Cities Index.
Agenda

Hemet City Council
June 9, 2026

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Agenda
Meeting
June 9, 2026
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Hemet City Council
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2,838
Original file
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Text extracted from the city's file for reading and search. Open the original on hemetca.civicweb.net. That file is the official record.

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Prepared by Revenue & Cost Specialists, LLC
SW-003 Mid-City Collector Upsize
Department Public Works
Category Wastewater (Sewer) System
Facilities
Location Mid-City area
Size/Scope Targeted pipe upsizing and
appurtenance adjustments per
hydraulic evaluation.

Total Cost $422,500
New Dev. % 21%
Availability 2026–2036
Brief Description
Upsize targeted collector segments in the mid-city network to address growth-related capacity constraints and maintain conveyance performance under projected average day and peak conditions.

SW-004 South Hemet Collector Upsize
Department Public Works
Category Wastewater (Sewer) System
Facilities
Location South Hemet
Size/Scope Targeted upsizing of existing
collector mains and related
structures per hydraulic
evaluation.

Total Cost $422,450
New Dev. % 21%
Availability 2026–2036
Brief Description
Upsize targeted collector segments in the South Hemet area to accommodate added flows from planned development and
preserve the established level of service.
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Prepared by Revenue & Cost Specialists, LLC
General Facilities
General Facilities projects expand administrative, fleet, and technology infrastructure proportionally to serve growthrelated increases in population and employment.

Program Cost Allocation
Gross DIF-Eligible Program Cost $11,500,372
Less: Fund Balance Credit (1,761,429)
Net DIF-Eligible Program Cost $6,166,927
GG-001 City Hall and Council Chambers
Expansion
Department City of Hemet
Category General Facilities
Location City Hall
Size/Scope TBD
Total Cost $4,572,044
New Dev. % 68.94%
Availability 2026–2036
Brief Description
Remodel and expand City Hall to increase administrative capacity and maintain service levels for a larger service population.

Improvements may include reconfiguring office and meeting space; upgrading technology systems for digital permitting, financial operations, and records; enhancing public counters; and modernizing core building systems (HVAC, communications, energy efficiency). This project also integrates Council Chambers audiovisual upgrades and a permanent control room within the City Hall complex to support legislative meetings,
recording/broadcasting, and public participation.

GG-002 Expansion of General Facilities
Vehicles
Department City of Hemet
Category General Facilities
Location Citywide/City Yard
Size/Scope TBD
Total Cost $2,020,164
New Dev. % 68.94%
Availability 2026–2036
Brief Description
Acquire and outfit general facilities fleet vehicles to support administrative and inter-departmental operations and field services as activity increases.

GG-003 Expansion of City Yard Facilities
Department City of Hemet
Category General Facilities
Location City Yard
Size/Scope TBD
Total Cost $4,012,110
New Dev. % 68.94%
Availability 2026–2036
Brief Description
Expand and modernize City Yard facilities—including shops, storage, administrative areas, utilities, and technology—to support citywide operations and maintenance for a growing community.
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Prepared by Revenue & Cost Specialists, LLC
GG-004 Expansion of General Facilities
Equipment
Department City of Hemet
Category General Facilities
Location City Hall/Citywide
Size/Scope TBD
Total Cost $896,054
New Dev. % 68.94%
Availability 2026–2036
Brief Description
Provide capital equipment and technology with multi-year service life used by staff to perform municipal services efficiently (e.g., computers, servers, network infrastructure, enterprise software, and meeting/AV systems).
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Prepared by Revenue & Cost Specialists, LLC
Public Meeting Facilities
Public Meeting Facilities projects provide community building space to maintain the adopted service standard as residential development adds population.

Program Cost Allocation
Gross DIF-Eligible Program Cost $10,410,940
Less: Fund Balance Credit —
Net DIF-Eligible Program Cost $10,178,836
PF-001 Public Meeting Facilities Capacity
Expansion
Department Community Services
Category Public Meeting Facilities
Location To be determined, City of
Hemet
Size/Scope 22,959 square feet (growthrelated building expansion) Total Cost $10,178,836
New Dev. % 100%
Availability 2026-2036
Brief Description
This project expands Public Meeting Facilities building space to accommodate additional residents and maintain the City’s service standard of 0.563 square feet per resident. The scope includes planning, design, permitting, construction, interior build-out, and on-site improvements necessary to place the space into service. Capacity may be delivered through additions at existing centers and/or construction of a new multi-purpose facility. The project provides 22,959 SF of new Public Meeting Facilities building capacity identified in the growth analysis, ensuring the City’s level of service is maintained as development occurs.
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Prepared by Revenue & Cost Specialists, LLC
Library Facilities and Collections
Library projects expand both collection holdings and building space to maintain the adopted library level of service as residential development adds population.

Program Cost Allocation
Gross DIF-Eligible Program Cost $17,779,255
Less: Fund Balance Credit —
Net DIF-Eligible Program Cost $17,779,255
LB-001 Library Collection Expansion
Department Community Services
Category Library Facilities and
Collections
Location To be determined, City of
Hemet
Size/Scope 45,443 collection units/eresource equivalents Total Cost $2,203,037
New Dev. % 100%
Availability 2026–2036
Brief Description
Expands the City’s public collection to maintain the adopted

1.115 units per resident standard as residential development adds population. The scope includes acquisition of physical items and e-resources, related collection software, and public electronic equipment necessary to place resources into service.

LB-002 Library Facilities Expansion
Department Community Services
Category Library Facilities and
Collections
Location To be determined, City of
Hemet
Size/Scope 22,421 SF
Total Cost $15,576,218
New Dev. % 100%
Availability 2026–2036
Brief Description
Constructs/expands library building space to maintain the adopted 0.550 SF per resident facility standard as population grows. Scope includes planning, design, permitting, construction, interior buildout, and on-site/code-triggered improvements; land acquisition is included if required to deliver the building program. Delivery may include additions or remodels at existing branches and/or a new facility.
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Prepared by Revenue & Cost Specialists, LLC
Parkland and Open Space
Parkland and Open Space projects acquire and improve park acreage and secure open space land to maintain the adopted recreation and open space standards for new residents.

Program Cost Allocation
Gross DIF-Eligible Program Cost $60,268,226
Less: Fund Balance Credit (3,310,852)
Net DIF-Eligible Program Cost $56,957,374
PK-001 Parkland Acquisition & CapacityAdding Park Improvements Department Community Services
Category Parkland and Open Space
Location To be determined, City of
Hemet (Citywide)
Size/Scope 48 acres (growth program)
Total Cost $56,957,374
New Dev. % 100%
Availability 2026–2036
Brief Description
Acquires new parkland and constructs capacity-adding
improvements to maintain the adopted level of service as residential development adds population. Eligible scope includes site acquisition; site preparation and utilities; multi-purpose turf and hardscape; courts and fields; destination playgrounds; restrooms/support buildings; lighting and fencing; internal paths and trailheads; irrigation; and accessibility features.

Gross DIF-Eligible Program Cost $51,342,763
Less: Fund Balance Credit —
Net DIF-Eligible Program Cost $51,342,763
OS-001 Open Space Acquisition
Department Community Services
Category Parkland and Open Space
Location Citywide
Size/Scope 220 acres (residential Open
Space capacity target).

Nonresidential Open Space is
expressed as dollars per square
foot by land use category and
does not carry an acreage
target.

Total Cost $51,342,763
New Dev. % 100%
Availability 2026–2036
Brief Description
Acquires land or property interests for recreation-supporting corridors (linear greenways and off-street trail linkages) to maintain the adopted Open Space standard as development occurs. Open Space is a land-only program; any construction needed to activate a corridor is delivered under Parks when it adds usable capacity.
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APPENDIX P

PEER JURISDICTION FEE COMPARISON
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Appendix P - Peer Jurisdiction Fee Comparison
Purpose
This appendix provides a comparison of Hemet’s proposed 2026–27 Development Impact Fee levels with those of comparable Riverside County jurisdictions, consistent with Government Code §66016.5(a)(1) (Assembly Bill 602). The comparison is presented for informational context only. Fee levels vary across jurisdictions based on local capital programs, levels of service, land costs, land use assumptions, and the particular infrastructure programs each city administers. Totals are not directly comparable without accounting for these structural differences in program scope, which is addressed in the scope-adjusted comparison in Table P-2.

The four comparison jurisdictions were selected based on geographic proximity, comparable size, similar growth trajectories, and recent nexus study updates. Murrieta, Beaumont, and Moreno Valley each completed comprehensive nexus updates in 2024 under the same AB-602 framework governing this study; Menifee completed its most recent update in 2025. The City of Perris was excluded from the program-level comparison because its current fee schedule is grounded in a 2006 nexus study, making direct program-to-program comparisons methodologically unreliable.

In addition to the peer city DIF comparison, this appendix includes a supplemental section (Table P-3) comparing the City’s proposed Water System Facilities and Wastewater System Facilities DIFs to the capital capacity charges levied by Eastern Municipal Water District (EMWD) and Lake Hemet Municipal Water District (LHMWD), the two independent water agencies that serve the portions of Hemet outside the City’s own utility service area.

That comparison is presented separately because the programs operate under a different legal authority from city-imposed DIFs and are not directly comparable to the peer city fee schedules in Tables P-1a through P-2.

Scope and Methodology
Fees shown represent total adopted city-imposed Development Impact Fees as of the schedule dates noted. Regional mitigation fees (TUMF, MSHCP) and school developer fees are excluded from all jurisdictions. Water and sewer connection fees charged by independent water districts are also excluded; where a city administers its own water or sewer system as a DIF program, those fees are identified and disclosed separately.

Residential fees for comparison jurisdictions expressed per dwelling unit in their adopted schedules have been converted to a per-square-foot basis using average unit sizes from each jurisdiction’s nexus study. Converted figures are marked †. Beaumont’s fee schedule is already per-SF but uses a single residential rate with no SFR/MFR split; Beaumont figures are shown in both residential tables with a ‡ footnote disclosing this. Moreno Valley’s MFR figures are taken from the “Residential (Affordable)” column of the 2024 phase-in schedule. Menifee’s MFR total is available but program-level MFR breakdown was not available in the published schedule; Menifee is shown with a total-only row in Table P-1b.

Conversion assumptions: Murrieta 2,555 SF SFR / 1,198 SF MFR (2024 Willdan study); Moreno Valley 2,000 SF SFR / 1,000 SF MFR; Menifee 2,000 SF SFR / 900 SF MFR. Hemet average unit sizes: SFR 2,304 SF / MFR 926 SF (Appendix D of this study). 346

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Table P-1a
Program-Level Development Impact Fee Comparison — Single-Family Residential Fee Program City of Hemet 2026
Proposed ($/SF SFR)
City of Murrieta 2024
($/SF SFR)†
City of Beaumont 2024
($/SF Res.)‡
City of Moreno Valley
2024 ($/SF SFR)†
City of Menifee 2025
($/SF SFR)†
All fees per square foot of residential building area
Law Enforcement / Police $0.312 $0.390 $1.330 $0.530 $0.052† Fire Protection $1.157 $0.280 $0.380 $0.800 $0.095†
Circulation / Streets $0.396 $2.360 $2.330 $3.440 $0.957† Traffic Signals — $0.210 — $0.520 —
Interchange Improvements — — — $2.210 —
Flood Control / Storm Drain $0.886 $0.150 $0.920 — varies§ General Government Facilities $0.119 $0.450 $0.600 $0.240 $0.052† Animal Shelter — — — $0.050 $0.008†
Corporate Yard / Maint. Equip. — — $0.020 $0.700 —
Parks (Land + Improvements) $2.441 $4.850 $3.800 $3.800 $0.554† Open Space $1.890 — $0.020 — —
Comm. Centers / Public Mtg. Fac. $0.375 $0.110 — $0.470 — Library $0.655 $0.170 $0.150 $0.390 —
Water / Wastewater (City DIF) $0.416 — $7.610‡ — —
Workforce Development — — — $0.150 —
TOTAL $8.647 $8.970† ~$9.460‡ $7.635† $6.526†
† Fees expressed per dwelling unit in source schedule; converted to per-SF using unit sizes listed in the Conversion Assumptions section above. ‡ Beaumont uses a single residential per-SF rate with no SFR/MFR distinction in its adopted schedule. Beaumont water/sewer amounts (~$7.61/SF combined) are cityadministered utility DIFs excluded from the scope-adjusted comparison. Net Beaumont residential excluding water/sewer: ~$9.46/SF. § Menifee Storm Drain applies in specific MDP basin areas only; no citywide rate. Moreno Valley has no city flood control DIF.

Note: Hemet Parks row ($2.441/SF SFR) combines AB-1600 Park Development fee ($2.099/SF) and Valley-Wide Parks allocation (16.3% of Parks DIF = $0.342/SF). The ValleyWide component is an internal allocation of Parks DIF receipts tracking Hemet’s participation in Diamond Valley Lake Community Park regional facilities; it is included here for transparency in reconciling to the study total.

Mobile Home: Hemet’s 2026–27 nexus study also establishes a Mobile Home Dwelling Units fee of $8.349/SF under the same infrastructure DIF programs. Mobile home is excluded from Tables P-1a and P-1b because none of the comparison jurisdictions publish a separate adopted DIF rate for mobile home dwelling units, making a program-level comparison unavailable.
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Table P-1b
Program-Level Development Impact Fee Comparison — Multifamily Residential Fee Program City of Hemet 2026
Proposed ($/SF MFR)
City of Murrieta 2024
($/SF MFR)†
City of Beaumont 2024
($/SF Res.)‡
City of Moreno Valley
2024 ($/SF MFR)†
City of Menifee 2025
($/SF MFR)†
Beaumont uses single residential rate (no SFR/MFR split). Moreno Valley MFR = "Residential (Affordable)" phase-in 2024 column. Menifee: program-level MFR breakdown not available — total row only.

Law Enforcement / Police $0.892 $0.530 $1.330‡ $0.260 — Fire Protection $0.878 $0.380 $0.380‡ $0.400 —
Circulation / Streets $0.394 $3.600 $2.330‡ $1.720 —
Traffic Signals — $0.330 — $0.260 —
Interchange Improvements — — — $1.100 —
Flood Control / Storm Drain $2.388 $0.595 $0.920‡ — —
General Government Facilities $0.280 $0.610 $0.600‡ $0.120 — Animal Shelter — — — $0.020 —
Corporate Yard / Maint. Equip. — — $0.020‡ $0.350 —
Parks (Land + Improvements) $4.788 $6.580 $3.800‡ $1.900 — Open Space $3.706 — $0.020‡ — —
Comm. Centers / Public Mtg. Fac. $0.736 $0.160 — $0.240 — Library $1.285 $0.230 $0.150‡ $0.200 —
Water / Wastewater (City DIF) $0.814 — $7.610‡ — —
Workforce Development — — — $0.080 —
Menifee MFR — program
breakdown not available — — — — (total only)
TOTAL $16.162 $12.710† ~$9.460‡ $6.650† $8.900†
† Fees converted from per-DU using MFR unit sizes: Murrieta 1,198 SF; Moreno Valley 1,000 SF; Menifee 900 SF. ‡ Beaumont single residential rate used for both SFR and MFR tables. Beaumont does not publish separate SFR/MFR rates. Water/sewer components (~$7.61/SF) excluded from scope-adjusted comparison.

Note: Moreno Valley MFR figures taken from the “Residential (Affordable)” column of the 2024 Moreno Valley DIF Phase-in Schedule, which represents the lower-rate MFR category. Menifee MFR total ($8.900†) is converted from per-DU at 900 SF avg; program-level breakdown by fee category not available from the published 2025 Menifee DIF schedule. Hemet MFR Flood Control ($2.388/SF) reflects higher runoff coefficient for multifamily development (C = 0.575, or 57.5% impervious, vs. C = 0.500, or 50.0% for SFR) under the State Water Resources Control Board runoff coefficient methodology adopted in this study.

Mobile Home: Hemet’s 2026–27 nexus study also establishes a Mobile Home Dwelling Units fee of $8.349/SF. Mobile Home is a separate land use category in the Hemet fee program, distinct from multifamily residential. It is excluded from Table P-1b because none of the comparison jurisdictions publish a separate adopted DIF rate for mobile home dwelling units.
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Table P-1c
Program-Level Development Impact Fee Comparison — Nonresidential Fee Program Hemet Retail/
Comm. Hemet Indust. Murrieta Comm. Murrieta Indust. Beaumont Comm.‡ Moreno Valley
Comm.

Menifee Retail/
Comm.

All fees per square foot of building area. Hemet columns highlighted.

Law Enforcement / Police $1.648 $0.532 $1.190 $0.630 $0.730 $0.240 $0.530 Fire Protection $1.356 $0.039 $1.830 $0.980 $0.470 $0.660 $0.950 Circulation / Streets $3.284 $1.224 $8.730 $2.480 $23.470 $14.000 $19.350 Traffic Signals — — $0.800 $0.230 — $1.990 —
Interchange Improvements — — — — — $15.480 —
Flood Control / Storm Drain $0.707 $0.645 $0.200 $0.250 $0.970 — varies§ General Government Facilities $0.066 $0.062 $0.210 $0.110 $0.330 $0.110 $0.360 Corporate Yard / Maint. — — — — $0.010 $0.350 —
Open Space $0.002 $0.001 — — — — —
Water / Wastewater (City DIF) $0.079 $0.037 — — $3.140‡ — — Workforce Development — — — — — $0.260 —
TOTAL $7.141 $2.541 $12.960 $4.680 ~$27.190‡ $14.339 $21.590 ‡ Beaumont figures exclude Sewer Facilities ($1.34/SF), Sewer Capacity ($1.80/SF), and Recycled Water ($0.17/SF) from the commercial total shown; full Beaumont commercial including these programs is ~$27.19/SF. Beaumont industrial shown net of sewer/recycled water. § Menifee storm drain applies in select MDP areas only. Moreno Valley has no city flood control DIF.

Note: Menifee retail total of $21.59/SF is driven by the Transportation Impact Fee ($19.35/SF), which functions as a TUMF equivalent rather than a standard nexus DIF. Scopeadjusted Menifee retail (removing TIF) is approximately $2.24/SF. Moreno Valley retail total includes Interchange Improvements ($15.48/SF) and Traffic Signals ($1.99/SF). 349

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Table P-2
Scope-Adjusted Fee Comparison — Common Programs Only
The program breakdowns in Tables P-1a through P-1c show that fee totals across jurisdictions reflect materially different program scopes. Table P-2 presents full totals alongside common-programs subtotals that remove programs not present across all comparison jurisdictions, providing the most defensible basis for evaluating Hemet’s fee levels relative to peers.

