Hemet City Council
January 27, 2026

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

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

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

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

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

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

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

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ECTION 8. INSPECTION AND PROTECTION OF WORK

A. Responsibility for, and security of, all work and materials is the responsibility of the Contractor until final acceptance of the Project by City.

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

C. Contractor shall make the W ork accessible at all reasonable times for inspection by C ity.

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

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

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

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

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

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ECTION 9. ASSIGNMENT AND SUBCONTRACTING

A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control.

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

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

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

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

SECTION 10. TERMINATION

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

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

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

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ECTION 11. HOLD HARMLESS AND INDEMNIFICATION

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

B. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or related to the Work or the Project, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single attorney from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse C ity its costs of

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defense, including without limitation reasonable attorney’s fees, expert fees and all other cost and fees of litigation. Contractor shall promptly pay any final judgment rendered against C ity (and its officers, officials, employees and volunteers) except for claims determined by a trier of fact to have been the result of C ity’s sole or active negligence or willful misconduct. The foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will sur vive termination of this Contract.

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

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

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

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ECTION 12. BONDS AND INSURANCE

A. Bonds.

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

2. Contractor shall submit the bonds on the forms provided Exhibit D, attached hereto, duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Co mpanies," authorized to do business in the State of California and acceptable to City conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. Each of the bonds shall be in a sum no less than one hundred percent (100%) of the Contract Price.

B. Insurance.

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

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SECTION 13. WARRANTY

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

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

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

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

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ECTION 14. LAWS TO BE OBSERVED

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

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

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

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

SECTION 16. STATE LICENSE BOARD NOTICE

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of th e date of the alleged violation. A

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complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.

SECTION 17. COMPLIANCE WITH STATE STORM WATER PERMIT

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

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ECTION 18. MISCELLANEOUS

A. Existing Utilities.

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

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

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

4. Contractor’s attention is directed to the requirements of Government Code section 4216.2 (c) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation

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shall notify the excavator of the existence of the high priority subsurface installation to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify t he location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” Contractor shall notify City in advance of this meeting.

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

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

B. Differing Site Conditions.

1. Contractor shall promptly, and before the following conditions are disturbed, notify City in writing of any:

a. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code , that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law,

b. Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders before the deadline for submitting bids, or

c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

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

3. City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in Contractor's cost of, or the time required for, performance of any part of the Wor k,

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it shall issue a Change Order under the provisions described in the Contract Documents.

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

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

C. Records and Audits.

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

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

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

D. Clayton Act and Cartwright Act.

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

Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Sec. 16700) of Part 2 of

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

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

E. Contractor Supervision.

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

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

F. Character of Workers.

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

G. Cooperation.

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

H. Notices.

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

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

Hemet, CA 92543

To Contractor: Multi W Systems, Inc.

Attn: Rafael Renteria
2615 Strozier Ave.

El Monte, CA 91733

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

I. Nondiscrimination.

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

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

J. Safety.

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

(a) Adequate life protection and lifesaving equipment and procedures;

(b) Instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and

(c) Adequate facilities for the proper inspection and maintenance of all safety measures.

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IGNATURES ON FOLLOWING PAGE]

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MINOR PUBLIC WORKS AGREEMENT
BETWEEN THE CITY OF HEMET AND MULTI W SYSTEMS, INC.

PUMP AND PANEL REPLACEMENT AT STONEY MOUNTAIN

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

City of Hemet Multi W Systems, Inc.:
(Authorized Representative of Contractor)

By: _______________________________ By: _______________________________

Mark Prestwich, City Manager Printed Name: _____________________ Title: _____________________________

Dated: ___________________________ Dated: ___________________________

(Attach Acknowledgment for Authorized
Representative of Contractor)

License No.: ________________________

ATTEST:

CITY CLERK

By: ______________________________
John Maier

APPROVED AS TO FORM:

CITY ATTORNEY

By: ____________________________
Steven Graham

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EXHIBIT A

INSURANCE REQUIREMENTS FOR MINOR PUBLIC WORKS PROJECTS

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

Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general Aggregate

Business Automobile Liability $2,000,000 combined single limit

Workers’ Compensation/Employers $1,000,000 per accident or disease Liability

Surety Bonds As described below

Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate

If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of in surance and coverage shall be available to the City.

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

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

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

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

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

6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.

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

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

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

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

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

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

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

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

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

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

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EXHIBIT B

DESIGNATION OF SUBCONTRACTORS

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

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

Portion of Work: _____________________________________ SubMulti W Systems, Inc. _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________

Portion of Work: _____________________________________ SubMulti W Systems, Inc. _____________________________________ Location of Business _____________________________________ CSLB License Number _____________________________________ DIR Registration Number _____________________________________

Name of Contractor: Multi W Systems, Inc.

Signature: ______________________________

Name and Title: ______________________________

Dated: ______________________________

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EXHIBIT C

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

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

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

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

Name of Contractor: Multi W. Systems, Inc.

DIR Registration Number: 1000844390

Contractor further acknowledges:

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

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

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

Name of Contractor: Multi W. Systems, Inc.

Signature: ______________________________

Name and Title: ______________________________

Dated: ______________________________

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EXHIBIT D

BOND FORMS

PERFORMANCE BOND

THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated December 30, 2025 is in the amount of $82,774.38 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Multi W Systems, Inc. (Contractor), (Surety), CITY OF HEMET (Owner), or other party
shall be considered plural where applicable.

CONTRACTOR: SURETY:

Multi W Systems, Inc.

Address Principal Place of Business

City/State/Zip City/State/Zip

CONSTRUCTION CONTRACT: Pump and Panel Replacement at Stoney Mountain, dated December 30, 2025, in the amount of $82,774.38.

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

Signature: Signature:

Name: Name:

Title: Title:

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BOND TERMS AND CONDITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6.2 Contractor’s obligations to pay liquidated damages; and

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

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

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

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

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

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

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

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

14. Definitions

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

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

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

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

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Page | 33

PAYMENT BOND (LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Multi W Systems, Inc. as Principal, dated the 30th day of December, 2025 (the Contract), titled the City of Hemet Pump and Panel Replacement at Stoney Mountain in the amount of $82,774.38, which Contract is by this reference made a part hereof, for the work of the following Contract:

Pump and Panel Replacement at Stoney Mountain

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

1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($82,774.38), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

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

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

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

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

CONTRACTOR AS PRINCIPAL SURETY

Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Street Address Street Address

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

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Page | 35

EXHIBIT E

CHANGE ORDER TEMPLATE

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Page | 36
E

XHIBIT F

CONTRACTOR’S PROPOSAL
(See next page)

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11 i. BID COVER SHEET

INVITATION FOR BID

PUMP & CONTROL PLANEL REPLACEMENT AT STONEY MOUNTAIN

Company Name:

Address:

Telephone #:

E-mail address:

City Business License Number:

Authorized Representative: (print)

Signature:

DIR Registration No. & Expiration Date:

Title:

Contractor’s License No. & Class:

Federal Employer ID (EIN):

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

BRAX COMPANY, INC
31248 VALLEY CENTER RD.

VALLEY CENTER CA, 92082
760-749-2209
[email protected]
45458

MICHAEL TWEED
1000441272

PRESIDENT/CEO
33-0143633
487325, A C10, C57, C61/D21
Exp.

17.B.

12/29/2025

BRAX COMPANY, INC
$95,148.08
Ninety Five Thousand,One Hundred Forty Eight
08 6

17.B.

13 iii. REFERENCE SUBMITTAL FORM

Firm #1 – Name of Firm: _________________________________________________

Address of Firm: ________________________________________________________

Contact Person: ________________________ Phone No. _______________________

Email Address: ________________________ Amount of Proj. _______________________

Date of Project: From _____________ To ____________________

Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

Firm #2 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Firm #3 – Name of Firm: _________________________________________________ Address of Firm: ________________________________________________________ Contact Person: ________________________ Phone No. _______________________ Email Address: ________________________ Amount of Proj. _______________________ Date of Project: From _____________ To ____________________ Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ CRESTLINE SANITATION DISTRICT:RECIRCULATION PUMPS 1 & 2 CRESTLINE SANITATION DISTRICT 24516 LAKE DR. CRESTLINE, CA 92325 Brandon Ricksecker
$65,000
11/04/24 11/06/24

PUMPS WITH GUIDE RAILS AND TWO NEW CHECK VALVES, REPLACING THE CURRENT FAIRBANKS MORSE SUBMERSIBLE PUMPS.

SUPPLY AND INSTALL TWO NEW SUBMERSIBLE
[email protected]
n/a
945 S HILL ST LOS ANGELES, CA 90007
PRIDE INDUSTRIES | Metro Cournt House
Jarod Perkins 626-771-8878
[email protected]
10/25/25 10/29/25
$96,000
UC San Diego Health
7197 CONVOY COURT, SUITE 10 SAN DIEGO, CA 92111
Remove (2) self priming pump and suction line and retro fit (2) submersible wastewater pumps, discharge line, control panel and floats. 6/7/24 6/12/24
Remove old booster station and retro fit new triplex booster station. $50,000
619-543-2590
[email protected]
Mike Kastner

17.B.

14 iv. BID SECURITY FORM FOR CHECK
NOTE: THE FOLLOWING FORM SHALL BE USED IN THE CASE OF CHECK ACCOMPANYING BID Accompanying this proposal is a Certified Check or Cashier’s Check payable to the order of the City of Hemet, hereinafter referred to as "Agency", for _________________________________dollars ($_____________________________), this amount being 10 percent (10%) of the total amount of the bid. This check shall be returned to

the undersigned only if either of the following occurs:

A. If said Bid shall be rejected by the Agency;

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

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

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

________________________________________ ______________________________________ Print name and title Print name and title (If the Bidder is a corporation, two signatures of corporate officers are required.) N/A
N/A

17.B.

v. BID SECURITY FORM FOR BOND
KNOW ALL BY THESE PRESENTS:

That the undersigned
Brax Company, Inc.
(Name of Contractor)
as Principal and the undersigned as Surety are held and firmly bound unto Owner, CITY OF HEMET, a political subdivision of the State of California, as obligee, in the penal sum of (Dollar Amount In Words) Ten Percent of Amount Bid
Dollars ($10% ) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal's base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents. •
WHEREAS, said Principal is submitting a Bid for [PROJECT NAME AND DESCRIPTION] • PUMP & CONTROL PANEL REPLACEMENT AT STONEY MOUNTAIN
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performanc~ Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endo·rsements, forms, and documents required under the Instructions to Bidders, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this 23rd day of December , 2o25.
(Mont~)
BFax Co
It By /
Principal
Old Republic Surety Company
(Corporate Seal)
Lawrenc
15

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16 vi. DESIGNATION OF SUBCONTRACTORS
Name of Subcontractor,
Location of Place of
Business, and Email
Address
Description and
Percentage of Work
Subcontractor's
License No.

DIR
Registration
Number

(Bidder to attach additional sheets if necessary)
(PUBLIC CONTRACT CODE 4100 ET SEQ.)

NONE

17.B.

17 vii. NON-COLLUSION DECLARATION
The undersigned declares:

I am the ______________________ of _________________, the party making the
foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________[date], at_____________[city], _______________[state]. _____________________________________
____________________________________
Signature of Bidder Date Signature of Bidder Date

_____________________________________
_________________________________
Print name and title Print name and title

(If the Bidder is a corporation, two signatures of corporate officers are required.)

PRESIDENT/CEO

BRAX COMPANY, INC
12/29/2025

VALLEY CENTER

CALIFORNIA

MICHAEL TWEED, PRESIDENT/CEO
12/29/2025

17.B.

18 viii. BIDDERS CERTIFICATION

The undersigned Bidder certifies to Owner as set forth in sections below.

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects.

Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national
origin; that all federal, state, and local directives and executive orders regarding nondiscrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

STREET REHABILITATION PROJECT Rev. 0

CERTIFICATION OF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the

17.B.

19 below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled “Previous Disqualifications.” If a statement of “Previous Disqualifications” is attached, please explain the circumstances.

CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATION REGARDING DIR CONTRACTOR / SUBCONTRACTOR

REGISTRATION
By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Contractor’s registration number is [please complete] _____________________.

Subcontractors’ registration numbers.

Bidder:____________________________
____________________________________________________________________________ Signature of Bidder Date Signature of Bidder Date

___________________________________ ____________________________________ Print name and title Print name and Title

(If the bidder is a corporation, two signatures of corporate officers are required.)

1000441272

BRAX COMPANY, INC

MICHAEL TWEED, PRESIDENT/CEO
12/29/2025

17.B.

20 ix. LEVINE ACT DISCLOSURE STATEMENT

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding. City Officers include City elected or appointed officers, their alternates, and any candidate for elective office.

Parties and their Agents are responsible for reviewing and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your organization, or any agent on behalf of you or your organization, or any organization you direct or control made any political contributions of more than $250 to any City Officer in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract?

YES NO
If yes, please complete the table on the following page. If needed, please continue on additional pages.

Officer Name Payee Name Payment Date Payment Amount

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21 2. Do you or your organization, or any agency on behalf of you or your organization, anticipate or plan to make any political contribution of more than $250 to any City Officer in the 12 months following any City Council, Board, or Commission action related to this license, permit, or contract?

YES NO
If yes, please identify the City Officer(s):

Officer Name Payee Name Payment Date Payment Amount

Answering yes to either of the two questions above does not preclude the City from awarding a license, permit, or contract to your organization or any taking any subsequent action related to the said license, permit, or contract. It does, however, preclude the identified City Officers from participating in any actions related to this license, permit, or contract.
______________________________________________________________________ (Date) (Printed Name/Title of Authorized Representative) (Name of business/legal entity) ___________________________________
(Signature)
You must submit a supplemental form if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered.
12/29/2025

MICHAEL TWEED, PRESIDENT/CEO

BRAX COMPANY, INC

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22 LEVINE ACT DISCLOSURE STATEMENT

DEFINITIONS
Term Definition Law
Covered
"proceedings"
A proceeding to grant, deny, revoke, restrict, or
modify a license, permit or other entitlement for
use, that does not solely involve purely ministerial
decisions and is:
(1) Applied for by the party;
(2) Formally or informally requested by the party;
or
(3) A contract between the agency and the party or
a franchisee granted by the agency to the party,
other than a contract that is competitively bid, a
labor contract, or a personal employment
contract.

FPPC Reg 18438.2(a)
Party
Any person who files an application for, or is the
subject of, a proceeding involving a license, permit,
or other entitlement for use.

Gov. Code 84308(a)(1)
Participant
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest
in the decision. A person actively supports or
opposes a particular decision in a proceeding if that
person lobbies in person the officers or employees
of the agency, testifies in person before the agency,
or otherwise acts to influence officers of the
agency.

Gov. Code 84308(a)(2)
FPPC Reg 18438.4
Agent
A person who represents a party or participant for
compensation and appears before or otherwise
communicates with the governmental agency for
the purpose of influencing the pending proceeding.

See FPPC Reg 18438.3 for exceptions for certain
consultants.

FPPC Reg 18438.3
Competitively Bid
A contract required by law to be awarded to the
lowest responsible bidder with a responsive bid, or,
if the successful bidder refuses or fails to execute
the contract, to the next lowest bidder with a
responsive bid.

FPPC Reg
18438.2(a)(3)(A)
Labor Contract
A contract or agreement reached through collective
bargaining or with a representative group regarding
the salary, benefits, or terms and conditions under
an employment or retirement policy for employees
or retirees, including a project labor agreement
entered under Public Contract Code Section 2500.

FPPC Reg
18438.2(a)(3)(B)
Personal
Employment
Contract
A contract for employment, including the terms and
conditions of employment, between the agency and
an agency employee. A contract with an
independent contractor is NOT a personal
employment contract.

FPPC Reg
18438.2(a)(3)(C)-(D)

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11 i. BID COVER SHEET

INVITATION FOR BID

PUMP & CONTROL PLANEL REPLACEMENT AT STONEY MOUNTAIN

Company Name:

Address:

Telephone #:

E-mail address:

City Business License Number:

Authorized Representative: (print)

Signature:

DIR Registration No. & Expiration Date:

Title:

Contractor’s License No. & Class:

Federal Employer ID (EIN):

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

HPS Mechanical, Inc.
3100 E Belle Terrace
Bakersfield, CA 93307
661/397-2121
[email protected]
Will acquire if awarded.

Scott DenHerder
10000001107
President
793014
A, B, C2, C4, C10, C16, C20,
C34, C36, C42, C43, C46

77-0564085

17.B.

12 ii. BID SHEET FOR PUMP & CONTROL PANEL REPLACEMENT AT STONEY

MOUNTAIN

DATE: _______________________

TO THE CITY OF HEMET, CALIFORNIA:

BIDDER (Firm Name)

__________________________________________________________

The undersigned hereby proposes and agrees to furnish any and all materials, equipment, tools, labor, and services for Pump Replacement at Stoney Mountain as specified in Section II Scope of Services, and to perform all work in the manner and time prescribed therein.

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

LUMP SUM BASE BID (in words and in figures) $ __________________________ (in figures)

___________________________________________ dollars & _________/100 (in words)

The above amount is the total amount bid for the entire contract work including all applicable taxes and hourly prevailing wage rates. Any alteration, erasure, or change must be clearly indicated and initialed by the bidder. The bidder agrees that if there are any discrepancies or questions in the figures, the CITY will use the lower figure despite the bidder’s intent. The City reserves the right to reject any and all bids and to waive any irregularities. Bids are valid for Ninety (90) days from time of bid.

