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Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons
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by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Angela Mackey, Director of Customer Service, Fire/Rescue, Curtis The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
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below addendum and
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Addendum_1_Firefighting_Equipment_RFP_020124
Fri January 19 2024 12:49 PM
1 Bid Number: RFP 020124 Vendor Name: L.N. Curtis & sons DocuSign Envelope ID: 0579A0D8-F91E-407B-95BC-59A7D9372F7E
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Solicitation Number: RFP #010424
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and L.N. Curtis & Sons, 185 Lennon Lane, Suite 110, Walnut Creek, CA 94598 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Firefighting Personal Protective Equipment with Related Equipment Cleaning from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires March 27, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
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A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
• Identify the applicable Sourcewell contract number;
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• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
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A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
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D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
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Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
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R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell L.N. Curtis & Sons
By: __________________________ By: __________________________ Jeremy Schwartz Angela Mackey
Title: Chief Procurement Officer Title: Director of Customer Service Fire/Rescue
Date: ________________________ Date: ________________________ DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA 4/22/2024 | 1:21 PM CDT 4/22/2024 | 12:51 PM CDT
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RFP 010424 - Firefighting PPE and Related Equipment Cleaning Vendor Details
Company Name: L.N. Curtis & sons
Does your company conduct
business under any other name? If
yes, please state:
Curtis
Address:
185 Lennon Lane
Suite 110
Walnut Creek, CA 94598
Contact: Nick Lawrence
Email: [email protected]
Phone: 510-499-4112
HST#:
Submission Details
Created On: Wednesday January 03, 2024 09:05:40
Submitted On: Thursday January 04, 2024 16:27:31
Submitted By: Angela Mackey
Email: [email protected]
Transaction #: 14b197b7-3225-4ab6-96d0-1d95a169b5fd
Submitter's IP Address: 73.11.118.189
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
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Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).
Line
Item Question Response *
1 Proposer Legal Name (one legal entity only): (In
the event of award, will execute the resulting
contract as "Supplier")
L.N. Curtis & sons (Curtis)
*
2 Identify all subsidiary entities of the Proposer whose equipment, products, or services are included in the
Proposal.
N/A
*
3 Identify all applicable assumed names or DBA
names of the Proposer or Proposer's subsidiaries
in Line 1 or Line 2 above.
Curtis / L.N. Curtis / LNCurtis
*
4 Provide your CAGE code or Unique Entity Identifier
(SAM):
5E720 *
5 Proposer Physical Address: 185 Lennon Lane, Suite 110 Walnut Creek, CA 94598
*
6 Proposer website address (or addresses): https://lncurtis.com/ * 7 Proposer's Authorized Representative (name, title,
address, email address & phone) (The
representative must have authority to sign
the “Proposer’s Assurance of Compliance” on behalf
of the Proposer and, in the event of award, will be
expected to execute the resulting contract):
Angela Mackey, Director of Customer Service Fire/Rescue 185 Lennon Lane, Suite 110 Walnut Creek, CA 94598
[email protected] | 206-305-4057 *
8 Proposer's primary contact for this proposal (name,
title, address, email address & phone):
Angela Mackey, Director of Customer Service Fire/Rescue 185 Lennon Lane, Suite 110 Walnut Creek, CA 94598
[email protected] | 206-305-4057
*
9 Proposer's other contacts for this proposal, if any
(name, title, address, email address & phone):
Jeff Curtis, Vice President
185 Lennon Lane, Suite 110 Walnut Creek, CA 94598
[email protected] | 510-268-3325
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
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Table 2: Company Information and Financial Strength
Line
Item Question Response *
10 Provide a brief history of your company, including
your company’s core values, business philosophy,
and industry longevity related to the requested
equipment, products or services.
Our values have remained as our foundation through 95 years of successfully supporting emergency responders: Quality, Service, Integrity and Caring.
Curtis is a company whose principal product is service; whose principal resource is people; and, whose principal purpose is to be a distinguished leader in the field of supplying firefighting, search & rescue, safety, HAZMAT and emergency products/services. The company and its employees are proud to be associated with America’s emergency responders; our country’s bravest and best.
Since 1929, Curtis has been delivering exceptional customer service and a comprehensive line of firefighting and emergency products and services to local, state, and federal agencies throughout the United States and to various U.S. Government agencies located worldwide. *
11 What are your company’s expectations in the event
of an award?
In the event of an award, Curtis will maintain the highest level of customer service for Sourcewell’s members by delivering exceptional customer service and a comprehensive line of firefighting and emergency products and services to local, state, and federal agencies throughout the United States and to various U.S. Government agencies locate worldwide.
Curtis will maintain the existing high level of customer service as a premier provider for equipment to first responders. This will be done by fulfilling customer requirements, accurately, timely and with significant value. Curtis expects to make the ensuing contract very valuable to Sourcewell and to the membership.
Curtis expects to make a fair profit and will maintain the existing high level of customer service we’ve been providing to Sourcewell member agencies under current contract 032620 since 2020. *
12 Demonstrate your financial strength and stability with meaningful data. This could include such items as
financial statements, SEC filings, credit and bond
ratings, letters of credit, and detailed reference
letters. Upload supporting documents (as applicable)
in the document upload section of your response.
Please refer to the attached document "Curtis Financial Statements 12312023" *
13 What is your US market share for the solutions that
you are proposing?
For our primary market which is the Western 13 states, we have anywhere from a 30% market share to a 60% market share, depending on the segment or product category. *
14 What is your Canadian market share for the
solutions that you are proposing?
Curtis does not sell into the Canadian market at this time. * 15 Has your business ever petitioned for bankruptcy
protection? If so, explain in detail.
Curtis has never petitioned or entered into bankruptcy protection. * 16 How is your organization best described: is it a
manufacturer, a distributor/dealer/reseller, or a
service provider? Answer whichever question
(either a) or b) just below) best applies to your
organization.
a) If your company is best described as a
distributor/dealer/reseller (or similar entity), provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your
dealer network independent or company owned?
b) If your company is best described as a
manufacturer or service provider, describe your
relationship with your sales and service force and
with your dealer network in delivering the products
and services proposed in this RFP. Are these
individuals your employees, or the employees of a
third party?
a) Curtis is a distributor/dealer/reseller for all brands and models that are included in this proposal.
Curtis has a Service Provider business unit that specializes in PPE Care & Maintenance. A fivefacility operation, provides inspection, cleaning, and repair services of personal protective equipment to all National Fire Protection Association (NFPA) standards.
Please note that written authorization from our manufacturers is available on request. *
17 If applicable, provide a detailed explanation outlining the licenses and certifications that are both required
to be held, and actually held, by your organization
(including third parties and subcontractors that you
use) in pursuit of the business contemplated by this
RFP.
Curtis holds a license to conduct business in the thirteen Western States, with 12 facilities spread throughout Washington, Oregon, Colorado, Utah, Arizona, Idaho, Nevada, and California. *
18 Describe your compliance with applicable national
standards for the products and/or equipment offered
in your proposal, such as: National Fire Protection
Association (NFPA), Occupational Safety and Health
Administration (OSHA), and American National
Standards Institute (ANSI).
All products included in this Curtis proposal comply to the related and associated national standards and industry segment requirements, including NFPA, USFS/NFES, ANSI, ASTM, and 29 Code of Federal Regulations (CFR) 1910 (OSHA).
19 Provide all “Suspension or Debarment” information
that has applied to your organization during the past
ten years.
Curtis has never been suspended or excluded (debarred) from participating in any program, contract, or other business opportunity by any customer or group of customers. * Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
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Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
20 Describe any relevant industry awards or
recognition that your company has received in the
past five years
Curtis has received multiple dealer recognition awards from industry manufacturers for high achievement, including from Globe, MSA, Workrite, Hurst, and more. * 21 What percentage of your sales are to the
governmental sector in the past three years
Government/Municipal = 99+% *
22 What percentage of your sales are to the
education sector in the past three years
Education entities comprised less than 1% of total corporate sales. * 23 List any state, provincial, or cooperative purchasing contracts that you hold. What is the annual sales
volume for each of these contracts over the past
three years?
Curtis has several cooperative purchasing contracts in place at the state, regional, and national levels. Of note:
NPPGov: Sales on these multiple nation-wide contracts have gross sales, on average, of two-million dollars per reporting quarter.
Houston-Galveston Area Council: Sales on these multiple nation-wide contracts have gross sales, of on average, approximately ten-thousand dollars per reporting quarter.
GSA: Sales on this national/world-wide cooperative, of on average, approximately four-million dollars per year.
*
24 List any GSA contracts or Standing Offers and
Supply Arrangements (SOSA) that you hold. What
is the annual sales volume for each of these
contracts over the past three years?
Curtis is conducting activities in support of our second twenty-year GSA contract (GSA Contract 47QSWA18D009Y). Sales have averaged in excess of four-million dollars, per year. * Table 4: References/Testimonials
Line Item 25. Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name * Contact Name * Phone Number *
Santa Clara Fire Department
California
Nicole Gresham
Management Analyst
408-615-4944 *
Matsu Borough Fire Department
Alaska
Jake Boothby 907-745-4801 *
Fountain Hills Fire Department
Arizona
Fire Chief Dave Ott 480-837-9820 *
Santa Fe Springs Fire Department
California
Asst. Fire Chief Michael Kozicki 562-944-9713 ex. 3811
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
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Table 5: Top Five Government or Education Customers
Line Item 26. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type * State / Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years *
Defense
Logistics
Agency (DLA)
Government Pennsylvania - PA Provide a wide array of firefighting equipment, tools, and PPE,
aircraft/crash rescue, hazardous
material response, emergency
medical services, homeland security,
and domestic preparedness serving a
worldwide DoD customer base
Range from a few hundred
dollars to a millions of dollars
Averaging approximately
twenty-million dollars per
years, 2020 - 2023
*
General
Services
Administration
(GSA)
Government Texas - TX Provide a wide array of products to include firefighting and rescue
equipment, PPE, law enforcement
and security equipment, special
purpose clothing, and related
equipment and services for a worldwide federal agency customer base.
Range from a few hundred
dollars to a few thousand
dollars
Averaging approximately
four-million dollars per year
*
The County of
Los Angeles Fire
Department
Government California - CA Provide a wide array of products to include Firefighting gear, Wildland
gear, station PPE.
Averages around $50,000+ Average yearly sales volume
totals approximately $2M+ *
Clark County
Fire Department
Government Nevada - NV Provide a wide array of products to include Firefighting gear, Wildland
gear, station PPE, firefighting tools,
heavy rescue, and water flow
equipment.
Averages around $95,000+ Average yearly sales volume
totals approximately $3M+
*
The City of
Los Angeles
Fire
Department
Government California - CA Products include firefighting tools, heavy rescue equipment, and
water flow equipment.
Averages around $50,000+ Average yearly sales volume
totals approximately $2.5M+ *
Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item Question Response *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
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27 Sales force. The Curtis Operation Center is the primary resource available to our customers for receiving technical and product support and customer service. Curtis’ Fire & Emergency Services Operation Centers are located in the following locations:
Curtis Walnut Creek Operations Center - Corporate HQ
Special Program Office (Programs and Contracts Management) 185 Lennon Lane, Suite 110
Walnut Creek, California 94598
Curtis Intermountain Operations Center - Fulfillment Center 1635 Gramercy Road
Salt Lake City, Utah 84101
Curtis Northwest Operations Center
6507 S. 208th Street
Kent, Washington 98032
Curtis Pacific North Operations Center
6723 Sierra Court, Suite C
Dublin, CA 94568
Curtis Pacific South Operations Center
15523 Carmenita Road
Santa Fe Springs, CA 90670
Curtis Southwest Operations Center
4647 South 33rd Street
Phoenix, AZ 85040
Curtis PPE Care & Maintenance (Main Facility)
517 West Sunset Road
Henderson, NV 89011
Curtis Customer Service will support the Sourcewell Program in several critical areas of sales support who provide face-to-face, in person customer contact for sales and marketing activities; product (technical and sales) information; on-site service activities; and monitoring of customer satisfaction. The sales force is directly supported by 40+ customer service reps and specialists on a daily basis.
See attached document "Curtis-Sales-Territories-Map"
*
28 Dealer network or other distribution methods. Other than local, regional, national and international shipping companies, Curtis will deploy no additional distribution channel networks.
*
29 Service force. In addition to providing significant pre-sales support and services, Curtis deploys teams to provide significant post-sales support to our customer community:
• Warehousing & Inventory—logistics management and inventory control specialists who ensure the right parts go to the right customer.
• Marketing Specialists—provides educational information and training on a wide array of PPE industry topics; conducts training classes on products and product maintenance and repair procedures; and, offers seminars on specific products and product families and industry-specific standards, specifications and requirements. Areas of expertise include F&ES training, breathing air compressors, personal protective equipment, self-contained breathing apparatus, respirators, rescue tools and equipment, thermal imaging, hydraulics and water flow, and gas detection.
• Factory-certified Product Technicians—provides in-house and mobile repair and maintenance services; warranty repairs, and annual, or as requested preventative maintenance. • Personal Protective Equipment and Ensemble Care & Maintenance—A five-facility operation, provides inspection, cleaning, and repair services of personal protective equipment to all National Fire Protection Association (NFPA) standards.
• Manufacturer Field and Product Technician Teams-Curtis has access to supplier specialists and technical teams for customer support and education.
• CurtisCARE—Curtis provides our customers with training and on-boarding support, inspection, repair and maintenance services for PPE, Rescue Tools, SCBA, Compressors, Small Engine Repair, and other related products.
*
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
17.K.
30 Describe the ordering process. If orders will be
handled by distributors, dealers or others, explain
the respective roles of the Proposer and others.
Curtis Procedures for Processing Orders
Curtis has developed straight forward procedures for order processing. Our order handling procedures are consistently applied to process routine, urgent, and emergency orders, product returns, and discrepant orders. Order processing is fully integrated into our automated distribution software platform (Oracle-NetSuite). This electronic system provides our sales, marketing, purchasing, accounting, and management with real time order status, while tracking inventory and shipping status.
ORDERS
Delivery order is considered issued upon receipt of order by mail, telephone, or facsimile, email, or on-line.
ORDER PROCESSING
After an order is received, Curtis uses a simple and consistent series of procedures for processing customer orders. The sourcing determination, made by the Customer Service Manager during the customer purchase order review process, is the primary factor made to determine the specific path to be taken by our staff while processing each individual order (e.g., ship from a Curtis warehouse; ship direct from the manufacturer; consolidate at a Curtis warehouse [bills-of-material orders]).
ORDER SCHEDULING & DELIVERY
Order scheduling at Curtis is based upon one of two customer requirements. Curtis’ typical commercial customer requests product delivery per product availability as specified by the supplier.
Or the customer specifies a required delivery date. Curtis accommodates both scheduling requirements efficiently and effectively using our distribution software and consistent status reviews of all active orders.
ORDER CONFIRMATION
Customer orders are confirmed by Curtis after the Customer Service Manager has reviewed the customer purchase order (customer information, product and quantity requirements, pricing and availability, and the existence of any special requirements from the customer) and entered the order into our enterprise resource planning platform (Oracle-NetSuite).
NOT-IN-STOCK CONDITIONS
Curtis processes not-in-stock product orders by determining lead times necessary to complete the order, contacting the ordering activity, and advising current lead time of product. At customer preference, Curtis offers alternative in-stock substitute products of equal or higher quality and at equal value for customer consideration.
PARTIAL DELIVERY / BACK ORDER PROCEDURES
Curtis strives to ship the entire order complete and on time. However, if Curtis is in a low stock position on a particular product and the customer will accept a substitute item and accept a partial delivery, the order will be processed during Curtis’ pre-order set-up to ensure that all items possible will be shipped either direct from our supplier or from one of the Curtis warehouses to provide the level of service our customer requests.
Back-orders are tracked via the Company’s ERP system and reports generated showing “non-fills” until the order is shipped complete.
Partial deliveries and back-orders status are provided to the customer on a regular basis until the order is filled.
ORDER BILLING
Curtis will submit invoices only after receiving assurances that our customer’s requirements have been met. Once the order has been shipped complete and all required activities specified within the order
have been accomplished, Curtis will submit invoices as required by the order.
PAYMENT FOR GOODS RECEIVED
Curtis extends payment terms of net thirty (30) days from date of invoice. *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
17.K.
31 Describe in detail the process and procedure of
your customer service program, if applicable.
Include your response-time capabilities and
commitments, as well as any incentives that help
your providers meet your stated service goals or
promises.
Although customer and technical support is available between the hours of 7:00am and 5:00pm, local time, Monday through Friday at each of our Customer Service Operation Centers, Curtis understands that “normal office hours” has lost all real meaning in the global marketplace.
Serving a world-wide customer community spanning all time zones, Curtis’ customers contact a company representative in any of several ways, twenty-four hours a day, seven days a week, and three-hundred, sixty-five days a year (24/7/365) to discuss order placement, order tracking, problem resolution, and the myriad of other topics that will arise throughout the term of a business relationship.
Curtis’ customers contact company customer sales, service, and technical representatives via telephone, cell phone, email, or facsimile using the contact information listed on our web-site and also included in this section.
It is a standard operating procedure that all outside sales representatives and management provide office, cell phone numbers, and email addresses to the company’s customers. This enables Curtis’ customers to contact the company’s sales force directly for sales and service requests 24/7/365.
Additionally, using toll-free numbers during “outside-of-normal” business hours or on national holidays, CURTIS representatives are contacted directly or via message service 24/7/365 in order to immediately respond to emergency or non-emergency situations. CURTIS’ representatives will respond to all customer inquiries within 4 hours between the hours of 7am-5pm (local) Monday through Friday or within 24 hours during non-duty hours or national holidays. *
32 Describe your ability and willingness to provide
your products and services to Sourcewell
participating entities in the United States.
Curtis has successfully provided products and services to Sourcewell member agencies under current contract 032620 since 2020. With the sales force detailed in #27 and the service force detailed in #29, Curtis is willing and able to support all Sourcewell users, while maintaining the contract requirements.
*
33 Describe your ability and willingness to provide
your products and services to Sourcewell
participating entities in Canada.