Jurisdiction SFR Full
($/SF)
SFR
Common
Programs
MFR Full
($/SF)
MFR
Common
Programs
Retail Full
($/SF)
Retail
Common
Programs
Programs Excluded from Common-Programs
Subtotal
Common programs: Law Enforcement, Fire, Circulation + Traffic Signals, General Facilities, Parks, Library, Community Centers/Public Meeting Facilities City of Hemet
(Proposed) $8.647 $5.456 $16.162 $9.253 $7.141 $6.354
Flood Control ($0.886/$2.388), Water
($0.227/$0.444), Wastewater ($0.189/$0.370), Open
Space ($1.890/$3.706), and Public Meeting Facilities
($0.375/$0.736) excluded from common-programs
total. Public Meeting Facilities excluded because no
comparable program exists across all peer cities;
Hemet’s Community Centers / Public Meeting
Facilities program is retained only where the peer city has an equivalent program.

City of Murrieta (2024) $8.970† $8.970† $12.710† $12.710† $12.960 $12.760 No programs excluded. Storm Drain ($0.150/SF SFR)
retained — structurally comparable to standard nexusbased drainage programs in other jurisdictions and does not materially skew the comparison. No city
water/sewer DIF.

City of Beaumont (2024) ~$16.190‡ ~$9.460‡ ~$16.190‡ ~$9.460‡ ~$27.190‡ ~$24.050‡ Sewer Facilities ($2.57/SF), Sewer Capacity
($4.72/SF), Recycled Water ($0.32/SF) = ~$7.61/SF
excluded. Beaumont administers sewer as a city DIF;
no comparable program in other comparison cities.

Single residential rate — no SFR/MFR split.

City of Moreno Valley
(2024) $7.635† $6.285† $6.650† ~$4.435† $14.339 $12.149 Interchange Improvements excluded — interchangespecific fee with no equivalent in comparison cities. No flood control or water/sewer city DIF. Note: MV SFR
total ($7.635) is derived from the adopted per-DU fee
schedule ($15,269.50 ÷ 2,000 SF avg); program-level
Interchange exclusion amount drawn from the phasein per-SF schedule. Scope-adjusted commonprograms figures are approximate due to this mixedsource derivation. MFR common-programs figure (~$4.435) is an estimate.

City of Menifee (2025) $6.526† $5.569† $8.900† n/a** $21.590 $2.240 Retail Transportation Impact Fee ($19.35/SF)
excluded — functions as TUMF equivalent, not a
standard nexus DIF. Storm drain applies in select
MDP areas only. No water/sewer city DIF. MFR
common-programs subtotal not calculable —
program-level MFR breakdown not publicly available.
** Menifee MFR common-programs subtotal cannot be calculated because program-level MFR data is not available in the published Menifee DIF schedule. 350

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Note: Common-programs subtotals retain: Law Enforcement/Police, Fire, Circulation/Streets, Traffic Signals (where present), General Facilities, Parks, Library, and Community Centers/Public Meeting Facilities (where present). Programs excluded vary by city as identified in the rightmost column.

Observations
Flood control is the primary driver of Hemet’s elevated residential fees relative to most comparison cities. Hemet’s Flood Control fee of $0.886/SF SFR and $2.388/SF MFR reflects the capital cost of the locally-specific Master Drainage Plan basin infrastructure program. On a scope-adjusted basis removing flood control, water, wastewater, and open space, Hemet’s SFR common-programs total of $5.46/SF is within the mid-range of the comparison set and below Murrieta’s adjusted total of ~$8.82/SF.

Hemet’s MFR fee is elevated primarily due to the flood control runoff methodology. The MFR flood control fee of $2.388/SF reflects the higher runoff coefficient for multifamily development (C = 0.575, or 57.5% impervious, vs. C = 0.500 for SFR), per the State Water Resources Control Board runoff coefficient methodology adopted in Chapter 6 of this study. Scope-adjusted MFR removing flood control, water, wastewater, open space, and public meeting facilities drops to approximately $9.25/SF, more in line with comparable cities.

Hemet’s nonresidential fees are among the lowest in the comparison set. Hemet’s proposed Retail/Commercial fee of $7.141/SF and Industrial fee of $2.541/SF are below all four comparison jurisdictions on both a full-program and scope-adjusted basis, reflecting SCAG-calibrated employment density inputs in the nexus analysis.

The 2026–27 update reflects twenty years of deferred cost escalation. Hemet’s residential fees were last set in January 2006. California construction costs (CCCI) have increased approximately 120 percent since 2006. The proposed 2026 SFR infrastructure DIF of $8.647/SF is approximately equivalent in real terms to an inflation-adjusted 2006 program; the increment above the inflation-adjusted baseline represents four new programs (Water, Wastewater, Open Space, and Public Meeting Facilities) not present in 2006.

Sources
City of Hemet. (2026). 2026–27 Development Impact Fee Calculation and Nexus Report. Revenue & Cost Specialists, LLC.

City of Murrieta. (2024). Development Impact Fee Study Update — Final Draft. Willdan Financial Services (April 5, 2024).

City of Beaumont. (2024). Development Impact Fee Nexus Study Update — Revised Final. Willdan Financial Services (May 31, 2024).

City of Moreno Valley. (2024). Development Impact Fee Update — Phase-in Schedule. Community Development Department.

City of Menifee. (2025). Development Impact Fee Schedule, effective July 1, 2025. Community Development Department.

Government Code §66016.5(a)(1) (Assembly Bill 602, 2021). 351

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Water and Wastewater System Capacity Charge Context
The City of Hemet’s water and sewer utility service area covers approximately 5.25 square miles of the incorporated city, generally bounded by Menlo Avenue on the north, Stetson Avenue on the south, Sanderson Avenue on the west, and San Jacinto Street on the east. The remaining 22.45 square miles of the incorporated city are served by two independent special districts: Eastern Municipal Water District (EMWD) and Lake Hemet Municipal Water District (LHMWD).

EMWD is a regional water and wastewater agency serving nearly one million customers across a 682-square-mile service area in western Riverside County; its Hemet service area encompasses portions of the city generally outside the City’s own utility boundaries. LHMWD is a smaller local district serving the Hemet/San Jacinto Valley area; it provides water service and sewer collection within its territory, with wastewater treatment delivered by EMWD under an interagency arrangement.

This study proposes two new City development impact fee programs — Water System Facilities (Chapter 7) and Wastewater System Facilities (Chapter 8) — that apply exclusively to development within the City’s own service area. Development in EMWD or LHMWD territory is not subject to these City DIFs. Instead, developers connecting to EMWD or LHMWD systems pay capital capacity charges directly to those districts under the authority of Government Code §66013.

Although these charges serve a similar economic function — recovering infrastructure capacity costs from new development — they are established under a different legal framework and use a different cost recovery methodology than Mitigation Fee Act DIFs.

Table P-3 presents a side-by-side comparison of the City’s proposed Water and Wastewater DIF amounts with the 2026 capacity charges levied by EMWD and LHMWD for equivalent development types. The comparison is provided to give Council context for the City’s proposed fee levels and is not intended to suggest equivalence between the programs. The methodological basis for each program and the reasons for the substantial difference in amounts are described in detail below.
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Table P-3
Water and Wastewater System Capital Charges — City DIFs vs. District Capacity Charges Charge / Fee Component Charge Basis
City of Hemet
Water DIF
(Proposed)
City of Hemet
Wastewater DIF
(Proposed)
EMWD Capacity
Charges (2026)
LHMWD Capacity
Charges (2026)
Legal authority: City DIFs — Mitigation Fee Act (Gov. Code §66000 et seq.) / AB 602 | District capacity charges — Gov. Code §66013 Single-Family Residential (per dwelling unit)
Water infrastructure capacity Per DU $523 — $7,738 $3,130† Wastewater / sewer capacity Per DU — $435 $3,626 N/A‡
Sewer treatment plant capacity Per DU — incl. $6,876 N/A‡ Recycled water supply Per DU — — $420 N/A
Total — SFR Per DU $523 $435 $18,660 $3,130†
City DIF combined (Water + WW) Per DU $958 combined $18,660 total Varies† Multifamily Residential (per dwelling unit)
Water infrastructure capacity Per DU $411 — $7,738 Varies† Wastewater / sewer capacity Per DU — $343 $3,626 N/A‡
Sewer treatment plant capacity Per DU — incl. $6,876 N/A‡ Recycled water supply Per DU — — $420 N/A
City DIF combined (Water + WW) Per DU $754 combined $18,660 total $13,553/acre† Nonresidential — Retail/Commercial (per 1,000 SF)
Water infrastructure capacity Per KSF $43 — varies§ $13,553/acre† Wastewater / sewer capacity Per KSF — $36 varies§ N/A‡
Sewer treatment plant capacity Per KSF — incl. varies§ N/A‡ † LHMWD Water System Facilities Charge: $3,130 per EDU (Exhibit A, LHMWD Rules and Regulations, January 2022). SFR developments on less than one acre are charged 1 EDU per dwelling unit ($3,130/DU). MFR charges vary by project density per Exhibit B of the Rules and Regulations; at 10 DU/acre = ~$2,235/DU; at 12 DU/acre = ~$1,896/DU; at 15 DU/acre = ~$1,730/DU. Commercial/institutional: 4.33 EDU/acre = $13,553/acre ($0.311/SF). Rate is subject to amendment by the LHMWD Board of Directors. ‡ LHMWD provides water service only. Sewer collection within LHMWD’s Hemet/San Jacinto Valley service area is provided through LHMWD-owned collection infrastructure, but treatment is provided by EMWD. Developers in LHMWD territory pay EMWD’s Sewer Financial Participation Charge and Treatment Plant Capacity Charge directly to EMWD for treatment capacity, in addition to any LHMWD water system facilities charge. § EMWD nonresidential sewer charges are calculated per EDU using tenant-type EDU factors applied to square footage or other base units (e.g., seats for restaurants). A standard retail/commercial use (Service Shops/Stations/Stores) is assessed at 0.40 EDU per 1,000 SF, yielding approximately $1,450 per 1,000 SF in Sewer Financial Participation Charges and $2,750 per 1,000 SF in Treatment Plant Capacity Charges. Water charges vary by meter size required to meet project flow demand and are not expressed on a per-squarefoot basis. 353

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Note: EMWD residential figures assume a standard ¾” meter (1.0 EMS factor) for both SFR and MFR. Larger projects or those with higher flow requirements may require larger meters and proportionally higher charges. All EMWD figures reflect 2026 adopted rates effective January 1, 2026, per the EMWD Charges and Deposits schedule published at emwd.org.

Observations — Water and Wastewater
The City’s proposed Water and Wastewater DIFs are substantially lower than EMWD capacity charges for comparable development. For a standard single-family residence, the City’s combined Water and Wastewater DIF totals approximately $958 per dwelling unit — roughly 5 percent of the $18,660 in capital capacity charges that the same project would pay to EMWD if located in EMWD’s Hemet service area. This difference reflects three factors: (1) the Mitigation Fee Act constrains City DIFs to the growth-related share of planned facility costs only, prohibiting recovery of existing system value; (2) the City’s water and wastewater capital programs are more modest in scale than EMWD’s regional system; and (3) the City’s service area is compact and served by nine existing wells and 120 miles of distribution main, requiring proportionally less growth-related capital investment per new connection than a regional district serving nearly one million customers.

The comparison does not imply that development in the City service area pays less overall. Development within the City’s water and sewer service area pays the City DIF in addition to all other standard City development impact fees. Development in EMWD or LHMWD territory within Hemet pays those district capacity charges instead of the City water and sewer DIFs, but also pays all other City DIFs for law enforcement, fire, circulation, parks, and other programs.

The water and wastewater DIF is an incremental addition to the overall DIF burden for development in the City service area, and at $958 per SFR represents a modest addition relative to the broader fee program.

Additional Sources — Water and Wastewater Section
Eastern Municipal Water District. (2026). Charges and Deposits — Developer Project Help Desk (effective January 1, 2026). Perris: EMWD Development Services. Retrieved from emwd.org.

Lake Hemet Municipal Water District. (2022). Rules and Regulations (amended January 20, 2022), §VIII — Water System Facilities Charge. Hemet: LHMWD.

Lake Hemet Municipal Water District. (2026). Schedule of Rates and Charges (effective January 1, 2026). Hemet: LHMWD.

City of Hemet. (2026). 2026–27 Development Impact Fee Calculation and Nexus Report, Chapter 7 (Water System Facilities) and Chapter 8 (Wastewater System Facilities). Hemet: Revenue & Cost Specialists, LLC.

Government Code §66013 (capacity charges for water and sewer service). 354

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APPENDIX Q

CURRENT AND PROPOSED IMPACT FEE COMPARISON
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Appendix Q – Current and Proposed Impact Fee Comparison This appendix presents a summary comparison of current and proposed development impact fees for the City of Hemet, organized by program and land use category. The tables below provide a side-by-side view of current adopted fees, proposed maximum justified fees, and the resulting change in dollar and percentage terms. This comparison is intended to assist the City Council, staff, and the public in understanding the overall direction and magnitude of the proposed fee update.

Proposed per-dwelling-unit equivalent fees are derived by multiplying the proposed per-square-foot rate by the Average Unit Size (AUS) established in Appendix D of this report: 2,304 SF for Single-Unit Residential, 926 SF for Multi-Unit Residential, and 1,250 SF for Mobile Home units. This presentation is consistent with the AB-602 requirement that fees be expressed on a per-square-foot basis while also allowing for meaningful comparison to the current per-dwelling-unit fee schedule.

Table Q-1 Residential Fee Comparison — Current vs. Proposed ($/DU Equivalent) Program Single-Unit Residential Multi-Unit Residential Mobile Home Current
($/DU)
Proposed
($/DU
equiv.)
Change
($/DU)
Change
(%)
Current
($/DU)
Proposed
($/DU
equiv.)
Change
($/DU)
Change
(%)
Current
($/DU)
Proposed
($/DU
equiv.)
Change
($/DU)
Change
(%)
Law
Enforcement $471 $719 +$248 +52.7% $404 $826 +$422 +104.5% $298 $494 +$196 +65.8% Fire† $560 $2,666 +$2,10
6 +376.1
% $480 $813 +$333 +69.4% $354 $1,791 +$1,437 +405.9%
Bridges,
Streets, &
Traffic†
$2,948 $912 $2,036 −69.1% $2,030 $365 $1,665 −82.0% $1,537 $402 $1,135 −73.8% Flood Control $1,405 $2,041 +$636 +45.3% $474 $2,211 +$1,737 +366.5 % $1,147 $1,639 +$492 +42.9%
General
Government $780 $274 $506 −64.9% $669 $259 $410 −61.3% $493 $182 $311 −63.1% Water $0 $523 New Program $0 $411 New Program $0 $232 New Program Wastewater $0 $435 New Program $0 $343 New Program $0 $194 New Program Public Use
Facilities $0 $864 Prev. Susp. $0 $682 Prev. Susp. $0 $385 Prev. Susp.

Library $735 $1,509 +$774 +105.3
% $631 $1,190 +$559 +88.6% $465 $672 +$207 +44.5%
Parks $1,453 $4,836 +$3,38
3 +232.8
% $1,247 $3,812 +$2,565 +205.7% $920 $2,154 +$1,234 +134.1% Valley-Wide
Parks† $283 $788 +$505 +178.4% $243 $621 +$378 +155.6% $179 $351 +$172 +96.1% Open Space $0 $4,355 New Program $0 $3,432 New Program $0 $1,939 New Program Jobs/Housing
Linkage $0 $25,160 New Program $0 $19,946 New Program $0 $13,300 New Program Total $8,635 $13,745 +$5,11
0 +59.2% $6,178 $10,097 +$3,919 +63.4% $5,393 $7,685 +$2,292 +42.5% Proposed ($/DU equiv.) = Proposed $/SF rate × Average Unit Size (AUS). AUS per Appendix D: SFR = 2,304 SF; MFR = 926 SF; Mobile Home = 1,250 SF.

Change ($/DU) = Proposed ($/DU equiv.) − Current ($/DU). Change (%) based on per-DU equivalent comparison. † See footnotes below for methodology notes on Bridges, Streets, & Traffic and Fire programs.

Yellow shading = New Program (no previously adopted fee). Gray shading = Previously Suspended (fee previously adopted but collection suspended; resumption subject to Council action).

Totals reflect programs with comparable per-DU fees and exclude New Program and Previously Suspended rows. Water, Wastewater, Open Space, Jobs/Housing Linkage, and Public Use Facilities are excluded from current-fee totals. 356

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Program Footnotes
† Bridges, Streets, & Traffic (BST) Fee — Note on Fee Decrease:

The BST fee decrease from the current schedule (SFR: $2,948; MFR: $2,030; MH: $1,537) to the proposed per-DU equivalent (SFR: $912; MFR: $365; MH: $402) reflects three compounding factors, none of which indicate a reduction in program scope.

First, and most significantly, the 2026 study applies explicit project-by-project cost allocation between new development and the existing community. Each of the 77 capital projects in the 2026 CIP is assigned a new-development share ranging from 15% to 60%, reflecting the proportion of each improvement attributable to growth-generated demand. The 2006 program assigned the full $56.4M CIP cost to trip growth with no existing-community offset. This proportional allocation, required for nexus defensibility under the Mitigation Fee Act, substantially reduces the growth-eligible cost base.

Second, the 2026 CIP reflects an updated project inventory. Approximately $10.7M in 2006 road projects — including Harrison Avenue, New Stetson Avenue, Old Stetson Avenue, Rose Street, Hyatt Avenue, and the Future East/West Street corridors — do not appear in the 2026 CIP, reducing the overall program cost base. Two new projects not in the 2006 program (Walden Weaver Road and Celeste Road) have been added, partially offsetting this reduction.

Third, the 2026 methodology measures demand in trip-miles (trip-ends × average trip length × adjustment factors) rather than trip-ends alone, consistent with AB-602 and current nexus practice. Both residential and nonresidential development were included in the 2006 fee calculation; the shift to trip-miles does not materially change residential’s proportionate share (approximately 13.5% of growth trip-miles, consistent with its share under the trip-end approach).

