Hemet City Council
March 25, 2025

15.F.

a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies

15.F.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 25 2025
Department: Public Works
Submitted by: Mark Prestwich, City Manager
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 First Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc., for the Management, Use, and Maintenance of the Brubaker Park Baseball Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the First Amendment to the License Agreement in Final Form as Approved by the City Attorney 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 First Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc., for the Management, Use, and Maintenance of the Brubaker Park Baseball Complex located at the Intersection of Cawston Avenue and Mustang Way, and Authorizing the City Manager to Execute the First Amendment to the License Agreement in Final Form as Approved by the City Attorney.

BACKGROUND:

The Brubaker Park Baseball Complex is designed to provide playing fields from T-Ball to Little League, and Senior League. The complex includes amenities such as a fully-equipped concession stand and adequate parking facilities to accommodate league play and tournament events.

The City entered into a License Agreement with Hemet Little League Baseball & Softball Inc. in February 2024 for the management, use, and maintenance of the Brubaker Park Baseball Complex.

Hemet Little League has had a successful first year with strong participation in their first Spring and Fall seasons along with their hosting of tournaments and events.

The Hemet Little League Board President reached out to staff requesting to amend the agreement to provide their League a longer initial term that would offer them additional stability and assist in attracting further investment into the program.

15.G.

ANALYSIS:

The proposed First Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc. would add six years to the term making the expiration approximately ten years from now.

It would also increase the maximum allowable capital improvement amount to the common building from $25,000 to $50,000 to coincide with longer term.

DISCUSSION:

The experience that District 28 Little League brings in coordinating league programming, contracting for field maintenance, and concession operations has proven to be a benefit to the City during the first year of partnership. Extending this partnership will ultimately offer our community additional baseball and softball programming that is in high demand in the Hemet/San Jacinto Valley.

PREVIOUS COUNCIL ACTION:

January 9, 2024: The City Council approved a license agreement with Hemet Little League Baseball & Softball Inc. for the management, use, and maintenance of the Brubaker Baseball Complex.

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.

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 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.

FISCAL IMPACT:

The proposed amendment to the license agreement is anticipated to have a positive impact on the general fund as the licensee is responsible for the operation and maintenance costs of the facility and

15.G.

after one more year of their agreed upon establishment period, they will contribute specified revenues towards extraordinary maintenance and future improvements of the facility.

ALTERNATIVE(S):

1. Do not approve the proposed amendment to the license agreement with Hemet Little League Baseball and Softball Inc.

2. Provide City Manager with alternative direction.

REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):

Attachment 1 - Resolution Hemet Little League Amendment No.1 Attachment 2 - HLL License Agreement Proposed First Amendment R1 Attachment 3 - HLL Licesnse Agreement Feb 2024

15.G.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE FIRST

AMENDMENT TO THE LICENSE AGREEMENT WITH
HEMET LITTLE LEAGUE BASEBALL & SOFTBALL INC.,

FOR THE MANAGEMENT, USE, AND MAINTENANCE OF

THE BRUBAKER PARK BASEBALL COMPLEX

LOCATED AT THE INTERSECTION OF CAWSTON

AVENUE AND MUSTANG WAY, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE FIRST AMENDMENT

TO THE LICENSE AGREEMENT IN FINAL FORM AS

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

WHEREAS, the City of Hemet (City) and Hemet Little League Baseball & Softball Inc. (Licensee) entered into an agreement entitled “License Agreement for Use of Brubaker Park Baseball Complex” dated February 26, 2024 (“Agreement”) for the purpose of the Licensee to exclusively use the Brubaker Park Baseball Complex.; and WHEREAS, the Licensee president contacted City staff requesting to amend the Agreement to extend the initial term by six years to provide the members of the League a stronger sense of stability and to potentially help attract investments into the League with a demonstrated longer-term commitment; and
WHEREAS, the Licensee has demonstrated a strong first-year performance with their programming and is showing strong numbers of program participants entering their second year; and

15.G.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
WHEREAS, an initial agreement term increase of six years is anticipated to grow the Licensee’s proportional not to exceed total requirements for Capital Improvements and Repairs to the common buildings (snack and restroom building) and the maximum amount is requested to increase from $25,000 to $50,000 over the full term of the License Agreement.; and
WHEREAS, staff recommends that the City Council approve the First Amendment to the License Agreement with Hemet Little League Baseball & Softball Inc. for an additional six years added to the initial term based on their first-year performance and to assist them in attracting additional investment into their program through a longer-term commitment.

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

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

SECTION 2. APPROVAL – The City Council approves the first amendment to the license agreement with Hemet Little League Baseball & Softball Inc. in final form as approved by the City Attorney.

SECTION 3. AUTHORIZATION - The City Council authorizes the City Manager to execute the first amendment to the license agreement.

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

15.G.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED this 25th day of March, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.G.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 25th day of March, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

15.G.

00091753.1

FIRST AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
HEMET LITTLE LEAGUE BASEBALL & SOFTBALL INC.

A CALIFORNIA NONPROFIT CORPORATION
DATED: MARCH 26, 2025

15.G.

00091753.1 Page | 1

FIRST AMENDMENT TO AGREEMENT
This First Amendment to the License Agreement for use of Brubaker Park Baseball Complex is made and entered into as of this 26th day of March, 2025, by and between the City of Hemet (“City”), a California municipal corporation and Hemet Little League Baseball & Softball Inc., a California nonprofit corporation (“Licensee”). City and Licensee are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Licensee entered into an agreement entitled “License Agreement for Use of Brubaker Park Baseball Complex” dated February 26, 2024 (“Agreement”) for the purpose of the Licensee to exclusively use Brubaker Park Baseball Complex.

B. Pursuant to Section 19 of the Agreement, the Parties desire to amend the Agreement to extend the term and increase the Licensee’s proportional not to exceed total of Capital Improvements and Repairs over the full term of the License Agreement.

C. Section 3 of the Agreement provides that the Term of the Agreement is through June 30, 2029 with the option to extend for a subsequent five (5) year period upon request.

D. This First Amendment amends Section 3 of the Agreement to provide that the Term of the Agreement is extended through June 30, 2034 with the option to extend for an additional subsequent five (5) period.

E. Section 5(b) of the Agreement provides that the Licensee shall pay its proportional share of the capital repairs or improvements which are hereby agreed to be fifty percent (50%), but shall not exceed a total of Twenty-Five Thousand Dollars ($25,000) over the initial term of this License Agreement.

F. This First Amendment amends Section 5(b) to provide that the Licensee shall pay its proportional share of the capital repairs or improvements which are hereby agreed to be fifty percent (50%), but shall not exceed a total of Fifty Thousand Dollars ($50,000) over the term of this License Agreement. Licensee shall pay an additional share towards the capital repairs or improvements if the optional five (5) year extension period is exercised.

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:

15.G.

00091753.1 Page | 2

1.1 [TERM OF LICENSE]. Section 3 of the Agreement is hereby amended as follows:

Unless terminated pursuant to the terms of this Agreement, this License Agreement shall expire on June 30, 2034. The term of this License may be extended for a subsequent five (5) year period upon request by the Licensee on or before February 1, 2034 and approval by the City Council prior to expiration.

1.2 [COMPENSATION]. Section 5(b) of the Agreement is hereby amended as follows:

Should it become necessary to make any capital repairs or improvements to the common buildings (restrooms/snack shack) of the Premises, including roof or plumbing repairs or replacement, Licensee shall pay its proportional share of those costs which is hereby agreed to be fifty percent (50%), but shall not exceed a total of Fifty Thousand Dollars ($50,000) over the initial term of this License Agreement. Licensee shall pay an additional share towards the capital repairs or improvements if the optional give (5) year extension period is exercised. In the event that the cost of any capital repairs or improvements or exceeds five thousand dollars ($5,000), Licensee may make periodic payments of the amount in excess of five thousand dollars ($5,000) over the remaining initial term of this License Agreement. In no event shall any periodic payment be made in an amount less than five thousand dollars ($5,000) per year. The necessity of such repairs or replacements shall be determined at the sole discretion of City, which shall provide Licensee with sixty (60) days written notice of its intent to undertake any such project.

City shall make all reasonable efforts to schedule repairs and replacements at dates and times that will minimize impact on Licensee's operations, which shall include consulting with Licensee prior to scheduling any such work. Licensee shall cooperate to the fullest extent reasonable with City's efforts to complete repairs or replacements. City shall invoice Licensee for its share of repair or replacement costs, which shall be paid by Licensee within thirty (30) days of the invoice date.

15.G.

00091753.1 Page | 3

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

3. 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.

4. 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.

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

6. 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.

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

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

9. 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]

15.G.

00091753.1 Page | 4
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: ____________________________

LICENSEE
By:

Its:

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

LICENSE AGREEMENT FOR USE OF

BRUBAKER PARK BASEBALL COMPLEX
This LICENSE AGREEMENT is entered into this 26th day of, February 2024, by and between the City of Hemet, State of California ("City"), and HEMET LITTLE LEAGUE BASEBALL & SOFTBALL INC., a California nonprofit corpora�on ("Licensee").

RECITALS
A. City is the owner of nine (9) baseball diamonds, located in the Brubaker Park Baseball Complex and commonly known as Brubaker Park, as described more fully below and illustrated in Figure 1.

B. Licensee is a qualified Sports Management firm with specific exper�se, or that has demonstrated the ability to contract with an en�ty with specific exper�se, in the areas of Baseball Complex Opera�ons, including but not limited to: Field Enhancement and Final Prepara�on for Use, Field Maintenance, Concessionaire Opera�ons, Field Management and Scheduling, Marke�ng and Promo�on, and Capital Improvements.

C. Licensee has conducted baseball programs with varying different partnerships with the Ci�es throughout California District 28 Litle League specifically overseeing the seven leagues in Canyon Lake, Lake Elsinore, Menifee Valley, Murrieta, Temecula, Temescal Valley and Wildomar.

D. City and Licensee each desire that Licensee conduct its program at the Brubaker Park Baseball Complex located at Brubaker Park at the intersec�on of Cawston Avenue and Mustang Way.

E. City and Licensee each desire a new agreement between them se�ng forth in specific terms the circumstances under which Licensee may use the Brubaker Park Baseball Complex responsibility for maintenance of the premises, responsibility for the costs related to the use of the premises and the circumstances under which Licensee may make capital improvements to the premises.

AGREEMENT
NOW, THEREFORE, THE PARTIES HERE TO AGREE AS FOLLOWS:
1) Premises Licensed. The following is the Premises that is the subject of this License Agreement:
a) Brubaker Park Baseball Complex located at Brubaker Park (at the intersec�on of Cawston Avenue and Mustang Way) consis�ng of the described areas below and shown in Figure 1:
i) Nine (9) baseball diamonds, including infield and ou�ield grass, and dirt; ii) Two (2) dedicated parking areas adjacent to the ball fields; iii) Addi�onal Parking at the west parking area and along Cawston Avenue and Mustang Way; DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

iv) Full-service concessionaire building;
v) Restroom facili�es located at the concession building; vi) Outdoor picnic areas;
vii) Ba�ng cages;
viii) Bleachers; and
ix) Team support areas and dugouts.
2) Licensed Use of Premises. Licensee shall be en�tled to exclusively use the Premises, except the parking lot which is open to the public at large, during the following days/�mes:
a) Full �me use Sunday through Saturday (seven days per week) 24 hours per day, seven days per week, 12 months per year.
b) Notwithstanding the exclusive right to use the Premises during specified periods as set forth herein, City retains the right to enter the Premises at any �me so long as the entry does not unreasonably interfere with Licensee's use of the Premises. City reserves the right to enter Premises at any �me for emergencies.
3) Term of License. Unless terminated pursuant to the terms of this Agreement, this License Agreement shall expire on June 30, 2029. The term of this License may be extended for a subsequent five (5) year period upon request by the Licensee on or before February 1, 2029 and approval by the City Council prior to expira�on.
4) Maintenance. Licensee shall be fully responsible for maintaining the Premises as described above and shown in atached Figure 1. Licensee shall pick up and dispose of liter, trash or recyclables in the restrooms and parking areas during the hours of exclusive use of the Premises as described in Sec�on 2 above. This maintenance shall include but is not limited to: maintenance of the ball fields to meet appropriate play standards for various levels of baseball; turf and clay surface maintenance; mowing and cleaning of surrounding non-play areas; cleaning, stocking, and oversight of the restroom facili�es; and cleaning and maintenance of spectator use areas such as parking areas, walkways, bleachers, picnic areas, and team support areas including ba�ng cages, dugouts, and other facili�es. The City of Hemet shall provide parking lot sweeping services monthly with addi�onal sweeping arranged through the City when required. The kitchen and dining areas shall be maintained in a clean and sanitary condi�on and shall comply with all regula�ons regarding food service. Licensee shall be responsible for providing and maintaining adequate solid waste and recycling receptacles throughout the complex, and shall ensure that all receptacles are serviced a�er each day of play, including installa�on of new lines. Receptacles shall be inspected weekly and kept clean of all liquids and odor causing elements. City shall have the right to approve any vendor used by Licensee for landscape DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

maintenance. Licensee shall submit informa�on about any proposed landscape maintenance vendor not less than 60 days prior to changing landscape maintenance companies. 5) Capital Improvements and Repairs.
a) Licensee shall not undertake any capital repairs or improvements to the Premises without first obtaining the writen consent of City and without obtaining all permits and approvals as required by City Code, policies and guidelines, or as otherwise required by law. b) Should it become necessary to make any capital repairs or improvements to the common buildings (restrooms/snack shack) of the Premises, including roof or plumbing repairs or replacement, Licensee shall pay its propor�onal share of those costs which is hereby agreed to be fi�y percent (50%), but shall not exceed a total of twenty-five thousand dollars ($25,000) over the ini�al term of this License Agreement. In the event that the cost of any capital repair or improvement exceeds five thousand dollars ($5,000), Licensee may make periodic payments of the amount in excess of five thousand dollars ($5,000) over the remaining ini�al term of this License Agreement. In no event shall any periodic payment be made in an amount less than five thousand dollars ($5,000) per year. The necessity of such repairs or replacements shall be determined at the sole discre�on of City, which shall provide Licensee with sixty (60) days writen no�ce of its intent to undertake any such project. City shall make all reasonable efforts to schedule repairs and replacements at dates and �mes that will minimize impact on Licensee's opera�ons, which shall include consul�ng with Licensee prior to scheduling any such work. Licensee shall cooperate to the fullest extent reasonable with City's efforts to complete repairs or replacements. City shall invoice Licensee for its share of repair or replacement costs, which shall be paid by Licensee within thirty (30) days of the invoice date.
c) In no event shall City be responsible for the cost of any capital improvements or repairs to the Premises other than to the common buildings as described herein. Licensee shall be solely responsible for all damage to the Premises or other property, whether real or personal, including broken glass, resul�ng in any way from Licensee's use of the Premises. Licensee shall report to City the occurrence of all such damage within twenty-four (24) hours of occurrence or knowledge by Licensee, or, in the case of damage occurring between 5:00 p.m. on Friday through dusk the following Saturday, by no later than 9:00 a.m. the following Monday. Licensee shall not be responsible for any damage to the Premises that occurs not related in any manner from Licensee's use of the Premises.City reserves the right to inspect the Premises for damages periodically, with reasonable no�ce to Licensee.
d) Any capital improvements or repairs, whether undertaken or paid for in whole or in part by City or Licensee, shall be the sole property of City and shall remain with the Premises upon expira�on or termina�on of this License.
6) U�lity Costs. Licensee shall pay the costs of providing water, power and sewer services to the Premises. The Licensee will be billed by City for electric usage that exceeds the current level of usage DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

documented without an operator of the baseball facili�es. This baseline electricity cost was established over Fiscal Year 2022/2023 in which the average electric bill was $84.07. The City will bill the Licensee for costs in excess of $100 per month on a quarterly basis. The Licensee and will pay 55% of the water/sewer bill for the Park. This amount is based on the total irrigated area that is part of the baseball facility and the area that designated for general usage. As an informa�onal example, the total Fiscal Year 2022/2023 water/sewer costs were $41,257.59 with 55% totaling $22,691.67. Licensee shall be responsible for all u�lity charges associated with the opera�on of the concessionaire facili�es.

