Proceed (the "Contract Time").

B. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of Work. Contractor shall coordinate its Work with that of all other contractors, subcontractors, and suppliers so as not to delay or damage their performance.

C. If Contractor fails to complete the Project within the Contract Time, City will sustain damage. It is and will be impracticable to determine the actual damage which City will sustain in the event of and by reason of such delay; therefore, Contractor will pay to City the sum of two thousand ($2,000) dollars for each and every calendar day beyond expiration of the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due to Contractor under the Contract.

D. It is further agreed that in case Contractor fails to complete the Project in all parts and requirements within the Contract Time, City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of City; and if it decides to extend Contract Time, City shall further have the right to charge to Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses directly chargeable to the Contract that accrue during the period of such extension.

E. Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Project caused solely by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that Contractor shall within three (3) days from the beginning of any such delay, notify City, in writing of the causes of delay. The City Manager, or his designee, shall ascertain the facts and the extent of delay, and his or her findings thereon shall be final and conclusive.

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F. As an express condition of any adjustment of the Contract Time or Contract Price on account of delay, including delay caused by acts of City, Contractor must give City written notice of the commencement of delay within three (3) days of its occurrence.

SECTION 5. LABOR
A. Prevailing Wages. This Contract is subject to California Labor Code (“Labor Code”) Sections 1720 et seq., and Contractor and any subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work.

Pursuant to the provisions of Section 1770 of the Labor Code, City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of City and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred ($200) dollars for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor.

B. Employment of Apprentices. Contractor's attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by Contractor or any subcontractor under Contractor. It shall be the responsibility of Contractor to effectuate compliance apprentices on the part of itself and any subcontractors with the requirements for employment. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations.

C. Payroll Records. Pursuant to Labor Code Section 1776, Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. In the event of noncompliance with the requirements of this section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to achieve compliance with this section. If Contractor or subcontractor does not comply after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred ($100) dollars for each day, or portion thereof, for each worker until strict compliance is effectuated.

Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor

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shall comply with all requirements and regulations from the Department of Industrial Relations relating to labor compliance monitoring and enforcement.

D. Public Works Contractor Registration.

1. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.

2. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Contractor shall execute the Public Works Contractor Registration Certification attached hereto as Exhibit C, attesting to the facts contained therein. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in Exhibit B “Designation of Subcontractors Form.”

3. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In executing this Contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.

E. Hours of Work.

1. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815.

2. The Contractor shall perform all work during the hours of 7:00 a.m. to 4:00 p.m., Monday through Friday unless otherwise authorized by City in writing. If Contractor wishes to work during any other hours or on weekends, written permission must be received from City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on City holidays except in the case of an emergency. A listing of City holidays is on file in the office of City Clerk. If Contractor requests overtime work in which City will incurs costs, Contractor shall be responsible for payment of City's costs incurred in connection with the overtime work.

City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten (10) days, City may deduct the amount billed from other payments due or to become due to Contractor under the Contract.

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F. Labor Compliance. In accordance with Labor Code section 1771.4, Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

G. Labor Certification. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to its employees in accordance with the provisions of section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the engineer a certification in the following form:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions before commencing the performance of the work of this Contract."
H. Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Price, and no additional compensation will be allowed therefore.

SECTION 6. CHANGES IN WORK
A. Contractor shall make no changes in the Work without written direction from City.

Contractor shall not be compensated for any change made without City’s written direction.

No changes in the work covered by this Contract shall exonerate any surety or any bond given in connection with this Contract.

B. If City directs the Contractor in writing to make changes in the work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following:

1. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work;

2. By a combination of existing and new unit prices and related quantities for the changed work;

3. Time and Materials, calculated as set forth in Section 6(C), below; or

4. By mutual acceptance of a lump sum.

C. The cost for extra or changed work performed on a time and materials basis shall be determined as follows:

1. Labor. Contractor will be paid cost of labor for workers used in actual and direct performance of extra work, including only actual wages paid shall

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include any employer payments to or on behalf of workers for health and welfare, pension, vacation, and similar purposes.

2. Material. Only materials furnished by Contractor and necessarily used in performance of extra work will be paid for. Cost of such materials will be cost, including sales tax and delivery charges, to purchaser (Contractor, subcontractor or other forces) from supplier thereof.

3. Equipment. For Contractor-owned equipment, payment will be made at rental rates listed for equipment in the California Department of Transportation official equipment rental rate schedule which is in effect on the date upon which extra work is accomplished and which schedule is incorporated herein by reference as though fully set forth herein. If there is no applicable rate for an item of equipment, then payment shall be made for Contractor-owned equipment at rental rate listed in the most recent edition of the Association of Equipment Distributors (AED) book. a. For rented equipment, payment will be made based on actual rental invoices. Equipment used on extra work shall be of proper size and type.
b. Rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Unless otherwise specified, manufacturer's ratings, and manufacturer-approved modifications, shall be used to classify equipment for determination of applicable rental rates. Rental time will not be allowed while equipment is inoperative due to breakdowns.
c. Individual pieces of equipment or tools having a replacement value of one hundred ($100) dollars or less, whether or not consumed by use, shall be considered to be small tools.

4. Work Performed by Special Forces or Other Special Services. When City and Contractor, by agreement, determine that special service or item of extra work cannot be performed by forces of Contractor or those of any subcontractors, service or extra work may be performed by a specialist.

Invoices for service or extra work shall be based on the current market price thereof and may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with established practice of special service industry to provide complete itemization. In those instances, wherein, Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the Project Site, charges for that portion of extra work performed in such facility may, by agreement, be accepted as

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a specialist billing. In lieu of overhead and profit provided in paragraph 5(a) “Overhead Defined”, below, fifteen percent (15%) will be added to specialist invoice price, after deduction of any cash or trade discount offered or available, whether or not such discount may have been taken.

5. Overhead Defined. The following constitutes charges that are deemed included in overhead for all Contract modifications, including work performed on a Time and Materials basis. Contractor shall not invoice or receive payment for these costs separately: Drawings: field drawings, Shop Drawings, etc., including submissions of drawings; Routine field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; Computer services; Reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary onSite facilities (Offices, Telephones, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water, Home office expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.