Curtis does not sell into the Canadian market at this time. *
34 Identify any geographic areas of the United States
or Canada that you will NOT be fully serving
through the proposed contract.
All products included in this Curtis proposal are available to the membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, Hawaii, and other states as may be acceptable to our manufacturing partners, without limitations.
Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nationwide. *
35 Identify any Sourcewell participating entity sectors (i.e., government, education, not-for-profit) that you
will NOT be fully serving through the proposed
contract. Explain in detail. For example, does your
company have only a regional presence, or do
other cooperative purchasing contracts limit your
ability to promote another contract?
As previously discussed in #34, all products included in Curtis’ proposal are available to the membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, Hawaii, and other states as may be acceptable to our manufacturing partners, without limitations. Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nation-wide. *
36 Define any specific contract requirements or
restrictions that would apply to our participating
entities in Hawaii and Alaska and in US Territories.
Shipments to customers located in the continental 48 states, as well as Alaska and Hawaii: FOB:
Origin, freight added, or as otherwise required by the customer.
List Price less the Brand Discount plus an (estimated) Freight Charge.
The customer invoice will include actual freight charges as a separate line item. Note: For those customers who require a delivered price when the quote is prepared, Curtis will follow the same procedure by utilizing available freight calculators to determine quoted freight costs.
Curtis will, with manufacturer approval on a case-by-case basis, provide products to members, nationwide. *
Table 7: Marketing Plan
Line
Item Question Response *
37 Describe your marketing strategy for promoting
this contract opportunity. Upload representative
samples of your marketing materials (if
applicable) in the document upload section of
your response.
Curtis’ sales teams will target the areas with the greatest population densities because population densities typically correlate directly with the number of serving firefighters. However, our outside sales and customer service representative teams will also target ALL potential agency participants within the western 13 states as agency near-term procurement plans are identified.
Specifically, immediately after the contract award, our marketing department will announce the award on our website and other on-line public forums in which we participate with our customers.
Additionally, Curtis’ marketing department will prepare marketing collateral for distribution by our sales teams and through e-blast notifications to targeted customers (customers with near-term, open requirements). This collateral will explain the cooperative purchasing opportunity that is available to our customers through the new contract, and how, using this new contract the public agency may purchase a wide variety of products and services while saving time, manpower, and money.
We also offer a commitment to support Sourcewell in marketing campaigns and industry conferences to advertise the cooperative purchasing opportunities made available to the membership and to potential new members via the new contract.
Please refer to attached example of a previous Curtis Marketing Plan that was customized to address a specific served-market segment, "Item 32 - Curtis Rescue Tool Marketing Plan." *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
17.K.
38 Describe your use of technology and digital data
(e.g., social media, metadata usage) to enhance
marketing effectiveness.
Curtis recognizes the importance of utilizing technology and digital data to drive marketing effectiveness. Multiple, robust cross-digital marketing programs are already in place and being developed on a regular basis to support Curtis’s sales initiatives, brand awareness, and product promotion.
Metadata is reviewed to determine potential changes and alternate means to increase the reach and effectiveness of the marketing message in alignment with the program goals.
A showcase of Curtis cross-digital program abilities include:
• LNCurtis.com Homepage – Main Product Merchandising Space • LNCurtis.com Homepage – Call to Action Banner for Lead Generation • LNCurtis.com – Call to Action Pop-up Modal for Lead Generation • Social Media Posts and Ads
• Email Marketing
• Industry Website Ads
• Search Engine Ads
• Search Engine Optimization includes, among other parameters o Keyword Campaigns
o Metadata
o Rich Content
o Backlinking
Curtis has a substantial marketing and merchandising team that focuses on maintaining and improving the Curtis online footprint.
*
39 In your view, what is Sourcewell’s role in
promoting contracts arising out of this RFP? How
will you integrate a Sourcewell-awarded contract
into your sales process?
As previously discussed, marketing collateral will be provided to the Curtis Sales Teams during a contract kick-off (K/O) meeting. New contract Kick-Off meetings [virtual or physical presence] are standard operating procedures.
Sourcewell Personnel are encouraged to attend these K/O meetings whenever possible to establish relationships with Curtis’s personnel and to make sure all necessary information is exchanged.
Subjects covered during Curtis’ K/O meetings include program / contract introduction and overview; brands, prices and discounts offered; rules of engagement (contract terms and conditions) ; procedures for quotes, order entry and post-sales support; and any other program-specific information that will help the sales force gain understanding of and motivation to exploit the opportunities afforded by the new contract.
In our view, Sourcewell can play as large or as small a part as the COOP may desire. Curtis is well versed in conducting successful sales and marketing campaigns and fully expects to “hit the ground" prepared, running, and successful.
*
40 Are your products or services available through
an e-procurement ordering process? If so,
describe your e-procurement system and how
governmental and educational customers have
used it.
Curtis websites offers customers a secure, fast and easy to use online experience featuring a robust product catalog, advantaged search features and product details and specifications to make informed shopping decisions.
Curtis also offers Agency online accounts for departments, businesses and special agreements which offer enhanced features of these custom web portals include:
• Tax Exempt ordering with appropriate qualifications and approvals • Net 30 Terms with credit approval from LN Curtis & sons • Customer Specific Pricing
• Customer Specific product catalog (exclusive to individual or group of customers) • Online Quoting
• Quartermaster Ordering – Ability to have order approval processes • User based access – Ability to control who can order, see invoices or create shopping lists • Quick Re-Order at the order and product level
• Custom designed shopping lists to make shopping easier by department or team For more details: https://lncurtis.com/agency-accounts/ Curtis+ Program allows customers to maintain a single source allotment or allowance program with Curtis. Manage, track and control allowance-based purchases. For more details:
https://lncurtis.com/curtis-plus/
*
Table 8: Value-Added Attributes
Line
Item Question Response *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
17.K.
41 Describe any product, equipment, maintenance, or
operator training programs that you offer to
Sourcewell participating entities. Include details,
such as whether training is standard or optional,
who provides training, and any costs that apply.
It’s not JUST about products!
Curtis will provide product familiarization whenever appropriate and can coordinate training from factory certified personnel where appropriate. Curtis has a robust technical service team to support Breathing Air Compressors, SCBA, & Hurst extrication tools. Curtis also operates 6 PPE Care facilities to help customers clean, repair and maintain their turnout gear.
Curtis' CurtisCARE Program offers members significant opportunities to receive presales and postdelivery education and other related product support. Curtis' post-delivery services are usually provided as a part of a purchase order coupled with a statement of work (SOW) that Curtis receives from the customer. Curtis often works with the customer to define and develop an appropriate SOW. Often, Curtis provides customer education in equipment use; inspection, repair, maintenance; and safety during deployment at no cost to the member.
A sampling of available value-added education, available through our CurtisCARE program, includes:
• Complete Personal Protective Equipment (PPE) product education, maintenance, repair, and cleaning services
• Complete Self-Contained Breathing Apparatus (SCBA) product education, fit-testing, and maintenance services.
• Complete gas detection product education, and maintenance services • Complete rescue tool product education, and maintenance services • Complete breathing air compressor product education, and maintenance services • Complete Firefighting towers and buildings, and Firefighting training-prop product education, and maintenance service
CurtisCARE is provided by Curtis’ product and service specialists, including service technicians, PPE education specialists, rescue tool education specialists, and several product demonstration vehicles that routinely visit customer sites.
An integral part of Curtis’ product education involves our outside sales representatives. These professionals provide product education, seminars, and hands-on demonstrations. Additionally, Curtis’ suppliers are a valuable and valued asset for product and service education programs. *
42 Describe any technological advances, unique
design, and/or feature attributes that your proposed
products or services offer.
Curtis provides the ability through our state of the art website for agencies to create accounts and receive their co-op pricing online. Allowing the customer to buy on the Sourcewell contract through the medium that works best for them.
*
43 Describe any “green” initiatives that relate to your company or to your products or services, and
include a list of the certifying agency for each.
Curtis understands the importance of continually improving its sustainability and - proactively over the last 10 years - worked to transition what were paper heavy process into paper-less process.
Our fulfillment center works to consolidate shipments whenever possible to reduce our burden on the transportation and oil dependence while each of our locations participates in their local recycling programs. Whenever possible and reasonable, we have updated facilities to more energy efficient lighting, water heaters and HVAC equipment. Most recently, Curtis has begun experimenting with Electric Vehicles to see how we can move forward with properly servicing our customers, but also improving our sustainability.
*
44 Identify any third-party issued eco-labels, ratings or certifications that your company has received for
the equipment or products included in your
Proposal related to energy efficiency or
conservation, life-cycle design (cradle-to-cradle), or
other green/sustainability factors.
We look to work closely with manufacturers that have sustainability programs and initiatives. *
45 Describe any Women or Minority Business Entity
(WMBE), Small Business Entity (SBE), or veteran
owned business certifications that your company or
hub partners have obtained. Upload documentation
of certification (as applicable) in the document
upload section of your response.
"As a very competitive small business that successfully competes against larger companies, Curtis is intimately aware that small businesses can often provide faster, more efficient and satisfactory customer-focused support than what is typical of large organizations. Therefore, it is Curtis policy to develop and utilize to the greatest extent possible, suppliers of quality product and services provided by historically underutilized businesses.
Small Business, Small Disadvantaged Business, Women-Owned Small Business, Service-Disabled Veteran-Owned Small Business, Veteran-Owned Small Business, Minority-Owned Small Business, and HUBZone Businesses account for an increasing segment of Curtis suppliers. Curtis’ goal is to develop and more fully utilize these businesses as suppliers and business partners.
Curtis views the programs such as the up-coming Sourcewell Firefighting PPE Program as a platform with which to provide new opportunities to underutilized businesses.
However, given the critical life-support functions performed by a majority of the manufacturers in Curtis’ proposed product catalog, the ability to source THE BEST and MOST RELIABLE products must take precedence over any concerns about business entity-type. " *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
17.K.
46 What unique attributes does your company, your
products, or your services offer to Sourcewell
participating entities? What makes your proposed
solutions unique in your industry as it applies to
Sourcewell participating entities?
Curtis is focused on being a long term partner with customers. We look to provide value and solutions to members through our full service offering: Support with the initial discovery, and review of products. Procurement of selected items. Maintenance and repair to support the product for its lifespan.
Curtis has conducted over ninety years of successful business focusing on supporting the fire, rescue, & emergency response industries. Curtis provides our customers with exceptional products, customer service, and product support covering an extremely broad-based product catalog.
Curtis’ Customer Service Operations are located in Kent, WA, Salt Lake City, UT, Walnut Creek, CA, Santa Fe Springs (Los Angeles), CA, and Phoenix, AZ. A brand new consolidated state-of-theart warehousing facility, providing Curtis customers with a complete suite of Integrated Logistics Services, is located in Salt Lake City, UT.
Curtis is fully qualified to provide superior service to Sourcewell members. In addition to our many large contracts with city and state agencies, Curtis continues to perform on three programs that have honed our capabilities to manage and serve major accounts with a complex array of product & service offerings.
Curtis has a contract with the General Services Administration (GSA contract 47QSWA18D009Y).
Curtis services over a thousand customers a year who purchase from our GSA product catalog.
Additionally, Curtis is a contractor to the Defense Logistics Agency (DLA) Troop Support under the provisions of a prime contract supporting the United States Defense Department’s Fire and Emergency Services Tailored Logistics Support Program and the United States Fire Service (DLA contracts SPE8EH-19-D-0015) supporting agencies of the United States Federal Government located world-wide.
A great source of corporate pride and import, Curtis achieved great success while supporting the members of other COOPS. Since the launch of these COOP-type contracts, the Company has experienced a significant increase in customer acceptance of this “piggyback” contract mechanism and a related year-to-year growth in sales.
Curtis’ Corporate Mission (why we do what we do):
“L.N. Curtis & sons provides critical products and services that enable our nation’s first responders to accomplish their missions so that they are able to return safely home.” Curtis’ proposal to Sourcewell has been prepared to ensure full compliance with solicitation requirements. We have assembled a team from our stable of excellent manufacturers to form a robust compilation of products required to support firefighting and rescue operations. The purpose of our proposal is to provide an array of the most common products used by today’s Fire Service.
Curtis’ offer includes one or more brands for each of the following product categories:
o Firefighter Protective Clothing
o Station-Wear
o Helmets & Related Accessories
o Related Equipment
o PPE Cleaning Equipment & Product
o PPE-related Services
*
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
17.K.
Table 9A: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line
Item Question Response *
47 Do your warranties cover all products, parts, and
labor?
Curtis provides the manufacturers’ warranties for all proposed supplies. Additionally, Curtis will offer any extended warranties if available, at additional costs.
The warranties provided under Curtis’ proposed program will be the same as offered to the public and will include products, parts and labor (standard commercial practice).
Please refer to attachment, "Item 47 - Curtis Terms & Conditions of Sales" *
48 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
No *
49 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Yes, where stated as part of the Manufacturer’s standard warranty. *
50 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell participating
entities in these regions be provided service for
warranty repair?
All products and product support to perform warranty servicing included in this Curtis proposal are available to membership located in the thirteen Western States of Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, Idaho, Washington, Oregon, Nevada, California, Alaska, and Hawaii without limitations. When warranty support is required outside the 13 western states, Curtis will coordinate warranty servicing and support directly with the manufacturer to ensure warranty commitments are quickly met.
*
51 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
We take responsibility for what we sell. Curtis offers warranty service for all brands and models that we sell and that are included in this proposal. *
52 What are your proposed exchange and return
programs and policies?
Curtis strives to maintain the highest level of customer service. In accordance Curtis will re-fund or exchange your purchase within the following guidelines:
Product must be returned in new, unused condition within 30 days of receipt. Any product you desire to return after that date is subject to review by Curtis and may be non-returnable.
Product that has been used, damaged, or not purchased through LNCurtis.com or CurtisBlueLine.com or from a Curtis location will not be refunded.
Product that has been altered by engraving, stamping, marking, stenciling, etc., is not eligible for return. Clearance or Used product is also non-returnable. Custom, special-order products and/or nonstock product may be returned only if acceptable to our vendor. A re-stocking and handling fee, as determined by our vendor and transportation costs to return to our vendor will be charged.
Return your product(s) by following these steps:
1. Contact Customer Service at 877.488.0469 or [email protected] to request a return or exchange.
2. A Return Authorization (RA) will be issued to you and is required to be included with the return of any product.
3. Return your product by bringing it into or shipping to the Curtis location specified in the RA.
4. When shipping to a Curtis location, carefully pack the product to avoid damage during shipment.
Product that arrives in damaged condition is not eligible for return credit and will be shipped back to you.
5. Return the product prepaid to the address specified on the RA. Make sure you include a copy of the RA with the product being returned. We recommend that you keep a copy of the RA and the receipt for the return shipment from the shipping service you use. Curtis does not take title to returned product until received by Curtis at our return location in undamaged condition. We will only consider a refund for products that arrive at our facility in undamaged new and unused condition.
Curtis reserves the right to reject all product returns. All returns are subject to re-view upon our receipt of the product and inspection. Product received in conditions other than originally shipped may be rejected and shipped back to you.
You may request an exchange, a credit on your account or a refund if the product has already been paid for and funds received by us. All refunds are issued using the original payment method and may take up to ten (10) business days for the refund process to complete. *
53 Describe any service contract options for the items
included in your proposal.
Curtis offers service and repair based upon manufacturers’ recommendations and customer requirements. Pricing is typically based upon the specific requirements for each service or repair action.
*
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
17.K.
Table 9B: Performance Standards or Guarantees
Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure.
You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line
Item Question Response *
54 Describe any performance standards or
guarantees that apply to your services
Guided by the operating principle of striving to be THE BEST, we have two primary responsibilities:
1. Ensure that every need of every customer is met…every time, on time
2. Respond quickly to customer issues and resolve them efficiently and to the customer’s complete satisfaction
Curtis is committed to providing our customers with the required service and product familiarization needed to safely and effectively employ the products and equipment we supply. A sampling of available value-added product familiarization, available through our Curtis Care program, includes:
• Personal Protective Equipment (PPE) product education and familiarization maintenance, repair and cleaning services
• Self-Contained Breathing Apparatus (SCBA) product education, familiarization, fit-testing, and maintenance services
• Gas detection product education, familiarization, and maintenance services • Rescue tool product education, familiarization, and maintenance services • Breathing air compressor product education, familiarization and maintenance services • Firefighting training towers and buildings, and Firefighting training prop product education, familiarization, and maintenance service
Curtis stands behind our products and will make things right. *
55 Describe any service standards or guarantees that
apply to your services (policies, metrics, KPIs, etc.)
Per our standard operating procedures, Curtis tracks Key Performance Indicators (KPIs) to make sure our business is tracking per plan.
KPI-related data is extracted from our Enterprise Resource Planning platform, Oracle-NetSuite. OracleNetSuite, a cloud ERP solution that automates front and back-office processes enable the Company to track all critical business functions including financial management, revenue management, fixed assets, order entry/management/tracking, billing, and inventory management. Oracle-NetSuite enables Curtis management to generate real-time performance and status reports (e.g., sales (orders and frequency) fill rates vendor performance returns due to improper shipments and defective items and back-orders).
Using Oracle-NetSuite, Curtis tracks performance of all orders, awards, contracts, and programs, including, should Curtis be honored with a contract, the Company's performance in support of Sourcewell.
*
Table 10: Payment Terms and Financing Options
Line
Item Question Response *
56 Describe your payment terms and accepted
payment methods.
Curtis offers terms for municipal and government agencies and accepts MasterCard, Visa and American Express for all end users. Non-agency customers can apply for terms and varying credit limit based on financial credit application. Payment terms are net 30 days from invoice date with no discounts or retention of any kind or sort allowed. Interest will accrue on invoices unpaid after the net due date at the annual rate of 12% or the maximum legal contract interest rate, whichever is less.
*
57 Describe any leasing or financing options available
for use by educational or governmental entities.
Agencies can request a lease-to-own option with flexible terms and payment schedule. * 58 Describe any standard transaction documents that
you propose to use in connection with an awarded
contract (order forms, terms and conditions, service
level agreements, etc.). Upload a sample of each
(as applicable) in the document upload section of
your response.