Refuse will be picked up from the facility twice per week and the service is provided at no charge to the Licensee. Licensee is required to have the bins out on scheduled pickup days. 7) Payment. A�er a two-year establishment period, Licensee shall make an annual payment of Twentyfive percent (25%) of net revenue collected from concession sales and tournament revenue. The City intends for these payments to be u�lized for extraordinary maintenance and capital improvements at the facility.

The Licensee shall provide the City a quarterly report of all financial ac�vi�es related to the Brubaker Park Baseball Facility and this report must include a detailed accoun�ng of the concession and tournament revenues and expenses. The City reserves the right to inspect and audit the Licensee’s books.

All payments required pursuant to this Agreement on July 1 of each year that such payments are due.

All payments shall be made in the form of a cashier's check or other form of payment sa�sfactory to City and shall specifically reference this License Agreement. All payments shall be mailed by first class mail or delivered in person to the Finance Department at City Hall. 8) Assignment. Licensee shall not assign any por�on of this License, or allow any use of the Premises by any other person or en�ty contrary to the terms of this License Agreement, without prior writen approval of City. This prohibi�on shall not extend to any person or en�ty using the Premises during the dates and �mes that use is not exclusive to Licensee. 9) Personal Property. Personal property of Licensee shall be Licensee's sole responsibility to acquire, repair, replace and store. Licensee shall remove its personal property at the expira�on or termina�on of this License Agreement. Any personal property not so removed shall become the sole property of City.
10) Insurance. Licensee agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Addendum “1” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in wri�ng by the City Manager.

Licensee agrees to provide City with copies of required policies prior to commencing use of the fields, under this agreement. The licensee shall no�fy the City in wri�ng within 7 days of any material adverse change in the insurance status.

DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

11) Taxes. Licensee shall pay to the County of Riverside or the State of California any and all taxes that may be due for use and occupancy of the Premises when the taxes are due, and the Licensee shall pay all permit, inspec�on, and license fees, and other public charges or assessments that arise from the Licensee's use or improvement of the Premises during the term of this License Agreement. 12) Indemnifica�on. To the fullest extent permited by law, Licensee shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representa�ves and agents (“Indemnified Par�es”) from and against any and all claims, ac�ons and proceedings (whether at law or equity, administra�ve or judicial), demands, orders, judgments, losses, injuries (including, without limita�on, injury to or death of any person, liabili�es of every kind (including, without limita�on, incidental and consequen�al damages, court costs, and li�ga�on expenses, and fees of expert consultants or expert witnesses incurred in connec�on therewith and cost of inves�ga�on), damages, costs and expenses, including atorney’s fees and costs, (collec�vely "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the subject mater of this Agreement. Licensee’s duty to indemnify, protect, defend and hold harmless Indemnified Par�es, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Par�es. 13) Damage and Destruc�on.
a) Damage or destruc�on of any por�on of the Premises by any cause shall not terminate this License Agreement or otherwise affect the respec�ve obliga�ons of the two par�es, any present or future law to the contrary notwithstanding.
b) If because of the destruc�on or damage to the Premises, the Premises becomes en�rely unsuitable or inadequate for the use specified herein, the City shall provide a pro rata rebate of the fee paid by the Licensee, calculated by mul�plying the daily fee by the number of days remaining on the term of this License Agreement a�er the date of the damage or destruc�on of the Premises.
c) Under no circumstances does the City have any obliga�on to provide the Licensee with an alterna�ve property to conduct its opera�ons, and the Licensee is solely responsible for obtaining such insurance as the Licensee deems appropriate to protect its interests should damage or destruc�on to the Premises occur.
14) Compliance with City Municipal Code. Licensee shall comply with all provisions of the City Municipal Code.
15) Termina�on.
a) License shall con�nue in full force and effect unless prior to February 1st of any calendar year of the License, any Party provides writen no�ce to the other Party of termina�on of the License for convenience and, upon such no�ce, the License Agreement shall terminate on June 30th of the same calendar year.

DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

b) The City may terminate this Agreement, with or without cause, and without penalty, at any �me by giving at least 30 days writen no�ce of termina�on to the Licensee. In the event of termina�on, Licensee shall be en�tled to a refund of any prepaid fees but no other payment. c) Licensee shall promptly terminate its use of the Premises at the termina�on of this License Agreement, leaving the Premises in the same condi�on it was received, in good order and repair, reasonable wear and tear and damage by the elements excepted. All improvements and altera�ons made by the Licensee shall become the property of the City upon termina�on of the License Agreement. Any improvement, fixture or personal property not removed by the Licensee within thirty (30) days of the termina�on of this License Agreement shall become the property of the City and may be disposed of as the City in its sole discre�on deems advisable. d) All accrued or accumulated fees for u�li�es or other payments due to the City shall be paid by the licensee upon an effec�ve termina�on date of the agreement. 16) No Property Rights. Nothing in this License Agreement is in any way intended to establish, convey, create, or otherwise grant to Licensee any form of property rights in the Premises, norshall such rights be established, conveyed, created or otherwise granted by Licensee's use of the Premises pursuant to this License Agreement. Licensee hereby acknowledges that it currently has no property interest in the Premises or any improvements thereto or fixtures loca�on thereon, and that any claim it may have to same is hereby and forever waived.
17) No�ces. No�ces to be given under this License Agreement shall be addressed as follows:

City of Hemet
Atn: City Manager
445 East Florida Ave.

Hemet, CA 92543
Hemet Litle League Baseball/So�ball Inc.

Aten�on: Hemet Litle League President
P.O. Box 972
Hemet, CA 92545
No�ces shall be delivered by first class, postage prepaid mail or in person. If mailed, a no�ce shall be deemed effec�ve on the fi�h day following deposit in the U.S. Mail. 18) Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this License Agreement cons�tute a con�nuing waiver of a subsequent breach of the same or any other provision of this License Agreement.
19) En�re Agreement. This License Agreement cons�tutes the complete and exclusive statement of the License Agreement between City and Licensee. No terms, condi�ons, understanding or agreements purpor�ng to modify or vary this License Agreement, unless herea�er made in wri�ng and signed by the party to be bound, shall be binding on either party.

DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT below.

CITY OF HEMET Licensee
By: ___________________________
Mark Prestwich
City Manager
By: ___________________________
Abel Mar�nez
Hemet Litle League President
Dated: ___________________________ Dated: ___________________________ Atest:___________________________
John Paul Maier
City Clerk
APPROVED AS TO FORM:

By: ___________________________
Steven Graham
City Atorney
DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256 2/28/2024 2/27/2024

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

Figure 1
Facility Boundary
DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

ADDENDUM “1” - INSURANCE
(A) INSURANCE REQUIREMENTS. Vendor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Vendor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Vendor shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Vendor shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Vendor shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Vendor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROPERTY INSURANCE. Replacement cost for tenant’s improvements and betterments, or if the lessee is responsible for the all-risk insurance on the property.

CRIME/FIDELITY BOND. Vendor shall maintain Fidelity Bond coverage or Commercial Crime insurance which shall be written on a “loss sustained form” or “discovery form” with limits of not less than $1,000,000 per occurrence for Employee Dishonesty, Fraud, Depositor Forgery, Money Orders & Counterfeit money, Fraudulent Fund Transfers, and Theft by Electronic Means. Said policy shall also include coverage for Money & Securities – On and Off Premises – including transportation by messenger, Fraudulent Instruction, Robbery and Burglary with limits of not less than $100,000 per occurrence. The Agency, its officers, employees, and agents shall be named as Loss Payees. If the policy is written on a “discovery form,” it must include an extended reporting period of not less than one (1) year.

WORKERS’ COMPENSATION INSURANCE. Vendor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease).

Vendor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Vendor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;

2. Pay on behalf of wording as opposed to reimbursement;

3. Concurrency of effective dates with primary policies;

4. Policies shall “follow form” to the underlying primary policies; and

5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Vendor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance and endorsements necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Vendor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Vendor shall furnish certificates and endorsements from each subcontractor identical to those Vendor provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Vendor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

License Agreement – Baseball Facili�es
City of Hemet – Ver. 2023/12

a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Vendor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

CERTIFICATE OF INSURANCE DATE (MM/DD/YY)

PRODUCER
Keystone Risk Managers, LLC
1995 Point Township Drive
Northumberland, PA 17867
CERTIFICATE #:

INSURERS AFFORDING COVERAGE:

ADDITIONAL NAMED INSURED: INSURER A: Interstate Fire & Casualty Company INSURER B:
(Non-Liability)
National Union Fire Insurance Company of
Pittsburgh, PA
INSURER C: AIG Specialty Insurance Company
INSURER D: Markel American Insurance Company

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.

AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. * SUBJECT TO $5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES, COMBINED, UNDER THE MASTER D&O POLICY, FOR ALL LOSS ARISING FROM ALL CLASS ACTION CLAIMS AND COMMON LEAGUE CLAIMS, AS MORE FULLY DESCRIBED IN ENDORSEMENT #31 OF THE MASTER D&O POLICY. ** SUBJECT TO $5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES, COMBINED, UNDER THE MASTER CYBER POLICY, FOR SPECIFIED DEFENSE COSTS, AS MORE FULLY DESCRIBED IN ENDORSEMENT #14 OF THE MASTER CYBER POLICY.

INSR
LTR
ADD’L
NAMED
INSRD

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS

GENERAL LIABILITY EACH OCCURRENCE

X OCCURRENCE GENERAL AGGREGATE
X INCL PARTICIPANTS Property Damage Deductible: $250 PRODUCTS/COMP OPS

AGGREGATE

X SEXUAL ABUSE
Sexual Abuse

OCCURRENCE
Sexual Abuse AGGREGATE
MEDICAL PAYMENTS Any One Person

DIRECTORS & OFFICERS
EACH LOSS $1,000,000*
AGGREGATE $1,000,000

CYBER LIABILITY

COVERAGE

LIMIT OF LIABILITY

CLAIMS MADE
$100,000 PER LEAGUE

AGGREGATE

S&P SECURITY AND PRIVACY LIABILITY

INSURANCE
$100,000 PER LEAGUE SUBLIMIT OF LIABILITY**
$1,000 PER LEAGUE RETENTION

RETROACTIVE DATE

POLICY INCEPTION

CONTINUITY DATE

POLICY INCEPTION

REGULATORY ACTION SUBLIMIT

OF LIABILITY
$100,000 PER LEAGUE SUBLIMIT OF LIABILITY
$1,000 PER LEAGUE RETENTION
EM EVENT MANAGEMENT INSURANCE $100,000 PER LEAGUE SUBLIMIT OF LIABILITY** $1,000 PER LEAGUE RETENTION

NOT APPLICABLE POLICY INCEPTION

INLAND MARINE/PROPERTY
FLOATER EACH LOSS $35,000
Deductible: $500
CRIME EACH LOSS $35,000
Deductible: $1,000

SPORTS EXCESS ACCIDENT
As in Master Policy:

Med. Max. $100,000
Deductible $50
As in Master Policy
Excess
“X” INDICATES COVERAGE(S) SELECTED FOR ADDITIONAL NAMED INSURED

ADDITIONAL INSURED
Who is an Insured (SECTION II) of the General Liability policy is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of the above-named Little League’s maintenance or use of ball fields, or other premises loaned, donated, or rented to that Little League by such person or organizations and subject to the following additional exclusions:

1. Structural alterations, new construction, maintenance, repair, or demolition operations performed by or on behalf of the person or organization designated in the Schedule and/or performed by the above-named Little League; and

2. That part of the ball field or other premises not being used by the above-named Little League.

NAME AND ADDRESS OF PERSON OR ORGANIZATION:

INSURED CANCELLATION
Little League Baseball Risk Purchasing Group, Incorporated 539 U.S. RT. 15 Highway
South Williamsport, PA 17702

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
02/17/24 325330-2024-3 4 05 28

HEMET LL
31476 Sonoma Ln
Temecula, CA 92951
A X UST030987240 01/18/2024 01/01/2025 $1,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 C X C X
B X
014674121 01/01/2024 01/01/2025 014681404 01/01/2024 01/01/2025

1. City of Hemet, its officers, officials, employees, agents, and volunteers SRG9105434 01/01/2024 01/01/2025 UST030998240 01/01/2024 01/01/2025 MKLM7IM0054394 01/01/2024 01/01/2025 A X D X
DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

CERTIFICATE OF INSURANCE DATE (MM/DD/YY)

PRODUCER
Keystone Risk Managers, LLC
1995 Point Township Drive
Northumberland, PA 17867
CERTIFICATE #:

INSURERS AFFORDING COVERAGE:

ADDITIONAL NAMED INSURED: INSURER A: Interstate Fire & Casualty Company INSURER B:
(Non-Liability)
National Union Fire Insurance Company of
Pittsburgh, PA
INSURER C: AIG Specialty Insurance Company
INSURER D: Markel American Insurance Company

THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY

REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.

AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. * SUBJECT TO $5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES, COMBINED, UNDER THE MASTER D&O POLICY, FOR ALL LOSS ARISING FROM ALL CLASS ACTION CLAIMS AND COMMON LEAGUE CLAIMS, AS MORE FULLY DESCRIBED IN ENDORSEMENT #31 OF THE MASTER D&O POLICY. ** SUBJECT TO $5,000,000 AGGREGATE SUBLIMIT OF LIABILITY FOR ALL LEAGUES, COMBINED, UNDER THE MASTER CYBER POLICY, FOR SPECIFIED DEFENSE COSTS, AS MORE FULLY DESCRIBED IN ENDORSEMENT #14 OF THE MASTER CYBER POLICY.

INSR
LTR
ADD’L
NAMED
INSRD

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS

GENERAL LIABILITY EACH OCCURRENCE

X OCCURRENCE GENERAL AGGREGATE
X INCL PARTICIPANTS Property Damage Deductible: $250 PRODUCTS/COMP OPS

AGGREGATE

X SEXUAL ABUSE
Sexual Abuse

OCCURRENCE
Sexual Abuse AGGREGATE
MEDICAL PAYMENTS Any One Person

DIRECTORS & OFFICERS
EACH LOSS $1,000,000*
AGGREGATE $1,000,000

CYBER LIABILITY

COVERAGE

LIMIT OF LIABILITY

CLAIMS MADE
$100,000 PER LEAGUE

AGGREGATE

S&P SECURITY AND PRIVACY LIABILITY

INSURANCE
$100,000 PER LEAGUE SUBLIMIT OF LIABILITY**
$1,000 PER LEAGUE RETENTION

RETROACTIVE DATE

POLICY INCEPTION

CONTINUITY DATE

POLICY INCEPTION

REGULATORY ACTION SUBLIMIT

OF LIABILITY
$100,000 PER LEAGUE SUBLIMIT OF LIABILITY
$1,000 PER LEAGUE RETENTION
EM EVENT MANAGEMENT INSURANCE $100,000 PER LEAGUE SUBLIMIT OF LIABILITY** $1,000 PER LEAGUE RETENTION

NOT APPLICABLE POLICY INCEPTION

INLAND MARINE/PROPERTY
FLOATER EACH LOSS $35,000
Deductible: $500
CRIME EACH LOSS $35,000
Deductible: $1,000

SPORTS EXCESS ACCIDENT
As in Master Policy:

Med. Max. $100,000
Deductible $50
As in Master Policy
Excess
“X” INDICATES COVERAGE(S) SELECTED FOR ADDITIONAL NAMED INSURED

ADDITIONAL INSURED
Who is an Insured (SECTION II) of the General Liability policy is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of the above-named Little League’s maintenance or use of ball fields, or other premises loaned, donated, or rented to that Little League by such person or organizations and subject to the following additional exclusions:

1. Structural alterations, new construction, maintenance, repair, or demolition operations performed by or on behalf of the person or organization designated in the Schedule and/or performed by the above-named Little League; and

2. That part of the ball field or other premises not being used by the above-named Little League.

NAME AND ADDRESS OF PERSON OR ORGANIZATION:

INSURED CANCELLATION
Little League Baseball Risk Purchasing Group, Incorporated 539 U.S. RT. 15 Highway
South Williamsport, PA 17702

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
02/17/24 325330-2024-3 4 05 28

HEMET LL
31476 Sonoma Ln
Temecula, CA 92951
A X UST030987240 01/18/2024 01/01/2025 $1,000,000 $2,000,000 $1,000,000 $1,000,000 $1,000,000 C X C X
B X
014674121 01/01/2024 01/01/2025 014681404 01/01/2024 01/01/2025 City of Hemet, its officers, officials, employees, agents, and volunteers 445 E. Florida Avenue
Hemet, CA 92543
SRG9105434 01/01/2024 01/01/2025 UST030998240 01/01/2024 01/01/2025 MKLM7IM0054394 01/01/2024 01/01/2025 A X D X
DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY

SEXUAL ABUSE OCC/AGG
ACORD 0025 2016-03 Acroform
2/17/2024 Keystone Risk Managers, LLC 1995 Point Township Drive Northumberland PA 17867 David Irwin (570) 473-2150 (570) 473-2151 [email protected] Little League Baseball Risk Purchasing Group, Incorporated HEMET LL 31476 Sonoma Ln Temecula CA 92951 Interstate Fire & Casualty Company 22829 A Per League X X UST030987240 01/18/2024 01/01/2025
Certificate Holder is named as Additional Insured per form CG 2026 (12/19) City of Hemet, its officers, officials, employees, agents, and volunteers 445 E. Florida Avenue Hemet CA 92543 300,000 Excluded 1,000,000 2,000,000 1M/$1M 1,000,000 1,000,000 DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Name Of Additional Insured Person(s) Or
POLICY NUMBER:

COMMERCIAL GENERAL LIABILITY
CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:

1. In the performance of your ongoing operations; or

2. In connection with your premises owned by or rented toyou.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits ofinsurance;
whichever is less.

This endorsement shall not increase the applicable limits of insurance.

CG 20 26 12 19
© Insurance Services Office,Inc., 2018 Page 1 of 1
UST030987240
City of Hemet, its officers, officials, employees, agents, and volunteers 445 E. Florida Avenue
Hemet, CA 92543
DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "productscompleted operations hazard". This waiver applies only to the person or organization shown in the
Schedule above.

City of Hemet, its officers, officials, employees, agents, and volunteers 445 E. Florida Avenue
Hemet, CA 92543
UST030987240
DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

POLICY NUMBER:

UST030987240
DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER
© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE

JECT LOC PRO- POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:

CLAIMS-MADE OCCUR

COMMERCIAL GENERAL LIABILITY
PREMISES (Ea occurrence) $ DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
DED RETENTION $

CLAIMS-MADE
OCCUR
$
AGGREGATE $
UMBRELLA LIAB EACH OCCURRENCE $

EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSR

LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF
(MM/DD/YYYY) POLICY EXP(MM/DD/YYYY) LIMITS
PER
STATUTE OTHER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$

ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS NON-OWNED AUTOS AUTOS
AUTOS

COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE $
$
$
$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSD
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
OTHER:

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED
PHONE
(A/C, No, Ext):

PRODUCER
ADDRESS:

E-MAIL
FAX
(A/C, No):

CONTACT
NAME:

NAIC #
INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INS025 (201401)

PARTICIPANTS
Terry L. Green & Associates
3100 Five Forks Trickum Rd
Suite 101
Lilburn, GA 30047
<p>Terry&nbsp;Green Insurance Services Inc., CA License # 0E39335</p>
Hemet Little League
P.O. Box 972
Hemet , California 92545
10,000 1,000,000 3,000,000 2,000,000 1,000,000 $1,000,000 $1,000,000 2/14/2024 1-800-550-5029 770-978-2780 Fortegra Specialty Insurance Company AXIS Insurance Company A
Participant Sexual Abuse X
X
A
X
Participant Accident Coverage Excess Coverage B Accident Medical Expense Benefit Accident Medical Expense Deductible300,000 1,000,000 Activities Covered: Youth Baseball Eff: 2/15/2024,Youth Softball Eff: 2/15/2024 Certificate Holder Named as Additional Insured The City of Hemet and its officers, officials, employees, agents and volunteers 445 E Florida Ave
Hemet, California 92543
[email protected] X
X
KSG1000001-01-C21966
2/15/2025
12:01 AM 2/15/2025
12:01 AM
2/15/2025
12:01 AM
SRPOAGI-ESA201890 KSX-1000001-01-C70535
Coverage is provided under this policy for sponsored and supervised activities of the named insured for which a premium has been paid. 2/15/2024
12:01 AM 2/15/2024
12:01 AM
2/15/2024
12:01 AM
X
Y
$25,000 $250 X
# 16823 # 37273
DocuSign Envelope ID: CA79470D-F7CE-4DF2-A09C-44154709C256

15.G.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 25 2025
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Layla Sarwari, Steven Graham, City Attorney;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City Of Hemet, California Acting as the Successor Agency to the Former Hemet Redevelopment Agency of the City Of Hemet, Authorizing and Approving the Release of Rights as Successor Agency to Matters Contained in the Hemet Redevelopment Agency’s Program Recorded On November 30, 2007, for Assessor Parcel Numbers 451-100-026 And 451-100- 036 (“APNs”) and a Determination that the Release is Exempt from Review Pursuant to Section 15016(B)(3) of the State’s Guidelines Implementing the California Environmental Quality Act RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing and Approving the Release of Rights as Successor Agency to Matters Contained in the Hemet Redevelopment Agency’s Program Recorded on November 30, 2007, for APNs 451-100-026 and 451-100-036 and Determining that the Release is Exempt from Review Pursuant to Section 15016(b)(3) of the CEQA Guidelines.

BACKGROUND:

The Hemet Redevelopment Agency ("Redevelopment Agency") was a duly created entity under the California Redevelopment Law and was responsible for the administration of redevelopment activities within the City of Hemet ("City"). On November 27, 2007, the City Council approved Resolution No. 4191, which described properties subject to the Redevelopment Agency's program to acquire real property by eminent domain within the City's redevelopment project areas.

With the dissolution of redevelopment agencies by Assembly Bill 1X26 ("AB26"), signed into law on June 20, 2011, the City of Hemet was designated as the Successor Agency to the former Redevelopment Agency. The subject properties, APNs 451-100-026 and 451-100-036, were included in the original program but were never acquired under eminent domain authority.

The Property Owner, Davy Rosenzweig, trustee of the Saul and Carol Rosenzweig Living Trust, is in the process of closing escrow on these properties. However, a recorded exception in the Title Documents states:

15.H.

"17. Rights of the successor agency(ies) as to matters contained in the project plan recorded November 30, 2007, as Instrument No. 2007-0722206, of Official Records." This exception has created a cloud on the property title, necessitating the City's release of any eminent domain authority that may have been retained.

ANALYSIS:

Under California Health and Safety Code Section 33373, redevelopment agencies were granted eminent domain authority for a period of twelve (12) years from the adoption of a redevelopment plan unless specifically extended. The City has not located any such extension for the Hemet Redevelopment Agency’s Program and has determined that this authority has expired.

Due to the expiration of this authority, it is in the City's and the community's best interest to formally release any rights of eminent domain that may have previously existed over the Subject Properties.

This action will:
 Remove title exceptions preventing the sale and development of the properties.  Align with the intent of AB26 in dissolving redevelopment agencies and transitioning properties back to private ownership and productive use.

Further, this release is categorically exempt from CEQA review pursuant to Section 15061(b)(3) of the CEQA Guidelines, as it has no potential to cause a significant effect on the environment.

DISCUSSION:

Staff recommends that City Council approve the Resolution Authorizing and Approving the Release of Rights as Successor Agency to Matters Contained in the Hemet Redevelopment Agency’s Program Recorded on November 30, 2007, for APNs 451-100-026 and 451-100-036 and Determining that the Release is Exempt from Review Pursuant to Section 15016(b)(3) of the CEQA Guidelines.

STRATEGIC PLAN INTEGRATION:

N/A
FISCAL IMPACT:

No financial impact is anticipated for the adoption of the proposed Resolution.

ALTERNATIVE(S):

1. Do not approve the Resolution Authorizing and Approving the Release of Rights as Successor Agency to Matters Contained in the Hemet Redevelopment Agency’s Program, Recorded on November 30, 2007, for APNs 451-100-026 and 451-100-036.

2. Provide alternative direction to the City Manager.

ATTACHMENT(S):

15.H.

Attachment 1: Resolution - Authorizing And Approving The Release Of Rights As Successor Agency To Matters Contained In The Hemet Redevelopment Agency’s Program

15.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET ACTING AS THE SUCCESSOR AGENCY TO

THE FORMER HEMET REDEVELOPMENT AGENCY OF

THE CITY OF HEMET, AUTHORIZING AND APPROVING

THE RELEASE OF RIGHTS AS SUCCESSOR AGENCY

TO MATTERS CONTAINED IN THE HEMET
REDEVELOPMENT AGENCY’S PROGRAM RECORDED
ON NOVEMBER 30, 2007, FOR APNS 451-100-026 AND
451-100-036 AND A DETERMINATION THAT THE

RELEASE IS EXEMPT FROM REVIEW PURSUANT TO
SECTION 15016(B)(3) OF THE STATE’S GUIDELINES

IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL

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

WHEREAS, the Redevelopment Agency of the City of Hemet (“Redevelopment Agency”) was a redevelopment agency in the City of Hemet (“City”) duly created pursuant to the California Redevelopment Law (Part 1 [commencing with Section 33000] of Division 24 of the California Health and Safety Code) (“Redevelopment Law”); and
WHEREAS, the Redevelopment Agency was responsible for the administration of redevelopment activities within the City; and
WHEREAS, on November 27, 2007, the City Council approved Resolution No. 4191 describing the properties subject to the Hemet Redevelopment Agency’s Program

15.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
to acquire real property by eminent domain the City of Hemet’s redevelopment project areas; and
WHEREAS, Assembly Bill 1X26 (“AB26”) was signed by the Governor on June 20, 2011, which dissolved all redevelopment agencies in the State of California, the City of Hemet has been designated as the Successor Agency to the former Hemet Redevelopment Agency (the “Successor Agency”); and
WHEREAS, two properties that were subject to the Hemet Redevelopment Agency’s Program acquisition by eminent domain are identified as Assessor’s Parcel Numbers (“APNs) 451-100-026 and 451-100-036 (the “Subject Properties”) and are owned by Davy Rosenzweig, trustee of the Saul and Carol Rosenzweig living trust (the “Property Owner”); and
WHEREAS, the Property Owner is in the process of closing escrow on the Subject Properties; however, a recorded exception appears in the Title Documents, as shown in the attached Exhibit “A.” This exception has created a cloud on title, and it reads as follows:
“17. Rights of the successor agency(ies) as to matters contained in the project plan recorded November 30, 2007, as Instrument No. 2007-0722206, of Official Records.”
WHEREAS, under California Health and Safety Code Section 33373, Redevelopment Agencies were granted eminent domain authority to acquire properties

15.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
for redevelopment purposes for a period of twelve (12) years from the adoption of a redevelopment plan, unless otherwise extended by the plan; and WHEREAS, the City has not located any such extension of eminent domain authority for the Hemet Redevelopment Agency’s Program and has determined that such authority has since expired; and
WHEREAS, due to the expiration of eminent domain authority, the Successor Agency has determined that it is in the best interest of the City and the community to release any rights of eminent domain authority; and
WHEREAS, the Successor Agency finds that the release of these rights is consistent with the objectives of the dissolution of redevelopment agencies and will facilitate the continued beneficial use and development of the Subject Properties; and WHEREAS, the Successor Agency desires to authorize and approve the execution of all necessary documents to effectuate the release of any rights of eminent domain authority under the Hemet Redevelopment Agency’s Program for the Subject Properties.