The proposed per-DU equivalent fees are derived by multiplying the per-SF rate by the applicable Average Unit Size per Appendix D: SFR $0.396/SF × 2,304 SF ≈ $912; MFR $0.394/SF × 926 SF ≈ $365; MH $0.322/SF × 1,250 SF ≈ $402. † Fire Program — Note on Fee Increase Magnitude (SFR and Mobile Home):

The proposed Fire fee increases for Single-Unit Residential (+376%) and Mobile Home (+406%) reflect two factors: (1) updated capital replacement costs for fire apparatus and facilities based on current market pricing, and (2) recalibration of the existing-system equity comparison using current replacement values. The Multi-Unit Residential increase (+69%) is comparatively moderate because MFR’s lower average unit size reduces its per-DU equivalent relative to SFR. All Fire fee calculations follow the same proportional methodology applied throughout this report, and the proposed fees do not exceed the maximum justified levels established in Chapter 4.

Table Q-2 Nonresidential Fee Comparison
Table Q-2 presents the nonresidential fee comparison in two parts. Table Q-2a shows programs that currently collect nonresidential fees, with a direct current-to-proposed comparison for Retail, Commercial, & Service Uses and Industrial Uses. Table Q-2b shows new nonresidential fee categories and programs with no prior nonresidential fee. Fees are expressed per square foot unless otherwise noted. Library, Parks, and Public Use Facilities apply to residential development only and are not shown in these tables.

Table Q-2a Comparable Programs — Current vs. Proposed
Program Retail, Commercial, & Service Uses ($/SF) Industrial Uses ($/SF) Current Proposed Change ($) Change (%) Current Proposed Change ($) Change (%) Law Enforcement $0.223/SF $1.648/SF +$1.425 +639.0% $0.013/SF $0.532/SF +$0.519 +3992.3% Fire $0.240/SF $1.356/SF +$1.116 +465.0% $0.056/SF $0.039/SF −$0.017 -30.4% Bridges, Streets, & Traffic† $2.460/SF $3.284/SF +$0.824 +33.5% $0.414/SF $1.224/SF +$0.810 +195.7% Flood Control $0.402/SF $0.707/SF +$0.305 +75.9% $0.344/SF $0.645/SF +$0.301 +87.5% General Government $0.116/SF $0.066/SF −$0.050 -43.1% $0.116/SF $0.062/SF −$0.054 -46.6% Total $3.441/SF $7.061/SF +$3.620 +105.2% $0.943/SF $2.502/SF +$1.559 +165.3% † Bridges, Streets, & Traffic: current fee shown is the TUMF-exempt rate ($2.46/SF Retail; $0.414/SF Industrial). TUMF-project rates ($2.01/SF and $0.325/SF respectively) remain in effect for TUMF-participating projects pending Council action on the updated schedule.

Totals reflect the five programs with currently adopted nonresidential fees. Retail/Commercial/Service proposed total: +$3.620/SF (+105.2%). Industrial proposed total: +$1.559/SF (+165.3%).
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Table Q-2b New Nonresidential Fee Categories and Programs The first row of Table Q-2b shows the proposed Institutional and Commercial Lodging fees for the five existing programs — these are new land use categories with no currently adopted fee. The remaining rows (yellow shading) are entirely new programs with no current nonresidential fee.

Program Retail, Commercial, &
Service Uses
Industrial
Uses
Institutional
Uses
Commercial
Lodging
Existing Programs (LE, Fire, BST, Flood, General) —
Institutional Category New Category New Category $21.790/SF $8,205/Room Water $0.043/SF $0.020/SF $0.089/SF $21/Room
Wastewater $0.036/SF $0.017/SF $0.074/SF $17/Room
Open Space $0.002/SF $0.001/SF $0.030/SF $41/Room
Jobs/Housing Linkage $22.160/SF $21.040/SF $112.230/SF $14,028/Room Yellow shading = New Program (no previously adopted fee for any nonresidential category). †† Jobs/Housing Linkage Fee is assessed on a separate legal basis from the infrastructure fees above and is maintained in a separate fund. It is supported by an independent employment linkage nexus analysis (Chapter 13) rather than a capital improvement program. Inland Empire cities that have adopted linkage fees have typically set adopted rates at 10 to 30 percent of the maximum justified ceiling shown here.

Table Q-3 Historical Fee Progression — 2006 Adopted, Current, and Proposed ($/DU) Table Q-3 provides historical context by showing each program's fee at three points in time: the January 23, 2006 adopted fee (Resolution No. 3981), the current FY 2023–24 fee, and the proposed 2026–27 maximum justified fee expressed as a per-dwelling-unit equivalent. Proposed fees use the AUS conversion from Table Q-1. With the exception of the Parks program, no program fees were adjusted between 2006 and the current schedule.

Program Single-Unit Residential ($/DU) Multi-Unit Residential ($/DU) Mobile Home ($/DU) 2006 Current Proposed 2006 Current Proposed 2006 Current Proposed Law Enforcement $471 $471 $719 $404 $404 $826 $298 $298 $494 Fire $560 $560 $2,666 $480 $480 $813 $354 $354 $1,791
Bridges, Streets, &
Traffic $2,948 $2,948 $912 $2,030 $2,030 $365 $1,537 $1,537 $402 Flood Control $1,405 $1,405 $2,041 $474 $474 $2,211 $1,147 $1,147 $1,639 Parks† $1,736 $1,453 $4,836 $1,490 $1,247 $3,812 $1,099 $920 $2,154 Valley-Wide Parks† $0 $283 $788 $0 $243 $621 $0 $179 $351 General Government $780 $780 $274 $669 $669 $259 $493 $493 $182 Library $735 $735 $1,509 $631 $631 $1,190 $465 $465 $672 Total $8,635 $8,635 $13,745 $6,178 $6,178 $10,097 $5,393 $5,393 $7,685 † Parks: The Parks column shows the base Park Development Fee (Fund 361). On August 22, 2006, the City created the Valley-Wide Parks Fee (Fund 362), allocating 16.3% of all new Parks DIF receipts to capacity-enhancing improvements at Diamond Valley Lake Community Park. The base fee was reduced by exactly 16.3% at that time so that the combined Parks + Valley-Wide fee equals the original 2006 adopted amount: SFR $1,453 + $283 = $1,736; MFR $1,247 + $243 = $1,490; MH $920 + $179 = $1,099. There was no net reduction in the total parks fee obligation. † Valley-Wide Parks: On August 22, 2006, the City created the Valley-Wide Parks Fee (Fund 362), allocating 16.3% of all Parks DIF receipts to capacityenhancing improvements at Diamond Valley Lake Community Park. The Valley-Wide fee is assessed separately from the base Parks fee; the 2006 column in Table Q-3 shows $0 because the Valley-Wide program was authorized after the January 23, 2006 fee adoption. The proposed fee reflects $0.342/SF (SFR), $0.671/SF (MFR), and $0.281/SF (MH) per the 2026–27 Nexus Study, yielding per-DU equivalents of $788 (SFR), $621 (MFR), and $351 (MH).
2006 source: City of Hemet Development Impact Fee Study, TischlerBise (January 3, 2006), Exhibit A — Residential Fee Schedule adopted January 23, 2006 (Resolution No. 3981).

Proposed fees reflect infrastructure DIFs only. New programs (Water, Wastewater, Open Space, Public Use Facilities, Jobs/Housing Linkage) have no 2006 or current residential fee and are excluded from this table; they are addressed in Tables Q-1 and Q-2. 358

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APPENDIX R

TOTAL DEVELOPMENT FEE BURDEN
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Appendix R - Total Development Fee Burden
This appendix presents the total upfront fee burden applicable to new development in the City of Hemet under the proposed 2026–27 DIF program.

Table R-1 breaks down every fee component by land use. Table R-2 provides a one-line-per-service-area grand total summary for quick reference.

Residential fees are per dwelling unit (DU). Nonresidential fees are per square foot of building area. Three service area scenarios reflect the three water and sewer providers operating within the City: the City's own utility area, Eastern Municipal Water District (EMWD), and Lake Hemet Municipal Water District (LHMWD). All fees reflect proposed or currently adopted rates as of April 2026.

Table R-2 — Total Fee Burden Summary
Grand Total — All Fees Combined by Service Area (Proposed 2026–27) Service Area SFR (per DU) MFR (per DU) Retail / Comm. (per SF) Industrial (per SF) Institutional (per SF)
Includes: City DIF (proposed) + TUMF + MSHCP + School Fees ($5.17/SF current rate) + Water/Sewer. TUMF SFR uses $15,470 (2,301–2,700 SF tier, matching Hemet avg. SFR of 2,304 SF). MSHCP SFR = low density; MFR = medium density. Nonresidential totals exclude EMWD water (varies by meter size). Institutional excludes TUMF (contact WRCOG).

City of Hemet Utility Area $51,791 $29,439 $16.166/SF $5.704/SF $23.639/SF EMWD Service Area (water +
sewer + recycled water) $69,494 $47,345 $20.288/SF $9.868/SF $27.677/SF LHMWD Service Area (water
+ sewer, MFR at 10 DU/ac) $64,466 $41,422 $20.599/SF $10.179/SF $27.988/SF City utility area water/sewer = City DIF ($957 SFR / $754 MFR). EMWD area = $18,660 residential ($7,738 water + $3,626 sewer collection + $6,876 treatment + $420 recycled water). LHMWD area = $3,130 LHMWD water + $10,502 EMWD sewer treatment. Nonresidential LHMWD/EMWD sewer component: $4.201/SF (0.40 EDU/KSF typical retail); LHMWD water: $0.311/SF. Contact administering agencies for project-specific figures. 360

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Table R-1 — Fee Component Detail
All Fee Components by Land Use (Proposed 2026–27)
Fee Component SFR (per DU) MFR (per DU) Retail/Comm. (per SF) Industrial (per SF) Institutional (per SF) City of Hemet Development Impact Fees — Proposed 2026–27 Infrastructure Programs
Law Enforcement $719 $826 $1.648/SF $0.532/SF $1.383/SF Fire Facilities $2,666 $813 $1.356/SF $0.039/SF $0.074/SF Transportation /
Circulation (BST) $912 $365 $3.284/SF $1.224/SF $0.642/SF Flood Control / Storm
Drainage $2,042 $2,211 $0.707/SF $0.645/SF $18.339/SF
General Facilities $275 $259 $0.066/SF $0.062/SF $1.704/SF Parks & Recreation (incl.

Valley-Wide) $5,625 $4,433 — — —
Library $1,509 $1,190 — — —
Community Centers /
Pub. Mtg. Fac.† $864 $682 — — —
Open Space† $4,354 $3,432 $0.002/SF $0.001/SF $0.030/SF Water & Wastewater
(City utility area only)† $957 $754 $0.079/SF $0.037/SF $0.163/SF City DIF Subtotal $19,923 $14,966 $7.142/SF $2.540/SF $22.335/SF Regional Mitigation Fees — Same Across All of Western Riverside County TUMF — Transportation
Uniform Mitigation Fee‡ $15,470 $7,816 $7.720/SF $1.860/SF See WRCOG‡ MSHCP — Multiple
Species Habitat
Conservation§
$4,486 $1,870 $0.464/SF $0.464/SF $0.464/SF
School Developer Fees — Hemet Unified School District
Current rate — $5.17/SF
(Level 1, Jan. 2024)¶ $11,912 $4,787 $0.840/SF $0.840/SF $0.840/SF 361

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Fee Component SFR (per DU) MFR (per DU) Retail/Comm. (per SF) Industrial (per SF) Institutional (per SF) Pending rate —
$5.38/SF (est. June
2026)¶
$12,395 $4,982 $0.875/SF $0.875/SF $0.875/SF
Water & Sewer Connection / Capacity Charges — Varies by Service Area City of Hemet Utility Area — included in City DIF above City Water &
Wastewater DIF
(included above)
$957 $754 $0.079/SF $0.037/SF $0.163/SF
Eastern Municipal Water District (EMWD)
Water Infrastructure
Capacity $7,738 $7,738 Varies** Varies** Varies**
Sewer (Collection +
Treatment) $10,502 $10,502 $4.201/SF $4.201/SF $4.201/SF Recycled Water Supply $420 $420 — — —
EMWD Total $18,660 $18,660 Sewer + water** Sewer + water** Sewer + water** Lake Hemet Municipal Water District (LHMWD)
LHMWD Water System
Facilities Charge†† $3,130 $2,235 $0.311/SF $0.311/SF $0.311/SF EMWD Sewer —
Treatment (LHMWD
territory)
$10,502 $10,502 $4.201/SF $4.201/SF $4.201/SF
LHMWD + EMWD
Total (water + sewer) $13,632 $12,737 $4.512/SF $4.512/SF $4.512/SF † New City DIF program — no current fee. City Water & Wastewater DIF applies only within the City's own utility service area (~5.25 sq mi of the 27.7 sq mi incorporated area). ‡ TUMF set by WRCOG (Apr. 1, 2025). SFR tiered by unit size: $12,382/DU (≤1,800 SF) / $13,923/DU (1,801–2,300 SF) / $15,470/DU (2,301–2,700 SF) / $19,342/DU (>2,700 SF). Table uses $15,470 (Hemet avg. SFR = 2,304 SF). MFR:
$7,816/DU flat. Retail: $7.72/SF; Industrial: $1.86/SF; Institutional: contact WRCOG. Source: tumf-calculator.ghd-digital.com. § MSHCP set by RCA/WRCOG, FY2026 (eff. July 1, 2025). SFR: $4,486/DU low density (<8 DU/ac). MFR: $1,870/DU medium density (8–14 DU/ac, representative); high density (>14 DU/ac) = $827/DU. Nonresidential: $20,191/acre = $0.464/SF.
¶ HUSD Level 1 fee: $5.17/SF currently adopted → $11,912/DU SFR (2,304 SF avg); $4,787/DU MFR (926 SF avg); $0.84/SF commercial. Board expected to consider increase to $5.38/SF residential / $0.875/SF commercial in June 2026. ** EMWD water capacity charge varies by meter size. Standard ¾" meter (1.0 EMS) = $7,738/DU residential. Nonresidential water excluded from per-SF totals — contact EMWD Development Services. EMWD sewer (Sewer FPC + Treatment): $10,502/EDU residential; nonresidential at 0.40 EDU/KSF = $4.201/SF (typical retail/service — verify with EMWD for project-specific EDU factor). †† LHMWD Water System Facilities Charge: $3,130/EDU (Jan. 2022). SFR: 1 EDU/DU = $3,130. MFR varies by density: ~$2,235 at 10 DU/ac; ~$1,896 at 12 DU/ac; ~$1,730 at 15 DU/ac. Commercial: 4.33 EDU/acre = $0.311/SF. In LHMWD territory, sewer treatment is provided by EMWD ($10,502/DU residential; $4.201/SF nonresidential).

Institutional Flood Control fee of $18.339/SF reflects the 0.725 runoff coefficient (same as commercial) combined with substantial projected growth in the LUDB. This is the maximum justified fee; City Council may adopt a lower rate.

All fees subject to change. Verify with administering agency prior to application. Grand totals are illustrative — actual fees depend on unit size, project density, meter size, and confirmed service area. 362

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END OF REPORT
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CITY OF HEMET DEVELOPMENT IMPACT FEE SCHEDULE
EFFECTIVE 7/27/2026
Fee Program
SFR
$/SF
MFR
$/SF
Mobile Home
$/SF
Comm. Lodging
$/RM
Retail
$/SF
Industrial
$/SF
Institution
$/SF
Law Enforcement Facilities $0.312 $0.892 $0.395 $3,453 $1.648 $0.532 $1.383 Fire Facilities $1.157 $0.878 $1.433 $4,255 $1.356 $0.039 $0.074 Bridges, Streets & Traffic $0.396 $0.394 $0.322 $227 $3.284 $1.224 $0.642 Flood Control (Storm Drainage) $0.886 $2.388 $1.311 $363 $0.707 $0.645 $18.339 Water System Facilities $0.227 $0.444 $0.186 $21 $0.043 $0.020 $0.089 Wastewater (Sewer) Facilities $0.189 $0.370 $0.155 $17 $0.036 $0.017 $0.074 General Government $0.119 $0.280 $0.146 $32 $0.066 $0.062 $1.704 Public Use Facilities $0.375 $0.736 $0.308 N/A N/A N/A N/A Library Facilities $0.655 $1.285 $0.538 N/A N/A N/A N/A Parkland & Open Space (max.) $1.164 $2.284 $0.956 N/A N/A N/A N/A Valley-Wide Park Fee N/A N/A N/A N/A
Open Space Acquisition $1.890 $3.706 $1.551 $41 $0.002 $0.001 $0.030 $7.370 $13.657 $7.301 $8,409 $7.142 $2.540 $22.335

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CITY OF HEMET - DEVELOPMENT IMPACT FEE (DIF) MASTER FEE SCHEDULE 2026-27 Development Impact Fees Per Infrastructure - Part 1 of 2 (Law Enforcement, Fire, Transportation, Flood Control, Water, Sewer) Land Use Cost Basis
Law Enforcement
Facilities Fire Facilities
Bridges, Streets &
Traffic Flood Control
Water System
Facilities
Wastewater System
Facilities
Single-Family Residential Per Square Foot $ 0.312 $ 1.157 $ 0.396 $ 0.886 $ 0.227 $ 0.189 Multiple-Family Residential Per Square Foot $ 0.892 $ 0.878 $ 0.394 $ 2.388 $ 0.444 $ 0.370 Mobile Home Dwelling Unit Per Square Foot $ 0.395 $ 1.433 $ 0.322 $ 1.311 $ 0.186 $ 0.155 Commerical Lodging Rooms Per Room $ 3,453 $ 4,255 $ 227 $ 363 $ 21 $ 17 Retail, Commercial & Service Uses Per Square Foot $ 1.648 $ 1.356 $ 3.284 $ 0.707 $ 0.043 $ 0.036 Industrial Uses Per Square Foot $ 0.532 $ 0.039 $ 1.224 $ 0.645 $ 0.020 $ 0.017 Institutional Uses Per Square Foot $ 1.383 $ 0.074 $ 0.642 $ 18.339 $ 0.089 $ 0.074 Development Impact Fees Per Infrastructure - Part 2 of 2 (General Government, Public Meeting, Library, Parks, Open Space) Land Use Cost Basis General Facilities
Public Meeting
Facilities Library Facilities
Parkland
AB-1600
Valley-Wide Parks
Fee
Open Space
Acquisition
Single-Family Residential Per Square Foot $ 0.119 $ 0.375 $ 0.655 $ 2.099 $ 0.342 $ 1.890 Multiple-Family Residential Per Square Foot $ 0.280 $ 0.736 $ 1.285 $ 4.117 $ 0.671 $ 3.706 Mobile Home Dwelling Unit Per Square Foot $ 0.146 $ 0.308 $ 0.538 $ 1.723 $ 0.281 $ 1.551 Commerical Lodging Rooms Per Room $ 32 $ - $ - $ - $ - $ 41 Retail, Commercial & Service Uses Per Square Foot $ 0.066 $ - $ - $ - $ - $ 0.002 Industrial Uses Per Square Foot $ 0.062 $ - $ - $ - $ - $ 0.001 Institutional Uses Per Square Foot $ 1.704 $ - $ - $ - $ - $ 0.030 Total Development Impact Fee Per Land Use
Land Use Cost Basis Total Infrastructure DIF
Single-Family Residential Per Square Foot $ 8.647
Multiple-Family Residential Per Square Foot $ 16.162
Mobile Home Dwelling Unit Per Square Foot $ 8.349
Commerical Lodging Rooms Per Room $ 8,409
Retail, Commercial & Service Uses Per Square Foot $ 7.141 Industrial Uses Per Square Foot $ 2.540
Institutional Uses Per Square Foot $ 22.334
Appendix A of DIF Calculation and Nexus Study April 2026

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jun 09 2026
Department: Finance
Submitted by: Noah Rau, Interim City Manager
Tiffany Barnett, Administrative Services Director;
☒ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

The City of Hemet Warrant Registers for May 7, 2026, and May 14, 2026, and Periodic Payroll Payments
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive and file the City of Hemet Warrant Registers and Periodic Payroll Payments.