After an order is received, Curtis uses a simple and consistent series of procedures for processing customer orders. The sourcing determination, made by the Customer Service Manager during the customer purchase order review process, is the primary factor made to determine the specific path to be taken by our staff while processing each individual order (e.g., ship from a Curtis warehouse; ship direct from the manufacturer; consolidate at a Curtis warehouse [bills-of-material orders]).
See attached "Sourcewell RFP 010424 Sample"
*
59 Do you accept the P-card procurement and
payment process? If so, is there any additional
cost to Sourcewell participating entities for using
this process?
Curtis accepts P-Card payments with no processing fees. *
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
17.K.
60 Describe your pricing model (e.g., line-item
discounts or product-category discounts). Provide
detailed pricing data (including standard or list
pricing and the Sourcewell discounted price) on all
of the items that you want Sourcewell to consider
as part of your RFP response. If applicable,
provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
The Pricing Offered in this Proposal is detailed in the attachment, “Item 60 - Curtis Price Offering.” Curtis’ proposed pricing model is based upon a set discount off list price, by brand or in certain cases when a brand offers several models, by model. The pricing model is applicable to the brand’s entire published catalog. *
61 Quantify the pricing discount represented by the
pricing proposal in this response. For example, if
the pricing in your response represents a
percentage discount from MSRP or list, state the
percentage or percentage range.
Curtis’ proposed program is based upon offering, by brand, a fixed percentage (%) discount off the manufacturers’ Suggested (List) Price.
*
62 Describe any quantity or volume discounts or
rebate programs that you offer.
Curtis will offer customers deeper discounts than proposed, depending on volume, product specifications, and market conditions.
*
63 Propose a method of facilitating “sourced” products
or related services, which may be referred to
as “open market” items or “nonstandard options”.
For example, you may supply such items “at cost”
or “at cost plus a percentage,” or you may supply
a quote for each such request.
When a customer requests a quote containing both on-contract and open market products or services, Curtis will offer the customer the following:
On-Contract Products & Services: Price will be the list price less as contracted discount for the brand/model, plus freight.
Open Market Products & Services: Curtis will supply the customer with a quote consistent with the price offered our Most Favored Customer, plus freight.
*
64 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with
your response. This includes all additional charges
associated with a purchase that are not directly
identified as freight or shipping charges. For
example, list costs for items like pre-delivery
inspection, installation, set up, mandatory training,
or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
Curtis adds no additional costs to member prices, unless the customer requests open market products or services that relate to the on-contract item but that are not on contract. *
65 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in
detail the complete freight, shipping, and delivery
program.
All deliveries are F.O.B. the Curtis’ facility or freight prepaid. Unless otherwise agreed in writing, Curtis may, in its sole discretion, select the shipping method, the carrier and the applicable freight charges. strong freight and parcel carrier relationships with competitive pricing which is good for customers.
We can quote customers shipping in different ways so they have options to choose from. *
66 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii,
Canada, or any offshore delivery.
All deliveries are F.O.B. the Curtis’ facility or freight prepaid. Unless otherwise agreed in writing, Curtis may, in its sole discretion, select the shipping method, the carrier and the applicable freight charges. strong freight and parcel carrier relationships with competitive pricing which is good for customers.
We can quote customers shipping in different ways so they have options to choose from. *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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67 Describe any unique distribution and/or delivery
methods or options offered in your proposal.
Curtis offers our customers an integrated approach to logistics supply support that encompasses all management actions, procedures, and techniques used to determine requirements to:
• Acquire support items and spare parts
• Catalog the items
• Receive the items
• Store and warehouse the items
• Transfer the items to where they are needed
• Issue the items
• Dispose of secondary items
• Provide for initial support of the system
• Acquire, distribute, and replenish inventory
• And, provide value-added resources by combining
Commodity Management with our Logistics and Kitting services for complete “end-to-end” customer support.
Logistics Solutions
Curtis offers complete transportation and logistics management services. By contracting and managing a network of national, regional, and local carriers we can offer a complete package of freight handling services – the integrated logistics solution you require to increase efficiency and lower costs. Additional transportation services we can provide include:
• Expedited
• Port and Rail Drayage
• Intermodal
• International (Ocean Freight/Air Freight)
• Less-than-truckload
• Specialized Equipment – temperature controlled, HAZMAT, etc. • Freight Forwarding
Kitting Solutions
When end users are required to combine multiple products into new product kits, our kitting services can help. We have experience breaking down bulk materials and products, unitizing and creating multi-packs, even custom-made kits with bar-code or RFID labeling. Our product kitting and assembly services allow customers to:
• Reduce inventory
• Respond quickly and economically to changing demand for custom packs • Fulfill individual custom orders
• Fulfillment capabilities help you manage inventory throughout the kitting cycle, from individual components to creation of new SKUs.
• Our team maps efficient kitting processes and builds in quality checks to ensure the accuracy of final kits.
• Our labor solutions help you economically manage activity spikes and meet last-minute requests. *
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 68 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. See attached pricing Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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Table 13: Audit and Administrative Fee
Line
Item Question Response *
69 Specifically describe any self-audit process or
program that you plan to employ to verify
compliance with your proposed Contract with
Sourcewell. This process includes ensuring that
Sourcewell participating entities obtain the proper
pricing, that the Vendor reports all sales under the
Contract each quarter, and that the Vendor remits
the proper administrative fee to Sourcewell. Provide
sufficient detail to support your ability to report
quarterly sales to Sourcewell as described in the
Contract template.
Customer Service Managers within the Curtis organization review daily sales orders to ensure proper contract pricing is provided to end users. Curtis administration will provide a contract sales activity report to the Sourcewell representative assigned to this contract no later than 45 days after the end of each calendar quarter. The report will contain all of the fields described in the contract template.
*
70 If you are awarded a contract, provide a few
examples of internal metrics that will be tracked to
measure whether you are having success with the
contract.
Per our standard operating procedures, Curtis tracks Key Performance Indicators (KPIs) to make sure our business is tracking per plan.
KPI-related data is extracted from our Enterprise Resource Planning platform, Oracle-NetSuite.
Oracle-NetSuite, a cloud ERP solution that automates front and back-office processes enable the Company to track all critical business functions including financial management, revenue management, fixed assets, order entry/management/tracking, billing, and inventory management.
Oracle-NetSuite enables Curtis management to generate real-time performance and status reports (e.g., sales (orders and frequency) fill rates vendor performance returns due to improper shipments and defective items and back-orders).
Using Oracle-NetSuite, Curtis tracks performance of all orders, awards, contracts, and programs, including, should Curtis be honored with a contract, the Company's performance in support of Sourcewell.
Curtis has seen a regular increase in annual sales throughout the duration of the current Sourcewell PPE & FFE contracts.
*
71 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and
promoting the Sourcewell Contract in the event that
you are awarded a Contract. This fee is typically
calculated as a percentage of Vendor’s sales under
the Contract or as a per-unit fee; it is not a lineitem addition to the Member’s cost of goods. (See the RFP and template Contract for additional
details.)
Curtis proposes to pay a 1% (or less) administrative fee to Sourcewell. *
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
72 Provide a detailed description of the equipment,
products, and services that you are offering in your
proposal.
"As the largest stocking distributor of firefighting equipment in the West and one of the largest distributors of firefighting equipment and services in America, Curtis is offering the premium brand of products in the defined categories along with on-site product support and customer service.
In addition to products being offered at best pricing, Curtis offers the membership a full suite of Integrated Logistics Support and Services product specialists who are trained and certified by manufacturers to provide deployment support and, product" training in use, care, maintenance and repair, and safety. *
73 Describe available options for customization of the
products and/or equipment offered in your proposal.
Typically, PPE are highly customized products, based on the requirements of each department, and sometimes, each firefighter. Curtis' Sales and Product Support teams provide the market with presales product training and education to help define the best materials and optimal design requirements required to meet each department's unique Risk Assessment. 74 Explain your processes for sizing, fitting, and the
alteration of the products and/or equipment offered
in your proposal, as applicable.
Curtis' Sales and Product Support Teams provide on-site sizing, when required, for PPE orders at no additional charge. Sizing is accomplished using actual sizing sets. Each firefighter dons sizing samples until a proper fit is identified.
Additionally, CurtisCare PPE provides NFPA 1851-compliant PPE inspection, repair and cleaning services. CurtisCare PPE is included in this Curtis proposal. 75 Within this RFP category there may be
subcategories of solutions. List subcategory titles
that best describe your products and services.
Curtis' proposal includes products representing the following categories and subcategories:
1. PERSONAL PROTECTIVE EQUIPMENT (PPE)
• Firefighter Protective Clothing (structural and proximity [aircraft]) o Turnout Jackets
o Turnout Pants
o Firefighting Boots
o Firefighting Gloves
o Firefighting Hoods
• Wildland Fire Fighting Protective Gear
o Wildland Jackets
o Wildland Pants
o Wildland Boots
o Wildland Gloves
o Wildland Hoods
• Technical Rescue Protective Gear
o Tech Rescue Jackets
o Tech Rescue Pants
o Tech Rescue Boots
o Tech Rescue Gloves
• Station-Wear
o Blouses (shirts)
o Jackets
o Pants
o Footwear
o Replacements parts and accessories
• Miscellaneous PPE-related equipment
o Belts
o Packs
o Base Layers
o Eye Protection
o Face Protection
o HazMat
o Storage, Cleaning, Care & Maintenance
o Other
2. PPE-RELATED SERVICES
• Pre-sales Support (requirements definition and support to specification development) • Post-Sales Support (sizing, use and care, assistance during deployment, repair, and maintenance) • Inspection, Cleaning & Repair Support (proposal includes providing the membership a Verified Independent Service Provider offering NFPA 1851-compliant inspection, cleaning, and repair of personal protective equipment)
*
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line
Item Category or Type Offered * Comments
76 Protective Clothing Yes
No
Such as:
o Turnout Jackets & Pants
o Firefighting Boots
o Firefighting Gloves
o Wildland Jackets & Pants
o Wildland Boots
o Wildland Gloves
o Wildland Helmets
o Wildland Hoods
o Tech Rescue Jackets & Pants
o Tech Rescue Boots
o Tech Rescue Gloves
o Tech Rescue Helmets
*
77 Helmets and related accessories Yes
No
Such as:
o Firefighting Helmets
o Firefighting Hoods
*
78 Other related equipment and
accessories
Yes
No
Such as:
o Belts
o Packs
o Base Layers
o Eye Protection
o Face Protection
o HazMat
o Storage, Cleaning, Care & Maintenance
*
79 Firefighting apparel and station-wear Yes
No
Such as:
o Station-shirt / Blouses
o Jackets
o Pants
o Footwear
o Hats
o Workout Gear
o Tee Shirts
o Replacements parts and accessories
*
80 Extractors, laundry machines,
mechanical dryers, drying and
storing racks
Yes
No
Such as:
o Extractors
o Dryers / Drying Cabinets
o Racks & Accessories
*
81 Cleaning and decontamination
service and maintenance
Yes
No
82 Firefighting PPE cleaning supplies Yes
No
83 Cleaning equipment for other
firefighting equipment and tools
Yes
No
84 Services Related to the equipment
described above
Yes
No
• Pre-sales Support (requirements definition and support to specification development) • Post-Sales Support (sizing, use and care, assistance during deployment, repair, and maintenance)
• Inspection, Cleaning & Repair Support (proposal includes providing the membership a Verified Independent Service Provider offering NFPA 1851-compliant inspection, cleaning, and repair of personal protective equipment)
Table 15: Exceptions to Terms, Conditions, or Specifications Form Line Item 85. NOTICE: To identify any exception, or to request any modification, to Sourcewell standard Contract terms, conditions, or specifications, a Proposer must submit the proposed exception(s) or requested modification(s) via redline in the Contract Template provided in the “Bid Documents” section. Proposer must upload the redline in the “Requested Exceptions” upload field. All exceptions and/or proposed modifications are subject to review and approval by Sourcewell and will not automatically be included in the Contract.
Do you have exceptions or modifications to propose? Acknowledgement * Yes
No
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” Pricing - SourceWell RFP 010424 Firefighting PPE Product Catalog CURTIS _FINAL.xlsx - Thursday January 04, 2024 16:26:32 Financial Strength and Stability - Curtis Financial Statements 12312023.pdf - Wednesday January 03, 2024 16:08:24 Marketing Plan/Samples - Curtis Brochure.pdf - Thursday January 04, 2024 15:57:48 WMBE/MBE/SBE or Related Certificates - ECMS Service Guarantee 2021.pdf - Thursday January 04, 2024 15:58:41 Warranty Information - Item 47 - Curtis Terms & Conditions of Sales.pdf - Thursday January 04, 2024 14:51:49 Standard Transaction Document Samples - Sourcewell RFP 010424 Sample.pdf - Thursday January 04, 2024 16:12:24 Requested Exceptions (optional)
Upload Additional Document - Curtis-Sales-Territories-Map.pdf - Thursday January 04, 2024 13:25:02 Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Angela Mackey, Director of Customer Service, Fire/Rescue, L.N. Curtis & sons The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons
DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_5_Firefighting PPE and Related Equipment Cleaning_RFP_010424 Fri December 15 2023 12:51 PM
1 Addendum_4_Firefighting PPE and Related Equipment Cleaning_RFP_010424 Thu December 14 2023 01:51 PM
1 Addendum_3_Firefighting PPE and Related Equipment Cleaning_RFP_010424 Mon December 4 2023 04:00 PM
1 Addendum_2_Firefighting PPE and Related Equipment Cleaning_RFP_010424 Thu November 30 2023 10:28 AM
2 Addendum_1_Firefighting_PPE_and_Related_Equipment_Cleaning_RFP_010424 Thu November 9 2023 04:34 PM
1 Bid Number: RFP 010424 Vendor Name: L.N. Curtis & sons DocuSign Envelope ID: F9DD71C4-C17F-4083-BCEE-B727151B03DA
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 28 2026
Department: City Council
Submitted by: Mark Prestwich, City Manager
Eric Bunge, Executive Analyst, Noah Rau, Public Works Director/City Engineer; ☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Adopting the Weston Park Conceptual Design (CIP 2512) and Authorizing the City Manager, or Designee, to Execute Documents Necessary to Pursue Grant Funding Opportunities RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Adopting the Weston Park Conceptual Design (CIP 2512) and Authorizing the City Manager, or Designee, to Execute Documents Necessary to Pursue Grant Funding Opportunities.
BACKGROUND:
Weston Park, located at 130 N. Thompson Street, is one of the City of Hemet’s most historic and centrally located public spaces. Established through the generosity of Dr. John B. Weston in 1921 and formally named in 1930 in honor of his brother, Francis Weston, the park has served the community for nearly a century. Situated near the heart of Downtown and framed by Florida Avenue, Thompson Street, Taylor Street, and Latham Avenue, Weston Park has long functioned as a civic gathering place for community celebrations, public events, and shared traditions.
While the park continues to host community events such as the annual Christmas Parade, portions of the site have become underutilized over time, and some amenities have been removed or closed due to operational and maintenance challenges. Community feedback has consistently indicated that Weston Park remains valued by residents but is not currently reaching its full potential as a vibrant downtown destination.
Recognizing the importance of strengthening Hemet’s central gathering spaces, the City initiated the Weston Park Reimagining Initiative as part of the Fiscal Year 2025–26 City Council Strategic Plan.
Through a formal Request for Proposals process, the City retained Community Works Design Group to assist with planning, community engagement, and conceptual design development.
18.A.
To guide the reimagining process, the Consultant, in tandem with City Staff, conducted a multi-phase community engagement process designed to gather broad public input and ensure the concept reflects community priorities. Outreach spanned several months and included participation at several community events, an online multilingual survey, social media engagement, stakeholder coordination, and a session with the Hemet Youth Council. Community feedback consistently emphasized improving safety, expanding family-friendly recreation opportunities, providing shaded gathering spaces, incorporating water play features, and creating flexible space for community events.
Based on this input, three conceptual design options were developed and presented for public feedback. One concept emerged as the clear community preference, receiving strong support across both in-person and digital engagement. The conceptual design layout in Attachment 2 and the visual renderings in Attachment 5 reflect this community input while balancing site constraints, operational considerations, cost-effectiveness, and long-term sustainability. The preferred option includes preservation of the shuffleboard building.
The project also aligns with broader community planning efforts. The 2017 Downtown Specific Plan identifies Weston Park as a key component of the Downtown open space network and envisions its evolution into a more active, multi-generational destination. Additionally, the project is identified as Action #9 within the “Place” section of the 2024 Hemet Rises Economic Development Strategy, which emphasizes enhancing public spaces to support downtown vitality and community identity.
After the Council received a presentation on April 14, 2026, it was determined that there were some elements that needed additional direction from the Ad Hoc Committee before adopting the design concept. On April 21, 2026, staff met with the Ad Hoc and received the necessary direction for this final recommendation as detailed later in this report.
DISCUSSION:
The original concept, along with the outreach process and community feedback, was presented to the City Council on April 14, 2026. Based on Council direction, staff reconvened with the Ad Hoc Committee and is now returning with a refined conceptual design for consideration and approval.
The Ad Hoc Committee reviewed and finalized several key elements, including the splash pad layout, two new palm trees to replace one existing, and selection of a mobile stage in lieu of a permanent structure to allow for greater flexibility and cost efficiency, including a savings of at least $200,000 and potential rental revenue should other nearby agencies/entities consider rental use of a future City-owned mobile stage. The Committee also supported the addition of mural(s) along the north and east sides of the shuffleboard building, as well as a backlit metal Hemet-branded art logo oriented southward to enhance visibility and reinforce the park’s identity from both within the park and along Florida Avenue.
The conceptual design, included as Attachment 2, is presented for City Council consideration and serves as a visual framework illustrating how the park could be transformed in alignment with community priorities. More detailed renderings and visuals will be provided as part of the presentation to the City Council on April 28, 2026.
The conceptual design includes a balanced mix of amenities intended to serve a wide range of users, including:
A splash pad water play feature
18.A.