6. Overhead and Profit for Time and Materials. For work Contractor performs on Time and Materials at City’s direction, the following markups will be added to the cost of labor, materials and equipment, calculated as described above.
a. Overhead and profit on labor shall be fifteen percent (15%). b. Overhead and profit on materials shall be ten percent (10%). c. Overhead and profit on equipment rental shall be ten percent (10%). d. On proposals covering both increases and decreases in Contract Price, overhead and profit shall be allowed on the net increase only as determined in this paragraph. When the net difference is a deletion, no percentage for overhead or profit will be allowed, but rather a deduction shall apply.
e. The markup shall include profit, small tools, cleanup, supervision, warranties, cost of preparing the cost proposal, jobsite overhead, and home office overhead. No markup will be allowed on taxes, insurance, and bonds.

D. If City directs Contractor in writing to make changes in the Work that materially affect the time required to perform the Work, City will make a reasonable adjustment to the Contract Time.

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SECTION 7. CLAIMS AND DISPUTES
A. If any dispute shall arise between City and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed Work and shall give written notice of a claim for additional compensation for the Work to City within three (3) days after commencement of the disputed Work. Contractor's failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed Work.

B. If a claim cannot be resolved through direct discussions between City and Contractor, disputes for three hundred seventy-five thousand ($375,000) dollars or less shall be handled in accordance with Public Contract Code Sections 20104 et seq. City shall respond in writing within the statutory time period(s), or, may request in writing within thirty (30) days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims City may have against the claimant. If additional information is needed thereafter, it shall be provided upon request. City's response shall be submitted within the statutory timeframe after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. Contractor shall make these records and documents available at all reasonable times, without any direct charge.

C. If a claim is more than three hundred seventy-five thousand ($375,000) dollars, City shall respond in writing within a reasonable period of time to review and analyze the claim. The Parties also agree to participate in mediation with a mutually agreeable mediator following an exchange of documents reasonably necessary for resolution of the issues in dispute.

D. If Contractor disputes City's response, or if City fails to respond within the statutory time period(s), Contractor may so notify City within fifteen (15) days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days.

E. If following the meet and confer conference, the claim or any portion thereof remains in dispute, Contractor may file a claim pursuant to Government Code sections 900 et seq. and Government Code section 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.

F. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.

G. Venue for any litigation arising out of or relating to this Contract shall be Riverside County, California.

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H. Pursuant to Public Contract Code section 9201(b), City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

SECTION 8. INSPECTION AND PROTECTION OF WORK
A. Responsibility for, and security of, all work and materials is the responsibility of the Contractor until final acceptance of the Project by City.

B. All Work shall be inspected by City. The charges for inspection shall be in accordance with City’s regulations. If City is unable to provide an inspector or inspectors, Contractor shall reschedule the Work for another time at no cost to City. Work performed without inspection shall be rejected.

C. Contractor shall make the Work accessible at all reasonable times for inspection by City.

Contractor shall, at the first opportunity, inspect all material and equipment delivered to the Project Site by others to be used or incorporated in the Contractor's Work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the Work done hereunder until final acceptance by City.

D. When the Work is completed, Contractor shall request, in writing, a final inspection.

Within ten (10) days of the receipt of such request, City shall make a final inspection.

Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all Change Orders and all interpretations and instructions previously issued.

E. City may reject materials or Work that does not meet the requirements of the Contract Documents. If City does so, Contractor shall promptly remove the rejected materials or Work and replace it with materials or Work that meet the requirements of the Contract Documents, at no additional cost to City.

SECTION 9. ASSIGNMENT AND SUBCONTRACTING
A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.

B. No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications.

C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code sections 1771.1 or 1777.7 can bid on, be awarded or perform Work as a subcontractor on the Project. The Contractor is prohibited from performing Work on the

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Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

D. When a portion of the Work which has been subcontracted by Contractor is not being prosecuted in a manner satisfactory to City, the subcontractor shall be removed immediately on the request of City in the manner required by law and shall not again be employed on the Work.

E. Contractor shall not assign any portion of the Work to be performed under this Contract or any of the rights or obligations under this Contract, without the prior written consent of City, which consent may be withheld in City’s sole and absolute discretion.

SECTION 10. TERMINATION
A. Should Contractor fail within seven (7) calendar days from receipt of City's written notice to correct any default, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to comply with the directions of City, or failure to pay its creditors, City may terminate this Contract and/or, in its sole discretion, make a demand on Contractor’s performance bond surety. Following a termination for default, City shall have the right to take whatever steps it deems necessary to complete the Project and correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, profit and attorneys' fees.

B. City may at any time terminate the Contract at City's convenience upon five (5) days written notice to Contractor. In the event of termination for convenience, Contractor shall recover only the actual cost of Work completed to the date of termination, which costs are documented to City's satisfaction. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination.

C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

SECTION 11. HOLD HARMLESS AND INDEMNIFICATION
A. City and all officers and employees thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of City’s officers or employees.

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B. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or related to the Work or the Project, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse City its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other cost and fees of litigation. Contractor shall promptly pay any final judgment rendered against City (and its officers, officials, employees and volunteers) except for claims determined by a trier of fact to have been the result of City’s sole or active negligence or willful misconduct. The foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Contract.

C. Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an indemnified party. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.

In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

D. In addition to any remedy authorized by law, contract funds sufficient to pay for any claim may be retained by City until disposition has been made of such suits or claims for damage.

SECTION 12. BONDS AND INSURANCE
A. Bonds.

1. Within ten (10) business days after being notified of the award of the Contract, and before City will execute this Contract, Contractor shall furnish and file with City Performance and Payment Surety bonds as set forth below.

2. Contractor shall submit the bonds on the forms provided Exhibit D, attached hereto, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," authorized to do business in the State of California and acceptable to City conditioned upon the faithful performance by the Contractor of all requirements of the Contract

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Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price.

B. Insurance.

1. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit A. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within fifteen (15) working days after being notified of the award of the Contract, and before execution of this Contract by City.

SECTION 13. WARRANTY
Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents.

Contractor hereby warrants its Work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California law, whichever is greater.

Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.

This section shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.

SECTION 14. LAWS TO BE OBSERVED
A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations that in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with all such existing and future Federal, State and local laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Project; and shall protect and indemnify City, and all officers and employees thereof connected with the Project, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by City’s representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, Contractor shall promptly report the same to City in writing.

C. This Contract shall be governed by and construed in accordance with the laws of the State of California.

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SECTION 15. CLEAN-UP
Contractor will remove from the Project Site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the Project Site and deduct the cost from the Contract Price.

SECTION 16. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.

SECTION 17. COMPLIANCE WITH STATE STORM WATER PERMIT
Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Water Board) Water Quality Order No. 2009-0009-DWQ, including any and all subsequent amendments and National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (“Permit”) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.