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

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

December 29, 2025
HPS Mechanical, Inc.
1, 2, 3, 4, 5, 6
120,250.00
One hundred twenty thousand two hundred fifty
00

17.B.

13 iii. REFERENCE SUBMITTAL FORM

Firm #1 – Name of Firm: _________________________________________________

Address of Firm: ________________________________________________________

Contact Person: ________________________ Phone No. _______________________

Email Address: ________________________ Amount of Proj. _______________________

Date of Project: From _____________ To ____________________

Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

Firm #2 – Name of Firm: _________________________________________________

Address of Firm: ________________________________________________________

Contact Person: ________________________ Phone No. _______________________

Email Address: ________________________ Amount of Proj. _______________________

Date of Project: From _____________ To ____________________

Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

Firm #3 – Name of Firm: _________________________________________________

Address of Firm: ________________________________________________________

Contact Person: ________________________ Phone No. _______________________

Email Address: ________________________ Amount of Proj. _______________________

Date of Project: From _____________ To ____________________

Brief Description of Project: _____________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

PTO X004 DB Repairs to Boiler Plant 4
150 West Crest, Escondido, CA 92025
Kevin Dodson (IE Pacific)
760-294-7097
[email protected]
$3,879,980
March 2023
Installed steam boilers, plumbing and controls.

November 2020
BC Delano Learning Resource Center
NAVFAC Southwest c/o IE Pacific
Kern Community College District c/o Journey Air Conditioning 103 Michigan Street, Bakersfield, CA 93307
for wet heat piping.
wet heat system, chemical treatment of wet heat system, hookups of coils and seismic HPS installed the wet heat piping, boilers, pumps & tanks for May 2023
661-322-1633
Phil Ferdinand
[email protected]
August 2022
$321,562
Winfield Well Water Supply & Treatment Facility
Vaughn Water Company c/o Dee Jaspar & Associates
10014 Glenn Street, Bakersfield, CA 93312
Curtis Skaggs
[email protected]
661-393-4796
$3,079,104.83
September 2022
well pump, ozone treatment, stainless steel tank, and hydropneumatic tank.

Construction of well water supply facility with deep
October 2020

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State of California
County of ______________________________ }

CALIFORNIA ACKNOWLEDGMENT
©2019 National Notary Association
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, _____________________________________________, personally appeared __________________________________________________________________ __________________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Here Insert Name and Title of the Officer
Name(s) of Signer(s)
Date
Signature _________________________________
Place Notary Seal and/or Stamp Above
CIVIL CODE § 1189
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

OPTIONAL
Description of Attached Document
Title or Type of Document: _________________________________________________________ Document Date: ___________________________________________ Number of Pages: _________ Signer(s) Other Than Named Above: __________________________________________________ Capacity(ies) Claimed by Signer(s)
Signer’s Name: _______________________________
☐ Corporate Officer – Title(s): __________________
☐ Partner – ☐ Limited ☐ General
☐ Individual

☐ Attorney in Fact
☐ Trustee

☐ Guardian or Conservator
☐ Other: _____________________________________
Signer is Representing: ________________________
__________________________________________
Signer’s Name: _______________________________
☐ Corporate Officer – Title(s): __________________
☐ Partner – ☐ Limited ☐ General
☐ Individual

☐ Attorney in Fact
☐ Trustee

☐ Guardian or Conservator
☐ Other: _____________________________________
Signer is Representing: ________________________
___________________________________________
Signature of Notary Public
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Kern
Alma L. Martinez, Notary Public
Jamie L. Ramos
12/29/2025
x
x
x
x
xx
xx
xxx
xx
xxx
xx
xxx
x
xx
x
x

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Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Wes BRADFORD, Elizabeth AGUINAGA, Johannah GRIFFITH, Lorinda HOFFMANN, Julie SANDERS, Lori MCQUILLIAMS of Bakersfield, California , its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 28th day of January, A.D. 2025.

ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

____________________________
By: Christopher Nolan
Vice President

_
By: Dawn E. Brown
Secretary

State of Maryland
County of Baltimore

On this 28th day of January, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

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Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790

EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time."

CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.

RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.

RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this _______ day of ________________, ______.

Mary Jean Pethick
Vice President

TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION

OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO:

Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
[email protected]
800-626-4577
29th DECEMBER 2025

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16 vi. DESIGNATION OF SUBCONTRACTORS
Name of Subcontractor,
Location of Place of
Business, and Email
Address
Description and
Percentage of Work
Subcontractor's
License No.

DIR
Registration
Number

(Bidder to attach additional sheets if necessary)
(PUBLIC CONTRACT CODE 4100 ET SEQ.)

Laser Electric, Inc.
650 Opper Street
Escondido, CA 92029
Michael Marrone
760-658-6626
513888
1000000032
Electrical - 7.4%

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17 vii. NON-COLLUSION DECLARATION

The undersigned declares:

I am the ______________________ of _________________, the party making the
foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _____________[date], at_____________[city], _______________[state].

_____________________________________
____________________________________
Signature of Bidder Date Signature of Bidder Date

_____________________________________
_________________________________
Print name and title Print name and title

(If the Bidder is a corporation, two signatures of corporate officers are required.)

President
HPS Mechanical, Inc.
12/29/25 Bakersfield California Scott DenHerder
President
12/29/25
12/29/25
Jamie L. Ramos
Chief Administrative Officer

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18 viii. BIDDERS CERTIFICATION

The undersigned Bidder certifies to Owner as set forth in sections below.

STATEMENT OF CONVICTIONS
By my signature hereunder, I hereby swear, under penalty of perjury, that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against Bidder within the past two years because of failure to comply with an order of a Federal Court or to comply with an order of the National Labor Relations Board.

CERTIFICATION OF WORKER’S COMPENSATION INSURANCE
By my signature hereunder, as the Contractor, I certify that I am aware of the Labor Code Section 3700, which requires every employer to be insured against liability for worker's compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Please note that the submittal of this certificate does not relieve Contractor from complying with all of the insurance requirements of the Public Works Agreement and Contract Documents.

CERTIFICATION OF PREVAILING WAGE RATES AND RECORDS
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Section 1773, which requires the payment of prevailing wage on public projects.

Contractor and any subcontractors under the Contractor shall comply with Labor Code Section 1776 regarding wage records, and with Labor Code Section 1777.5 regarding the employment and training of apprentices. Contractor is responsible to ensure compliance by any and all subcontractors performing work under this Contract.

CERTIFICATION OF COMPLIANCE WITH PUBLIC WORKS CHAPTER OF LABOR CODE
By my signature hereunder, as the Contractor, I certify that I am aware of Labor Code Sections 1777.1 and 1777.7 Code, and Contractor and Subcontractors are eligible to bid and work on public works projects.

CERTIFICATION OF NON-DISCRIMINATION
By my signature hereunder, as the Contractor, I certify that there will be no discrimination in employment with regard to race, color, religion, gender, sexual orientation, age or national
origin; that all federal, state, and local directives and executive orders regarding nondiscrimination in employment will be complied with; and that the principal of equal opportunity in employment will be demonstrated positively and aggressively.

STREET REHABILITATION PROJECT
Rev. 0

CERTIFICATION OF NON-DISQUALIFICATION
By my signature hereunder, as the Contractor, I swear, under penalty of perjury, that the

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19 below indicated Bidder, any officer of Bidder, or any employee of Bidder who has a proprietary interest in such Bidder, has never been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or safety regulation, except as indicated on the separate sheet attached hereto entitled “Previous Disqualifications.” If a statement of “Previous Disqualifications” is attached, please explain the circumstances.

CERTIFICATION OF ADEQUACY OF CONTRACT AMOUNT
By my signature hereunder, as the Contractor, pursuant to Labor Code Section 2810(a), I certify that, if awarded the Contract based on the undersigned’s Bid, the Contract will include funds sufficient to allow the Contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. I understand that Owner will be relying on this certification if it awards the Contract to the undersigned.

CERTIFICATION REGARDING DIR CONTRACTOR / SUBCONTRACTOR

REGISTRATION
By my signature hereunder, as the Contractor, I certify that Contractor, and all listed Subcontractors are the subject of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code. Contractor’s registration number is [please complete] _____________________.

Subcontractors’ registration numbers.

Bidder:____________________________

____________________________________________________________________________ Signature of Bidder Date Signature of Bidder Date

___________________________________ ____________________________________ Print name and title Print name and Title

(If the bidder is a corporation, two signatures of corporate officers are required.)

HPS Mechanical, Inc.
1000001107
December 29, 2025
December 29, 2025
Jamie L. Ramos, Chief Administrative Officer
Scott DenHerder, President

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20 ix. LEVINE ACT DISCLOSURE STATEMENT

California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits City Officers from participating in any action concerning a license, permit, other entitlement for use, franchise, or contract (collectively “license, permit, or contract”) if they receive political contribution(s) from a party, or its agent(s), totaling more than $250 within the twelve (12) months before the proceeding, while a proceeding is pending, and for twelve (12) months following the date of a final decision in a proceeding. City Officers include City elected or appointed officers, their alternates, and any candidate for elective office.

Parties and their Agents are responsible for reviewing and disclosing their applicable contributions to City Officers on the record of a proceeding.

As a party to a proceeding, you are also required to provide information below about contributions made by you, your agents on behalf of you or your organization, your organization subject to the proceeding with the City, and any organization you direct or control pursuant to the aggregation rules at FPPC Reg. § 18438.5, except for uncompensated officers of a nonprofit organization. This form is to be submitted to the City and is a public record. If you have any questions about this form, please contact your City representative for assistance.

1. Have you or your organization, or any agent on behalf of you or your organization, or any organization you direct or control made any political contributions of more than $250 to any City Officer in the 12 months preceding the date of the submission of your proposals or the anticipated date of any City Council, Board, or Commission action related to this license, permit, or contract?

YES NO

If yes, please complete the table on the following page. If needed, please continue on additional pages.

Officer Name Payee Name Payment Date Payment Amount

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21 2. Do you or your organization, or any agency on behalf of you or your organization, anticipate or plan to make any political contribution of more than $250 to any City Officer in the 12 months following any City Council, Board, or Commission action related to this license, permit, or contract?

YES NO

If yes, please identify the City Officer(s):

Officer Name Payee Name Payment Date Payment Amount

Answering yes to either of the two questions above does not preclude the City from awarding a license, permit, or contract to your organization or any taking any subsequent action related to the said license, permit, or contract. It does, however, preclude the identified City Officers from participating in any actions related to this license, permit, or contract.

______________________________________________________________________ (Date) (Printed Name/Title of Authorized Representative) (Name of business/legal entity)

___________________________________
(Signature)

You must submit a supplemental form if you make any new reportable contribution(s) while the contract, license, permit, or other entitlement is being considered.

12/29/25 Scott DenHerder, President
HPS Mechanical, Inc.

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22 LEVINE ACT DISCLOSURE STATEMENT

DEFINITIONS

Term Definition Law
Covered
"proceedings"
A proceeding to grant, deny, revoke, restrict, or
modify a license, permit or other entitlement for
use, that does not solely involve purely ministerial
decisions and is:
(1) Applied for by the party;
(2) Formally or informally requested by the party;
or
(3) A contract between the agency and the party or
a franchisee granted by the agency to the party,
other than a contract that is competitively bid, a
labor contract, or a personal employment
contract.

FPPC Reg 18438.2(a)
Party
Any person who files an application for, or is the
subject of, a proceeding involving a license, permit,
or other entitlement for use.

Gov. Code 84308(a)(1)
Participant
Any person who is not a party but who actively
supports or opposes a particular decision in a
proceeding involving a license, permit, or other
entitlement for use and who has a financial interest
in the decision. A person actively supports or
opposes a particular decision in a proceeding if that
person lobbies in person the officers or employees
of the agency, testifies in person before the agency,
or otherwise acts to influence officers of the
agency.

Gov. Code 84308(a)(2)
FPPC Reg 18438.4
Agent
A person who represents a party or participant for
compensation and appears before or otherwise
communicates with the governmental agency for
the purpose of influencing the pending proceeding.

See FPPC Reg 18438.3 for exceptions for certain
consultants.

FPPC Reg 18438.3
Competitively Bid
A contract required by law to be awarded to the
lowest responsible bidder with a responsive bid, or,
if the successful bidder refuses or fails to execute
the contract, to the next lowest bidder with a
responsive bid.

FPPC Reg
18438.2(a)(3)(A)
Labor Contract
A contract or agreement reached through collective
bargaining or with a representative group regarding
the salary, benefits, or terms and conditions under
an employment or retirement policy for employees
or retirees, including a project labor agreement
entered under Public Contract Code Section 2500.

FPPC Reg
18438.2(a)(3)(B)
Personal
Employment
Contract
A contract for employment, including the terms and
conditions of employment, between the agency and
an agency employee. A contract with an
independent contractor is NOT a personal
employment contract.

FPPC Reg
18438.2(a)(3)(C)-(D)

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23 VI. ATTACHMENT “A” – SAMPLE AGREEMENT
[See separate attachment in PlanetBids Documents section]

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 27 2026
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Gregg Holyoak, Public Works Operations Manager;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding a Purchase Order for Automotive and Truck Parts to Tim Moran Ford and Authorizing to Increase the Original $50,000 Tim Moran Ford Purchase Order to the Amount of $90,000, Waiving the Standard Procurement Procedures, and Authorizing the City Manager to Execute All Documents Related to the Purchase Order

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding a Purchase Order for Automotive and Truck Parts to Tim Moran Ford and Authorizing to Increase the Original $50,000 Tim Moran Ford Purchase Order to the Amount of $90,000, Waiving the Standard Procurement Procedures, and Authorizing the City Manager to Execute All Documents Related to the Purchase Order.

BACKGROUND:

The Fleet Maintenance Division is responsible for servicing and maintaining the City's vehicle fleet, which consists of 350 vehicles and pieces of equipment. The Division supports preventative vehicle maintenance and repair needs for all City Departments, including Police, Fire/Department of Life Safety, and Public Works Departments. The maintenance of these many vehicles requires a supplier that can meet the needs of the division to deliver parts in a timely manner.

In July of 2025, City Staff established a $50,000 purchase order with Tim Moran Ford for the purchase of City vehicle parts and supplies during Fiscal Year (FY) 2025-26. Past practice has been to establish the purchase order at $50,000 and to monitor expenditures and reevaluate needs around January of each year, and recommend an appropriate adjustment. As fleet has grown, costs for repairs and maintenance have grown as well.

Below is a table of the past three years of Ford maintenance costs reflecting original and amended amounts.

17.C.

Fiscal
Year
Original
PO
Amount
Amended
Amount
Council
Approval
Total
Amount
Actual
Amount
2025-26 $50,000 Recommend
$40,000
Tentatively
Jan. 27, 2026
Recommend
$90,000 TBD
2024-25 $85,000 $0 July 9, 2024 $85,000 $85,273.86
2023-24 $50,000 $40,000 Jan. 30, 2024 $90,000 $65.815.97 2022-23 $50,000 $15,000 Jan. 23, 2023 $65,000 $58,239.25

DISCUSSION:

This recommended increase in the purchase order is the projected amount necessary to furnish factory parts and supplies to maintain City equipment through the end of fiscal year (FY) 2025-26.

Authorization by the City Council is required for this purchase order, as the recommended award amount for the fiscal year exceeds the City Manager's authority per the purchasing policy.

It is recommended that the City Council waive the standard procurement process for the increase of this purchase order amount. The City's fleet consists mostly of Ford vehicles, and Tim Moran Ford is the only local Ford dealer. This will allow our Equipment Maintenance staff to acquire the needed factory parts in a timely manner and return vehicles to service quickly.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

There is no additional General Fund impact. Funding for automotive and truck parts is available in the adopted FY 2025-26 Fleet Maintenance Operating Budget Fund 684.10.4550.52350.

ALTERNATIVE(S):

1. Do not approve the PO increase.

2. Provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1: Resolution for Tim Moran Ford PO Increase

17.C.

CITY OF HEMET RESOLUTION NO. 2026-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2026-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AWARDING A PURCHASE

ORDER FOR AUTOMOTIVE AND TRUCK PARTS TO TIM

MORAN FORD AND AUTHORIZING TO INCREASE THE
ORIGINAL $50,000 TIM MORAN PURCHASE ORDER TO
THE AMOUNT OF $90,000, WAIVING THE STANDARD

PROCUREMENT PROCEDURES, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE ALL DOCUMENTS

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

WHEREAS, the Equipment Maintenance Division services and maintains approximately 350 vehicles and pieces of equipment that make up the City’s fleet; and WHEREAS, the maintenance of these many vehicles requires a supplier that can meet the needs of the division to deliver quality parts in a timely manner; and WHEREAS, due to the economy, prices for automotive and truck parts have increased over the past five years; and
WHEREAS, in July of 2025, City Staff established a $50,000 purchase order with Tim Moran for the purchase of automotive and truck parts; and WHEREAS, staff is estimating that the Fleet Maintenance Division will spend approximately $90,000 on automotive and truck parts at Gosch Ford during fiscal year 2025/2026; and

17.C.

CITY OF HEMET RESOLUTION NO. 2026-XXX 2
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WHEREAS, funding for automotive and truck parts is available in the adopted fiscal year 2025/2026 Equipment Maintenance Operating Budget account 684.10.4550.52350; and
WHEREAS, the City's fleet consists mostly of Ford vehicles, and Tim Moran Ford is the only local Ford dealer allowing our Equipment Maintenance staff to acquire the factory parts needed in a timely manner and return vehicles to service quickly; and WHEREAS, staff recommends the City Council waive the standard procurement process and approve an increase to the Tim Moran Ford purchase order from $50,000 to $90,000 for the fiscal year 2025/2026.