A fenced and shaded playground area featuring a farm-themed tot lot, ninja-style play equipment, ADA-accessible play elements, and a spinning top feature paying homage to the park’s historic merry-go-round
A flexible event space with walkways designed to accommodate vendor booths and food trucks during community events
A figure-eight style walking path measuring approximately one-quarter mile with exercise stations
Two pickleball courts and full basketball court with an additional lower-height hoop on the half court
Preservation and enhancement of the existing shuffleboard facility, including metal art featured along the south-facing wall within the potential of murals as well. A plaza area incorporating public art, a flagpole focal point, and the Howard Rose Garden at the park entrance
Conversion of Taylor and Thompson Streets to one-way circulation to support more userfriendly parking access Enhanced lighting, improved sightlines, and increased perimeter visibility Desert landscape framing along the east and west sides of the park The design emphasizes safety through visibility, activation, and positive occupancy. Open sightlines, focal entrances, and programmed spaces are intentionally incorporated to encourage consistent, multigenerational use throughout the day and evening.
Additionally, the conceptual design aligns with the City’s General Plan and the 2017 Downtown Specific Plan, which identifies Weston Park as an activity hub within the Downtown open space network.
PREVIOUS COUNCIL ACTION:
This initial concept was presented to Council for consideration at the April 14, 2026 council meeting.
On August 12, 2025, the City Council awarded a Professional Services Agreement to Community Works Design Group for the Weston Park Redesign (CIP 2512).
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 TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
Objective 1: Develop business practices that welcome new development by streamlining processes.
Objective 2: Provide resources for new businesses to enhance the customer service experience.
18.A.
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:
Adoption of the conceptual design establishes a community-supported framework to guide future design development and funding strategies. The consultant agreement previously approved by the City Council includes services for conceptual planning and preliminary design development. Approval of the conceptual plan would authorize staff to proceed with the next phase of work under the existing contract, which includes the preparation of approximately 30 percent design drawings.
Development of these preliminary design documents will allow the City to refine construction cost estimates and better position the project to pursue external funding opportunities. Preliminary Rough Order of Magnitude (ROM) cost estimates are included in Attachment 4. Many state and federal grant programs require projects to demonstrate preliminary planning, design progress, and community engagement as part of the application process.
Staff anticipates pursuing grant opportunities such as the Statewide Park Development and Community Revitalization Program (SPP) under Proposition 4. Additional funding sources may include the capital portion of the City’s Community Development Block Grant (CDBG) allocation, City Park Development Impact Fee (DIF) fund balance and the Waterwise Landscaping Rebate Program for eligible project components.
While adoption of the conceptual design does not commit the City to construction, the proposed improvements within the concept would result in additional ongoing operational and maintenance costs. Based on preliminary estimates, these costs are anticipated to range from ~$60-65,000 annually and may include the following approximate additional cost components:
$12,000 annually in additional electrical costs,
$30,000 annually for splash pad operations and maintenance, $11,000 annually per security system (including patrols and Flock camera systems), And an estimated $10,000 annually for a capital replacement or “sinking” fund to support longterm asset maintenance and lifecycle needs.
These cost estimates are preliminary and will be further refined as part of the design development process. Any future operational impacts will be evaluated and presented to City Council in conjunction with funding strategies and prior to project implementation.
ALTERNATIVE(S):
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1. Do not adopt the conceptual design and/or authorize the City Manager to execute grant applications.
2. Provide alternative direction to the City Manager.
ATTACHMENT(S):
Attachment 1: Resolution Approving the Conceptual Design for the Weston Park Redesign (CIP 2512)
Attachment 2: Preliminary "final" Conceptual Design Layout Attachment 3: Preliminary Conceptual Renderings
Attachment 4: Initial ROMs - Weston Park Redesign Grant Cost Estimate
18.A.
CITY OF HEMET RESOLUTION NO. 2026-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ADOPTING THE WESTON
PARK CONCEPTUAL DESIGN AND AUTHORIZING THE
CITY MANAGER, OR DESIGNEE, TO EXECUTE
DOCUMENTS NECESSARY TO PURSUE GRANT
FUNDING OPPORTUNITIES
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, Weston Park, located at 130 North Thompson Street, is one of the City of Hemet’s most historic and centrally located public spaces and has served as a civic gathering place for the community since its establishment and naming in 1930; and WHEREAS, the City Council identified the Weston Park Reimagining Initiative as a priority within the Fiscal Year 2025–2026 City Council Strategic Plan to evaluate opportunities to enhance the park and better serve current and future generations; and WHEREAS, the City retained Community Works Design Group through a formal Request for Proposals process to assist with community engagement, planning, and development of conceptual design alternatives for the park; and WHEREAS, the City conducted a comprehensive community engagement process that included participation at community events, an online multilingual survey, social media outreach, coordination with City stakeholders, and engagement with the Hemet Youth Council to gather community input regarding desired park improvements; and
18.A.
CITY OF HEMET RESOLUTION NO. 2026-XXX 1
WHEREAS, the community engagement process identified key priorities including improving safety, expanding family-friendly recreation opportunities, incorporating shaded gathering spaces, providing water play features, and creating flexible areas for community events; and
WHEREAS, a conceptual design was deployed that reflects community priorities while balancing site constraints, operational considerations, cost effectiveness, and long-term sustainability; and
WHEREAS, adoption of the conceptual design establishes a communitysupported framework to guide future design development and funding strategies but does not authorize construction or commit the City to a construction timeline; and WHEREAS, development of preliminary design drawings will allow the City to refine cost estimates and pursue external grant funding opportunities to support future improvements to Weston Park, which often require preliminary design plans and documentation of community engagement as part of the application process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:
SECTION 1. FINDINGS - The recitals set forth above are hereby adopted as findings in support of this Resolution.
SECTION 2. CONCEPT APPROVAL - The City Council hereby adopts the Weston Park Conceptual Design to guide future design development and implementation planning for improvements to Weston Park. Adoption of the conceptual
18.A.
CITY OF HEMET RESOLUTION NO. 2026-XXX 1
design authorizes staff to proceed with the next phase of design development under the City’s existing consultant agreement.
SECTION 3. AUTHORIZATION - The City Council hereby authorizes the City Manager, or designee, to execute grant applications and related documents necessary to pursue external funding opportunities associated with the Weston Park improvement project.
SECTION 4. GRANTS - The City Council acknowledges that certain grant programs may require local matching funds or other financial commitments. By adopting this Resolution, the City Council expresses its support for pursuing such grant opportunities for Weston Park improvements. Should the City be awarded grant funding, any required matching funds or budget appropriations will be subject to separate City Council review and approval.
SECTION 5. CONSTRUCTION - Adoption of this Resolution does not authorize construction of park improvements or commit the City to future funding allocations. Any future construction phase will be subject to separate City Council review and approval.
18.A.
CITY OF HEMET RESOLUTION NO. 2026-XXX 1
PASSED, APPROVED, AND ADOPTED this 28th day of April, 2026. ____________________________
Linda Krupa, Mayor
ATTEST:
_____________________________
Elodie Klug, Deputy City Clerk
18.A.
CITY OF HEMET RESOLUTION NO. 2026-XXX 1
State of California )
County of Riverside )
City of Hemet )
I, Elodie Klug, Deputy City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 28th day of April, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Elodie Klug, Deputy City Clerk
18.A.
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18.A.
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18.A.
Item Qty U.M. Total Cost
Tot Lot 2-5 yr olds 1 LS $300,000.00
Child Play 5-12 yr olds 1 LS $400,000.00
Exercise Equipment (Single) 6 EA $84,000.00
Resilient Surfacing (Exercise/Play) 1 LS $355,536.00
$1,139,536.00
Splash Pad (Medium) 1 EA $420,000.00
Splash Pad Colored Concrete 6" 1775 SF $46,460.63
6' Splash Pad Fencing 380 LF $132,050.00
$598,510.63
Basketball Court Equipment 2 EA $10,000.00
Basketball Court Hardscape 5800 SF $83,114.00
Hard Court Surfacing & Striping 5800 SF $50,483.58
Court Lighting 6 EA $114,000.00
Pickleball Courts (2) 1 EA $95,970.50
$353,568.08
Flexible Event Space & Seating 1 LS $217,950.00
Shuffleboard Building Modernization 5250 SF $157,500.00 Picnic Structures & Tables 1 EA $313,496.29
Howard Rose Garden & Public Art 1 LS $119,770.00
Site Furnishings 1 LS $100,000.00
$908,716.29
$3,000,331.00
Prefabricated Bathroom Large 1 EA $500,000.00
Sewer Lateral/Connection 1 LS $62,712.65
General Planting, Trees, & Palms 1 LS $472,831.00
Irrigation System & Controller 1 LS $309,693.07
Lighting (Path, Street, Security) 1 LS $514,568.00
Hardscape Improvements 1 LS $1,320,038.00
Utilities Improvements 1 LS $309,475.69
$3,489,318.41
Variable
Variable
SUBTOTAL SUPPORT AMENITIES
Landscape Variable
Variable
Infrastructure Variable
SUPPORT AMENITIES
Restrooms $500,000.00
Variable
Variable
Social & Passive Subtotal
SUBTOTAL RECREATION FEATURES
$30.00
Variable
Variable
Athletic Courts Subtotal
Social & Passive
Variable
Variable
$19,000
$95,970.50
Athletic Courts
$5,000.00
$14.33
$26.18
$347.50
Aquatics Subtotal
Play & Fitness Subtotal
Aquatics
$460,000.00
$450,000.00
$14,000.00
$375,536.00
Category Unit Cost
RECREATION FEATURES
Play & Fitness
$350,000.00
Community Works Design Group
Preliminary Cost Estimate
Project: Weston Park Redesign Date: 4/3/2026 Progress: 30% Take off by: Analicia Escobar‐Gomez/ Savannah Baca
18.A.
Mobilization (5%) 1 LS $480,000.00
Demo, Earthwork & Erosion Control 1 LS $857,000.00
Surveying, SWPPP & Signage 1 LS $221,559.00
$1,558,559.00
$8,048,208.41
$804,820.84
$8,853,029.25
PS&E - Final Construction Document
Design 1 LS $400,000.00
Permitting & Miscellaneous 1 LS $100,000.00
$500,000.00
Street & Parking Improvements along
N.Taylor Street & N. Thompson Street 1 LS $185,000.00
$185,000.00
OFF-SITE STREET IMPROVEMENTS (NOT INCLUDED IN SPP ROUND 5) Variable
TOTAL OFF-SITE IMPROVEMENTS
Variable
TOTAL PRE-CONSTRUCTION COSTS
GRAND TOTAL ESTIMATE CONSTRUCTION COSTS
PRE-CONSTRUCTION COSTS
Variable
Variable
SUBTOTAL PROJECT STARTS & INDIRECTS
SUBTOTAL CONSTRUCTION COSTS
MARKET INSTABILITY & INFLATION ADJUSTMENT (10%)
PROJECT START & INDIRECTS
$480,000.00
Variable
18.A.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 28 2026
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Sixth Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services Between the City of Hemet and CR&R Incorporated
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving the Sixth Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services between the City of Hemet and CR&R Incorporated.
BACKGROUND:
The City of Hemet and CR&R Incorporated entered into the original Exclusive Franchise Agreement for Comprehensive Refuse Services on October 11, 2011, pursuant to City Resolution No. 4458.
Since that time, the parties have amended the agreement on five prior occasions, in 2012, 2013, 2015, 2019, and 2022, in order to address evolving operational needs and legislative requirements.
The Sixth Amendment now presented to the City Council is part of that continuing process of updating the agreement to reflect current service expectations, long-term infrastructure planning, and the City’s interest in preserving effective oversight of a core municipal service that affects every neighborhood and business district in Hemet.
As a practical matter, refuse, recycling, organics, bulky item collection, and related street sweeping and enforcement-support activities are among the most visible services experienced by the public.
The City, therefore, has a strong interest in ensuring that its franchise agreement not only preserves continuity of service but also establishes clear standards for performance, equipment, reporting, cost recovery, and accountability. The attached Sixth Amendment does not replace the existing agreement in its entirety. Rather, it updates selected provisions of the long-standing franchise arrangement while leaving the remainder of the underlying agreement and prior amendments in full force and effect except where specifically modified.
18.B.
The Council is also being asked to consider related exhibits that are incorporated into the proposed amendment. Those exhibits include updated maximum permitted service rates effective July 1, 2026, for residential, commercial, debris box, compactor, disposal, processing, and emergency service categories, as well as an updated monthly franchise payment table extending through the potential full life of the amended term. Together, the amendment and its exhibits are intended to provide a more complete and transparent framework for service delivery, rate administration, and franchise compensation to the City over an extended planning horizon.
ANALYSIS:
The Sixth Amendment contains several interrelated policy and operational changes that are significant for both the City Council and the public. One of the most notable changes is the extension of the agreement term. The amendment revises the term so that it would expire on November 30, 2046, instead of November 30, 2031, while also providing for a possible automatic extension to November 30, 2051. The longer term will provide stability for substantial capital investment in vehicles, equipment, and service systems to support continuity and reliability of service over time, while still preserving the City’s enforcement rights, contractual remedies, and operational oversight.
The amendment requires the contractor to make supplemental mitigation payments to the City. The first payment obligation is a total of $2.5 million, payable in five annual installments of $500,000 beginning July 1, 2026, through July 1, 2030. The second payment obligation is also based on a $2.5 million amount, adjusted for inflation using the CPI-U for the Riverside-San Bernardino-Ontario metropolitan area, and payable in five annual installments beginning July 1, 2041, through July 1, 2045. These payments are intended to assist the City in addressing physical, environmental, and aesthetic impacts associated with long-term solid waste franchise operations, while expressly reserving to the City Council full discretion over how those funds may ultimately be allocated. That language is meaningful because it ensures that the City Council retains policy control over the use of those funds based on community needs as they exist at the time decisions are made.
The proposed amendment also strengthens service expectations in ways that residents are likely to notice directly. It requires comprehensive street sweeping of all residential curb miles at a frequency of no less than once per week, subject to a City-approved route schedule, and requires implementation of that weekly service within eighteen months of the amendment’s effective date. The transition to weekly street sweeping is a City Council 2025-26 Strategic Plan Action Item. If weekly service is not operational within that period to the City’s satisfaction, daily penalties apply until compliance is achieved. The amendment further provides that if a location is missed or inadequately swept, the contractor must investigate promptly and resweep within the required timeframe or face additional penalties. This is intended to improve neighborhood cleanliness, support the appearance and maintenance of residential streets, and provide clearer accountability where service falls short.
To support that accountability, the amendment establishes detailed GPS tracking and verification requirements for street sweeping vehicles. The contractor must equip sweeping vehicles with functional GPS devices that record route timing, location, speed, and interruptions, must provide the City with real-time read-only access to the tracking platform, and must maintain the records for at least two years. The City is also given audit and inspection rights, and the amendment provides that GPS records may serve as the primary evidentiary basis for resolving disputes about whether a particular segment was swept. For the public, these provisions should be reassuring because they reflect a shift toward documented and verifiable service monitoring rather than reliance on informal reporting alone.
18.B.
The amendment also creates a code enforcement program involving automated camera systems on residential recycling vehicles. Under the proposed language, the contractor would allow the City and its authorized vendor to install and operate enforcement systems on those vehicles, and the contractor would be responsible for initial hardware procurement costs up to $191,000. The purpose of the program is to assist in identifying and prosecuting municipal code violations that are visible from the public right-of-way, including illegal dumping, scavenging, prohibited contaminants, and other similar violations. The City would own the data captured by the systems, and the contractor’s responsibility would remain limited to providing the vehicle platform and facilitating operation of the program. These provisions are intended to improve enforcement tools in a practical manner while clearly defining ownership, access, and legal responsibility.
A key operational improvement in the amendment is the establishment of updated fleet standards.
The contractor must maintain enough high-quality vehicles and equipment to perform the required services without interruption, and the amendment imposes, for the first time since original contract approval, both a maximum age for individual vehicles and an average age limit for the City-serving fleet. Specifically, no individual vehicle may exceed fifteen years of age, and the weighted average age of the fleet operating within the City may not exceed seven and one-half years. The contractor must begin procurement of needed upgrades within sixty days, provide a complete fleet list and purchase orders within that same time, and deploy all required new vehicles within thirty-six months.
Annual reporting and cure procedures are also included. These standards are significant because they are intended to promote reliability, reduce service disruptions, and ensure that the fleet used in Hemet remains reasonably modern and capable over the duration of the agreement.
The City Council is also being asked to approve updated maximum permitted service rates effective July 1, 2026. The exhibit includes residential rates, commercial collection rates, special charges, debris box and compactor charges, disposal and processing fees, and emergency labor and equipment rates.
Equally important, the amendment establishes a defined process for future rate adjustments. The initial approved rates would take effect July 1, 2026, and no further rate changes would be authorized until July 1, 2027. Thereafter, annual rate adjustments would be calculated using a weighted formula tied to labor costs, landfill disposal costs, and CPI, subject generally to a two percent minimum and an eight percent maximum adjustment in any single year, with limited carryover of amounts above the cap. The contractor must submit a formal rate application with supporting documentation by April 1 each year, and the City has the right to review and audit the calculations before any approved change may take effect. Extraordinary rate adjustment requests outside the regular process remain possible only under stated circumstances and remain subject to City Council discretion. This framework is intended to provide a more orderly, understandable, and reviewable process for future rate administration.
The amendment addresses residential tax roll billing as an option that may be used. It allows the contractor to request authorization for residential cart collection charges to be collected through the secured property tax rolls of Riverside County, but only if the contractor timely prepares and provides all legally required notices, reports, and parcel data in a form acceptable to the City. The City’s participation is expressly contingent on timely and accurate submittals, and the amendment makes clear that the City does not guarantee collection and does not assume responsibility for inaccurate contractor data. If the required information is not timely or properly provided, the contractor must revert to direct billing at its own expense. This language is intended to protect the City’s administrative interests while making clear to the public that tax roll billing is not automatic and would remain subject to legal and procedural safeguards.
18.B.