BACKGROUND:

To ensure transparency, warrant registers listing all vendor payments made during a check cycle and periodic payroll payments are presented to the City Council to receive and file.

ANALYSIS:

Warrant Registers:
 May 7, 2026, in the amount of $777,644.99
 May 14, 2026, in the amount of $648,970.97
In this month's warrant register there were no payments in excess of $500,000.00.

Periodic Payroll Payments:
 April 27, 2026 - May 10, 2026, in the amount of $1,180,964.03 STRATEGIC PLAN INTEGRATION:

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.

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Objective 2: Increase transparency for the public.

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

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

Objective 1: Operate in a financially sustainable manner.

Objective 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:

All funds dispersed have been appropriated in the City's fiscal year budget.

ATTACHMENT(S):

Attachment 1: 050726 CHECK RUN REPORT
Attachment 2: 051426 CHECK RUN REPORT

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jun 09 2026
Department: Police Department
Submitted by: Noah Rau, Interim City Manager
Gonzalo Alvarez;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution Authorizing the Purchase of a 2026 Ford Ranger from Tim Moran Ford for the Use of the Inland Empire Financial Crimes Task Force
RECOMMENDED ACTION:

It is respectfully recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2026-074 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, TO AUTHORIZE THE PURCHASE OF A 2026 FORD RANGER FROM TIM

MORAN FOR THE USE BY THE INLAND EMPIRE FINANCIAL CRIMES TASK FORCE,

AUTHORIZE THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO

SUPPORT THE PURCHASE, AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO ESTABLISH SUPPLEMENTAL APPROPRIATIONS OF $43,185.99 FROM MEASURE U FUND

BALANCE TO HEMET POLICE DEPARTMENT OPERATING BUDGET
BACKGROUND:

Measure U was approved by Hemet voters to provide additional locally controlled funding for essential City services, including public safety, infrastructure improvements, and community programs. Revenue generated through Measure U has provided the city with the ability to address operational needs and maintain critical municipal services.

The Hemet Police Department participates in the Inland Empire Financial Crimes Task Force (IEFCTF), a joint initiative led by the United States Postal Inspection Service (USPIS). The task force investigates financial fraud, identity theft, counterfeit securities, mail theft, and related offenses throughout the Inland Empire region. Participation in the task force strengthens collaboration between federal and local law enforcement agencies and enhances the department’s ability to investigate complex financial crimes impacting Hemet residents and businesses.

Pursuant to the executed Memorandum of Understanding (MOU) between the Hemet Police Department and the United States Postal Inspection Service (USPIS), adopted on December 9, 2025, the Department agrees to furnish vehicles for their assigned investigators and provide them

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immediate access to such vehicles to travel from their residences in order to be able to respond to joint initiative-related emergency call-outs. This purchase will satisfy this commitment.

In partnership, the United State Postal Inspection Service agrees to provide the City a monthly stipend of $850 for the sole use of providing an acceptable vehicle for the Task Force Officer to use in furtherance of their obligations under the MOU. This stipend incorporates all associated costs for the vehicle to include routine maintenance and minor repairs of the vehicle.

To support participation in the task force and maintain operational readiness, the Police Department has identified the need for a dedicated vehicle for task force operations and investigative use.

Reliable and properly equipped vehicles are essential to ensuring assigned personnel can effectively carry out enforcement activities, investigations, and related operational responsibilities associated with the task force.

ANALYSIS:

Reliable fleet vehicles are necessary for investigations, transportation, surveillance, emergency response, and other public safety functions associated with task force operations. The purchase of a new vehicle estimated to cost approximately $43,185.99 will support the Department’s ability to maintain operational efficiency, expand investigative capabilities, and continue participating in regional financial crimes investigations.

This action will not create any new positions or ongoing financial obligations beyond the appropriated amount. The transfer represents a one-time allocation of existing Measure U funds and is consistent with the City’s financial management practices and voter-approved spending priorities related to public safety. The vehicle acquisition will be completed in accordance with the City’s purchasing policies and procurement requirements.

DISCUSSION:

Public safety remains one of the City’s highest priorities. The Hemet Police Department relies heavily on dependable vehicles to carry out daily operations, emergency response activities, investigations, and proactive policing efforts throughout the City and surrounding region.

The Inland Empire Financial Crimes Task Force provides the City with access to additional investigative resources, interagency collaboration, and federal expertise in addressing identity theft, fraud, mail theft, and related financial crimes. The purchase of a dedicated new task force vehicle will enhance operational readiness, improve investigative responsiveness, and ensure assigned personnel have the necessary equipment and mobility to effectively perform task force-related duties throughout the region.

In accordance with the City’s procurement ordinances, staff solicited three quotes for the requested vehicle. All submitted quotes were below the $75,000 threshold, which authorizes the City Manager to approve the purchase. Of the three dealerships contacted, Tim Moran Ford was the only dealership able to obtain the requested XLT model that meets the City’s operational needs. Ken Grody Ford only had the XL model available, while Fritts Ford only had the Lariat model available.

The proposed appropriation will transfer $43,185.99 from the available Measure U Fund Balance into the Hemet Police Department Operating Budget, Account No. 115-09-1000-65400, for the purchase of a Police Department vehicle assigned to the Inland Empire Financial Crimes Task Force.

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Utilizing Measure U funding for this purpose is consistent with the voter-approved intent of supporting public safety services and infrastructure. Approval of the resolution demonstrates the City Council’s continued commitment to supporting law enforcement operations, regional partnerships, and investments necessary to maintain public safety services for the Hemet community.

PREVIOUS COUNCIL ACTION:

The City Council has previously approved Resolution No. 25-376 on December 9, 2025 for the Memorandum of Understanding between the United States Postal Inspection Service and the City of Hemet Police Department.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 3: Increase Public Safety visibility and response.

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

Objective 2: Increase transparency for the public.

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

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

Objective 1: Operate in a financially sustainable manner.

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

FISCAL IMPACT:

The proposed appropriation represents a one-time use of available Measure U reserves for the purchase of a task force vehicle estimated to cost approximately $43,185.99.

Under the MOU with the United States Postal Inspection Service, a stipend of $850 per month will be provided to help offset the cost.

ALTERNATIVE(S):

1. Approve the recommended action and authorize the appropriation of $43,185.99 from the Measure U Fund Balance to the Hemet Police Department Operating Budget, Account 115-09- 1000-65400, for the purchase of a new Police Department vehicle assigned to the Inland Empire Financial Crimes Task Force.

2. Decline to approve the recommended action, which may limit the Police Department’s ability to expand investigative fleet resources, maintain operational readiness, and support continued participation in the Inland Empire Financial Crimes Task Force.

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3. Provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment No. 1 - Resolution No. 2026-074
Attachment No. 2 - Tim Moran Quote
Attachment No. 3 - Fritts Ford Quote
Attachment No. 4 - Ken Grody Quote
Attachment No. 5 - Email from Ken Grody - No XLT available Attachment No. 6 - USPIS and HPD MOU
Attachment No. 7 - Updated USPIS and HPD MOU

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CITY OF HEMET RESOLUTION NO. 2026-074 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2026-074

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, TO AUTHORIZE THE
PURCHASE OF A 2026 FORD RANGER FROM TIM

MORAN FOR THE USE BY THE INLAND EMPIRE

FINANCIAL CRIMES TASK FORCE, AUTHORIZE THE

CITY MANAGER TO EXECUTE ALL NECESSARY

DOCUMENTS TO SUPPORT THE PURCHASE, AND

AUTHORIZE THE ADMINISTRATIVE SERVICES

DIRECTOR TO ESTABLISH SUPPLEMENTAL
APPROPRIATIONS OF $43,185.99 FROM MEASURE U

FUND BALANCE TO HEMET POLICE DEPARTMENT

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

WHEREAS, Measure U was approved by the voters of the City of Hemet to provide additional locally controlled funding for essential City services, including public safety, infrastructure improvements, and community programs; and WHEREAS, the Hemet Police Department participates in the Inland Empire Financial Crimes Task Force (IE-FCTF), a multi-agency partnership led by the United States Postal Inspection Service (USPIS), dedicated to investigating financial fraud, identity theft, counterfeit securities, mail theft, and related crimes throughout the Inland Empire region; and
WHEREAS, participation in the Inland Empire Financial Crimes Task Force enhances collaboration between federal and local law enforcement agencies and

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CITY OF HEMET RESOLUTION NO. 2026-074 2
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strengthens the City’s ability to investigate complex financial crimes impacting Hemet residents and businesses; and
WHEREAS, reliable and properly equipped police vehicles are necessary to support investigations, transportation, surveillance, emergency response, and other operational responsibilities associated with task force participation and public safety operations; and
WHEREAS, to support continued participation in the Inland Empire Financial Crimes Task Force and maintain operational readiness, the Hemet Police Department has identified the need for a dedicated vehicle for task force operations and investigative use; and
WHEREAS, pursuant to the executed Memorandum of Understanding (MOU) between the Hemet Police Department and the United States Postal Inspection Service (USPIS), adopted on December 9, 2025, the Department agrees to furnish vehicles for their assigned investigators and provide them immediate access to such vehicles to travel from their residences in order to be able to respond to joint initiative-related emergency call-outs. This purchase will satisfy this commitment; and WHEREAS, the United State Postal Inspection Service agrees to provide the City a monthly stipend of $850 for the sole use of providing an acceptable vehicle for the Task Force Officer to use in furtherance of their obligations under the MOU. This stipend incorporates all associated costs for the vehicle to include routine maintenance and minor repairs of the vehicle; and
WHEREAS, participation in the Inland Empire Financial Crimes Task Force provides substantial benefits to the City of Hemet and its residents by enhancing

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CITY OF HEMET RESOLUTION NO. 2026-074 3
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investigative resources, improving coordination with federal partners, and increasing the department’s capacity to address complex financial and mail-related crimes.

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

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

SECTION 2. Authorize the Administrative Services Director to establish supplemental appropriations in the amount of $43,185.99 from the Measure U Fund Balance to the Hemet Police Department Operating Budget, Account No. 115-09-1000- 65400, for the purchase of a new Police Department vehicle assigned for use by the Inland Empire Financial Crimes Task Force.

SECTION 3. Authorize the City Manager to execute all necessary documents and take administrative actions required to implement the appropriation and procurement of the vehicle in accordance with City purchasing policies and procedures.

SECTION 4. This Resolution shall become effective upon adoption.

PASSED, APPROVED AND ADOPTED this 9th day of June, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, City Clerk

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CITY OF HEMET RESOLUTION NO. 2026-074 4
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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 9th day of June, 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

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' City of Hemet TIMM@RAN R.

Stock# TLE18244
Salesperson: Dina Castanon - Fleet
5/7/2026 9:54 AM
Incentive programs and rebates are estimates, subject to change and veri?cation. Tax Pro?le: 8.75% Tax

CASH PURCHASE
Market Value 41,950.00
Discount Savings - 2,865.81
Vehicle (after Savings) 39,084.19
0 .tional Accessories 500.00
Sub Total 39,584.19
Taxes I Fees 3,601.80
Due On Delivery 43,185.99

PURCHASE DETAILS TAXES AND FEES
Market Value ...................... 41,950.00 Document Prep Fee ................ 85.00 Discount Savings ................... - 2,865.81 License/Title ...................... 37.00 Net Vehicle Price .................. 39,084.19 Tire/BatteryNT R ................... 8.75 Optional Accessories ................ 500.00 Sales/Use Tax ..................... 3,471.05 TOTAL ........................... 43,185.99
Optional Accessories: 1 Extra keyl Fob $500
Payments for the vehicle without Optional Accessories are available upon request (excludes pre-installed items).

TimMoran FamilyPlan (‘Irrclmted with EveryVehEEIePurchase) " Future Trade In Bonus = $250 ‘ Lifetime Car Washes” " Lifetime MuiIHDDintInspections ‘ Lifetime KolaFob Battery Reptacement " Silent Security Theft Deterrent ' Pre—OwnedVehicle Service Contract‘ ‘ lifetime I’m—VacationCheck Up " Enrollment in Reward Program *Quali?edpre—owned vehicles, ask your sales consultant for details. "Must use Car Wash weenie; on Mobile Ape
Interest Rates, Pricing, Rebates and Terms are estimates, subject to change and apply only on 5/7/2026.

FOR INTERNAL USE ONLY Tim Moran Ford -- (951) 658-3181 01.06.78.76 © Copyright (C) 2026 Guest Concepts, Inc. Page 9 of 34 — All Rights Reserved

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2026 RANGER

RANGER CLOTH SEATS
300A
$41,950 msap
Stock ID:

Exterior Color

SHADOW BLACK
Interior Color

EBONY INTERIOR TRIM

CLOTH SEATS
Power & Handling

2.3L ECOBOOST ENGINE
10-SPEED AUTO TRANSMISSION
Exterior Features
EASY FUEL® CAPLESS FILLER

FENDER BADGE

FOG LAMPS

FULLSIZE SPARE TIRE/WHEEL

FULLYBOXED STEEL FRAME

HEADLAMPS - AUTO HIGH BEAM

LEDREFLECTOR HEADLAMPS

PRIVACY GLASS

REMOTE TAILGATE LOCK

TAILLAMPS-LED

WHEEL LIP MOLDINGS
Interior Features
* 1TOUCH UP/DOWN DR/PASS WIN
2ND ROW FOLD BENCH
2ND ROW UNDER SEAT STORAGE
8" CLUSTER DISPLAY

AUTO-DIM REARVIEW MIRROR

CARPET FLOORING

DUALVISOR VANITYMIRRORS

LOCKING GLOVE BOX

POWER LOCKS AND WINDOWS
POWERPOINTS-12V, USB

TILT/TELESCOPE STR COLUMN
Functional
» AUDIO - 6 SPEAKERS
19 City/24 Hwy
EPA Estimated MPG

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BLIS W/CROSS TRAFFIC ALERT

BRAKES - ANTI-LOCKSYSTEM

FORD APP
FORD CO—PILOT360®

LANEKEEPINGSYSTEM
MODEM

PRE-COLLISION ASSIST W/AEB

REAR VIEW CAMERA

REMOTE KEYLESS ENTRY

REMOTE START SYSTEM
SYNC®4A
Safety/Security
AIRBAGS - SAFETY CANOPY®

BELT-MINDERCHIME

CTR HIGH MOUNT STOP LAMP

LATCHCHILDSAFETY SYSTEM
SECURILOCK® ANTI—THEFTSYS

TIRE PRESSURE MONITSYS
Warranty 6IC
3YR/36,000 BUMPER / BUMPER
5YR/60,000 POWERTRAIN
5YR/60,000 ROADSIDE ASSIST
Options
2026 MODEL YEAR

SHADOW BLACK

EBONY CLOTH SEATS

2.3L ECOBOOST ENGINE
10—SPEEDAUTO TRANSMISSION
255/65R 18 A/T TIRE
4X4 REGIONAL DISCOUNT PKG
50 STATE EMISSIONS

BLACKAPPEARANCE PACKAGE
18" BLACK PAINTED ALUMWHEEL

BLACKGRILLE

FRONT LICENSE PLATE BRACKET

TRAILERTOW PACKAGE
FRONT
&SEAT AIR BAGS
EQUIPMENT GROUP 300A
4X4 REGIONAL DISCOUNT PKG
128.7 INCHWHEELBASE

CARPET FLOORING
SYNC 4A HIGH

MANUALA/C, SINGLE ZONE
AM/FM RADIO,4 CHAN/SDARS
CNCTD NAV (1—YRTRIAL)
JOB #1 ORDER
FORD CO-PILOT360

XLTSERIES

CLOTH SEATS

EBONY INTERIORTRIM
Dealer Add-ans
No Add-ons.

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Candace @ City of Hemet
2026 FORD RANGER XL
VIN: 1FTER4PH1TLE17998
Stock# B261861
Salesperson: Luis Perez
05/11/2026 12:26 PM
Incentive programs and rebates are estimates, subject to change and verification. Tax Profile: 8.75% Tax

CASH PURCHASE
Market Value 38,790.00
Vehicle (after Savings) 36,566.00
Taxes / Fees 3,300.71
Due On Delivery 39,866.71
Discount Savings - 2,224.00

TAXES AND FEES
Document Prep Fee . . . . . . . . . . . . . . . .

Tire/Battery/VTR . . . . . . . . . . . . . . . . . . .

Sales/Use Tax . . . . . . . . . . . . . . . . . . . . .

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . .

PURCHASE DETAILS
Market Value . . . . . . . . . . . . . . . . . . . . . .

Discount Savings . . . . . . . . . . . . . . . . . . .

Net Vehicle Price . . . . . . . . . . . . . . . . . .
38,790.00
- 2,224.00
36,566.00

85.00 8.75
3,206.96
39,866.71
FOR INTERNAL USE ONLY 01.06.78.76
Interest Rates, Pricing, Rebates and Terms are estimates, subject to change and apply only on 05/11/2026.