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

SECTION 1.RECITALS - The above recitals are true and correct and are hereby adopted as findings in support of this Resolution.

SECTION 2.APPROVAL - Approves an increase of the current fiscal year Tim Moran Ford purchase order from $50,000 to $90,000 and waives standard procurement procedures.

SECTION 3.AUTHORIZATION - The City Manager is authorized to execute all documents related to increasing the purchase order.

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

17.C.

CITY OF HEMET RESOLUTION NO. 2026-XXX 3
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PASSED, APPROVED, AND ADOPTED this 27th day of January, 2026. ____________________________
Linda Krupa, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.C.

CITY OF HEMET RESOLUTION NO. 2026-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27 th day of January, 2026, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.C.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 27 2026
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Gregg Holyoak, Public Works Operations Manager;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automotive and Truck Tires to Parkhouse Tire Inc., Utilizing NASPO ValuePoint Contracts #24157 and #24158 and Authorizing to Increase the Original Fiscal Year 2025/2026 Purchase Order in the Amount of $50,000 to $85,000, and Authorizing the City Manager to Execute All Documents Related to the Purchase Order

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automotive and Truck Tires to Parkhouse Tire Inc., Utilizing NASPO ValuePoint Contracts #24157 and #24158 and Authorizing to Increase the Original Fiscal Year 2025/2026 Purchase Order in the Amount of $50,000 to $85,000, and Authorizing the City Manager to Execute All Documents Related to the Purchase Order.

BACKGROUND:

The Fleet Maintenance Division services and maintains over 350 vehicles and pieces of equipment that make up the City's vehicle fleet. The Division supports the vehicle preventative maintenance and repair needs for all City Departments, with the largest customer fleets belonging to the Police, Fire/Department of Life Safety, and Public Works Departments. The cost of tires continues to increase, and the City continues to grow its fleet.

In July of 2025, City Staff established a $50,000 purchase order with Parkhouse Tire, Inc. for the purchase of tires during Fiscal Year (FY) 2025/2026.

17.D.

Below is a table of the past three years of tire purchases reflecting original, amended, and actual amounts.

Fiscal Year Original PO
Amount
Amended
Amount
Council
Approval
Total
Amount
Actual
Amount
2025-26 $50,000 Recommend
$35,000
Tentatively
Jan. 27, 2026
Recommend
$85,000 TBD
2024-25 $85,000 $0 July 9, 2024 $85,000 $66,497.08
2023-24 $85,000 $0 June 27, 2023 $85,000 $75,872.38
2022-23 $50,000 $35,000 Feb. 28, 2023 $85,000 $79,150.05

ANALYSIS:

As tire prices increase and the City fleet grows, the City needs to purchase more than $50,000 in tires annually. Staff estimates that the Fleet Maintenance Division will spend up to $85,000 in FY 2025/2026 and is recommending the original $50,000 purchase order be augmented by an additional $35,000 for these purchases.

In an ongoing effort to operate in a financially sustainable manner, the Public Works Department is utilizing the Cooperative Purchase Agreements, NASPO ValuePoint Contracts #24157 and #24158.

Cooperative Purchase Agreements allow the City to secure pricing established through competitive bidding by federal, state, and local government agencies. This process benefits the City by expediting bid awards and avoiding costs related to staff time required for the development of bid specifications, advertisement, and bid openings.

DISCUSSION:

Staff recommends increasing the award of the original $50,000 blanket purchase order by $35,000 to the new amount of $85,000 to Parkhouse Tires, Inc., to cover the cost of tires for the Fleet Maintenance division to the end of the FY 2025/2026.

Authorization by the City Council is required for this purchase order, as the recommended award amount for the fiscal year exceeds the City Manager's authority per the purchasing policy.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

There is no additional General Fund impact. Funding for tires is in the adopted FY 2025-26 Equipment Maintenance Operating Budget Fund 684.10.4550.52350.

17.D.

ALTERNATIVE(S):

1. Do not approve the increase to the purchase order for Parkhouse Tire, Inc.

2. Provide alternative direction to the City Manager

ATTACHMENT(S):

Attachment 1: Resolution Parkhouse Tire PO Increase
Attachment 2: Bridgestone Agreement
Attachment 3: Continental Agreement

17.D.

CITY OF HEMET RESOLUTION NO. 2026-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2026-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AWARDING THE PURCHASE

OF AUTOMOTIVE AND TRUCK TIRES TO PARKHOUSE
TIRE INC., UTILIZING NASPO VALUEPOINT
CONTRACTS #24157 AND #24158 AND AUTHORIZING
TO INCREASE THE ORIGINAL FISCAL YEAR 2025/2026
PURCHASE ORDER IN THE AMOUNT OF $50,000 TO
$85,000, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE ALL DOCUMENTS RELATED TO THE

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

WHEREAS, the Equipment Maintenance Division services and maintains approximately 350 vehicles and equipment that make up the City’s fleet; and WHEREAS, prices for tires have significantly increased over the past five years, causing the amount needed for tires each year in the City to increase above the $50,000 purchasing threshold; and
WHEREAS, in July of 2025, City staff established a $50,000 purchase order with Parkhouse Tire, Inc. for the purchase of tires during FY 25/26; and WHEREAS, staff is recommending to increase the amount of the purchase order to $85,000, utilizing NASPO Valuepoint Contracts #24157 and #24158; and WHEREAS, the recommended award amount exceeds the City Manager's signing authority; and

17.D.

CITY OF HEMET RESOLUTION NO. 2026-XXX 2
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WHEREAS, funding for automotive and truck tires is available in the adopted FY 2025-26 Fleet Maintenance Operating Budget fund 684-4550-2350.

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

SECTION 1.RECITALS - The above recitals are true and correct and are hereby adopted as findings in support of this Resolution.

SECTION 2.APPROVAL - Approves an increase of the current fiscal year Parkhouse Tires, Inc. purchase order from $50,000 to $85,000 utilizing NASPO Valuepoint Contracts #24157 and #24158.

SECTION 3.AUTHORIZATION - The City Manager is authorized to execute all documents related to increasing the purchase order.

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

17.D.

CITY OF HEMET RESOLUTION NO. 2026-XXX 3
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PASSED, APPROVED, AND ADOPTED this 27th day of January, 2026. ____________________________
Linda Krupa, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.D.

CITY OF HEMET RESOLUTION NO. 2026-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27 th day of January, 2026, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.D.

Contract – Tires, Tubes, and Services 1
Iowa Department of Administrative Services
Contracts Declaration & Execution Page
Title of Contract:

Tires, Tubes, and Services
Bid Proposal Number
RFP0223005113
Contract Number
24158
This Agreement is entered into between the State of Iowa (by and through its agency, the Department of Administrative Services) and the Contractor named below:

State Agency’s Name:

Iowa Department of Administrative Services (DAS)
Contractor’s Name:

Bridgestone Americas Tire Operations
Contract to Begin:

July 1, 2024
Date of Expiration:

June 30, 2027
Annual Extensions:

Three (3)
The parties agree to comply with the terms and conditions and attachments which are by this reference made a part of the Agreement:

Section 1 – NASPO Valuepoint Terms and Conditions …………………..…………… ………………………………...……..Page 2 Section 2 – Scope of Work……………..………………………………………………………………………………………..…………Page 2 7 Section 3 – Pricing…………………………………………………………………………………………………………………..………….Page 3 5 Section 4 – Contacts ……………………………………………………………………………………………………………..…..……….Page 3 7 IN W
ITNESS WHEREOF, this Agreement has been executed by the parties hereto:

Contractor: Bridgestone Americas Tire Operations
By (Authorized Signature) Date Signed
Printed Name and Title of Person Signing

Address
State of Iowa: Department of Administrative Services – Central Procurement By (Authorized Signature) Date Signed
Printed Name and Title of Person Signing
Address
6/10/2024
200 4th Avenue South Nashville, TN 37201
Gregg Trosper - Business Development Government & Military Fleet Karl Wendt, Procurement Manager
1305 E. Walnut ST, Des Moines, IA 50319
June 10, 2024

17.D.

Contract – Tires, Tubes, and Services 2

SECTION 1
Terms & Conditions

1.1 Definitions

1.1.1 Acceptance means acceptance of goods and services as set forth in Section 1.9 of this Master Agreement.

1.1.2 Affiliated Dealers means dealers providing Products under this Master Agreement that are owned and operated by Contractor.

1.1.3 Approved Distributor means an authorized manufacturer’s dealer, including both Affiliated Dealers and Independent Dealers, who has agreed to the terms and conditions of the NASPO ValuePoint Master Agreement.

1.1.4 Contractor means a party to this Master Agreement, whether a person or entity, that delivers
goods or performs services under the terms set forth in this Master Agreement.

1.1.5 Embedded Software means one or more software applications which permanently reside on a
computing device.

1.1.6 Independent Dealer means an independent dealer not owned and operated by Contractor that is authorized in accordance with the Section 2 - Scope of Work to provide Products under this Master Agreement.

1.1.7 Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein.

1.1.8 Lead State means the State centrally administering any resulting Master Agreement(s) who is a party to this Master Agreement.

1.1.9 Master Agreement means the underlying agreement executed by and between the Lead State, acting in cooperation with NASPO ValuePoint, and the Contractor, as now or hereafter amended.

1.1.10 NASPO ValuePoint is a division of the National Association of State Procurement Officials (“NASPO”), a 501(c)(3) c orporation. NASPO ValuePoint facilitates administration of the NASPO cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions relating to collecting and receiving reports, as well as other contract administration functions as assigned by the Lead State.

1.1.11 Order or Purchase Order means any purchase order, sales order, contract o r other document used by a Purchasing Entity to order the Products.

17.D.

Contract – Tires, Tubes, and Services 3

1.1.12 Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any additional Participating Entity- specific language or other requirements (e.g., ordering procedures specific to the Participating Entity, entity-specific terms and conditions, etc.).

1.1.13 Participating Entity means a state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states properly authorized to enter into a Participating Addendum, that has executed a Participating Addendum.

1.1.14 Participating State means a state that has executed a Participating Addendum or has indicated an intent to execute a Participating Addendum.

1.1.15 Product or Products and Services means any equipment, software (including embedded software), documentation, service, or other deliverable supplied or created by the Contractor pursuant to this Master Agreement. The term Product includes goods and services.

1.1.16 Purchasing Entity means a state (as well as the District of Columbia and US territories), city, county, district, other political subdivision of a State, or a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues a Purchase Order against the Master Agreement and becomes financially committed to the purchase.

1.2 Term of Master Agreement

1.2.1 Initial Term
The initial term of this Master Agreement is for three (3) years. The term of this Master Agreement may be amended beyond initial term for three (3) additional one-year terms at the Lead State’s discretion and by mutual agreement and upon review of requirements of Participating Entities, current market conditions, and Contractor performance. The Lead State may, prior to execution, adjust the effective date or duration of the initial term or renewal period of any Master Agreement for the purpose of making the Master Agreement coterminous with others.

1.2.2 Amendment Limitations
The terms of this Master Agreement will not be waived, altered, modified, supplemented, or amended in any manner whatsoever without prior written agreement of the Lead State and Contractor.

1.2.3 Amendment Term
The term of the Master Agreement may be amended past the initial term and stated renewal periods for a reasonable period if in the judgment of the Lead State a follow-on competitive procurement will be unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow -on master agreement. This subsection will not be deemed to limit the authority of a Lead State under its state law to otherwise negotiate contract extensions.

17.D.

Contract – Tires, Tubes, and Services 4

1.3 Pricing, Payment & Leasing

1.3.1 Pricing
The prices contained in this Master Agreement or offered under this Master Agreement represent the not-to-exceed price to any Purchasing Entity.

1.3.1.1 All prices and rates must be guaranteed for the initial six (6) month term of the Master
Agreement.

1.3.1.2 Following the initial term of the Master Agreement, any request for a price or rate adjustment must be for an equal guarantee period and must be made at least sixty (60) days prior to the effective date.

1.3.1.3 Requests for a price or rate adjustment must include sufficient documentation supporting the request. Any adjustment or amendment to the Master Agreement will not be effective unless approved in writing by the Lead State.

1.3.1.4 No retroactive adjustments to prices or rates will be allowed.

1.3.2 Payment
Unless otherwise agreed up on in a Participating Addendum or Order, Payment after Acceptance will be made within thirty (30) days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After sixty (60) days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance, unless a different late payment amount is specified in a Participating Addendum or Order, or otherwise prescribed by applicable law.

Payments will be remitted in the manner specified in the Participating Addendum or Order. Payments may be made via a purchasing card with no additional charge.

1.3.3 Leasing or Alternative Financing Methods
The procurement and other applicable laws of some Purchasing Entities may permit the use of leasing or alternative financing methods for the acquisition of Products under this Master Agreement. Where the terms and conditions are not otherwise prescribed in an applicable Participating Addendum, the terms and conditions for leasing or alternative financing methods are subject to negotiation between the Contractor and Purchasing Entity.

1.4 Ordering

1.4.1 Order Numbers
Master Agreement order and purchase order numbers must be clearly shown on all
acknowledgments, packing slips, invoices, and on all correspondence.

1.4.2 Quotes
Purchasing Entities may define entity -specific or project -specific requirements and informally compete the requirement among companies having a Master Agreement on an “as
needed” basis. This procedure may also be used when requirements are aggregated

17.D.

Contract – Tires, Tubes, and Services 5

or other firm commitments may be made to achieve reductions in pricing. This procedure may be modified in Participating Addenda and adapted to the Purchasing Entity’s rules and policies. The Purchasing Entity may in its sole discretion determine which Master Agreement Contractors should be solicited for a quote. The Purchasing Entity may select the quote that it considers most advantageous, cost, and other factors considered.

1.4.3 Applicable Rules
Each Purchasing Entity will identify and utilize its own appropriate purchasing procedure and documentation. Contractor is expected to become familiar with the Purchasing Entities’ rules, policies, and procedures regarding the ordering of supplies and/or services contemplated by this Master Agreement.

1.4.4 Required Documentation
Contractor shall not begin work without a valid Purchase Order or other appropriate commitment document under the law of the Purchasing Entity.

1.4.5 Term of Purchase
Orders may be placed consistent with the terms of this Master Agreement and applicable Participating Addendum during the term of the Master Agreement and Participating Addendum.

1.4.5.1 Orders must be placed pursuant to this Master Agreement prior to the termination date
thereof, but may have a delivery date or performance period up to 120 days past the then-current termination date of this Master Agreement.

1.4.5.2 Notwithstanding the previous, Orders must also comply with the terms of the applicable Participating Addendum, which may further restrict the period during which Orders may be placed or delivered.

1.4.5.3 Financial obligations of Purchasing Entities payable after the current applicable fiscal year are contingent upon agency funds for that purpose being appropriated, budgeted, and otherwise made available.

1.4.5.4 Notwithstanding the expiration, cancellation or termination of this Master Agreement, Contractor shall perform in accordance with the terms of any Orders then outstanding at the time of such expiration or termination.

Contractor shall not honor any Orders placed after the expiration, cancellation, or termination of this Master Agreement, or in any manner inconsistent with this Master Agreement’s terms.

1.4.5.5 Orders for any separate indefinite quantity, task order, or other form of indefinite delivery order arrangement priced against this Master Agreement may not be placed after the expiration or termination of this Master Agreement, notwithstanding the term of any such indefinite delivery order agreement.

17.D.

Contract – Tires, Tubes, and Services 6

1.4.6 Order Form Requirements
All Orders pursuant to this Master Agreement, at a minimum, must include:

1.4.6.1 The services or supplies being delivered;

1.4.6.2 A shipping address and other delivery requirements, if any;

1.4.6.3 A billing address;

1.4.6.4 Purchasing Entity contact information;

1.4.6.5 Pricing consistent with this Master Agreement and applicable Participating Addendum and as may be adjusted by agreement of the Purchasing Entity and Contractor;

1.4.6.6 A not-to-exceed total for the products or services being ordered; and

1.4.6.7 The Master Agreement number or the applicable Participating Addendum number, provided the Participating Addendum references the Master Agreement number.

1.4.7 Communication
All communications concerning administration of Orders placed must be furnished solely to the authorized purchasing agent within the Purchasing Entity’s purchasing office, or to such other individual identified in writing in the Order.

1.4.8 Contract Provisions for Orders Utilizing Federal Funds Pursuant to Appendix II to 2 Code of Federal Regulations (CFR) Part 200, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, Orders funded with federal funds may have additional contractual requirements or certifications that must be satisfied at the time the Order is placed or upon delivery. These federal requirements may be proposed by Participating Entities in Participating Addenda and Purchasing Entities for incorporation in Orders placed under this Master Agreement.

1.5 Order of Precedence

1.5.1 Order
Any Order placed under this Master Agreement will consist of the following documents:

1.5.1.1 A Participating Entity’s Participating Addendum (“PA”);

1.5.1.2 NASPO ValuePoint Master Agreement, including all attachments thereto;

1.5.1.3 A Purchase Order or Scope of Work/Specifications issued against the Master Agreement;

1.5.1.4 The Solicitation or, if separately executed after award, the Lead State’s bilateral agreement that integrates applicable provisions;

17.D.