Finally, the amendment includes provisions for annexation-related franchise fee discussions and for periodic review of liquidated damages and administrative fine amounts. If new territory is annexed into the City and becomes part of the contractor’s service area, the City may initiate negotiations regarding adjusted franchise payments based on the impacts and revenues associated with that annexation. The amendment also allows the City, beginning on the fifth anniversary of the amendment’s effective date and every five years thereafter, to review and adjust liquidated damages and fine amounts under a structured process requiring Council approval. These provisions help ensure that the agreement remains workable and enforceable as conditions change over time, while preserving the City Council’s central role in future policy decisions.
In sum, the proposed Sixth Amendment is intended to provide long-term service stability while also strengthening City oversight, performance standards, verification tools, fleet requirements, and financial provisions. Although the amendment extends the contract term, it does so alongside new service obligations, updated exhibits, mitigation payments, and clearer enforcement mechanisms.
Staff believes the proposed action represents a practical and balanced approach that protects continuity of essential refuse services, supports cleaner and better-maintained neighborhoods, provides a more transparent framework for future rate administration, and preserves the City’s ability to oversee and enforce the agreement in the public interest.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Approval of the Sixth Amendment is expected to have a positive long-term fiscal impact on the City because it provides a defined franchise payment schedule through updated Exhibit 1-A, with monthly payments increasing over time, and also requires supplemental mitigation payments totaling $2.5 million beginning in 2026, plus a second inflation-adjusted $2.5 million payment series beginning in 2041. The amendment provides significant service enhancements that are primarily the contractor’s responsibility rather than the City’s, which helps protect City resources while improving service standards and accountability.
ATTACHMENT(S):
Attachment 1: Resolution Approving Amendment
Attachment 2: Exhibit A - 2026 Hemet Contract Amendment 6 - FINAL Attachment 3: Exhibit 1.A - City Monthly Payment Table 2026-2051
18.B.
Attachment 4: Exhibit 1 - Hemet Rates Eff 7-1-2026
18.B.
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 THE SIXTH
AMENDMENT TO THE EXCLUSIVE FRANCHISE
AGREEMENT FOR COMPREHENSIVE REFUSE
SERVICES BETWEEN THE CITY OF HEMET AND CR&R
INCORPORATED
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, on October 11, 2011, the City of Hemet (“City”) and CR&R Incorporated (“Contractor”) entered into that certain “Exclusive Franchise Agreement for Comprehensive Refuse Services by and between the City of Hemet and CR&R Incorporated” (“Agreement”), as approved by City Resolution No. 4458; and WHEREAS, the City and Contractor thereafter entered into amendments to the Agreement in 2012, 2013, 2015, 2019, and 2022 (collectively, the “Prior Amendments”); and
WHEREAS, the City Council has been presented with that certain Sixth Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services between the City of Hemet and CR&R Incorporated (“Sixth Amendment”), attached hereto as Exhibit “A” and incorporated herein by this reference; and WHEREAS, the Sixth Amendment, among other things, extends the term of the Agreement from November 30, 2031, to November 30, 2046, subject to a potential automatic extension to November 30, 2051, upon satisfaction of specified conditions set forth therein; and
18.B.
CITY OF HEMET RESOLUTION NO. 2026-XXX 2
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WHEREAS, the Sixth Amendment further updates and incorporates Exhibit 1, setting forth the maximum permitted service rates effective July 1, 2026, and Exhibit 1- A, setting forth the revised schedule of monthly payments to the City; and WHEREAS, the Sixth Amendment also includes provisions concerning supplemental mitigation payments, weekly street sweeping service standards, GPS and service verification requirements, enforcement camera program access on certain collection vehicles, collection fleet age and replacement requirements, annual rate adjustment methodology, residential tax roll billing procedures, annexation-related franchise fee negotiations, and periodic adjustment procedures for liquidated damages and administrative fine amounts; and
WHEREAS, the City Council finds that approval of the Sixth Amendment will help support continuity of refuse and related municipal services, long-term operational planning, franchise administration, service reliability, and protection of the public health, safety, and welfare; and
WHEREAS, the City Council has reviewed the Sixth Amendment and its related exhibits and desires to approve the same and authorize execution thereof on behalf of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.
SECTION 2. Approval of Sixth Amendment.
The City Council hereby approves the Sixth Amendment to the Exclusive Franchise Agreement for Comprehensive Refuse Services between the City of Hemet and CR&R Incorporated, in substantially the form attached hereto as Exhibit “A,”
18.B.
CITY OF HEMET RESOLUTION NO. 2026-XXX 3
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together with the related exhibits incorporated therein, including Exhibit 1 (Service Rates Effective July 1, 2026) and Exhibit 1-A (Franchise Fee Payment Chart / Schedule of Monthly Payments to City).
SECTION 3. Authorization to Execute.
The City Manager is hereby authorized and directed to execute the Sixth Amendment on behalf of the City.
SECTION 4. Non-Substantive Revisions.
The City Manager, in consultation with the City Attorney, is hereby authorized to make or approve such non-substantive corrections, clarifications, revisions, or administrative changes to the Sixth Amendment and any exhibits thereto as may be necessary or appropriate to carry out the intent of this Resolution, so long as such changes do not materially alter the rights, obligations, or financial commitments approved by the City Council.
SECTION 5. Implementation.
The City Manager and all other appropriate City officials are hereby authorized and directed to take such additional actions and execute such ancillary documents as may be necessary to implement the Sixth Amendment and administer the City’s obligations thereunder.
SECTION 6. Effective Date.
This Resolution shall take effect immediately upon its adoption. ///
///
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///
18.B.
CITY OF HEMET RESOLUTION NO. 2026-XXX 4
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PASSED, APPROVED AND ADOPTED this 28th day of April, 2026. ____________________________
Linda Krupa, Mayor
ATTEST:
_____________________________
Elodie Klug, Deputy City Clerk
18.B.
CITY OF HEMET RESOLUTION NO. 2026-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, Elodie Klug, Deputy City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 28th day of April, 2026, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
Elodie Klug, Deputy City Clerk
18.B.
SIXTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT FOR
COMPREHENSIVE REFUSE SERVICES BETWEEN THE CITY OF HEMET AND
CR&R INCORPORATED
This Sixth Amendment to the Franchise Agreement (“Amendment No. 6” or “Sixth Amendment”) is entered into as of __________, 2026, by and between the CITY OF HEMET, a California municipal corporation (“City”), and CR&R INCORPORATED, a California corporation (“Contractor”). The City and Contractor are individually referred to as a “Party” and collectively as the “Parties”.
RECITALS
A. On October 11, 2011, the City and Contractor entered into that certain agreement entitled “Exclusive Franchise Agreement for Comprehensive Refuse Services by and between the City of Hemet and CR&R Incorporated” (“Agreement”), as approved by City Resolution No. 4458.
B. The Parties have previously entered into five amendments to the Agreement, dated 2012 (“First Amendment”), 2013 (“Second Amendment”), 2015 (“Third Amendment”), 2019 (“Fourth Amendment”), and 2022 (“Fifth Amendment”), to address various operational and legislative mandates.
C. The Parties now desire to further amend the Agreement to extend the franchise term to providing the long-term stability necessary for the Contractor to make substantial capital investments in a modernized collection fleet and expanded service capabilities.
D. The City and Contractor have identified the need for supplemental mitigation payments to assist the City in addressing the physical, environmental, and aesthetic impacts associated with long-term solid waste franchise operations.
E. The Parties desire to enhance municipal service standards through the implementation of weekly street sweeping and the integration of AI-assisted technology on collection vehicles to support City code enforcement and public safety efforts.
F. The Parties further desire to update the methodology for annual rate adjustments and refine residential billing procedures to ensure continued service reliability and administrative efficiency.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. AMENDMENT TO TERM OF AGREEMENT. Section 3, Subsection B (Term of Agreement) of the Agreement is hereby amended and restated in its entirety to read as follows:
18.B.
"B. Term of Agreement. The term of this Agreement (“Term”) shall begin on the 1st day of December, 2011 (“Service Commencement Date”) and expire on November 30, 2046 (“Term Expiration Date”), subject to early termination as may occur pursuant to this Agreement." SECTION 2. REVISION OF MONTHLY FRANCHISE PAYMENT SCHEDULE. Section 2, Paragraph E, Subsection 3 (Monthly Payments) of the Agreement is hereby amended to reflect that the “Schedule of Monthly Payments to City” originally set forth in Exhibit 1 shall be amended to include the updated schedule set forth in “Exhibit 1-A (2026-2051)”, which is attached hereto and incorporated herein by this reference. Commencing December 1, 2031, the Contractor shall make monthly franchise payments to the City in the amounts specified in Exhibit 1-A. All other terms regarding the timing and method of monthly payments established in Section 2.E.3 remain in full force and effect.
SECTION 3. AMENDMENT TO NEGOTIATION PERIOD. Section 3, Subsection C (Negotiation Prior to Term Expiration) of the Agreement is hereby amended and restated in its entirety to read as follows:
“C. Negotiation Prior to Term Expiration. Commencing three years prior to the Term Expiration Date (as may be extended pursuant to Section 5.3, and continuing for the following two (2) years ("Exclusive Negotiating Period"), City and Contractor shall meet, confer, and negotiate with each other regarding expiration or extension of the Term, provided the Term has not been earlier terminated or has already been set for early termination, and Contractor is not then in material breach of the Agreement. All terms and conditions of the Agreement shall be open to negotiation, but neither Party shall be obligated to agree to an extension of the Term nor to any modification of the terms and conditions of the Agreement. In the event the Parties have not mutually approved an agreement extending the Term by the end of the Exclusive Negotiating Period, then there shall be no further obligation to meet, confer, or negotiate with regard to such extension, and City shall have the right to conduct any solicitation process, negotiate with any other service providers, or to award or approve a contract to any other service provider or to recommence its own Comprehensive Solid Waste Services commencing after the Term Expiration Date, as it may deem appropriate in its sole and absolute discretion.” SECTION 4. GLOBAL AMENDMENT TO REFERENCES TO TERM AND
EXPIRATION. Except as otherwise explicitly provided in this Sixth Amendment, all references in the Agreement and the Prior Amendments (Amendments No. 1 through No. 5) to the “Term,” the “Term Expiration Date,” or to the specific date of “November 30, 2031,” are hereby modified and amended to refer to the new Term Expiration Date of November 30, 2046. This global amendment is intended to be comprehensive and shall apply to all provisions, sections, subsections, exhibits, and attachments of the Agreement and Prior Amendments, ensuring that the exclusive franchise, rights, duties, and obligations of the Parties are fully extended through the new Term Expiration Date.
SECTION 5. SUPPLEMENTAL MITIGATION PAYMENTS AND AUTOMATIC TERM EXTENSION.
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5.1 First Extension Payment. As of the Effective Date of this Sixth Amendment, the Contractor shall be obligated to pay to the City a one-time supplemental mitigation payment in the total amount of Two Million Five Hundred Thousand Dollars ($2,500,000.00). This amount shall be paid in five (5) equal annual installments of Five Hundred Thousand Dollars ($500,000.00) each.
The first installment shall be due and payable on July 1, 2026, with subsequent installments due on July 1 of each year thereafter through and including July 1, 2030.
5.2 Second Extension Payment. The Contractor shall pay to the City a second supplemental mitigation payment in the base amount of Two Million Five Hundred Thousand Dollars ($2,500,000.00). This base amount shall be adjusted for inflation based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Riverside-San BernardinoOntario, CA metropolitan area, as published by the United States Department of Labor, Bureau of Labor Statistics. The adjustment shall be calculated by multiplying the base amount by the percentage increase, if any, in the CPI-U from the Effective Date of this Sixth Amendment to June 1, 2041. The resulting total adjusted payment shall be paid in five (5) equal installments beginning on July 1, 2041, and on each July 1 thereafter through and including July 1, 2045.
5.3 Automatic Term Extension. Notwithstanding the provisions of Section 1 of this Sixth Amendment, in the event that the Contractor timely pays all five (5) installments of the Second Extension Payment as set forth in Section 4.2 above, the Term of the Agreement shall be automatically extended for an additional five (5) year period, resulting in a new Term Expiration Date of November 30, 2051. This extension shall be self-executing upon the City’s receipt of the final installment on July 1, 2045, provided the Contractor is not then in material breach of the Agreement. Consistent with Section 3.2 of the Second Amendment, this provision shall remain binding upon the parties and their successors
5.4 Purpose of Mitigation. The Parties acknowledge and agree that the Supplemental Mitigation Payments set forth in Section 4 of this Sixth Amendment are intended to assist the City in mitigating the various physical, environmental, and aesthetic effects associated with the longterm operation of the solid waste franchise within the City. Potential mitigation projects may include, but are not limited to, the repair, enhancement, or upgrading of commercial, residential (multifamily), and municipal trash enclosures to ensure they meet current City standards and environmental regulations. Notwithstanding the above, the Parties expressly agree that the City Council shall retain full, absolute, and plenary discretion regarding the ultimate allocation and expenditure of the Supplemental Mitigation Payments. The City Council may authorize the use of these funds for any lawful municipal purpose it deems necessary or appropriate to protect the health, safety, and welfare of the community. The Contractor’s obligation to make the payments set forth in Section 4 is not contingent upon the City’s selection of any specific project or mitigation activity.
SECTION 6. ENFORCEMENT OF EXCLUSIVITY. The following shall be added to the end of Paragraph C of Section 1 of the Agreement:
“City agrees to maintain ordinances and regulations consistent with the grant of exclusivity provided in this Agreement, including an option for the bins of illegal haulers to be impounded.
However, the City shall have the sole and absolute discretion to determine: (i) whether a
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violation of the exclusivity of the franchise has occurred; (ii) whether enforcement action is warranted; and (iii) the timing, nature, and extent of any such enforcement action. Nothing in this Section shall be construed to require the City to initiate any specific civil or criminal litigation, or administrative proceeding, nor shall the City be liable for any damages or lost profits claimed by the Contractor resulting from the activities of third parties. Any enforcement or investigative actions undertaken by the City at the specific request of the Contractor shall be subject to the Contractor’s obligation to indemnify, defend, and reimburse the City for all costs, including staff time and attorney’s fees, incurred in connection with such action. Nothing herein shall preclude Contractor from taking such legal action against third parties as it deems appropriate to protect the exclusive nature of its Franchise rights under this Agreement.” SECTION 7. WEEKLY STREET SWEEPING SERVICES. Subsection 5(a) of Paragraph F of Section 10 of the Agreement is hereby amended and restated in its entirety to read as follows:
(a) Scope of Work.
Contractor shall provide comprehensive street sweeping services. Such services shall be performed on a scheduled route basis, the timing and sequencing of which shall be subject to the prior written approval of the City Manager or their designee to ensure optimal coordination with refuse collection and other municipal operations.
All work shall be performed in a thorough, professional, and workmanlike manner consistent with the highest maintenance standards customarily observed for municipal street sweeping services in Southern California. Contractor shall comply with all applicable federal, state, regional, and local laws, regulations, permits, and standards, including all applicable air quality and stormwater pollution prevention requirements, including SCAQMD Rules 1186 and 1186.1, as each may be amended or superseded.
(b) Sweeping Frequency.
All curb miles of residential streets in the City of Hemet shall be swept by Contractor at a frequency of not less than once per week, or such greater frequency as may be required elsewhere in the Agreement. The weekly service frequency provisions of this Subsection shall be implemented following the Contractor’s acquisition and delivery of the necessary new street sweeping equipment. The Contractor shall provide the City with written verification of the delivery and operational readiness of said equipment no less than fourteen (14) days prior to the commencement of the expanded weekly sweeping schedule. Until the transition to the weekly schedule is fully operational to the satisfaction of the City, the Contractor shall continue to provide street sweeping services at the frequency required under the Agreement prior to the Effective Date of this Sixth Amendment.
Notwithstanding the foregoing, the Contractor shall ensure that the weekly street sweeping program is fully implemented and operational within eighteen (18) months of the Effective Date of this Sixth Amendment. If the weekly service frequency has not commenced to the City’s satisfaction within said eighteen (18) month period, the Contractor shall be subject to an
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administrative financial penalty of Five Hundred Dollars ($500.00) per day for each day thereafter until the weekly service is fully operational. (c) Street Sweeping Equipment.
1. Equipment Quantity Requirements
Contractor shall furnish and maintain sufficient numbers and types of sweepers, backup sweepers, operators, supervisors, and related support equipment necessary to perform all required work without interruption in service.
Contractor shall identify the make, model, year, fuel type, and primary intended use of each sweeper assigned to the Hemet service area prior to procurement or use in Hemet. Regenerative air sweepers shall be used for residential streets unless the City approves alternate equipment.
2. Alternative Fuel Equipment
All equipment used in performance of the work shall comply with SCAQMD Rules and all other applicable air quality requirements. To the extent required by law or by City procurement specifications, Contractor shall use alternative-fuel or otherwise compliant low-emission sweeping equipment and shall provide documentation demonstrating such compliance upon request.
3. Equipment Identification
All sweeping vehicles shall have appropriate safety features and shall be painted or maintained in a professional and uniform condition. Each sweeper shall bear in legible lettering the Contractor’s name.
4. Type and Capacity
Arterial and residential sweepers shall be capable of sweeping a minimum eight (8) foot width in a single pass along the curb, measured from the outside edge of the gutter broom. Street sweepers shall have a minimum hopper capacity of four (4) cubic yards. All sweepers used on routes with medians shall be equipped with right and left gutter brooms.
All sweepers shall have operational directional traffic control devices mounted on the rear of the hopper and an amber or LED safety beacon visible in 360 degrees mounted on the cab or hopper.
Sweeper operators shall wear protective clothing and current ANSI/ISEA high-visibility safety apparel at all times.
5. Maintenance
All equipment shall be maintained in safe, clean, and fully operational condition. Paint and body condition shall be kept in good repair, with no material rust, body damage, or unsafe condition.
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Engines, hydraulic systems, brooms, pickup heads, skirts, water systems, and safety equipment shall be routinely maintained so as to ensure uninterrupted service and full compliance with applicable law.