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

SECTION 1. The Successor Agency finds approval that the release of any rights of eminent domain authority and that the release is exempt from the California Environmental Quality Guidelines Act pursuant to Section 15061 (b)(3) of the CEQA Guidelines, and determines that the foregoing recitals are true and correct.

15.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
SECTION 2. The Successor Agency hereby authorizes and approves the release of any rights of eminent domain authority it may have as the Successor Agency as they pertain to APNs 451-100-026 and 451-100-036.

SECTION 3. The City Manager is further authorized to release any rights of eminent domain filed against properties in the City of Hemet pursuant to Resolution No. 4191 upon request without further action by the City Council.

SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the official records of the City of Hemet.

APPROVED AND ADOPTED this _______ day of ____________,
2025
____________________________
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 5
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 _ day of _______, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

15.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 6
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
Exhibit “A”

15.H.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 25 2025
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the Administrative Services Director to Approve the Increase to the Existing Purchase Order with L.N. Curtis & Sons for Firefighting Supplies, Uniforms, and Equipment Not to Exceed $175,000 and Authorizing the City Manager to Execute All Documents Related to this Purchase 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 Administrative Services Director to Approve the Increase to the Existing Purchase Order with L.N. Curtis & Sons for Firefighting Supplies, Uniforms, and Equipment, Not to Exceed $175,000 and Authorizing the City Manager to Execute All Documents Related to this Purchase.

BACKGROUND:

L.N. Curtis & Sons is a trusted provider of high-quality firefighting, rescue, and emergency response equipment. With the purchase of two new engines and the Tractor Drawn Aerial Apparatus (TDA), expected to arrive in Fall 2025, it is necessary to fully outfit the engines and TDA with equipment housed on the vehicles to properly equip them with essential tools and gear.

These tools will not only enable the Hemet Fire Department (HFD) to maximize the capabilities of the new engines and TDA, but will also ensure preparedness for a wide range of incidents, both routine and unique to the City of Hemet. Additionally, properly outfitting the vehicles plays a vital role in protecting first responders while enhancing their effectiveness in emergency situations.

Per the City of Hemet’s procurement policy, this purchase falls under a leveraged procurement contract (Sourcewell Contracts #020124 & #010424) which includes competitively bid Firefighting PPE, Equipment, Rescue Tools, Supplies and Accessories.

Beyond outfitting the engines and TDA, continued purchases from L.N. Curtis & Sons throughout this fiscal year will be necessary to maintain station supplies, uniforms, and safety equipment.

15.I.

ANALYSIS:

The Hemet Fire Department has recently purchased the Tractor Drawn Aerial Apparatus and two fire engines that require proper outfitting with essential tools and equipment. In addition to equipping these vehicles, the department must continue purchasing personal protective equipment (PPE), safety gear, and station supplies to maintain operational readiness.

L.N. Curtis & Sons is a well-established and trusted supplier specializing in firefighting, rescue, and emergency response equipment. The outfitting of the vehicles falls under L.N. Curtis' Sourcewell Contracts #020124 & #010424, a competitively awarded cooperative purchasing contract. Utilizing this contract eliminates the need for a separate bidding process, expediting procurement while ensuring compliance with City procurement policies.

L.N. Curtis & Sons provides specialized equipment designed to meet the needs of modern fire departments. Their products align with industry standards and regulatory requirements for firefighter safety and operational efficiency.

Outfitting the vehicles with the proper tools is critical to maximizing their capabilities and ensuring HFD firefighters have the necessary resources to respond to emergencies. The PPE and safety equipment purchased through L.N. Curtis directly contribute to firefighter protection, reducing risks during operations.

DISCUSSION:

Equipping the vehicles with a fully functional engine and TDA is estimated to cost a total of $150,000.

Additionally, HFD will procure approximately $25,000 worth of supplies, uniforms, and equipment through L.N. Curtis & Sons for items that may fall outside the scope of the Sourcewell contract.

Below is the projected expenditure with L.N. Curtis & Sons through June 30, 2025:

Description Account Budget Purchases to Date Available Balance Major Machinery &
Equipment
110-3241-
5400 $125,000 $38,592 $86,408
Major Machinery &
Equipment
115-3241-
5400 $50,000 $0 $50,000
Total $175,000 $38,592 $136,408
PREVIOUS COUNCIL ACTION:

May 14, 2024 City Council Approval to outfit engines and TDA.

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.

15.I.

Objective 3: Increase Public Safety visibility and response.

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 2: Increase transparency for the public.

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 FISCAL IMPACT:

This recommendation is seeking an approval to increase the blanket purchase order with L.N. Curtis and there is no additional Fiscal Impact needed.

Funds in the amount of $125,000 have been established in account 110-3241-5400 for this purpose and $50,000 in Fire's Measure U account 115-3241-5400 have Continuing Appropriations are being repurposed for the remainder of the City's needs to complete this project.

ATTACHMENT(S):

Attachment 1 - Resolution
Attachment 2 - Sourcewell Contract# 020124 - Firefighting Equipment Attachment 3 - Sourcewell Contract# 010424 - PPE

15.I.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE

ADMINISTRATIVE SERVICES DIRECTOR TO APPROVE

THE INCREASE TO THE EXISTING PURCHASE ORDER
WITH L.N. CURTIS & SONS, NOT TO EXCEED $175,000

AND AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL DOCUMENTS RELATED TO THIS PURCHASE.

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

WHEREAS, L.N. Curtis & Sons is a trusted provider of high-quality firefighting, rescue, and emergency response equipment. With the purchase of two new engines and the Tractor Drawn Aerial Apparatus (TDA), expected to arrive in Fall 2025, it is necessary to fully outfit the engines and TDA with equipment housed on the vehicles to properly equip them with essential tools and gear; and WHEREAS, these tools will not only enable the Hemet Fire Department (HFD) to maximize the capabilities of the new engines and TDA, but will also ensure preparedness for a wide range of incidents, both routine and unique to the City of Hemet. Additionally, properly outfitting the vehicles plays a vital role in protecting first responders while enhancing their effectiveness in emergency situations; and WHEREAS, per the City of Hemet’s procurement policy, this purchase falls under a leveraged procurement contract (Sourcewell Contracts #020124 & #010424) which

15.I.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
covers Firefighting PPE, Equipment, Rescue Tools, Supplies and Accessories and, therefore, does not require a bid process; and
WHEREAS, beyond outfitting the engines and TDA, continued purchases from L.N. Curtis & Sons throughout this fiscal year will be necessary to maintain station supplies, uniforms, and safety equipment; and
WHEREAS, the Hemet Fire Department has recently purchased the Tractor Drawn Aerial Apparatus and two fire engines that require proper outfitting with essential tools and equipment. In addition to equipping these vehicles, the department must continue purchasing personal protective equipment (PPE), safety gear, and station supplies to maintain operational readiness; and
WHEREAS, L.N. Curtis & Sons is a well-established and trusted supplier specializing in firefighting, rescue, and emergency response equipment; and WHEREAS, the outfitting of the vehicles falls under L.N. Curtis' Sourcewell Contracts #020124 & #010424, a competitively awarded cooperative purchasing contract. Utilizing this contract eliminates the need for a separate bidding process, expediting procurement while ensuring compliance with City procurement policies; and

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

SECTION 1. FINDS - L.N. Curtis & Sons provides specialized equipment designed to meet the needs of modern fire departments. Their products align with industry standards and regulatory requirements for firefighter safety and operational efficiency.

15.I.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
SECTION 2. DETERMINES - Outfitting the vehicles with the proper tools is critical to maximizing their capabilities and ensuring HFD firefighters have the necessary resources to respond to emergencies. The PPE and safety equipment purchased through L.N. Curtis directly contribute to firefighter protection, reducing risks during operations.

SECTION 3. ORDERS – To equip the vehicles with a fully functional engine and TDA is estimated to cost a total of $150,000. Additionally, HFD will procure approximately $25,000 worth of supplies, uniforms, and equipment through L.N. Curtis & Sons for items that may fall outside the scope of the Sourcewell contract.

SECTION 4. AUTHORIZES - The City Manager is to execute all documents related to this purchase.

SECTION 5. EFFECTIVE DATE - This Resolution shall become effective on March 25, 2025.

15.I.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED this 25th day of March, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.I.

CITY OF HEMET RESOLUTION NO. 2025-XXX 5
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
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 25th day of March, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

15.I.

020124-LNC
Rev. 3/2022 1
Solicitation Number: #020124

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and L.N. Curtis & Sons, 185 Lennon Lane, Suite 110, Walnut Creek, CA 94598 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Firefighting Equipment and Rescue Tools with Related Supplies and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

EXPIRATION DATE AND EXTENSION. This Contract expires April 4, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.

B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 2
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 4
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 5
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 6
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 7
price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 8
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.

DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 9
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 10

14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 11
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 12
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

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

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

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 13
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 14
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 15
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 16
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 17
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

020124-LNC
Rev. 3/2022 18
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell L.N. Curtis & Sons
By: __________________________ By: __________________________ Jeremy Schwartz Angela Mackey
Title: Chief Procurement Officer Title: Director of Customer Service Fire/Rescue
Date: ________________________ Date: ________________________ DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E 4/22/2024 | 1:23 PM CDT 4/22/2024 | 12:49 PM CDT

15.I.

RFP 020124 - Firefighting Equipment and Rescue Tools with Related Supplies and Accessories
Vendor Details
Company Name: L.N. Curtis & sons
Does your company conduct
business under any other name? If
yes, please state:

Curtis
Address:
185 Lennon Lane
Suite 110
Walnut Creek, CA 94598
Contact: Angela Mackey
Email: [email protected]
Phone: 206-305-4057
HST#:

Submission Details
Created On: Friday January 19, 2024 13:59:16
Submitted On: Thursday February 01, 2024 15:49:43
Submitted By: Angela Mackey
Email: [email protected]
Transaction #: 0ab15004-0642-4ec6-bf4d-518a7fa20c4f
Submitter's IP Address: 73.11.118.189
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).

Line
Item Question Response *
1 Proposer Legal Name (one legal entity only):
(In the event of award, will execute the
resulting contract as "Supplier")
L.N. Curtis & sons (Curtis)
*
2 Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal.

N/A
*
3 Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.

Curtis / L.N. Curtis / LNCurtis
*
4 Provide your CAGE code or Unique Entity
Identifier (SAM):
5E720 *
5 Proposer Physical Address: 185 Lennon Lane, Suite 110 Walnut Creek, CA 94598
*
6 Proposer website address (or addresses): https://lncurtis.com/ * 7 Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the “Proposer’s Assurance of Compliance” on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):

Angela Mackey, Director of Customer Service Fire/Rescue 185 Lennon Lane, Suite 110 Walnut Creek, CA 94598
[email protected] | 206-305-4057
*
8 Proposer's primary contact for this proposal
(name, title, address, email address & phone):

Angela Mackey, Director of Customer Service Fire/Rescue 185 Lennon Lane, Suite 110 Walnut Creek, CA 94598
[email protected] | 206-305-4057
*
9 Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):

Jeff Curtis, Vice President
185 Lennon Lane, Suite 110 Walnut Creek, CA 94598
[email protected] | 510-268-3325
Table 2: Company Information and Financial Strength
Line
Item Question Response *
10 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.

Our values have remained as our foundation through 95 years of successfully supporting emergency responders: Quality, Service, Integrity and Caring.

Curtis is a company whose principal product is service; whose principal resource is people; and, whose principal purpose is to be a distinguished leader in the field of supplying firefighting, search & rescue, safety, HAZMAT and emergency products/services. The company and its employees are proud to be associated with America’s emergency responders; our country’s bravest and best.

Since 1929, Curtis has been delivering exceptional customer service and a comprehensive line of firefighting and emergency products and services to local, state, and federal agencies throughout the United States and to various U.S.

Government agencies located worldwide.
*
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

11 What are your company’s expectations in the
event of an award?
In the event of an award, Curtis will maintain the highest level of customer service for Sourcewell’s members by delivering exceptional customer service and a comprehensive line of firefighting and emergency products and services to local, state, and federal agencies throughout the United States and to various U.S.

Government agencies locate worldwide.

Curtis will maintain the existing high level of customer service as a premier provider for
equipment to first responders. This will be done by fulfilling customer requirements, accurately, timely and with significant value. Curtis expects to make the ensuing contract very valuable to Sourcewell and to the membership.

Curtis expects to make a fair profit and will maintain the existing high level of customer service we’ve been providing to Sourcewell member agencies under current contract 032620 since 2020.
*
12 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.

Upload supporting documents (as applicable)
in the document upload section of your
response.

Please refer to the attached document "Curtis Financial Statements 12312023" *
13 What is your US market share for the
solutions that you are proposing?
For our primary market which is the Western 13 states, we have anywhere from a 30% market share to a 60% market share, depending on the segment or product category.
*
14 What is your Canadian market share for the
solutions that you are proposing?
Curtis does not sell into the Canadian market at this time. * * 15 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.