SECTION 18. MISCELLANEOUS
A. Existing Utilities.

1. The location of known existing utilities and pipelines are shown on the plans in their approximate locations. However, nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the Project can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. Underground facilities not known to City may exist, or be in a location different from that which is shown in the Contract Documents.

2. Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling underground service alert to locate utilities in accordance with the procedures described in Government Code section 4215 et seq. Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged. Contractor shall not be entitled to additional compensation nor time extensions for work necessary to avoid interferences nor for repair to damaged utilities if Contractor does not expose all such existing utilities as required by this section.

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3. After the utility survey is complete, Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. Contractor shall notify City before starting potholing operations. Contractor shall uncover all piping and conduits to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities which are to remain in service for any period subsequent to the construction of the run of pipe involved.

4. Contractor’s attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” Contractor shall notify City in advance of this meeting.

5. If Contractor is required to locate, repair damage not due to Contractor’s failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under Section 6 “Changes in the Work” of this Contract, including payment for equipment on the Project necessarily idled during such work.

6. The right is reserved by City and the owners of underground facilities or their authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connection or repairs to their properties. Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces.

B. Differing Site Conditions.

1. Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law,

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b. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders before the deadline for submitting bids, or
c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

2. Contractor shall give notice in accordance with the Change Order provisions above.

3. City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a Change Order under the provisions described in the Contract Documents.

4. No claim of Contractor under this clause shall be allowed unless Contractor has given the notice required in the Contract Documents.

5. In the event a dispute arises between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all Work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law, which pertain to the resolution of disputes and protests.

C. Records and Audits.

1. Contractor and its subcontractors shall establish and maintain records pertaining to this Contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of all costs charged under this Contract, including properly executed payrolls, time records, invoices and vouchers.

2. Contractor shall permit City and its authorized representatives to inspect, examine and make copies of Contractor's books, records, accounts, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the four (4)-year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for four (4) years after the termination of this Contract.

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3. Pursuant to California Government Code section 8546.7, the Parties shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering the Contract.

D. Clayton Act and Cartwright Act.

Section 7103.5 of the Public Contract Code specifies that in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to the contract or subcontract. Pursuant to Public Contract Code section 7103.5, Contractor and all of its subcontractors hereby offer and agree to assign to City all rights, title, and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchase of goods, services or materials pursuant to this Contract. This assignment shall become effective when City tenders final payment to Contractor without further acknowledgement by the Parties.

E. Contractor Supervision.

The Contractor shall provide competent supervision and staffing of the Work as approved by City.

As necessary, the Contractor or designated representative shall be present at all times while Work is actually in progress.

F. Character Of Workers.

If persons employed by the Contractor, including any subcontractors, shall appear to City to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately on the request of City, and such person shall not again be employed on the Work.

G. Cooperation.

Should construction be under way by City, other agencies or other contractors within or adjacent to the limits of the Work specified or should work of any other nature be under way by other forces within or adjacent to said limits, Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. City reserves the right to perform other or additional work at or near the Project Site (including material sources) at any time, by the use of other forces.

H. Notices.

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All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be affected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, or postage prepaid and addressed as follows:

To City: City of Hemet
Attn: Mark Prestwich, City Manager
445 E. Florida Ave.

Hemet, CA 92543
To Contractor: Commercial Door Company
Attn: Chuck Nugent
1374 E. 9th St.

Pomona, CA 91766
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

I. Nondiscrimination.

Contractor and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Contractor shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

J. Safety.

Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(a) Adequate life protection and lifesaving equipment and procedures;

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(b) Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (c) Adequate facilities for the proper inspection and maintenance of all safety measures. [SIGNATURES ON FOLLOWING PAGE]

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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND COMMERCIAL DOOR COMPANY, INC.

FIRE STATION 1 ROLL UP DOOR REPLACEMENT - CIP 2409
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

City of Hemet Commercial Door Company, Inc.:
(Authorized Representative of Contractor)
By: _______________________________ By: _______________________________ Mark Prestwich, City Manager Printed Name: _____________________ Title: _____________________________
Dated: ___________________________ Dated: ___________________________ (Attach Acknowledgment for Authorized
Representative of Contractor)
License No.: ________________________
ATTEST:

CITY CLERK
By: ______________________________
John Maier
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven Graham

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EXHIBIT A

INSURANCE REQUIREMENTS FOR MINOR PUBLIC WORKS PROJECTS

1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general Aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.

2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self-insurance maintained by the City shall not be required to contribute.

3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non-owned auto liability coverage.

4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

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5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

6. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.

7. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no crossliability exclusion precluding coverage for claims or suits by one insured against another.

Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

8. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material changes in the policy, or termination thereof, will be effective except upon thirty (30) days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.

9. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

10. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

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11. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.

12. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

13. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract. Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.

14. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

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EXHIBIT B

DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, sections 4100 et seq., Contractor shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

Portion of Work: _____________________________________
Subcontractor: _____________________________________
Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Portion of Work: _____________________________________
Subcontractor: _____________________________________
Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________ Name of Contractor: Commercial Door Company, Inc.

Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________

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EXHIBIT C

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Contractor: Commercial Door Company, Inc.

DIR Registration Number: 1000004028
Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor: Commercial Door Company, Inc.

Signature: ______________________________
Name and Title: ______________________________
Dated: ______________________________

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EXHIBIT D

BOND FORMS

PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated September 10, 2024 is in the amount of $275,000.00 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Commercial Door Company, Inc. (Contractor), (Surety), CITY OF HEMET
(Owner), or other party shall be considered plural where applicable.

CONTRACTOR: SURETY:

Commercial Door Company, Inc.

Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Fire Station 1 Roll Up Door Replacement – CIP 2409, dated September 10, 2024, in the amount of $275,000.00.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.

3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:

3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and

3.2 Owner has agreed to pay the Balance of Contract Sum:

3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or

3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.

4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or

4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or

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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph

4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.

5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.

6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations. Surety’s obligations include, but are not limited to:

6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;

6.2 Contractor’s obligations to pay liquidated damages; and

6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).

7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.

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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.

9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.

10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.

11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located. Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.

12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1-7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.

13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.

14. Definitions

14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.

14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.

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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6-7.3 of the Special Provisions).

14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.