Ken Grody Ford - Redlands -- (909) 643-8641

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From: Luis Perez
To: Candace Sunds
Cc: Art Paez
Subject: Re: Request for Pricing and Availability – 2026 Ford Ranger XLT (4x4) Date: Monday, May 11, 2026 12:22:44 PM
Attachments: CANDACE CITY OF HEMET.PDF
ranger 4x4.pdf
Screenshot 2026-05-11 121808.png
Warning: This email originated from outside the City of Hemet. Think before you click! Here you go Candace, I only have XL/STX currently that will meet your specs, sorry I have ZERO XLT's between all 3 stores and 6 storage lots. I have Lariat and Raptors that are $20,000 more so I'm not going to quote them. I'm going to eat the cost of the 3rd key and delivery as I always do with you guys. Let me know if you need anything else, I always appreciate the opportunity.

PicLink:Image Gallery - Ken Grody Ford of Redlands
Thank you,
Luis Perez
Fleet Manager
Ken Grody Ford Redlands
1121 W. Colton Ave
Redlands, CA 92374
Mobile (909)908-4828 Call or Text
Office (909)793-3211 ext. 125
[email protected]
From: Candace Sunds <[email protected]>
Sent: Wednesday, May 6, 2026 2:26 PM
To: [email protected] <[email protected]>; Christopher Achtemeier <[email protected]>; Vikiy Garay <[email protected]>; Luis Perez <[email protected]>
Cc: Art Paez <[email protected]>
Subject: Request for Pricing and Availability – 2026 Ford Ranger XLT (4x4) Good afternoon,
The City is requesting pricing and availability for the purchase of one (1) 2026 Ford Ranger XLT with the following minimum specifications:
4x4 drivetrain (required)
Exterior colors acceptable: silver, white, or black (no unique or specialty colors) Must include three (3) total keys
Please provide a written quote that includes all applicable costs, including taxes, delivery/shipping, and any additional fees. Pricing must be all-inclusive and must also include exempt license plates.

Bids must be received no later than Monday, May 11, 2026 at 3:00 PM.

Please note that local vendor preference will be applied in accordance with applicable City ordinances.

If you have any questions or require clarification, feel free to reach out. We appreciate your time and look forward to your response.

Thank you!
Candace Sunds
Procurement Administrator
Administrative Services
Phone: (951) 765-2348
Web: www.hemetca.gov
Email: [email protected]
445 E. Florida Ave., Hemet, CA 92543

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jun 09 2026
Department: Police Department
Submitted by: Noah Rau, Interim City Manager
Dale Digiambattista, Public Safety Support Services Manager; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution Authorizing the City Manager to Execute a Purchase Agreement Between the City of Hemet and Hi-Desert Communications for Fifty-Four (54) Harris XL-300 Portable Radios RECOMMENDED ACTION:

It is respectfully recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2026-081 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEMET, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE

AGREEMENT BETWEEN THE CITY OF HEMET AND HI-DESERT COMMUNICATIONS FOR FIFTY-FOUR (54) HARRIS XL-300 PORTABLE RADIOS, INCLUDING ASSOCIATED ACCESSORIES AND PROGRAMMING, IN AN AMOUNT NOT TO EXCEED $499,565.07, AND AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR TO APPROPRIATE $250,000.00

FROM THE MEASURE U FUND BALANCE TO POLICE DEPARTMENT OPERATING BUDGET BACKGROUND:

The Hemet Police Department has been utilizing Harris handheld radios as a reliable and costeffective solution for law enforcement communications since 2014, when the Department began transitioning to interoperable, multi-band radios able to support the many changes in law enforcement communications seen since, including narrow-banding, encryption, and open P25 standards. These radios allow direct communication between officers in the field, as well as with the Communications Center and partner agencies.

ANALYSIS:

The Department operates 126 handheld radios for staff, with 54 being more modern XL-200 model radios, but 72 being much older XG-100 model radios. Some of the XG-100 radios still in use today were originally purchased in 2014-2015, and across the fleet, these radios are worn and in need of replacement. The XG-100 model was discontinued from sale in 2020, and manufacturer support ended in 2022. These radios have remained operational through the assistance of local vendor

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support. Spare parts are extremely limited, and radios deemed beyond repair are often used as a source for replacement components.

Maintaining a standardized radio platform promotes familiarity with equipment operation during highstress incidents and ensures compatibility of accessories, including batteries and remote speaker microphones, across the Department fleet. The Harris XL-300 is the current generation multi-band platform and includes encryption, Bluetooth, GPS capabilities, and future expansion options including supplemental 5G connectivity and enhanced over-the-air software updates. The Department can obtain fifty-four (54) Harris XL-300 radios, with batteries, chargers, and speaker/mics, and required programming for $499,565.07.

DISCUSSION:

Replacing aged handheld radios will ensure the Hemet Police Department retains the ability to reliably and safely communicate in the field and to dispatch, as well as with regional law enforcement partners.

Staff have reviewed other radios with similar capabilities and found the XL-300 to be the best fit for the Department, based on cost effectiveness, reliability, and ease of integration with the existing deployed radio fleet.

Due to Harris' regional sales structure and the Police Department's operational need to maintain compatibility with existing deployed equipment, this purchase qualifies as a sole-source procurement.

However, because the vendor participates in a competitively solicited cooperative purchasing program and the pricing is being provided through NASPO ValuePoint Cooperative Purchasing Agreement No. 00318, a sole-source justification is not required to comply with the City's procurement requirements.

PREVIOUS COUNCIL ACTION:

None
STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

FISCAL IMPACT:

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The total cost for the purchase of fifty-four (54) Harris XL-300 portable radios, including batteries, chargers, speaker microphones, accessories, and required programming, is $499,565.07. Staff requests supplemental appropriations of $250,000.00 from the Measure U fund balance to the Police Department operating budget, with the remaining $249,565.07 funded through available Citizens' Option for Public Safety (COPS) Allocation funds.

No additional General Fund appropriation is requested.

ALTERNATIVE(S):

Alternative 1: Direct staff to evaluate and procure a different radio platform. While alternative products are available, including models utilized by neighboring agencies, transitioning to a different manufacturer would increase costs associated with equipment replacement, accessory compatibility, training, and fleet standardization. It may also create operational inconsistencies within the Department’s communications system.

Alternative 2: Take no action. Under this option, the Department would continue utilizing aging XG100 radios that are no longer manufacturer supported. Continued use would increase maintenance challenges and risk reduced reliability due to limited parts availability and aging equipment.

ATTACHMENT(S):

Attachment 1 Resolution No. 2026-081
Attachment 2 Quote 256095(REV 4) - 54 XL-300 Portable Radios 5-11-26 (002) Attachment 3 Sole Source Hi Desert Letter - Hemet Police Department 5-20-26 Attachment 4 NASPO Agreement
Attachment 5 NASPO Pricing

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CITY OF HEMET RESOLUTION NO. 2026-081 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2026-081

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE A PURCHASE AGREEMENT

BETWEEN THE CITY OF HEMET AND HI-DESERT
COMMUNICATIONS FOR FIFTY-FOUR (54) HARRIS XL300 PORTABLE RADIOS, INCLUDING ASSOCIATED

ACCESSORIES AND PROGRAMMING, IN AN AMOUNT
NOT TO EXCEED $499,565.07, AND AUTHORIZING THE

ADMINISTRATIVE SERVICES DIRECTOR TO
APPROPRIATE $250,000.00 FROM THE MEASURE U

FUND BALANCE TO POLICE DEPARTMENT

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

WHEREAS, the Hemet Police Department utilizes handheld radios as a critical component of officer safety and public safety communications; and WHEREAS, since 2014, the Hemet Police Department has deployed Harris handheld radios to support interoperable, multi-band communications compliant with narrow-banding, encryption, and open P25 standards; and WHEREAS, the Department currently operates approximately 126 handheld radios, including seventy-two (72) aging Harris XG-100 radios, many, originally purchased between 2014 and 2015; and
WHEREAS, the Harris XG-100 radio model was discontinued from sale in 2020, with manufacturer support ending in 2022, resulting in limited availability of replacement parts and increasing maintenance challenges; and

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CITY OF HEMET RESOLUTION NO. 2026-081 2
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WHEREAS, maintaining a standardized radio platform promotes operational consistency, familiarity during critical incidents, interoperability, and compatibility with existing accessories and equipment; and
WHEREAS, the Harris XL-300 portable radio platform provides enhanced functionality including encryption, Bluetooth capability, GPS functionality, and future expansion options for supplemental 5G connectivity and over-the-air software updates; and
WHEREAS, staff reviewed available alternatives and determined the Harris XL300 radio platform to be the most cost-effective and operationally compatible solution for the Hemet Police Department; and
WHEREAS, Hi-Desert Communications has provided a proposal for the purchase of fifty-four (54) Harris XL-300 portable radios, including batteries, chargers, speaker microphones, accessories, and required programming, in a total amount not to exceed Four Hundred Ninety-Nine Thousand Five Hundred Sixty-Five Dollars and Seven Cents ($499,565.07); and
WHEREAS, due to Harris’ regional sales structure and the operational need to maintain compatibility with existing deployed equipment, the purchase qualifies as a sole-source procurement; and
WHEREAS, staff recommends appropriating Two Hundred Fifty Thousand Dollars ($250,000.00) from the Measure U fund balance to Police Department operating account #115-09-1000-52700, with the remaining Two Hundred Forty-Nine Thousand Five Hundred Sixty-Five Dollars and Seven Cents ($249,565.07) funded through available Community Oriented Policing Services (COPS) Allocation funds; and

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CITY OF HEMET RESOLUTION NO. 2026-081 3
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WHEREAS, no additional General Fund appropriation is requested.

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

SECTION 1. The recitals set forth above are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby authorizes the City Manager, or designee, to execute a purchase agreement with Hi-Desert Communications for the purchase of fifty-four (54) Harris XL-300 portable radios, including associated accessories and programming, in an amount not to exceed $499,565.07.

SECTION 3. The City Council hereby approves the appropriation of $250,000.00 from the Measure U fund balance to Police Department operating account #115-09- 1000-52700 for this purpose and authorizes the Administrative Services Director to record the supplemental appropriation.

SECTION 4. The remaining project balance of $249,565.07 shall be funded through available Community Oriented Policing Services (COPS) Allocation funds.

SECTION 5. The City Manager, Administrative Services Director, and all other appropriate City officials are hereby authorized and directed to take all actions necessary to carry out the intent of this Resolution.

SECTION 6. This Resolution shall take effect immediately upon adoption.

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CITY OF HEMET RESOLUTION NO. 2026-081 4
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PASSED, APPROVED AND ADOPTED this 9th day of June, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, City Clerk

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CITY OF HEMET RESOLUTION NO. 2026-081 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 9th day of June, 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

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Proposal #256095
Date: 5/19/2026
Valid To: 6/18/2026
Prepaired By: Clifford "Ski" Zwarkowski Office: 760 243 2332 Email [email protected] Fax: 760 243 0886
Company: HEMET POLICE DEPARTMENT
Requested By: Dale Digiambattista
Phone: 951-765-2400
Email: [email protected]
Quantity Item Number Description Each Total
L3/HARRIS XL-200 PORTABLE RADIO
54 XD-PFM3M-5G L3/HARRIS XL-300 Portable Radio (List $4,995.00) $ 3,496.50 $ 188,811.00 54 XD-PL5K FEATURE: OTAP (Over the Air Programming) (List $395.00) $ 276.50 $ 14,931.00 54 XD-PL5L FEATURE: OTAR (Over the Air Re-Keying) (List $700.00) $ 490.00 $ 26,460.00 54 XD-PL4F FEATURE: P25 Phase II TDMA (List $275.00) $ 192.50 $ 10,395.00 54 XD-PKG8F FEATURE: 256 -AES, 64 DES Encryption (List $785.00) $ 549.50 $ 29,673.00 54 XD-PKGPT FEATURE: P25 Trunking (List $1,800.00) $ 1,260.00 $ 68,040.00 54 XD-PKGF1 FEATURE: All Bands VHF/UHV/7-800MHz (List $1,795.00) $ 1,256.50 $ 67,851.00 54 XD-PA4K Battery 4800 MAH (List $250.00) $ 175.00 $ 9,450.00 54 XD-NC5Z Antenna 136-870 MHz (List $150.00) $ 105.00 $ 5,670.00

ACCESSORIES AND OPTIONS
54 XD-AE4B Speaker Microphone with Emergency Button (List $255.00) $ 178.50 $ 9,639.00 54 XD-HC3L Belt Clip (List $35.00) $ 24.50 $ 1,323.00
54 XD-CH6F Single Unit Rapid Desk Charger (List $250.00) $ 175.00 $ 9,450.00 54 XD-Y3EWP 3 Year Extended Factory Warranty $ 220.00 $ 11,880.00 28 XD-PA4K Battery 4800 MAH (List $250.00) $ 175.00 $ 4,900.00 Hi-Desert Communications Equipment: $ 458,473.00
17181 Jasmine Street Sales Tax: $ 40,116.39
Victorville, CA 92395 Labor:

Travel:

Quote is valid for 30 days after creation. Programming: $ 250.00 Estimated Shipping: $ 725.68
Total: $ 499,565.07

PRICING ON THIS PROPOSAL IS IAW THE CURRENT NASPO

AND HGAC CONTRACTS

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assuredcommunications™

HARRIS CORPORATION
RF Communications Division
221 Jefferson Ridge Parkway
Lynchburg, VA 24501
phone 1-434-455-6600
www.harris.com
City of Hemet Police Department
450 E Latham Avenue
Hemet, CA 92543
Attention: Dale Digiambattista
May 20, 2026
Dear Dale Digiambattista,
I would like to confirm that Hi-Desert Communications is the only reseller authorized to sell Harris and Harris powered by Tait products and services to the City of Hemet and their associated agencies.

Harris has assigned the City of Hemet Account to CAZCOM, Inc., dba Hi-Desert Communications as our exclusive representative.

Please let me know if I can be of any further assistance.

Sincerely,
Garth Dillon
Channel Manager - West
Mobile 925-418-9694
pspc.harris.com / [email protected]
221 Jefferson Ridge Parkway
Lynchburg, VA 24501

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17.B.

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COOPERATIVE PURCHASING MASTER AGREEMENT
NO. 00318

PUBLIC SAFETY COMMUNICATIONS PRODUCTS, AND SERVICES SOLUTIONS For Use by Eligible Purchasing Entity
By and Between

STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES
and
L3HARRIS TECHNOLOGIES, INC.

Dated September 1, 2021

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17.B.

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 1 (Rev. 2020-03-11)

COOPERATIVE PURCHASING MASTER AGREEMENT
NO. 00318

PUBLIC SAFETY COMMUNICATIONS PRODUCTS, AND SERVICES SOLUTIONS FOR
SUB-CATEGORY 1.1 RADIO SINGLE-BAND PORTABLE RADIO (P25) SUB-CATEGORY 1.2 RADIO SINGLE-BAND MOBILE RADIO (P25)
SUB-CATEGORY 1.4 RADIO MULTI-BAND PORTABLE RADIO (P25)
SUB-CATEGORY 1.6 RADIO MULTI-BAND DESKTOP RADIO (P25)
SUB-CATEGORY 1.7 RADIO BASE STATION/REPEATER (P25)
CATEGORY 4 DISPATCH CONSOLES

COMPLETE TURNKEY RADIO SOLUTION
This Cooperative Purchasing Master Agreement (“Cooperative Purchasing Master Agreement”) is made and entered into by and between Enterprise Services acting by and through the State of Washington (“Enterprise Services”) and L3Harris Technologies, Inc., an Delaware corporation (“Contractor”) and is dated and effective as of September 1, 2021.

R E C I T A L S
A. Pursuant to Legislative authorization, Enterprise Services, on behalf of the State of Washington, is authorized to develop, solicit, and establish Cooperative Purchasing Master Agreements for goods and services to support Washington state agencies. See RCW 39.26.050(1). The Washington State Legislature has authorized Enterprise Services to make these Cooperative Purchasing Master Agreements available, pursuant to agreement in which Enterprise Services ensures full cost recovery, to other local or federal government agency or entity, public benefit nonprofit organizations, or any tribes located in the State of Washington. See RCW 39.26.050(1) & (2).

B. The Washington State Legislature also has authorized Enterprise Services to participate in, sponsor, conduct, or administer certain cooperative purchasing agreements for the procurement of goods or services. See RCW 39.26.060(1). One of the approaches that Enterprise Services utilizes to participate in cooperative purchasing agreements with other states is NASPO ValuePoint.

C. NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, is a nonprofit subsidiary of the National Association of State Procurement Officials (NASPO).

The NASPO ValuePoint purchasing cooperative program is led by state procurement officers from member states. NASPO ValuePoint does not award contracts; rather, it assists states, for an administrative fee, in their collaboration pertaining to solicitations and the resulting master agreements.

D. Pursuant to the NASPO ValuePoint cooperative purchasing model, a state serves as the ‘lead state’ to conduct a competitive procurement in compliance with that state’s procurement laws and award a cooperative purchasing master agreement with a contractor for the specified goods or services. States (including the District of Columbia and the organized territories of the United States), including the lead state, then may participate in that cooperative purchasing master agreement by executing a Participating

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17.B.

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 2 (Rev. 2020-03-11)
Addendum. Until a Participating Addendum is executed by the applicable state (a ‘participating entity’), no agency or other eligible organization (a ‘purchasing entity’) may purchase pursuant to the cooperative purchasing master agreement. Under Washington law, at the time of solicitation, states may provide supplemental substantive terms and conditions to inform the competitive procurement. In addition, pursuant to their Participating Addendum, states may require certain administrative terms and conditions (e.g., a vendor management fee for sales within the state, state registration and reporting). Contractor, however, has no obligation to condition execution of a Participating Addendum on substantive terms and conditions that were not competitively procured.

E. Enterprise Services, as part of a cooperative purchasing competitive governmental procurement, with administrative support from NASPO ValuePoint, issued Competitive Solicitation No. 00318 dated November 16, 2020 regarding Public Safety Communications Products, Services and Solutions (“Public Safety Radio”). Sixteen (16) states indicated an intent to utilize the resulting Cooperative Purchasing Master Agreement.

F. Enterprise Services and a stakeholder team consisting of representatives from Washington, California, Alaska, Oregon, Montana, Tennessee, Colorado and Nevada evaluated all responsive bids to the Competitive Solicitation and identified Contractor as an Apparent Successful Bidder for the Category identified above.

G. Enterprise Services determined that entering into this Cooperative Purchasing Master Agreement will meet the cooperative purchasing needs and be in the best interest of the State of Washington.