Curtis has never petitioned or entered into bankruptcy protection. * * 16 How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider?  Answer whichever
question (either a) or b) just below) best
applies to your organization.
a)    If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b)    If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
a) Curtis is a distributor/dealer/reseller for all brands and models that are included in this
proposal.

Curtis continues to be a premier provider of firefighting equipment to municipalities and government agencies after 90+ years.

Please note that written authorization from our manufacturers is available on request. *
17 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.

Curtis holds a license to conduct business in the thirteen Western States, with 12 facilities spread throughout Washington, Oregon, Colorado, Utah, Arizona, Idaho, Nevada, and California.
*
18 Provide all “Suspension or Debarment”
information that has applied to your
organization during the past ten years.

All products included in this Curtis proposal comply to the related and associated national standards and industry segment requirements, including NFPA, USFS/NFES, ANSI, ASTM, and 29 Code of Federal Regulations (CFR) 1910 (OSHA). *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
19 Describe any relevant industry awards or
recognition that your company has received
in the past five years
Curtis has received multiple dealer recognition awards from industry manufacturers for high achievement, including from Globe, MSA, Workrite, Hurst, and more. * 20 What percentage of your sales are to the
governmental sector in the past three years
Government/Municipal = 99+% *
21 What percentage of your sales are to the
education sector in the past three years
Education entities comprised less than 1% of total corporate sales. * 22 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
Curtis has several cooperative purchasing contracts in place at the state, regional, and national levels.  Of note:

NPPGov: Sales on these multiple nation-wide contracts have gross sales, on average, of two-million dollars per reporting quarter.

Houston-Galveston Area Council: Sales on these multiple nation-wide contracts have gross sales, of on average, approximately ten-thousand dollars per reporting quarter.

GSA: Sales on this national/world-wide cooperative, of on average, approximately four-million dollars per year.
*
23 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Curtis is conducting activities in support of our second twenty-year GSA contract (GSA Contract 47QSWA18D009Y). Sales have averaged in excess of four-million dollars, per year. *
Table 4: References/Testimonials
Line Item 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities.

Entity Name * Contact Name * Phone Number *
Santa Clara Fire Department
California
Nicole Gresham
Management Analyst
408-615-4944 *
Fountain Hills Fire Department
Arizona
Fire Chief Dave Ott 480-837-9820 *
Matsu Borough Fire Department
Alaska
Jake Boothby 907-745-4801 *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.

Entity Name Entity Type * State /
Province * Scope of Work * Size of Transactions * Dollar Volume Past ThreeYears * Defense
Logistics
Agency (DLA)
Government Pennsylvania -
PA
Provide a wide array of
firefighting
equipment, tools,
aircraft/crash rescue, hazardous
material response, emergency
medical services, homeland
security, and domestic
preparedness serving a
worldwide DoD customer base.

Range from a few hundred
dollars to a millions of
dollars
Averaging approximately
twenty-million dollars per
years, 2020 - 2023
*
General
Services
Administration
(GSA)
Government Texas - TX Provide a wide array of
firefighting equipment, tools,
technical services, and related
equipment and services for a
worldwide federal agency
customer base.

Range from a few hundred
dollars to a few thousand
dollars
Averaging approximately
four-million dollars per year
*
The County of
Los Angeles
Fire
Department
Government California - CA Provide a wide array of
firefighting equipment, tools
technical services, and related
equipment,
Averages around $50,000+ Average yearly sales
volume totals
approximately $2M+
*
The City of
Los Angeles
Fire
Department
Government California - CA Provide a wide array of
firefighting equipment, tools
technical services, and related
equipment,
Averages around $50,000+ Average yearly sales
volume totals
approximately $2.5M+
*
Clark County
Fire
Department
Government Nevada - NV Provide a wide array of
firefighting equipment, tools
technical services, and related
equipment,
Averages around $95,000+ Average yearly sales
volume totals
approximately $3M+
*
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.

Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.

Line
Item Question Response *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

26 Sales force. The Curtis Operation Center is the primary resource available to our customers for receiving technical and product support and customer service. Curtis’ Fire & Emergency Services Operation Centers are located in the following locations:

Curtis Walnut Creek Operations Center - Corporate HQ
Special Program Office (Programs and Contracts Management) 185 Lennon Lane, Suite 110
Walnut Creek, California 94598
Curtis Intermountain Operations Center - Fulfillment Center 1635 Gramercy Road
Salt Lake City, Utah 84101
Curtis Northwest Operations Center
6507 S. 208th Street
Kent, Washington 98032
Curtis Pacific North Operations Center
6723 Sierra Court, Suite C
Dublin, CA 94568
Curtis Pacific South Operations Center
15523 Carmenita Road
Santa Fe Springs, CA 90670
Curtis Southwest Operations Center
4647 South 33rd Street
Phoenix, AZ 85040
Curtis PPE Care & Maintenance (Main Facility)
517 West Sunset Road
Henderson, NV 89011
Curtis Customer Service will support the Sourcewell Program in several critical areas of sales support who provide face-to-face, in person customer contact for sales and marketing activities; product (technical and sales) information; on-site service activities; and monitoring of customer satisfaction.  The sales force is directly supported by 40+ customer service reps and specialists on a daily basis.

See attached document "Curtis-Sales-Territories-Map
*
27 Dealer network or other distribution
methods.

Other than local, regional, national and international shipping companies, Curtis will deploy no additional distribution channel networks.
*
28 Service force. In addition to providing significant pre-sales support and services, Curtis deploys teams to provide significant post-sales support to our customer community:
• Warehousing & Inventory—logistics management and inventory control specialists who ensure the right parts go to the right customer.
• Marketing Specialists—provides educational information and familiarization on a wide array of Heavy Rescue Tools, Extrication and Stabilization industry topics; product families and industry-specific standards, specifications and requirements.

Such as: HazMat, ladders, wildland, suppression, rope rescue, confined space, water rescue, personal protective equipment, self-contained breathing apparatus, respirators, thermal imaging, hydraulics and water flow, and gas detection. product families and industry-specific standards, specifications and requirements.

Areas of expertise include F&ES training, breathing air compressors, personal protective equipment, self-contained breathing apparatus, respirators, rescue tools and equipment, thermal imaging, hydraulics and water flow, and gas detection. • Factory-certified Product Technicians—provides in-house and mobile repair and maintenance services; warranty repairs, and annual, or as requested preventative maintenance.
• Personal Protective Equipment and Ensemble Care & Maintenance—A six-facility operation, provides inspection, cleaning, and repair services of personal protective equipment to all National Fire Protection Association (NFPA) standards. • Manufacturer Field and Product Technician Teams-Curtis has access to supplier specialists and technical teams for customer support and education. • CurtisCARE—Curtis provides our customers with education and on-boarding support, inspection, repair and maintenance services for Heavy Rescue Tools, Extrication and Stabilization equipment, and other related products. *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

29 Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.

Curtis Procedures for Processing Orders
Curtis has developed straight forward procedures for order processing. Our order handling procedures are consistently applied to process routine, urgent, and emergency orders, product returns, and discrepant orders. Order processing is fully integrated into our automated distribution software platform (Oracle-NetSuite). This electronic system provides our sales, marketing, purchasing, accounting, and management with real time order status, while tracking inventory and shipping status.

ORDERS
Delivery order is considered issued upon receipt of order by mail, telephone, or facsimile, email, or on-line.

ORDER PROCESSING
After an order is received, Curtis uses a simple and consistent series of procedures for processing customer orders. The sourcing determination, made by the Customer Service Manager during the customer purchase order review process, is the primary factor made to determine the specific path to be taken by our staff while processing each individual order (e.g., ship from a Curtis warehouse; ship direct from the manufacturer; consolidate at a Curtis warehouse [bills-of-material orders]).

ORDER SCHEDULING & DELIVERY
Order scheduling at Curtis is based upon one of two customer requirements. Curtis’ typical commercial customer requests product delivery per product availability as specified by the supplier. Or the customer specifies a required delivery date. Curtis accommodates both scheduling requirements efficiently and effectively using our distribution software and consistent status reviews of all active orders.

ORDER CONFIRMATION
Customer orders are confirmed by Curtis after the Customer Service Manager has reviewed the customer purchase order (customer information, product and quantity requirements, pricing and availability, and the existence of any special requirements from the customer) and entered the order into our enterprise resource planning platform (Oracle-NetSuite).

NOT-IN-STOCK CONDITIONS
Curtis processes not-in-stock product orders by determining lead times necessary to complete the order, contacting the ordering activity, and advising current lead time of product. At customer preference, Curtis offers alternative in-stock substitute products of equal or higher quality and at equal value for customer consideration.

PARTIAL DELIVERY / BACK ORDER PROCEDURES
Curtis strives to ship the entire order complete and on time. However, if Curtis is in a low stock position on a particular product and the customer will accept a substitute item and accept a partial delivery, the order will be processed during Curtis’ preorder set-up to ensure that all items possible will be shipped either direct from our supplier or from one of the Curtis warehouses to provide the level of service our customer requests.

Back-orders are tracked via the Company’s ERP system and reports generated showing “non-fills” until the order is shipped complete.

Partial deliveries and back-orders status are provided to the customer on a regular basis until the order is filled.

ORDER BILLING
Curtis will submit invoices only after receiving assurances that our customer’s requirements have been met. Once the order has been shipped complete and all required activities specified within the order
have been accomplished, Curtis will submit invoices as required by the order.

PAYMENT FOR GOODS RECEIVED
Curtis extends payment terms of net thirty (30) days from date of invoice. *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

30 Describe in detail the process and
procedure of your customer service
program, if applicable.  Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.

Although customer and technical support is available between the hours of 7:00am and 5:00pm, local time, Monday through Friday at each of our Customer Service Operation Centers, Curtis understands that “normal office hours” has lost all real meaning in the global marketplace.

Serving a world-wide customer community spanning all time zones, Curtis’ customers contact a company representative in any of several ways, twenty-four hours a day, seven days a week, and three-hundred, sixty-five days a year (24/7/365) to discuss order placement, order tracking, problem resolution, and the myriad of other topics that will arise throughout the term of a business relationship.

Curtis’ customers contact company customer sales, service, and technical representatives via telephone, cell phone, email, or facsimile using the contact information listed on our web-site and also included in this section.

It is a standard operating procedure that all outside sales representatives and management provide office, cell phone numbers, and email addresses to the company’s customers. This enables Curtis’ customers to contact the company’s sales force directly for sales and service requests 24/7/365.

Additionally, using toll-free numbers during “outside-of-normal” business hours or on national holidays, CURTIS representatives are contacted directly or via message service 24/7/365 in order to immediately respond to emergency or non-emergency situations. CURTIS’ representatives will respond to all customer inquiries within 4 hours between the hours of 7am-5pm (local) Monday through Friday or within 24 hours during non-duty hours or national holidays.
*
31 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.

Curtis has successfully provided products and services to Sourcewell member agencies under current contracts 032620 & 040220 since 2020.  With the sales force detailed in #26 and the service force detailed in #28, Curtis is willing and able to support all Sourcewell users, while maintaining the contract requirements. *
32 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.

Curtis does not sell into the Canadian market at this time. *
33 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.

All products included in this Curtis proposal are available to the membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, Hawaii, and other states as may be acceptable to our manufacturing partners, without limitations.

Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nation-wide.
*
34 Identify any Sourcewell participating entity
sectors (i.e., government, education, not-forprofit) that you will NOT be fully serving through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
As previously discussed in #33, all products included in Curtis’ proposal are available to the membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, Hawaii, and other states as may be acceptable to our manufacturing partners, without limitations.

Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nation-wide.
*
35 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.

Shipments to customers located in the continental 48 states, as well as Alaska and Hawaii: FOB: Origin, freight added, or as otherwise required by the customer.

List Price less the Brand Discount plus an (estimated) Freight Charge. The customer invoice will include actual freight charges as a separate line item.

Note: For those customers who require a delivered price when the quote is prepared, Curtis will follow the same procedure by utilizing available freight calculators to determine quoted freight costs.

Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nation-wide.
*
Table 7: Marketing Plan
Line
Item Question Response *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

36 Describe your marketing strategy for
promoting this contract opportunity.

Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.

Curtis’ sales teams will target the areas with the greatest population densities because population densities typically correlate directly with the number of serving firefighters.

However, our outside sales and customer service representative teams will also target ALL potential agency participants within the western 13 states as agency near-term procurement plans are identified. Specifically, immediately after the contract award, our marketing department will announce the award on our website and other on-line public forums in which we participate with our customers. Additionally, Curtis’ marketing department will prepare marketing collateral for distribution by our sales teams and through e-blast notifications to targeted customers (customers with near-term, open requirements).

This collateral will explain the cooperative purchasing opportunity that is available to our customers through the new contract, and how, using this new contract the public agency may purchase a wide variety of products and services while saving time, manpower, and money. We also offer a commitment to support Sourcewell in marketing campaigns and industry conferences to advertise the cooperative purchasing opportunities made available to the membership and to potential new members via the new contract.

Please refer to attached "Curtis Brochure".
*
37 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.

Curtis recognizes the importance of utilizing technology and digital data to drive marketing effectiveness. Multiple, robust cross-digital marketing programs are already in place and being developed on a regular basis to support Curtis’s sales initiatives, brand awareness, and product promotion.

Metadata is reviewed to determine potential changes and alternate means to increase the reach and effectiveness of the marketing message in alignment with the program goals.

A showcase of Curtis cross-digital program abilities include:
• LNCurtis.com Homepage – Main Product Merchandising Space • LNCurtis.com Homepage – Call to Action Banner for Lead Generation • LNCurtis.com – Call to Action Pop-up Modal for Lead Generation • Social Media Posts and Ads
• Email Marketing
• Industry Website Ads
• Search Engine Ads
• Search Engine Optimization includes, among other parameters o Keyword Campaigns
o Metadata
o Rich Content
o Backlinking
Curtis has a substantial marketing and merchandising team that focuses on maintaining and improving the Curtis online footprint.
*
38 In your view, what is Sourcewell’s role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
As previously discussed, marketing collateral will be provided to the Curtis Sales Teams during a contract kick-off (K/O) meeting. New contract Kick-Off meetings [virtual or physical presence] are standard operating procedures.