END OF DOCUMENT

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PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Commercial Door Company, Inc. as Principal, dated the 10th day of September, 2024 (the Contract), titled the City of Hemet Fire Station 1 Roll Up Door Replacement – CIP 2409 in the amount of $275,000.00, which Contract is by this reference made a part hereof, for the work of the following Contract:

Fire Station 1 Roll Up Door Replacement – CIP 2409

1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($275,000.00), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Street Address Street Address

City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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EXHIBIT E
CONTRACTOR’S PROPOSAL

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EXHIBIT F

CHANGE ORDERS

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Acting Administrative Services Director; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Third Amendment in the amount of $12,000 to the Professional Services Agreement with Infosend, Inc. for the Printing, Mailing, and Materials for Utility Billing and Customer Outreach for a Contract Amount Not to Exceed Total increase from $285,000 to $297,000.00 and Authorizing the City Manager to Execute the Agreement
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Third Amendment in the amount of $12,000 to the Professional Services Agreement with Infosend, Inc. for the Printing, Mailing, and Materials for Utility Billing and Customer Outreach for a Contract Amount Not to Exceed Total increase from $285,000 to $297,000, Authorizing the City Manager to Execute the Agreement.

BACKGROUND:

On April 28, 2020, the City entered into a Professional Services Agreement with Infosend, Inc. to print, mail, and provide materials for the City's utility bills and customer outreach for a term through December 31, 2021, with one (1) three (3) year option to extend.

On August 4, 2022, the first amendment to the Professional Services Agreement with Infosend, Inc. amended the option to extend with a new term date of December 31, 2024, and a contract amount not to exceed $182,000 for three years.

On July 11, 2023, the second amendment to the Professional Services Agreement with Infosend, Inc. amended the contract amount not to exceed $285,000.

ANALYSIS:

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Year 1 (Fiscal Year 2020-21), costs for Infosend, Inc. services were $55,257.83 Year 2 (Fiscal Year 2021-22), costs for Infosend, Inc. services were $60,644.13 Year 3 (Fiscal Year 2022-23), costs for Infosend, Inc. services were $66,098.04 Year 4 (Fiscal Year 2023-24), costs for Infosend, Inc. services were $76,456.72 The average monthly cost for Infosend, Inc. is $5,900. To cover costs for the remaining term of their contract from July 1, 2024 through December 31, 2024, the contract will need to be increased by approximately $12,000.

DISCUSSION:

To continue to provide utility billing services through Infosend, Inc. through December 31, 2024, the Professional Services Agreement needs an additional increase of $12,000 for the established term and a revised not-to-exceed amount of $297,000.

As the completion of this agreement nears, Staff intends to advance a Request for Proposals process for these services.

STRATEGIC PLAN INTEGRATION:

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

Objective 4: Increase employee retention by training and creating a positive workplace.

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

There is no additional fiscal impact. Funding for these services has been established in Fiscal Year 2024-25 Council-approved budget in the following account lines:
 571-9000-2255
 254-4600-2255
 254-4650-2265
ATTACHMENT(S):

Attachment 1 Infosend Resolution
Attachment 2 InfoSend - UB Printing Services - Third Amendment

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE THIRD

AMENDMENT TO THE AGREEMENT FOR PRINTING,

MAILING AND MATERIALS FOR UTILITY BILLING AND

CUSTOMER OUTREACH BETWEEN THE CITY OF
HEMET AND INFOSEND, INC.

The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, on April 28, 2020, the City and Infosend, Inc. entered into a Professional Services Agreement for the printing, mailing and materials for utility billing and customer outreach; and
WHEREAS, on August 4, 2022, the City and Infosend, Inc. entered into a First Amendment to the Professional Services Agreement for the printing, mailing and materials for utility billing and customer outreach with an additional one (1), three (3) year options to extend with a new term date of December 31, 2024; and WHEREAS, on July 11, 2023, the Second Amendment to the Professional Services Agreement with Infosend, Inc. amended the contract amount not to exceed $285,000; and
WHEREAS, to continue to provide utility billing services through Infosend, Inc. through December 31, 2024, the Professional Services Agreement needs an additional increase of $12,000 for the established term and a revised not-to-exceed amount of $297,000.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. Approval of the third amendment with Infosend, Inc. to increase the not to exceed amount from $285,000 to $297,000, an increase of $12,000 to continue to provide utility billing services.

SECTION 2. The effective date of this third amendment
will be the date of approval of this Resolution, September 10, 2024.

PASSED, APPROVED AND ADOPTED this 10th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of September, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

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00091753.1

THIRD AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
INFOSEND, INC.

A CALIFORNIA CORPORATION
DATED: JULY 10, 2024

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00091753.1 Page | 1

THIRD AMENDMENT TO AGREEMENT
This Third Amendment to the Agreement for Professional Consultant Services for Print, Mail, and Materials for Utility Billing and Customer Outreach is made and entered into as of this 11th day of July, 2024, by and between the City of Hemet (“City”), a California municipal corporation and InfoSend, Inc., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Agreement for Professional Consultant Services” dated April 29, 2020 (“Agreement”) for the purpose of retaining services of Consultant to provide Print, Mail, and Materials for Utility Billing and Customer Outreach
B. On August 4, 2022, the First Amendment exercised the first option to extend the term of the contract from December 31, 2021 to December 31, 2024.

C. On July 13, 2023, the Second Amendment increased the total not to exceed compensation amount from $4,536 per month to $285,000.

D. Pursuant to Section 6 of the Agreement, the Parties desire to amend the Agreement to further increase the not-to exceed compensation amount.

E. This Third Amendment amends Attachment B to provide that the Compensation shall not exceed Two Hundred and Ninety-Seven Thousand Dollars ($297,000.00).

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [COMPENSATION]. Attachment B of the Agreement is hereby amended to increase the Not to Exceed Amount to Two Hundred and Ninety-Seven Thousand Dollars ($297,000.00).

2. MANDATORY INVOICE INFORMATION/NOTICES.

Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not

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00091753.1 Page | 2
to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

3. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

4. INTEGRATION. This Amendment consists of pages 1 through 3, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

5. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.

7. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]

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00091753.1 Page | 3
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: City Council
Submitted by: Mark Prestwich, City Manager
Benigno Sandoval, Economic Development Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Consideration of City of Hemet Permitting Fee Waiver, Road Closure, and Staff Overtime for Dia De Los Muertos Festival on November 1, 2024
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve waiving the City of Hemet permitting fees of $1,660.66, Road Closure on Harvard Street, and Staff Overtime for the Dia De Los Muertos Festival on November 1, 2024, presented by the Lamas Housing Project on Harvard Street
BACKGROUND:

The Lamas Housing Project has submitted a request to host the 3rd Annual Dia De Los Muertos Festival on Harvard Street on November 1, 2024. The festival is open to residents of all ages to enjoy a day full of entertainment at no-cost.