Each primary or relief sweeper used under this Agreement shall:
A. be a standard full-size motorized street sweeper;
B. be a regenerative air sweeper with dual gutter brooms approved by the City, unless an alternative is approved by the City;
C. be new at the time first assigned to regular service in the City, unless otherwise approved in writing by the City;
D. be maintained in top running condition and arrive clean for each daily schedule; E. not be drained, washed out, or cleaned in any gutter, storm drain, public street, alley, or Cityowned parking lot.
Each sweeper shall also be equipped with:
A. amber/LED warning lights;
B. legally required side, rear, and top lighting for travel; C. hydrant meter or other lawful water source access, as required, with Contractor solely responsible for obtaining and maintaining all required meters, permits, and permissions from the applicable water provider(s);
D. dual side gutter brooms with bristles sufficient to perform the work; E. required roadside emergency equipment;
F. company identification and office telephone number;
G. equipment conforming to current AQMD requirements;
H. adequate water systems for dust control, with all nozzles operational and in use during sweeping operations except where prohibited for safety reasons; I. an automatic vehicle location device or vehicle location management system; J. backup camera ; and
K. automatic shut-off or warning capability sufficient to detect major loss of hydraulic pressure or other critical operating failure.
(d) Global Positioning Equipment and Software
1. GPS Requirement
Contractor shall provide an automatic vehicle location and management system, including GPS equipment on all street sweeping units, including backup, relief, and subcontractor units used to perform work within the City. All such equipment shall be installed and maintained at Contractor’s sole cost.
2. City Access and Software
Contractor shall provide associated, easy-to-use, cloud-based software accessible by standard web browser on desktop, laptop, and mobile devices. The software shall be provided at no cost to the City, including all licensing, hosting, support, and monthly monitoring charges. Contractor
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shall provide access for up to three (3) City users, or such additional number as may be reasonably requested by the City.
3. Required Capabilities
The GPS software shall be capable of demonstrating:
A. real-time location of each sweeper;
B. speed and path of travel;
C. sweeping route playback and historical replay;
D. date- and time-stamped route history;
E. actual miles traveled;
F. actual sweeping activity when brushes are down and service completion; and G. export and printing of daily activity logs and route reports.
The system shall retain historical replay and reporting data for a minimum of one hundred eighty (180) days, and Contractor shall separately retain underlying GPS records and related service verification data for at least two (2) years.
The GPS platform shall include a historical replay function sufficient to allow the City to verify that sweeping occurred on each assigned route segment on the date and time required.
4. Backup Verification
In the event the GPS system is non-operational, Contractor shall use an alternate verification method acceptable to the City, including tachograph data if available, driver route logs, route maps, time-stamped photographs, or other backup records. Such backup documentation shall be submitted with the monthly invoice for each day or portion of a day in which the GPS system was non-operational.
5. Training
Contractor shall provide initial training and annual refresher training for City staff on use of the GPS system and shall provide reasonable technical support upon request.
6. Reporting of GPS Failures; Spares
Contractor shall immediately report any GPS device failure or inoperability to the City’s contract administrator, with a copy to the Public Works Director. If the GPS software platform or monitoring website becomes unavailable, Contractor shall immediately notify the City.
Contractor shall maintain spare, fully compatible GPS units in inventory for immediate deployment. Any failed or inoperable GPS device shall be replaced before the affected sweeper returns to regular route service, and in no event later than five (5) business days, unless the City approves otherwise in writing. Failure to maintain spare units or timely restore GPS functionality shall constitute a performance failure subject to invoice deductions, penalties, or other remedies available under the Agreement.
(e) Street Sweeping Speed.
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During active sweeping operations, meaning when the sweeping mechanism is engaged and the sweeper is performing curbline or route cleaning (“brooms down”), street sweepers shall be operated at an average speed not exceeding six (6) miles per hour, while brooms are down and engaged in sweeping activity, except for brief and incidental acceleration required for traffic safety, turning movements, obstacle avoidance, or movement between active sweep segments.
The City may review GPS data, tachograph data, route logs, or other available documentation to verify compliance with this requirement. If the City determines that the sweeper exceeded the allowable speed during active sweeping operations and that such excessive speed resulted in inadequate service, the City may require corrective action, assess penalties, and/or require resweeping where re-sweeping would provide a meaningful remedy.
If the City, in its reasonable discretion, determines that the passage of time renders re-sweeping ineffective or not meaningful, then re-sweeping shall not be the City’s exclusive remedy, and the City may instead treat the route or route segment as unsatisfactorily performed for purposes of assessment of penalties, corrective action, or other contractual remedies. (f) Equipment Malfunctions.
The equipment operator shall immediately stop operations in the event of any equipment spillage, including but not limited to gasoline, diesel, motor oil, engine coolant, hydraulic oil, or other hazardous material. Contractor shall ensure each operator carries equipment and materials necessary to contain and address spills, excluding absorbent products prohibited by applicable law or policy.
Contractor shall immediately notify the City of any spill, request assistance if needed, and fully clean the affected area within eight (8) hours. If Contractor fails to perform an adequate cleanup by restoring the area so there is no remaining hazard to public health, safety, or the environment, and the site is returned to a condition reasonably acceptable to the City, the City may perform or procure such cleanup. City agrees to notify contractor before procuring alternative clean up services.
On the date of any spill caused by sweeper malfunction, Contractor shall clean and recover the affected area in accordance with applicable environmental requirements. Contractor shall be responsible for all damage caused by such spillage, including damage to streets, gutters, storm drains, public improvements, and private property.
(g) Working Hours.
Sweeping shall be performed during the days and hours approved by the City. Unless otherwise directed by the City in writing residential area sweeping shall occur during daytime weekday hours established by the City. Street sweeping adjacent to schools shall be scheduled to avoid student drop-off and pick-up times to the maximum extent feasible. Contractor shall be responsible for identifying such times and instructing drivers accordingly. (h) Level of Maintenance.
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All work shall be performed in accordance with the highest maintenance standards. Streets shall be swept clean to the extent reasonably achievable through proper municipal street sweeping practices. “Swept clean” means minimal debris residual or tailings, with adequate curbline cleaning and removal of visible debris, sediment, leaves, and litter.
Because of varying street conditions, the City may, in specific areas, require slower travel speeds or alternative methods to achieve satisfactory results. City and contractor agree to meet as needed regarding specific areas of concern in an effort to provide the most efficient and effective street sweeping service. Streets with raised medians shall have curb and gutter perimeters swept, including turn pockets, turnouts, and dead zones. Deposits within intersections shall be removed as part of sweeping operations. Sweepers shall not blow debris onto private property or discharge water or debris from the rear hopper onto the street.
An alternative to hand sweeping for difficult locations may be proposed by Contractor, but no alternative method shall be used without prior City approval.
Contractor shall correct deficiencies within the time specified by the City. Re-sweeps required to correct deficient work shall be performed at no additional cost to the City.
If deficient work is not corrected, the City may assess penalties, and require a written corrective action plan until the deficiency is corrected.
Liquidated Damages. Because dependable, verifiable, and complete sweeping service is essential to the City, the City may impose administrative penalties or liquidated damages for nonperformance or deficient performance, including but not limited to the following:
Incident Penalty
Failure to maintain real-time City dashboard
access for more than 48 hours during
sweeping hours.
50 per day until access is restored
Failure to submit Quarterly GPS Performance
Report by the 15th of the month.
$100 per report, per day late
Failure to timely report GPS malfunction $100 per vehicle, per day of unreported malfunction
Failure to maintain spare GPS units or timely
restore GPS service
$100 per vehicle, per day until restored
Verified falsification or material omission of
GPS Records or Reports
$5,000 per incident; City's right to terminate
for cause preserved
The remedies stated above are cumulative and in addition to any other remedy available under the Agreement.
(i) Records and Schedule
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Contractor shall maintain accurate and complete records relating to the work, including employee and emergency contact information, route schedules, operator assignments, GPS data, maintenance logs, complaint logs, spill reports, and service verification records.
Contractor shall, submit a quarterly performance report to the City Manager or his/her designee, with a copy to the Public Works Director. The quarterly report shall describe work performed, route completion, equipment utilized, service interruptions, complaints received, deficiencies noted, and corrective actions taken.
Contractor shall permit the City to inspect and audit all books and records relating to services provided under the Agreement at any reasonable time.
(j) Water.
Contractor shall be solely responsible for establishing, maintaining, and paying for all hydrant meter accounts, water service fees, permits, deposits, and related charges necessary to obtain water for sweeping operations from the applicable water provider(s) serving the City of Hemet.
Contractor shall comply with all water district rules, permit conditions, and meter requirements. (k) Disposal.
Sweeping debris shall be disposed of at an authorized facility that is legally allowed to accept street sweeping debris. Unless expressly stated otherwise in the Agreement, Contractor shall be responsible for transport, handling, and lawful disposal of all debris collected in the course of performance.
(l) Emergency Services.
Contractor shall provide the City with the names and telephone numbers of at least two (2) qualified persons authorized to respond to emergency maintenance conditions during hours when Contractor’s normal workforce is not present. Contractor’s emergency representative shall respond within sixty (60) minutes after receiving notification from the City. (m) Contractor’s Office.
Contractor shall maintain an office capable of responding to the City within one (1) hour and shall maintain telephone service during normal working hours. During all other times, Contractor shall maintain an answering service or similar system capable of contacting Contractor personnel by mobile phone or radio. Contractor shall have a maximum response time of sixty (60) minutes for emergencies.
(n) Supervision of Contract.
All work shall be subject to the approval of the City of Hemet Public Works Department. There shall be at least one quarterly meeting between Contractor and City representatives, unless the City waives such meeting. Contractor shall provide written status reports as requested by the
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City regarding work performed, deficiencies, complaints, maintenance issues, route obstructions, and operational concerns.
Any specific problem area not meeting the requirements of this Scope shall be brought to Contractor’s attention.
(o) Intentionally Omitted.
(p) Permits/Licenses/Compliance.
Contractor represents and warrants that it has and shall maintain throughout the term of the Agreement all licenses, permits, registrations, qualifications, and approvals legally required to perform the work. Contractor shall comply with all AQMD, DMV, CAL-OSHA, stormwater, hazardous materials, labor, and other applicable requirements. Evidence of such compliance shall be furnished upon request.
(q) Workmanship/Supervisions.
Contractor shall provide sufficient qualified personnel and equipment to complete the work as required herein. All operators shall be competent and experienced and shall possess the appropriate class of driver’s license and other qualifications required for the equipment operated.
Contractor shall designate a skilled and competent supervisor responsible for compliance with the specifications and for communication with the City. Supervisors and operators shall be able to communicate effectively in English, both orally and in writing, to the extent necessary to safely and properly perform the work and respond to City direction.
All personnel shall be neat in appearance and shall wear Contractor provided uniforms. Any Contractor employee found unsatisfactory by the City for reasonable cause shall be removed from the assignment or otherwise addressed by Contractor. (r) Complaint Resolution.
Contractor shall maintain good public relations and conduct the work so as to cause the least practicable inconvenience to the public. Contractor shall be responsible for protecting public and private property and parked vehicles from damage during performance of the work.
Contractor shall promptly investigate and resolve all complaints from the public or City staff and shall maintain a log of complaints and resolutions. Such log shall be provided to the City upon request and summarized in the monthly report.
(s) Vehicles/Equipment.
All vehicles and equipment used in connection with the work shall be maintained in neat, clean, safe, and orderly condition and in good working order. The City may reject any vehicle or equipment that is unsafe, noncompliant, or unsuitable and may order it removed from service.
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All vehicles and equipment shall comply with current federal, state, regional, and local regulations, including AQMD requirements.
(t) Safety.
All work shall be performed in a manner providing maximum safety to the public and to Contractor personnel and in compliance with all applicable CAL-OSHA and other safety standards. The City may issue stop-work, restraint, or cease-and-desist directives where unsafe practices are observed.
Contractor shall maintain all service areas free of hazards created by its operations and shall immediately report to the City any hazardous condition discovered that is not caused by Contractor.
(u) Liability.
Contractor shall be fully responsible for any and all damage to City property, public improvements, private property, vehicles, landscaping, utilities, or other property caused by Contractor’s operations under the Agreement.
Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards, commissions, officers, employees, and agents from and against any and all claims, demands, damages, losses, liabilities, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to Contractor’s performance of the work, except to the extent caused by the sole negligence or willful misconduct of the City.
(v) Advertising.
No advertising of any kind shall appear on equipment used in the performance of the work except Contractor identification and legally required notices, unless otherwise approved in writing by the City.
(w) Data Privacy and Ownership.
All GPS Records generated in connection with services performed under this Agreement shall be deemed data owned by the Contractor. Contractor shall not use, sell, license, or otherwise transfer GPS Records or derived data to any third party without the prior written consent of the City. Contractor shall provide the City with reasonable access to the GPS Records upon request. (x) Initial Implementation Deadline. Contractor shall have all street sweeping vehicles equipped with GPS devices meeting the requirements of this Section, and shall have provided the City with real-time dashboard access, eighteen (18) months following the Effective Date of this Sixth Amendment, or upon commencement of weekly sweeping operations pursuant to this Section 7, whichever is earlier.
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SECTION 8. CODE ENFORCEMENT AND PUBLIC SAFETY ASSISTANCE PROGRAM. A new Paragraph “I” is added to Section 12 of the Agreement to read as follows:
“I. Camera Enforcement Program.
1. Grant of Access, Installation, and Cost Responsibility. Contractor hereby grants City, and its authorized third-party vendor, the right to install, maintain, and operate automated camera systems and related hardware (“Enforcement Systems”) on all of Contractor’s residential recycling collection vehicles. Contractor shall be solely responsible for the initial purchase and procurement of hardware up to a maximum of one hundred ninety-one thousand dollars ($191,000). Contractor shall provide City and its vendor reasonable and timely access to its vehicles for installation, repair, and maintenance to ensure the continuous operation of the program.
In the event the City elects to materially upgrade, replace, or modify the Enforcement Systems (including the acquisition of newer technology or different hardware/software platforms), or the vendor requires significant software upgrades to their camera systems, the Parties agree to meet and negotiate in good faith regarding the payment terms and cost-sharing arrangements for such upgrades prior to their implementation. Contractor’s obligation to provide the vehicle platform and facilitate the operation of the program shall remain in effect throughout the Term, regardless of the specific technology utilized.
2. Purpose and Scope of Enforcement. The Enforcement Systems are intended to assist the City in the identification and prosecution of violations of the Hemet Municipal Code, state law, and other local regulations. This includes, but is not limited to: (i) illegal dumping; (ii) scavenging; (iii) prohibited container contaminants; and (iv) all other municipal code violations visible from the public right-of-way, such as illegal parking or public nuisances.
3. Data Ownership and Maintenance. City shall be the sole and exclusive owner of all data, video, and images captured by the Enforcement Systems. Contractor shall take reasonable precautions to ensure that its employees or agents do not tamper with, obstruct, or damage the Enforcement Systems. Contractor shall immediately notify the City’s Code Enforcement Department or the City Manager’s designee if any component of the Enforcement Systems appears to be non-functional or damaged.
4. Limitation of Contractor Responsibility. The Parties acknowledge that Contractor’s role in this program is limited to providing the vehicle platform and facilitating operation of the program.
Contractor shall have no responsibility for reviewing data, determining the existence of a violation, or participating in subsequent enforcement or legal proceedings, unless otherwise required by law or a separate agreement.
5. City Defense and Indemnification. In consideration for Contractor’s cooperation with this program, the City agrees to defend, indemnify, and hold harmless Contractor, its officers, and employees from and against any and all third-party claims, damages, or liabilities (including reasonable attorney’s fees) to the extent they arise from the operation of the Enforcement
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Systems or the City’s use of the data captured therefrom. This indemnity shall not apply to any claims arising from the negligence or willful misconduct of the Contractor or its employees.” SECTION 9. COLLECTION EQUIPMENT AND FLEET AGE STANDARDS. Paragraph A of Section 13 (Collection Equipment) of the Agreement is hereby amended and restated in its entirety to read as follows:
“A. Vehicle Standards and Age Requirements.
1. Warranty of Adequacy. Contractor warrants that it shall at all times maintain and provide an adequate number of high-quality vehicles and equipment to perform all sweeping, collection, transportation, recycling, and disposal services required under this Agreement without interruption. All vehicles shall be maintained in a clean and safe condition and shall comply with the branding and identification requirements set forth in this Section.
2. Maximum and Average Age. To ensure service reliability and minimize environmental impacts, the following age standards shall apply to the Contractor's fleet dedicated to City service: (i) No individual vehicle used in the performance of this Agreement shall exceed fifteen (15) years of age; and (ii) The weighted average age of the entire fleet operating within the City shall not exceed seven and one-half (7.5) years at any time during the Term.
3. Procurement and Replacement Schedule. Contractor shall commence the formal procurement process for all necessary fleet upgrades within sixty (60) days of the Effective Date of this Sixth Amendment. Within said sixty (60) day period, Contractor shall submit to the City Manager or their designee: (i) A comprehensive list of all vehicles currently dedicated to City service, including the make, model, year of manufacture, and vehicle identification number (VIN) for each; and (ii) Executed Purchase Orders for all new vehicles required to achieve compliance with the age standards set forth in this Section.
4. Implementation Deadline. Contractor shall complete the acquisition, delivery, and deployment of all required new vehicles within thirty-six (36) months of the Effective Date of this Sixth Amendment. Timely procurement is of the essence. Failure to provide the required Purchase Orders to the City within the initial sixty (60) day period shall result in a daily administrative penalty of Two Thousand Five Hundred Dollars ($2,500.00) per day. In the event the Contractor fails to provide the required Purchase Orders within one hundred eighty (180) days of the Effective Date, the daily administrative penalty shall automatically increase to Five Thousand Dollars ($5,000.00) per day for each day thereafter until such documentation is received and verified by the City.