Contract – Tires, Tubes, and Services 7

1.5.1.5 Contractor’s response to the Solicitation, as revised (if permitted) and accepted by the Lead State.

1.5.2 Conflict
These documents will be read to be consistent and complementary. Any conflict among these documents will be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attac hed to this Master Agreement as an Exhibit or Attachment.

1.5.3 Participating Addenda
Participating Addenda will not be construed to diminish, modify, or otherwise derogate any provisions in this Master Agreement between the Lead State and Contractor.

Participating Addenda will not include a term of agreement that exceeds the term of the Master Agreement.

1.6 Participants and Scope

1.6.1 Requirement for a Participating Addendum
Contractor may not deliver Products under this Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed.

1.6.2 Applicability of Master Agreement
NASPO ValuePoint Master Agreement Terms and Conditions are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented or amended by a Participating Addendum, subject to Section III. For the purposes of illustration and not limitation, this authority may apply to unique delivery and invoici ng requirements, confidentiality requirements, defaults on Orders, governing law and venue relating to Orders by a Participating Entity, indemnification, and insurance requirements. Statutory or constitutional requirements relating to availability of funds may require specific language in some Participating Addenda in order to comply with applicable law. The expectation is that these alterations, modifications, supplements, or amendments will be addressed in the Participating Addendum or, with the consent o f the Purchasing Entity and Contractor, may be included in the ordering document (e.g., purchase order or contract) used by the Purchasing Entity to place the Order.

1.6.3 Authorized Use
Use of specific NASPO ValuePoint Master Agreements by state agencies, political subdivisions and other Participating Entities is subject to applicable state law and the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official.

1.6.4 Obligated Entities
Obligations under this Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those

17.D.

Contract – Tires, Tubes, and Services 8

Participating Add enda. States or other entities permitted to participate may use an informal competitive process to determine which Master Agreements to participate in through execution of a Participating Addendum. Participating Entities incur no financial obligations on behalf of other Purchasing Entities.

1.6.5 Notice of Participating Addendum
Contractor shall email a fully executed PDF copy of each Participating Addendum to [email protected] to support documentation of participation and posting in appropriate databases.

1.6.6 Eligibility for a Participating Addendum
Eligible entities who are not states may under some circumstances sign their own Participating Addendum, subject to the consent of the Chief Procurement Official of the state where the entity is located. Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists; the entity must ensure that they have the requisite procurement authority to execute a Participating Addendum.

1.6.7 Prohibition on Resale
Subject to any specific conditions included in the solicitation or Contractor’s proposal as accepted by the Lead State, or as explicitly permitted in a Participating Addendum, Purchasing Entities may not resell Products purchased under this Master Agreement.

Absent any such condition or explicit permission, this limitation does not prohibit:
payments by employees of a Purchasing Entity for Products; sales of Products to the general public as surplus property; and fees associated with inventory transactions with other governmental or nonprofit entities and consistent with a Purchasing Entity’s laws and regulations. Any sale or transfer permitted by this subsection must be consistent with license rights granted for use of intellectual property.

1.6.8 Individual Customers
Except as may otherwise be agreed to by the Purchasing Entity and Contractor, each Purchasing Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement and as the Participating Entity has in the Participating Addendum, including but not limited to any indemnity or right to recover any costs as such right is defined in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contractor will apply the charges and invoice each Purchasing Entity individually.

1.6.9 Release of Information
Throughout the duration of this Master Agreement, Contractor must secure from the Lead State prior approval for the release of info rmation that pertains to the potential work or activities covered by the Master Agreement. This limitation does not preclude publication about the award of the Master Agreement or marketing activities consistent with any proposed and accepted marketing plan.

17.D.

Contract – Tires, Tubes, and Services 9

1.6.10 No Representations
The Contractor shall not make any representations of NASPO ValuePoint, the Lead State, any Participating Entity, or any Purchasing Entity’s opinion or position as to the quality or effectiveness of the services that are the subject of this Master Agreement without prior written consent.

1.7 NASPO ValuePoint Provisions

1.7.1 Applicability
NASPO ValuePoint is not a party to the Master Agreement. The terms set forth in Section

1.5 are for the benefit of NASPO ValuePoint as a third -party beneficiary of this Master Agreement.

1.7.2 Administrative Fees

1.7.2.1 NASPO ValuePoint Fee
Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one -quarter of one percent (0.25% or 0.0025) no later than sixty (60) days follow ing the end of each calendar quarter. The NASPO ValuePoint Administrative Fee must be submitted quarterly and is based on all sales of products and services under the Master Agreement (less any charges for taxes or shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with a vendor’s response to the Lead State’s solicitation.

1.7.2.2 State Imposed Fees
Some states may require an additional fee be paid by Contractor directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee rate or amount, payment method, and schedule for such reports and payments will be incorporated into the applicable Participating Addendum. Unless agreed to in writing by the state, Contractor may not adjust the Master Agreement pricing to include the state fee for purchases made by Purchasing Entities within the jurisdiction of the state. No such agreement will affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by Purchasing Entities outside the jurisdiction of the state requesting the additional fee.

1.7.3 NASPO ValuePoint Summary and Detailed Usage Reports

1.7.3.1 Sales Data Reporting
In accordance with this section, Contractor shall report to NASPO ValuePoint all Orders under this Master Agreement for which Contractor has invoiced the ordering entity or individual, including Orders invoiced to Participating Entity or Purchasing Entity employees for personal use if such use is permitted by this Master Agreement and the applicable Participating Addendum (“Sales Data”).

Timely and complete reporting of Sales Data is a material requirement of this Master Agreement. Reporting requirements, including those related to the format, contents, frequency, or delivery of reports, may be updated by NASPO

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ValuePoint with reasonable notice to Contractor and without amendment to this Master Agreement. NASPO ValuePoint shall have exclusive ownership of any media on which reports are submitted and shall have a perpetual, irrevocable, non -exclusive, royalty free, and transferable right to display, modify, copy, and otherwise use reports, data, and information provided under this section.

1.7.3.2 Summary Sales Data
“Summary Sales Data” is Sales Data reported as cumulative totals by state.

Contractor shall, using the reporting tool or template provided by NASPO ValuePoint, report Summary Sales Data to NASPO ValuePoint for each calendar quarter no later than thirty (30) days following the end of the quarter. If Contractor has no reportable Sales Data for the quarter, Contractor shall submit a zero-sales report.

1.7.3.3 Detailed Sales Data
“Detailed Sales Data” is Sales Data that includes for each Order all information required by the Solicitation or by NASPO ValuePoint, including customer information, Order information, and line -item details. Contractor shall, using the reporting tool or template provided by NASPO ValuePoint, report Detailed Sales Data to NASPO ValuePoint for each calendar quarter no later than thirty (30) days following the end of the quarter. Detailed Sales Data shall be reported in the format provided in the Solicitation or provided by NASPO ValuePoint. The total sales volume of reported Detailed Sales Data shall be consistent with the total sales volume of reported Summary Sales Data.

1.7.3.4 Sales Data Crosswalks
Upon request by NASPO ValuePoint, Contractor shall provide to NASPO ValuePoint tables of customer and Product information and specific attributes thereof for the purpose of standardizing and analyzing reported Sales Data (“Crosswalks”). Customer Crosswalks must include a list of existing and potential Purchasing Entities and identify for each the appropriate customer type as defined by NASPO ValuePoint. Product Crosswalks must include Contractor’s part number or SKU for each Product in Contractor’s catalog and identify for each the appropriate Master Agreement category (and subcategory, if applicable), manufacturer part number, product description, eight -digit UNSPSC Class Level commodity code, and (if applicable) EPEAT value and Energy Star rating. Crosswalk requirements and fields may be updated by NASPO ValuePoint with reasonable notice to Contractor and without amendment to this Master Agreement. Contractor shall work in good faith with NASPO ValuePoint to keep Crosswalks updated as Contractor’s customer lists and product catalog change.

1.7.3.5 Executive Summary
Contractor shall, upon request by NASPO ValuePoint, provide NASPO ValuePoint with an executive summary that includes but is not limited to a list of states with an active Participating Addendum, states with which Contractor is in negotiations, and any Participating Addendum roll-out or implementation

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activities and issues. NASPO ValuePoint and Contractor will determine the format and content of the executive summary.

1.7.4 NASPO ValuePoint Cooperative Program Marketing, Training, and Performance Review

1.7.4.1 Staff Education
Contractor shall work cooperatively with NASPO ValuePoint personnel.

Contractor shall present plans to NASPO ValuePoint for the education of Contractor’s contract administrator(s) and sales/marketing workforce regarding the Master Agreement contract, including the competitive nature of NASPO ValuePoint procurements, the master agreement and participating addendum process, and the manner in which eligible entities can participate in the Master Agreement.

1.7.4.2 Onboarding Plan
Upon request by NASPO ValuePoint, Contractor shall, as Participating Addendums are executed, provide plans to launch the program for the Participating Entity. Plans will include time frames to launch the agreement and confirmation that the Contractor’s website has been updated to properly reflect the scope and terms of the Master Agreement as available to the Participating Entity and eligible Purchasing Entities.

1.7.4.3 Annual Contract Performance Review
Contractor shall participate in an annual contract performance review with the Lead State and NASPO ValuePoint, which may at the discretion of the Lead State be held in person and which may include a discussion of marketing action plans, target strategies, marketing materials, Contractor reporting, and timeliness of payment of administration fees.

1.7.4.4 Use of NASPO ValuePoint Logo
The NASPO ValuePoint logos may not be used by
Contractor in sales and
marketing until a separate logo use agreement is executed with NASPO ValuePoint. Contractor or its affiliates’ logos may not be used by Lead State, NASPO ValuePoint, or any Participating State for any purpose without written permission from Contractor, except that NASPO ValuePoint may display Contractor’s logo on its Portfolio website.

1.7.4.5 Most Favored Customer
Contractor shall, within thirty (30) days of their effective date, notify the Lead State and NASPO ValuePoint of any contractual most-favored-customer provisions in third -party contracts or agreements that may affect the promotion of this Master Agreement or whose terms provide for adjustments to future rates or pricing based on rates, pricing in, or Orders from this Master Agreement. Upon request of the Lead State or NASPO ValuePoint, Contractor shall provide a copy of any such provisions.

1.7.5 Cancellation

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In consultation with NASPO ValuePoint, the Lead State may, in its discretion, cancel the Master Agreement or not exercise an option to renew, when utilization of Contractor’s Master agreement does not warrant furt her administration of the Master Agreement.

The Lead
State may also exercise its right to not renew the Master Agreement if the Contractor fails to record or report revenue for three consecutive quarters, upon 60 - calendar day written notice to the Contractor. Cancellation based on nonuse or under - utilization will not occur sooner than [two years] after execution of the Master Agreement. This subsection does not limit the discretionary right of either the Lead State or Contractor to cancel the Master Agreem ent or terminate for default subject to the terms herein. This subsection also does not limit any right of the Lead State to cancel the Master Agreement under applicable laws.

1.7.6 Canadian Participation
Subject to the approval of Contractor, any Canadian provincial government or provincially
funded entity in Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, or Saskatchewan, and territorial government or territorial government funded entity in the Northwest Territories, Nunavut, or Yukon, including municipalities, universities, community colleges, school boards, health authorities, housing authorities, agencies, boards, commissions, and crown corporations, may be eligible to use Contractor's Master Agreement.

1.7.7 Additional Agreement with NASPO
Upon request by NASPO ValuePoint, awarded Contractor shall enter into a direct contractual relationship with NASPO ValuePoint related to Contractor’s obligations to NASPO ValuePoint under the terms of the Master Agreement, the terms of which shall be the same or similar (and not less favorable) than the terms set forth in the Master Agreement.

1.8 Shipping and Delivery

1.8.1 Shipping Terms
All deliveries will be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor.

1.8.1.1 Notwithstanding the above, responsibility and liability for loss or damage will remain the Contractor’s until final inspection and acceptance when responsibility will pass to the Purchasing Entity except as to latent defects, fraud, and Contractor’s warranty obligations.

1.8.2 Minimum Shipping
The minimum shipment amount, if any, must be contained in the Master Agreement. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered will be shipped without charge.

1.8.3 Inside Deliveries
To the extent applicable, all deliveries will be “Inside Deliveries” as designated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a

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delivery to a location other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Costs to repair any damage to the building interior (e.g., scratched walls, damage to the freight elevator, etc.) caused by Contractor or Contractor’s carrier will be the responsibility of the Contractor. Immediately upon becoming aware of such damage, Contractor shall notify the Purchasing Entity placing the Order.

1.8.4 Packaging
All products must be delivered in the manufacturer’s standard package. Costs must include all packing and/or crating charges. Cases must be of durable construction, in good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton must be marked with the commodity, brand, quantity, item code number and the Purchasing Entity’s Purchase Order number.

1.9 Inspection and Acceptance

1.9.1 Laws and Regulations
Any and all Products offered and furnished must comply fully with all applicable Federal,
State, and local laws and regulations.

1.9.2 Applicability
Unless otherwise specified in the Master Agreement, Participating Addendum, or ordering document, the terms of this Section IX will apply. This section is not intended to limit rights and remedies under the applicable commercial code.

1.9.3 Inspection
All Products are subject to inspection at reasonable times and places before Acceptance.

Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Master Agreement.

1.9.3.1 Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantial impairs value) latent or hidden defects subsequently revealed when goods are put to use.

1.9.3.2 Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense
incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and returned, or for which Acceptance is revoked.

1.9.4 Failure to Conform
If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by re- performance, the Purchasing Entity may require the Contractor to take necessary action

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to ensure that future performance conforms to contract requirements and reduce the contract price to reflect the reduced value of services performed.

1.9.5 Acceptance Testing
Purchasing Entity may establish a process, in keeping with industry standards, to ascertain whether the Product meets the standard of performance or specifications prior to Acceptance by the Purchasing Entity.

1.9.5.1 The Acceptance Testing period will be thirty (30) calendar days, unless otherwise specified, starting from the day after the Product is delivered or, if installed by Contractor, the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing.

1.9.5.2 If the Product does not meet the standard of performance or specifications during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day -to-day basis until the standard of performance is met.

1.9.5.3 Upon rejection, the Contractor will have fifteen (15) calendar days to cure. If after the cure period, the Product still has not met the standard of performance or specifications, the Purchasing Entity may, at its option: (a) declare Contractor to be in breach and terminate the Order; (b) demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor.

1.9.5.4 Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section.

1.9.5.5 No Product will be deemed Accepted and no charges will be paid until the standard of performance or specification is met.

1.10 Warranty

1.10.1 Applicability
Unless otherwise specified in the Master Agreement, Participating Addendum, or ordering
document, the terms of this Section 1.10 will apply.

1.10.2 Warranty
The tires are subject only to Contractor’s standard limited warranty and its warranty policies currently available at www.commercial.bridgestone.com, as updated from time to time and in effect at the time of purchase (the “SLW”). The SLW is incorporated by reference into the terms of this Master Agreement. To the extent there is a conflict between this Master Agreement and the terms of the SLW, the SLW terms will govern.

Except as specifically set forth herein, Contractor makes no warranty, either express of implied with respect to any product, and specifically disclaims all other warranties, including, without limitation, warranties for merchantability, non -infringement, and fitness for a particular purpose.

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1.10.3 Breach of Warranty
Upon breach of the warranty set forth above, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the payments made on the Product that is being replaced.

1.10.4 Rights Reserved
The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.

1.10.5 Warranty Period Start Date
The warranty period will begin upon Acceptance, as set forth in Section 1.9.

1.11 Product Title

1.11.1 Conveyance of Title
Upon Acceptance by the Purchasing Entity, Contractor shall convey to Purchasing Entity title to the Product free and clear of all liens, encumbrances, or other security interests.

1.11.2 Embedded Software
Transfer of title to the Product must include an irrevocable and perpetual license to use any Embedded Software in the Product. If Purchasing Entity subsequently transfers title of the Product to another entity, Purchasing Entity shall have the right to transfer the license to use the Embedded Software with the transfer of Product title. A subsequent transfer of this software license will be at no additional cost or charge to either Purchasing Entity or Purchasing Entity’s transferee.

1.11.3 License of Pre-Existing Intellectual Property
Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty -free, irrevocable, license to use, publish, translate, reproduce, transfer with any sale of tangible media or Product, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it (“Pre-existing Intellectual Property”). The Contractor shall be responsible for ensuring that this license is consistent with any third -party rights in the Pre -existing Intellectual Property.

1.12 Indemnification

1.12.1 General Indemnification
The Contractor shall defend, indemnify and hold harmless NASPO, NASPO ValuePoint, the
Lead State, Participating Entit ies, and Purchasing Entities, along with their officers and employees, from and against third -party claims, damages or causes of action including reasonable attorneys’ fees and related costs for any death, injury, or damage to tangible property arising fro m any act, error, or omission of the Contractor, its employees or subcontractors or volunteers, at any tier, relating to performance under this Master

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Agreement. For the avoidance of doubt and notwithstanding anything to the contrary herein, all parties to this Master Agreement or a Participating Addendum acknowledge that: (i) Contractor is providing the Products through its Affiliated Dealers and certain Independent Dealers; (ii) Contractor is responsible to the Lead State and Participating States for the wrongful acts, negligence, or other liabilities of its Affiliated Dealers; and (iii) all Independent Dealers shall be directly and fully responsible (without any liability to, or contribution from, Contractor or its employees or the Affiliated Dealers) to the Lead State and the Participating States for any wrongful acts, negligence, other liabilities, insurance requirements, and warranties directly related to the Products they provide under this Master Agreement.