The Dia De Los Muertos event plans a variety of entertainment areas to select from. The event expects over 80+ vendors to give away promotional items, tickets, swag, food coupons, and much more. A Car Show component is planned as well with over 30+ cars expected to attend. In addition, a Kid’s Zone will be available with a variety of children's games, give food trucks, and a Resource section to assist local businesses with business solutions at no cost. Lastly, a music stage will provide live music entertainment throughout the event.

The event is planned to take place behind the Hemet City Library on Harvard Street, Friday November 1st from 2pm-10pm. North Harvard Street would be closed off for the duration of the event along with a few hours before/after for set-up and clean-up.

ANALYSIS:

City of Hemet permitting fees are as follows:

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* PLANNING FEES 2695-120-0224
- BUILDING PERMIT PLAN REVIEW BY PLANNING 2695-120-0224 = $100.00 * MICROFILM REPRODUCTION FEE 2636-120-0636
- MICROFILM 11 X 17 OR LESS 2636-120-0636 = $5.00
* FIRE PLAN REVIEW 2631-110-0631
- GENERATOR FIRE PLAN REVIEW 2631-110-0631 = $92.00
- SPECIAL EVENT FIRE PLAN REVIEW 2631-110-0631 = $184.00 * FIRE DEPARTMENT PERMITS 5630-110-0632
- GENERATOR FIRE PERMIT 5630-110-0632 = $96.46
- SPECIAL EVENT FIRE PERMIT 5630-110-0632 = $59.00
* ELECTRICAL PLAN REVIEW 2630-120-0630
- GENERATOR 10KW OR LESS PLAN REVIEW 2630-120-0630 = $184.00 * ELECTRICAL PERMIT FEES 2630-120-0630
- GENERATOR UNDER 10 KW PERMIT 2630-120-0630 = $276.00
* BUILDING PROCESSING FEE 2221-120-0221
- PERMIT PROCESSING FEE BUILDING/FIRE/PLANNING 2221-120-0221 = $92.00 * BUILDING PLAN REVIEW 2630-120-0630
- CARNIVAL OR FOOD TRUCK EVENT PLAN REVIEW 2630-120-0630 = $184.00 * BUILDING PERMITS 2221-120-0221
* CARNIVAL OR FOOD TRUCK BUILDING PERMIT 2221-120-0221 = $368.00 * BUILDING STANDARDS FEE 2895-120-2019 = $1.00
* PLAN STORAGE 2635-120-0635 = $3.60
* SEISMIC FEE COMMERCIAL 2651-110-2039 = $5.60
* TECHNOLOGY FEE - BUILDING 2291-120-0291 = $4.00
* TRAINING FEE 2694-120-0223 = $6.00
Total = $1,660.66
DISCUSSION:

N/A
STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

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GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

Objective 1: Develop business practices that welcome new development by streamlining processes.

Objective 2: Provide resources for new businesses to enhance the customer service experience.

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 3: Increase the community's pride within the City.

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 1: Develop concepts and programs to increase opportunities for youth recreation.

Objective 2: Develop concepts and programs to enhance the quality of life services.

Objective 3: Develop programs to offer support to the community's businesses GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

Objective 4: Increase employee retention by training and creating a positive workplace.

FISCAL IMPACT:
* If the waiver is approved, the City will not collect fees of $1,660.66 to cover the cost of services. The City will absorb the cost of overtime for Public Works Staff. However, the economic stimulus from this community event is expected to significantly or entirely offset waived permit fees and overtime. * Public Work Staff - three employees for four hours overtime/each (two hours set up/two hours take down) = $950
*Facility Tech- one Employee (10 hours overtime) = $880 *Equipment Cost (K-Rail/In-kind) = $500
* Fire overtime (Inspection) = (two hours) $300
Total = $1,775
ALTERNATIVE(S):

Not applicable
ATTACHMENT(S):

Dia De Los Muertos - Map
Dia De Los Muertos - Letter

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TRASH & RECYCLE CONTAINERS

FLOW OF TRAFFIC
EVENT NOVEMBER 1, 2024
AUGUST 1, 2024

ENTRANCE ENTRANCE
EXIT

EVENT PARKING

EVENT PARKING
EVENT
ALTER

DISABLED
10’ GAS LINE
10’ GAS LINE
X
X
x FOOD
10’ GAS LINE
10’ GAS LINE
10’ GAS LINE
10’ GAS LINE
10’ GAS LINE
X
X
X
X
X
10’ GAS LINE
10’ GAS LINE

EVENT SVCS
X
X

RESTROOM
&
WASH

STATION
VIP

PARKING

OVERFLOW CAR SHOW

PARKING
10’ GAS LINE X

RESTROOM
&
WASH

STATION ART

EXIBITION
10’ GAS LINE
X

DISABLED

PARKING

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W
Lamas Housing Project
2227 E. Florida Ave
Hemet CA 92544
August 12, 2024
Mark Prestwich
City Manager, City of Hemet
Hemet, CA 92543
Dear Mr. Prestwich,
i am writing to extend my heartfelt thanks for the City of Hemet's support of our 2nd Annual Dia de Los Muertos celebration. Your partnership was instrumental in ensuring the event's success and creating a memorable experience for our community. This years event is planned for:

Date: November ist, 2024
Time: 2:00 PM — 10:00 PM (Main Event at 7:00 PM)
Location: N. HARVARDSTREET, Downtown Hemet
he City's support allowed us to celebrate this important cultural tradition with the community in a meaningful and engaging way. The event brought together residents from all walks of life to honor our loved ones, share in our rich cultural heritage, and foster a deep sense of unity.

As we plan forthe upcoming 3rd Annual Dia de Los Muertos, | kindly request your continued support in helping us coverthe permit fees and some of the logistics necessary for the event's success. With the growing popularity of the event, we anticipate an even

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the cultural and educational components of the celebration, further enhancing the event's value to the community.

We deeply appreciate the City of Hemet's continued commitment to supporting events that strengthen our community and celebrate our diverse cultural heritage. Your partnership has been vital to our success, and we are excited to continue working togetherto make the Dia de Los Muertos celebration an enduring and cherished tradition in Hemet.

Thank you for considering our request. i look forward to further discussing how we can collaborate to make this year's event another resounding success.