Sourcewell Personnel are encouraged to attend these K/O meetings whenever possible to establish relationships with Curtis’s personnel and to make sure all necessary information is exchanged.

Subjects covered during Curtis’ K/O meetings include program / contract introduction and overview; brands, prices and discounts offered; rules of engagement (contract terms and conditions) ; procedures for quotes, order entry and post-sales support; and any other program-specific information that will help the sales force gain understanding of and motivation to exploit the opportunities afforded by the new contract.

In our view, Sourcewell can play as large or as small a part as the COOP may desire.

Curtis is well versed in conducting successful sales and marketing campaigns and fully expects to “hit the ground" prepared, running, and successful. *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

39 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.

Curtis website offers customers a secure, fast and easy to use online experience featuring a robust product catalog, advantaged search features and product details and specifications to make informed shopping decisions.

Curtis also offers Agency online accounts for departments, businesses and special agreements which offer enhanced features of these custom web portals to include:

Tax Exempt ordering with appropriate qualifications and approvals Net 30 Terms with credit approval from LN Curtis & sons Customer Specific Pricing
Customer Specific product catalog (exclusive to individual or group of customers) Online Quoting
Quartermaster Ordering – Ability to have order approval processes User based access – Ability to control who can order, see invoices or create shopping lists
Quick Re-Order at the order and product level
Custom designed shopping lists to make shopping easier by department or team For more details: https://lncurtis.com/agency-accounts/ Curtis+ Program allows customers to maintain a single source allotment or allowance program with Curtis. Manage, track and control allowance-based purchases.  For more details: https://lncurtis.com/curtis-plus/
*
Table 8: Value-Added Attributes
Line
Item Question Response *
40 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.

Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.

It’s not JUST about products!
Curtis will provide product familiarization whenever appropriate and can coordinate training from factory certified personnel where appropriate.  Curtis has a robust technical service team to support Breathing Air Compressors, SCBA, & Hurst extrication tools.  Curtis also operates 6 PPE Care facilities to help customers clean, repair and maintain their turnout and wildland gear.

Curtis' CurtisCARE Program offers members significant opportunities to receive presales and post-delivery education and other related product support. Curtis' post-delivery services are usually provided as a part of a purchase order coupled with a statement of work (SOW) that Curtis receives from the customer. Curtis often works with the customer to define and develop an appropriate SOW. Often, Curtis provides customer education in equipment use; inspection, repair, maintenance; and safety during deployment at no cost to the member.

A sampling of available value-added education, available through our CurtisCARE program, includes:
• Complete Personal Protective Equipment (PPE) product education, maintenance, repair, and cleaning services
• Complete Self-Contained Breathing Apparatus (SCBA) product education, fit-testing, and maintenance services.
• Complete gas detection product education, and maintenance services • Complete rescue tool product education, and maintenance services • Complete breathing air compressor product education, and maintenance services • Complete Firefighting towers and buildings, and Firefighting training-prop product education, and maintenance service
CurtisCARE is provided by Curtis’ product and service specialists, including service technicians, PPE education specialists, rescue tool education specialists, and several product demonstration vehicles that routinely visit customer sites.

An integral part of Curtis’ product education involves our outside sales representatives.

These professionals provide product education, seminars, and hands-on demonstrations.

Additionally, Curtis’ suppliers are a valuable and valued asset for product and service education programs.
*
41 Describe any technological
advances that your proposed
products or services offer.

Curtis provides the ability through our state of the art website for agencies to create accounts and receive their co-op pricing online.  Allowing the customer to buy on the Sourcewell contract through the medium that works best for them. *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

42 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.

Curtis understands the importance of continually improving its sustainability and - proactively over the last 10 years - worked to transition what were paper heavy process into paperless process.  Our fulfillment center works to consolidate shipments whenever possible to reduce our burden on the transportation and oil dependence while each of our locations participates in their local recycling programs. Whenever possible and reasonable, we have updated facilities to more energy efficient lighting, water heaters and HVAC equipment.

Most recently, Curtis has begun experimenting with Electric Vehicles to see how we can move forward with properly servicing our customers, but also improving our sustainability. *
43 Identify any third-party issued ecolabels, ratings or certifications that your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.

We look to work closely with manufacturers that have sustainability programs and initiatives. *
44 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.

As a very competitive small business that successfully competes against larger companies, Curtis is intimately aware that small businesses can often provide faster, more efficient and satisfactory customer-focused support than what is typical of large organizations. Therefore, it is Curtis policy to develop and utilize to the greatest extent possible, suppliers of quality product and services provided by historically underutilized businesses.

Small Business, Small Disadvantaged Business, Women-Owned Small Business, ServiceDisabled Veteran-Owned Small Business, Veteran-Owned Small Business, Minority-Owned Small Business, and HUBZone Businesses account for an increasing segment of Curtis suppliers. Curtis’ goal is to develop and more fully utilize these businesses as suppliers and business partners.

Curtis views the programs such as the up-coming Sourcewell Firefighting PPE Program as a platform with which to provide new opportunities to underutilized businesses.

However, given the critical life-support functions performed by a majority of the manufacturers in Curtis’ proposed product catalog, the ability to source THE BEST and MOST RELIABLE products must take precedence over any concerns about business entitytype. *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
Curtis is focused on being a long term partner with customers.  We look to provide value and solutions to members through our full service offering:  Support with the initial discovery, and review of products.  Procurement of selected items.  Maintenance and repair to support the product for its lifespan.

Curtis has conducted over ninety years of successful business focusing on supporting the fire, rescue, & emergency response industries. Curtis provides our customers with exceptional products, customer service, and product support covering an extremely broadbased product catalog.

Curtis’ Customer Service Operations are located in Kent, WA, Salt Lake City, UT, Walnut Creek, CA, Santa Fe Springs (Los Angeles), CA, and Phoenix, AZ. A consolidated state-ofthe-art warehousing facility, providing Curtis customers with a complete suite of Integrated Logistics Services, is located in Salt Lake City, UT.

Curtis is fully qualified to provide superior service to Sourcewell members. In addition to our many large contracts with city and state agencies, Curtis continues to perform on three programs that have honed our capabilities to manage and serve major accounts with a complex array of product & service offerings.

Curtis has a contract with the General Services Administration (GSA contract 47QSWA18D009Y). Curtis services over a thousand customers a year who purchase from our GSA product catalog.

Additionally, Curtis is a contractor to the Defense Logistics Agency (DLA) Troop Support under the provisions of a prime contract supporting the United States Defense Department’s Fire and Emergency Services Tailored Logistics Support Program and the United States Fire Service (DLA contracts SPE8EH-19-D-0015) supporting agencies of the United States Federal Government located world-wide.

A great source of corporate pride and import, Curtis achieved great success while supporting the members of other COOPS. Since the launch of these COOP-type contracts, the Company has experienced a significant increase in customer acceptance of this “piggyback” contract mechanism and a related year-to-year growth in sales.

Curtis’ Corporate Mission (why we do what we do):
“L.N. Curtis & sons provides critical products and services that enable our nation’s first responders to accomplish their missions so that they are able to return safely home.” Curtis’ proposal to Sourcewell has been prepared to ensure full compliance with solicitation requirements. We have assembled a team from our stable of excellent manufacturers to form a robust compilation of products required to support firefighting and rescue operations.

The purpose of our proposal is to provide an array of the most common products used by today’s Fire Service.

Curtis’ offer includes one or more brands for each of the following product categories:
* Firefighting water flow equipment;
* Fire pumps, skid units, and compressed air foam systems (CAFS); * Firefighting suppression;
* Firefighting attack, ventilation, and rescue tools;
* Thermal imaging and similar situational awareness equipment; * Extrication tools and equipment;
* Technical, vertical, trench, and confined space rescue equipment; * Portable ladders;
* Hazardous materials (HazMat) response equipment;
* Wildland firefighting equipment and upfits for vehicles, ATV/UTVs; and, * Related tools and accessories complementary to the offering of 1.a.i – x. *
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.

Line
Item Question Response *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

46 Do your warranties cover all products, parts, and
labor?
Curtis provides the manufacturers’ warranties for all proposed supplies.

Additionally, Curtis will offer any extended warranties if available, at additional costs.

The warranties provided under Curtis’ proposed program will be the same as offered to the public and will include products, parts and labor (standard commercial practice).

Please refer to attachment, "Curtis Terms & Conditions" *
47 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
No *
48 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Yes, where stated as part of the Manufacturer’s standard warranty. *
49 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs?  How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
All products and product support to perform warranty servicing included in this Curtis proposal are available to membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, and Hawaii without limitations.

When warranty support is required outside the 13 western states, Curtis will coordinate warranty servicing and support directly with the manufacturer to ensure warranty commitments are quickly met.
*
50 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
We take responsibility for what we sell. Curtis offers warranty service for all brands and models that we sell and that are included in this proposal. * Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

51 What are your proposed exchange and return
programs and policies?
Curtis strives to maintain the highest level of customer service. In accordance Curtis will re-fund or exchange your purchase within the following guidelines:

Product must be returned in new, unused condition within 30 days of receipt.

Any product you desire to return after that date is subject to review by Curtis and may be non-returnable.

Product that has been used, damaged, or not purchased through LNCurtis.com or CurtisBlueLine.com or from a Curtis location will not be refunded.

Product that has been altered by engraving, stamping, marking, stenciling, etc., is not eligible for return. Clearance or Used product is also nonreturnable. Custom, special-order products and/or non-stock product may be returned only if acceptable to our vendor. A re-stocking and handling fee, as determined by our vendor and transportation costs to return to our vendor will be charged.

Return your product(s) by following these steps:

1. Contact Customer Service at 877.488.0469 or
[email protected] to request a return or exchange.

2. A Return Authorization (RA) will be issued to you and is required to be included with the return of any product.

3. Return your product by bringing it into or shipping to the Curtis location specified in the RA.

4. When shipping to a Curtis location, carefully pack the product to avoid damage during shipment. Product that arrives in damaged condition is not eligible for return credit and will be shipped back to you.

5. Return the product prepaid to the address specified on the RA. Make sure you include a copy of the RA with the product being returned. We recommend that you keep a copy of the RA and the receipt for the return shipment from the shipping service you use. Curtis does not take title to returned product until received by Curtis at our return location in undamaged condition. We will only consider a refund for products that arrive at our facility in undamaged new and unused condition.

Curtis reserves the right to reject all product returns. All returns are subject to re-view upon our receipt of the product and inspection. Product received in conditions other than originally shipped may be rejected and shipped back to you.

You may request an exchange, a credit on your account or a refund if the product has already been paid for and funds received by us. All refunds are issued using the original payment method and may take up to ten (10) business days for the refund process to complete.
*
52 Describe any service contract options for the
items included in your proposal.

Curtis offers service and repair based upon manufacturers’ recommendations and customer requirements. Pricing is typically based upon the specific requirements for each service or repair action.
*
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

Table 10: Payment Terms and Financing Options
Line
Item Question Response *
53 Describe your payment terms and accepted payment
methods.

Curtis offers Net 30 terms for municipal and government agencies and accepts MasterCard, Visa and American Express for all end users.  Non-agency customers can apply for terms and varying credit limit based on financial credit application. Payment terms are net 30 days from invoice date with no discounts or retention of any kind or sort allowed. Interest will accrue on invoices unpaid after the net due date at the annual rate of 12% or the maximum legal contract interest rate, whichever is less.
*
54 Describe any leasing or financing options available for use by educational or governmental entities.

Agencies can request a lease-to-own option with flexible terms and payment schedule.
*
55 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.

After an order is received, Curtis uses a simple and consistent series of procedures for processing customer orders. The sourcing determination, made by the Customer Service Manager during the customer purchase order review process, is the primary factor made to determine the specific path to be taken by our staff while processing each individual order (e.g., ship from a Curtis warehouse; ship direct from the manufacturer; consolidate at a Curtis warehouse [bills-of-material orders]).

See attached "Sourcewell RFP 020124 Sample"
*
56 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Curtis accepts P-Card payments with no processing fees. *
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.

Line
Item Question Response *
57 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.

Upload your pricing materials (if applicable) in the
document upload section of your response.

The Pricing Offered in this Proposal is detailed in the attachment, “SWE 020124 RFP Curtis Price Offering.”
Curtis’ proposed pricing model is based upon a set discount off list price, by brand or in certain cases when a brand offers several models or categories, by model or category. The pricing model is applicable to the brand’s entire published catalog.
*
58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.

Curtis’ proposed program is based upon offering, by brand, a fixed percentage (%) discount off the manufacturers’ Suggested (List) Price.
*
59 Describe any quantity or volume discounts or rebate
programs that you offer.

Curtis will offer customers deeper discounts than proposed, depending on volume, product specifications, and market conditions. *
60 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open
market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a
percentage,” or you may supply a quote for each such
request.

When a customer requests a quote containing both on-contract and open market products or services, Curtis will offer the customer the following:

On-Contract Products & Services: Price will be the list price less as contracted discount for the brand/model, plus freight.

Open Market Products & Services: Curtis will supply the customer with a quote consistent with the price offered our Most Favored Customer, plus freight.
*
61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.

This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like predelivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.

Curtis adds no additional costs to member prices, unless the customer requests open market products or services that relate to the on-contract item but that are not on contract.
*
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.

All Sourcewell orders are quoted as Shipping Point, unless otherwise noted.  Curtis may, in its sole discretion, select the shipping method, the carrier and the applicable freight charges (unless otherwise agreed in writing).  Curtis maintains strong freight and parcel carrier relationships with competitive pricing which is good for customers.

We can quote customers shipping in different ways so they have options to choose from.
*
63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.

All Sourcewell orders are quoted as Shipping Point, unless otherwise noted.  Curtis may, in its sole discretion, select the shipping method, the carrier and the applicable freight charges (unless otherwise agreed in writing).  Curtis maintains strong freight and parcel carrier relationships with competitive pricing which is good for customers.

We can quote customers shipping in different ways so they have options to choose from.
*
64 Describe any unique distribution and/or delivery methods or options offered in your proposal.

Curtis offers our customers an integrated approach to logistics supply support that encompasses all management actions, procedures, and techniques used to determine requirements to:
• Acquire support items and spare parts
• Catalog the items
• Receive the items
• Store and warehouse the items
• Transfer the items to where they are needed
• Issue the items
• Dispose of secondary items
• Provide for initial support of the system
• Acquire, distribute, and replenish inventory
• And, provide value-added resources by combining
Commodity Management with our Logistics and Kitting services for complete “end-to-end” customer support.