1.12.1.1 The Contractor shall defend, indemnify, and hold harmless NASPO, NAPSO Value Point, the Lead State, Participating Entities, and the Purchasing Entities, along with their officers and employees, or its Affiliated Dealers, relating to the performance under this Master Agreement. Notwithstanding any other provision of this Master Agreement to the contrary, except for losses caused by Contractor, its employees, or its Affiliated Dealers’ negligence or willful misconduct (as determined by a court of competent jurisdiction in a final, non- appealable order), in no event shall Contractor, its employees, or its Affiliated Dealers be liable for any loss of actual or anticipated profits, loss of anticipated business, downtime costs or delay claims (whether direct or indirect), nor for any other special, indirect, incidental, or consequential damages arising out of, relating to, or in any way in connection with this Master Agreement or the provision of Products hereunder, whether based in warranty, contract, tort, negligence, strict liability, or otherwise.

1.12.2 Intellectual Property Indemnification
The Contractor shall defend, indemnify and hold
harmless NASPO, NASPO ValuePoint, the
Lead State, Participating Entities, Purchasing Entities, along with their officers and employees ("Indemnified Party"), from and against claims, damages or causes of action including reasonable attorneys’ fees and related costs arising out of the claim that the Product or its use infringes Intellectual Property rights of another person or entity ("Intellectual Property Claim").

1.12.2.1 The Con tractor’s obligations under this section will not extend to any combination of
the Product with any other product, system or method, unless the Product, system or method is:

1.12.2.1.1 provided by the Contractor or the Contractor’s subsidiaries or affiliates;

1.12.2.1.2 specified by the Contractor to work with the Product;

1.12.2.1.3 reasonably required to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or

Type text here

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1.12.2.1.4 reasonably expected to be used in combination with the Product.

1.12.2.2 The Indemnified Party shall notify the Contractor within a reasonable time after receiving notice of an Intellectual Property Claim. Even if the Indemnified Party fails to provide reasonable notice, the Contractor shall not be relieved from its obligations unless the Contractor can demonstrate that it was prejudiced in defending the Intellectual Property Claim resulting in increased expenses or loss to the Contractor. If the Contractor promptly and reasonably investigates and defends any Intellectual Property Claim, it shall have control over the defense and settlement of the Intellectual Property Claim. However, the Indemnified Party must consent in writing for any money damages or obligations for which it may be responsible.

1.12.2.3 The Indemnified Party shall furnish, at the Contractor’s reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defen se or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of the Intellectual Property Claim and the Contractor shall be liable for all costs and expenses, including reasonable attorneys’ fees and relat ed costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim.

1.12.2.4 Unless otherwise set forth herein, Section 1.12 is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement.

1.13 Insurance

1.13.1 Term
Contractor shall, during the term of this Master Agreement, maintain in full force and effect,
the insurance described in this section. A Participating Entity may negotiate alternative Insurance requirements in their Participating Addendum, except that a Participating State cannot require Contractor to provide copies of its unredacted insurance policies unless otherwise required by such State’s applicable law.

1.13.2 Class
Contractor shall acquire such insurance from an insurance carrier or carriers licensed to

conduct business in each Participating Entity’s state and having a rating of A-, Class VII or better, in the most recently published edition of A.M. Best’s Insurance Reports. Failure to buy and maintain the required insurance may result in this Master Agreement’s termination or, at a Participating Entity’s option, result in termination of its Participating Addendum. Unless otherwise agreed in a Participating Addendum, an exception to the requirement to buy and maintain the required insurance is allowed when Contractor is 100% self-insured. In this case, Contractor may self-insure all of its obligations under this Contract provided that such program of self- insurance is in compliance with the laws of the Participating State(s) in which Contractor conducts business. Regardless of whether the insurance is through a third -party insurer or self- insurance, the certificate of

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insurance will show the minimum dollar amount per occurrence and policy maximum per

13.3 below.

1.13.3 Coverage
Coverage must be written on an occurrence basis. The minimum acceptable limits will be as indicated below:

1.13.3.1 Contractor shall maintain Commercial General Liability insurance covering premises operations, independent contractors, products a nd completed operations, blanket contractual liability, personal injury (including death), advertising liability, and property damage, with a limit of not less than $1 million per occurrence and $2 million general aggregate;

1.13.3.2 Contractor must comply with an y applicable State Workers Compensation or

Employers Liability Insurance requirements.

1.13.4 Notice of Cancellation
Contractor shall pay premiums on all insurance policies. Contractor shall provide notice to
a Participating Entity who is a state within five (5) business days after Contractor is first aware of expiration, cancellation or nonrenewal of such policy or is first aware that cancellation is threatened or expiration, nonrenewal or expiration otherwise may occur.

1.13.5 Notice of Endorsement
Prior to commencement of performance, Contractor shall provide to the Lead State a written endorsement to the Contractor’s general liability insurance policy or other documentary evidence mutually acceptable to the Contractor and Lead State that (1) provides that written notice of cancellation will be delivered in accordance with the policy provisions, and (2) provides that the Contractor’s liability insurance policy will be primary, with any liability insurance of any Participating State as secondary; provided that Contractor’s general liability insurance shall be primary only to the extent Contractor is required to indemnify the Lead State or other Participating Entities under Section 1.12 of this Agreement.

1.13.6 Participating Entities
Contractor shall provide to Participating States and Participating Entities the same insurance obligations and documentation as those specified in Section 1.13, except the endorsement is provided to the applicable Participating State or Participating Entity.

1.13.7 Furnishing of Certificates

Contractor shall furnish to the Lead State copies of certificates of all required insurance in a form sufficient to show required coverage within thirty (30) calendar days of the execution of this Master Agreement and prior to performing any work. Copies of renewal certificates of all required insurance will be furnished within thirty (30) days after any renewal date to the applicable state Participating Entity. Failure to provide evidence of coverage may, at the sole option of the Lead State, or any Participating Entity, result in this Master Agreement’s termination or the termination of any Participating Addendum.

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1.13.8 Disclaimer
Insurance coverage and limits will not limit Contractor’s liability and obligations under this Master Agreement, any Participating Addendum, or any Purchase Order.

1.14 General Provisions

1.14.1 Records Administration and Audit

1.14.1.1 The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and Orders placed by Purchasing Entities under it to the extent and in such detail as will adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right will survive for a period of six (6) years following termination of this Agreement or final payment for any order placed by a Purchasing Entit y against this Master Agreement, whichever is later, or such longer period as is required by the Purchasing Entity’s state statutes, to assure compliance with the terms hereof or to evaluate performance hereunder. Any access to books, records, documents, o r other evidence pursuant to this Section 14 shall be upon reasonable advanced notice, during normal business hours, unless mutually agreed upon otherwise.

1.14.1.2 Without limiting any other remedy available to any governmental entity, the Contractor shall reimbu rse the applicable Lead State, Participating Entity, or Purchasing Entity for any overpayments inconsistent with the terms of the Master Agreement or Orders or underpayment of fees found as a result of the examination of the Contractor’s records.

1.14.1.3 The righ ts and obligations herein exist in addition to any quality assurance obligation in the Master Agreement that requires the Contractor to self-audit contract obligations and that permits the Lead State to review compliance with those obligations.

1.14.2 Confidentiality, Non-Disclosure, and Injunctive Relief

1.14.2.1 Confidentiality
Contractor acknowledges that it and its employees or agents may, in the course
of providing a Product under this Master Agreement, be exposed to or acquire information that is confidential to Pu rchasing Entity or Purchasing Entity’s clients.

1.14.2.1.1 Any and all information of any form that is marked as confidential or
would by its nature be deemed confidential obtained by

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Contractor or its employees or agents in the performance of this Master Agreement, including but not necessarily limited to (1) any Purchasing Entity’s records, (2) personnel records, and (3) information concerning individuals, is confidential information of Purchasing Entity (“Confidential Information”).

1.14.2.1.2 Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contractor shall be treated in the same manner as the Confidential Information.

1.14.2.1.3 Confidential Information does not include information that (1) is or becomes (other than by disclosure by Contractor) publicly known; (2) is furnished by Purchasing Entity to others without restrictions similar to those imposed by this Master Agreement; (3) is rightfully in Contractor’s possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (4) is obtained from a source other than Purchasing Entity without the obligation of confidentiality, (5) is disclosed with the written consent of Purchasing Entity; or (6) is independently developed by employees, agents or subcontractors of Contractor who can be shown to have had no access to the Confidential Information.

1.14.2.2 Non-Disclosure
Contractor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Master Agreement.

1.14.2.2.1 Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential.

Contractor shall
use commercially reasonable efforts to assist
Purchasing Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information.

1.14.2.2.2 Without limiting the generality of the foregoing, Contractor shall advise Purchasing Entity, applicable Participating Entity, and the Lead State immediately if Contractor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement, and Contractor shall at its expense cooperate with Purchas ing Entity in seeking injunctive or other equitable relief in the name of Purchasing Entity or Contractor against any such person.

1.14.2.2.3 Except as directed by Purchasing Entity, Contractor will not at any time during or after the term of this Master Agreement d isclose,

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directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Purchasing Entity’s request, Contractor shall turn over to Purchasing Ent ity all documents, papers, and other matter in Contractor's possession that embody Confidential Information.

1.14.2.2.4 Notwithstanding the foregoing, Contractor may keep one copy of such Confidential Information necessary for quality assurance, audits, and evidence of the performance of this Master Agreement.

1.14.2.2.5 If Contractor is requested by a court or governmental agency with competent jurisdiction to disclose any Confidential Information, Contractor will, to the extent legally permissible, promptly notify the applic able Purchasing Entity to that such Purchasing Entity may, in its sole discretion and at its own expense, seek a protective order, other appropriate remedy, or to narrow the scope of the required disclosure. Contractor will reasonable cooperate with the applicable Purchasing Entity in seeking any such protections.

1.14.2.3 Injunctive Relief
Contractor acknowledges that Contractor’s breach of Section 1.14 would cause
irreparable injury to the Purchasing Entity that cannot be inadequately compensated in monetary dam ages. Accordingly, Purchasing Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contractor acknowledges and agrees that the cov enants contained herein are necessary for the protection of the legitimate business interests of Purchasing Entity and are reasonable in scope and content.

1.14.2.4 Purchasing Entity Law
These provisions will be applicable only to extent they are not in conflict with the applicable public disclosure laws of any Purchasing Entity.

1.14.2.5 NASPO ValuePoint
The rights granted to Purchasing Entities and Contractor’s obligations under this section will also extend to NASPO ValuePoint’s Confidential Information, including but not limited to Participating Addenda, Orders or transaction data relating to Orders under this Master Agreement that identify the entity/customer, Order dates, line -item descriptions and volumes, and prices/rates. This provision does not apply to disclosur e to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to this Master Agreement. To the extent permitted by law, Contractor shall notify the Lead State of the identity of any entity s eeking access to the Confidential Information described in this subsection.

1.14.2.6 Public Information

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This Master Agreement and all related documents are subject to disclosure pursuant to the Lead State’s public information laws.

1.14.3 Assignment/Subcontracts

1.14.3.1 Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the Lead State.

1.14.3.2 The Lead State reserves the right to assign any rights or duties, including written assignment of contract administration duties, to NASPO ValuePoint and other third parties.

1.14.3.3 Notwithstanding the foregoing, nothing herein shall prohibit the supply of products or services pursuant to this Master Agreement b y Contractor’s Approved Distributors.

1.14.4 Changes in Contractor Representation
The Contractor must, within ten (10) calendar days, notify the Lead State in writing of any changes in the Contractor’s key administrative personnel managing the Master Agreement. The Lead State may provide feedback to Contractor regarding any changes in key personnel, as identified in the Contractor’s proposal. The Contractor shall reasonably consider the Lead State’s feedback and will propose replacement key personnel having substantially similar or better education, training, and experience as was possessed by the key person proposed and evaluated in the Contractor’s
proposal.

1.14.5 Independent Contractor
Contractor is an independent contractor. Contractor has no authorization, express or implied, to bind the Lead State, Participating States, other Participating Entities, or Purchasing Entities to any agreements, settlements, liability or understanding whatsoever, and shall not to hold itself out as agent except as expressly set forth h erein or as expressly set forth in an applicable Participating Addendum or Order.

1.14.6 Cancellation
Unless otherwise set forth herein, this Master Agreement may be canceled by either party
upon sixty (60) days’ written notice prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon thirty (30) days’ written notice, unless otherwise limited or stated in the Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this prov ision will not affect the rights and obligations attending Orders outstanding at the time of cancellation, including any right of a Purchasing Entity to indemnification by the Contractor, rights of payment for Products delivered and accepted, rights attending any warranty or default in performance in association with any Order, and requirements for records administration and audit.

Cancellation of the Master Agreement due to Contractor default may be immediate.

1.14.7 Force Majeure
Neither party to this Master A greement shall be held responsible for delay or default caused by fire, riot, unusually severe weather, other acts of God, or acts of war which are

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Contract – Tires, Tubes, and Services 23

beyond that party’s reasonable control. The Lead State may terminate this Master Agreement upon determining such delay or default will reasonably prevent successful performance of the Master Agreement.

1.14.8 Defaults and Remedies

1.14.8.1 The occurrence of any of the following events will be an event of default under this Master Agreement:

1.14.8.1.1 Nonperformance of contractual requirements;

1.14.8.1.2 A material breach of any term or condition of this Master Agreement;

1.14.8.1.3 Any certification, representation or warranty by Contractor in response to the solicitation or in this Master Agreement that proves to be untrue or materially misleading;

1.14.8.1.4 Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within thirt y (30) calendar days after the institution or occurrence thereof; or

1.14.8.1.5 Any default specified in another section of this Master Agreement.

1.14.8.2 Upon the occurrence of an event of default, the Lead State shall issue a written

notice of default, identifying the nature of the default, and providing a period of thirty (30) calendar days in which Contractor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure will not diminish or eliminate Contractor’ s liability for damages, including liquidated damages to the extent provided for under this Master Agreement.

1.14.8.3 If Contractor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contractor shall be in breach of its obligations under this Master Agreement and the Lead State shall have the right to exercise any or all of the following remedies:

1.14.8.3.1 Any remedy provided by law;

1.14.8.3.2 Termination of this Master Agreement and any related Contracts or portions thereof;

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Contract – Tires, Tubes, and Services 24

1.14.8.3.3 Suspension of Contractor from being able to respond to future bid solicitations;

1.14.8.3.4 Suspension of Contractor’s performance; and

1.14.8.3.5 Withholding of payment until the default is remedied.

1.14.8.4 Unless otherwise specified in the Participating Add endum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and shall have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum.

Unless otherwise specified in an Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions will be construed to limit the rights and remedies available to a Purchasing Entit y under the applicable commercial code.

1.14.9 Waiver of Breach
Failure of the Lead State, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies will not operate as a waiver under this Master Agreement, any Participating Addendum, or any Purchase Order. Any waiver by the Lead State, Participating Entity, or Purchasing Entity must be in writing. Waiver by the Lead State or Participating Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or by Purchasing Entity with respect to any Purchase Order, or breach of any terms or requirements of this Master Agreement, a Participating Addendum, or Purchase Order will not be construed or operate as a waiver of any subsequent default or br each of such term or requirement, or of any other term or requirement under this Master Agreement, any Participating Addendum, or any Purchase Order.

1.14.10 Debarment
The Contractor certifies that neither it nor its principals are presently debarred,

suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in public procurement or contracting by any governmental department or agency. This certification represents a recurring certification made at the time any Order is placed under this Master Agreement. If the Contractor cannot certify this statement, attach a written explanation for review by the Lead State.

1.14.11 No Waiver of Sovereign Immunity

1.14.11.1 In no event will this Master Agreement, any Participating Addendum or any contract or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity

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Contract – Tires, Tubes, and Services 25

based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court.

1.14.11.2 This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state’s sovereign immunity and is not consent by the state to be sued in federal court.

This section is also not a waiver by the state of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.

1.14.12 Governing Law and Venue

1.14.12.1 The procurement, evaluation, and award of the Master Agreement will be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of the Master Agreement after award will be governed by the law of the state serving as Lead State. The construction and effect of any Participating Addendum or Order against the Master Agreement will be governed by and construed in accordance with the laws of the Participating Entity’s or Purchasing Entity’s state.

1.14.12.2 Unless otherwise specified in the RFP, the venue for any protest, claim, dispute or action relating to the procurement, evaluation, and award is in the state serving as Lead State. Venue for any claim, dispute or action concerning the terms of the Master Agreement will be in the state serving as Lead State. Venue for any claim, dispute, or action concerning any Order placed against the Master Agreement or the effect of a Participating Addendum will be in the Purchasing Entity’s state.

1.14.12.3 If a claim is brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for (in decreasing order of priority): the Lead State for claims relating to the procurement, evaluation, award, or contract performance or administration if the Lead State is a party; a Participating State if a named party; the state where the Participating Entity or Purchasing Entity is located if either is a named party.

1.14.13 Assignment of Antitrust Rights
Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1- 15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action.

1.14.14 Survivability

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Contract – Tires, Tubes, and Services 26

Unless otherwise explicitly set forth in a Participating Addendum or Order, the terms of this Master Agreement as they apply to the Contractor, Participating Entities, and Purchasing Entities, including but not limited to pricing and the reporting of sales and payment of administrative fees to NASPO ValuePoint, shall survive expiration of this Master Agreement and shall continue to apply to all Participating Addenda and Orders until the expiration thereof.