Respectfully,
SoniaLamas,
Founder, Lamas Housing Project
951-390-9200

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Veronica Allen, Management Analyst;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, to Approve the Community Development Block Grant - Coronavirus (CDBG-CV) Hemet CARES Business Support Grant Funding Recommendation for El Patron Mexican Grill and Entertainment RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

A Resolution of the City Council of the City of Hemet, California, to Approve the Community Development Block Grant - Coronavirus (CDBG-CV) Hemet CARES Business Support Grant Funding Recommendation for El Patron Mexican Grill and Entertainment.

BACKGROUND:

In response to the economic hardships experienced by small businesses during the COVID-19 pandemic, the City of Hemet established the Hemet CARES Business Support Program, as part of the Hemet CARES Initiative (Coronavirus Aid, Relief and Economic and Security Act).

The City of Hemet applied for CDBG Funds in February 2021 and was awarded $320,000 to provide 32 $10,000 grants to eligible Hemet businesses. On April 27, 2021, the City Council reconvened the CDBG-CV Ad Hoc Committee with Council Members Linda Krupa and Russ Brown. The Ad Hoc Committee reallocated CDBG-CV 3 funds from a canceled project, resulting in $360,000 being available for the Hemet CARES Business Support Program. Staff developed the following criteria based on U.S. Department of Housing and Urban Development (HUD) reporting requirements:

1. Demonstrate use of CDBG-CV funds only for activities that prevent, prepare for, and respond to coronavirus; and

2. Demonstrate benefit to low-and-moderate-income (LMI) persons (must invest at least 70% of CDBG-CV grant funds for activities that benefit LMI persons); or

3. Meet a need having a particular urgency (referred to as urgent need); or

4. Aid in the prevention or elimination of slums or blight; and

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5. Demonstrate the use of funds to provide either (1) jobs or (2) goods and services to a low- and moderate-income area.

HUD also provided an alternative individual public benefit standard to allow grantees to demonstrate that CDBG assistance was provided due to business disruption related to coronavirus (in which case, no monetary standard applies).

ANALYSIS:

Based on HUD's requirements for grantees, and the information the City is required to report, staff developed the following evaluation criteria. Staff modeled the evaluation criteria after completing a survey of other cities. The five criteria to evaluate applications are:

1. Percentage of net income loss/gain;

2. Age of business;

3. Current number of employees (including independents that work in the establishment full-time);

4. Anticipated unmet financial need; and

5. Location – within City of Hemet boundary lines.

All applications with scores of 50 points and higher qualify for the full $10,000 grant. Each recipient provides periodic reporting to track the spending of funds and the subsequent impact.

Based on the criteria (Attachment 1), a full ten points are provided for businesses within City limits; more points are given for longer-term businesses and businesses with more employee impact.

DISCUSSION:

In previous CDBG-CV funding rounds, 30 small businesses received grant funding. The remaining grant funding of $60,000 is available until the grant performance period ends in July 2026. If the grant application for El Patron is approved, the remaining Hemet CARES Business Support allocation balance would be $50,000.

The City received one application from El Patron Mexican Grill and Entertainment that qualified under the criteria. The newly reconvened CDBG Ad Hoc Committee consisting of Council Member Krupa and Council Member Peterson met on August 12, 2024, to review and recommended approval of the CDBG-CV Hemet CARES Business Support El Patron grant application.

Staff therefore recommends the adoption of the resolution (Attachment 2) and approval of grant funding to El Patron Mexican Grill and Entertainment.

PREVIOUS COUNCIL ACTION:

On November 10, 2020, this item was presented to the Hemet City Council for consideration and request to approve the Substantial Amendment for the CDBG-CV round 1 funding allocation. City Council approved by a vote of 5/0.

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On February 23, 2021, this item was presented to the Hemet City Council for consideration and request to approve the Substantial Amendment for the CDBG-CV round 3 funding allocation. City Council approved by a vote of 4/0.

On April 27, 2021, a request to reconvene the CDBG-CV Ad Hoc committee was presented to Hemet City Council for consideration, and Council Members Brown and Krupa were reactivated to reallocate 2020-21 CDBG-CV funding. City Council approved by a vote of 4/0.

On June 22, 2021, the Council approved the Community Development Block Grant - Coronavirus (CDBG-CV3) Substantial Amendment. City Council approved by a vote of 4/0.

On January 25, 2022, The Council approved the ratification of the Community Development Block Grant - Coronavirus Hemet CARES Business Support Criteria and Funding Recommendations for Round One and Two. City Council approved by a vote of 4/0 On September 13, 2022, the Council approved the Community Development Block Grant - Coronavirus (CDBG-CV3) Round 3 Funding Recommendation. City Council approved by a vote of 5/0.

On March 28, 2023, the Council approved the Community Development Block Grant - Coronavirus (CDBG-CV3) Round 4 Funding Recommendation. City Council approved by a vote of 4/0.

STRATEGIC PLAN INTEGRATION:

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

The proposed action aligns with Partnership and Collaboration objective:

Objective 3: Develop programs to offer support to the community's businesses FISCAL IMPACT:

There is no General Fund impact. CDBG-CV funds are included in the FY 2024/25 Community Development Block Grant budget, Fund 240.

ATTACHMENT(S):

Attachment 1: CDBG-CV Scoring Criteria
Attachment 2: A Resolution of the City Council of the City of Hemet, California, to Approve the Community Development Block Grant – Coronavirus (CDBG-CV) Hemet Cares Business Support Grant Funding Recommendation
Attachment 3: Hemet care ranking sheet - El Patron
Attachment 4: El Patron CDBG-CV application

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EXHIBIT A

HEMET CARES SMALL BUSINESS SUPPORT GRANT PROGRAM
Scoring Criteria
First, the Reviewing Committee which comprises of staff members will verify business eligibility based on self-reported data submitted on the application for the eligibility criteria set forth in the Program Guidelines.

Staff will review submit eligible applications based upon five criteria. Scores will be added and result in a sum total score.

1. Percentage of net income loss/gain

2. Age of business

3. Current number of employees (including independent that work in establishment full-time)

4. Anticipated unmet financial need

5. Location within Hemet City boundary lines
All applications receiving a total score of 50 points and higher based on the five criteria will be submitted to the Reviewing Committee for approval. All applications will be scored on a scale of 0 78 points. Each of the criteria is worth between a minimum of 0 points and a maximum of 20 points. Should there be a tie in scores, net income loss percentages will be compared by the hundredth/thousandth decimal.

Selection criteria are weighted as follows:

Percentage of net income loss: Compare current net income to pre-pandemic net income. - 0-24% net income loss: 4 points - 25-49% net income loss: 8 points - 50-74% net income loss: 12 points - 75% or higher net income loss: 20 points Age of business: To support longstanding businesses. - Less than 1 year: 0 points - 1-2 years: 4 points - 3-5 years: 8 points - 5+ years: 16 points Employee impact: Total number of current and/or will-hire employees for job creation. - 1 employee: 2 points - 2-4 employees: 4 points - 5-10 employees: 8 points - 11+ employees: 16 points

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Anticipated unmet financial need: - $1,000 - $2,500: 4 points - $2,501 - $5,000: 8 points - $5,001 - $7,500: 12 points - $7,501 or more: 16 points Location: Business address must be located within City of Hemet district lines - Within Hemet boundaries: 10 points - Not within Hemet boundaries: 0 points Any business that does not meet the minimum 50-point scale, staff will evaluate the demonstrated need and if the business is a microenterprise, staff may submit the application to the Reviewing Committee for approval. Staff reserves the right to consider all circumstances surrounding impact from the pandemic, including access to additional/outside capital and/or other COVID-19 relief assistance when determining final grant recipients.

Grantees are responsible for articulating the impact they experienced due to the pandemic before and throughout the grant reporting period. Staff will verify business eligibility based on self-reported data, and may ask for additional information for qualification. Application does not guarantee approval. All applicants must qualify under the HUD guidelines.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEMET, CALIFORNIA, TO APPROVE THE COMMUNITY
DEVELOPMENT BLOCK GRANT – CORONAVIRUS
(CDBG-CV) HEMET CARES BUSINESS SUPPORT GRANT

FUNDING RECOMMENDATION FOR EL PATRON

MEXICAN GRILL & ENTERTAINMENT
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), Public Law 116-136, was signed by President Donald J. Trump on March 27, 2020, and made available Five Billion Dollars ($5,000,000) in U.S. Department of Housing and Urban Development (“HUD”) Community Development Block Grant Coronavirus (“CDBGCV”) funds, to prevent, prepare for, and respond to the coronavirus pandemic (“COVID 19”); and
WHEREAS, the first allocation of CDBG-CV funds was based on the fiscal year 2020 entitlement formula, pursuant to which the City received an allocation of CDBG-CV funds in the amount of Five Hundred Forty-Two Thousand Five Hundred and TwentyNine Dollars ($542,529) (“CDBG-CV1”); and WHEREAS, HU’s subsequent allocations of CDBG-CV funds were based on a formula for geographical areas that considered factors such as the risk of transmission of COVID-19, high numbers or rates of sheltered and unsheltered homeless, and economic and housing market conditions as determined by HUD, pursuant to which the City

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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received Five Hundred Thirty-Five Thousand Seven Hundred and Seventy-Three Dollars ($535,773) for HUD’s third allocation of CDBG-CV funds (“CDBG-CV”); and WHEREAS, the City Council, on February 23, 2021, approved the Community Development Block Grant-Coronavirus Substantial Amendment to the 2020/25 Consolidated Plan and 2020/21 Annual Action Plan; and
WHEREAS, the City Council, on February 23, 2021, approved a program that would assist small businesses impacted by COVID-19 (Hemet CARES Business Support Program”); and
WHEREAS, the City Council, on April 27, 2021, reconvened the CDBG Ad Hoc Committee of Council Members Linda Krupa and Russ Brown to reallocate CDBG-CV funds from a cancelled project; and
WHEREAS, the City Council, on June 22, 2021, approved the Community Development Block Grant-Coronavirus (CDBG-CV) Substantial Amendment to the 2020- 25 Consolidated Plan and 2020/21 Annual Action Plan due to the reallocation of funds; and
WHEREAS, the CDBG Ad Hoc Committee met on June 21, 2021, November 18, 2021, and the newly organized CDBG Ad Hoc Committee (Lilienthal and Males) convened on January 13, 2022, and August 16, 2022, to review and evaluate the grant applications for the Hemet CARES Business Support Program, and the newly organized CDBG Ad Hoc Committee (Krupa and Peterson) convened on August 12, 2024; and WHEREAS, the Ad Hoc Committee recommended issuing grants to one (1) eligible application, in the amount of Ten Thousand Dollars ($10,000) per grant application in CDBG-CV funds.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. The above recitals are all true and correct.

SECTION 2. The City Council accepts and awards one CDBG-CV Hemet CARES Business Support Grant Award to:

1. El Patron Mexican Grill & Entertainment
SECTION 3. This Resolution shall take effect upon its adoption.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED AND ADOPTED this 10th day of September, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 10th day of September, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

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BUSINESS % of NET INCOME LOSS AGE OF BUSINESS EMPLOYEE IMPACT ANTICIPATED $ NEED LOCATION SCORE Date App submitted 4-20 POINTS 4-16 POINTS 4-16 POINTS 4-16 POINTS 10 POINTS El Patron 20 16 4 16 10 66 3/25/2024
FUNDING ROUND 5: July 1, 2024 - July 30, 2025

RANKING SHEET

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BUSINESS SUPPORT GRANT

PROGRAM

CITY OF HEMET CARES

APPLICATION

3.? #6

APPLICATIONS ARE CITY HALL
ACCEPTED ON A 445 E FLORIDA AVE,
HEMET CA 92543

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f H m ARES
Supp rt Grant Pr gram
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FY2020—2021
Cityo e etC
si ess o 0
Please submit your application along with the following required documents:

A completed City of Hemet CARESBusiness Support Grant Application Recent bank statement to prove existence of business banking account Copy of lease/grant deed demonstrating proof of commercial/industrialbusiness address If lease, documents must show the name of lessee and lease term For grant deed, documentation must show the name of the property owner Scan and email this application along with the required supporting documents to HemetCares®hemetcagov
Current City of Hemet business license
Driver's license official Identification/ state identification A completed W—9Form
usiness AND personal tax returns (all pages)
Businesses established before January 2020, please submit 2019 and 2020 taxes Businesses established since January 2020, please submit 2020 and 2021 taxes onthly AND annual profit and loss (PL) statements
Businesses established before January 2020, submit 2019 and 2020 PL statements Businesses established since January 2020, submit 2020 and 2021 PL statements Employee self—certificationform(s) of household income for qualifying employee(s) as low/moderateincome
Business owner self—certification form of household income for qualifying as a low/moderatebusiness owner
ayroll list
Other documentation supporting economic impact that has resulted from COVlD—19(details of economic impact, i.e., revenue loss, reduction in employee hours, layoffs, furloughs, business hours, etc.)
Application Check List

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C r
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Name of Business
(including acronym or
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Full Name of Owner &
Contact Person
(include Mr., Mrs., Ms., etc.)
When was your business
established?
(month, year) Attach W—9
Legal Status
(circle one)
Physical Address of
Business
(street, city, state, zip code)
Mailing Address
(if different from physical
address)
Phone Number of
Contact Person
(include country and area codes)
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Length of Time You Have Been in
Business in Hemet:

Date:

General Business Information
Business Description (use and allaeh ex1ra paper if needed)

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f H m t ARES
11 Support Grant P r m
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YES
Ciyo e e
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Fax Number
(if applicable)
Email
(most used for business)
Website
(if applicable)
Unique Identity Number
samgov/content/duns—uei
SAMCAGE#
Tax ID/EIN#
DBA(if applicable)
Is the business in good
standing with the City of
Hemet?
(attach business license)
If you lease, are you current
with rent in Hemet through
March 2021?
Number of Employees
Has the business filed for
bankruptcy in the past 7
years?
C
Prior to March 2020:

YES
YES
Current:

FY2020—2021
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NO
NO
NO
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Business InFormation

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t f H m t ARES
Bu 11 Support Grant Pr gram
aga@?
FY2020—2021
Ciyo e eC
Sl ess 0
Number ofJobsExpected
to be Created or Retained
by this Grant (can
include fractions)
? 3
:3
Prior Year Revenues
How have the government mandates during the COVID—19emergency affected your business? Please include documentary evidence of the impacts as attachments to your application:

Lasg Moi pct/mac. lnCon/r‘ni
7:504a Nico/”CIs the business currently the subject of a collection action, involved in a lawsuit, or have a judgement
Circle: YES NO If yes, please explain why below:

Business Financial Information

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me ARE
Supp :- Gan Prg m
QOO
FY2020—2021
Cyo eetC S
sess otrtora
Have you applied for any other governmentalassistance because of the COVID19 emergency? Please attach additional pagesif necessary.

Source
Paycheck
Protection
Program
Economic
Injury
Disaster
Loan
Express
Bridge Loan
Debt Relief
Program
Other
Other
Grant Loan How did you use
Term Rate Amount
(Yes/No) (Yes/No) these funds?
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$746f595-00a (Len!—
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905 5‘.was
Loan/Gram Application History

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t me ARES
Bu n Supp 1- Gran P gram
’Eoul,val/La!frnJ
$32,001)
FY2020-2021
Ciyo e etC
siess at t ro
Please describe how you will use the funds for reimbursement during the COVID—19pandemic between 2020 and 2021. Please ensure you are requesting reimbursement for eligible costs (read the Information Packet.) Eligible Use Amount How will you use these funds?
Rent/Mortgage
Personal Protection
Equipment (PPE) M/A
Payroll
Supplies/
Materials/ Equipment
Other
Total qé //Z???
3,000

1.000
$LOOO
— Business Roliol'Gram Utilization

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H m ARES
Bu n Supp r Grant Pr g am
NH ?lm: 9;. 3 «1,4
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FY2020—2021
City of e etC
si ess o t o r
The applicant warrants and represents that no City Council Member, City Staff Member, Commission Member, Committee Member, and/or any person who is subject to the provisions of the City’sCon?ict of Interest Code, has any ownership interest of any kind or amount in the business for which the grant would be issued, or would otherwise receive a financial benefit from any grant which may be extended to applicant and/or for the business. By accepting this grant, 1 agree to comply with the current and future guidelines and other requirements as set forth by the City of Hemet.

I attest that I have read and understood the application, and that the City of Hemet will review the same to determine whether or not to provide a grant. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

The applicant confirms that the following attachments have been included in the application package:
0 A completed City of Hemet CARESBusiness Support Grant Application 0 Current City of Hemet business license
- Driver's license official ldentification/ state identification 0 A completed W—9Form
- Business ANDpersonal tax returns (all pages)
0 Businesses established before January 2020, please submit 2019 and 2020 taxes 0 Businesses established since January 2020, please submit 2020 and 2021 taxes 0 MonthlyAND annual profit and loss (PL) statements
0 Businesses established before January 2020, submit 2019 and 2020 PLstatements 0 Businesses established since January 2020, submit 2020 and 2021 PL statements 0 Employee self—certificationform(s) of household income for qualifying employee(s) as low/moderate income
Business owner self—certificationform of household income for qualifying as a low/moderate business owner
0 Payroll list .Recent bank statement to prove existence of business banking account 0 Copy of lease/grant deed demonstrating proof of commercial/industrialbusiness address 0 If lease, documents must show the name of lessee and lease term 0 For grant deed, documentation must show the name of the property owner 0 Other documentation supporting economic impact that has resulted from COVID—19(details of economic impact, i.e., revenue loss, reduction in employee hours, layoffs,furloughs, modified business hours, etc.) If selected, in order to comply with regulations set forth by the US. Department of Housing and Urban Development, additional information will be required from the business including demographic and economic data.

Name (Print) Date
Signature

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 10 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding Onyx Paving Company, Inc. the McSweeny Parkway Street Improvements, CIP 5698B, in the Amount of $498,000, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $49,800; Approving Materials Testing in the Amount of $20,000; Authorizing the Administrative Services Director to Increase Estimated Revenues and Establish Appropriations of $117,800 in Fund 370; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding Onyx Paving Company, Inc. the McSweeny Parkway Street Improvements, CIP 5698B, in the Amount of $498,000, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $49,800; Approving Materials Testing in the Amount of $20,000; Authorizing the Administrative Services Director to Increase Estimated Revenues and Establish Appropriations of $117,800 in Fund 370; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

BACKGROUND:

On March 12, 2019, the City Council adopted Resolution No. 19-019, which amended Resolution No. 4662 and approved a revised form Funding, Construction and Acquisition Agreement (Agreement) with McSweeny Recovery Acquisition, LLC (Developer) for the McSweeny Farms Specific Plan area, which is funded through a Community Facilities District (CFD) established and administered by the California Statewide Communities Development Authority (CSCDA) at the request of the Developer.

Subsequently, the Developer deposited funds with the City in order to cover the costs of preparation of several bid packages by City staff. The bid packages consisted of City prepared specifications along with plans that were designed by consultants previously contracted with the Developer.