5. Annual Reporting. On or before each July 1st of the Term, after the new vehicles have been placed into service, Contractor shall submit an updated fleet list to the City demonstrating continued compliance with the maximum and average age requirements. The City reserves the right to inspect the Contractor’s vehicles and maintenance records at any time upon reasonable notice to verify the accuracy of the fleet report. In the event that the City determines, whether through a review of the annual report or through an independent inspection, that the fleet is out of compliance with either the maximum vehicle age or the average fleet age requirements, the
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City shall issue a written Notice of Non-Compliance to the Contractor. The Contractor shall have sixty (60) calendar days following receipt of such notice to bring the fleet into full compliance (the “Cure Period”). If the Contractor fails to achieve full compliance with the age standards by the expiration of the Cure Period, the Contractor shall be subject to an administrative financial penalty of Five Hundred Dollars ($500.00) per day for each day the fleet remains out of compliance. The City Manager may, in their reasonable discretion, extend the Cure Period if the Contractor provides documented evidence that the non-compliance is due to equipment delivery delays or other factors beyond the Contractor’s reasonable control, provided the Contractor has demonstrated due diligence in its procurement efforts.
6. Compliance with State Mandates. The Parties acknowledge that the California Air Resources Board (CARB) and other State agencies may implement new regulations during the Term regarding zero-emission vehicles (ZEV) or near-zero-emission requirements. Contractor shall remain solely responsible for ensuring the fleet complies with all applicable State and Federal laws. In the event of new legislative mandates that materially impact fleet requirements, the Parties agree to meet and confer in good faith to discuss any necessary adjustments to the fleet plan, provided that the City shall not be responsible for any costs associated with the Contractor's basic duty to comply with the law.”
SECTION 10. RATES FOR SERVICE. Paragraph A of Section 20 (Rates for Service) of the Agreement is hereby amended and restated in its entirety to read as follows:
A. Service Rates and Adjustments. The Contractor shall not charge any service recipient a rate, fee, or penalty that exceeds the Maximum Permitted Service Rates set forth in the updated Exhibit 1 attached to this Sixth Amendment. Starting July 1, 2027, and on each July 1 thereafter for the remainder of the Term, these maximum rates shall be subject to an annual adjustment calculated using a weighted formula based on three distinct cost categories. The Labor category, representing eighteen and one-half percent (18.5%) of the total weighting, shall be adjusted by the percentage change in the highest level rate for the “Driver B” Classification as established under the agreement between local haulers and Teamsters Local Union 396, provided that any annual increase for this category is strictly capped up to a maximum of fifteen percent (15.0%).
The Landfill Disposal category, representing twenty-five and three-tenths percent (25.3%) of the weighting, shall be adjusted based on the actual percentage change in the landfill gate fee per ton at the Riverside County Landfill System. The All Other Costs category, representing fifty-six and two-tenths percent (56.2%) of the weighting, shall be adjusted by the annual percentage change in the Consumer Price Index (CPI-U) for all urban consumers in the Riverside-San Bernardino-Ontario metropolitan area. For debris box and compactor collection services, the annual adjustment shall be limited exclusively to the percentage change in the regional CPI.
Notwithstanding the results of the weighted formula calculation described herein, and except as provided in Section C below, the final overall annual adjustment to the Maximum Permitted Service Rates shall in no event be less than two percent (2.0%) or more than eight percent (8.0%) in any single year. In the event the weighted formula calculation (inclusive of any prior year carryover) results in an adjustment exceeding eight percent (8.0%), the portion of the adjustment in excess of eight percent (8.0%) shall be carried forward and added to the adjustment calculated for the following fiscal year. This carryover process shall continue in subsequent years as
18.B.
necessary, provided that the total adjustment applied to the Maximum Permitted Service Rates in any single year shall never exceed the maximum annual cap of eight percent (8.0%).
1. Rate Adjustment Process. To determine the adjusted rates, the Contractor must calculate the percentage change for each index, multiply those changes by their respective weightings to derive the total Inflation Adjustment Percentage, and apply that percentage to the existing rates.
No later than April 1 of each year, the Contractor shall submit a formal rate application to the City that includes the detailed adjustment calculations, verifiable evidence supporting changes in labor rates and disposal fees, and an updated rate schedule in a format acceptable to the City. The City shall have thirty (30) days to review the submission and reserves the right to audit the Contractor’s data to verify compliance. If the City disagrees with the calculations, the Parties shall meet and confer to resolve the discrepancy, but no rate adjustment shall be implemented until the City has verified the accuracy of the proposed new rates. The City Manager or their designee shall have the authority to review and provide written approval of the annual rate adjustment. The City shall not unreasonably deny a properly calculated adjustment, which, if approved by the City Manager, shall take effect on July 1.
2. Extraordinary Rate Adjustments. In the event of extraordinary circumstances that significantly impact the economic operation of the franchise, either Party may request a special rate review outside of the standard annual process. Such circumstances may include, but are not limited to, significant changes in applicable law, shifts in service requirements mandated by the City, or unexpected changes in the costs of processing and disposal facilities. The Contractor must submit any such request in writing at least three (3) months prior to the proposed effective date, and the City Council shall retain the sole and absolute discretion to determine whether an adjustment is warranted. The Contractor shall bear the burden of proving to the City Council that the extraordinary event has created a material financial hardship that cannot be addressed through operational efficiencies. Any disputes regarding a City Council denial of an extraordinary adjustment or the computation of annual fees shall be resolved through the dispute resolution procedures established in Sections 27 and 28 of the Agreement.
3. Approval of Initial Rates. The City hereby approves the Maximum Permitted Service Rates set forth in Exhibit X, which shall become effective on July 1, 2026. The Parties expressly agree that no further rate changes, adjustments, or modifications of any kind shall be authorized or implemented following the Effective Date of this Sixth Amendment until July 1, 2027. This moratorium ensures rate stability for City residents and businesses during the initial implementation phase of the Sixth Amendment.
SECTION 11. RESIDENTIAL TAX ROLL BILLING PROCEDURES. A new Paragraph “K” is hereby added to Section 20 (Customer Rates and Billing Procedures) of the Agreement to read as follows:
“K. Residential Tax Roll Billing. At the Contractor’s sole option, the City may authorize the collection of charges for Residential Cart Collection Service via the secured property tax rolls of the County of Riverside pursuant to the procedures set forth in Health and Safety Code Section 5473 et seq. The Contractor shall notify the City Manager in writing no later than April 1 of each year whether it intends to utilize this billing method for the upcoming tax year. Should the
18.B.
Contractor exercise this option, it shall bear the exclusive responsibility and cost for preparing all necessary information, reports, and notices required by law, including the detailed report of charges for each parcel required by Section 5473 and the individual notices to property owners required by Section 5473.1. All such materials must be submitted to the City in a complete, accurate, and final format acceptable to the City Attorney and the City’s Finance Director no later than June 1 of each year.
The City’s obligation to facilitate this process is strictly contingent upon the Contractor’s timely delivery of all required documentation. Provided the Contractor meets these deadlines, the City shall adopt the necessary ordinances, hold the required public hearings, and make the requisite filings with the County Auditor-Controller to effectuate the collection. The City shall remit to the Contractor those amounts actually collected and received from the County, less the applicable Franchise Fees and any reasonable administrative costs incurred by the City or fees charged by the County in processing the assessments. Such remittances shall be made twice per year within thirty days of the City’s receipt of funds from the County and shall be accompanied by an accounting of the properties for which payment was received.
The Contractor expressly acknowledges that the City does not guarantee the collection of any funds via the tax roll and shall have no obligation to initiate foreclosure proceedings or other legal actions to recover unpaid assessments. Furthermore, the Contractor shall defend, indemnify, and hold the City harmless from any claims, protests, or legal challenges arising from the placement of these charges on the tax roll, including challenges to the accuracy of the Contractor’s billing data or the validity of the assessment under the California Constitution.
Notwithstanding the foregoing, this indemnity shall not extend to any portion of the rates that is not associated with Contractor’s costs in providing service, such as governmental reimbursements or charges, nor shall it apply to any loss arising from the negligence or willful misconduct of the City, its officers, and employees. The Contractor shall work collaboratively with City staff to ensure the billing data is fully compliant with all applicable laws and meets the County’s submission deadline of June 30 each year. Any failure by the Contractor to provide accurate or timely information that results in the City’s inability to meet County deadlines shall result in the forfeiture of the tax roll billing option for that year, and the Contractor shall revert to direct billing of its customers at its own expense.
SECTION 12. FRANCHISE FEE ADJUSTMENTS UPON ANNEXATION. The Parties acknowledge that Section 1, Subsection J of the Agreement provides for the automatic addition of annexed territory to the Contractor’s exclusive Service Area. The following provisions are hereby added to the Agreement:
12.1 Requirement to Negotiate. In the event the City annexes territory that is added to the Service Area pursuant to Section 1.J, the City shall have the right, in its sole discretion, to initiate a formal meet-and-confer process to negotiate an upward adjustment to the Franchise Payments set forth in Section 2 of the Agreement. The City shall trigger this negotiation by providing written notice to the Contractor within ninety (90) days of the effective date of the annexation.
12.2 Basis for Adjustment. Any negotiated adjustment to the franchise fee shall consider: (i) the number and type of new Service Units added to the Service Area; (ii) the projected increase in
18.B.
gross receipts to the Contractor from the annexed territory; (iii) the increased impact on City streets and rights-of-way; and (iv) any administrative costs incurred by the City in extending regulatory oversight to the new area.
12.3 Good Faith Commitment. Upon receipt of the City’s notice, the Parties shall meet and negotiate in good faith for a period of no less than sixty (60) days to reach an agreement on a supplemental franchise payment or a revised annual installment schedule. If the Parties are unable to reach a mutual agreement within this period, the dispute shall be resolved in accordance with the procedures established in Sections 27 and 28 of the Agreement. Until such time as an adjustment is finalized, the Contractor shall continue to make all currently required payments and shall, at a minimum, pay a pro-rata portion of any variable franchise fees based on the increased gross receipts generated from the annexed territory.
SECTION 13. NEW SUBSECTION 29.F
The following Section 29, Subsection F, is added to the Agreement:
“F. Periodic Adjustment of Liquidated Damages and Administrative Fine Amounts.
The Parties acknowledge that the liquidated damages and administrative fine amounts set forth in this Agreement, including those identified in Section 29 and any Exhibit thereto (“Liquidated Damages Schedule”), are established as fair and reasonable estimates of the City's damages as of the Effective Date of the Sixth Amendment. In order to preserve the deterrent effect and compensatory purpose of such amounts over the duration of the Agreement, the Liquidated Damages Schedule shall be subject to periodic review and adjustment in accordance with the following procedure:
1. Adjustment Dates. The first adjustment shall occur on the fifth (5th) anniversary of the Effective Date of the Sixth Amendment (the "First Adjustment Date"), and shall recur on each fifth (5th) anniversary thereafter throughout the remaining Term of the Agreement (each, an "Adjustment Date").
2. Baseline Adjustment and Minimum Increase. On each Adjustment Date, each liquidated damages and administrative fine amount then in effect shall be increased by a minimum of five percent (5%) above the amount in effect immediately prior to such Adjustment Date (the "Baseline Adjustment"), unless a greater adjustment is warranted pursuant to Section 29.F.3 below.
3. CPI-Based Adjustment. In lieu of, or in excess of, the Baseline Adjustment described in Section 29.F.2, the City may elect to adjust the Liquidated Damages Schedule amounts based on changes in the Consumer Price Index for All Urban Consumers, Riverside-San BernardinoOntario Area (CPI-U), as published by the United States Bureau of Labor Statistics (or the most closely comparable successor index if such index is discontinued). The CPI-based adjustment shall be calculated as follows:
18.B.
(a) The adjustment factor shall equal the percentage change in the CPI-U between the calendar year ending immediately prior to the prior Adjustment Date (or, for the First Adjustment Date, the calendar year in which the Sixth Amendment becomes effective) and the calendar year ending immediately prior to the then-current Adjustment Date. (b) Each adjusted amount shall be rounded to the nearest one dollar ($1.00). (c) In no event shall any adjusted amount be less than the amount produced by the Baseline Adjustment set forth in Section 29.F.2, nor shall any single five-year adjustment exceed ten percent (10%) of the amount in effect immediately prior to such Adjustment Date.
4. Notice and Proposed Schedule. No later than one hundred eighty (180) days prior to each Adjustment Date, the City Manager, or the City Manager's designee, shall prepare and transmit to the Contractor a written notice identifying: (i) the proposed adjusted amounts for each line item in the Liquidated Damages Schedule; (ii) the index, data source, and calculation methodology used to determine each proposed adjustment; and (iii) the proposed effective date of the adjustment.
5. Contractor Review and Comment. Within forty-five (45) days of receipt of the City's notice described in Section 29.F.4, Contractor may submit written comments or objections to the City regarding the proposed adjusted amounts. Such comments shall be limited to: (i) arithmetical errors in the City's calculations; (ii) use of an incorrect index period or data source; or (iii) proposed amounts that exceed the cap set forth in Section 29.F.3(c). The City Manager shall review and respond in writing to any timely submitted comments within thirty (30) days of receipt.
6. City Council Adoption. Following the conclusion of the Contractor comment period described in Section 29.F.5, and no later than sixty (60) days prior to the applicable Adjustment Date, the City Manager shall present the proposed adjusted Liquidated Damages Schedule to the City Council for approval. The City Council shall have sole discretion to approve the proposed schedule as submitted, approve a modified schedule consistent with this Section 29.F, or defer the adjustment. No adjustment shall become effective without City Council approval by resolution. The City shall provide Contractor with written notice of the Council's final action within ten (10) business days of adoption.
7. Effect of Adjusted Amounts. Adjusted liquidated damages and fine amounts shall apply prospectively only, to violations occurring on or after the applicable Adjustment Date. No adjusted amount shall be applied retroactively to any violation, notice of assessment, or pending dispute arising prior to the Adjustment Date.
8. Administrative Fine Amounts in the Sixth Amendment. For the avoidance of doubt, the administrative financial penalties set forth in the Sixth Amendment (including those established in Sections 7, 8, and 9 thereof) shall be incorporated into and treated as part of the Liquidated Damages Schedule for purposes of this Section 29.F, and shall be subject to adjustment on the same schedule and under the same procedures set forth herein.
18.B.
9. Updated Exhibit. Following each City Council-approved adjustment, the City shall issue a restated Liquidated Damages Schedule as a replacement exhibit to this Agreement. The Contractor's failure to object within the timeframe set forth in Section 29.F.5 shall not constitute a waiver of any rights not related to the adjustment process itself.
SECTION 14. GENERAL PROVISIONS.
14.1 Remainder of Agreement Unchanged. The Parties acknowledge that the original Agreement dated October 11, 2011 , has been previously modified by the First Amendment (2012), the Second Amendment (2013) , the Third Amendment (2015) , the Fourth Amendment (2019) , and the Fifth Amendment (2022) (collectively, the “Prior Amendments”) . Except as specifically modified, amended, or supplemented by this Sixth Amendment, the Agreement and all Prior Amendments remain in full force and effect and continue to be legally binding upon the Parties.
14.2 Conflict of Provisions. In the event of any direct conflict or inconsistency between the terms of this Sixth Amendment and the terms of the original Agreement or any of the Prior Amendments, the terms and conditions of this Sixth Amendment shall control and prevail.
14.3 Integration. This Sixth Amendment contains the entire understanding and agreement of the Parties regarding the specific transactions and modifications discussed herein. It supersedes all prior and contemporaneous negotiations, representations, or agreements, whether written or oral, regarding these specific subjects.
14.4 Effective Date. This Sixth Amendment shall become effective on the date it has been formally approved by the City Council of the City of Hemet and duly executed by the authorized representatives of both the City and the Contractor.
14.5 Applicable Law and Venue. This Sixth Amendment shall be governed by, and construed in accordance with, the laws of the State of California. Any legal action, arbitration, or other proceeding arising out of or relating to this Sixth Amendment shall be brought exclusively in the Riverside County Superior Court or the United States District Court for the Central District of California, Eastern Division.
14.6 References and Defined Terms. All references to the “Agreement” in any contract document shall hereafter be deemed to include the original Agreement as modified by the Prior Amendments and this Sixth Amendment. All capitalized terms used in this Sixth Amendment shall have the same meaning as defined in the Agreement unless a contrary meaning is explicitly provided herein.
14.7 Counterparts and Electronic Signatures. This Sixth Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties agree that signatures delivered by DocuSign or other electronic means shall be treated as original signatures for all purposes.
14.8 Authority to Execute. Each individual executing this Sixth Amendment on behalf of a Party represents and warrants that they have been fully authorized by their respective organization to
18.B.
execute this document and that such execution creates a valid and legally binding obligation upon that Party.
This portion of page left intentionally blank
IN WITNESS WHEREOF, the parties hereto have executed this SIXTH Amendment to the Agreement on the date and year first written above.
City: The City of Hemet
By: ______________________________
Mark Prestwich
City Manager
Date: ____________________________
Attest:
By: ______________________________
Hemet City Clerk
Date: ____________________________
Approved as to Form:
By: ______________________________
Steven G. Pacifico
City Attorney
18.B.
Contractor: CR&R Incorporated
By: ______________________________
Clifford Ronnenberg
Chairman and CEO
Date: _____________________________
By: ______________________________
David Ronnenberg
COO and Secretary
Date: ____________________________
Exhibit 1: Service Rates Effective July 1, 2026
Exhibit 1-A: Franchise Fee Payment Chart
18.B.
Exhibit 1-A
Schedule of Monthly Payments to City
Agreement Year Payment Due Date Monthly Payment
1 December 1, 2025 - November 30, 2026 $295,730
2 December 1, 2026 - November 30, 2027 $302,384
3 December 1, 2027 - November 30, 2028 $309,188
4 December 1, 2028 - November 30, 2029 $316,144
5 December 1, 2029 - November 30, 2030 $323,258
6 December 1, 2030 - November 30, 2031 $330,531
7 December 1, 2031 - November 30, 2032 $337,968
8 December 1, 2032 - November 30, 2033 $345,572
9 December 1, 2033 - November 30, 2034 $353,347
10 December 1, 2034 - November 30, 2035 $361,298
11 December 1, 2035 - November 30, 2036 $369,427
12 December 1, 2036 - November 30, 2037 $377,739
13 December 1, 2037 - November 30, 2038 $386,238
14 December 1, 2038 - November 30, 2039 $394,929
15 December 1, 2039 - November 30, 2040 $403,814
16 December 1, 2040 - November 30, 2041 $412,900
17 December 1, 2041 - November 30, 2042 $422,190
18 December 1, 2042 - November 30, 2043 $431,690
19 December 1, 2043 - November 30, 2044 $441,403
20 December 1, 2044 - November 30, 2045 $451,334
21 December 1, 2045 - November 30, 2046 $461,489
22 December 1, 2046 - November 30, 2047 $471,873
23 December 1, 2047 - November 30, 2048 $482,490
24 December 1, 2048 - November 30, 2049 $493,346
25 December 1, 2049 - November 30, 2050 $504,446
26 December 1, 2050 - November 30, 2051 $515,796
18.B.