H. The purpose of this Cooperative Purchasing Master Agreement is to enable Participating or Purchasing Entities to purchase Public Safety Radio products and services, in the awarded Category as set forth herein.

A G R E E M E N T
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto hereby agree as follows:

1. TERM. The term of this Master Agreement begins September 1, 2021 and ends on December 31, 2026; provided, however that, the contract term shall be extended for twenty-four (24) months if, in Enterprise Services’ sole, reasonable judgement, which shall occur no later than June 30, 2025, Contractor meets the following performance metrics:
▪ Reports: Contractor provides timely and accurate reports as detailed in this Master Agreement and Participating Addendums; and
▪ Administrative Fee Payments: Contractor provides timely and accurate Administrative Fee payments as detailed in this Master Agreement and Participating Addendums.

Notwithstanding any provision to the contrary, to effectuate a smooth transition for Participating States and Purchasing Entities for Public Safety Communications Products, Services and Solutions to begin on September 1, 2021, Contractor shall provide implementation and transition support to Participating States who wish to utilize the Master Agreement, beginning upon the date such

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17.B.

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 3 (Rev. 2020-03-11)
Participating State and Contractor executes a Participating Addendum. For the avoidance of doubt, no orders for products or services shall be made under this Agreement prior to September 1, 2021.

2. PARTICIPANTS AND SCOPE. This Cooperative Purchasing Master Agreement may be utilized under the following conditions:

2.1. PARTICIPATING ENTITIES. Contractor may not sell Public Safety Radio products and services under this Cooperative Purchasing Master Agreement until a Participating Addendum acceptable to the Participating Entity and Contractor is executed. The terms and conditions set forth in the Cooperative Purchasing Master Agreement are applicable to any Order by a Participating Entity (and other Purchasing Entities covered by their Participating Addendum), except to the extent altered, modified, supplemented, or amended by a Participating Addendum; Provided, however, that no Participating Addendum shall operate to alter or modify any substantive terms of this Cooperative Purchasing Master Agreement which were solicited and procured pursuant to a competitive procurement. By way of illustration and not limitation, Participating Entities may include unique administrative, delivery, and invoicing requirements, as well as entity-specific confidentiality requirements and similar entityspecific administrative requirements in purchase Orders utilizing this Cooperative Purchasing Master Agreement.

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

2.3. PARTICIPATING ADDENDUM. Obligations under this Cooperative Purchasing Master Agreement are limited to those Participating Entities who have signed a Participating Addendum and Purchasing Entities within the scope of those Participating Addenda. States or other entities permitted to participate may use an informal competitive or other process to determine which Cooperative Purchasing Master Agreements to participate in through execution of a Participating Addendum. Financial obligations of Participating Entities who are states are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating Entities who are states incur no financial obligations on behalf of other Purchasing Entities. Contractor shall email a fully executed PDF copy of each Participating Addendum as instructed by the Lead State to support documentation of participation and posting in appropriate databases.

2.4. PURCHASING ENTITY RIGHTS. Except to the extent modified by a Participating Addendum, each Purchasing Entity shall follow the terms and conditions of the Cooperative Purchasing Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Cooperative Purchasing Master Agreement, including but not limited to, any indemnity or right to recover any costs as such right is defined in the Cooperative Purchasing Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. Contractor will apply the charges and invoice each Participating Entity individually.

2.5. PARTICIPATING ADDENDUM APPROVAL. Participating Entities who are not states may under some circumstances sign their own Participating Addendum, subject to the approval of participation by the Chief Procurement Official of the state where the Participating Entity is located.

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17.B.

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 4 (Rev. 2020-03-11)
Coordinate requests for such participation through NASPO ValuePoint. Any permission to participate through execution of a Participating Addendum is not a determination that procurement authority exists in the Participating Entity; they must ensure that they have the requisite procurement authority to execute a Participating Addendum.

3. SCOPE – INCLUDED GOODS/SERVICES AND PRICE.

3.1. CONTRACT SCOPE. Pursuant to this Cooperative Purchasing Master Agreement, Contractor is authorized to sell only those Public Safety Radio Products and Services in the category above posted on the NASPO ValuePoint website. Contractor shall not represent to any Participating or Purchasing Entity under this Cooperative Purchasing Master Agreement that Contractor has contractual authority to sell any Public Safety Radio Products beyond those approved and posted on the NASPO ValuePoint website.

3.2. MINIMUM WARRANTY FOR INCLUDED GOODS/SERVICES. Notwithstanding any provision to the contrary, Contractor agrees to and is providing a minimum warranty of no less than one (1) year for any goods/services included in this Cooperative Purchasing Master Agreement. Such minimum warranty begins when the goods/services are accepted by Purchasing Entity or as agreed by Purchasing Entity in its ordering documentation. Such minimum warranty includes all firmware and software updates within warranty period. Parts and related software will be free from defects in material and workmanship for one (1) year. If a product fails because of a defect in workmanship or materials within one (1) year from the date of acceptance by Purchasing Entity, manufacture shall repair or replace the product or part with a new product or part without charge to Purchasing Entity.

3.3. ADDITIONAL WARRANTY OPTIONS – See L3Harris Technologies Pricing Document on the NASPO ValuePoint website for descriptions and pricing for all available warranty options.

3.4. AVAILABLE SERVICES – See L3Harris Technologies Pricing Document on the NASPO ValuePoint website for descriptions and pricing for all available services.

3.5. ABILITY TO MODIFY SCOPE OF COOPERATIVE PURCHASING MASTER AGREEMENT. Subject to mutual agreement between the parties, Enterprise Services, acting as the lead state, reserves the right to modify the Public Safety Radio Products included in this Cooperative Purchasing Master Agreement; Provided, however, that any such modification shall be effective only upon thirty (30) days advance written notice; and Provided further, that any such modification must be within the scope of this competitively procured Cooperative Purchasing Master Agreement. In no event shall such modification, if authorized by Enterprise Services, limit the requirement for cooperative purchasing agreements to be subject to competitive procurement.

3.6. PRODUCT UPDATES. Upon approval, Contractor may update their products/pricelist on a semiannual basis. Contractor must submit to the Lead Contract Administrator a revised product/pricelist highlighting changes and include an effective date of the change. At no time during the contract term shall products be deleted from the products/pricelist. Discontinued products/services must be struck-through and highlighted for ease of review process.

Product/pricelist updates must be submitted for review and approval to the Lead Contract Administrator thirty (30) days prior to the effective date of the change. All products/pricelist will be posted on the NASPO ValuePoint website.

Product updates for January 1st through June 30th must be submitted to Lead State Contract Administrator by June 1st to be eligible for product updates effective July 1st. Product updates

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 5 (Rev. 2020-03-11)
for July 1st through December 31st must be submitted to the Lead State Contract Administrator by December 1st to be eligible for product updates effective January 1st. Additional product updates may be considered for approval with proper 30 day notice at the discretion of the Lead State.

Semi-Annual Submitted By Effective Date
January 1-June 30 June 1st July 1st
July 1-December 31 December 1st January 1st
System Solution providers may update their list of available products quarterly. Quarterly means the last day of each calendar quarter, see below.

Quarter Submitted By Effective Date
January 1-March 30 March 1st April 1st
April 1-June 30 June 1st July 1st
July 1- September 30 September 1st October 1st
October 1-December 31 December 1st January 1st
All System Solution available product options will be posted on the NASPO ValuePoint website. A minimum of thirty-three percent (33%) of the components offered in a complete Radio or Microwave System Solution must be manufactured by the Awarded Contractor.

Enterprise Services reserves the right to audit System Solution orders for compliance. Updates to System Solution available products must be submitted to the Lead Contract Administrator 30 days prior to the effective date of the change. Additional product options may be considered for approval with proper 30 day notice at the discretion of the Lead State.

3.7. ECONOMIC ADJUSTMENTS. All pricing must be guaranteed for the first year of the Cooperative Purchasing Master Agreement. Following the guarantee period, any request for price increases must be for an equal guarantee period (1 year), and must be submitted to the Lead State at least thirty (30) calendar days prior to the effective date. The Lead State will review a documented request for an MSRP price list increase only after the Price Guarantee Period.

Requests for price increases must include sufficient documentation supporting the request and demonstrating the reasonableness of the adjustment when comparing the current price list to the proposed price list. Documentation may include: the manufacturer’s national price increase announcement letter, a complete and detailed description of what products are increasing and by what percentage, a complete and detailed description of what raw materials and/or other costs have increased and provide proof of increase, index data and other information to support and justify the increase. The price increase must not produce a higher profit margin than the original contract, and must be accompanied by sufficient documentation and nationwide notice of price adjustment to the published manufacturer’s price list. No retroactive price increases will be allowed.

Price Reductions. In the event of a price decrease in any category of product at any time during the contract in an OEM’s published manufacturer’s price list, including renewal options, the Lead State shall be notified immediately. All published manufacturer’s price list price reductions shall be effective upon the notification provided to the Lead State.

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17.B.

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 6 (Rev. 2020-03-11)
Enterprise Services reserves the right to request clarification and justification for requested Economic Adjustments.

Economic Price Adjustment requests for January 1st through June 30th must be submitted to Lead State Contract Administrator by June 1st to be eligible for product updates effective July 1 st. Product updates for July 1st through December 31st must be submitted to the Lead State Contract Administrator by December 1st to be eligible for product updates effective January 1 st
.

Semi-Annual Submitted By Effective Date
January 1-June 30 June 1st July 1st
July 1-December 31 December 1st January 1st

3.8. PRICE CEILING. Although Contractor may offer lower prices, including volume discounts, to Purchasing Entity, during the term of this Cooperative Purchasing Master Agreement, Contractor guarantees to provide the Goods/Services at no greater than the prices set forth approved and posted on the NASPO ValuePoint website.

3.9. COOPERATIVE PURCHASING MASTER AGREEMENT INFORMATION. Enterprise Services shall maintain and provide information regarding this Cooperative Purchasing Master Agreement, including scope and pricing, to eligible Purchasing Entity.

3.10. CONTRACTOR RESPONSIBILITIES. Contractor shall be responsible for successful performance of the Cooperative Purchasing Master Agreement and also for the successful performance of any and all of their partners. Contractor is to be the sole point of contact as applicable by Cooperative Purchasing Master Agreement with regard to contractual matters, payment of any and all charges resulting from the purchase of the products and maintenance of the product for the term of the Cooperative Purchasing Master Agreement unless otherwise specified by a Participating State in a Participating Addendum and/or the Cooperative Purchasing Master Agreement. Contractor must be able to receive, process, and invoice orders unless the Participating State has agreed to assign these functions to a partner.

Contractor will be responsible for compliance with requirements under the Cooperative Purchasing Master Agreement, even if requirements are delegated to partners. Contractor and partners must not in any way represent themselves in the name of the Lead State, NASPO ValuePoint or Participating States.

4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Cooperative Purchasing Master Agreement and at the time any order is placed pursuant to this Cooperative Purchasing Master Agreement. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that it is in good standing and qualified to do business in the State of Washington, that it is registered with the Washington State Department of Revenue and the Washington Secretary of State, that it possesses and shall keep current all required licenses and/or approvals, and that it is current, in full compliance, and has paid all applicable taxes owed to the State of Washington. Contractor further represents and warrants that, within fifteen (15) days of executing any Participating Addendum and prior to making any sales pursuant to such Participating Addendum,

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 7 (Rev. 2020-03-11)
Contractor shall be in good standing and qualified to do business in such state and that Contractor properly shall have registered to do business in such state, shall possess and shall keep current all required licenses and/or approvals, and that it shall be current, in full compliance, and have paid all applicable taxes owed to such state.

4.2. SUSPENSION & DEBARMENT. Contractor represents and warrants that neither it nor its principals or affiliates presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States.

4.3. QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any goods and/or services sold pursuant to this Cooperative Purchasing Master Agreement shall be merchantable, shall conform to this Cooperative Purchasing Master Agreement and Purchasing Entity’s Purchase Order, shall be fit and safe for the intended purposes, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and warrants it has clear title to the goods and that the same shall be delivered and the services provided free of liens and encumbrances and that the same do not infringe any third party patent. Upon breach of warranty, Contractor will repair or replace (at no charge to Purchasing Entity) any goods and/or services whose nonconformance is discovered and made known to the Contractor. If, in Purchasing Entity’s judgment, repair or replacement is inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.

4.4. WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this Cooperative Purchasing Master Agreement and the three (3) year period immediately preceding the award of the Cooperative Purchasing Master Agreement, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52.

4.5. PAY EQUALITY. Contractor represents and warrants that, among its workers, similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor’s failure to provide satisfactory evidence of compliance

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17.B.

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 8 (Rev. 2020-03-11)
within thirty (30) days, Enterprise Services may suspend or terminate this Cooperative Purchasing Master Agreement and any Purchasing Entity hereunder similarly may suspend or terminate its use of the Cooperative Purchasing Master Agreement and/or any agreement entered into pursuant to this Cooperative Purchasing Master Agreement.

4.6. EXECUTIVE ORDER 18-03 – WORKERS’ RIGHTS. Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. Contractor further represents and warrants that, during the term of this Cooperative Purchasing Master Agreement, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

4.7. PROCUREMENT ETHICS & PROHIBITION ON GIFTS. Contractor represents and warrants that it complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly, to Purchasing Entity’s employees.

4.8. WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that it is registered in Washington’s Electronic Business Solution (WEBS), Washington’s contract registration system and that, all of its information therein is current and accurate and that throughout the term of this Cooperative Purchasing Master Agreement, Contractor shall maintain an accurate profile in WEBS.

4.9. STATEWIDE PAYEE DESK. Contractor represents and warrants that it is registered with the Statewide Payee Desk, which registration is a condition to payment.

4.10. COOPERATIVE PURCHASING MASTER AGREEMENT PROMOTION; ADVERTISING AND ENDORSEMENT.

Contractor represents and warrants that it shall use commercially reasonable efforts both to promote and market the use of this Cooperative Purchasing Master Agreement with eligible Purchasing Entity and to ensure that those entities that utilize this Cooperative Purchasing Master Agreement are eligible Purchasing Entity. Contractor understands and acknowledges that neither Enterprise Services nor Purchasing Entity are endorsing Contractor’s goods and/or services or suggesting that such goods and/or services are the best or only solution to their needs. Accordingly, Contractor represents and warrants that it shall make no reference to Enterprise Services, any Purchasing Entity, or the State of Washington in any promotional material without the prior written consent of Enterprise Services.

4.11. COOPERATIVE PURCHASING MASTER AGREEMENT TRANSITION. Contractor represents and warrants that, in the event this Cooperative Purchasing Master Agreement or a similar contract, is transitioned to another contractor (e.g., Cooperative Purchasing Master Agreement expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services for a period of sixty (60) days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington.

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17.B.

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 9 (Rev. 2020-03-11)

4.12. SUB-CONTRACTORS, AUTHORIZED RESELLERS/DEALERS. MANUFACTURER’S REPRESENTATIVE (PARTNERS). If utilizing partners, Contractor is responsible for such partners providing products and services, as well as warranty and maintenance services for any product or solution such partners provide pursuant to this Cooperative Purchasing Master Agreement. Pursuant to their applicable Participating Addendum, each Participating Entity may allow or disallow Contractor to utilize Partners. Only partners approved by the Participating Entity may be utilized. The Participating Entity will define the process to add and remove partners in their Participating Addendum.

5. USING THE COOPERATIVE PURCHASING MASTER AGREEMENT – PURCHASES.

5.1. ORDERING REQUIREMENTS. Eligible Purchasing Entity shall order goods and/or services from this Cooperative Purchasing Master Agreement, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchasing Entity but, at a minimum, including the use of a purchase order. When practicable, Contractor and Purchasing Entity also shall use telephone orders, email orders, web-based orders, and similar procurement methods (collectively “Purchasing Entity Order”). All order documents must reference the Cooperative Purchasing Master Agreement number. The terms of this Cooperative Purchasing Master Agreement shall apply to any Purchase Order and, in the event of any conflict, the terms of this Cooperative Purchasing Master Agreement shall prevail. Notwithstanding any provision to the contrary, in no event shall any ‘clickagreement,’ software or web-based application terms and conditions, or other agreement modify the terms and conditions of this Cooperative Purchasing Master Agreement.

Solution components must be equal to or greater than thirty-three percent (33%) manufactured by the Contractor. Prior to executing an order for a ”Solution”, Contractor shall provide Purchasing Entity a detailed Cost Proposal itemizing all proposed costs (including labor costs, employee benefits, travel, overhead and other direct costs) Contractor estimates it will incur in the performance of the work.
(a) All order documents must, at a minimum, reference
▪ the Cooperative Purchasing Master Agreement number;
▪ The place and requested time of delivery;
▪ A billing address;
▪ The name, phone number, and address of the Participating Entity representative;
(b) All communications concerning administration of Orders placed shall be furnished solely to the authorized purchasing agent within the Participating Entity’s purchasing office, or to such other individual identified in writing in the Order.
(c) Orders must be placed pursuant to this Cooperative Purchasing Master Agreement prior to the termination date thereof, but may have a delivery date or performance period up to 120 days thereafter.
(d) Notwithstanding the expiration, cancellation or termination of this Cooperative Purchasing Master Agreement, Contractor agrees to perform in accordance with the terms of any Orders then outstanding at the time of such expiration or

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 10 (Rev. 2020-03-11)
termination. Contractor shall not honor any Orders placed after the expiration, cancellation, or termination of this Cooperative Purchasing Master Agreement, or otherwise inconsistent with its terms. Orders from any separate indefinite quantity, task orders, or other form of indefinite delivery order arrangement priced against this Cooperative Purchasing Master Agreement may not be placed after the expiration or termination of this Cooperative Purchasing Master Agreement, notwithstanding the term of any such indefinite delivery order agreement.