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Contract – Tires, Tubes, and Services 27

SECTION 2
Scope of Work

2.1 This Scope of Work describes the Deliverables being sought through this Contract.

2.2 Master Agreement Objectives

The purpose of this Master Agreement(s) is to provide competitive pricing for tire products and services through retail distribution networks to all Participating States.

This Master Agreement may be used by state governments (including departments, agencies, institutions), institutions of higher education, political subdivisions (i.e., colleges, school districts, counties, cities, etc.), the District of Columbia, territories of the United States, and other eligible entities subject to approval of the using entities chief procurement official and compliance with local statutory and regulatory provisions.

2.3 Master Agreement Deliverables
The scope of this Contract includes specific full lines of tires and tubes as covered in the Manufacturer’s Price List (MPL) and related services in the subcategories listed below.

2.3.1 Tires and Tubes Subcategories

1. Pursuit and Performance Tires

2. Automobile/Passenger Vehicles

3. Light Duty Trucks: Redial and Bias

4. Medium Commercial/Heavy Duty Trucks/Buses

5. Off-the-Road OTR: Radial and Bias

6. Agriculture/Farm

7. Industrial

8. Specialty Tires

9. Retread

2.3.2 Product and Service Specifications

2.3.2.1 General Tire Specifications
The quality for all tires shall be the equivalent or greater than Original Equipment Manufacturers (OEM) as original for automobiles, trucks, tractors, buses, backhoes, loaders, motor graders, and other heavy equipment. Tires supplied shal l be marked with Federal Department of Transportation (DOT) compliance symbol. Tires shall conform to all applicable Federal Specifications.

All tires in subcategories one (1) through nine (9) shall be new, unused and shall have been produced or manufact urer within the last one (1) year prior to delivery to the purchasing Entity. Should an Authorized Dealer deliver a tire(s) with a manufacturing date exceeding the one (1) year limit, the Authorized Dealer shall pick up the expired tire(s) and replace them with tire(s) that meet

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Contract – Tires, Tubes, and Services 28

the manufacturing date requirement for no additional fee to the Purchasing Entity.

All tires shall have the size, manufacturer’s name, DOT number, serial number, and indication of body material molded in side -wall at time of cure. The application of any of the above by any other means such as branding, application of decals, etc. shall not be acceptable.

Tires offered shall have been tested to meet or exceed American Society of Testing and Materials (ASTM) Standard F1922 for high way tires, F1923 for Off Road/Low Speed tires, and meet operations performance levels and marking requirements of Federal Standards FMVSS 109 for new pneumatic passenger tires, FMVSS 139 for new pneumatic radial tires for light vehicles, and FMVSS 119 for new pneumatic non -passenger Multi -Passenger Vehicles (MPVs), trucks, buses, and trailers.

2.3.2.1.1 Pursuit and Performance Tires
Pursuit and performance tires include tires for police and other pursuit vehicles and for other high -speed, performance vehicles.

This subcategory includes any tire that is H, V, W, Y, or ZR rated or above. An H rating is the minimum speed rating for tires in this subcategory.

Tires shall be new, standard production tires expressly designed and certified by manufacturer for high speed operation and shall exhibit exceptional safety, stability, handling, and stopping characteristics. Contractor shall maintain evidence/certifications that such tires meet all laboratory test and size requirements of Federal Standards MVSS 109.

2.3.2.1.2 Automobile/Passenger Vehicles
These tires include common passenger car tires and are designated with a “P” at the beginning of the tire size. Common applications for these types of tires would be passenger cars and minivans.

Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.

2.3.2.1.3 Light Duty Trucks Radial and Bias
These tires can usually be identified by the letters “LT” at the beginning of the tire size. Common applications for these types of tires would be pickup trucks, sport utility vehicles, full size vans, and some trailers.

Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.

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Contract – Tires, Tubes, and Services 29

2.3.2.1.4 Medium Commercial/Heavy Duty Trucks/Buses
These tires do not have a letter at the beginning of the tire size.

Common applications for these types of tires would be medium and heavy trucks, buses,
semi-trucks, cargo, vans, and trailer tires. Tires in this subcategory have a diameter that is equal to or greater than twenty (20) inches.

Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.

2.3.2.1.5 Off-the-Road OTR and Low Speed Off Highway Tires (Radial and Bias)
Common applications are heavy construction equipment such as wheel loaders, backhoes, graders, and trenchers.

Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.

2.3.2.1.6 Agricultural/Farm (Radial and Bias)
Common applications are farm tractors, wagons, harvesters, and other farm implements requiring tires with high traction qualities and tires with high flotation qualities at low inflation pressures.

Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.

2.3.2.1.7 Industrial
Common applications are specialty industrial equipment, some construction equipment, and material handling equipment such as skid loaders and forklifts and include pneumatic, non0pneumatic, and press on tires.

Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.

2.3.2.1.8 Specialty Tires
Specialty tires may include, but are not limited to, recreational, all- terrain-vehicle (ATV), boat trailer, yard and garden, and aviation tires. This category also includes all other tires not identified above.

Tires shall be of standard OEM quality equal to or superior in every respect to those normally furnished as original equipment for such vehicles.

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Contract – Tires, Tubes, and Services 30

2.3.2.1.9 Retread Tires – Optional Service
A retread tire undergoes a manufacturing process to replace the worn tread on used tires to extend the longevity of the tire.

2.3.2.2 Low Roll Resistance Tires
Contractor must provide certified, low rolling resistance tires and Identify them as low roll resistance tires in the MPL. Contractor is to also provide the fuel economy rating of the low roll resistance tires offered, for example, miles per gallon fuel efficiency increase or percentage of fuel economy increase.

2.3.2.3 Tubes
All inner tubes shall be standard production first line, heavy duty butyl tubes or natural rubber of fresh stock. All tubes shall be of quality not less than the tubes normally furnished in representative quantities by OEM as original equipment for automobiles, trucks, tractors, buses, backhoes, loaders, motor graders, and other heavy equipment. Tubes shall conform to all applicable federal specifications. All tubes shall be new and shall have been produced or manufactured within the last one (1) year prior to installation or delivery to the purchasing Entity.

2.3.2.4 Detailed Services Specifications
Contractor is asked to provide pricing on each of the below mentioned listed services that may be performed by their approved Authorized Dealers to include any parts and labor. Approved Authorized Dealers shall honor the services pricing in the Contract.

Contractor is asked to provide a list of its approved Authorized Dealers for each state. The Contractor(s) is responsible for the timeliness and quality of all services provided by the approved Distributors under this Contract . NASPO ValuePoint Participating States may elect to use these services listed below at their discretion.

Product installation and repairs, such as mounting, rotation, and balancing, shall be in accordance with manufacturer’s recommended procedures of warranted new virgin-product tires for each product subcategory.

a. Tire installation with purchase in store includes dismount of used tires and tubes

b. Change tire, dismount and mount

c. Flat repair, remove, repair and mount

d. Flat repair, off vehicle

e. Rotate mounted tires (per tire)

f. New valve stem rubber or metal

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Contract – Tires, Tubes, and Services 31

g. Wheel balance – computer spin balance (per spin)

h. Wheel balance – computer spin balance and valve stem combination

i. Foam filled

j. Alignment Services – If Contractor provides this service, the prices must be a percentage discount from list price for parts and a fixed price per hour for labor.

k. Studding – Metal implants in the surface of the tread to improve traction on ice.

l. Siping – The small slots that are cut or molded into a tire tread surface. These slots are meant to aid in increasing traction in snow, ice, mud, and wet road surfaces.

m. Used tire recycle and disposal fee (per tire) – Some NASPO ValuePoint Participating States have statutes that only allow up to a specific fee to be charged. The Participating States with statue regulated fee caps will only pay the proposed amount or the statute price, whichever is lower.

n. Bulk Disposal of Tires (Optional Service) – This is considered an additional chargeable service.

Contractor must, when requested, place trailers on-site at any requesting using Entity for the disposal of scrap tires. Contractor must, on a will-call basis, within five (5) days’ notification from requesting Purchasing Entity, remove and replace full trailers with empty trailers. Trailer capacity must be a minimum of six (6) tons or scrap tires. Contractor must dispose of scrap tires that are removed in Contractor provided trailers at an approved waste tire recovery area, other approved disposal methods. Contractor must invoice for disposal of scrap tires at the established Master Agreement price per ton. Contractor must submit with invoice, documentation of scrap tire disposal weight from a disposal site, if this is the method of disposal utilized by the Contractor.

Contractor may return scrap tires mounted to wheels to Purchasing Entity if dismounting is required. With prior approval from the designated Purchasing Entity contract representative, Contractor may dismount scrap tires from wheels and invoice at the established Master Agreement price for such service.

Contractor must return wheels to purchasing Entity for disposition unless instructed otherwise by purchasing Entity.

o. Tire Pressure Monitoring System (TPMS) – Vehicles all come with a TPMS which is built into the tire valve. When new tires are mounted on a vehicle with the TPMS system, the TPMS system is reinstalled with a new washer, valve, and valve cap (TPMS service kit).

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Contract – Tires, Tubes, and Services 32

2.3.3 Customer Service

2.3.3.1 The Contractor shall provide a website dedicated to any Participating State that includes, but, is not limited to, services, cost, technical specifications, online ordering, and payment capability.

2.3.3.2 The Contractor shall provide a dedicated customer service representative(s) for the Master Agreement. The representative shall be available to respond to all Participating Entity inquiries within two (2) business day. The representative shall be available to resolve any customer service issues.

2.3.3.3 The Contractor shall report Key Performance Indicators (KPIs) measuring their customer service and response time. The KPI report shall be issued to the Contract Administrator no later than sixty (60) days following the end of each calendar year.

2.3.3.4 A Contractor representative(s) shall attend an annual meeting with the Lead State Contract Administrator and sourcing team to review usage and discuss any issues that are occurring, if requested. The Contractor shall be prepared to discuss overall effectiveness of contract, total sales, and customer service. The representative shall be resp onsible to conduct and/or coordinate sales meetings, training sessions, and product demonstrations if required.

2.3.4 Multi-Accounts within a Using Entity
Using Entities may have different agencies, departments, or divisions utilizing the goods and/or service s provided by Contractor(s). Therefore, Contractor(s) shall be able to process multiple individual accounts and unique users within a Purchasing Entity.

2.3.5 Payment Types
Contractor shall accept mailed and electronic payments/P -Cards and cannot charge additional transaction fees under this Master Agreement. Contractor shall accept each Participating Entity’s payment terms established in their Participating Addendum.

2.3.6 Recruiting and Education of Approved Distributors Contractor shall agree to continue recruiting dealers to become Approved Distributors for Participating Entities for the duration of the Master Agreement. Contractor shall further agree to continue outreach with regards to the training of Approved Distributors on the terms and requirements of th e Master Agreement and relaying billing procedures for each respective Participating Entity.

2.4 Contractor Responsibilities and Tasks

2.4.1 Administrative Fees

2.4.1.1 The Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) no later than sixty (60) days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based

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Contract – Tires, Tubes, and Services 33

on all sales of products and services under the Ma ster Agreement (less any charges for taxes and shipping). The NASPO ValuePoint Administrative Fee is not negotiable. This fee is to be included as part of the pricing in the contract.

2.4.1.2 Additionally, some Participating Entities may require an additional administrative fee be paid directly to the state only on purchases made within that state. For all such requests, the fee level, payment method, and schedule for such reports and payments shall be incorporated into the Participating Addendum that is made par t of this Master Agreement. The Contractor may adjust the Master Agreement pricing accordingly for such purchased made by Purchasing Entities within the jurisdiction of the state. All such payments shall not affect the NASPO ValuePoint Administrative Fee p ercentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee shall be based on the gross amount of all sales (less any charges for taxes and shipping) a t the adjusted prices (if any) in Participating Addenda.

2.4.2 NASPO ValuePoint Summary and Detailed Usage Reports The Contractor shall provide the following NASPO ValuePoint reports.

2.4.2.1 Summary Sales Data – The Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at:
https://calculator.naspovaluepoint.org/

2.4.2.2 Contractor agrees, as Participating Addendums become executed, if requested by ValuePoint personn el to provide plans to launch the program within the Participating State. Plans shall include time frames to launch the agreement and confirmation that the Contractor’s website has been updated to properly reflect the contract offer as available in the participating state.

2.4.2.3 Contractor agrees, absent anything to the contrary outlined in a Participating Addendum, to consider Participating Entities proposed terms and conditions, as deemed important to the Participating Entity, for possible inclusion into the Participating Addendum. Contractor shall ensure that their sales force is aware of this contracting option.

2.4.2.4 Contractor agrees to participate in an annual contract performance review at a location selected by the Lead State and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of t of administrative fees.

2.4.3 Price and Rate Guarantee Period
All prices and rates shall be guaranteed for the initial six (6) month period of the Master Agreement. Following the initial six (6) month period of the Master Agreement, the Contractor may request for a price or rate adjustment for an equal guarantee period of six (6) months, and shall be made at least sixty ( 60) days prior to the effective date.

Requests for price or rate adjustment shall include sufficient documentation supporting

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Contract – Tires, Tubes, and Services 34

the request. Any adjustment or amendment to the Master Agreement shall not be effective unless approved by the Lead State. No retroactive adjustments to prices or rate shall be allowed.

2.5 Lead State Responsibilities and Tasks

2.5.1 Adjustment in Pricing
The Lead State Contract Administrator and Multistate Sourcing Team shall review the Contractors request for a price or rate adjustment at least forty-five (45) days prior to the effective date. The Lead State Contact shall notify the Contractor their requested price or rate adjustment was approved or shall be resubmitted for approval at least thirty (30) days prior to the effective date.

2.5.2 Contract Extensions
The Lead State Contract Administrator shall give the Contractor written notice of its intent whether to exercise each renewal option no later than ninety (90) days before the end of the Contract’s then-current term.

2.5.3 Annual Review Meeting
The Lead State Contract Administrator shall coordinate a date and time that aligns with the Contractor, Contract Administrator, and Multistate Sourcing Teams schedule for the annual review meeting. The meeting shall be held in Des Moines, Iowa.

2.5.4 Participating Addendum Escalation Contact
The Lead State Contract Administrator shall be the escalation contact for a Participating Entity when the Contractor fails to respond to correspondence with the Participating Entity or if an issue or problem is not resolved in a timely fashion.

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Contract – Tires, Tubes, and Services 35

SECTION 3
Pricing

3.1 Tires Pricing
Tire pricing includes all anticipated charges, including but not limited to, freight to dealer locations, cost of product and services, transaction fees, overhead, profits, and other costs o r expenses incidental to the Contractor’s performance. Tire and Tube pricing does not include delivery to Purchasing Entities. Contractor’s discount off of Manufacturer’s Price List (MPL) pricing is shown below:

3.2 Tire Services Pricing
Tire services in clude all minor parts and labor as a total service rate. Flat rate pricing and availability of services is shown below:

Subcategory # Tire and Tube Type Percent Discount MPL Name MP: Date B1 Pursuit and Performance Tires 62% BS CONFIDENTIAL CATALOG 9/1/2023 B2 Automobile/Passenger Vehicles 43% BS CONFIDENTIAL CATALOG 9/1/2023 B3 Light Duty Trucks:
3a. Radial 37% BS CONFIDENTIAL CATALOG 9/1/2023
3b. Bias 37% BS CONFIDENTIAL CATALOG 9/1/2023
B4 Medium Commercial/Heavy Duty
Trucks/Buses 46% BS CONFIDENTIAL CATALOG 9/1/2023
B5 Off Road
5a. Off Road Radial 37% BS CONFIDENTIAL CATALOG 9/1/2023 5b. Off Road Bias 37% BS CONFIDENTIAL CATALOG 9/1/2023
B6 Agriculture/Farm
6a. Farm 23% BS CONFIDENTIAL CATALOG 9/1/2023
6b. Forestry 33% BS CONFIDENTIAL CATALOG 9/1/2023
B7 Industrial Tires 33% BS CONFIDENTIAL CATALOG 9/1/2023 B8 Specialty Tires (Motorcycle) 30% BS CONFIDENTIAL CATALOG 9/1/2023 B9 EV Tires EV WILL BE IN RESPECTIVE

SUBCATEGORY
B10 Retread 40% BS CONFIDENTIAL CATALOG 9/1/2023
Tires and Tubes by Subcategory

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Contract – Tires, Tubes, and Services 36

Product Sub-
Category 1 & 2
Product
Sub-Category
#3
Product
Sub-
Category
#5
Product Sub-
Category #6
Product
Sub-
Category #7
Product
Sub-
Category #8
Product
Sub-
Category #9
Product
Sub-Category
#10
Pursuit, Performance,
Passenger, Automobile
Light Duty
Trucks Off Road Agriculture/Farm Industrial Specialty EV Tires Retread Single Dual
1 Tire Installation w/purchase in store includes
dismount of used tires and tubes (per tire) $6.00 $18.75 $30.25 $34.75 LDQ LDQ LDQ LDQ LDQ LDQ 2 Change tire, dismount and mount $15.00 $37.75 $30.50 $35.00 LDQ LDQ LDQ LDQ LDQ LDQ 3 Flat Repair, remove, repair and mount $25.75 $42.00 $65.00 $69.50 LDQ LDQ LDQ LDQ LDQ LDQ 4 Flat repair, off vehicle $20.50 $28.50 $43.50 $48.00 LDQ LDQ LDQ LDQ LDQ LDQ 5 Rotate mounted tires (per tire) $3.75 $3.75 $47.75 $52.25 LDQ LDQ LDQ LDQ LDQ LDQ 6 New valve stem rubber or metal (per tire) $3.00 $3.00 $9.00 $9.00 LDQ LDQ LDQ LDQ LDQ LDQ 7 Wheel balance-computer spin balance (Per Tire) $22.50 $22.50 $47.50 $52.00 LDQ LDQ LDQ LDQ LDQ LDQ 8 Wheel balance/Valve stem combo (per tire) $13.50 $13.50 $56.50 $61.00 LDQ LDQ LDQ LDQ LDQ LDQ 9 Alignment services (Minor parts shall be
included in the pricing of the individual services
below.)
9a. Standard two wheel alignment $77.99 $77.99 LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 9b. Four wheel alignment $79.99 $79.99 LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 9c. Bushing/cam alignment LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 10 Studding (per tire) - To be performed on new
tires only. $16.50 $16.50 LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 11 Siping (per tire) LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 12 Used tire recycle/disposal fee (per tire) LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 13 Bulk tire disposal (min. of six tons capacity) LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ 14 Tire pressure monitoring kit (per Tire) LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ LDQ REFERENCE: LDQ - LOCAL DEALER QUOTE
REFERENCE: BRIDGESTONE US STANDARD SERVICE & LABOR RATES CATALOG NASPO ValuePoint Pricing for Services
Type of Service
Product
Sub-Category #4
Medium Commercial/
Heavy Duty/Bus

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Contract – Tires, Tubes, and Services 37

SECTION 4

CONTACTS

4.1 Bridgestone
Gregg Trosper
615.815.0769
[email protected]

4.2 State of Iowa – DAS/Procurement Contact
Craig Trotter
515.322.8593
[email protected]

4.3 NASPO-Valuepoint
Josh Descoteaux
589.551.0958
[email protected]

17.D.