64 Gallon 96 Gallon
$31.43 $36.48
$38.05 $43.20
$10.00 $12.00
$9.00 $11.00
$10.00 $12.00
$21.36 $28.83
64 Gallon 96 Gallon
$24.70 $28.91
$31.43 $36.49
1x wk 2x wk
$15.00 NA
$195.00 $390.00
Manure Services
64 Gallon Cart
2 YD Commercial Bin
Backyard Collection for Physical Disability No Cost
Residential Cart Removal Due to Non Payment $73.51
Residential Cart Replacement Due to Non Payment $73.51
Tax Roll Admin Fee $63.73
Additional Cart Exchange / Cart Recplacement $23.12
Freon Removal Fee $89.88
Residential Service Initiation and Cart Delivery Fee $38.58 Special Charges - Residential
Extra on-call Bulky Waste pick-up $40.88
one four foot box for fluorescent tubes (one box holds eight fluorescent tubes). Customers may order as many boxes as they would like. $80.05
Sharps Mail Back Program - Syringes and needles $178.84 *Rates subject to change with prior City approval
Household Hazardous Waste Collection*
Electronic Waste - TV's, Computers, Cell Phones, Land Line Phones, printers, toasters, irons, VCR's, DVD's, CD Players, stereos and other similar electronic devices. Quantity: Up to five items per household per calendar year.
No cost
Automotive Items - Clean/Non Contaminated Antifreeze, Clean/Non Contaminated Motor Oil, Automotive Oil Filters Quantity: Up to two gallons of Antifreeze and/or Motor Oil per Household per month. Up to two Oil Filters per Household per month. $187.85
Universal Waste - Common Household Batteries (AA, AAA, C, D, Cell and Button Batteries) and Fluorescent tubes and bulbs. Containers: One 6"x6" box for Batteries; one 6"x6" box for Compact Fluorescent Bulbs (CFL's);
$71.86
Weekly Solid Waste Cart and Weekly Green Waste Cart per Space (two carts per occupied space) and Shared Recyclables Carts or Bins
Extra organic food waste pail $9.63
Subscription Backyard Collection
Additional Solid Waste Cart - Curbside (each additional) Additonal green waste (each additional)
Additional Solid Waste Cart - Subscription Backyard Collection Mobile Home Park Solid Waste Collection - (monthly rates per occupied space) Weekly Solid Waste Cart per Space (one cart per occupied space) and Shared Recylables and Organics Carts or Bins
Additional Recycle Cart - Curbside (each additional)
City of Hemet
Effective July 1, 2026
Exhibit [1]
RESIDENTIAL CART COLLECTION SERVICE
Standard Residential Collection Rates (monthly rates):
Standard Curbside Collection
18.B.
City of Hemet
Effective July 1, 2026
Exhibit [1]
1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
65 gallon cart $68.25 $136.37 $204.57 $272.76 $340.94 N/A 96 gallon cart $81.13 $162.16 $243.29 $324.34 $405.48 N/A 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
2 CY Bin $192.59 $341.57 $490.46 $639.46 $788.53 $937.41 2 CY Bin (Locking) $228.75 $377.74 $526.62 $675.63 $824.65 $973.53 3 CY Bin $279.18 $486.61 $693.94 $885.04 $1,108.70 $1,316.17 3 CY Bin (Locking) $315.32 $522.76 $730.10 $921.15 $1,144.84 $1,352.27 4 CY Bin $349.51 $605.13 $860.70 $1,116.30 $1,371.81 $1,627.34 4 CY Bin (Locking) $385.68 $641.28 $896.85 $1,152.44 $1,407.92 $1,663.49 6 CY Bin $521.43 $936.34 $1,351.02 $1,765.96 $2,180.61 $2,595.45 6 CY Bin (Locking) $557.61 $972.46 $1,387.15 $1,802.11 $2,216.81 $2,631.58 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
2 CY Bin $399.23 $754.64 $1,110.18 $1,465.66 $1,821.21 $2,176.58 3 CY Bin $589.33 $1,106.37 $1,623.69 $2,140.96 $2,658.21 $3,175.50 4 CY Bin $684.81 $1,275.39 $1,866.07 $2,458.00 $3,047.30 $3,637.91 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
65 gallon cart $58.74 $117.43 $176.18 $234.89 $293.61 $352.32 96 gallon cart $75.13 $150.21 $225.36 $300.44 $375.58 $450.70 2 CY Bin $163.71 $290.31 $416.90 $543.52 $670.26 $982.34 3 CY Bin $237.27 $413.62 $589.82 $766.06 $942.39 $1,423.73 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
65 gallon cart $95.26 $190.50 $285.76 $381.03 $476.28 $571.53 2 CY Bin $397.92 $752.17 $1,106.36 $1,460.66 $1,814.99 $2,169.21 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
2 CY Bin $134.81 $239.11 $343.32 $447.62 $551.98 $656.20 3 CY Bin $195.41 $340.62 $485.76 $619.53 $776.10 $921.33 4 CY Bin $244.66 $423.59 $602.49 $781.42 $960.27 $1,139.17 6 CY Bin $365.01 $655.43 $945.71 $1,236.16 $1,526.45 $1,816.81 Bundled Commercial Compliance Rates
1/Week 2/Week 3/Week 4/Week 5/Week 6/Week
3 YD COMM BIN, 60G COMM'L
RECYC, 60G FOODWASTE $407.84 $743.91 $1,079.88 $1,399.63 $1,751.95 $2,088.08 Cart and Bin Service Frequency
Commercial Recycling Service
Bin Service Frequency
Bin Service Frequency
Bin service - Compactors Only Frequency
Commercial Green Waste Collection and Processing
Cart and Bin Service Frequency
Commercial Food Waste Collection and Processing
COMMERCIAL COLLECTION SERVICE
Cart Service
(Refuse & Recycle Only)
Frequency
Bin Service
Non Compactors
Frequency
18.B.
City of Hemet
Effective July 1, 2026
Exhibit [1]
$24.50
$40.88 Per bin including delivery
$24.50
$40.88
$45.74
$73.51
$81.70
$81.70
$81.70
$32.67 Per bin per month
$40.88
$73.51 Per bin per month
$65.62 Per occurrence
$65.37 Per occurrence
$122.56 Per request
$122.56 Per request
$18.12 65 Gallon cart
$21.55 96 Gallon cart
$36.31 65 Gallon cart
$43.16 96 Gallon cart
$89.88
$122.50 Per occurrence, per bin
0-15 Feet 16-25 Feet 26-49 Feet 50-75 Feet 76-100 Feet 101+ Feet N/C $16.32 $24.50 $32.67 $40.88 $49.00
Debris Box Service:
3 CY - Delivery and pull Per pull $269.27
3 CY - Exchange Per exchange $154.89
10 / 20 / 30 / 40 CY Box Per pull $440.42
$865.87 Box
$114.38 Delivery
Compactor Service: 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week Per pull rate $689.28 $1,378.49 $2,067.83 $2,757.06 $3,446.33 $4,135.55 $45.74
$57.17
$122.56
$634.19
$114.38
$155.19
Saturday Service Per Pull + Disposal
Delivery Fee Per Delivery
Trip Charge / Relocation Per Occurrence
Note: All 10, 20, 30, 40 CY Debris Boxes and Compactors are pull rates only. Processing and/or disposal will be based on actual disposal costs.
Special Charges- Debris Boxe and Compactor Services
Service Initiation Fee
Demurrage Charge (not dumped every 7 days) Per Week
Per hour Stand-by Charge (box not ready to be pulled) Per Hour Commercial Off Day Extra Pickup
Freon Removal Fee
Graffiti Removal Fee (more than 1x/year)
Commercial Push Out Rates
Debris Box and Compactor Collection Services
Rolloff Temporary Clean-up or C&D Materials (Up to 5 tons) COD Commercial Scout Service, per bin per month
Commercial Organics Contamination Fee
Operation Overflow Charge
Additonal Pickup
Driver Return Fee on Scheduled Day / Additional Pickup
Commercial Same Day Extra Pickup
Commercial Service Initiation and Container Delivery Fee (Bins) Commercial Bad Debt Reinstatement Fee
Commercial Cart or Bin Removal Due to Non Payment
Commercial Cart or Bin Replacement Due to Non Payment
Commercial Locking Lid Bin
Replacement Lock or Key for Locking Bin
Special Charges- Commercial
Additional Cart Exchange / Cart Replacement
Additional Bin Exchange / Bin Replacement
Cart Cleaning Each Occurrence
Bin Cleaning Each Occurrence
Commercial Service Initiation and Container Delivery Fee (Carts)
18.B.
City of Hemet
Effective July 1, 2026
Exhibit [1]
Per Ton Per Ton
$56.16 $73.51
$107.15 $52.29
$107.15 $73.51
$81.70 $89.88
Labor Position Hourly Rate Make and Model Hourly Rate
Class A Driver $89.88 $204.22
Class B Driver $73.51 $204.22
Equipment Operator $73.51 $204.22
Route Manager $122.56 $204.22
Laborer $44.93 $204.22
$204.22
Backhoe Case or CAT
Pressure Washer Hotsy
Street Sweeper TYMCO 600
Equipment Type
Residential Autocar Side Loader
Commercial Autocar Front Loader
Roll-off Autocar Roll-off
Organic Waste Processing Inerts Processing
Mixed Recyclables / Solid Waste Processing Recyclable Materials Processing Emergency Services
Emergency Services - Employees Emergency Services - Equipment Disposal and Processing Tipping Fees
Disposal Mixed C&D Materials Processing
Green Waste Processing Wood Waste Processing
18.B.
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 28 2026
Department: Administration
Submitted by: Mark Prestwich, City Manager
Benigno Sandoval, Economic Development Director;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
Approval of Grant Funding Recommendations for the City of Hemet Kitchen Program RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Pass a motion to approve the City of Hemet Grant Funding Recommendations for the City of Hemet Kitchen Program
BACKGROUND:
The Hemet Kitchen Grant program is a cornerstone of the City’s commitment to bolstering the local culinary economy. By providing financial support for high-quality equipment and infrastructure, this initiative helps local restaurateurs increase capacity, improve food safety, and modernize their operations to better serve the community.
The program began as the "Downtown Kitchen Grant," initially focused on revitalizing the culinary landscape within the city’s downtown corridor and as an initiative of the Hemet RISES Economic Strategy. Following a great response from local business owners, the City Council recognized the broader potential of the initiative.
In a move to support economic growth across all commercial areas, the Council voted to expand the scope of the grant. The program was transitioned from a downtown-specific initiative to a citywide grant, ensuring that restaurants and food-service establishments throughout the entirety of Hemet could benefit from the investment.
The City Council has consistently demonstrated its support for the culinary sector through incremental funding. The total allocation for the program is described in the table below.
Approval Date Fiscal Year Funding Amount
Initial Approval 2024-25 $300,000
18.C.
June 10, 2025 2025-26 $200,000
January 13, 2026 Additional FY 2025-26
Appropriation $500,000
Total $1,000,000
To create a collaborative investment in local infrastructure, the grant program requires that all applicants provide a minimum 20% match for their proposed projects. This requirement ensures that grant recipients remain actively invested in the success and sustainability of their business upgrades.
Grant funds are designed to support the acquisition and installation of professional-grade equipment.
Examples of eligible items include:
Cooking & Prep: Commercial-grade range/oven, food processor, professional-grade knives, and cutting board.
Storage & Cooling: High-volume refrigerator, walk-in freezer, ice machine. Sanitation & Safety: Commercial dishwasher, three-compartment sink, and grease trap installation.
Ventilation: Hood system and ventilation.
The City understands that unique kitchen layouts and operational needs may require specialized equipment not explicitly listed above. Consequently, the City Manager or the Economic Development Director holds the authority to review and approve other kitchen-related items on a case-by-case basis.
ANALYSIS:
The Hemet Kitchen Grant has utilized a data-driven approach to economic development. By combining a time-sensitive application window with advanced location intelligence, the City executed a targeted strategy to retain local dining dollars and elevate our business community.
1. Strategic Outreach and the 30-Day Window
To ensure the program reached the widest possible audience of qualified restaurateurs, the City opened the application window for 30 days. This duration was selected to create a sense of urgency, encouraging prompt action from business owners, while still providing ample time for applicants to gather the necessary documentation. This strategic pacing resulted in a robust pipeline of applications, ensuring the City could select projects with the highest potential for community impact.
2. Leveraging Data to Capture "Retail Leakage"
A primary goal of this initiative is to mitigate "retail leakage"—the phenomenon where residents leave Hemet to dine in neighboring communities, taking their tax dollars with them. To address this, the City utilized Placer.ai to conduct a sophisticated market analysis.
By analyzing mobile location data, the City identified the "Top 100" businesses that Hemet residents frequent most often outside city limits. By identifying these specific competitors—such as Olive Garden, BJ’s, Round1, and Texas Roadhouse—the City gained clear insight into the type of highvolume, high-quality dining experiences our residents are seeking. The grant program was then marketed directly to local operators, encouraging them to upgrade their kitchens to better compete with these external brands, effectively aiming to bring that consumer spending back into Hemet.
3. Rigorous Review: The Business Ad-Hoc Committee
18.C.
To maintain transparency and ensure that funds are directed toward the most viable and impactful projects, the City utilized a structured governance process centered on the Business Ad-Hoc Committee.
Initial Review: Applications underwent an initial screening for eligibility and compliance. Committee Deliberation: The Business Ad-Hoc Committee conducted a thorough review of all qualifying applications. Their role was critical in vetting the business plans, assessing the potential economic impact, and ensuring that the requested upgrades aligned with the City’s broader economic development goals.
Recommendation to Council: Following their review, the business Ad-Hoc Committee formulated formal recommendations for the full City Council.
DISCUSSION:
City of Hemet received a total of 14 applications and 1 relocation request:
Grant Applicants Address Grant Request Investment Total Hemet Adventure Park 869 W. Florida Ave
Hemet, CA 92543 $700,000 $5,000,000
Carltons Steakhouse 3570 West Florida
Ave Hemet, CA 92545 $460,000 $701,125
Harvard Social Yard 121 N. Harvard St
Hemet, CA 92543 $300,000 $600,000
Rendezvous Coffee 100 W. Florida Ave
Hemet, CA 92544 $105,815.58 $183,104.57
Share Tea 118 E. Florida Ave
Hemet, CA 92543 $150,000 $212,800
Boy’s Burgers 167 N. Carmalita St.
Hemet, CA 92543 $37,800 $37,800
Rebel Harp Irish Pub 123 N. Harvard St.
Hemet, CA 92543 $300,000 $650,000
121 Taproom 121 N. Harvard St
Hemet, CA 92543 $300,000 $600,000
Sports Restaurant 3570 W. Florida Ave,
Hemet, CA 92543 $300,000 $432,500
Sweet Occasions 134 S. Harvard St.
Hemet, CA 92543 $300,000 $550,000
Valley Restart 200 E. Menlo Ave
Hemet, CA 92543 $217,550 $217,550
R Tap Beer Company 225 E. Florida Ave.
Hemet, CA 92543 $300,000 $300,000
E + J Steelhouse 2700 W. Devonshire
Ave Hemet, CA 92543 $846,000 $846,000
Good Doggy 314 E. Kimball St
Hemet, CA 92543 $300,000 $300,000
Carltons Steakhouse
Relocation
3570 West Florida
Ave Hemet, CA 92545
$300, 000 (Move
funding)
Total:$4,917,165.58 Total: $10,630,879.57
18.C.
Ad-Hoc Funding Recommendations
Rendezvous Coffee $ 100,000
Share Tea $ 100,000
Rebel Harp Irish Pub $ 200,000
Sports Restaurant $ 150,000
E + J Steelhouse $ 200,000
$ Total 750,000
PREVIOUS COUNCIL ACTION:
The Hemet City Council approved three grant applications for the Downtown Kitchen Grant for a total of $450,000 on July 8, 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 TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
Objective 1: Develop business practices that welcome new development by streamlining processes.
Objective 2: Provide resources for new businesses to enhance the customer service experience.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
Funds for the Kitchen Grant have been appropriated already in fiscal years 2024-25 and 2025-26.
Approval of the Ad Hoc funding recommendations will utilize $750,000 of the $1,000,000 appropriated, leaving a remaining balance of $250,000 for future consideration.
18.C.
ALTERNATIVE(S):
1. Adjust Ad Hoc Committee recommendations.
2. Reopen the grant application for an additional period of time.
3. Receive additional information from applicants.
4. Provide alternate direction to the City Manager.
ATTACHMENT(S):
1) Good Doggy Kitchen Grant
2) E+J Steelhouse Kitchen Grant
3) R Tap Truck Kitchen Grant
4) Valley Restart Shelter Kitchen Grant
5) P2K6 Real Estate Kitchen Grant
6) Sweet Occasions Corporation Kitchen Grant
7) 121 Taproom Kitchen Grant
9) Boys Burgers Kitchen Grant
8) The Rebel Harp Kitchen Grant
10) Share Tea Kitchen Grant
11) Rendezvous Coffee Co Kitchen Grant
12) Harvard Social Yard Kitchen Grant
13) Carltons Steakhouse LLC Kitchen Grant
14) Hemet Adventure Park Kitchen Grant
15) Relocation Request Kitchen Grant
16) Hemet - City Kitchen Grant Program Aggrement
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