5.2. DELIVERY REQUIREMENTS. Contractor must ensure that delivery of goods and/or services will be made as required by this Cooperative Purchasing Master Agreement, the Purchase Order used by Purchasing Entity, or as otherwise mutually agreed in writing between the Purchasing Entity and Contractor. The following apply to all deliveries:
(a) Contractor shall make all deliveries to the applicable delivery location specified in the Purchase Order. Such deliveries shall occur during Purchasing Entity’s normal work hours and within the time period mutually agreed in writing between Purchasing Entity and Contractor at the time of order placement. Deliveries to be off-loaded at Purchasing Entity’s receiving dock or designated job site by Contractor.
(b) Contractor shall ship all goods purchased pursuant to this Master Agreement Purchasing Entity’s specified destination. Shipping charges must be mutually agreed between Purchasing Entity and Contractor, and shall be added as a separate line item on the Contractor’s invoice. Contractor shall bear all risk of loss, damage, or destruction of the goods ordered hereunder that occurs prior to delivery, except loss or damage attributable to Purchasing Entity’s fault or negligence.
(c) All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Purchasing Entity’s Purchase Order number.
(d) All packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written materials associated with this Cooperative Purchasing Master Agreement shall be identified by the Cooperative Purchasing Master Agreement number set forth on the cover of this Cooperative Purchasing Master Agreement and the applicable Purchase Order number. Packing lists shall be enclosed with each shipment and clearly identify all contents and any backorders.
(e) Purchasing Entities may return unopened or unused (non-specialty) Public Safety Radio products within ten (10) business days of receipt for full credit, minus any freight or restocking fee. In such event, Contractor is responsible for shipping costs pertaining to any defective Public Safety Radio Products that are returned.

5.3. RECEIPT AND INSPECTION OF GOODS AND/OR SERVICES. Goods and/or services purchased under this Cooperative Purchasing Master Agreement are subject to Purchasing Entity’s reasonable inspection, testing, and approval at Purchasing Entity’s destination. Such inspection and

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 11 (Rev. 2020-03-11)
approval shall be determined within thirty (30) days of delivery. Purchasing Entity reserves the right to reject and refuse acceptance of goods and/or services that are not in accordance with this Cooperative Purchasing Master Agreement and Purchasing Entity’s Purchase Order.

Purchasing Entity may charge Contractor for the cost of inspecting rejected goods. If there are any apparent defects in the goods and/or services at the time of delivery, Purchasing Entity will notify Contractor within five (5) business days. At Purchasing Entity’s option, and without limiting any other rights, Purchasing Entity may require Contractor to, consistent with the warranty terms, repair or replace, at Contractor’s expense, any or all of the damaged goods and/or services or, at Purchasing Entity’s option, Purchasing Entity may note any damage to the goods and/or services on the receiving report, decline acceptance, and deduct the cost of rejected goods and/or services from final payment. Payment for any goods under such Purchase Order shall not be deemed acceptance of the goods. (a) All Products are subject to inspection at reasonable times and places before Acceptance. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance requirements under this Cooperative Purchasing Master Agreement. Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve Contractor of liability for material (nonconformity that substantially impairs value) latent or hidden defects subsequently revealed when the Public Safety Radio Products are put to use. Acceptance of such Public Safety Radio Products may be revoked in accordance with the provisions of the applicable commercial code, and Contractor shall be liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of any Public Safety Radio Products rejected and returned, or for which Acceptance is revoked.
(b) If any Public Safety Radio Products do not conform to the specifications, the Purchasing Entity may require the Contractor to repair or replace the Public Safety Radio Product in conformity with the specifications.

5.4. ON SITE REQUIREMENTS. While on Purchasing Entity’s premises, Contractor, its agents, employees, or subcontractors shall comply, in all respects, with Purchasing Entity’s physical, fire, access, safety, and other security requirements.

5.5. INSTALLATION. Installation shall be performed by Contractor or Sub-Contractor, in a professional manner in accordance with industry standard best practices. The premises shall be left in a neat, clean, and undamaged condition. Purchasing Entity reserves the right to require Contractor or Sub-Contractor to repair any damage caused during installation or provide full compensation as determined by Purchasing Entity.

5.6. CONFIDENTIALITY; SAFEGUARDING OF INFORMATION. Contractor shall not use or disclose any information concerning Enterprise Services/the State of Washington or Purchasing Entity’s information which may be classified as confidential, for any purpose not directly connected with the administration of this Cooperative Purchasing Master Agreement, except with prior written consent of Enterprise Services (or the applicable Purchasing Entity), or as may be required by law.

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5.7. TREATMENT OF ASSETS. Title to all property furnished by any Participating State and/or Purchasing Entity shall remain with such Participating State and/or Purchasing Entity, as applicable. Any property of any Participating State and/or Purchasing Entity furnished to Contractor shall, unless otherwise provided herein or approved by such Participating State and/or Purchasing Entity, be used only for the performance of this Cooperative Purchasing Master Agreement. Contractor shall be responsible for damages as a result of any loss or damage to property of any Participating State and/or Purchasing Entity to the extent it results from the negligence of Contractor or to the extent it results from the failure on the part of Contractor to maintain, administer and protect that property in a reasonable manner and to the extent practicable in all instances. If any such Participating State and/or Purchasing Entity property is lost, destroyed, or damaged, Contractor immediately shall notify such Participating State and/or Purchasing Entity and shall take all reasonable steps to protect the property from further damage. Contractor shall surrender to such Participating State and/or Purchasing Entity all property of such Participating State and/or Purchasing Entity prior to settlement upon completion, termination, or cancellation of this Cooperative Purchasing Master Agreement. Title to all property furnished by Contractor, the cost for which the Contractor is entitled to be reimbursed as a direct item of cost under this Contract, shall pass to and vest in the Purchasing Entity upon delivery of such property by Contractor and acceptance by the Purchasing Entity. Title to other property, the cost of which is reimbursable to Contractor under this Contract, shall pass to and vest in the Purchasing Entity upon (i) issuance for use of such property in the performance of this Contract, or (ii) commencement of use of such property in the performance of this Contract, or (iii) reimbursement of the cost thereof by the Purchasing Entity in whole or in part, whichever first occurs. All reference to Contractor under this clause shall also include Contractor's employees, agents or subcontractors. Title to software shall not pass to Purchasing Entity but shall be licensed. All reference to Contractor under this clause shall also include Contractor's employees, agents or subcontractors.

5.8. SOFTWARE LICENSE AGREEMENT. If the public safety communications equipment ordered and delivered under the term and conditions of this Cooperative Purchasing Master Agreement requires software or firmware to operate, Purchasing Entity and Contractor will mutually agree to Contractor's Software license that will apply to such transaction. Contractor’s software license agreement shall not conflict with the terms and conditions of this Cooperative Purchasing Master Agreement or specific security requirements of Participating Entity.

5.9. SUBSCRIPTION SERVICES AGREEMENT. If the public safety communications equipment ordered and delivered under the term and conditions of this Contract requires subscription services to operate, Purchasing Entity and Contractor will mutually agree to Contractor's Subscription Services Agreement that will apply to such transaction. Contractor’s Subscription Services Agreement shall not conflict with the terms and conditions of this Master Agreement or the specific security requirements of Participating Entity.

6. INVOICING & PAYMENT.

6.1. CONTRACTOR INVOICE. Contractor shall submit to Purchasing Entity’s designated invoicing contact properly itemized invoices. Such invoices shall itemize the following:
▪ Cooperative Purchasing Master Agreement No. 00318
▪ Contractor name, address, telephone number, and email address for billing issues (i.e., Contractor Customer Service Representative)

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▪ Contractor’s Federal Tax Identification Number
▪ Date(s) of delivery
▪ Applicable goods/services
▪ Invoice amount; and
▪ Payment terms, including any available prompt payment discounts.

Contractor’s invoices for payment shall reflect accurate Cooperative Purchasing Master Agreement prices, less discounts or lower negotiated costs. Invoices will not be processed for payment until receipt of a complete invoice as specified herein.

6.2. PAYMENT. Payment is the sole responsibility of, and will be made by, the Purchasing Entity.

Payment is due within thirty (30) days of invoice. If Purchasing Entity fails to make timely payment(s), Contractor may invoice Purchasing Entity in the amount of one percent (1%) per month on the amount overdue or a minimum of $1. Payment will not be considered late if a check or warrant is mailed within the time specified.

6.3. OVERPAYMENTS. Contractor promptly shall refund to Purchasing Entity the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty (30) days of written notice to Contractor; Provided, however, that Purchasing Entity shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely payment(s) or issuance of such credit memos, Purchasing Entity may impose a one percent (1%) per month on the amount overdue thirty (30) days after notice to the Contractor.

6.4. NO ADVANCE PAYMENT. No advance payment shall be made for the products and services furnished by Contractor pursuant to this Cooperative Purchasing Master Agreement; Provided, however, that the parties agree that maintenance payments, if any, may be made on a quarterly basis at the beginning of each quarter.

6.5. NO ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to, charges for shipping, handling, or payment processing.

6.6. TAXES/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Cooperative Purchasing Master Agreement. Failure to do so shall constitute breach of this Cooperative Purchasing Master Agreement. Unless otherwise agreed, Purchasing Entity shall pay applicable sales tax imposed by the State of Washington on purchased goods and/or services. In regard to federal excise taxes, Contractor shall include federal excise taxes only if, after thirty (30) calendar days written notice to Purchasing Entity, Purchase has not provided Contractor with a valid exemption certificate from such federal excise taxes.

7. CONTRACT MANAGEMENT.

7.1. CONTRACT ADMINISTRATION& NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Cooperative Purchasing Master Agreement. Enterprise Services’ contract administrator shall provide Cooperative Purchasing Master Agreement oversight. Contractor’s contract administrator shall be Contractor’s principal contact for business activities under this

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 14 (Rev. 2020-03-11)
Cooperative Purchasing Master Agreement. The parties may change contractor administrators by written notice as set forth below.

Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing:

Enterprise Services L3Harris Technologies, Inc.

Attn: Contract Administrator 00318
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Tel: (360) 407-2218
Email: [email protected]
Attn: Marilyn Brannan
221 Jefferson Ridge Pkwy
Lynchburg, VA 24501
Tel: (434) 385-2866
Email: [email protected]
Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee.

7.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Purchasing Entity issues pertaining to this Cooperative Purchasing Master Agreement.

7.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing:

Enterprise Services L3Harris Technologies, Inc.

Attn: Legal Services Manager
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Email: [email protected]
Attn: Tom Clair
221 Jefferson Ridge Pkwy
Lynchburg, VA 24501
Email: [email protected]
Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon return receipt, or, if emailed, upon transmission to the designated email address of said addressee.

8. NASPO VALUEPOINT SUMMARY AND DETAILED USAGE REPORTS.

8.1. SUMMARY SALES DATA. Contractor shall submit quarterly sales reports directly to NASPO ValuePoint using the NASPO ValuePoint Quarterly Sales/Administrative Fee Reporting Tool found at http://www.naspo.org/WNCPO/Calculator.aspx. Any/all sales made under this Cooperative Purchasing Master Agreement shall be reported as cumulative totals by state.

Even if Contractor experiences zero sales during a calendar quarter, a report is still required.

Reports shall be due no later than thirty (30) days following the end of the calendar quarter (as specified in the reporting tool).

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8.2. DETAILED SALES DATA. Contractor also shall report detailed sales data by: (1) state; (2) entity/customer type, e.g. local government, higher education, K12, non-profit; (3) Participating Entity name; (4) Participating Entity bill-to and ship-to locations; (4) Participating Entity and Contractor Purchase Order identifier/number(s); (5) Purchase Order Type (e.g. sales order, credit, return, upgrade, determined by industry practices); (6) Purchase Order date; (7) Ship Date; and (8) line item description, including product number if used. Reports are due on a quarterly basis and must be received by the Enterprise Services and NASPO ValuePoint Cooperative Development Team no later than thirty (30) days after the end of the reporting period. Reports shall be delivered to Enterprise Services and to the NASPO ValuePoint Cooperative Development Team electronically through a designated portal, email, CD-ROM, flash drive or other method as determined by Enterprise Services and NASPO ValuePoint. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Cooperative Purchasing Master Agreement.

8.3. NASPO VALUEPOINT EXECUTIVE SUMMARY. Contractor shall provide the NASPO ValuePoint Cooperative Development Coordinator with an executive summary each quarter that includes, at a minimum, a list of states with an active Participating Addendum, states that Contractor is in negotiations with and any Participating Addendum roll out or implementation activities and issues. NASPO ValuePoint Cooperative Development Coordinator and Contractor will determine the format and content of the executive summary. The executive summary is due thirty (30) days after the conclusion of each calendar quarter.

8.4. REPORT OWNERSHIP. Timely submission of these reports is a material requirement of the Cooperative Purchasing Master Agreement. Enterprise Services and NASPO ValuePoint shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section.

8.5. CONFIDENTIALITY OF DETAILED SALES DATA AND PARTICIPATING ADDENDA. Participating Addenda, as well as Orders or transaction data relating to Orders under this Cooperative Purchasing Master Agreement that identify the entity/customer, Order dates, line item descriptions and volumes, and prices/rates, shall be Confidential Information. Contractor shall hold Confidential Information in confidence and shall not transfer or otherwise disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than what is necessary to the performance of Orders placed under this Cooperative Purchasing Master Agreement. Contractor shall advise each of its employees and agents of their obligations to keep Confidential Information confidential. This provision does not apply to disclosure to the Lead State, a Participating State, or any governmental entity exercising an audit, inspection, or examination pursuant to this Cooperative Purchasing Master Agreement. To the extent permitted by law, Contractor shall notify the Lead State of the identity of any entity seeking access to the Confidential Information described in this subsection.

9. NASPO VALUEPOINT COOPERATIVE PROGRAM MARKETING AND PERFORMANCE REVIEW

9.1. NASPO VALUEPOINT COOPERATIVE PROGRAM. Contractor agrees to work cooperatively with NASPO ValuePoint personnel. Contractor agrees to present plans to NASPO ValuePoint for the education of Contractor’s contract administrator(s) and sales/marketing workforce regarding the Cooperative Purchasing Master Agreement, including the competitive nature of NASPO ValuePoint procurements, the Cooperative Purchasing Master Agreement and

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Participating Addendum process, and the manner in which qualifying entities can participate in the Cooperative Purchasing Master Agreement.

9.2. LOGOS. NASPO VALUEPOINT logos may not be used by Contractor in sales and marketing until a logo use agreement is executed with NASPO ValuePoint.

9.3. ANNUAL SUPPLIER BUSINESS REVIEW. Contractor agrees to participate in an annual supplier performance review at a location (virtual or in-person) selected by Enterprise Services and NASPO ValuePoint, which may include a discussion of marketing action plans, target strategies, marketing materials, as well as Contractor reporting and timeliness of payment of administration fees. The 2022 Annual Supplier Business Review requires in-person attendance. Any subsequent Annual Supplier Business Review meetings may be attended virtually or in-person.

10. ADMINISTRATIVE FEES.

10.1. CONTRACTOR shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint ADMINISTRATIVE Fee of one-quarter of one percent (0.25%) of the quarterly sales by participating state. The NASPO ValuePoint administrative fee is not negotiable. This fee may not be adjusted in any Participating Addendum. This fee is to be included as part of the pricing submitted with the bid.

10.2. Some states may require an additional fee be paid directly to the state only on purchases made by Purchasing Entities within that state. The fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Cooperative Purchasing Master Agreement. The Contractor may adjust the Cooperative Purchasing Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements shall not affect the NASPO ValuePoint Administrative Fee percentage or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. The NASPO ValuePoint Administrative Fee set forth above shall be based on the gross amount of all sales (less any charges for taxes or shipping) at the adjusted prices (if any) in Participating Addenda.

11. RECORDS RETENTION & AUDITS.

11.1. RECORDS RETENTION. Contractor shall maintain books, records, documents, and other evidence pertaining to this Cooperative Purchasing Master Agreement and orders placed by Purchasing Entity under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall retain such records for a period of six (6) years following expiration or termination of this Cooperative Purchasing Master Agreement or final payment for any order placed by a Purchasing Entity against this Cooperative Purchasing Master Agreement, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved.

11.2. AUDIT. Upon reasonable advance written notice, Enterprise Services reserves the right to audit, or have a designated third party audit, applicable records to ensure that Contractor has properly invoiced Purchasing Entity and that Contractor has paid all applicable vendor management fees. Accordingly, Contractor shall permit Enterprise Services, any Purchasing Entity, and any other duly authorized agent of a governmental agency, to audit, inspect

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examine, copy and/or transcribe Contractor’s books, documents, papers and records directly pertinent to this Cooperative Purchasing Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions.

This right shall survive for a period of six (6) years following expiration or termination of this Cooperative Purchasing Master Agreement or final payment for any order placed by a Purchasing Entity against this Cooperative Purchasing Master Agreement, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation, claims, or audits have been resolved.

11.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy available to any Purchasing Entity, Contractor shall reimburse Purchasing Entity for any overpayments inconsistent with the terms of this Cooperative Purchasing Master Agreement or orders, at a rate of 100% of such overpayments, found as a result of the examination of the Contractor’s records.

12. INSURANCE.

12.1. REQUIRED INSURANCE. During the Term of this Cooperative Purchasing Master Agreement, Contractor, at its expense, shall maintain in full force and effect the insurance coverages set forth in Exhibit A – Insurance Requirements. All costs for insurance, including any payments of deductible amounts, shall be considered incidental to and included in the prices for goods/services and no additional payment shall be made.

12.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation statutes and regulations (e.g., RCW Title 51, Industrial Insurance). If Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Enterprise Services may terminate this Cooperative Purchasing Master Agreement. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from Contractor. In addition, Contractor waives its immunity under RCW Title 51 to the extent it is required to indemnify, defend, and hold harmless the State of Washington and its agencies, officials, agents, or employees.

12.3. INSURANCE CERTIFICATE. Prior to commencement of performance, Contractor shall provide to Enterprise Services a written endorsement to the Contractor’s general liability insurance policy or other documentary evidence acceptable to Enterprise Services that (1) names the State of Washington and Enterprise Services as additional insureds, (2) provides for written notice of cancellation delivered in accordance with the policy provisions, and (3) provides that the Contractor’s liability insurance policy shall be primary, with any liability insurance of any Participating State as secondary and noncontributory. Unless otherwise agreed in any Participating Addendum, other state Participating Entities’ rights and Contractor’s obligations are the same as those specified in the first sentence of this subsection except the endorsement is provided to the applicable state.

13. PUBLIC INFORMATION. This Cooperative Purchasing Master Agreement, all related documents, and all records created as a result of the Cooperative Purchasing Master Agreement are subject to public disclosure as required by Washington’s Public Records Act, RCW chapter 42.56. In addition, Participating Addendums and related records shall be subject to public disclosure as required by applicable law pertaining to such Purchasing Entity. Consistent with the Public Records Act, to the

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extent that any such Contractor document or record – in whole or in part – includes information exempted or protected from disclosure by the Public Records Act, Contractor may mark such document or record – the exempted or protected portions only – with the specific basis for protection under the Public Records Act. In the event that Enterprise Services receives a public records disclosure request that pertains to such properly marked documents or records, Enterprise Services shall notify Contractor of such disclosure request and of the date that the records will be released to the requester unless Contractor, at Contractor’s sole expense, timely obtains a court order enjoining such disclosure. In the event Contractor fails to file a motion for a court order enjoining such disclosure, Enterprise Services shall release the requested documents on the date specified. Contractor’s failure properly to identify exempted or protected information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by Contractor of any claim that such materials are protected or exempt from disclosure.