1830 MacMillan Park Dr
Fort Mill, SC 29707
Karl Wendt, Procurement Manager
1305 E Walnut ST
Des Moines, IA 50319
June 26, 2024

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17.D.

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17.D.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 27 2026
Department: Administration
Submitted by: Mark Prestwich, City Manager
Kristian Ticas, Community Solutions Coordinator;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the Second Amendment to the Agreement with Kaiser Foundation Health Plan, Inc., and Kaiser Foundation Hospitals (KP) to Approve an Additional Third Day of Mobile Health Services Under the Current Parking License Agreement

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute the Second Amendment to the Agreement with Kaiser Foundation Health Plan, Inc., and Kaiser Foundation Hospitals (KP) to Approve an Additional Third Day of Mobile Health Services Under the Current Parking License Agreement.

BACKGROUND:

In accordance with continually seeking ways to improve access to higher-quality, affordable healthcare for its constituents, the City of Hemet City Council approved on November 12, 2024, a lease for Kaiser Permanente's (KP) use of a City-owned parking lot, situated at 249 N. Carmalita St, Hemet, CA 92543. The use allows for KP's 53-foot Mobile Health Vehicle (MHV) to park and operate their clinic every Thursday and every other Monday (excluding holidays) between the hours of 8:00 AM and 5:00 PM.

On May 27, 2025, the City Council authorized the City Manager to execute the first amendment to this agreement, standardizing the days of operation for the MHV to every Monday and Thursday (excluding holidays) with stated hours of operation.

ANALYSIS:

After several months, the consistency of the KP MHV being there twice a week has resulted in a greater response from KP members requesting an additional day of services for the City of Hemet.

17.E.

KP MHV staff has consulted with their regional supervisors and they have now requested to be allowed parking lot use for their MHV every Monday, Tuesday and Thursday (excluding holidays).

This means access can now be granted three times a week on a consistent weekly basis for Kaiser members.

DISCUSSION:

Kaiser Permanente now participates in Medi-Cal services across many counties in California and provides free or low-cost health coverage to people who qualify. Income-eligible children (ages 0-18) and pregnant women can enroll in full scope Medi-Cal, no matter their immigration status. Coverage is for the entire pregnancy and one year after the pregnancy ends.

The City acknowledges the need to address health disparities by providing services that are easily accessible to all community members, especially those who may face barriers to conventional healthcare access due to transportation, financial, or other limitations. The additional day of service request will provide more consistent and predictable access that better supports ongoing programs or services benefiting the community, creating a weekly routine and supporting regular scheduling that improves accessibility to KP members.

PREVIOUS COUNCIL ACTION:

Previous resolution for amendment was approved for execution by City Council on May 27, 2025.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Objective 3: Increase Public Safety visibility and response.

GOAL 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:

There will be no fiscal impact to the City.

17.E.

ATTACHMENT(S):

Attachment 1: Resolution Authorizing City Manager to Execute Second Amendment to the MOU with KP
Attachment 2: Second Amendment Kaiser Foundation Health Plan - Mobile Parking License Agreement

17.E.

CITY OF HEMET RESOLUTION NO. 2026-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE SECOND AMENDMENT

TO THE AGREEMENT WITH KAISER FOUNDATION
HEALTH PLAN, INC. AND KAISER FOUNDATION

HOSPITALS TO APPROVE AN ADDITIONAL THIRD DAY

OF MOBILE HEALTH SERVICES UNDER THE CURRENT

PARKING LICENSE AGREEMENT
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”) is committed to improving access to quality, affordable healthcare services for its residents; and WHEREAS, on November 12, 2024, the City Council approved a Parking License Agreement with Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (collectively, “Kaiser Permanente” or “KP”) allowing KP to operate a 53-foot Mobile Health Vehicle (“MHV”) on City-owned property located at 249 N. Carmalita Street, Hemet, California; and
WHEREAS, on May 27, 2025, the City Council authorized the City Manager to execute the First Amendment to the Agreement, standardizing the days of operation to every Monday and Thursday, excluding holidays; and
WHEREAS, following several months of consistent service, KP has experienced increased demand from Kaiser members within the City of Hemet and has requested authorization for an additional third day of service; and

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CITY OF HEMET RESOLUTION NO. 2026-XXX 2
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WHEREAS, KP has formally requested to amend the existing Agreement to allow the Mobile Health Vehicle to operate every Monday, Tuesday, and Thursday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m; and WHEREAS, the proposed Second Amendment modifies Exhibit “B” of the Agreement to reflect the additional day of permitted use while leaving all other terms and conditions unchanged; and
WHEREAS, providing expanded mobile healthcare services supports the City’s Strategic Plan goals related to Quality of Life, Community Engagement, and Partnership & Collaboration by increasing access to essential health services, addressing health disparities, and strengthening partnerships with regional healthcare providers; and NOW, THEREFORE, BE IT RESOLVED, the City Council hereby approves the Second Amendment to the Mobile Health Vehicle Parking License Agreement with Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals to authorize an additional third day of Mobile Health Vehicle operations. The City Manager is hereby authorized and directed to execute the Second Amendment and any non-substantive or administrative documents necessary to carry out the intent of this Resolution. The additional authorized days of Mobile Health Vehicle operation shall be every Monday, Tuesday, and Thursday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m., as set forth in Exhibit “B” of the Agreement, as amended. This Resolution shall take effect immediately upon adoption.

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CITY OF HEMET RESOLUTION NO. 2026-XXX 3
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BE IT FURTHER RESOLVED, that the City of Hemet will work in close partnership with KP to facilitate the ongoing success of this clinic and monitor its impact on public health outcomes, continuing to support efforts to bring essential health services directly to our community.

Dated the 27th day of January, 2026.

PASSED, APPROVED AND ADOPTED this 27th day of January, 2026. ____________________________
Linda Krupa, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.E.

CITY OF HEMET RESOLUTION NO. 2026-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27th day of JANUARY, 2026, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.E.

00091753.1

SECOND AMENDMENT TO

AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER
FOUNDATION HOSPITALS (COLLECTIVELY, “KP”)
DATED: __________

17.E.

00091753.1 Page | 1

SECOND AMENDMENT TO AGREEMENT
This Second Amendment to the Mobile Health Vehicle Parking License Agreement for the hosting of the Mobile Health Vehicle (“MHV”) in a section of the Licensors Parking Lot is made and entered into as of this ___ th day of ____, 2026, by and between the City of Hemet (“Licensor”), a California municipal corporation and Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (collectively, “KP”). Licensor and KP are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. Licensor and KP entered into an agreement entitled “Mobile Health Vehicle Parking License Agreement” dated November 1, 2024 (“Agreement”), as amended by the First Amendment dated May 7, 2025, for the purpose of KP hosting the MHV in a section of its Parking Lot situated at 249 N. Carmalita St, Hemet, CA 92543 (“Parking Lot”) on a regular scheduled basis.

B. Pursuant to Section 16 of the Agreement, the Parties desire to amend the Agreement to further revise the days of permitted use on Exhibit “B”.

C. Exhibit “B” of the Agreement, as amended by the First Amendment, currently provides that the days of operation are every Monday and Thursday.

D. This Second Amendment amends Exhibit “B” of the Agreement to extend the days of operation to every Monday, Tuesday and Thursday.

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

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

1.1 [PERMITTED USES]. Exhibit “B” of the Agreement is hereby amended as follows:

Days and Hours of Permitted Use:

Every Monday, Tuesday and Thursday (Excluding Holidays) between the hours of 8AM and 5PM.

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00091753.1 Page | 2

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

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

4.SEVERABILITY. If any portion of this Second 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 Second Amendment shall not become effective until the date it has been executed by the appropriate authorities of the Licensor and KP.

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

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

17.E.

00091753.1 Page | 3
IN WITNESS WHEREOF, the Parties hereto have executed this Second 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: ____________________________
KP
By:

Its:

17.E.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 27 2026
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the New Position of Network Systems Administrator, Approving a New Salary Schedule to Include the New Position of Network Systems Administrator, Adding the New Position of Network Systems Administrator to the Approved Budgeted Position List for Fiscal Year 2025-26, and Authorizing the Administrative Services Director to Establish Supplemental Appropriations in the Amount of $60,000 in Fund 680 Information Technology

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the new position of Network Systems Administrator, Approving a new Salary Schedule to include the new position of Network Systems Administrator, adding the new position of Network Systems Administrator to the Approved Budgeted Position List for Fiscal Year 2025-26, and authorizing the Administrative Services Director to establish Supplemental Appropriations in the amount of $60,000 in Fund 680 Information Technology.

BACKGROUND:

As discussed in Staff Report No. 25-339 on November 12, 2025, the City engaged Client First Technology Consulting to conduct a comprehensive assessment of the City’s information technology operations, capital replacement needs, and staffing levels. Client First’s analysis determined that, although the City’s overall technology expenditures align with industry benchmarks, Information Technology staffing levels are critically below those of comparable full-service municipalities. As a result, Client First recommended a phased 5-year staffing plan to address these deficiencies and support the City’s growing reliance on technology.

The City of Hemet’s Information Technology (IT) Division relies on a combination of in-house expertise and contracted services to deliver critical technology projects, including networking, server installation and maintenance, and wireless communications. As IT employees advance and gain more experience and certificates, the City lacks a designated promotional pathway that aligns with

17.F.

these higher levels of qualification and responsibility. The absence of a suitable advancement opportunity presents a retention challenge. Without such a structure in place, the City risks losing a proven, high-performing IT professional who has become a valuable contributor to ongoing and future projects.

ANALYSIS:

The proposed addition of a Network Systems Administrator is consistent with the Year One staffing recommendation of that plan and is intended to strengthen in-house network and infrastructure support, enhance cybersecurity readiness, and reduce dependence on external consultants.

Implementing this position represents an initial and necessary step toward achieving sustainable staffing levels and ensuring the long-term reliability and security of the City’s technology systems.

Additionally, key supports Administrator Systems position a of establishment the Network organizational goals, including employee retention, operational effectiveness, fiscal responsibility, and long-term stability within the IT Division. A clear promotional pathway is essential for retaining qualified staff in a competitive labor market and fostering professional growth within the organization.

Moreover, keeping expertise in-house provides the City with critical flexibility, responsiveness, and institutional knowledge that cannot be replicated through contracted services.

Creating staffing Technology Information municipal in best with aligns position this practices structures and ensures the City can continue delivering high-quality, cost-effective networking improvements. the Systems Network new of reasons, recommends staff approval these For Administrator classification with a salary range of $9,329 - $11,906 monthly.

The IT Division currently depends heavily on external design, installation, and maintenance for City networking projects. Consultants work with internal staff coordinating purchasing and installation of networking projects. This increases the City’s reliance on outside consultants, often increasing project costs and increasing design timelines.

Consultant contracts typically represent a substantial expense for IT projects. Retaining networking expertise cost-effective promotes savings, quantifiable project organization the within provides delivery, and ensures greater control over the design process. Establishing this new position allows the City to fully utilize the enhanced skills and experience of a potential internal staff member, thereby maximizing the value of an existing investment in employee development and training.

The Network Systems Administrator classification also strengthens the City’s ability to manage dynamic project conditions. In-house staff can make timely design adjustments as projects advance through the development phase, improving efficiency and reducing delays that commonly occur when relying on external consultants.

conferred and met have staff City Meyers-Milias-Brown Act the to Pursuant with (MMBA), representatives from the Hemet Mid-Managers Association (HMMA). City representatives and HMMA representatives agreed upon the position, pay, and benefits.

PREVIOUS COUNCIL ACTION:

On November, 12, 2025, Client First Technology Consulting provided a report on their comprehensive assessment of the City’s information technology operations, capital replacement needs, and recommended staffing levels.

17.F.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

FISCAL IMPACT:

establish to balance Fund Technology the Information will resolution this of Approval use appropriations in the amount of $60,000 to support approximately five months of fully burdened salary and benefits. Ongoing staffing costs will be incorporated into future fiscal year budgets.

ALTERNATIVE(S):

Council may either not approve this item or provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1: Resolution Approving an Amendment to the City Classification and Compensation Plan Attachment 2: Network Systems Administrator Job Description Attachment 3: Salary Schedule

17.F.

CITY OF HEMET RESOLUTION NO. 2026-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2026-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA APPROVING AN AMENDMENT
TO THE CITY’S CLASSIFICATION AND COMPENSATION

PLAN TO INCLUDE THE NEW POSITION OF NETWORK

SYSTEMS ADMINISTRATOR, APPROVING A NEW

SALARY SCHEDULE TO INCLUDE THE NEW POSITION

OF NETWORK SYSTEMS ADMINISTRATOR, ADDING

THE NEW POSITION OF NETWORK SYSTEMS

ADMINISTRATOR TO THE APPROVED BUDGETED
POSITION LIST FOR FISCAL YEAR 2025-26, AND

AUTHORIZING THE ADMINISTRATIVE SERVICES

DIRECTOR TO ESTABLISH SUPPLEMENTAL
APPROPRIATIONS IN THE AMOUNT OF $60,000 IN
FUND 680 INFORMATION TECHNOLOGY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City’s Information Technology (IT) Division relies on a combination of in-house expertise and contracted services to deliver critical technology projects; and
WHEREAS, when IT employees advance and gain more experience and certificates, the City lacks a designated promotional pathway that aligns with these higher levels of qualification and responsibility; and
WHEREAS, the absence of a suitable advancement opportunity presents a retention challenge. Without such a structure in place, the City risks losing a proven, high-performing IT professional who has become a valuable contributor to ongoing and future projects; and

17.F.

CITY OF HEMET RESOLUTION NO. 2026-XXX 2
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WHEREAS, the creation of a Network Systems Administrator position is both strategically and operationally justified, focusing more on in-house expertise rather than external consultants; and
WHEREAS, establishing this new position allows the City to fully utilize the enhanced skills and experience of internal staff, thereby maximizing the value of an existing investment in employee development and training; and WHEREAS, the City has met and conferred with representatives from Hemet Mid Managers Association (HMMA) and agreed upon the position, pay, and benefits.

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

SECTION 1.Establish the new position of Network Systems Administrator.

SECTION 2.Establish a salary range of $9,329 - $11,906 monthly.

SECTION 3.Authorize the Administrative Services Director to establish supplemental appropriations in the amount of $60,000 in Fund 680 Information Technology for approximately five months of salaries and benefits.

SECTION 4.The effective date of this action will be the date of approval of this resolution, January 27th, 2026.

17.F.

CITY OF HEMET RESOLUTION NO. 2026-XXX 3
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PASSED, APPROVED, AND ADOPTED this 27th day of January, 2026. ____________________________
Linda Krupa, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.F.

CITY OF HEMET RESOLUTION NO. 2026-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 27 th day of January, 2026, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.F.

CLASSIFICATION SPECIFICATION

NETWORK SYSTEMS ADMINISTRATOR

JOB FAMILY:

EEO CATEGORY: Administrative Support Worker
FLSA: Non-Exempt

JOB CLASS CODE:

PAY PLAN: Full-Time - Regular
BARGAINING UNIT/GROUP: Hemet Mid-Managers
Association (HMMA)
PAY GRADE:

BASIC FUNCTION:

Under general supervision, the Network Systems Administrator is responsible for the installation, operation, maintenance, and support of the organization’s enterprise network infrastructure. The position supports mission -critical and public safety systems, ensures network reliability and security, responds to incidents and service disruptions, and collaborates with internal staff and service providers to maintain effective and resilient network operations.

CLASSIFICATION CHARACTERISTICS:

The Network Systems Administrator is a lead-level position responsible for overseeing network functions within the City. The position is distinguished from lower-level Information Technology classifications by the level of complexity of assigned tasks and the level of knowledge required. This position may exercise technical supervision over lower-level staff and may act as the Information Technology Manager in their absence.