Logistics Solutions
Curtis offers complete transportation and logistics management services. By contracting and managing a network of national, regional, and local carriers we can offer a complete package of freight handling services – the integrated logistics solution you require to increase efficiency and lower costs. Additional transportation services we can provide include:
• Expedited
• Port and Rail Drayage
• Intermodal
• International (Ocean Freight/Air Freight)
• Less-than-truckload
• Specialized Equipment – temperature controlled, HAZMAT, etc. • Freight Forwarding
Kitting Solutions
When end users are required to combine multiple products into new product kits, our kitting services can help. We have experience breaking down bulk materials and products, unitizing and creating multi-packs, even custom-made kits with bar-code or RFID labeling.

Our product kitting and assembly services allow customers to:
• Reduce inventory
• Respond quickly and economically to changing demand for custom packs
• Fulfill individual custom orders
• Fulfillment capabilities help you manage inventory throughout the kitting cycle, from individual components to creation of new SKUs. • Our team maps efficient kitting processes and builds in quality checks to ensure the accuracy of final kits.
• Our labor solutions help you economically manage activity spikes and meet last-minute requests.
*
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.

See attached “SWE 020124
RFP Curtis Price Offering.”
Table 13: Audit and Administrative Fee
Line
Item Question Response *
66 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.

Customer Service Managers within the Curtis organization review daily sales orders to ensure proper contract pricing is provided to end users.  Curtis administration will provide a contract sales activity report to the Sourcewell representative assigned to this contract no later than 45 days after the end of each calendar quarter. The report will contain all of the fields described in the contract template.
*
67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.

Per our standard operating procedures, Curtis tracks Key Performance Indicators (KPIs) to make sure our business is tracking per plan.

KPI-related data is extracted from our Enterprise Resource Planning platform, Oracle-NetSuite. Oracle-NetSuite, a cloud ERP solution that automates front and back-office processes enable the Company to track all critical business functions including financial management, revenue management, fixed assets, order entry/management/tracking, billing, and inventory management. Oracle-NetSuite enables Curtis management to generate real-time performance and status reports (e.g., sales (orders and frequency) fill rates vendor performance returns due to improper shipments and defective items and back-orders).

Using Oracle-NetSuite, Curtis tracks performance of all orders, awards, contracts, and programs, including, should Curtis be honored with a contract, the Company's
performance in support of Sourcewell.

Curtis has seen a regular increase in annual sales
throughout the duration of the current Sourcewell
PPE & FFE contracts.
*
68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract.  This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
Curtis proposes to pay Sourcewell a 1% administrative fee of total net revenues (gross sales, less product returns), on a quarterly basis.
*
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
69 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.

As the largest stocking distributor of firefighting equipment in the West and one of the largest distributors of firefighting equipment and services in America, Curtis is offering the premium brand of products in the defined categories along with on-site product support and customer service.

In addition to products being offered at best pricing, Curtis offers the membership a full suite of Integrated Logistics Support and Services and full-time product specialists who are trained and certified by manufacturers to provide deployment support and, product familiarization in use, care, maintenance and repair, and safety. *
70 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.

Curtis' proposal includes products representing the following categories and subcategories:
* Firefighting water flow equipment;
* Fire pumps, skid units, and compressed air foam systems (CAFS); * Firefighting suppression;
* Firefighting attack, ventilation, and rescue tools;
* Thermal imaging and similar situational awareness equipment; * Extrication tools and equipment;
* Technical, vertical, trench, and confined space rescue equipment; * Portable ladders;
* Hazardous materials (HazMat) response equipment;
* Wildland firefighting equipment and upfits for vehicles, ATV/UTVs; and, * Related tools and accessories complementary to the offering of 1.a.i – x. *
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.

Line Item Category or Type Offered * Comments
71 Equipment, tools, supplies, and accessories used
for all types of fire and rescue service, including
structural firefighting, wildland firefighting, vehicle extrication, technical rescue, vehicle and aircraft
rescue, HazMat, and EMS
Yes
No
Such as:

Water Flow, Heavy Rescue, Pumps,
Suppression, Wildland, etc *
72 Firefighting water flow equipment Yes
No
Such as:

Hose, Nozzles, Monitors, Foam,
Hydrant Accessories, Pumps, Tanks,
etc
*
73 Fire pumps, skid units, and compressed air foam
systems (CAFS)
Yes
No
Such as:

Dewatering Pumps, Fire Pump
Testing, Portable Pumps, Skid Units,
etc
*
74 Firefighting suppression Yes
No
Such as:

Foam Agents, Foam Attachments,
Extinguishers, etc
75 Firefighting attack, ventilation, and rescue tools Yes No
Such as:

Rescue Tools, Hand Tools, Ventilation
Fans, Saws, Cutters, etc
76 Thermal imaging and similar situational awareness
equipment
Yes
No
Such as:

Thermal Imaging Cameras &
Accessories, etc
77 Extrication tools and equipment Yes
No
Such as:

Extrication Tools, Confined Space
Rescue Equipment, Building Collapse
& Shoring, etc
78 Technical, vertical, trench, and confined space
rescue equipment
Yes
No
Such as:

Rescue Rope, Rapid Intervention
Team Rescue, Urban Search &
Rescue, Confined Space Rescue
Equipment, Building Collapse &
Shoring, etc
79 Portable ladders Yes
No
Such as:

Aluminum, Fiberglass, Folding,
Ladder Accessories, etc
80 Hazardous materials (HazMat) response equipment Yes
No
Such as:

Boots, Decon, Suits, Test Kits, Gas
Detection, etc
81 Wildland firefighting equipment and upfits for
vehicles, ATV/UTVs
Yes
No
Such as:

Fire Shelters, Nozzles, Hand Tools,
Ignition Devices, Instruments, Bags &
Packs, Skid Units, etc
82 Related tools and accessories complementary to
the offering of 1.a.i – x
Yes
No
Such as:

Firefighter Props, Hydration & Rehab
Equipment, Area Lights, etc
*
83 Complementary services related to the equipment
offered in 1. a. i – x. above, including training,
testing, certifications, maintenance or repair,
installation and warranty programs
Yes
No
Such as:

Disaster Preparedness, Firefighting
Education, etc
*
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 84. NOTICE: To identify any exception, or to request any modification, to Sourcewell standard Contract terms, conditions, or specifications, a Proposer must submit the proposed exception(s) or requested modification(s) via redline in the Contract Template provided in the “Bid Documents” section. Proposer must upload the redline in the “Requested Exceptions” upload field. All exceptions and/or proposed modifications are subject to review and approval by Sourcewell and will not automatically be included in the Contract.

Do you have exceptions or modifications to propose? Acknowledgement * Yes
No
Documents
Ensure your submission document(s) conforms to the following:

1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.

2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.

3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.

4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” Pricing - SWE 020124 RFP Curtis Price Offering.xlsx - Thursday February 01, 2024 15:00:34 Financial Strength and Stability - Curtis Financial Statements 12312023.pdf - Wednesday January 31, 2024 21:44:59 Marketing Plan/Samples - Curtis Brochure.pdf - Wednesday January 31, 2024 22:16:11 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Curtis Terms & Conditions.pdf - Wednesday January 31, 2024 22:26:31 Standard Transaction Document Samples - Sourcewell RFP 020124 Sample.pdf - Thursday February 01, 2024 14:24:36 Upload Additional Document - Curtis-Sales-Territories-Map.pdf - Wednesday January 31, 2024 22:11:50 Requested Exceptions (optional)
Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

Addenda, Terms and Conditions

PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:

1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.

2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.

3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.

4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.

5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.

6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.

7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.

8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.

9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.

10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.

11. Proposer its employees, agents, and subcontractors are not:

1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;

2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or

3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.

By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Angela Mackey, Director of Customer Service, Fire/Rescue, Curtis The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.

Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.

Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.

File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_1_Firefighting_Equipment_RFP_020124
Fri January 19 2024 12:49 PM
1 Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E

15.I.

010424-LNC
Rev. 3/2022 1
Solicitation Number: RFP #010424

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and L.N. Curtis & Sons, 185 Lennon Lane, Suite 110, Walnut Creek, CA 94598 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Firefighting Personal Protective Equipment with Related Equipment Cleaning from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

EXPIRATION DATE AND EXTENSION. This Contract expires March 27, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.

B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 2
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 4
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 5
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 6
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 7
price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 8
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.

DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 9
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 10

14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 11
The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 12
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

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

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

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 13
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 14
Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 15
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 16
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 17
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

010424-LNC
Rev. 3/2022 18
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell L.N. Curtis & Sons
By: __________________________ By: __________________________ Jeremy Schwartz Angela Mackey
Title: Chief Procurement Officer Title: Director of Customer Service Fire/Rescue
Date: ________________________ Date: ________________________ DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA 4/22/2024 | 1:21 PM CDT 4/22/2024 | 12:51 PM CDT

15.I.

RFP 010424 - Firefighting PPE and Related Equipment Cleaning Vendor Details
Company Name: L.N. Curtis & sons
Does your company conduct
business under any other name? If
yes, please state:

Curtis
Address:
185 Lennon Lane
Suite 110
Walnut Creek, CA 94598
Contact: Nick Lawrence
Email: [email protected]
Phone: 510-499-4112
HST#:

Submission Details
Created On: Wednesday January 03, 2024 09:05:40
Submitted On: Thursday January 04, 2024 16:27:31
Submitted By: Angela Mackey
Email: [email protected]
Transaction #: 14b197b7-3225-4ab6-96d0-1d95a169b5fd
Submitter's IP Address: 73.11.118.189
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).

Line
Item Question Response *
1 Proposer Legal Name (one legal entity only):  (In
the event of award, will execute the resulting
contract as "Supplier")
L.N. Curtis & sons (Curtis)
*
2 Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the
Proposal.

N/A
*
3 Identify all applicable assumed names or DBA
names of the Proposer or Proposer's subsidiaries
in Line 1 or Line 2 above.

Curtis / L.N. Curtis / LNCurtis
*
4 Provide your CAGE code or Unique Entity Identifier
(SAM):
5E720 *
5 Proposer Physical Address: 185 Lennon Lane, Suite 110 Walnut Creek, CA  94598
*
6 Proposer website address (or addresses): https://lncurtis.com/ * 7 Proposer's Authorized Representative (name, title,
address, email address & phone) (The
representative must have authority to sign
the “Proposer’s Assurance of Compliance” on behalf
of the Proposer and, in the event of award, will be
expected to execute the resulting contract):

Angela Mackey, Director of Customer Service Fire/Rescue 185 Lennon Lane, Suite 110  Walnut Creek, CA  94598
[email protected]  |  206-305-4057 *
8 Proposer's primary contact for this proposal (name,
title, address, email address & phone):

Angela Mackey, Director of Customer Service Fire/Rescue 185 Lennon Lane, Suite 110  Walnut Creek, CA  94598
[email protected]  |  206-305-4057
*
9 Proposer's other contacts for this proposal, if any
(name, title, address, email address & phone):

Jeff Curtis, Vice President
185 Lennon Lane, Suite 110  Walnut Creek, CA  94598
[email protected]  | 510-268-3325
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

Table 2: Company Information and Financial Strength
Line
Item Question Response *
10 Provide a brief history of your company, including
your company’s core values, business philosophy,
and industry longevity related to the requested
equipment, products or services.

Our values have remained as our foundation through 95 years of successfully supporting emergency responders: Quality, Service, Integrity and Caring.

Curtis is a company whose principal product is service; whose principal resource is people; and, whose principal purpose is to be a distinguished leader in the field of supplying firefighting, search & rescue, safety, HAZMAT and emergency products/services. The company and its employees are proud to be associated with America’s emergency responders; our country’s bravest and best.

Since 1929, Curtis has been delivering exceptional customer service and a comprehensive line of firefighting and emergency products and services to local, state, and federal agencies throughout the United States and to various U.S. Government agencies located worldwide. *
11 What are your company’s expectations in the event
of an award?
In the event of an award, Curtis will maintain the highest level of customer service for Sourcewell’s members by delivering exceptional customer service and a comprehensive line of firefighting and emergency products and services to local, state, and federal agencies throughout the United States and to various U.S. Government agencies locate worldwide.

Curtis will maintain the existing high level of customer service as a premier provider for equipment to first responders.  This will be done by fulfilling customer requirements, accurately, timely and with significant value. Curtis expects to make the ensuing contract very valuable to Sourcewell and to the membership.

Curtis expects to make a fair profit and will maintain the existing high level of customer service we’ve been providing to Sourcewell member agencies under current contract 032620 since 2020. *
12 Demonstrate your financial strength and stability with meaningful data. This could include such items as
financial statements, SEC filings, credit and bond
ratings, letters of credit, and detailed reference
letters. Upload supporting documents (as applicable)
in the document upload section of your response.

Please refer to the attached document "Curtis Financial Statements 12312023" *
13 What is your US market share for the solutions that
you are proposing?
For our primary market which is the Western 13 states, we have anywhere from a 30% market share to a 60% market share, depending on the segment or product category. *
14 What is your Canadian market share for the
solutions that you are proposing?
Curtis does not sell into the Canadian market at this time. * 15 Has your business ever petitioned for bankruptcy
protection? If so, explain in detail.

Curtis has never petitioned or entered into bankruptcy protection. * 16 How is your organization best described: is it a
manufacturer, a distributor/dealer/reseller, or a
service provider?  Answer whichever question
(either a) or b) just below) best applies to your
organization.
a)    If your company is best described as a
distributor/dealer/reseller (or similar entity), provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your
dealer network independent or company owned?
b)    If your company is best described as a
manufacturer or service provider, describe your
relationship with your sales and service force and
with your dealer network in delivering the products
and services proposed in this RFP. Are these
individuals your employees, or the employees of a
third party?
a) Curtis is a distributor/dealer/reseller for all brands and models that are included in this proposal.

Curtis has a Service Provider business unit that specializes in PPE Care & Maintenance.  A fivefacility operation, provides inspection, cleaning, and repair services of personal protective equipment to all National Fire Protection Association (NFPA) standards.