14. DEFAULTS AND REMEDIES

14.1. SUSPENSION & TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor’s operations under this Cooperative Purchasing Master Agreement immediately by written cure notice of any default. Contractor may be required to submit a written cure plan within five (5) business days of Suspension notification. Suspension shall continue until the default is remedied to Enterprise Services’ reasonable satisfaction; Provided, however, that, if after thirty (30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor’s right under this Cooperative Purchasing Master Agreement. All of Contractor’s obligations to Enterprise Services and Purchasing Entity survive termination of Contractor’s rights under this Cooperative Purchasing Master Agreement, until such obligations have been fulfilled.

14.2. DEFAULT. Each of the following events shall constitute default of this Cooperative Purchasing Master Agreement by Contractor:
(a) Contractor fails to perform or comply with any of the terms or conditions of this Cooperative Purchasing Master Agreement;
(b) Contractor breaches any representation or warranty provided herein; or (c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary.

14.3. REMEDIES for DEFAULT.
(a) Enterprise Services’ rights to suspend and terminate Contractor’s rights under this Cooperative Purchasing Master Agreement are in addition to all other available remedies.
(b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including, without limitation, the right to procure for all Purchasing Entity replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Cooperative Purchasing Master Agreement price and the replacement or cover price for identical equipment or services, as well as any administrative and/or transaction costs directly related to such replacement procurement – e.g., the cost of the competitive procurement. Enterprise Services or

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Purchasing Entity will mitigate damages and provide Contractor with detailed invoices substantiating the charges.
(c) Unless otherwise specified in the Participating Addendum, in the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Cooperative Purchasing Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, either Party shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order.

Nothing in this Cooperative Purchasing Master Agreement shall be construed to limit the rights and remedies available to either Party under the applicable commercial code.

14.4. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary, the parties agree that in no event shall any party or Purchasing Entity be liable to the other for exemplary or punitive damages. Contractor's total liability, whether for breach of contract, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the $2,000,000 per occurrence or $8,000,000 aggregate; provided, however, that nothing contained in this Section will in any way exclude or limit Contractor’s liability for all damages arising out of gross negligence, personal injury or death.

ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES,

THEY AGREE THAT CONTRACTOR WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS,

INCONVENIENCE, LOSS OF USE, LOSS TIME, DATA, GOODWILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY

WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT

OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY CONTRACTOR PURSUANT TO THIS AGREEMENT.

This limitation of liability provision survives the expiration or termination of this Cooperative Purchasing Master Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Cooperative Purchasing Master Agreement may be brought later than the limitations period specified by statute.

14.5. GOVERNMENTAL TERMINATION.
(a) Termination for Withdrawal of Authority. Enterprise Services may suspend or terminate this Cooperative Purchasing Cooperative Purchasing Master Agreement if, during the term hereof, Enterprise Services’ procurement authority is withdrawn, reduced, or limited such that Enterprise Services, in its judgment, would lack authority to enter into this Cooperative Purchasing Master Agreement; Provided, however, that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided further, that such suspension or termination for withdrawal of authority shall not relieve any Participating Entity or Purchasing Entity from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Participating Entity or Purchasing Entity shall

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have any obligation or liability to Contractor. Contractor will be entitled to seek a change order to the extent Contractor provides documentary evidence that Contractor has incurred additional costs as a result of the suspension including costs to demobilize and remobilize the project.
(b) Termination for Convenience. Enterprise Services, for convenience, may terminate this Cooperative Purchasing Master Agreement; Provided, however, that such termination for convenience must, in Enterprise Services’ judgment, be in the best interest of the State of Washington; and Provided further, that such termination for convenience shall only be effective upon sixty (60) days prior written notice; and Provided further, that such termination for convenience shall not relieve any Participating Entity or Purchasing Entity from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such termination for convenience, neither Enterprise Services nor any Participating Entity or Purchasing Entity shall have any obligation or liability to Contractor.

15. CLAIMS.

15.1. ASSUMPTION OF RISKS; CLAIMS BETWEEN THE PARTIES. Contractor assumes sole responsibility and all risks of personal injury or property damage to itself and its employees and agents to the extent caused by its operations under this Cooperative Purchasing Master Agreement.

Enterprise Services has made no representations regarding any factor affecting Contractor’s risks. Contractor shall pay for all damage to any Purchasing Entity’s property resulting directly or indirectly from its acts or omissions under this Cooperative Purchasing Master Agreement, to the extent attributable to negligence by Contractor or its agents.

15.2. THIRD-PARTY CLAIMS; INDEMNITY. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless Enterprise Services, any Purchasing Entity, and NASPO Cooperative Purchasing Organization LLC (doing business as NASPO ValuePoint) (NASPO) and their respective employees and agents from and against all claims, demands, judgments, assessments, damages, penalties, fines, costs, liabilities or losses including, without limitation, sums paid in settlement of claims, attorneys’ fees, consultant fees, and expert fees (collectively “claims”) arising from any act or omission of Contractor or its successors, agents, and subcontractors under this Cooperative Purchasing Master Agreement, except to the extent such claims are caused by Enterprise Services, any Purchasing Entity, or NASPO’s’ negligence. Contractor shall take all steps needed to keep Purchasing Entity’s property free of liens arising from Contractor’s activities, and promptly obtain or bond the release of any such liens that may be filed. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Cooperative Purchasing Master Agreement or in any other document executed in conjunction with this Cooperative Purchasing Master Agreement.

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

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The Indemnified Party shall furnish, at the Contractor’s reasonable request and expense, information and assistance necessary for such defense. If the Contractor fails to vigorously pursue the defense or settlement of the Intellectual Property Claim, the Indemnified Party may assume the defense or settlement of it and the Contractor shall be liable for all costs and expenses, including reasonable attorneys’ fees and related costs, incurred by the Indemnified Party in the pursuit of the Intellectual Property Claim. Unless otherwise agreed in writing, this section is not subject to any limitations of liability in this Master Agreement or in any other document executed in conjunction with this Master Agreement. (1) The Contractor’s obligations under this section shall not extend to any combination of the Product with any other product,system or method, unlessthe Product,system or method is:
(a) provided by the Contractor or the Contractor’s subsidiaries or affiliates; (b) specified by the Contractor to work with the Product; or (c) reasonably required, in order to use the Product in its intended manner, and the infringement could not have been avoided by substituting another reasonably available product, system or method capable of performing the same function; or (d) it would be reasonably expected to use the Product in combination with such product, system or method.

16. FORCE MAJEURE. Force Majeure means an occurrence that causes a delay that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences. (a) Exceptions: Except for payment of sums due, neither party shall be liable to the other or deemed in breach under this Cooperative Purchasing Master Agreement if, and to the extent that, such party's performance of this Cooperative Purchasing Master Agreement is prevented by reason of force majeure. (b) Notification: If either party is delayed by force majeure, said party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall likewise be provided. So far as consistent with the Rights Reserved below, the time of completion shall be extended by Cooperative Purchasing Master Agreement amendment for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this Cooperative Purchasing Master Agreement.
(c) Rights Reserved: Enterprise Services reserves the right to terminate the Contract, and/or purchase materials, supplies, equipment and/or services from the best available source during the time of force majeure, and Contractor shall have no recourse against the Enterprise Services, Participating Entity or Purchasing Entity.

17. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Cooperative Purchasing Master Agreement efficiently, as timely as practicable, and at the lowest possible level with authority to resolve such dispute. If, however, a dispute persists and cannot be resolved, it may

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be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute. In the event the parties cannot agree, either party may resort to court to resolve the dispute.

18. GENERAL PROVISIONS.

18.1. TIME IS OF THE ESSENCE. Time is of the essence for each and every provision of this Cooperative Purchasing Master Agreement.

18.2. COMPLIANCE WITH LAW. Contractor shall comply with all applicable law.

18.3. INTEGRATED AGREEMENT. This Cooperative Purchasing Master Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein.

18.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Cooperative Purchasing Master Agreement may not be amended or modified except in writing and signed by a duly authorized representative of each party.

18.5. AUTHORITY. Each party to this Cooperative Purchasing Master Agreement, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Cooperative Purchasing Master Agreement and that its execution, delivery, and performance of this Cooperative Purchasing Master Agreement has been fully authorized and approved, and that no further approvals or consents are required to bind such party.

18.6. NO AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Cooperative Purchasing Master Agreement.

Neither party is an agent of the other party nor authorized to obligate it.

18.7. ASSIGNMENT. Contractor may not assign its rights under this Cooperative Purchasing Master Agreement without Enterprise Services’ prior written consent and Enterprise Services may consider any attempted assignment without such consent to be void; Provided, however, that, if Contractor provides written notice to Enterprise Services within thirty (30) days, Contractor may assign its rights under this Cooperative Purchasing Master Agreement in full to any parent, subsidiary, or affiliate of Contractor that controls or is controlled by or under common control with Contractor, is merged or consolidated with Contractor, or purchases a majority or controlling interest in the ownership or assets of Contractor. Unless otherwise agreed, Contractor guarantees prompt performance of all obligations under this Cooperative Purchasing Master Agreement notwithstanding any prior assignment of its rights.

18.8. BINDING EFFECT; SUCCESSORS & ASSIGNS. This Cooperative Purchasing Master Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

18.9. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor irrevocably assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or

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cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws in connection with any goods and/or services provided in Washington for the purpose of carrying out the Contractor’s obligations under this Cooperative Purchasing Master Agreement, including, at Enterprise Services' option, the right to control any such litigation on such claim for relief or cause of action.

18.10. FEDERAL FUNDS. To the extent that any Purchasing Entity uses federal funds to purchase goods and/or services pursuant to this Cooperative Purchasing Master Agreement, such Purchasing Entity shall specify, with its order, any applicable requirement or certification that must be satisfied by Contractor at the time the order is placed or upon delivery.

18.11. SEVERABILITY. If any provision of this Cooperative Purchasing Master Agreement is held to be invalid or unenforceable, such provision shall not affect or invalidate the remainder of this Cooperative Purchasing Master Agreement, and to this end the provisions of this Cooperative Purchasing Master Agreement are declared to be severable. If such invalidity becomes known or apparent to the parties, the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be consistent with the intent of this Cooperative Purchasing Master Agreement.

18.12. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and conditions hereof, or failure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach, shall not release the other party of any of its obligations under this Cooperative Purchasing Master Agreement, nor shall any purported oral modification or rescission of this Cooperative Purchasing Master Agreement by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, representation, contract, covenant, right, condition, or provision hereof shall constitute waiver of any subsequent breach, default, or violation of the same or other term, warranty, representation, contract, covenant, right, condition, or provision.

18.13. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in or otherwise made pursuant to this Cooperative Purchasing Master Agreementshall survive and remain in effect following the expiration or termination of this Cooperative Purchasing Master Agreement, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods.

18.14. GOVERNINGLAW. The validity, construction, performance, and enforcement of this Cooperative Purchasing Master Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. The validity, construction, and effect of any Participating Addendum pertaining to the Cooperative Purchasing Master Agreement or Order placed pursuant to such Participating Addendum shall be governed by and construed in accordance with the laws of the Participating Entity’s or Purchasing Entity’s State.

18.15. JURISDICTION & VENUE. In the event that any action is brought to enforce any provision of this Cooperative Purchasing Master Agreement, the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia, Washington; Provided, however, that venue for any claim, dispute, or action concerning any Order placed against the Cooperative Purchasing

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Master Agreement or the effect of a Participating Addendum shall be in the Purchasing Entity’s State.

18.16. SOVEREIGN IMMUNITY. In no event shall this Cooperative Purchasing Master Agreement, any Participating Addendum or any Purchase Order issued thereunder, or any act of the Lead State, a Participating Entity, or a Purchasing Entity be a waiver of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the United States or otherwise, from any claim or from the jurisdiction of any court. This section applies to a claim brought against the Participating Entities who are states only to the extent Congress has appropriately abrogated the state’s sovereign immunity and is not consent by the state to be sued in federal court.

18.17. ATTORNEYS’ FEES. Should any legal action or proceeding be commenced by either party in order to enforce this Cooperative Purchasing Master Agreement or any provision hereof, or in connection with any alleged dispute, breach, default, or misrepresentation in connection with any provision herein contained, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with such action or proceeding, including costs of pursuing or defending any legal action, including, without limitation, any appeal, discovery, or negotiation and preparation of settlement arrangements, in addition to such other relief as may be granted.

18.18. FAIR CONSTRUCTION & INTERPRETATION. The provisions of this Cooperative Purchasing Master Agreementshall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Cooperative Purchasing Master Agreement. Each party hereto and its counsel has reviewed and revised this Cooperative Purchasing Master Agreement and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Cooperative Purchasing Master Agreement. Each term and provision of this Cooperative Purchasing Master Agreement to be performed by either party shall be construed to be both a covenant and a condition.

18.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Cooperative Purchasing Master Agreement, the parties shall each do whatever may reasonably be necessary to accomplish the transactions contemplated in this Cooperative Purchasing Master Agreement including, without limitation, executing any additional documents reasonably necessary to effectuate the provisions and purposes of this Cooperative Purchasing Master Agreement.

18.20. EXHIBITS. All exhibits referred to herein are deemed to be incorporated in this Cooperative Purchasing Master Agreement in their entirety.

18.21. CAPTIONS & HEADINGS. The captions and headings in this Cooperative Purchasing Master Agreement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Cooperative Purchasing Master Agreement nor the meaning of any provisions hereof.

18.22. ELECTRONIC SIGNATURES. An electronic signature of this Cooperative Purchasing Master Agreement or any other ancillary agreement shall be deemed to have the same legal effect as delivery of an original executed copy of this Cooperative Purchasing Master Agreement or such other ancillary agreement for all purposes.

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18.23. COUNTERPARTS. This Cooperative Purchasing Master Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Cooperative Purchasing Master Agreement at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Cooperative Purchasing Master Agreement.

EXECUTED as of the date and year first above written.

STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES
L3HARRIS TECHNOLOGIES, INC.

A DELAWARE CORPORATION
By: ___________________________
Elena McGrew By:

Tom Clair
Its: Acting Statewide Enterprise Procurement
Manager
Its: Principal, Contracts

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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 26 (Rev. 2020-03-11)
Exhibit A

INSURANCE REQUIREMENTS

1. INSURANCE OBLIGATION. During the Term of this Cooperative Purchasing Master Agreement, Contractor shall possess and maintain in full force and effect, at Contractor’s sole expense, the following insurance coverages:
a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance (and, if necessary, commercial umbrella liability insurance) covering bodily injury, property damage, products/completed operations, personal injury, and advertising injury liability on an ‘occurrence form’ that shall be no less comprehensive and no more restrictive than the coverage provided by Insurance Services Office (ISO) under the most recent version of form CG 00 01 in the amount of not less than $2,000,000 per occurrence and $4,000,000 general aggregate. This coverage shall include blanket contractual liability coverage. This coverage shall include a cross-liability clause or separation of insured condition.
b. WORKERS’ COMPENSATION INSURANCE. Contractor shall comply with applicable Workers’ Compensation or Industrial Accident insurance providing benefits as required by law. c. EMPLOYERS’ LIABILITY (STOP GAP) INSURANCE. Employers’ liability insurance (and, if necessary, commercial umbrella liability insurance) with limits not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 bodily injury by disease policy limit.

The insurance coverage limits set forth herein are the minimum. Contractor’s insurance coverage shall be no less than the minimum amounts specified. Coverage in the amounts of these minimum limits, however, shall not be construed to relieve Contractor from liability in excess of such limits.

Contractor waives all rights against the State of Washington for the recovery of damages to the extent such damages are covered by any insurance required herein.

2. INSURANCE CARRIER RATING. Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington’s Office of Risk Management.

Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class VII or better in the most recently published edition of Best’s Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating.

3. ADDITIONAL INSURED. Commercial General Liability, Commercial Automobile Liability, and Pollution Liability Insurance shall include the State of Washington and all authorized Purchasing Entitys (and their agents, officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance on such insurance policies.

4. CERTIFICATE OF INSURANCE. Prior to execution of the Cooperative Purchasing Master Agreement, Contractor shall furnish to Enterprise Services, as evidence of the insurance coverage required by this Cooperative Purchasing Master Agreement, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and minimum amounts, has been secured. In addition, no less than ten (10) days prior to coverage expiration, Contractor shall

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furnish to Enterprise Services an updated or renewed certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated kinds and minimum amounts, has been secured. Failure to maintain or provide proof of insurance, as required, will result in contract cancellation. All policies and certificates of insurance shall include the Cooperative Purchasing Master Agreement number stated on the cover of this Cooperative Purchasing Master Agreement. All certificates of Insurance and any related insurance documents shall be delivered to Enterprise Services by U.S. mail, postage prepaid, or sent via email, and shall be sent to the address or email address set forth below or to such other address or email address as Enterprise Services may specify in writing:

US Mail: Contracts & Procurement – Cooperative Purchasing Master Agreement Insurance Certificate
Cooperative Purchasing Master Agreement No. 00318 – Public Safety Communications Products, Services and Solutions
Attn: Team Cypress
Washington Dept. of Enterprise Services
PO Box 41411
Olympia, WA 98504-1411
Email: [email protected]
Note: For Email notice, the Email Subject line must state:

Cooperative Purchasing Master Agreement Insurance Certificate – Cooperative Purchasing Master Agreement No. 00318 – Public Safety Communications Products, Services and Solutions

5. PRIMARY COVERAGE. Contractor’s insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchasing Entity. All insurance or self-insurance of the State of Washington and/or Purchasing Entitys shall be excess of any insurance provided by Contractor or subcontractors.

6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any such subcontractor to provide insurance that complies will all applicable requirements of the insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor’s liability or responsibility.

7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of Washington and any Purchasing Entity for the recovery of damages to the extent such damages are or would be covered by the insurance specified herein.

8. NOTICE OF CHANGE OR CANCELLATION. There shall be no cancellation without at least thirty (30) days prior written Legal Notice by Contractor to Enterprise Services. Failure to provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Cooperative Purchasing Master Agreement number stated on the cover of this Cooperative Purchasing Master Agreement.

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