ESSENTIAL FUNCTIONS, DUTIES AND TASKS:

The following list of functions, duties and tasks is typical for this classification. Incumbents may not perform all the listed duties and/or may be required to perform other closely related or department -specific functions, duties and tasks from those set forth below to address business needs and changing business practices.

Performs a variety of duties in the development, installation, implementation, testing, evaluation, and administration of network infrastructure; provides technical assistance regarding all aspects of system design, installation, and troubleshooting.

Researches and recommends the purchase of computer related equipment and peripherals.

Installs, configures, operates, monitors, maintains, and supports the organization’s enterprise network infrastructure, including wired and wireless networks, connectivity services, servers, and related systems, in accordance with established standards and best practices.

Monitors network performance, availability, and capacity; identifies and troubleshoots network and connectivity issues; and implements corrective actions to maintain reliable and efficient operations.

17.F.

Network Systems Administrator

Implements and maintains secure, reliable, and highly available network and server configurations, s upports mission-critical and public safety systems, including participation in after-hours, on-call, emergency response, disaster recovery, system backups, replication, and business continuity activities.

Plans, coordinates, and implements network changes, upgrades, and maintenance activities while following established change management, security, and configuration control procedures.

Maintains accurate network documentation, including diagrams, configurations, procedures, and operational records, and coordinates with internal departments, public safety personnel, vendors, and service providers to support operational needs and resolve issues.

Provides audio -visual technical support for public meetings; sets up and operates sound equipment and video recordings; rotates camera feeds; monitors and troubleshoots media system issues; edits audio and visual recordings for broadcast; creates a variety of presentations with imbedded audio and visual components.

Performs related duties as assigned.

KNOWLEDGE, SKILLS AND ABILITIES:

KNOWLEDGE OF:
• Project management principles and practices
• Basic systems administration concepts as they relate to networked environments, including directory services, name resolution, time synchronization, and authentication • Principles of virtualized and cloud-integrated network environments • Principles and practices of enterprise network design, including local and wide area networks, segmentation, and redundancy
• Routing and switching concepts, including VLANs, IP addressing, subnetting, and basic dynamic routing principles
• Network security fundamentals, including firewalls, intrusion prevention concepts, access control, and secure remote connectivity
• Wireless networking principles, including coverage planning, authentication methods, and interference mitigation
• Network monitoring, logging, and performance analysis concepts and tools • Troubleshooting methodologies for diagnosing and resolving network and connectivity issues across layered network architectures

17.F.

Network Systems Administrator

• Network requirements supporting emergency communications, dispatch, and other public safety systems

SKILL TO:
• Install, configure, maintain, and support enterprise network infrastructure in accordance with best practices
• Diagnose and resolve network and connectivity issues using systematic troubleshooting techniques
• Monitor network performance and availability, identify trends, and respond to alerts or incidents • Implement and maintain secure network configurations, including access controls and secure remote connectivity
• Support high-availability and mission-critical systems, including participation in after-hours, on- call, or emergency response activities
• Plan and execute network changes and upgrades with minimal service disruption • Document network configurations, diagrams, procedures, and changes clearly and accurately • Coordinate and communicate effectively with internal staff, public safety personnel, vendors, and service providers during routine operations and incidents • Follow established change management, incident response, and security practices • Analyze technical issues and recommend practical solutions based on operational needs and risk • Work independently or as part of a technical team to complete assigned projects and operational tasks
• Prioritize and manage multiple tasks in a dynamic, operational environment • Support backup, snapshot, and disaster recovery systems

ABILITY TO:
• Analyze network and connectivity issues, determine root causes, and implement effective corrective actions
• Interpret technical documentation, standards, and procedures and apply them to operational environments
• Plan and carry out assigned projects and tasks with minimal supervision • Communicate technical information clearly both orally and in writing to non -technical staff, public safety personnel, and management
• Work effectively in high- availability and mission -critical environments, including 24×7 operational settings
• Respond appropriately to network incidents and service outages, including participation in after- hours or on-call support
• Maintain accurate technical documentation and records of configurations, changes, and incidents
• Follow established policies, security practices, and change management procedures • Exercise sound judgment when prioritizing work, assessing risk, and making technical decisions • Work collaboratively with internal teams, vendors, and service providers

17.F.

Network Systems Administrator

• Adapt to evolving technologies and operational requirements through continuous learning • Maintain professionalism and effectiveness under pressure, particularly during emergency or time-sensitive situations
• Provide technical guidance and mentoring to less-experienced staff or peers • Participate in disaster recovery and business continuity exercises and support restoration of networked systems and services during outages or emergencies

EDUCATION:

Graduation from high school or possession of a GED or equivalent is required.

An Associate’s degree from an accredited college or university in Information Technology, Computer Science, Network Administration, or a closely related field is preferred.

Related, progressively responsible experience may be substituted for the preferred education on a year- for-year basis.

EXPERIENCE:

Four (4) years of progressively responsible professional experience in network and systems administration, including the installation, configuration, maintenance, and troubleshooting of enterprise network infrastructure such as servers, switches, routers, firewalls, wireless systems, and related network services. Experience supporting public safety, emergency services, or other 24×7 operational environments (e.g., police, fire, dispatch, emergency communications) is highly desirable.

LICENSES AND OTHER REQUIREMENTS:

Must possess a valid California driver’s license
• The City reasonably expects driving to be one of the job functions for the position, and the City reasonably believes that using an alternative form of transportation would not be comparable in travel time or cost to the City.

WORKING CONDITIONS:

ENVIRONMENT:

The employee primarily performs work indoors within an office environment that is generally clean and free from significant exposure to dust, fumes, or odors. Noise levels are typically moderate, with occasional interruptions from telephone calls, meetings, and interactions with staff and the public.

Some offsite travel may be required to attend meetings, visit facilities, or manage technology-related projects.

17.F.

Network Systems Administrator

PHYSICAL DEMANDS:

This position requires prolonged periods of sitting and frequent use of computer equipment. The employee must be able to perform tasks involving walking on level surfaces, occasional standing, reaching, bending, twisting, kneeling, and crouching. Fine motor skills and repetitive hand movements are essential for keyboarding, operating technical devices, and managing equipment. The role requires both near and far vision for computer work, equipment inspection, and reviewing documents. The employee must be able to lift, carry, push, or pull items weighing up to 50 pounds occasionally, such as computer hardware or office supplies.

ADA NOTIFICATION:

The duties, skills, and demands described here are representative of those that must be met to successfully perform the essential functions of the job. When appropriate, reasonable accommodation may be made to enable individuals with disabilities to perform the essential duties, skills, and demands.

JOB CLASS HISTORY
Revised: 01/27/2026

17.F.

Salary Schedule by Position
Effective January 27, 2026
Approved by Council
January 27, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Accountant SEIU 462 $6,391 $6,711 $7,046 $7,398 $7,768 $7,963 $8,162 Accounting Manager MC 943 $10,303 $10,818 $11,359 $11,927 $12,524 $13,150 $13,807 Accounting Technician I SEIU 445 $4,200 $4,410 $4,631 $4,862 $5,105 $5,233 $5,364 Accounting Technician II SEIU 451 $4,871 $5,114 $5,370 $5,639 $5,921 $6,069 $6,220 Accounting Technician III SEIU 454 $5,245 $5,508 $5,783 $6,072 $6,376 $6,535 $6,699 Administrative Assistant HMMA 522 $4,909 $5,155 $5,412 $5,683 $5,967 $6,265 Administrative Services Director AW ASD $15,201 $15,961 $16,759 $17,597 $18,477 $19,401 $20,371 Assistant Civil Engineer SEIU 472 $8,181 $8,590 $9,020 $9,471 $9,944 $10,193 $10,448 Assistant Planner SEIU 461 $6,235 $6,547 $6,874 $7,218 $7,579 $7,768 $7,963 Assistant to the City Manager MC 936 $8,668 $9,101 $9,556 $10,034 $10,536 $11,062 $11,616 Associate Civil Engineer HMMA 547 $9,101 $9,556 $10,034 $10,536 $11,062 $11,616 Associate Planner HMMA 538 $7,288 $7,652 $8,034 $8,436 $8,858 $9,301 Battalion Chief AW BC $13,265 $13,928 $14,624 $15,356 $16,123 Building Inspector I SEIU 456 $5,511 $5,787 $6,076 $6,380 $6,699 $6,866 $7,038 Building Inspector II SEIU 460 $6,083 $6,387 $6,707 $7,042 $7,394 $7,579 $7,768 Building Technician I SEIU 453 $5,118 $5,373 $5,642 $5,924 $6,220 $6,376 $6,535 Building Technician II SEIU 457 $5,649 $5,931 $6,228 $6,539 $6,866 $7,038 $7,214 Chief Building Official AW CBO $10,888 $11,433 $12,004 $12,604 $13,235 $13,896 $14,591 Chief of Police AW PC Annual salary $293,568
City Clerk AW CC $10,542 $11,069 $11,622 $12,203 $12,813 $13,454 $14,127 City Manager AW CM Annual salary $315,588
City Treasurer - Elected E ELE $645.67
2026-01-21 KB City of Hemet Salary Schedule Last Approved: 2026-01-13

17.F.

Salary Schedule by Position
Effective January 27, 2026
Approved by Council
January 27, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Civilian Investigator n/a CINV $26.00 $27.30 $28.67 $30.10 $31.60 $33.18 $34.84 (Hourly rates) Code Compliance Manager HMMA 548 $9,329 $9,795 $10,285 $10,799 $11,339 $11,906 Code Enforcement Officer I SEIU 453 $5,118 $5,373 $5,642 $5,924 $6,220 $6,376 $6,535 Code Enforcement Officer II SEIU 458 $5,790 $6,080 $6,383 $6,703 $7,038 $7,214 $7,394 Communications and Events Coordinator MC 932 $7,853 $8,245 $8,657 $9,090 $9,545 $10,022 $10,523 Community Development Director AW CDD $14,668 $15,402 $16,172 $16,980 $17,830 $18,721 $19,657 Community Risk Reduction Cadet n/a CRR $20.00/per hour
Community Services Officer HNSPEA 334 $4,637 $4,869 $5,112 $5,368 $5,636 $5,918 Community Solutions Coordinator MC 932 $7,853 $8,245 $8,657 $9,090 $9,545 $10,022 $10,523 Council Member - Elected E ELE $1,900
Crime Analyst HMMA 536 $6,936 $7,283 $7,647 $8,030 $8,431 $8,853 Crime Scene Technician HNSPEA 341 $6,333 $6,650 $6,983 $7,332 $7,698 $8,083 Cross Connection Spec/CSR SEIU 461 $6,235 $6,547 $6,874 $7,218 $7,579 $7,768 $7,963 Customer Service and Accounting Supervisor HMMA 532 $6,284 $6,598 $6,928 $7,275 $7,638 $8,020 Customer Service Representative SEIU 450 $4,752 $4,990 $5,239 $5,501 $5,776 $5,921 $6,069 Deputy City Clerk MC 915 $5,161 $5,419 $5,690 $5,974 $6,273 $6,586 $6,916 Deputy Director of Community Development AW DCD $11,481 $12,055 $12,658 $13,291 $13,955 $14,653 $15,386 Deputy Fire Chief AW DFC $15,894 $16,688 $17,523 $18,399 $19,319 Deputy Public Works Director / Assistant City Engineer AW DPW $11,481 $12,055 $12,658 $13,291 $13,955 $14,653 $15,386 Economic Development Analyst MC 925 $6,606 $6,936 $7,283 $7,647 $8,030 $8,431 $8,853 Economic Development Director AW EDD $14,668 $15,402 $16,172 $16,980 $17,830 $18,721 $19,657 Economic Development Manager MC 942 $10,052 $10,554 $11,082 $11,636 $12,218 $12,829 $13,470 2026-01-21 KB City of Hemet Salary Schedule Last Approved: 2026-01-13

17.F.

Salary Schedule by Position
Effective January 27, 2026
Approved by Council
January 27, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Emergency Medical Services (EMS) Coordinator n/a EMS $85.00/per hour Emergency Services Coordinator HMMA 527 $5,554 $5,832 $6,123 $6,430 $6,751 $7,089 Engineering Technician I SEIU 454 $5,245 $5,508 $5,783 $6,072 $6,376 $6,535 $6,699 Engineering Technician II SEIU 459 $5,935 $6,231 $6,543 $6,870 $7,214 $7,394 $7,579 Environmental Services Manager HMMA 546 $8,879 $9,323 $9,789 $10,279 $10,793 $11,332 Equipment Maintenance Supervisor HMMA 537 $7,110 $7,465 $7,839 $8,230 $8,642 $9,074 Equipment Mechanic SEIU 454 $5,245 $5,508 $5,783 $6,072 $6,376 $6,535 $6,699 Executive Analyst HMMA 537 $7,110 $7,465 $7,839 $8,230 $8,642 $9,074 Executive Analyst - City Manager's Office MC 928 $7,114 $7,470 $7,843 $8,235 $8,647 $9,079 $9,533 Executive Assistant HMMA 529 $5,835 $6,127 $6,433 $6,755 $7,093 $7,448 Executive Assistant - City Manager's Office MC 920 $5,839 $6,131 $6,437 $6,759 $7,097 $7,452 $7,825 Facilities Maintenance Supervisor HMMA 537 $7,110 $7,465 $7,839 $8,230 $8,642 $9,074 Facilities Technician SEIU 458 $5,790 $6,080 $6,383 $6,703 $7,038 $7,214 $7,394 Facility Services Aide SEIU 445 $4,200 $4,410 $4,631 $4,862 $5,105 $5,233 $5,364 Fire Captain HFFA 203 $9,004 $9,454 $9,927 $10,423 $10,944 $11,492 $12,066 Fire Chief AW FC $17,510 $18,386 $19,305 $20,270 $21,284 $22,348 $23,466 Fire Engineer HFFA 202 $7,735 $8,122 $8,528 $8,954 $9,402 $9,872 $10,366 Fire Prevention Officer HFFA 200 $5,806 $6,096 $6,401 $6,721 $7,057 $7,410 $7,781 Firefighter HFFA 201 $6,703 $7,038 $7,390 $7,760 $8,148 $8,555 Firefighter/Paramedic Trainee HFFA 201T $5,027
GIS Specialist SEIU 464 $6,715 $7,050 $7,403 $7,773 $8,162 $8,366 $8,575 Housing Program Specialist SEIU 454 $5,245 $5,508 $5,783 $6,072 $6,376 $6,535 $6,699 2026-01-21 KB City of Hemet Salary Schedule Last Approved: 2026-01-13

17.F.

Salary Schedule by Position
Effective January 27, 2026
Approved by Council
January 27, 2026
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Human Resources Analyst MC 932 $7,853 $8,245 $8,657 $9,090 $9,545 $10,022 $10,523 Human Resources Manager MC 943 $10,303 $10,818 $11,359 $11,927 $12,524 $13,150 $13,807 Human Resources Technician MC 916 $5,290 $5,554 $5,832 $6,123 $6,430 $6,751 $7,089 Information Technology Manager HMMA 554 $10,818 $11,359 $11,927 $12,524 $13,150 $13,807 Information Technology Specialist I HMMA 534 $6,602 $6,932 $7,279 $7,643 $8,025 $8,426 Information Technology Specialist II HMMA 536 $6,936 $7,283 $7,647 $8,030 $8,431 $8,853 Intern I n/a PTA $16.90 $17.75 $18.63 $19.56 $20.54 $21.57 (Hourly Rates) Intern II n/a PTG $17.30 $18.17 $19.07 $20.03 $21.03 $22.08 (Hourly Rates) Lead Equipment Mechanic SEIU 458 $5,790 $6,080 $6,383 $6,703 $7,038 $7,214 $7,394 Lead Maintenance Worker SEIU 454 $5,245 $5,508 $5,783 $6,072 $6,376 $6,535 $6,699 Lead Tree Trimmer SEIU 457 $5,649 $5,931 $6,228 $6,539 $6,866 $7,038 $7,214 Lead Water Distribution Sys. Oper SEIU 458 $5,790 $6,080 $6,383 $6,703 $7,038 $7,214 $7,394 Librarian HMMA 527 $5,554 $5,832 $6,123 $6,430 $6,751 $7,089 Library Aide, Temporary On-Call n/a PTA $16.90 $17.75 $18.63 $19.56 $20.54 (Hourly rates) Library Assistant I SEIU 438 $3,533 $3,710 $3,896 $4,090 $4,295 $4,402 $4,512 Library Assistant II SEIU 444 $4,098 $4,303 $4,518 $4,744 $4,981 $5,105 $5,233 Library Associate I SEIU 448 $4,523 $4,749 $4,987 $5,236 $5,498 $5,635 $5,776 Library Associate II SEIU 451 $4,871 $5,114 $5,370 $5,639 $5,921 $6,069 $6,220 Library Manager HMMA 545 $8,663 $9,096 $9,550 $10,028 $10,529 $11,056 Library Page SEIU 428 $3,015 $3,166 $3,324 $3,490 $3,665 $3,756 $3,850 Literacy Coordinator PT SEIU 448 $26.10 $27.40 $28.77 $30.21 $31.72 (Hourly rates) $32.51 $33.32 Maintenance Aide I - TPT n/a CCY $16.90 $17.75 $18.63 $19.56 $20.54 (Hourly rates) 2026-01-21 KB City of Hemet Salary Schedule Last Approved: 2026-01-13