Please note that written authorization from our manufacturers is available on request. *
17 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required
to be held, and actually held, by your organization
(including third parties and subcontractors that you
use) in pursuit of the business contemplated by this
RFP.

Curtis holds a license to conduct business in the thirteen Western States, with 12 facilities spread throughout Washington, Oregon, Colorado, Utah, Arizona, Idaho, Nevada, and California. *
18 Describe your compliance with applicable national
standards for the products and/or equipment offered
in your proposal, such as: National Fire Protection
Association (NFPA), Occupational Safety and Health
Administration (OSHA), and American National
Standards Institute (ANSI).

All products included in this Curtis proposal comply to the related and associated national standards and industry segment requirements, including NFPA, USFS/NFES, ANSI, ASTM, and 29 Code of Federal Regulations (CFR) 1910 (OSHA).
19 Provide all “Suspension or Debarment” information
that has applied to your organization during the past
ten years.

Curtis has never been suspended or excluded (debarred) from participating in any program, contract, or other business opportunity by any customer or group of customers. * Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
20 Describe any relevant industry awards or
recognition that your company has received in the
past five years
Curtis has received multiple dealer recognition awards from industry manufacturers for high achievement, including from Globe, MSA, Workrite, Hurst, and more. * 21 What percentage of your sales are to the
governmental sector in the past three years
Government/Municipal = 99+% *
22 What percentage of your sales are to the
education sector in the past three years
Education entities comprised less than 1% of total corporate sales. * 23 List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales
volume for each of these contracts over the past
three years?
Curtis has several cooperative purchasing contracts in place at the state, regional, and national levels.  Of note:

NPPGov: Sales on these multiple nation-wide contracts have gross sales, on average, of two-million dollars per reporting quarter.

Houston-Galveston Area Council: Sales on these multiple nation-wide contracts have gross sales, of on average, approximately ten-thousand dollars per reporting quarter.

GSA: Sales on this national/world-wide cooperative, of on average, approximately four-million dollars per year.
*
24 List any GSA contracts or Standing Offers and
Supply Arrangements (SOSA) that you hold. What
is the annual sales volume for each of these
contracts over the past three years?
Curtis is conducting activities in support of our second twenty-year GSA contract (GSA Contract 47QSWA18D009Y). Sales have averaged in excess of four-million dollars, per year. * Table 4: References/Testimonials
Line Item 25. Supply reference information from three customers who are eligible to be Sourcewell participating entities.

Entity Name * Contact Name * Phone Number *
Santa Clara Fire Department
California
Nicole Gresham
Management Analyst
408-615-4944 *
Matsu Borough Fire Department
Alaska
Jake Boothby 907-745-4801 *
Fountain Hills Fire Department
Arizona
Fire Chief Dave Ott 480-837-9820 *
Santa Fe Springs Fire Department
California
Asst. Fire Chief Michael Kozicki 562-944-9713 ex. 3811
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

Table 5: Top Five Government or Education Customers
Line Item 26. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.

Entity Name Entity Type * State / Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years *
Defense
Logistics
Agency (DLA)
Government Pennsylvania - PA Provide a wide array of firefighting equipment, tools, and PPE,
aircraft/crash rescue, hazardous
material response, emergency
medical services, homeland security,
and domestic preparedness serving a
worldwide DoD customer base
Range from a few hundred
dollars to a millions of dollars
Averaging approximately
twenty-million dollars per
years, 2020 - 2023
*
General
Services
Administration
(GSA)
Government Texas - TX Provide a wide array of products to include firefighting and rescue
equipment, PPE, law enforcement
and security equipment, special
purpose clothing, and related
equipment and services for a worldwide federal agency customer base.

Range from a few hundred
dollars to a few thousand
dollars
Averaging approximately
four-million dollars per year
*
The County of
Los Angeles Fire
Department
Government California - CA Provide a wide array of products to include Firefighting gear, Wildland
gear, station PPE.

Averages around $50,000+ Average yearly sales volume
totals approximately $2M+ *
Clark County
Fire Department
Government Nevada - NV Provide a wide array of products to include Firefighting gear, Wildland
gear, station PPE, firefighting tools,
heavy rescue, and water flow
equipment.

Averages around $95,000+ Average yearly sales volume
totals approximately $3M+
*
The City of
Los Angeles
Fire
Department
Government California - CA Products include firefighting tools, heavy rescue equipment, and
water flow equipment.

Averages around $50,000+ Average yearly sales volume
totals approximately $2.5M+ *
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.

Line
Item Question Response *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

27 Sales force. The Curtis Operation Center is the primary resource available to our customers for receiving technical and product support and customer service. Curtis’ Fire & Emergency Services Operation Centers are located in the following locations:

Curtis Walnut Creek Operations Center - Corporate HQ
Special Program Office (Programs and Contracts Management) 185 Lennon Lane, Suite 110
Walnut Creek, California 94598
Curtis Intermountain Operations Center - Fulfillment Center 1635 Gramercy Road
Salt Lake City, Utah 84101
Curtis Northwest Operations Center
6507 S. 208th Street
Kent, Washington 98032
Curtis Pacific North Operations Center
6723 Sierra Court, Suite C
Dublin, CA 94568
Curtis Pacific South Operations Center
15523 Carmenita Road
Santa Fe Springs, CA 90670
Curtis Southwest Operations Center
4647 South 33rd Street
Phoenix, AZ 85040
Curtis PPE Care & Maintenance (Main Facility)
517 West Sunset Road
Henderson, NV 89011
Curtis Customer Service will support the Sourcewell Program in several critical areas of sales support who provide face-to-face, in person customer contact for sales and marketing activities; product (technical and sales) information; on-site service activities; and monitoring of customer satisfaction.  The sales force is directly supported by 40+ customer service reps and specialists on a daily basis.

See attached document "Curtis-Sales-Territories-Map"
*
28 Dealer network or other distribution methods. Other than local, regional, national and international shipping companies, Curtis will deploy no additional distribution channel networks.
*
29 Service force. In addition to providing significant pre-sales support and services, Curtis deploys teams to provide significant post-sales support to our customer community:
• Warehousing & Inventory—logistics management and inventory control specialists who ensure the right parts go to the right customer.
• Marketing Specialists—provides educational information and training on a wide array of PPE industry topics; conducts training classes on products and product maintenance and repair procedures; and, offers seminars on specific products and product families and industry-specific standards, specifications and requirements. Areas of expertise include F&ES training, breathing air compressors, personal protective equipment, self-contained breathing apparatus, respirators, rescue tools and equipment, thermal imaging, hydraulics and water flow, and gas detection.
• Factory-certified Product Technicians—provides in-house and mobile repair and maintenance services; warranty repairs, and annual, or as requested preventative maintenance. • Personal Protective Equipment and Ensemble Care & Maintenance—A five-facility operation, provides inspection, cleaning, and repair services of personal protective equipment to all National Fire Protection Association (NFPA) standards.
• Manufacturer Field and Product Technician Teams-Curtis has access to supplier specialists and technical teams for customer support and education.
• CurtisCARE—Curtis provides our customers with training and on-boarding support, inspection, repair and maintenance services for PPE, Rescue Tools, SCBA, Compressors, Small Engine Repair, and other related products.
*
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

30 Describe the ordering process. If orders will be
handled by distributors, dealers or others, explain
the respective roles of the Proposer and others.

Curtis Procedures for Processing Orders
Curtis has developed straight forward procedures for order processing. Our order handling procedures are consistently applied to process routine, urgent, and emergency orders, product returns, and discrepant orders. Order processing is fully integrated into our automated distribution software platform (Oracle-NetSuite). This electronic system provides our sales, marketing, purchasing, accounting, and management with real time order status, while tracking inventory and shipping status.

ORDERS
Delivery order is considered issued upon receipt of order by mail, telephone, or facsimile, email, or on-line.

ORDER PROCESSING
After an order is received, Curtis uses a simple and consistent series of procedures for processing customer orders. The sourcing determination, made by the Customer Service Manager during the customer purchase order review process, is the primary factor made to determine the specific path to be taken by our staff while processing each individual order (e.g., ship from a Curtis warehouse; ship direct from the manufacturer; consolidate at a Curtis warehouse [bills-of-material orders]).

ORDER SCHEDULING & DELIVERY
Order scheduling at Curtis is based upon one of two customer requirements. Curtis’ typical commercial customer requests product delivery per product availability as specified by the supplier.

Or the customer specifies a required delivery date. Curtis accommodates both scheduling requirements efficiently and effectively using our distribution software and consistent status reviews of all active orders.

ORDER CONFIRMATION
Customer orders are confirmed by Curtis after the Customer Service Manager has reviewed the customer purchase order (customer information, product and quantity requirements, pricing and availability, and the existence of any special requirements from the customer) and entered the order into our enterprise resource planning platform (Oracle-NetSuite).

NOT-IN-STOCK CONDITIONS
Curtis processes not-in-stock product orders by determining lead times necessary to complete the order, contacting the ordering activity, and advising current lead time of product. At customer preference, Curtis offers alternative in-stock substitute products of equal or higher quality and at equal value for customer consideration.

PARTIAL DELIVERY / BACK ORDER PROCEDURES
Curtis strives to ship the entire order complete and on time. However, if Curtis is in a low stock position on a particular product and the customer will accept a substitute item and accept a partial delivery, the order will be processed during Curtis’ pre-order set-up to ensure that all items possible will be shipped either direct from our supplier or from one of the Curtis warehouses to provide the level of service our customer requests.

Back-orders are tracked via the Company’s ERP system and reports generated showing “non-fills” until the order is shipped complete.

Partial deliveries and back-orders status are provided to the customer on a regular basis until the order is filled.

ORDER BILLING
Curtis will submit invoices only after receiving assurances that our customer’s requirements have been met. Once the order has been shipped complete and all required activities specified within the order
have been accomplished, Curtis will submit invoices as required by the order.

PAYMENT FOR GOODS RECEIVED
Curtis extends payment terms of net thirty (30) days from date of invoice. *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA

15.I.

31 Describe in detail the process and procedure of
your customer service program, if applicable.

Include your response-time capabilities and
commitments, as well as any incentives that help
your providers meet your stated service goals or
promises.

Although customer and technical support is available between the hours of 7:00am and 5:00pm, local time, Monday through Friday at each of our Customer Service Operation Centers, Curtis understands that “normal office hours” has lost all real meaning in the global marketplace.

Serving a world-wide customer community spanning all time zones, Curtis’ customers contact a company representative in any of several ways, twenty-four hours a day, seven days a week, and three-hundred, sixty-five days a year (24/7/365) to discuss order placement, order tracking, problem resolution, and the myriad of other topics that will arise throughout the term of a business relationship.

Curtis’ customers contact company customer sales, service, and technical representatives via telephone, cell phone, email, or facsimile using the contact information listed on our web-site and also included in this section.

It is a standard operating procedure that all outside sales representatives and management provide office, cell phone numbers, and email addresses to the company’s customers. This enables Curtis’ customers to contact the company’s sales force directly for sales and service requests 24/7/365.

Additionally, using toll-free numbers during “outside-of-normal” business hours or on national holidays, CURTIS representatives are contacted directly or via message service 24/7/365 in order to immediately respond to emergency or non-emergency situations. CURTIS’ representatives will respond to all customer inquiries within 4 hours between the hours of 7am-5pm (local) Monday through Friday or within 24 hours during non-duty hours or national holidays. *
32 Describe your ability and willingness to provide
your products and services to Sourcewell
participating entities in the United States.

Curtis has successfully provided products and services to Sourcewell member agencies under current contract 032620 since 2020.  With the sales force detailed in #27 and the service force detailed in #29, Curtis is willing and able to support all Sourcewell users, while maintaining the contract requirements.
*
33 Describe your ability and willingness to provide
your products and services to Sourcewell
participating entities in Canada.

Curtis does not sell into the Canadian market at this time. *
34 Identify any geographic areas of the United States
or Canada that you will NOT be fully serving
through the proposed contract.

All products included in this Curtis proposal are available to the membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, Hawaii, and other states as may be acceptable to our manufacturing partners, without limitations.

Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nationwide. *
35 Identify any Sourcewell participating entity sectors (i.e., government, education, not-for-profit) that you
will NOT be fully serving through the proposed
contract. Explain in detail. For example, does your
company have only a regional presence, or do
other cooperative purchasing contracts limit your
ability to promote another contract?
As previously discussed in #34, all products included in Curtis’ proposal are available to the membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, Hawaii, and other states as may be acceptable to our manufacturing partners, without limitations. Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nation-wide. *
36 Define any specific contract requirements or
restrictions that would apply to our participating
entities in Hawaii and Alaska and in US Territories.

Shipments to customers located in the continental 48 states, as well as Alaska and Hawaii: FOB:

Origin, freight added, or as otherwise required by the customer.

List Price less the Brand Discount plus an (estimated) Freight Charge.

The customer invoice will include actual freight charges as a separate line item. Note: For those customers who require a delivered price when the quote is prepared, Curtis will follow the same procedure by utilizing available freight calculators to determine quoted freight costs.

Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nationwide. *
Table 7: Marketing Plan
Line
Item Question Response *
37 Describe your marketing strategy for promoting
this contract opportunity.  Upload representative
samples of your marketing materials (if
applicable) in the document upload section of
your response.

Curtis’ sales teams will target the areas with the greatest population densities because population densities typically correlate directly with the number of serving firefighters. However, our outside sales and customer service representative teams will also target ALL potential agency participants within the western 13 states as agency near-term procurement plans are identified.

Specifically, immediately after the contract award, our marketing department will announce the award on our website and other on-line public forums in which we participate with our customers.

Additionally, Curtis’ marketing department will prepare marketing collateral for distribution by our sales teams and through e-blast notifications to targeted customers (customers with near-term, open requirements). This collateral will explain the cooperative purchasing opportunity that is available to our customers through the new contract, and how, using this new contract the public agency may purchase a wide variety of products and services while saving time, manpower, and money.

We also offer a commitment to support Sourcewell in marketing campaigns and industry conferences to advertise the cooperative purchasing opportunities made available to the membership and to potential new members via the new contract.

Please refer to attached example of a previous Curtis Marketing Plan that was customized to address a specific served-market segment, "Item 32 - Curtis Rescue Tool Marketing Plan." *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA