Hemet City Council
July 14, 2026

17.M.

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

17.M.

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.

17.M.

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,

17.M.

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

17.M.

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.

17.M.

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

17.M.

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

17.M.

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.

17.M.

COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 12 (Rev. 2020-03-11)

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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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 13 (Rev. 2020-03-11)
▪ 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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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 25 (Rev. 2020-03-11)

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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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 27 (Rev. 2020-03-11)
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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COOPERATIVE PURCHASING MASTER AGREEMENT NO. 00318 PUBLIC SAFETY COMMUNICATIONS PRODUCTS, SERVICES & SOLUTIONS 28 (Rev. 2020-03-11)

9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) years following expiration or termination of the Cooperative Purchasing Master Agreement.

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00318 NVP-MA-L3Harris-Clean20211119_L3_S
IGNED
Final Audit Report 2021-11-21
Created: 2021-11-19
By: Neva Peckham ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAHKyH1IkjlVBizi527Hztbf-xjH2B5gFu "00318 NVP-MA-L3Harris-Clean20211119_L3_SIGNED" History Document created by Neva Peckham ([email protected]) 2021-11-19 - 8:19:23 PM GMT- IP address: 198.238.242.30 Document emailed to Elena McGrew ([email protected]) for signature 2021-11-19 - 8:19:53 PM GMT
Email viewed by Elena McGrew ([email protected])
2021-11-21 - 10:48:20 PM GMT- IP address: 104.47.64.254 Document e-signed by Elena McGrew ([email protected]) Signature Date: 2021-11-21 - 11:24:02 PM GMT - Time Source: server- IP address: 198.238.242.30 Agreement completed.
2021-11-21 - 11:24:02 PM GMT

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Category Item Build With Part Number Product Line
Category 1.1 Radio: Single-Band Portable Radio (P25) XL185P 10 10 XS-PPSVM XL-185 Portable (XS)
20 10 XS-FW2X XL-185 Portable (XS)
30 10 XS-PL9E XL-185 Portable (XS)
40 10 XS-PL4U XL-185 Portable (XS)
50 10 XS-PKGPT XL-185 Portable (XS)
60 10 XS-PL4J XL-185 Portable (XS)
70 10 XS-PA3V XL-185 Portable (XS)
80 10 XS-NC5Z XL-185 Portable (XS)
90 10 XS-HC3L XL-185 Portable (XS)
Category 1.1 Radio: Single-Band Portable Radio (P25) Warranty Options 1340 1330 XS-Y1EWP XL-185 Portable (XS)
1350 1330 XS-Y2EWP XL-185 Portable (XS)
1360 1330 XS-Y3EWP XL-185 Portable (XS)
Category 1.2 Radio: Single-Band Mobile Radio (P25) XL185M 100 100 XT-MPS1M XL-185 Mobile (XT)
110 100 XT-PL4U XL-185 Mobile (XT)
120 100 XT-PL9E XL-185 Mobile (XT)
130 100 XT-PL4J XL-185 Mobile (XT)
140 100 XT-PKGPT XL-185 Mobile (XT)
150 100 XT-MA4A XL-185 Mobile (XT)
160 100 XT-MC6A XL-185 Mobile (XT)
170 100 XT-AN5G XL-185 Mobile (XT)
180 100 XT-AN6U XL-185 Mobile (XT)
190 190 XT-CP6A XL-185 Mobile (XT)
Category 1.2 Radio: Single-Band Mobile Radio (P25) Warranty Options 1380 1370 XT-Y1EWP XL-185 Mobile (XT)
1390 1370 XT-Y2EWP XL-185 Mobile (XT)
1400 1370 XT-Y3EWP XL-185 Mobile (XT)
Category 1.4 Radio: Multi-Band Portable Radio (P25) XL200P 350 350 XL-PPM1M XL-200 Portable (XL)
360 350 XL-FW2X XL-200 Portable (XL)
370 350 XL-PL4F XL-200 Portable (XL)
380 350 XL-PL9E XL-200 Portable (XL)
390 350 XL-PL4U XL-200 Portable (XL)
400 350 XL-PKGPT XL-200 Portable (XL)
410 350 XL-PKGF1 XL-200 Portable (XL)
420 350 XL-PA3V XL-200 Portable (XL)
430 350 XL-NC5Z XL-200 Portable (XL)
440 350 XL-HC3L XL-200 Portable (XL)
Category 1.4 Radio: Multi-Band Portable Radio (P25) Warranty Options 1420 1410 XL-Y1EWP XL-200 Portable (XL)
1430 1410 XL-Y2EWP XL-200 Portable (XL)
1440 1410 XL-Y3EWP XL-200 Portable (XL)
Category 1.6 Radio: Multi-Band Desktop Radio (P25) XL200M Desktop 580 580 XZ-MPM1M XL-200 Mobile (XZ)
590 580 XZ-PL4J XL-200 Mobile (XZ)
600 580 XZ-PL4K XL-200 Mobile (XZ)

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610 580 XZ-PL4L XL-200 Mobile (XZ)
620 580 XZ-PL4U XL-200 Mobile (XZ)
630 580 XZ-PL9E XL-200 Mobile (XZ)
640 580 XZ-PL4F XL-200 Mobile (XZ)
650 580 XZ-PKGPT XL-200 Mobile (XZ)
660 580 XZ-CA6L XL-200 Mobile (XZ)
670 580 XZ-CA6C XL-200 Mobile (XZ)
680 580 XZ-CA6D XL-200 Mobile (XZ)
690 580 XZ-CA6A XL-200 Mobile (XZ)
700 580 XZ-MC6C XL-200 Mobile (XZ)
710 580 XZ-CA6M XL-200 Mobile (XZ)
720 580 XZ-MA4C XL-200 Mobile (XZ)
730 580 XZ-AN8A XL-200 Mobile (XZ)
740 580 XZ-AN6Y XL-200 Mobile (XZ)
750 750 XZ-CP6A XL-200 Mobile (XZ)
Category 1.6 Radio: Multi-Band Desktop Radio (P25) Warranty Options 1460 1450 XZ-Y1EWP XL-200 Mobile (XZ)
1470 1450 XZ-Y2EWP XL-200 Mobile (XZ)
1480 1450 XZ-Y3EWP XL-200 Mobile (XZ)
Category 1.7 Radio: Base Station/Repeater (P25) Base Station 760 760 MASV-HTXMV Mastr V (SV)
770 760 SV-AW5M Mastr V (SV)
780 760 SV-RB3K Mastr V (SV)
790 760 MASV-NPS2P Mastr V (SV)
800 760 SV-SP2T Mastr V (SV)
810 760 SV-RB3B Mastr V (SV)
820 760 SV-CA5J Mastr V (SV)
840 760 SV-DW1B Mastr V (SV)
850 760 SV-RB3G Mastr V (SV)
860 760 SV-PM1C Mastr V (SV)
870 760 SV-CL2N Mastr V (SV)
880 760 SV-AT1B Mastr V (SV)
930 760 MASV-NCN7T Mastr V (SV)
940 760 MASV-NZN8S Mastr V (SV)
950 760 SV-ZN9K Mastr V (SV)
960 760 SV-CL2D Mastr V (SV)
970 760 SV-CL9V Mastr V (SV)
980 760 SV-MN9S Mastr V (SV)
990 760 MASV-NMA6Q Mastr V (SV)
1000 760 MASV-NCN7R Mastr V (SV)
1020 760 MASV-NCN1Z Mastr V (SV)
1030 1030 MASV-NRF5D Mastr V (SV)
1040 1040 MAMM-100SV Manuals (MM)
Category 4.0 Dispatch Consoles (2)
1170 1170 UD-SW1N Next Generation Console (UD)
1180 1180 UD-ZM1F Next Generation Console (UD)
1190 1180 UD-SG4T Next Generation Console (UD)
1200 1180 UD-SG4U Next Generation Console (UD)
1210 1180 UD-AB1A Next Generation Console (UD)

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1230 1180 UD-CU8X Next Generation Console (UD)
1240 1180 UD-AB1K Next Generation Console (UD)
1250 1180 UD-AB1F Next Generation Console (UD)
1260 1180 UD-AB1G Next Generation Console (UD)
1270 1180 UD-AB1D Next Generation Console (UD)
1280 1180 UD-AB1M Next Generation Console (UD)
1290 1180 UD-AB1B Next Generation Console (UD)
1300 1300 CM-022218-3006WJ UNA Dispatch Console (UC Vendor) 1310 1310 CM-022218-001101 UNA Dispatch Console (UC Vendor) 1320 1320 MM100UD Manuals (MM)
Category 4.0 Dispatch Consoles Warranty Options
1540 1530 UD-Y1EWS Next Generation Console (UD)
1550 1530 UD-Y2EWS Next Generation Console (UD)
1560 1530 UD-Y3EWS Next Generation Console (UD)
1570 1530 UD-Y4EWS Next Generation Console (UD)
Radio Solution
10 10 NS-PNSZ Network Switching Center (NS)
20 10 NS-SN5K Network Switching Center (NS)
40 10 NS-CA5G Network Switching Center (NS)
50 10 NS-ZM2A Network Switching Center (NS)
60 10 MANS-CP9B Network Switching Center (NS)
70 10 MANS-AN3S Network Switching Center (NS)
80 10 MANS-CK1A Network Switching Center (NS)
90 10 NS-DW1U Network Switching Center (NS)
100 100 NM-VM3E Network Manager (NM)
110 110 VSVS02 VIDA Networking & Security (VS)
120 110 CM-027501-100102 VIDA Networking & Security (VS) 180 110 CM-027501-100103 VIDA Networking & Security (VS) 190 110 VS-CR2D VIDA Networking & Security (VS)
200 110 VS-MN3X VIDA Networking & Security (VS)
210 210 VSSD03 VIDA Networking & Security (VS)
220 220 VSSD04 VIDA Networking & Security (VS)
230 230 MANM-NSG9C Network Manager (NM)
240 240 NM-NG2G Network Manager (NM)
250 250 NS-SH8U Network Switching Center (NS)
260 260 NS-SH8V Network Switching Center (NS)
270 270 NS-SH8W Network Switching Center (NS)
280 280 NS-SH9A Network Switching Center (NS)
290 290 NS-SH8Y Network Switching Center (NS)
300 300 BM-PK1E BeOn Terminals (BM)
310 310 VSCU3H VIDA Networking & Security (VS)
320 320 VSMA6N VIDA Networking & Security (VS)
330 330 VS-CR1V VIDA Networking & Security (VS)
340 340 VS-MN3X VIDA Networking & Security (VS)
350 350 VSCU3H VIDA Networking & Security (VS)
360 360 VSMA6N VIDA Networking & Security (VS)
370 370 UD-SW1N Next Generation Console (UD)
380 380 UD-ZM1F Next Generation Console (UD)
390 380 UD-SG4T Next Generation Console (UD)

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400 380 UD-SG4U Next Generation Console (UD)
410 380 UD-AB1A Next Generation Console (UD)
430 380 UD-CU8X Next Generation Console (UD)
440 380 UD-AB1K Next Generation Console (UD)
450 380 UD-AB1F Next Generation Console (UD)
460 380 UD-AB1G Next Generation Console (UD)
470 380 UD-AB1D Next Generation Console (UD)
480 380 UD-AB1M Next Generation Console (UD)
490 380 UD-AB1B Next Generation Console (UD)
500 500 CM-022218-3006WJ UNA Dispatch Console (UC Vendor) 510 510 CM-022218-001101 UNA Dispatch Console (UC Vendor) 520 520 SA-SVP25C P25 and Conventional Site Equipment (SA) 530 520 MASA-NMR1H P25 and Conventional Site Equipment (SA) 540 520 MASA-NCL7D P25 and Conventional Site Equipment (SA) 550 520 SAMD8F P25 and Conventional Site Equipment (SA) 560 560 VSVS01 VIDA Networking & Security (VS)
570 560 VS-CR1V VIDA Networking & Security (VS)
580 560 VS-MN3X VIDA Networking & Security (VS)
590 560 VSCU3H VIDA Networking & Security (VS)
600 560 VSMA6N VIDA Networking & Security (VS)
610 610 SAMD8E P25 and Conventional Site Equipment (SA) 620 620 SV-HCXMV Mastr V (SV)
630 620 SV-AW5M Mastr V (SV)
640 620 SV-RB3K Mastr V (SV)
650 620 MASV-NPS2P Mastr V (SV)
660 620 SV-SP2T Mastr V (SV)
670 620 SV-RB3B Mastr V (SV)
680 620 SV-CA5J Mastr V (SV)
700 620 SV-DW1B Mastr V (SV)
710 620 SV-RB3G Mastr V (SV)
720 620 SV-PM1C Mastr V (SV)
730 620 SV-CL2N Mastr V (SV)
740 620 SV-AT1B Mastr V (SV)
790 620 MASV-NCN7T Mastr V (SV)
800 620 MASV-NZN8S Mastr V (SV)
810 620 SV-ZN9K Mastr V (SV)
820 620 SV-CL2D Mastr V (SV)
830 620 SV-CL9V Mastr V (SV)
840 620 SV-MN9S Mastr V (SV)
850 620 MASV-NMA6Q Mastr V (SV)
860 620 MASV-NCN7R Mastr V (SV)
880 620 MASV-NCN1Z Mastr V (SV)
890 890 MASV-NRF5D Mastr V (SV)
900 900 SV-HCXMV Mastr V (SV)
910 900 SV-AW5M Mastr V (SV)
920 900 SV-RB3K Mastr V (SV)
930 900 MASV-NPS2P Mastr V (SV)
940 900 SV-SP2T Mastr V (SV)
950 900 SV-RB3A Mastr V (SV)

17.M.

960 900 SV-CL9V Mastr V (SV)
970 970 MASV-NRF5D Mastr V (SV)
980 980 SV-HCXMV Mastr V (SV)
990 980 SV-AW5M Mastr V (SV)
1000 980 SV-RB3K Mastr V (SV)
1010 980 MASV-NPS2P Mastr V (SV)
1020 980 SV-SP2T Mastr V (SV)
1030 980 SV-RB3C Mastr V (SV)
1040 980 SV-PM1C Mastr V (SV)
1050 980 SV-CL2N Mastr V (SV)
1060 980 SV-CL2D Mastr V (SV)
1070 980 SV-CL9W Mastr V (SV)
1080 1080 MASV-NRF5D Mastr V (SV)
1090 1090 SV-HCXMV Mastr V (SV)
1100 1090 SV-AW5M Mastr V (SV)
1110 1090 SV-RB3K Mastr V (SV)
1120 1090 MASV-NPS2P Mastr V (SV)
1130 1090 SV-SP2T Mastr V (SV)
1140 1090 SV-RB3C Mastr V (SV)
1150 1090 SV-CL9W Mastr V (SV)
1160 1160 MASV-NRF5D Mastr V (SV)
1170 1170 XS-PPSVM XL-185 Portable (XS)
1180 1170 XS-FW2X XL-185 Portable (XS)
1190 1170 XS-PL9E XL-185 Portable (XS)
1200 1170 XS-PL4U XL-185 Portable (XS)
1210 1170 XS-PL4J XL-185 Portable (XS)
1220 1170 XS-PA3V XL-185 Portable (XS)
1230 1170 XS-NC5Z XL-185 Portable (XS)
1240 1170 XS-HC3L XL-185 Portable (XS)
1250 1250 XT-MPS1M XL-185 Mobile (XT)
1260 1250 XT-PL4U XL-185 Mobile (XT)
1270 1250 XT-PL9E XL-185 Mobile (XT)
1280 1250 XT-PL4J XL-185 Mobile (XT)
1290 1250 XT-CA6L XL-185 Mobile (XT)
1300 1250 XT-CA6C XL-185 Mobile (XT)
1310 1250 XT-CA6D XL-185 Mobile (XT)
1320 1250 XT-CA6A XL-185 Mobile (XT)
1330 1250 XT-MC6C XL-185 Mobile (XT)
1340 1250 XT-CA6M XL-185 Mobile (XT)
1350 1250 XT-MA4C XL-185 Mobile (XT)
1360 1250 XT-AN8R XL-185 Mobile (XT)
1370 1250 XT-AN6U XL-185 Mobile (XT)
1380 1380 XT-CP6A XL-185 Mobile (XT)
1390 1390 XS-CJ3A XL-185 Portable (XS)
1400 1400 W95-0118-001 XL-185 Mobile (XT)
1410 1410 SS-SW1D Software Services Terminals (SST)

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Description Unit List Discount Sale Price
PORTABLE,XL-185P VHF, PKP, BLK $2,050.00 26% $1,517.00
OPERATION,LOAD NIFOG PERSONALITY $0.01 26% $0.01
FEATURE, SINGLE-KEY AES ENCRYPTION $0.01 26% $0.01
FEATURE,SINGLE-KEY DES ENCRYPTION $0.01 26% $0.01
FEATURE PACKAGE,P25 TRUNKING $1,500.00 26% $1,110.00
FEATURE, SINGLE BAND VHF $0.01 26% $0.01
BATTERY,LI-ION,3100 MAH $150.00 26% $111.00
ANTENNA,FLEX,HELICAL,136-870 MHZ $110.00 26% $81.40
BELT CLIP,METAL $30.00 26% $22.20
SERVICE ASSIST, EXT WARRANTY 1YR, XL185P $100.00 0% $100.00 SERVICE ASSIST, EXT WARRANTY 2YR, XL185P $150.00 0% $150.00 SERVICE ASSIST, EXT WARRANTY 3YR, XL185P $200.00 0% $200.00 MOBILE, XL-185M, SINGLE-BAND $3,500.00 26% $2,590.00
FEATURE, SINGLE-KEY DES ENCRYPTION $0.01 26% $0.01
FEATURE, SINGLE-KEY AES ENCRYPTION $0.01 26% $0.01
FEATURE, VHF BAND $0.01 26% $0.01
FEATURE PACKAGE, P25 TRUNKING $1,500.00 26% $1,110.00
KIT, MOUNTING XL-MOBILE UNIVERSAL $600.00 26% $444.00
MICROPHONE, XL, STANDARD MOBILE $105.00 26% $77.70
ANTENNA, ELEMENT, 1/4 0 DB, VHF $140.00 26% $103.60
ANTENNA, BASE, STD ROOF MOUNT LOW LOSS $80.00 26% $59.20 CONTROL UNIT, XL-CH $1,500.00 26% $1,110.00
SERVICE ASSIST, EXT WARRANTY 1YR, XL185M $100.00 0% $100.00 SERVICE ASSIST, EXT WARRANTY 2YR, XL185M $150.00 0% $150.00 SERVICE ASSIST, EXT WARRANTY 3YR, XL185M $200.00 0% $200.00 PORTABLE,XL-200P,PARTIAL,MIDNT BLK,US $2,700.00 26% $1,998.00 OPERATION,LOAD NIFOG PERSONALITY $0.01 26% $0.01
FEATURE,P25 PHASE 2 TDMA $250.00 26% $185.00
FEATURE, SINGLE-KEY AES ENCRYPTION $0.01 26% $0.01
FEATURE, SINGLE-KEY DES ENCRYPTION $0.01 26% $0.01
FEATURE PACKAGE,P25 TRUNKING $1,500.00 26% $1,110.00
FEATURE PACKAGE,ALL BANDS,V+U+7/800 $1,500.00 26% $1,110.00 BATTERY,LI-ION,3100 MAH $150.00 26% $111.00
ANTENNA,FLEX,HELICAL,136-870 MHZ $110.00 26% $81.40
BELT CLIP,METAL $30.00 26% $22.20
SERVICE ASSIST, EXT WARRANTY 1YR, XL200P $100.00 0% $100.00 SERVICE ASSIST, EXT WARRANTY 2YR, XL200P $150.00 0% $150.00 SERVICE ASSIST, EXT WARRANTY 3YR, XL200P $200.00 0% $200.00 MOBILE, XL-200M, MULTIBAND $3,500.00 26% $2,590.00
FEATURE, VHF BAND $500.00 26% $370.00
FEATURE, UHF BAND $500.00 26% $370.00

17.M.

FEATURE, 700/800 MHZ BAND $500.00 26% $370.00
FEATURE,XL200M SINGLE-KEY DES ENCRYPTION $0.01 26% $0.01 FEATURE,XL200M SINGLE-KEY AES ENCRYPTION $0.01 26% $0.01 FEATURE, PHASE 2 TDMA $250.00 26% $185.00
FEATURE PACKAGE, P25 TRUNKING $1,500.00 26% $1,110.00
CABINET, XL DESKTOP $650.00 26% $481.00
CABLE, POWER, VCH $105.00 26% $77.70
CABLE, POWER, XL-CH $87.00 26% $64.38
CABLE, XL-MOBILE, ETHERNET, 45CM $16.00 26% $11.84
MICROPHONE, XL-MOBILE, DESKTOP $245.00 26% $181.30
CABLE, XL DESKTOP, ACCESSORY $250.00 26% $185.00
BRACKET, MOUNTING, XL CONTROL HEAD $68.00 26% $50.32
ANTENNA, ELEMENT, FLEXIBLE, V/U/700/800 $210.00 26% $155.40 ANTENNA, BASE, MAGNETIC MOUNT LOW LOSS $90.00 26% $66.60 CONTROL UNIT, XL-CH $1,500.00 26% $1,110.00
SERVICE ASSIST,EXT WARRANTY 1 YR, XL200M $100.00 0% $100.00 SERVICE ASSIST,EXT WARRANTY 2 YR, XL200M $150.00 0% $150.00 SERVICE ASSIST,EXT WARRANTY 3 YR, XL200M $200.00 0% $200.00 Station,MASTR V,P25T,150-174 MHz $14,625.00 0% $14,625.00 Power Amplifier,Linear,150-174MHz $9,032.00 0% $9,032.00 Busbar,HPA/PS,MASTR V $50.00 0% $50.00
Power Supply,110-240V,AC,MASTR V $2,295.00 0% $2,295.00 Programming,Multisite $0.01 0% $0.01
Power Supply Shelf,1st Position $800.00 0% $800.00
CABLE,DC POWER,48 IN $100.00 0% $100.00
Drawings,IP Simulcast/P25 Trunked $0.01 0% $0.01
Shelf,14-Slot,Open Rack $7,500.00 0% $7,500.00
Processor,Baseband Module,MASTR V $2,500.00 0% $2,500.00 Cable Assembly RF,RG223,BNC/SMA,5ft $110.00 0% $110.00
TERMINATION,50 OHM LOAD $6.00 0% $6.00
Frame,Preselector,MASTR V VHF $391.00 0% $391.00
Fan Tray,MASTR V $512.00 0% $512.00
PANEL,XCONNECT,MASTR V $1,200.00 0% $1,200.00
Cable,Xconnect-Baseband Shelf #1 $260.00 0% $260.00
Kit,Cable,Ch #1,2,9,10,17,18 MASTR V IP $325.00 0% $325.00 Panel,Blank,1 RU $40.00 0% $40.00
Grounding Shim,28RU $85.00 0% $85.00
Power Strip,110VAC,2X20A Brkr,2-Cbl,6Pos $405.00 0% $405.00 Outlet Strip,110 VAC,UL Recognized $315.00 0% $315.00
Preselector,150-160MHz,MASTR V $647.00 0% $647.00
Manual,Install,MASTR V P25T Base Station $35.00 0% $35.00 SW,SYMPHONY PC APP $200.00 0% $200.00
CONSOLE,BUNDLE,FOUNDATION,WIN10 $20,000.00 0% $20,000.00 LICENSE,CONVENTIONAL CONTROLS $1,250.00 0% $1,250.00
LICENSE,PAGING CAPABILITY $750.00 0% $750.00
SPEAKER, NANO, SYMPHONY $295.00 0% $295.00

17.M.

MONITOR, 22IN CLASS, NON-TOUCHSCREEN,HD $975.00 0% $975.00 CABLE,DISPLAYPORT TO DVI-D,10FT $40.00 0% $40.00
MOUSE, OPTICAL, USB, SCROLL WHEEL $15.00 0% $15.00
KEYBOARD, 104 KEY, USB $185.00 0% $185.00
SINGLE FOOTSWITCH, USB, SYMPHONY $255.00 0% $255.00
DESK MIC, DB9 $245.00 0% $245.00
JACK BOX, 6 WIRE $450.00 0% $450.00
Adapter,6 Wire Jackbox to Headset $550.00 0% $550.00
License,Vocoder $100.00 0% $100.00
MANUAL,OP/INSTA/CONFIG,SYMPHONY,CD $25.00 0% $25.00
WARRANTY, EXTENDED 1 YR, SYMPHONY WRKSTN $2,500.00 0% $2,500.00 WARRANTY, EXTENDED 2 YR, SYMPHONY WRKSTN $3,750.00 0% $3,750.00 WARRANTY, EXTENDED 3 YR, SYMPHONY WRKSTN $5,250.00 0% $5,250.00 WARRANTY, EXTENDED 4 YR, SYMPHONY WRKSTN $6,500.00 0% $6,500.00 SERVER, DELL R440, VIDA ESSENTIAL $ 19,610.00 26% $ 19,610.00 SERVICE,SYBASE LICENSE $ 1,980.98 26% $ 3,961.96
CABINET,NSS,42 RU,120V $ 4,773.00 26% $ 4,773.00
POWER KIT,SR10A.4,LOC HA/UNITE/ESSEN,110 $ 144.30 26% $ 144.30 Netclock,GPS Master Clock $ 4,403.00 26% $ 4,403.00
Kit,GPS Antenna,Outdoor,For Netclock $ 758.50 26% $ 758.50 Cable,GPS Ant Outdoor,100ft/Netclock $ 588.30 26% $ 588.30 DRAWINGS,VIDA CONNECT/ESSENTIALS $ 0.74 26% $ 0.74
SOFTWARE,VIDA ESSENTIALS CORE,VM $ 14,800.00 26% $ 14,800.00 VIDA Security, NSC $ 810.72 26% $ 810.72
License,Quest Authentication,Server $ 336.70 26% $ 2,020.20 LICENSE,QUEST AUTHENTICATION,USER,QTY 6 $ 38.48 26% $ 38.48 ROUTER,ISR,C1111-8P,APP $ 1,443.00 26% $ 1,443.00
KIT, C1111 ROUTER SITE MTG $ 115.44 26% $ 115.44
LICENSE,SUMS,ENDPOINT $ 25.90 26% $ 77.70
LICENSE,SUMS,CORE $ 22.20 26% $ 222.00
License,Quad Mode Vocoder $ 25.90 26% $ 25.90
LICENSE, SQL SERVER 2016 STD, BASE 5 CAL $ 532.80 26% $ 532.80 LICENSE,CONSOLE,VIDA ESSENTIALS $ 740.00 26% $ 2,220.00 LICENSE,CONSOLE TALKPATH,VIDA ESSENTIALS $ 185.00 26% $ 4,440.00 LICENSE,P25 SITE,VIDA ESSENTIALS $ 7,400.00 26% $ 7,400.00 LICENSE,P25 CONVENTIONAL CHANNEL, ESSENT $ 740.00 26% $ 2,960.00 LICENSE,P25 APPLICATION, ESSENTIALS $ 7,400.00 26% $ 7,400.00 FEATURE,NO AES ENCRYPTION $ - 100% $ -
SWITCH,CISCO 2960 PLUS $ 1,010.10 26% $ 1,010.10
KIT,MTG HDWR,CISCO 2960 MASTR III/V CAB $ 59.20 26% $ 59.20 ROUTER,ISR,C1111-4P $ 947.20 26% $ 947.20
KIT, C1111 ROUTER SITE MTG $ 115.44 26% $ 115.44
SWITCH,CISCO 2960 PLUS $ 1,010.10 26% $ 1,010.10
KIT,MTG HDWR,CISCO 2960 MASTR III/V CAB $ 59.20 26% $ 59.20 SW,SYMPHONY PC APP $ 148.00 26% $ 148.00
CONSOLE,BUNDLE,FOUNDATION,WIN10 $ 14,800.00 26% $ 44,400.00 LICENSE,CONVENTIONAL CONTROLS $ 925.00 26% $ 2,775.00

17.M.

LICENSE,PAGING CAPABILITY $ 555.00 26% $ 1,665.00
SPEAKER, NANO, SYMPHONY $ 218.30 26% $ 1,309.80
MONITOR, 22IN CLASS, NON-TOUCHSCREEN,HD $ 721.50 26% $ 2,164.50 CABLE,DISPLAYPORT TO DVI-D,10FT $ 29.60 26% $ 88.80
MOUSE, OPTICAL, USB, SCROLL WHEEL $ 11.10 26% $ 33.30
KEYBOARD, 104 KEY, USB $ 136.90 26% $ 410.70
SINGLE FOOTSWITCH, USB, SYMPHONY $ 188.70 26% $ 566.10
DESK MIC, DB9 $ 181.30 26% $ 543.90
JACK BOX, 6 WIRE $ 333.00 26% $ 999.00
Adapter,6 Wire Jackbox to Headset $ 407.00 26% $ 1,221.00 License,Vocoder $ 74.00 26% $ 222.00
Site Interface Equipment,P25C MASTR V $ 814.00 26% $ 814.00 Rack,Open,86 in(Xtra Dp) with support $ 1,201.02 26% $ 1,201.02 Kit,Cable,Ethernet,5ft $ 40.70 26% $ 40.70
POWER SUPPLY, AC, VIDA EDGE $ 366.30 26% $ 366.30
VS PROD GRP, CONFIGURED MODEL NUMBER $ 325.60 26% $ 325.60 ROUTER,ISR,C1111-4P $ 947.20 26% $ 947.20
KIT, C1111 ROUTER SITE MTG $ 115.44 26% $ 115.44
SWITCH,CISCO 2960 PLUS $ 1,010.10 26% $ 1,010.10
KIT,MTG HDWR,CISCO 2960 MASTR III/V CAB $ 59.20 26% $ 59.20 SITE MANAGER, VIDA EDGE $ 15,173.70 26% $ 15,173.70
Station,MASTR V,P25C,150-174 MHz $ 7,492.50 26% $ 7,492.50 Power Amplifier,Linear,150-174MHz $ 6,683.68 26% $ 6,683.68 Busbar,HPA/PS,MASTR V $ 37.00 26% $ 37.00
Power Supply,110-240V,AC,MASTR V $ 1,698.30 26% $ 1,698.30 Programming,Multisite $ - 100% $ -
Power Supply Shelf,1st Position $ 592.00 26% $ 592.00
CABLE,DC POWER,48 IN $ 74.00 26% $ 148.00
Drawings,IP Simulcast/P25 Trunked $ - 100% $ -
Shelf,14-Slot,Open Rack $ 5,550.00 26% $ 5,550.00
Processor,Baseband Module,MASTR V $ 1,850.00 26% $ 1,850.00 Cable Assembly RF,RG223,BNC/SMA,5ft $ 81.40 26% $ 81.40 TERMINATION,50 OHM LOAD $ 4.44 26% $ 22.20
Frame,Preselector,MASTR V VHF $ 289.34 26% $ 289.34
Fan Tray,MASTR V $ 378.88 26% $ 378.88
PANEL,XCONNECT,MASTR V $ 888.00 26% $ 888.00
Cable,Xconnect-Baseband Shelf #1 $ 192.40 26% $ 192.40
Kit,Cable,Ch #1,2,9,10,17,18 MASTR V IP $ 240.50 26% $ 240.50 Panel,Blank,1 RU $ 29.60 26% $ 29.60
Grounding Shim,28RU $ 62.90 26% $ 62.90
Power Strip,110VAC,2X20A Brkr,2-Cbl,6Pos $ 299.70 26% $ 599.40 Outlet Strip,110 VAC,UL Recognized $ 233.10 26% $ 233.10 Preselector,150-160MHz,MASTR V $ 478.78 26% $ 478.78
Station,MASTR V,P25C,150-174 MHz $ 7,492.50 26% $ 7,492.50 Power Amplifier,Linear,150-174MHz $ 6,683.68 26% $ 6,683.68 Busbar,HPA/PS,MASTR V $ 37.00 26% $ 37.00
Power Supply,110-240V,AC,MASTR V $ 1,698.30 26% $ 1,698.30 Programming,Multisite $ - 100% $ -
Power Supply Shelf,2nd Position $ 592.00 26% $ 592.00

17.M.

Kit,Cable,Ch #1,2,9,10,17,18 MASTR V IP $ 240.50 26% $ 240.50 Preselector,150-160MHz,MASTR V $ 478.78 26% $ 478.78
Station,MASTR V,P25C,150-174 MHz $ 7,492.50 26% $ 7,492.50 Power Amplifier,Linear,150-174MHz $ 6,683.68 26% $ 6,683.68 Busbar,HPA/PS,MASTR V $ 37.00 26% $ 37.00
Power Supply,110-240V,AC,MASTR V $ 1,698.30 26% $ 1,698.30 Programming,Multisite $ - 100% $ -
Power Supply Shelf $ 592.00 26% $ 592.00
Processor,Baseband Module,MASTR V $ 1,850.00 26% $ 1,850.00 Cable Assembly RF,RG223,BNC/SMA,5ft $ 81.40 26% $ 81.40 Cable,Xconnect-Baseband Shelf #1 $ 192.40 26% $ 192.40
Kit,Cable,Ch #3,4,11,12,19,20 MASTR V IP $ 240.50 26% $ 240.50 Preselector,150-160MHz,MASTR V $ 478.78 26% $ 478.78
Station,MASTR V,P25C,150-174 MHz $ 7,492.50 26% $ 7,492.50 Power Amplifier,Linear,150-174MHz $ 6,683.68 26% $ 6,683.68 Busbar,HPA/PS,MASTR V $ 37.00 26% $ 37.00
Power Supply,110-240V,AC,MASTR V $ 1,698.30 26% $ 1,698.30 Programming,Multisite $ - 100% $ -
Power Supply Shelf $ 592.00 26% $ 592.00
Kit,Cable,Ch #3,4,11,12,19,20 MASTR V IP $ 240.50 26% $ 240.50 Preselector,150-160MHz,MASTR V $ 478.78 26% $ 478.78
PORTABLE,XL-185P VHF, PKP, BLK $ 1,517.00 26% $ 75,850.00 OPERATION,LOAD NIFOG PERSONALITY $ - 100% $ -
FEATURE, SINGLE-KEY AES ENCRYPTION $ - 100% $ -
FEATURE,SINGLE-KEY DES ENCRYPTION $ - 100% $ -
FEATURE, SINGLE BAND VHF $ - 100% $ -
BATTERY,LI-ION,3100 MAH $ 111.00 26% $ 5,550.00
ANTENNA,FLEX,HELICAL,136-870 MHZ $ 81.40 26% $ 4,070.00 BELT CLIP,METAL $ 22.20 26% $ 1,110.00
MOBILE, XL-185M, SINGLE-BAND $ 2,590.00 26% $ 10,360.00 FEATURE, SINGLE-KEY DES ENCRYPTION $ - 100% $ -
FEATURE, SINGLE-KEY AES ENCRYPTION $ - 100% $ -
FEATURE, VHF BAND $ - 100% $ -
CABINET, XL DESKTOP $ 481.00 26% $ 1,924.00
CABLE, POWER, VCH $ 77.70 26% $ 310.80
CABLE, POWER, XL-CH $ 64.38 26% $ 257.52
CABLE, XL-MOBILE, ETHERNET, 45CM $ 11.84 26% $ 47.36
MICROPHONE, XL-MOBILE, DESKTOP $ 181.30 26% $ 725.20
CABLE, XL DESKTOP, ACCESSORY $ 185.00 26% $ 740.00
BRACKET, MOUNTING, XL CONTROL HEAD $ 50.32 26% $ 201.28 ANTENNA, ELEMENT, 3 DB, VHF $ 66.60 26% $ 266.40
ANTENNA, BASE, STD ROOF MOUNT LOW LOSS $ 59.20 26% $ 236.80 CONTROL UNIT, XL-CH $ 1,110.00 26% $ 4,440.00
CABLE,USB,PROGRAMMING $ 125.80 26% $ 125.80
CABLE , USB TYPE-A TO TYPE-C M/M $ 14.80 26% $ 14.80
RPM/RPM2 W/MAST DONGLE & ANNUAL UPDATES $ 810.30 26% $ 810.30

17.M.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jul 14 2026
Department: Administration
Submitted by: Noah Rau, Interim City Manager
Brenda Chavez, Executive Assistant;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution Approving the Third Amendment to the Agreement with Townsend Public Affairs for State and Federal Lobbying and Advocacy Services.

RECOMMENDED ACTION:

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

RESOLUTION NO. 2026-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEMET, CALIFORNIA, APPROVING THE THIRD AMENDMENT WITH TOWNSEND PUBLIC AFFAIRS FOR STATE AND FEDERAL LOBBYING AND ADVOCACY SERVICES NOT-TOEXCEED AMOUNT OF $220,000, AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD

AMENDMENT AGREEMENT
EXECUTIVE SUMMARY:

Staff recommends that the City Council approve the Third Amendment to the Professional Services Agreement with Townsend Public Affairs for continued State and Federal lobbying, legislative advocacy, and government relations services. The proposed amendment increases the agreement by an amount not to exceed $100,000, bringing the total authorized contract amount to $220,000.

Funding for the amendment is included in the adopted Fiscal Year 2026-27 budget.

BACKGROUND/ANALYSIS:

Since being retained by the City in March 2025 through a competitive Request for Proposals process, Townsend Public Affairs has provided strategic legislative advocacy, monitored State and Federal legislation, identified grant and funding opportunities, coordinated meetings with elected officials and government agencies, and assisted the City in advancing its legislative priorities. Their integrated approach to advocacy and grant support has strengthened the City's ability to pursue external funding and address issues affecting municipal operations.

17.N.

Approval of the Third Amendment will ensure continuity of these services through Fiscal Year 2026- 27, allowing the City to continue advancing Council priorities, pursuing competitive grant opportunities, and maintaining an effective presence before State and Federal decision-makers. Staff has been satisfied with Townsend Public Affairs' performance and recommends approval of the amendment.

DISCUSSION:

To date, the City is expected expend $120,000 under its agreement with Townsend Public Affairs for legislative advocacy and government relations services.

If Resolution No. 2026-116 (Attachment 1) is approved by the City Council, staff will execute a Third Amendment (Attachment 2) to the agreement with Townsend Public Affairs to continue providing these services during Fiscal Year 2026-27. This increase will bring the total authorized contract amount to $220,000 and will be funded through the adopted Fiscal Year 2026-27 budget. The proposed amendment will be funded within the adopted budget allocation of $100,000 for Fiscal Year 2026-27.

PREVIOUS COUNCIL ACTION:

On March 11, 2025, the City Council approved an agreement for legislative advocacy services in an amount not to exceed $90,000.

Subsequently, on June 8, 2026, the City Manager approved a contract amendment increasing the agreement amount by $30,000 to cover anticipated expenditures through the end of Fiscal Year 2025-26. This amendment increased the total authorized contract amount to $120,000 for Fiscal Year 2025-26.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The City's fiscal year 2026-27 budget includes $100,000 for advocacy services. No additional appropriations are needed.

ALTERNATIVE(S):

1. Do not approve Amendment.

2. Provide alternate direction to the City Manager.

17.N.

ATTACHMENT(S):

Attachment 1_ Resolution No. 2026-116 - Approving the Third Amendment between the City of Hemet and Townsend Public Affairs for State and Federal Lobbying and Advocacy Services Attachment 2_Townsend Public Affairs - Lobbying and Advocacy Services - Third Amendment - 2025-073

17.N.

CITY OF HEMET RESOLUTION NO. 2026-116 1

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2026-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE THIRD

AMENDMENT WITH TOWNSEND PUBLIC AFFAIRS FOR
LOBBYING AND ADVOCACY SERVICES IN A NOT-TOEXCEED AMOUNT OF $100,000, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE ALL DOCUMENTS

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

WHEREAS, one of the City Council’s Fiscal Year 2024-25 Strategic Plan “Highest Priorities” is the consideration of securing State and Federal advocacy services to assist with periodic legislative issues and to bolster the City’s efforts to secure funding for projects and services; and
WHEREAS, the City of Hemet issued a Request for Proposals (RFP) on October 24, 2024, for lobbying and advocacy services from 182 vendors; and WHEREAS, on November 18, 2024, the City received 5 proposals in response to the RFP; and
WHEREAS, all 5 firms were invited to interview with the City, but prior to the interviews one of the firms merged with another proposer; and the City Council Ad Hoc Committee (Councilmembers Krupa and Males), together with City staff, interviewed the four remaining firms: Rojas Public Affairs, Townsend Public Affairs, Gonsalves & Son, and California Public Policy Group; and

17.N.

CITY OF HEMET RESOLUTION NO. 2026-116 1
WHEREAS, each of the four firms interviewed were highly capable, experienced, and talented teams with numerous successes, however, three of the four firms had a federal presence, and two firms offered grant writing services; and WHEREAS, the Ad Hoc Committee and City Staff found an opportunity to sync existing City grant writing appropriations with the City's desire to add advocacy services; and
WHEREAS, only Townsend Public Affairs provided State and Federal advocacy services as well as grant writing services; and
WHEREAS, on March 11, 2025, the City Council approved, and the City subsequently executed on March 12, 2025, an agreement (Agreement No. 2025-073) with Townsend Public Affairs for lobbying and advocacy services in an amount not to exceed $90,000; and
WHEREAS, on December 17, 2025, the City entered into the First Amendment to the Agreement, extending the term of the Agreement through June 30, 2027, with no change to the not-to-exceed amount; and
WHEREAS, on June 8, 2026, the Interim City Manager approved the Second Amendment to the Agreement, increasing the not-to-exceed amount by $30,000 and bringing the total authorized contract amount to $120,000; and WHEREAS, Townsend Public Affairs has provided legislative monitoring, advocacy, funding support, and strategic guidance on matters affecting the City; and WHEREAS, the City Council desires to continue utilizing Townsend Public Affairs for legislative advocacy and government relations services during Fiscal Year 2026-27; and

17.N.

CITY OF HEMET RESOLUTION NO. 2026-116 1
WHEREAS, the proposed Third Amendment would increase the not-to-exceed amount by $100,000, resulting in a total authorized contract amount of $220,000, with funding available in the adopted Fiscal Year 2026-27 budget.

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

SECTION 1. FINDINGS – The City Council hereby finds and determines that the above recitals are true and correct and are incorporated herein by reference.

SECTION 2. APPROVAL OF AGREEMENT – The City Council approves the Third Amendment to the Agreement with Townsend Public Affairs for lobbying and advocacy services.

SECTION 3. FISCAL IMPACT – The Third Amendment shall not exceed $100,000, resulting in a total authorized contract amount of $220,000. Funding is available in the adopted Fiscal Year 2026-27 budget.

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

17.N.

CITY OF HEMET RESOLUTION NO. 2026-116 1
PASSED, APPROVED AND ADOPTED this 14th day of July, 2026.

___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk

17.N.

CITY OF HEMET RESOLUTION NO. 2026-116 1
State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th day of July, 2026, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk

17.N.

00091753.1

THIRD AMENDMENT TO
AGREEMENT 2025-073

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
TOWNSEND PUBLIC AFFAIRS, INC.

A CALIFORNIA CORPORATION
DATED: JULY 15, 2026

THIRD AMENDMENT TO AGREEMENT

17.N.

00091753.1 Page | 1
This Third Amendment to the Professional Services Agreement for the purpose of Lobbying and Advocacy Services is made and entered into as of this 15th day of July, 2026, by and between the City of Hemet (“City”), a California municipal corporation and Townsend Public Affairs, Inc., a California corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Professional Services Agreement” dated March 12, 2025 (“Agreement”) for the purpose of retaining services of Consultant to provide Lobbying and Advocacy Services.

B. Section 1 of the Agreement provided that the Term of the Agreement to provide that the Term of the Agreement is extended through June 30, 2027.

C. On December 17, 2025, the First Amendment amended Section 1 of the Agreement to provide that the Term of the Agreement is extended through June 30, 2027.

D. Section 4(a) of the Agreement provides that the Compensation shall not exceed Ninety Thousand Dollars ($90,000.00).

E. On June 8, 2026, the Third Amendment amended Section 4(a) to provide that the Compensation shall not exceed One Hundred and Twenty Thousand Dollars ($120,000.00).

F. Pursuant to Section 27 of the Agreement, the Parties desire to amend the Agreement to further increase the not to exceed compensation.

G. This Third Amendment amended Section 4(a) to provide that the Compensation shall not exceed Two Hundred and Twenty Thousand Dollars ($220,000.00).

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

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

1.1 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to Two Hundred and Twenty Thousand Dollars ($220,000.00).

17.N.

00091753.1 Page | 2

2. MANDATORY INVOICE INFORMATION/NOTICES.

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

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

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

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

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

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

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

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

17.N.

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

CITY OF HEMET
___________________________
Noah Rau
Interim City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

17.N.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jul 14 2026
Department: Administration
Submitted by: Noah Rau, Interim City Manager
Noah Rau, Interim City Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution Approving the Macro and Micro Commercial Façade Improvement Grant Agreements Between the City of Hemet and Participating Property/Business Owners RECOMMENDED ACTION:

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

RESOLUTION NO. 2026-133 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, APPROVING THE MACRO AND MICRO COMMERCIAL FAÇADE

IMPROVEMENT GRANT AGREEMENTS BETWEEN THE CITY OF HEMET AND PARTICIPATING

PROPERTY/BUSINESS OWNERS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE

SAID AGREEMENTS
EXECUTIVE SUMMARY:

The recommend resolution approves the final Macro and Micro Commercial Façade Improvement Grant Agreements between the City of Hemet and participating property and business owners as part of the City's Commercial Façade Improvement Grant Program. The agreements formalize grant awards previously approved by the City Council and/or Planning Commission, authorize the City Manager to execute the agreements and related documents, confirm approximately $900,000 in previously appropriated funding, and determine that the façade improvements are categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities).

BACKGROUND/ANALYSIS:

At its meeting of March 24, 2026, the City Council reviewed the Commercial Façade Improvement Grant Program. At that meeting, the Economic Development Director presented a report regarding the Program and the City Council Business Ad-Hoc Committee's recommendations for the macro grant applications. Following that presentation, the Council voted 5-0 to (1) receive the report regarding the Commercial Façade Improvement Grant Program applications and the Ad-Hoc Committee recommendations, and (2) approve the City Council Business Ad-Hoc Committee recommendations for the macro grant application awards.

17.O.

While the Council approved the Ad-Hoc Committee's recommendations on the applications at that meeting, the individual grant Agreements memorializing those awards were not themselves presented for approval at that time. This report brings the Macro and the Micro Agreements, before the Council for approval and authorization to execute.

The Commercial Facade Improvement Grant Program (CFIGP) is a City of Hemet business incentive program to enhance the physical appearance and attract new visitors to the City’s major commercial corridors
The Program contemplates two agreement tracks:

1. The Small Business Grant (Micro) Agreements - provides reimbursement of up to Thirty Thousand Dollars ($30,000) for commercial building facade improvements with a minimum 5% matching requirement. Projects must be completed within six months of the grant approval or building permit issuance.

2. Macro Façade Improvement Agreements — provides a reimbursable matching grant of up to 80% of eligible project costs. Matching grant recipients are required to contribute a minimum of 20% of the total facade improvement costs. Projects must be completed within 18 months of building permit issuance.

The adopted program authorized the micro grants to be reviewed and approved through a specific process with the Planning Commission.

DISCUSSION:

Following the Council's March 24, 2026 action approving the Ad-Hoc Committee's recommendations, staff and the City Attorney's Office prepared and reviewed the grant Agreements to reconcile the City's requirements with the grantees' needs. This review was necessary to ensure the Agreements:
 Adequately protect the City's legal and financial interests;  Clearly define the scope of eligible improvements, disbursement conditions, and completion requirements;
 Address the grantees' operational and financing considerations; and  Conform to applicable program guidelines and funding-source requirements.

The Agreements are now in final form and are presented for the Council's approval and authorization to execute.

Environmental Review:

The project is exempt from CEQA in accordance with the California Environmental Quality Act Section 15301, Class 1(a) (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use beyond that existing at the time of the lead agency's determination. The properties participating in the Program are existing commercial structures that have been used for commercial purposes and renovated over time to accommodate their commercial use. This proposed project further continues that use and modernizes the existing façades of the structures through minor exterior alterations, such as repainting, storefront and window repair, signage, awnings, lighting, and similar improvements, involving negligible or no expansion of the existing use.

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PREVIOUS COUNCIL ACTION:
 On June 25, 2024, the City Council Adopted a City of Hemet Commercial Facade Improvement Grant Program.
 On March 24, 2026, the City Council Approved City Council Business Ad-Hoc Committee Recomendations for the Macro Grant Application awards.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Objective 3: Increase Public Safety visibility and response.

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

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

Objective 2: Increase transparency for the public.

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

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

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

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

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

The City has appropriated a total of $240,000 for micro grants and a total of $660,000 for macro grants over fiscal years 2023-2024 and 2024-2025. No additional funding is being reqeusted with this item.

ALTERNATIVE(S):

1. Do Not Approve the Agreements. The City Council could decline to approve the Agreements.

This would prevent the City from executing the grant awards recommended by the Ad-Hoc Committee and approved by Council on March 24, 2026, and would require staff to advise applicants that funding will not proceed.

2. The City Council could approve the Agreements with specific modifications to terms, conditions, or requirements as deemed appropriate.

ATTACHMENT(S):

Attachment No. 1 - Reso. No. 2026-133 Commercial Facade Grant Attachment No. 2 - MACRO FACADE AGREEMENT TEMPLATE
Attachment No. 3 - MICRO FACADE AGREEMENT TEMPLATE
Attachment No. 4 - March 24, 2026 City Council Report

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CITY OF HEMET RESOLUTION NO. 2026-133 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2026-133

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE MACRO
AND MICRO COMMERCIAL FAÇADE IMPROVEMENT

GRANT AGREEMENTS BETWEEN THE CITY OF HEMET

AND PARTICIPATING PROPERTY/BUSINESS OWNERS,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE

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

WHEREAS, the City of Hemet ("City") established the Commercial Façade Improvement Grant Program (the "Program") to support commercial revitalization, improve the appearance and economic vitality of properties within the City, and leverage public funds to encourage private reinvestment; and WHEREAS, the Program contemplates two agreement tracks, consisting of Macro Façade Improvement Agreements and Micro Façade Improvement Agreements (collectively, the "Agreements"); and
WHEREAS, at its regular meeting of March 24, 2026, the City Council reviewed the Program, received a report from the Economic Development Director regarding the Program and the City Council Business Ad-Hoc Committee's recommendations for the MACRO grant applications, and voted 5-0 to (1) receive the report regarding the Program applications and the Ad-Hoc Committee recommendations, and (2) approve

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CITY OF HEMET RESOLUTION NO. 2026-133 2
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the City Council Business Ad-Hoc Committee recommendations for the MACRO grant applications; and
WHEREAS, while the City Council approved the Ad-Hoc Committee's recommendations on the applications at the March 24, 2026, meeting, the individual grant Agreements memorializing those awards were not themselves presented for approval at that time; and
WHEREAS, following the Council's March 24, 2026 action, staff and the City Attorney's Office prepared and reviewed the grant Agreements to reconcile the City's requirements with the grantees' needs, and to ensure the Agreements adequately protect the City's legal and financial interests; clearly define the scope of eligible improvements, disbursement conditions, and completion requirements; address the grantees' operational and financing considerations; and conform to applicable program guidelines and funding-source requirements; and
WHEREAS, the Agreements are now in final form and are presented to the City Council for approval and authorization to execute; and
WHEREAS, the total funding commitment under the Agreements is approximately $900,000, previously appropriated to the program from the general fund and sufficient funds remain appropriated in the FY2026/2027 budget; and WHEREAS, the City Council finds that the approval of the Agreements and the improvements contemplated thereunder are categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15301, Class 1 (Existing Facilities), because the Program involves the operation, repair, maintenance, permitting, or minor alteration of existing commercial structures involving

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negligible or no expansion of existing use, including repainting, storefront and window repair, signage, awnings, lighting, and similar minor exterior improvements; and WHEREAS, the City Council has considered all information presented, including the staff report, attachments, and public testimony.

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 approves the Macro and Micro Façade Improvement Grant Agreements in substantially the form as presented and on file with the City Clerk.

SECTION 3. CEQA. The City Council hereby finds and determines that the approval of the Agreements and the façade improvements contemplated thereunder are categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15301, Class 1 (Existing Facilities).

The properties participating in the Program are existing commercial structures, and the contemplated improvements consist of minor exterior alterations involving negligible or no expansion of the existing use. Staff is directed to file a Notice of Exemption with the County Clerk as appropriate.

SECTION 4. The City Council hereby authorizes the City Manager, or designee, to execute the Agreements and any and all related documents necessary to effectuate the Agreements, subject to review and approval as to form by the City Attorney.

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SECTION 5. The City Council hereby authorizes the City Manager, or designee, to make non-substantive modifications to the Agreements as necessary to effectuate the intent of this action.

Section 6. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 14th day of July, 2026. ___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk

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CITY OF HEMET RESOLUTION NO. 2026-133 5
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 14th day of July, 2026, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
Rosalia A. Butler, MMC, City Clerk

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CITY OF HEMET COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM M______ BUSINESS CENTER GRANT AGREEMENT
This Commercial Façade Improvement Grant Agreement ("Agreement") is entered into as of [DATE] ("Effective Date"), by and between the City of Hemet, a California municipal corporation ("City"), and _____________, an individual and [ OWNER/TENANT] of the real property located at [ADDRESS (APN)] (“Grantee”).

RECITALS
A. The City has established the Commercial Façade Improvement Grant Program ("Program") to enhance the physical appearance of commercial properties along the City's major commercial corridors, encourage business retention, increase property values, and promote business vitality.

B. The City Council has appropriated funds for the Program and authorized the Community Development Department to administer M____ Business Center Grants to eligible applicants.

C. Grantee has applied for a M____ Business Center Grant and has been approved for funding subject to the terms and conditions set forth herein.

D. The parties now desire to set forth their respective rights and obligations with respect to the grant.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEFINITIONS

1.1 "Approved Improvements" means the façade improvement work described in Exhibit A attached hereto and incorporated herein by this reference.

1.2 "Eligible Costs" means the actual, documented, reasonable costs of labor and materials directly related to the Approved Improvements, exclusive of any costs for work not described in Exhibit A or not approved in writing by the City.

1.3 "Grant Amount" means the sum of ______________________ ($___).

1.4 "Matching Contribution" means the minimum private investment of _____ Percent (___%) of the total eligible façade improvement costs required of Grantee as a condition of receiving the Grant Amount.

1.5 "Program Administrator" means the Director of Community Development, or his/her designee.

1.6 "Project" means the Approved Improvements to be performed at the Property.

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1.7 "Property" means the real property located at
_________________________________, Assessor's Parcel Number __________________.

ARTICLE 2. GRANT AWARD AND CONDITIONS

2.1 Grant Award. Subject to the terms and conditions of this Agreement, the City hereby agrees to reimburse Grantee for Eligible Costs in an amount not to exceed the Grant Amount. The Grant Amount shall be disbursed on a reimbursement basis following satisfactory completion of the Approved Improvements and submission of required documentation pursuant to Article

5. 2.2 Matching Requirement. Grantee shall contribute the Matching Contribution toward the total cost of the Approved Improvements. Grantee's failure to provide the required Matching Contribution shall be grounds for termination of this Agreement and forfeiture of all grant funds.

2.3 Total Project Cost. The total cost of the Approved Improvements shall be not less than [DOLLAR AMOUNT] ($________).

2.4 Planning Commission Approval. This Agreement is conditioned upon Grantee maintaining in good standing any Planning Commission approval obtained in connection with the Approved Improvements. Any material modification to the scope of work approved by the Planning Commission shall require prior written consent of the City.

2.5 No Guarantee of Funding. Grant funds are not guaranteed until this Agreement is fully executed by both parties and all conditions precedent set forth herein are satisfied.

ARTICLE 3. SCOPE OF WORK AND CONTRACTOR REQUIREMENTS

3.1 Approved Improvements. Grantee shall perform only those improvements described in Exhibit A. Any proposed modifications to the scope of Approved Improvements must be submitted to the Program Administrator in writing and approved prior to commencement of such modified work.

3.2 Licensed Contractors. All construction work shall be performed by licensed contractors holding a valid California Contractor's License in the applicable classification(s). Grantee shall submit contractor information, including license number and proof of insurance, to the City for approval prior to commencement of any work.

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3.3 Competitive Bidding. Grantee shall solicit not less than THREE (3) competitive bids for work estimated to exceed $5,000.00 and shall submit copies of all bids to the Program Administrator prior to contractor selection.

Bids submitted by Grantee as part of the grant application process may be credited toward this requirement on a work-item-by-work-item basis, subject to the Program Administrator's written approval. Where Grantee demonstrates in writing that fewer than three (3) bids are obtainable for a specific scope of work due to marketplace limitations, a good-faith showing of outreach to at least three (3) contractors, each given not less than five (5) business days to respond, shall satisfy this requirement for that work item.

3.4 Permits. Grantee is responsible for obtaining all necessary permits, including without limitation building permits, from the City prior to commencement of any work. All Approved Improvements shall conform to the City's Building Codes, Zoning Ordinance, and applicable Design Guidelines.

3.5 Design Guidelines. All Approved Improvements shall be consistent with the City's Design Guidelines and any conditions imposed by Planning Commission approval.

3.6 Prevailing Wages. To the extent required by applicable law, Grantee and its contractors shall comply with prevailing wage requirements under California Labor Code Section 1720 et seq. Grantee shall maintain and make available certified payroll records within TEN (10) business days upon request. Grantee shall ensure contractors/subcontractors are currently registered where required, post applicable wage determinations, and correct any underpayment. City may withhold reimbursement pending proof of compliance.

ARTICLE 4. PROJECT TIMELINE

4.1 Commencement. Grantee shall commence the pre-construction phase of the Project, including contractor procurement, competitive bidding, and submission of permit applications, within SIXTY (60) calendar days of the Effective Date of this Agreement. Physical construction shall commence within THIRTY (30) calendar days of building permit issuance, unless otherwise authorized in writing by the Program Administrator.

4.2 Completion Deadline. All Approved Improvements shall be substantially completed within eighteen (18) months of building permit issuance, unless extended in writing by the Program Administrator for good cause. Time is of the essence with respect to all deadlines in this Agreement.

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4.3 Extension. Grantee may request a written extension of the completion deadline by submitting a written request to the Program Administrator no later than thirty (30) calendar days prior to the applicable deadline. Approval of any extension is within the sole discretion of the Program Administrator.

ARTICLE 5. REIMBURSEMENT AND DISBURSEMENT

5.1 Reimbursement Basis. All grant funds shall be disbursed on a reimbursement basis only. No advance payments shall be made under this Agreement.

5.2 Reimbursement Request. Grantee may submit written reimbursement requests to the Program Administrator on a phased or progress basis upon substantial completion of discrete portions of the Approved Improvements, or upon final completion of all Approved Improvements, accompanied by the following:
(a) Copies of all invoices from licensed contractors and suppliers; (b) Proof of payment for all invoiced amounts (cancelled checks, bank statements, or equivalent);
(c) Copies of all applicable permits and final inspection approvals; (d) Photographs of the Property before and after completion of the Approved Improvements;
(e) Any other documentation reasonably requested by the City.

5.3 City Review. The City shall review the reimbursement request within THIRTY (30) calendar days of receipt of a complete submittal. The City reserves the right to conduct a site inspection to verify compliance prior to disbursement.

5.4 Disbursement. Upon approval of the reimbursement request, the City shall disburse the approved amount to Grantee within FIFTEEN (15) calendar days. The City may withhold, reduce, or set off any disbursement for amounts subject to dispute, pending audit, or arising from Grantee’s noncompliance, until resolved to City’s reasonable satisfaction.

5.5 Ineligible Costs. The following costs are not eligible for reimbursement: (a) costs incurred prior to execution of this Agreement; (b) costs for work not described in Exhibit A; (c) costs for work not performed by a licensed contractor; (d) permit fees, unless expressly authorized in Exhibit A; (e) personal property or equipment not affixed to the Property; and (f) any costs not supported by adequate documentation.

ARTICLE 6. MAINTENANCE COVENANT AND DEED RESTRICTION

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6.1 Maintenance Obligation. For a period of TWO (2) years following the date of final disbursement of grant funds ("Covenant Period"), Grantee shall maintain the Approved Improvements in good condition and repair, consistent with the intent and appearance of the improvements as completed.

6.2 Deed Restriction As a condition of receiving the Grant Amount, the Covenant and Restriction agreement attached hereto as Exhibit B and incorporated herein by this reference (the "Deed Restriction"), restricting the Property as set forth in Section 6.1, shall be executed and recorded against the Property at Grantee's expense. If Grantee holds fee title to the Property, Grantee shall execute and record the Deed Restriction. If Grantee does not hold fee title to the Property, Grantee shall cause the fee owner of the Property to execute and record the Deed Restriction, and Grantee's obligation to receive grant funds is expressly conditioned upon such execution and recordation. The Deed Restriction shall be recorded with the Riverside County Recorder's Office prior to or concurrently with the first disbursement of grant funds.

Grantee's failure to cause the Deed Restriction to be recorded shall be grounds for termination of this Agreement and forfeiture of all grant funds.

6.3 Failure to Maintain. If Grantee fails to maintain the Approved Improvements as required by Section 6.1 and fails to cure such failure within sixty (60) calendar days of written notice from the City, the City may exercise its clawback rights under Article 7.

ARTICLE 7. CLAWBACK AND REPAYMENT

7.1 Clawback Triggers. The City may demand full or partial repayment of the Grant Amount disbursed, on a pro-rated basis, if any of the following occur during the Covenant Period: (a) Grantee, or if Grantee does not hold fee title, the fee owner of the Property, sells, transfers, or otherwise voluntarily conveys the Property, or Grantee's leasehold or other possessory interest in the Property is voluntarily terminated, assigned, or surrendered, in each case without the prior written consent of the City; provided, however, that the following involuntary events shall not constitute a clawback trigger under this subsection: (i) transfer by operation of law upon the death of Grantee to Grantee's heirs, devisees, or a revocable living trust established by Grantee, provided that the successor owner, trustee, or successor tenant assumes in writing all obligations of this Agreement within ninety (90) calendar days of the date of transfer; or (ii) any other transfer or termination required by law or court order;

7.2 Pro-Rated Repayment. The repayment obligation shall be calculated on a pro-rated basis as follows: the Grant Amount multiplied by the number of

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remaining full years in the Covenant Period, divided by the total number of years in the Covenant Period.

7.3 Repayment Demand. Upon occurrence of a clawback trigger, the City shall provide written notice to Grantee. Grantee shall repay the applicable amount within sixty (60) calendar days of such notice. Amounts not repaid within such period shall accrue interest at the rate of FIVE PERCENT (5%) per annum until paid in full.

ARTICLE 8. INSURANCE

8.1 Insurance Requirements. Prior to commencement of any work, Grantee shall cause its contractor(s) to obtain and maintain throughout the Project the following insurance coverages: (a) Commercial General Liability Insurance with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate; (b) Workers' Compensation Insurance as required by California law; (c) Automobile Liability Insurance with minimum limits of $1,000,000 combined single limit.

8.2 Additional Insured. The City, its officers, officials, employees, and agents shall be named as additional insureds on all required liability policies. Grantee shall provide certificates of insurance evidencing required coverages prior to commencement of work.

ARTICLE 9. INDEMNIFICATION

9.1 Indemnification by Grantee. To the fullest extent permitted by law, Grantee shall indemnify, defend (with counsel acceptable to City), and hold harmless the City of Hemet and its elected officials, officers, employees, agents, and representatives (collectively, "Indemnitees") from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the performance of the Approved Improvements; (b) any act or omission of Grantee or its contractors, subcontractors, employees, or agents in connection with this Agreement; or (c) any breach of this Agreement by Grantee.

9.2 No City Liability for Construction. The City shall have no responsibility or liability for any defect in the Approved Improvements or for any damage to persons or property arising from the performance of the work. Grantee is solely responsible for any discovery, handling, or remediation of hazardous substances at the Property as the City has no responsibility or control over such conditions. Any City inspections or approvals are solely for determining

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compliance with applicable codes and program requirements and do not constitute a warranty of design, workmanship, or safety.

ARTICLE 10. DEFAULT AND REMEDIES

10.1 Events of Default. Each of the following shall constitute an event of default under this Agreement: (a) Grantee fails to commence or complete the Approved Improvements within the time periods set forth in Article 4; (b) Grantee uses grant funds for purposes other than those authorized under this Agreement; (c) Grantee fails to comply with any term or condition of this Agreement; (d) Any representation or warranty made by Grantee proves to be materially false or misleading; (e) Grantee becomes insolvent or files for protection under applicable bankruptcy laws.

10.2 Notice and Cure. The City shall provide Grantee with written notice of any event of default. Grantee shall have thirty (30) calendar days following receipt of such notice to cure the default, or such longer cure period as may be agreed in writing by the Program Administrator.

10.3 Remedies. Upon an uncured event of default, the City may, at its option: (a) terminate this Agreement; (b) demand repayment of all or any portion of grant funds previously disbursed; (c) suspend disbursements; (d) exercise the rights set forth in the Deed Restriction; and/or (e) pursue any other remedy available at law or in equity. Remedies are cumulative, including those in Article 7.

10.4 No waiver. The City’s rights and remedies are cumulative. Any delay or failure to enforce any provision in this agreement is not a waiver of that or any other right.

ARTICLE 11. GENERAL PROVISIONS

11.1 Compliance with Laws. Grantee shall comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with the performance of the Approved Improvements and the use of grant funds, including without limitation California Building Code, the Americans with Disabilities Act, and applicable environmental laws.

11.2 Non-Discrimination. Grantee shall not discriminate against any person in connection with the Approved Improvements on account of race, color, national origin, religion, sex, sexual orientation, gender identity, disability, age, or any other characteristic protected by applicable law.

11.3 Subsidy Reporting. To the extent required by California Government Code Section 53083 and any other applicable law, the City shall prepare and post

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required economic development subsidy reports regarding this grant. Grantee shall promptly provide reasonably requested information necessary for the City’s preparation of required public reports under applicable law.

11.4 No Assignment. Grantee may not assign, transfer, or delegate any of its rights or obligations under this Agreement without the prior written consent of the City, which may be withheld in the City's sole discretion.

11.5 Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, and understandings of the parties.

11.6 Amendments. This Agreement may not be amended or modified except by a written instrument signed by both parties.

11.7 Public Records. Submissions under this Agreement may constitute public records. The City will disclose such records as required by law. If Grantee asserts that any portion contains protected confidential information, Grantee shall clearly mark such portions and provide a written basis at the time of submission.

11.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any dispute arising under this Agreement shall be in Riverside County, California.

11.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original.

11.10 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.11 Notice. All notices required or permitted under this Agreement shall be in writing and delivered by personal delivery, overnight courier, or certified mail, return receipt requested, to the addresses set forth below, or to such other address as either party may designate by written notice:

City: City of Hemet
Attn: City Manager
445 E. Florida Ave.

Hemet, CA 92543
Grantee: NAME

ADDRESS

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11.12 Authority. Each party represents and warrants that the person executing this Agreement on its behalf has full authority to do so and to bind such party to the obligations set forth herein.

11.13 Survival. The obligations relating to indemnification, clawback, repayment, and maintenance shall survive the termination or expiration of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

CITY OF HEMET, a California municipal corporation
By: ___________________________
Name: Noah Rau
Title: Interim City Manager
Date: ___________________________
Attest: ___________________________
City Clerk
Approved as to Form:
___________________________
City Attorney
GRANTEE:

By: ___________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________
[IF ENTITY: provide evidence of authority, e.g., corporate resolution or statement of authority) (IF PROPERTY OWNER IS DIFFERENT FROM GRANTEE — LANDLORD

CONSENT)
The undersigned property owner hereby consents to the execution of this Agreement and the performance of the Approved Improvements on the Property. The undersigned property owner further acknowledges and agrees to execute the Deed Restriction

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attached as Exhibit B and to be bound by the Maintenance Covenant and Deed Restriction obligations set forth in Article 6 for the duration of the Covenant Period.

PROPERTY OWNER: [PROPERTY OWNER FULL LEGAL NAME]
By: ___________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________

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EXHIBIT A

APPROVED IMPROVEMENTS
M_____ BUSINESS CENTER GRANT
Property Address: [PROPERTY ADDRESS], Hemet, California [ZIP] APN: [APN]
Grantee: [GRANTEE FULL LEGAL NAME]
Grant Amount:

Description of Approved Improvements
The following façade improvement work has been approved by the Planning Commission and Community Development Department:

1. Exterior Painting
• Full exterior repaint of building façade, including all street-facing elevations • Surface preparation including cleaning, patching, priming, and caulking of all exterior surfaces prior to paint application
• Paint colors and finish to conform to City Design Guidelines and Planning Commission-approved color palette: [INSERT APPROVED COLOR(S) AND PRODUCT SPECIFICATIONS]
• Application to include: [INSERT SPECIFIC AREAS, e.g., stucco, trim, doors, window frames]
• Materials: [INSERT PAINT BRAND, PRODUCT LINE, AND FINISH, e.g., exterior-grade, low-VOC]

2. Landscaping

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• Installation of landscaping improvements along building frontage, including:
[INSERT SPECIFIC SCOPE, e.g., removal of existing vegetation, grading, planting of drought-tolerant species, installation of mulch/ground cover, irrigation] • Plant species and layout consistent with City Design Guidelines and Planning Commission approval: [INSERT APPROVED PLANT PALETTE AND LAYOUT SPECIFICATIONS]
• Dimensions of landscaped area: [INSERT LINEAR FEET / SQUARE FOOTAGE] Financial Summary
Item Amount
Estimated Total Project Cost $
Grantee Matching Contribution (______% minimum) $
City Grant Amount (not to exceed) $
Note: The Matching Contribution percentage reflects the proportion of the total estimated project cost borne by Grantee ($_____/_____).

Approved Contractor(s)
Contractor Name License No. Classification
[CONTRACTOR NAME] [LICENSE NO.] [e.g., C-33 Painting / C-27 Landscaping] Project Completion Deadline
[DATE — 18 months from building permit issuance]
Permit Fees
Permit fees are not eligible for reimbursement under this Agreement, unless otherwise approved in writing by City designee.

Ineligible Costs
The following costs associated with this Project are not eligible for reimbursement: work not described above; materials or labor costs incurred prior to the Effective Date of the

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Agreement; work performed by unlicensed contractors; personal property or equipment not affixed to the Property; and any costs not supported by adequate documentation.

EXHIBIT B

DEED RESTRICTION / COVENANT

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE

COVENANT AND DEED RESTRICTION AGREEMENT
THIS COVENANT AND DEED RESTRICTION AGREEMENT (“Covenant”) is made and entered into this ___th day of______, 2026, by and between: [GRANTEE FULL LEGAL NAME], a [individual / corporation / LLC / partnership / other entity type], whose address is [GRANTEE ADDRESS], [CITY, STATE, ZIP] ("Covenantor"); and The City of Hemet, a California municipal corporation, whose address is [CITY ADDRESS], Hemet, California [ZIP] ("City").

RECITALS
A. Covenantor is either (i) the owner of record of that certain real property located at [PROPERTY ADDRESS], Hemet, California [ZIP], identified as Assessor's Parcel Number [APN], and more particularly described in Attachment 1 attached hereto and incorporated herein (the "Property"); or (ii) a lessee or other lawful occupant of the Property, in which case the fee title owner of record joins in this Covenant and subjects its fee interest to the Exempt from Recording Fees
Pursuant to Government Code §
6103
When Recorded Mail to:

City of Hemet
Economic Development Department
445 E Florida Ave
Hemet, CA 92543
Address: 2700 W. Devonshire Ave., Hemet, CA
92545
APN: 448270013

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT covenants, conditions, and restrictions set forth herein as provided in Section 2.4 and in the Property Owner Acknowledgment below.

B. The City has established the Commercial Façade Improvement Grant Program ("Program") to enhance the physical appearance of commercial properties along the City's major commercial corridors, encourage business retention, increase property values, and promote business vitality.

C. The City Council has appropriated funds for the Program and authorized the Community Development Department to administer M____ Commercial Façade Improvement Grant Program to eligible applicants.

D. Pursuant to that certain Commercial Façade Improvement Grant Agreement dated [DATE] between the City and Covenantor ("Grant Agreement"), the City agreed to reimburse Covenantor for eligible façade improvement costs in an amount not to exceed $[GRANT AMOUNT] ("Grant Amount"), subject to the terms and conditions of the Grant Agreement.

E. As a condition of receiving the Grant Amount, Covenantor agreed to execute and record this Covenant against the Property, restricting the Property as set forth herein, prior to or concurrently with the first disbursement of grant funds.

F. The City and Covenantor desire to set forth the covenants, restrictions, and obligations that shall run with the land and bind all successors in interest to the Property during the Covenant Period.

G. The parties intend that this Covenant be given by Covenantor as a material condition of, and in direct consideration for, the City's conveyance and disbursement of public grant funds to Covenantor under the Grant Agreement. Covenantor acknowledges that the City would not have awarded or disbursed the Grant Amount absent Covenantor's agreement to encumber the Property with the covenants, conditions, and restrictions set forth herein, and that such restrictions are integral to the conveyance of public funds and to the public purposes of the Program described above. The parties intend that this Covenant constitute a covenant contained in and connected with an instrument by which an interest is conveyed within the meaning of California Civil Code Section 1462, and further intend that it be enforceable as a covenant running with the land, as an equitable servitude, and as a contractual obligation binding on Covenantor and its successors in interest.

NOW, THEREFORE, in consideration of the Grant Amount, the mutual covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT SECTION 1. DEFINITIONS

1.1 "Approved Improvements" means the façade improvement work described in Exhibit A to the Grant Agreement, incorporated herein by reference.

1.2 "Covenant Period" means the period commencing on the date of final disbursement of grant funds and expiring on the ______ (___) anniversary thereof, unless sooner terminated pursuant to Section 7 of this Covenant.

1.3 "Grant Agreement" means the Commercial Façade Improvement Grant Agreement dated [DATE], between the City and Covenantor, as it may be amended from time to time with the written consent of both parties.

1.4 "Grant Amount" means the total amount of grant funds disbursed by the City to Covenantor pursuant to the Grant Agreement, not to exceed $[AMOUNT].

1.5 "Program Administrator" means the Director of Community Development of the City of Hemet, or his/her designee.

1.6 "Property" means the real property described in Attachment 1 to this Covenant.

1.7 "Transfer" means any sale, assignment, conveyance, lease (other than a bona fide arm's length commercial tenancy of the improvements in the ordinary course of business), transfer, or other disposition of the Property or any interest therein, whether voluntary or involuntary, by operation of law or otherwise.

SECTION 2. COVENANTS RUNNING WITH THE LAND

2.1 Running with the Land. This Covenant shall be recorded in the Official Records of Riverside County, California, and shall run with the land and burden the Property for the duration of the Covenant Period. The parties intend that this Covenant shall be enforceable as (a) a covenant running with the land pursuant to California Civil Code Sections 1462, 1468, and 1470; (b) an equitable servitude enforceable in equity against Covenantor and all successors in interest; and (c) a contractual obligation binding upon Covenantor and its successors and assigns. The covenants, conditions, and restrictions set forth herein (i) touch and concern the Property; (ii) are imposed upon and burden the Property for the benefit of the City in its governmental capacity in furtherance of the Program and the public purposes described in the Recitals; (iii) are intended to bind each successive owner and holder of any interest in the Property during the Covenant Period; and (iv) shall inure to the benefit of the City and its successors and assigns. Covenantor acknowledges and agrees that the City need not own, and is not required to own, any real property benefited by this Covenant in order to enforce it, the parties intending that this Covenant be enforceable by the City as a governmental entity for

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT the benefit of the public and the Program. To the extent any requirement of California Civil Code Section 1468 is not satisfied, the parties intend that this Covenant remain fully enforceable as an equitable servitude and as a contractual obligation binding on successors with notice.

2.2 Benefit to City. This Covenant is made for the express benefit of the City of Hemet and the Program, and the City shall have the right to enforce this Covenant as provided herein.

2.3 Notice to Successors. Covenantor shall provide written notice of the existence of this Covenant and its terms to any prospective purchaser, transferee, or lender at or before the time of any Transfer or encumbrance of the Property or any interest therein.

2.4 Lessee Covenantor; Owner Joinder. If Covenantor holds a leasehold or other possessory interest in the Property rather than the fee title, then (a) Covenantor's obligations under this Covenant shall apply to the full extent of Covenantor's interest in the Property and shall not be diminished by the expiration or termination of Covenantor's leasehold or possessory interest; and (b) as a condition to disbursement of the Grant Amount, the fee title owner of record shall join in this Covenant by executing the Property Owner Acknowledgment set forth below, thereby subjecting its entire fee interest in the Property to this Covenant for the duration of the Covenant Period. The parties intend that, in all events, the covenants, conditions, and restrictions set forth herein attach to and burden the fee interest in the Property so that they run with the land and bind all successors in interest during the Covenant Period.

SECTION 3. OBLIGATIONS

3.1 Maintenance Standard. During the Covenant Period, Covenantor shall maintain the Approved Improvements in good condition and repair, consistent with the intent and appearance of the improvements as completed, and in a manner that preserves the visual quality and integrity of the façade work funded by the Grant Amount.

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

3.2 Specific Maintenance Obligations. Without limiting the generality of Section 3.1, Covenantor's maintenance obligations include:
(a) Promptly repairing or replacing any damaged, deteriorated, broken, or defaced elements of the Approved Improvements;
(b) Repainting or refinishing exterior surfaces as necessary to prevent peeling, fading, graffiti, or deterioration that materially detracts from the appearance of the Property; (c) Maintaining all signage, lighting, awnings, canopies, storefront glazing, and other elements of the Approved Improvements in working order and in good repair; (d) Keeping the exterior of the Property free of graffiti, vandalism, and unsightly accumulations of debris or waste; and
(e) Complying with all applicable provisions of the City's Municipal Code, Zoning Ordinance, and Building Code relating to property maintenance.

3.3 No Demolition or Material Alteration. During the Covenant Period, Covenantor shall not demolish, remove, or materially alter the Approved Improvements without the prior written consent of the Program Administrator. Any City-approved modifications shall be documented in writing and, if the City determines appropriate, memorialized by a recorded amendment to this Covenant.

3.4 Continued Commercial Use. During the Covenant Period, Covenantor shall maintain active commercial operations at the Property consistent with the purpose for which the grant was awarded. Cessation of commercial operations at the Property without the prior written consent of the City shall constitute a default under this Covenant.

SECTION 4. TRANSFER RESTRICTION

4.1 Restriction on Transfer. During the Covenant Period, Covenantor shall not effectuate a Transfer of the Property or any interest therein without the prior written consent of the City, which shall not be unreasonably withheld, conditioned, or delayed provided that:
(a) The proposed transferee executes and delivers to the City, prior to the Transfer, a written assumption agreement in a form acceptable to the City Attorney, whereby the transferee assumes all of Covenantor's obligations under this Covenant for the remainder of the Covenant Period; and
(b) Covenantor is not in default under this Covenant or the Grant Agreement at the time of the proposed Transfer.

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

4.2 Permitted Transfers. Notwithstanding Section 4.1, the following shall not require prior City consent, provided that the City receives thirty (30) days' prior written notice and the transferee takes subject to this Covenant:
(a) A Transfer by Covenantor to a trust for estate planning purposes where Covenantor retains beneficial control; or
(b) A Transfer by operation of law to a surviving spouse or domestic partner.

4.3 Transfer in Violation. Any purported Transfer in violation of this Section 4 shall, at the City's election, constitute a default under this Covenant and trigger the City's clawback rights under Section 5.

SECTION 5. REPAYMENT OBLIGATION/CLAWBACK

5.1 Clawback Triggers. The City may demand full or partial repayment of the Grant Amount disbursed if any of the following occur during the Covenant Period:
(a) Covenantor Transfers the Property without the prior written consent of the City as required by Section 4;
(b) Covenantor fails to maintain the Approved Improvements as required by Section 3 and fails to cure such failure within the applicable cure period; (c) The Approved Improvements are demolished, materially altered, or removed without City approval;
(d) Covenantor made any material misrepresentation in connection with the grant application or the Grant Agreement;
(e) Covenantor ceases commercial operations at the Property without City consent; or (f) Covenantor commits any other material breach of this Covenant that is not cured within the applicable cure period.

5.2 Pro-Rated Repayment Formula. The repayment obligation shall be calculated on a pro-rated basis as follows:

Repayment Amount = Grant Amount × (Remaining Full Years in Covenant Period ÷ Total Years in Covenant Period)

5.3 Repayment Demand. Upon occurrence of a clawback trigger, the City shall provide written notice to Covenantor. Covenantor shall repay the applicable amount to the City within sixty (60) calendar days of receipt of such notice. Amounts not repaid within such period

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT shall accrue interest at the rate of [FIVE PERCENT (5%) / the legal rate per California law] per annum from the date of the repayment demand until paid in full.

5.4 Lien. The repayment obligation set forth in this Section 5 shall constitute a lien on the Property in favor of the City, effective upon the occurrence of a clawback trigger and the City's issuance of a repayment demand. The City may, at its election, record a notice of such lien in the official records of Riverside County. Upon full satisfaction of the repayment obligation, the City shall promptly execute and record a release of lien.

SECTION 6. CITY’S RIGHT OF INSPECTION

6.1 Inspection Rights. During the Covenant Period, the City, by and through its authorized representatives, shall have the right to enter and inspect the exterior of the Property and the Approved Improvements upon not less than forty-eight (48) hours' prior written or electronic notice to Covenantor, during normal business hours, to verify compliance with this Covenant.

6.2 Emergency Access. In the event of an emergency posing imminent risk to public health or safety, the City may enter the Property without prior notice, subject to applicable law.

SECTION 7. DEFAULT AND REMEDIES

7.1 Notice of Default. In the event of any default under this Covenant, the City shall provide written notice to Covenantor specifying the nature of the default. Covenantor shall have thirty (30) calendar days following receipt of such notice to cure the default, or such longer cure period as the Program Administrator may agree to in writing, provided Covenantor commences cure within such thirty (30) day period and diligently pursues cure to completion.

7.2 City's Remedies. Upon an uncured default, the City may, at its option, exercise any one or more of the following remedies:
(a) Demand pro-rated repayment of the Grant Amount pursuant to Section 5; (b) Record a notice of default and lien in the official records of Riverside County; (c) Seek specific performance, injunctive relief, or other equitable remedies; (d) Pursue any other remedy available at law or in equity.

7.3 Cumulative Remedies. All remedies of the City under this Covenant are cumulative and not exclusive of one another. The exercise of any one remedy shall not preclude the exercise of any other remedy.

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

7.4 No Waiver. The City's failure or delay in exercising any right or remedy under this Covenant shall not constitute a waiver of such right or remedy or of any subsequent default.

SECTION 8. TERMINATION

8.1 Expiration. This Covenant shall automatically terminate and be of no further force or effect upon the expiration of the Covenant Period, provided Covenantor is not then in default.

8.2 Release. Upon expiration of the Covenant Period, the City shall, within thirty (30) calendar days of written request from Covenantor or any title company, execute and deliver a written release of this Covenant in recordable form, at no cost to Covenantor.

8.3 Early Termination. The City may, in its sole discretion, agree to early termination of this Covenant upon written request from Covenantor and full repayment of all amounts due under Section 5, if any.

SECTION 9. GENERAL PROVISIONS.

9.1 Governing Law. This Covenant shall be governed by and construed in accordance with the laws of the State of California. Venue for any dispute arising hereunder shall be in Riverside County, California.

9.2 Severability. If any provision of this Covenant is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9.3 Amendment. This Covenant may not be amended or modified except by a written instrument signed by both parties and recorded in the official records of Riverside County.

9.4 Notices. All notices required or permitted under this Covenant shall be in writing and delivered by personal delivery, overnight courier, or certified mail, return receipt requested, to:

City: City of Hemet Attn: Director of Community Development [CITY ADDRESS], Hemet, California [ZIP]
Covenantor: [GRANTEE NAME] [GRANTEE ADDRESS] [CITY, STATE, ZIP]

9.5 Authority. Each party represents and warrants that the person executing this Covenant has full authority to do so and to bind such party to the obligations set forth herein.

9.6 Entire Agreement. This Covenant, together with the Grant Agreement and all exhibits thereto, sets forth the entire agreement of the parties with respect to the subject

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT matter hereof and supersedes all prior negotiations, representations, and understandings of the parties relating thereto.

9.7 Counterparts. This Covenant may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

IN WITNESS THEREOF, the parties hereto have executed this Covenant Restriction as of the date first written above.

PROPERTY OWNER(S) CITY OF HEMET
Name Noah Rau, Interim City Manager
Signature
Name
Signature
COVENANTOR: [GRANTEE FULL LEGAL NAME] APPROVED AS TO FORM:

Name/Title Steven P. Graham, City Attorney
Signature
[If entity: attach evidence of signatory authority — corporate resolution or statement of authority]

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT [IF PROPERTY OWNER IS DIFFERENT FROM GRANTEE — PROPERTY OWNER ACKNOWLEDGMENT REQUIRED]
The undersigned, as the fee title owner of record of the Property, hereby (a) consents to the execution and recording of this Covenant against the Property; (b) expressly subjects its entire fee interest in the Property to this Covenant and to all of the covenants, conditions, restrictions, and obligations set forth herein for the duration of the Covenant Period; (c) agrees that this Covenant shall run with the land and be binding upon the fee owner and all successors in interest to, and holders of any interest in, the Property; and (d) acknowledges and agrees that the City may enforce this Covenant against the Property and against the fee owner and its successors as provided herein, whether or not the Covenantor remains in possession or in existence. The fee owner further agrees that, in the event of any Transfer of the fee interest during the Covenant Period, it shall comply with the notice and assumption requirements of Sections 2.3 and 4 of this Covenant.

PROPERTY OWNER: [PROPERTY OWNER FULL LEGAL NAME]
______________________________________
Name/Title
______________________________________
Signature

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

NOTARY ACKNOWLEDGMENTS

STATE OF CALIFORNIA COUNTY OF RIVERSIDE
On _______________, before me, ___________________________, a Notary Public, personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: ___________________________ Notary Public My Commission Expires:
_______________
(Repeat for each signatory party)

DEED RESTRICTION / COVENANT

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT ATTACHMENT 1
[LEGAL PROPERTY DESCRIPTION & APN]

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CITY OF HEMET COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM

MICRO BUSINESS CENTER GRANT AGREEMENT
This Commercial Façade Improvement Grant Agreement ("Agreement") is entered into as of [DATE] ("Effective Date"), by and between the City of Hemet, a California municipal corporation ("City"), and _____________, an individual and [ OWNER/TENANT] of the real property located at [ADDRESS (APN)] (“Grantee”).

RECITALS
A. The City has established the Commercial Façade Improvement Grant Program ("Program") to enhance the physical appearance of commercial properties along the City's major commercial corridors, encourage business retention, increase property values, and promote business vitality.

B. The City Council has appropriated funds for the Program and authorized the Community Development Department to administer Micro Business Center Grants to eligible applicants.

C. Grantee has applied for a Micro Business Center Grant and has been approved for funding subject to the terms and conditions set forth herein.

D. The parties now desire to set forth their respective rights and obligations with respect to the grant.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. DEFINITIONS

1.1 "Approved Improvements" means the façade improvement work described in Exhibit A attached hereto and incorporated herein by this reference.

1.2 "Eligible Costs" means the actual, documented, reasonable costs of labor and materials directly related to the Approved Improvements, exclusive of any costs for work not described in Exhibit A or not approved in writing by the City.

1.3 "Grant Amount" means the sum of ______________________ ($___).

1.4 "Matching Contribution" means the minimum private investment of Five Percent (5%) of the total eligible façade improvement costs required of Grantee as a condition of receiving the Grant Amount.

1.5 "Program Administrator" means the Director of Community Development, or his/her designee.

1.6 "Project" means the Approved Improvements to be performed at the Property.

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1.7 "Property" means the real property located at
_________________________________, Assessor's Parcel Number __________________.

ARTICLE 2. GRANT AWARD AND CONDITIONS

2.1 Grant Award. Subject to the terms and conditions of this Agreement, the City hereby agrees to reimburse Grantee for Eligible Costs in an amount not to exceed the Grant Amount. The Grant Amount shall be disbursed on a reimbursement basis following satisfactory completion of the Approved Improvements and submission of required documentation pursuant to Article

5. 2.2 Matching Requirement. Grantee shall contribute the Matching Contribution toward the total cost of the Approved Improvements. Grantee's failure to provide the required Matching Contribution shall be grounds for termination of this Agreement and forfeiture of all grant funds.

2.3 Total Project Cost. The total cost of the Approved Improvements shall be not less than [DOLLAR AMOUNT] ($________).

2.4 Planning Commission Approval. This Agreement is conditioned upon Grantee maintaining in good standing any Planning Commission approval obtained in connection with the Approved Improvements. Any material modification to the scope of work approved by the Planning Commission shall require prior written consent of the City.

2.5 No Guarantee of Funding. Grant funds are not guaranteed until this Agreement is fully executed by both parties and all conditions precedent set forth herein are satisfied.

ARTICLE 3. SCOPE OF WORK AND CONTRACTOR REQUIREMENTS

3.1 Approved Improvements. Grantee shall perform only those improvements described in Exhibit A. Any proposed modifications to the scope of Approved Improvements must be submitted to the Program Administrator in writing and approved prior to commencement of such modified work.

3.2 Licensed Contractors. All construction work shall be performed by licensed contractors holding a valid California Contractor's License in the applicable classification(s). Grantee shall submit contractor information, including license number and proof of insurance, to the City for approval prior to commencement of any work.

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3.3 Competitive Bidding. Grantee shall solicit not less than THREE (3) competitive bids for work estimated to exceed $5,000.00 and shall submit copies of all bids to the Program Administrator prior to contractor selection.

Bids submitted by Grantee as part of the grant application process may be credited toward this requirement on a work-item-by-work-item basis, subject to the Program Administrator's written approval. Where Grantee demonstrates in writing that fewer than three (3) bids are obtainable for a specific scope of work due to marketplace limitations, a good-faith showing of outreach to at least three (3) contractors, each given not less than five (5) business days to respond, shall satisfy this requirement for that work item.

3.4 Permits. Grantee is responsible for obtaining all necessary permits, including without limitation building permits, from the City prior to commencement of any work. All Approved Improvements shall conform to the City's Building Codes, Zoning Ordinance, and applicable Design Guidelines.

3.5 Design Guidelines. All Approved Improvements shall be consistent with the City's Design Guidelines and any conditions imposed by Planning Commission approval.

3.6 Prevailing Wages. To the extent required by applicable law, Grantee and its contractors shall comply with prevailing wage requirements under California Labor Code Section 1720 et seq. Grantee shall maintain and make available certified payroll records within TEN (10) business days upon request. Grantee shall ensure contractors/subcontractors are currently registered where required, post applicable wage determinations, and correct any underpayment. City may withhold reimbursement pending proof of compliance.

ARTICLE 4. PROJECT TIMELINE

4.1 Commencement. Grantee shall commence the pre-construction phase of the Project, including contractor procurement, competitive bidding, and submission of permit applications, within SIXTY (60) calendar days of the Effective Date of this Agreement. Physical construction shall commence within THIRTY (30) calendar days of building permit issuance, unless otherwise authorized in writing by the Program Administrator.

4.2 Completion Deadline. All Approved Improvements shall be substantially completed within six (6) months of building permit issuance, unless extended in writing by the Program Administrator for good cause. Time is of the essence with respect to all deadlines in this Agreement.

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4.3 Extension. Grantee may request a written extension of the completion deadline by submitting a written request to the Program Administrator no later than thirty (30) calendar days prior to the applicable deadline. Approval of any extension is within the sole discretion of the Program Administrator.

ARTICLE 5. REIMBURSEMENT AND DISBURSEMENT

5.1 Reimbursement Basis. All grant funds shall be disbursed on a reimbursement basis only. No advance payments shall be made under this Agreement.

5.2 Reimbursement Request. Grantee may submit written reimbursement requests to the Program Administrator on a phased or progress basis upon substantial completion of discrete portions of the Approved Improvements, or upon final completion of all Approved Improvements, accompanied by the following:
(a) Copies of all invoices from licensed contractors and suppliers; (b) Proof of payment for all invoiced amounts (cancelled checks, bank statements, or equivalent);
(c) Copies of all applicable permits and final inspection approvals; (d) Photographs of the Property before and after completion of the Approved Improvements;
(e) Any other documentation reasonably requested by the City.

5.3 City Review. The City shall review the reimbursement request within THIRTY (30) calendar days of receipt of a complete submittal. The City reserves the right to conduct a site inspection to verify compliance prior to disbursement.

5.4 Disbursement. Upon approval of the reimbursement request, the City shall disburse the approved amount to Grantee within FIFTEEN (15) calendar days. The City may withhold, reduce, or set off any disbursement for amounts subject to dispute, pending audit, or arising from Grantee’s noncompliance, until resolved to City’s reasonable satisfaction.

5.5 Ineligible Costs. The following costs are not eligible for reimbursement: (a) costs incurred prior to execution of this Agreement; (b) costs for work not described in Exhibit A; (c) costs for work not performed by a licensed contractor; (d) permit fees, unless expressly authorized in Exhibit A; (e) personal property or equipment not affixed to the Property; and (f) any costs not supported by adequate documentation.

ARTICLE 6. MAINTENANCE COVENANT AND DEED RESTRICTION

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6.1 Maintenance Obligation. For a period of TWO (2) years following the date of final disbursement of grant funds ("Covenant Period"), Grantee shall maintain the Approved Improvements in good condition and repair, consistent with the intent and appearance of the improvements as completed.

6.2 Deed Restriction As a condition of receiving the Grant Amount, the Covenant and Restriction agreement attached hereto as Exhibit B and incorporated herein by this reference (the "Deed Restriction"), restricting the Property as set forth in Section 6.1, shall be executed and recorded against the Property at Grantee's expense. If Grantee holds fee title to the Property, Grantee shall execute and record the Deed Restriction. If Grantee does not hold fee title to the Property, Grantee shall cause the fee owner of the Property to execute and record the Deed Restriction, and Grantee's obligation to receive grant funds is expressly conditioned upon such execution and recordation. The Deed Restriction shall be recorded with the Riverside County Recorder's Office prior to or concurrently with the first disbursement of grant funds.

Grantee's failure to cause the Deed Restriction to be recorded shall be grounds for termination of this Agreement and forfeiture of all grant funds.

6.3 Failure to Maintain. If Grantee fails to maintain the Approved Improvements as required by Section 6.1 and fails to cure such failure within sixty (60) calendar days of written notice from the City, the City may exercise its clawback rights under Article 7.

ARTICLE 7. CLAWBACK AND REPAYMENT

7.1 Clawback Triggers. The City may demand full or partial repayment of the Grant Amount disbursed, on a pro-rated basis, if any of the following occur during the Covenant Period: (a) Grantee, or if Grantee does not hold fee title, the fee owner of the Property, sells, transfers, or otherwise voluntarily conveys the Property, or Grantee's leasehold or other possessory interest in the Property is voluntarily terminated, assigned, or surrendered, in each case without the prior written consent of the City; provided, however, that the following involuntary events shall not constitute a clawback trigger under this subsection: (i) transfer by operation of law upon the death of Grantee to Grantee's heirs, devisees, or a revocable living trust established by Grantee, provided that the successor owner, trustee, or successor tenant assumes in writing all obligations of this Agreement within ninety (90) calendar days of the date of transfer; or (ii) any other transfer or termination required by law or court order;

7.2 Pro-Rated Repayment. The repayment obligation shall be calculated on a pro-rated basis as follows: the Grant Amount multiplied by the number of

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remaining full years in the Covenant Period, divided by the total number of years in the Covenant Period.

7.3 Repayment Demand. Upon occurrence of a clawback trigger, the City shall provide written notice to Grantee. Grantee shall repay the applicable amount within sixty (60) calendar days of such notice. Amounts not repaid within such period shall accrue interest at the rate of FIVE PERCENT (5%) per annum until paid in full.

ARTICLE 8. INSURANCE

8.1 Insurance Requirements. Prior to commencement of any work, Grantee shall cause its contractor(s) to obtain and maintain throughout the Project the following insurance coverages: (a) Commercial General Liability Insurance with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate; (b) Workers' Compensation Insurance as required by California law; (c) Automobile Liability Insurance with minimum limits of $1,000,000 combined single limit.

8.2 Additional Insured. The City, its officers, officials, employees, and agents shall be named as additional insureds on all required liability policies. Grantee shall provide certificates of insurance evidencing required coverages prior to commencement of work.

ARTICLE 9. INDEMNIFICATION

9.1 Indemnification by Grantee. To the fullest extent permitted by law, Grantee shall indemnify, defend (with counsel acceptable to City), and hold harmless the City of Hemet and its elected officials, officers, employees, agents, and representatives (collectively, "Indemnitees") from and against any and all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the performance of the Approved Improvements; (b) any act or omission of Grantee or its contractors, subcontractors, employees, or agents in connection with this Agreement; or (c) any breach of this Agreement by Grantee.

9.2 No City Liability for Construction. The City shall have no responsibility or liability for any defect in the Approved Improvements or for any damage to persons or property arising from the performance of the work. Grantee is solely responsible for any discovery, handling, or remediation of hazardous substances at the Property as the City has no responsibility or control over such conditions. Any City inspections or approvals are solely for determining

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compliance with applicable codes and program requirements and do not constitute a warranty of design, workmanship, or safety.

ARTICLE 10. DEFAULT AND REMEDIES

10.1 Events of Default. Each of the following shall constitute an event of default under this Agreement: (a) Grantee fails to commence or complete the Approved Improvements within the time periods set forth in Article 4; (b) Grantee uses grant funds for purposes other than those authorized under this Agreement; (c) Grantee fails to comply with any term or condition of this Agreement; (d) Any representation or warranty made by Grantee proves to be materially false or misleading; (e) Grantee becomes insolvent or files for protection under applicable bankruptcy laws.

10.2 Notice and Cure. The City shall provide Grantee with written notice of any event of default. Grantee shall have thirty (30) calendar days following receipt of such notice to cure the default, or such longer cure period as may be agreed in writing by the Program Administrator.

10.3 Remedies. Upon an uncured event of default, the City may, at its option: (a) terminate this Agreement; (b) demand repayment of all or any portion of grant funds previously disbursed; (c) suspend disbursements; (d) exercise the rights set forth in the Deed Restriction; and/or (e) pursue any other remedy available at law or in equity. Remedies are cumulative, including those in Article 7.

10.4 No waiver. The City’s rights and remedies are cumulative. Any delay or failure to enforce any provision in this agreement is not a waiver of that or any other right.

ARTICLE 11. GENERAL PROVISIONS

11.1 Compliance with Laws. Grantee shall comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with the performance of the Approved Improvements and the use of grant funds, including without limitation California Building Code, the Americans with Disabilities Act, and applicable environmental laws.

11.2 Non-Discrimination. Grantee shall not discriminate against any person in connection with the Approved Improvements on account of race, color, national origin, religion, sex, sexual orientation, gender identity, disability, age, or any other characteristic protected by applicable law.

11.3 Subsidy Reporting. To the extent required by California Government Code Section 53083 and any other applicable law, the City shall prepare and post

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required economic development subsidy reports regarding this grant. Grantee shall promptly provide reasonably requested information necessary for the City’s preparation of required public reports under applicable law.

11.4 No Assignment. Grantee may not assign, transfer, or delegate any of its rights or obligations under this Agreement without the prior written consent of the City, which may be withheld in the City's sole discretion.

11.5 Entire Agreement. This Agreement, including all exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, and understandings of the parties.

11.6 Amendments. This Agreement may not be amended or modified except by a written instrument signed by both parties.

11.7 Public Records. Submissions under this Agreement may constitute public records. The City will disclose such records as required by law. If Grantee asserts that any portion contains protected confidential information, Grantee shall clearly mark such portions and provide a written basis at the time of submission.

11.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any dispute arising under this Agreement shall be in Riverside County, California.

11.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original.

11.10 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.11 Notice. All notices required or permitted under this Agreement shall be in writing and delivered by personal delivery, overnight courier, or certified mail, return receipt requested, to the addresses set forth below, or to such other address as either party may designate by written notice:

City: City of Hemet
Attn: City Manager
445 E. Florida Ave.

Hemet, CA 92543
Grantee: NAME

ADDRESS

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11.12 Authority. Each party represents and warrants that the person executing this Agreement on its behalf has full authority to do so and to bind such party to the obligations set forth herein.

11.13 Survival. The obligations relating to indemnification, clawback, repayment, and maintenance shall survive the termination or expiration of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

CITY OF HEMET, a California municipal corporation
By: ___________________________
Name: Noah Rau
Title: Interim City Manager
Date: ___________________________
Attest: ___________________________
City Clerk
Approved as to Form:
___________________________
City Attorney
GRANTEE:

By: ___________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________
[IF ENTITY: provide evidence of authority, e.g., corporate resolution or statement of authority) (IF PROPERTY OWNER IS DIFFERENT FROM GRANTEE — LANDLORD

CONSENT)
The undersigned property owner hereby consents to the execution of this Agreement and the performance of the Approved Improvements on the Property. The undersigned property owner further acknowledges and agrees to execute the Deed Restriction

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attached as Exhibit B and to be bound by the Maintenance Covenant and Deed Restriction obligations set forth in Article 6 for the duration of the Covenant Period.

PROPERTY OWNER: [PROPERTY OWNER FULL LEGAL NAME]
By: ___________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________

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EXHIBIT A

APPROVED IMPROVEMENTS

MICRO BUSINESS CENTER GRANT
Property Address: [PROPERTY ADDRESS], Hemet, California [ZIP] APN: [APN]
Grantee: [GRANTEE FULL LEGAL NAME]
Grant Amount:

Description of Approved Improvements
The following façade improvement work has been approved by the Planning Commission and Community Development Department:

1. Exterior Painting
• Full exterior repaint of building façade, including all street-facing elevations • Surface preparation including cleaning, patching, priming, and caulking of all exterior surfaces prior to paint application
• Paint colors and finish to conform to City Design Guidelines and Planning Commission-approved color palette: [INSERT APPROVED COLOR(S) AND PRODUCT SPECIFICATIONS]
• Application to include: [INSERT SPECIFIC AREAS, e.g., stucco, trim, doors, window frames]
• Materials: [INSERT PAINT BRAND, PRODUCT LINE, AND FINISH, e.g., exterior-grade, low-VOC]

2. Landscaping

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• Installation of landscaping improvements along building frontage, including:
[INSERT SPECIFIC SCOPE, e.g., removal of existing vegetation, grading, planting of drought-tolerant species, installation of mulch/ground cover, irrigation] • Plant species and layout consistent with City Design Guidelines and Planning Commission approval: [INSERT APPROVED PLANT PALETTE AND LAYOUT SPECIFICATIONS]
• Dimensions of landscaped area: [INSERT LINEAR FEET / SQUARE FOOTAGE] Financial Summary
Item Amount
Estimated Total Project Cost $
Grantee Matching Contribution (5% minimum) $
City Grant Amount (not to exceed) $
Note: The Matching Contribution percentage reflects the proportion of the total estimated project cost borne by Grantee ($_____/_____).

Approved Contractor(s)
Contractor Name License No. Classification
[CONTRACTOR NAME] [LICENSE NO.] [e.g., C-33 Painting / C-27 Landscaping] Project Completion Deadline
[DATE — 6 months from building permit issuance]
Permit Fees
Permit fees are not eligible for reimbursement under this Agreement, unless otherwise approved in writing by City designee.

Ineligible Costs
The following costs associated with this Project are not eligible for reimbursement: work not described above; materials or labor costs incurred prior to the Effective Date of the Agreement; work performed by unlicensed contractors; personal property or equipment not affixed to the Property; and any costs not supported by adequate documentation.

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EXHIBIT B

DEED RESTRICTION / COVENANT

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

SPACE ABOVE THIS LINE RESERVED
FOR RECORDER’S USE

COVENANT AND DEED RESTRICTION AGREEMENT
THIS COVENANT AND DEED RESTRICTION AGREEMENT (“Covenant”) is made and entered into this ___th day of______, 2026, by and between: [GRANTEE FULL LEGAL NAME], a [individual / corporation / LLC / partnership / other entity type], whose address is [GRANTEE ADDRESS], [CITY, STATE, ZIP] ("Covenantor"); and The City of Hemet, a California municipal corporation, whose address is [CITY ADDRESS], Hemet, California [ZIP] ("City").

RECITALS
A. Covenantor is either (i) the owner of record of that certain real property located at [PROPERTY ADDRESS], Hemet, California [ZIP], identified as Assessor's Parcel Number [APN], and more particularly described in Attachment 1 attached hereto and incorporated herein (the "Property"); or (ii) a lessee or other lawful occupant of the Property, in which case the fee title owner of record joins in this Covenant and subjects its fee interest to the Exempt from Recording Fees
Pursuant to Government Code §
6103
When Recorded Mail to:

City of Hemet
Economic Development Department
445 E Florida Ave
Hemet, CA 92543
Address: 2700 W. Devonshire Ave., Hemet, CA
92545
APN: 448270013

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT covenants, conditions, and restrictions set forth herein as provided in Section 2.4 and in the Property Owner Acknowledgment below.

B. The City has established the Commercial Façade Improvement Grant Program ("Program") to enhance the physical appearance of commercial properties along the City's major commercial corridors, encourage business retention, increase property values, and promote business vitality.

C. The City Council has appropriated funds for the Program and authorized the Community Development Department to administer Micro Commercial Façade Improvement Grant Program to eligible applicants.

D. Pursuant to that certain Commercial Façade Improvement Grant Agreement dated [DATE] between the City and Covenantor ("Grant Agreement"), the City agreed to reimburse Covenantor for eligible façade improvement costs in an amount not to exceed $[GRANT AMOUNT] ("Grant Amount"), subject to the terms and conditions of the Grant Agreement.

E. As a condition of receiving the Grant Amount, Covenantor agreed to execute and record this Covenant against the Property, restricting the Property as set forth herein, prior to or concurrently with the first disbursement of grant funds.

F. The City and Covenantor desire to set forth the covenants, restrictions, and obligations that shall run with the land and bind all successors in interest to the Property during the Covenant Period.

G. The parties intend that this Covenant be given by Covenantor as a material condition of, and in direct consideration for, the City's conveyance and disbursement of public grant funds to Covenantor under the Grant Agreement. Covenantor acknowledges that the City would not have awarded or disbursed the Grant Amount absent Covenantor's agreement to encumber the Property with the covenants, conditions, and restrictions set forth herein, and that such restrictions are integral to the conveyance of public funds and to the public purposes of the Program described above. The parties intend that this Covenant constitute a covenant contained in and connected with an instrument by which an interest is conveyed within the meaning of California Civil Code Section 1462, and further intend that it be enforceable as a covenant running with the land, as an equitable servitude, and as a contractual obligation binding on Covenantor and its successors in interest.

NOW, THEREFORE, in consideration of the Grant Amount, the mutual covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT SECTION 1. DEFINITIONS

1.1 "Approved Improvements" means the façade improvement work described in Exhibit A to the Grant Agreement, incorporated herein by reference.

1.2 "Covenant Period" means the period commencing on the date of final disbursement of grant funds and expiring on the ______ (___) anniversary thereof, unless sooner terminated pursuant to Section 7 of this Covenant.

1.3 "Grant Agreement" means the Commercial Façade Improvement Grant Agreement dated [DATE], between the City and Covenantor, as it may be amended from time to time with the written consent of both parties.

1.4 "Grant Amount" means the total amount of grant funds disbursed by the City to Covenantor pursuant to the Grant Agreement, not to exceed $[AMOUNT].

1.5 "Program Administrator" means the Director of Community Development of the City of Hemet, or his/her designee.

1.6 "Property" means the real property described in Attachment 1 to this Covenant.

1.7 "Transfer" means any sale, assignment, conveyance, lease (other than a bona fide arm's length commercial tenancy of the improvements in the ordinary course of business), transfer, or other disposition of the Property or any interest therein, whether voluntary or involuntary, by operation of law or otherwise.

SECTION 2. COVENANTS RUNNING WITH THE LAND

2.1 Running with the Land. This Covenant shall be recorded in the Official Records of Riverside County, California, and shall run with the land and burden the Property for the duration of the Covenant Period. The parties intend that this Covenant shall be enforceable as (a) a covenant running with the land pursuant to California Civil Code Sections 1462, 1468, and 1470; (b) an equitable servitude enforceable in equity against Covenantor and all successors in interest; and (c) a contractual obligation binding upon Covenantor and its successors and assigns. The covenants, conditions, and restrictions set forth herein (i) touch and concern the Property; (ii) are imposed upon and burden the Property for the benefit of the City in its governmental capacity in furtherance of the Program and the public purposes described in the Recitals; (iii) are intended to bind each successive owner and holder of any interest in the Property during the Covenant Period; and (iv) shall inure to the benefit of the City and its successors and assigns. Covenantor acknowledges and agrees that the City need not own, and is not required to own, any real property benefited by this Covenant in order to enforce it, the parties intending that this Covenant be enforceable by the City as a governmental entity for

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT the benefit of the public and the Program. To the extent any requirement of California Civil Code Section 1468 is not satisfied, the parties intend that this Covenant remain fully enforceable as an equitable servitude and as a contractual obligation binding on successors with notice.

2.2 Benefit to City. This Covenant is made for the express benefit of the City of Hemet and the Program, and the City shall have the right to enforce this Covenant as provided herein.

2.3 Notice to Successors. Covenantor shall provide written notice of the existence of this Covenant and its terms to any prospective purchaser, transferee, or lender at or before the time of any Transfer or encumbrance of the Property or any interest therein.

2.4 Lessee Covenantor; Owner Joinder. If Covenantor holds a leasehold or other possessory interest in the Property rather than the fee title, then (a) Covenantor's obligations under this Covenant shall apply to the full extent of Covenantor's interest in the Property and shall not be diminished by the expiration or termination of Covenantor's leasehold or possessory interest; and (b) as a condition to disbursement of the Grant Amount, the fee title owner of record shall join in this Covenant by executing the Property Owner Acknowledgment set forth below, thereby subjecting its entire fee interest in the Property to this Covenant for the duration of the Covenant Period. The parties intend that, in all events, the covenants, conditions, and restrictions set forth herein attach to and burden the fee interest in the Property so that they run with the land and bind all successors in interest during the Covenant Period.

SECTION 3. OBLIGATIONS

3.1 Maintenance Standard. During the Covenant Period, Covenantor shall maintain the Approved Improvements in good condition and repair, consistent with the intent and appearance of the improvements as completed, and in a manner that preserves the visual quality and integrity of the façade work funded by the Grant Amount.

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

3.2 Specific Maintenance Obligations. Without limiting the generality of Section 3.1, Covenantor's maintenance obligations include:
(a) Promptly repairing or replacing any damaged, deteriorated, broken, or defaced elements of the Approved Improvements;
(b) Repainting or refinishing exterior surfaces as necessary to prevent peeling, fading, graffiti, or deterioration that materially detracts from the appearance of the Property; (c) Maintaining all signage, lighting, awnings, canopies, storefront glazing, and other elements of the Approved Improvements in working order and in good repair; (d) Keeping the exterior of the Property free of graffiti, vandalism, and unsightly accumulations of debris or waste; and
(e) Complying with all applicable provisions of the City's Municipal Code, Zoning Ordinance, and Building Code relating to property maintenance.

3.3 No Demolition or Material Alteration. During the Covenant Period, Covenantor shall not demolish, remove, or materially alter the Approved Improvements without the prior written consent of the Program Administrator. Any City-approved modifications shall be documented in writing and, if the City determines appropriate, memorialized by a recorded amendment to this Covenant.

3.4 Continued Commercial Use. During the Covenant Period, Covenantor shall maintain active commercial operations at the Property consistent with the purpose for which the grant was awarded. Cessation of commercial operations at the Property without the prior written consent of the City shall constitute a default under this Covenant.

SECTION 4. TRANSFER RESTRICTION

4.1 Restriction on Transfer. During the Covenant Period, Covenantor shall not effectuate a Transfer of the Property or any interest therein without the prior written consent of the City, which shall not be unreasonably withheld, conditioned, or delayed provided that:
(a) The proposed transferee executes and delivers to the City, prior to the Transfer, a written assumption agreement in a form acceptable to the City Attorney, whereby the transferee assumes all of Covenantor's obligations under this Covenant for the remainder of the Covenant Period; and
(b) Covenantor is not in default under this Covenant or the Grant Agreement at the time of the proposed Transfer.

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

4.2 Permitted Transfers. Notwithstanding Section 4.1, the following shall not require prior City consent, provided that the City receives thirty (30) days' prior written notice and the transferee takes subject to this Covenant:
(a) A Transfer by Covenantor to a trust for estate planning purposes where Covenantor retains beneficial control; or
(b) A Transfer by operation of law to a surviving spouse or domestic partner.

4.3 Transfer in Violation. Any purported Transfer in violation of this Section 4 shall, at the City's election, constitute a default under this Covenant and trigger the City's clawback rights under Section 5.

SECTION 5. REPAYMENT OBLIGATION/CLAWBACK

5.1 Clawback Triggers. The City may demand full or partial repayment of the Grant Amount disbursed if any of the following occur during the Covenant Period:
(a) Covenantor Transfers the Property without the prior written consent of the City as required by Section 4;
(b) Covenantor fails to maintain the Approved Improvements as required by Section 3 and fails to cure such failure within the applicable cure period; (c) The Approved Improvements are demolished, materially altered, or removed without City approval;
(d) Covenantor made any material misrepresentation in connection with the grant application or the Grant Agreement;
(e) Covenantor ceases commercial operations at the Property without City consent; or (f) Covenantor commits any other material breach of this Covenant that is not cured within the applicable cure period.

5.2 Pro-Rated Repayment Formula. The repayment obligation shall be calculated on a pro-rated basis as follows:

Repayment Amount = Grant Amount × (Remaining Full Years in Covenant Period ÷ Total Years in Covenant Period)

5.3 Repayment Demand. Upon occurrence of a clawback trigger, the City shall provide written notice to Covenantor. Covenantor shall repay the applicable amount to the City within sixty (60) calendar days of receipt of such notice. Amounts not repaid within such period

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT shall accrue interest at the rate of [FIVE PERCENT (5%) / the legal rate per California law] per annum from the date of the repayment demand until paid in full.

5.4 Lien. The repayment obligation set forth in this Section 5 shall constitute a lien on the Property in favor of the City, effective upon the occurrence of a clawback trigger and the City's issuance of a repayment demand. The City may, at its election, record a notice of such lien in the official records of Riverside County. Upon full satisfaction of the repayment obligation, the City shall promptly execute and record a release of lien.

SECTION 6. CITY’S RIGHT OF INSPECTION

6.1 Inspection Rights. During the Covenant Period, the City, by and through its authorized representatives, shall have the right to enter and inspect the exterior of the Property and the Approved Improvements upon not less than forty-eight (48) hours' prior written or electronic notice to Covenantor, during normal business hours, to verify compliance with this Covenant.

6.2 Emergency Access. In the event of an emergency posing imminent risk to public health or safety, the City may enter the Property without prior notice, subject to applicable law.

SECTION 7. DEFAULT AND REMEDIES

7.1 Notice of Default. In the event of any default under this Covenant, the City shall provide written notice to Covenantor specifying the nature of the default. Covenantor shall have thirty (30) calendar days following receipt of such notice to cure the default, or such longer cure period as the Program Administrator may agree to in writing, provided Covenantor commences cure within such thirty (30) day period and diligently pursues cure to completion.

7.2 City's Remedies. Upon an uncured default, the City may, at its option, exercise any one or more of the following remedies:
(a) Demand pro-rated repayment of the Grant Amount pursuant to Section 5; (b) Record a notice of default and lien in the official records of Riverside County; (c) Seek specific performance, injunctive relief, or other equitable remedies; (d) Pursue any other remedy available at law or in equity.

7.3 Cumulative Remedies. All remedies of the City under this Covenant are cumulative and not exclusive of one another. The exercise of any one remedy shall not preclude the exercise of any other remedy.

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

7.4 No Waiver. The City's failure or delay in exercising any right or remedy under this Covenant shall not constitute a waiver of such right or remedy or of any subsequent default.

SECTION 8. TERMINATION

8.1 Expiration. This Covenant shall automatically terminate and be of no further force or effect upon the expiration of the Covenant Period, provided Covenantor is not then in default.

8.2 Release. Upon expiration of the Covenant Period, the City shall, within thirty (30) calendar days of written request from Covenantor or any title company, execute and deliver a written release of this Covenant in recordable form, at no cost to Covenantor.

8.3 Early Termination. The City may, in its sole discretion, agree to early termination of this Covenant upon written request from Covenantor and full repayment of all amounts due under Section 5, if any.

SECTION 9. GENERAL PROVISIONS.

9.1 Governing Law. This Covenant shall be governed by and construed in accordance with the laws of the State of California. Venue for any dispute arising hereunder shall be in Riverside County, California.

9.2 Severability. If any provision of this Covenant is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

9.3 Amendment. This Covenant may not be amended or modified except by a written instrument signed by both parties and recorded in the official records of Riverside County.

9.4 Notices. All notices required or permitted under this Covenant shall be in writing and delivered by personal delivery, overnight courier, or certified mail, return receipt requested, to:

City: City of Hemet Attn: Director of Community Development [CITY ADDRESS], Hemet, California [ZIP]
Covenantor: [GRANTEE NAME] [GRANTEE ADDRESS] [CITY, STATE, ZIP]

9.5 Authority. Each party represents and warrants that the person executing this Covenant has full authority to do so and to bind such party to the obligations set forth herein.

9.6 Entire Agreement. This Covenant, together with the Grant Agreement and all exhibits thereto, sets forth the entire agreement of the parties with respect to the subject

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT matter hereof and supersedes all prior negotiations, representations, and understandings of the parties relating thereto.

9.7 Counterparts. This Covenant may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

IN WITNESS THEREOF, the parties hereto have executed this Covenant Restriction as of the date first written above.

PROPERTY OWNER(S) CITY OF HEMET
Name Noah Rau, Interim City Manager
Signature
Name
Signature
COVENANTOR: [GRANTEE FULL LEGAL NAME] APPROVED AS TO FORM:

Name/Title Steven P. Graham, City Attorney
Signature
[If entity: attach evidence of signatory authority — corporate resolution or statement of authority]

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT [IF PROPERTY OWNER IS DIFFERENT FROM GRANTEE — PROPERTY OWNER ACKNOWLEDGMENT REQUIRED]
The undersigned, as the fee title owner of record of the Property, hereby (a) consents to the execution and recording of this Covenant against the Property; (b) expressly subjects its entire fee interest in the Property to this Covenant and to all of the covenants, conditions, restrictions, and obligations set forth herein for the duration of the Covenant Period; (c) agrees that this Covenant shall run with the land and be binding upon the fee owner and all successors in interest to, and holders of any interest in, the Property; and (d) acknowledges and agrees that the City may enforce this Covenant against the Property and against the fee owner and its successors as provided herein, whether or not the Covenantor remains in possession or in existence. The fee owner further agrees that, in the event of any Transfer of the fee interest during the Covenant Period, it shall comply with the notice and assumption requirements of Sections 2.3 and 4 of this Covenant.

PROPERTY OWNER: [PROPERTY OWNER FULL LEGAL NAME]
______________________________________
Name/Title
______________________________________
Signature

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT

NOTARY ACKNOWLEDGMENTS

STATE OF CALIFORNIA COUNTY OF RIVERSIDE
On _______________, before me, ___________________________, a Notary Public, personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: ___________________________ Notary Public My Commission Expires:
_______________
(Repeat for each signatory party)

DEED RESTRICTION / COVENANT

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COVENANT AND DEED RESTRICTION AGREEMENT – COMMERCIAL FAÇADE GRANT ATTACHMENT 1
[LEGAL PROPERTY DESCRIPTION & APN]

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Mar 24 2026
Department: City Council
Submitted by: Mark Prestwich, City Manager
Benigno Sandoval, Economic Development Director;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:

Consider Approval of the Commercial Facade Improvement Grant Program City Council Business Ad-Hoc Committee Recommendations for the MACRO Grant Applications RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Receive a Report regarding the Commercial Facade Improvement Grant Program Application and City Council Business Ad-Hoc Recommendations; and

2. Approve the City of Hemet Commercial Facade Improvement Grant Program City Council Business Ad-Hoc Recommendations for the MACRO Grant Applications.

BACKGROUND:

The City Council's adopted Strategic Plan and Safe and Clean Streets Initiative included a Fiscal Year (FY) 2023-24 Action Item to create a two-year Commercial Facade Improvement Pilot Program.

Subsequently, the Council adopted the Commercial Facade Improvement Grant Program (CFIGP), which is a City of Hemet business incentive program to enhance the physical appearance and attract new visitors to the City’s major commercial corridors.

The Program offered two types of facade improvement grants:

Small Business Grant (Micro)
The Small Business Grant provides reimbursement of up to Thirty Thousand Dollars ($30,000) for commercial building facade improvements with a minimum 5% matching requirement. Projects must be completed within six months of the grant approval or building permit issuance. The City has appropriated a total of $240,000. $120,000 for Fiscal Year 2023-2024 and $120,000 for Fiscal Year 2024-2025 = Total $240,000. The Planning Commission awarded Macro Business Grant

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The Macro Business Center Grant provides a reimbursable matching grant of up to 80% of eligible project costs. Matching grant recipients are required to contribute a minimum of 20% of the total facade improvement costs. Projects must be completed within 18 months of building permit issuance.

The City has appropriated a total of $660,000. $330,000 for fiscal year 2023-2024 and an additional $330,000 for fiscal year 2024-2025 = Total $660,000
Eligible Property Improvements
All improvements are required to conform to City Building Codes, the City’s Zoning Ordinance, and applicable Design Guidelines. Properties or businesses with active Zoning or Code Enforcement cases are not eligible for this program. Eligible improvements include, but are not limited to:
 Historic Building Restoration (removal of non-historic materials or additions such as stucco and exposing original masonry/brick)
 Exterior Facade Treatments (stucco, brick veneer, paint removal, etc.)  Replacement of Signage
 New Awnings
 Parking Lots
 Exterior Painting visible from right-of-way
 Exterior Lighting
 New Windows/Window Frames
 New Exterior Doors
 Structure Components such as Foundation, Wall, Beams, Floor, Slab, Columns, Stairs, and Frames (Only Macro Business-Center Grant qualifies).
 Construction of New Facade Elements
 Anti-graffiti Treatment to Existing Windows
 Installation of Permanent Landscaping
 Construction of Outdoor Dining or Gathering Spaces
 Murals, if they are professionally done and receive Planning Commission approval, provide an important aesthetic improvement and/or improve an expanse of wall or surface prone to graffiti.  Additional improvements that are deemed to be consistent with the intent of the program will be reviewed and approved/disapproved on a case-by-case basis by the Community Development Department and City Manager.

ANALYSIS:

1. Committee Formation and Governance
The approved grant program delegated application review and approval to the Hemet Planning Commission. The Commission established an Ad Hoc Committee to review the six applications received under the MACRO version of the grant program.

2. Review Process and Meetings
A total of three Ad-Hoc Committee meetings were conducted:
 Initial Review: Staff and the Ad-Hoc Planning Commission Committee performed a preliminary sweep of all applications to ensure basic eligibility and compliance with city codes.

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 Deep Dive Analysis: Each application was scored based on architectural merit, the scope of work, and the projected improvement to the surrounding streetscape.  Final Deliberation: After gathering all technical data, the committee narrowed the field to the most viable candidates.

3. Field Evaluation: The In-Person Walkthrough
To move beyond paper applications, the Ad-Hoc Committee and Staff conducted an in-person walkthrough for the potential short-listed applications. This allowed the team to:
 Verify the current condition of the facades.
 Discuss specific project elements (signage, paint, lighting) directly on-site.  Assess the feasibility of the proposed timelines and budgets

4. Recap and Categorization
Decision-making on the selection of applicants was elevated to the City Council Business Ad-Hoc Committee to avoid a conflict of interest (one of the businesses at a project site was later acquired by a Planning Commissioner after the original application was submitted).  Macro Grants: Reserved for comprehensive structural or aesthetic overhauls that significantly transform the building’s footprint.

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5. Final Review by the City Council Business Ad-Hoc Committee:

The Hemet City Council Business Ad-Hoc Committee consisting of Mayor Pro Tem Males and Council Member Peterson and Staff met on March 18, 2026, to review the applications previously reviewed by the Planning Commission Ad-Hoc Committee.

City Council Business Ad-Hoc Committee Macro Award Recommendations:

1. DD's Discount, Just Bargain, Citi Bank, Harbor Freight, Super Dollar laundromat, Asian market, Clothing store, Barber - 1709 W Florida Avenue:

Amount Recommended: $203,000 (Parking lot lights, Pylon sign, landscaping) Total Project Cost = $317,221.88

2. Harwin-Parkersburg LTD The Mattress Shop, Hair Paradise Beauty Supplies, M-A-S Hair & Beauty, Valley Wide Hearing Aid, Vonne Welch Insurance Company - 2101-2145 W. Florida Avenue
Amount Recommended: $300,000 (Landscaping, Paint, Lighting, Pylon Sign, Windows, Parking Lot)
Total project cost = $468,392.46

3. Wishney/Wishney Stetson Plaza - 475 W Stetson Avenue:

Amount Recommended: $157,000 (Paint, Sign, Lighting, and Landscaping) Total Project Cost = $275,678.00
Total = $660,000

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Total Project Costs = $1,061,292.34
STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Objective 3: Increase Public Safety visibility and response.

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

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

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

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

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

Objective 2: Increase transparency for the public.

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

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

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

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

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

Grant funds have already been appropriated by City Council in Fiscal Years 2023-2024 and 2024- 2025.

ALTERNATIVE(S):
1) Reopen the Commercial Facade Improvement Grant Program - MACRO Applications 2) Provide alternative direction to the City Manager
ATTACHMENT(S):

Attachment 1: Commercial Facade Improvement Grant Program Letter mp edits v2 Attachment 2: City of Hemet - Commercial Facade Improvement Program Guidelines - Official Version
Attachment 3: 475 W Stetson Avenue Hemet CA 92543
Attachment 4: Harwin-Parkersburg LTD 2101 2145 W Florida Ave Hemet CA 92545 Attachment 5: 1709 W Florida Ave Hemet CA 92543
Attachment 6: Hemet Automotive Groupe
Attachment 7: Car Wash Depot
Attachment 8: Sri Sai Ram

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August 20, 2024
RE: New Commercial Façade Improvement Grant Program!
Dear Hemet Businesses,
The City of Hemet is excited to announce a new Commercial Facade Improvement Program competitive grant program! This initiative is designed to support the enhancement of our City's commercial areas by providing financial assistance to businesses for exterior improvements. The grant application window opens on Tuesday, September 3, 2024 and runs for 60 days to allow you time to consider various external improvements for your business.

The Program aims to revitalize our City's commercial districts, making them more attractive and inviting for residents and visitors alike. Improving the exterior appearance of your Hemet business will improve the overall aesthetic appeal of our community, be more inviting to shoppers, and enhance the value of your property.

Small-Business Grants (Up to $30,000) – The Small Business Program is limited to the Downtown Specific Plan Area with a preference for improvements on Florida Avenue between San Jacinto Street and State Street (see attached map for eligible locations). This grant provides reimbursement of up to $30,000 for commercial building façade improvements and requires only a 5% matching requirement.

Updating exterior signs, adding lighting, painting, new awnings, and other improvements are eligible under this program. Projects must be completed within six months of the grant approval or building permit issuance. Museums and non-profit organizations are eligible to apply as well.

Macro-Business Center Grant (Up to $660,000) – The Macro-Business Center Grant is intended to incentivize an investment in a distressed large shopping center. Grant recipients are required to contribute a minimum of 20% of the total facade improvement costs. Projects must be completed within 18 months of building permit issuance. The total cost of the improvement work must exceed $350,000.

We encourage all eligible businesses to take advantage of this fantastic opportunity and to prepare and apply. All applications will be reviewed by City staff for eligibility and presented to the Planning Commission for review and potential award. Investing in your business's exterior not only benefits your business but also contributes to the broader goal of making the City of Hemet a more beautiful and thriving community.

The City of Hemet looks forward to seeing the exciting improvements that will come from this grant program and to working together to enhance the beauty and vitality of Hemet's commercial districts.

Best regards,
Ben Sandoval
Economic Development Manager
City of Hemet
(951) 669-0265
[email protected]
https://www.hemetca.gov/econdev

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Commercial Commercial Façade Improvement Grant Program
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Guidelines
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City of Hemet – Economic Development
City of Hemet
Commercial Facade Improvement Grant
Program Guidelines
June 2024
City of Hemet
https://www.hemetca.gov

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Commercial Commercial Façade Improvement Grant Program
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PROGRAM OVERVIEW
The Commercial Facade Improvement Grant Program (CFIGP) is a new City of Hemet business incentive program to enhance the physical appearance and attract new visitors to the City’s major commercial corridors. The Program offers two types of facade improvement grants, as well as up ten (10) hours of architectural fees and five (5) hours of design assistance to alleviate up-front design costs. The City Council has appropriated $450,000 in Fiscal Year 2023-24 and the draft Fiscal Year 2024-25 budget includes an additional $450,000 toward this program.

Applications will be considered on a first-come, first-served basis. The long-term objective is to upgrade and improve the physical appearance of businesses, encouraging retention of existing businesses, increasing property values, and improved business vitality.

PROGRAM COMPONENTS
Commercial Façade Improvement Grants
Small-Business Grant – Provides reimbursement of up to Thirty Thousand dollars ($30,000) for commercial building façade improvements with a 5% matching requirement. Projects must be completed within six (6) months of the grant approval or building permit issuance. The Small-Business Grant program is limited to the Downtown Specific Plan area with a preference for improvements on Florida Avenue. Museums and non-profit organizations are eligible to apply as well. The City has allocated $120,000 for Small-Business Grants which will fund improvements at a minimum of Four (4) businesses.

Macro-Business Center Grant – Provides a reimbursable matching grant of 80% of eligible project costs. The total cost of the improvement work must be more than Three Hundred Fifty Thousand Dollars ($350,000). Matching grant recipients are required to contribute a minimum of 20% of the total facade improvement costs. Projects must be completed within eighteen (18) months of building permit issuance. The City has allocated $330,000 for one Macro-Business Center Grant in Fiscal Year 2023-24 that requires a minimum private investment of $66,000. The City intends to allocate an additional $330,000 toward a Macro-Business Center Grant in Fiscal Year 2024-25.

Applicants for the Macro-Business Center Grant with projects in excess of $396,000 may consolidate funding from Fiscal Year 2023-24 and 2024-25 appropriations toward their project so long as a match of 20% is provided. Planning Commission approval required for all Macro-Business Center Grants.

Grant funding is to be used for labor and materials directly related to the commercial facade construction only. Program funds are to be used for exterior building improvements and revitalization rather than a simple routine maintenance or equipment (e.g. tools).

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The City of Hemet will provide reimbursement of expenses after it deems the project is completed, and upon the submission of invoices, and proof of payment. If the project is anticipated to extend beyond the required completion date, prior written City Manager approval is required to extend the performance period.

Architectural Design or Design Assistance
The City of Hemet will provide reimburse a maximum of ten (10) hours of Architectural Design Assistance for Exterior Commercial Facade Improvements to approved applicants.

The City will also reimburse up to five (5) hours of professional designer services (e.g. paint, signage, awnings, windows, etc.).

Fee Exemption
Applicants for the Commercial Facade Improvement Program are exempt from Planning and Building permit fees. Note, fee exemption does not apply to any mandated fees by the State of California or fees required by other public agencies.

Figure 1:

Hemet Downtown District Map

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Commercial Commercial Façade Improvement Grant Program
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PROGRAM REQUIREMENTS AND PRIORITIES
Program Priority
Applications for property improvements will be prioritized according to the following criteria:

1. Projects that involve a historical restoration/renovation of a building.

2. Projects that provided significant value to the Harvard District or Florida Avenue.

3. Properties or areas that historically have been targeted for graffiti and/or are prone to blight.

4. Properties or areas adjacent to historic facilities such as the Hemet Depot/Museum.

Eligible Applicants
Owners or long-term tenants of commercially zoned property located within one of the following areas are eligible to apply for the Commercial Facade Improvement Grant:

1. Hemet Downtown Specific Plan on Florida Avenue between State Street and San Jacinto Avenue

2. Retail Shopping Centers located in the City of Hemet Note, tenants must have the property owner’s written consent before any facade improvements are made. In addition, the grant application must be signed by the property owner.

Eligible Property Improvements
All improvements shall conform to City Building Codes, the City’s Zoning Ordinance, and applicable Design Guidelines. Properties or businesses with active Zoning or Code Enforcement cases are not eligible for this program. Eligible improvements include, but are not limited to:
• Historic Building Restoration (removal of non-historic materials or additions such as stucco and exposing original masonry/brick)
• Exterior Facade Treatments (stucco, brick veneer, paint removal, etc.) • Replacement of Signage
• New Awnings
• Parking Lots
• Exterior Painting visible from right-of-way
• Exterior Lighting
• New Windows/Window Frames
• New Exterior Doors
• Structure Components such as Foundation, Wall, Beams, Floor, Slab, Columns, Stairs, and Frames (Only Macro Business-Center Grant qualify).

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Commercial Commercial Façade Improvement Grant Program
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• Construction of New Facade Elements
• Anti-graffiti Treatment to Existing Windows
• Installation of Permanent Landscaping
• Construction of Outdoor Dining or Gathering Spaces
• Murals, if they are professionally done and receive Planning Commission approval, provide an important aesthetic improvement and/or improve an expanse of wall or surface prone to graffiti.
• Additional improvements that are deemed to be consistent with the intent of the program will be reviewed and approved/disapproved on a case-by-case basis by the Community Development Department and City Manager.

PROGRAM PROCEDURES
Applicant Intake and Eligibility

1. Application and Required Documents. Applications are available at Hemet City Hall or online at www.hemetca.gov. Each application must be completed in its entirety, signed and submitted with all required documents as listed in the application, signed proof of ownership or lease agreement, and submit a Certificate of Good Business Standing (https://bizfileonline.sos.ca.gov). Applications will be reviewed in the order in which they were received. The City will maintain a waiting list for all prospective participants. Incomplete applications will not be processed.

2. Review of application. All complete applications will be date stamped when received and processed in that order. Application may be subject to additional review by the Planning Commission, when applicable.

Incomplete applications will not be processed until all requested information is submitted. A notification letter will be sent to applicants concerning the approval or denial of the Application. Eligible applicants will be contacted to enter into an agreement with the City and schedule a property inspection.

Property Inspection

1. Initial Inspection. A site visit will be arranged between the Community Department staff and the property owner and/or business owner to undertake an inspection of the building and to develop specifications for the Program. Staff will inspect the property to ensure that the building meets code requirements for the exterior of the building.

2. Follow-Up Inspection. If City Staff finds code violations during the initial inspection, the property owner and/or applicant will be required to correct those violations

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Commercial Commercial Façade Improvement Grant Program
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before continuing in the Program process. A follow-up inspection will be arranged between City Staff and the property owner and/or business owner to ensure the property is up to code.

Contractor Selection

1. Procurement. Applicants are free to select their contractor and submit at least one quote to the City of Hemet. The chosen contract must comply with the City’s requirements for contractors. The City reserves the right to require or obtain additional bids/estimates to determine the validity of the proposed project.

2. Contractor Requirements. The City shall maintain a file for each contractor performing work pursuant to the terms and conditions of this program. The file shall include the following information:
a. Copies of the contractor's current liability and worker’s compensation insurance policies;
b. Copies of the contractor's current California Contractor's License; c. Copy of contractor’s City Business License; and City Business License d. Provide a subcontractor list as applicable.

Any contractor with an expired General Liability and/or Workers Compensation insurance or a valid state contractor's license shall be removed from the job until he/she is able to provide proof of current insurance and/or license. All contractors shall be required to obtain a City Business License prior to the issuance of a building permit.

3. Ineligible Contractors
a. The City and the applicant(s) shall agree not to award any contract for rehabilitation work, to be paid for in whole or impart with proceeds from the Program, to any contractor who does not have a valid state contractor’s license, who cannot produce sufficient evidence of current Worker’s Compensation and Liability Insurance coverage, or who is on the federal Housing and Urban Development's (HUD's) Debarred Contractor list.
b. All owner/builders, or any member of the applicant's family or extended family, are considered ineligible, regardless of credentials or license. Any ineligible contractor found working at the job site will be removed immediately, without compensation.

Award of Grant

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Commercial Commercial Façade Improvement Grant Program
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1. Notification. The City shall notify the selected contractor of the award of the grant award and shall establish date, time and place for the pre-construction conference.

The pre-construction conference will include City Staff, property/business owner(s) and contractor.

2. Agreement. The agreement for the approved facade improvements shall be prepared by the City Attorney’s Office and shall be entered between the property/business owner(s) and the City.

3. Private Arrangements. The City cautions the property/business owner and the contractor not to enter “side deals" for additional work or deviations from the approved scope of work.

4. Pre-Construction. Prior to construction, the City will arrange a pre-construction meeting which shall be attended by the contractor, the property/business owner(s), and representative City staff. The purpose of this meeting is to explain all Program requirements and procedures, coordinate and schedule the work start date, and answer questions related to contract documents.

5. Start of Construction. No work shall commence until a “Notice to Proceed” has been issued to the contractor, signed by the property/business owner(s) and the City. In addition, no work shall commence until all required permits have been issued by the City’s Building Division.
a. The contractor shall contact the Community Development Department to obtain all requirements for plan submittal to obtain building permits. Plans will be reviewed by the City’s Building and Planning divisions.
b. Applicants for this program are exempt from City Planning and Building permit fees. This fee exemption does not apply to fees mandated by the State of California including, but not limited to, the California Green Building Standards fees.

Reimbursement Process

1. Upon approval, the City of Hemet will enter into agreement with the applicant and approved work may begin immediately after the agreement is fully executed.

2. Applicants are responsible for obtaining all necessary permits (including building permits) and authorities from the City.

3. Staff will inspect the project to ensure compliance with grant.

4. Work must be completed within six (6) months of grant award.

5. All work must comply with approved plans.

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Commercial Commercial Façade Improvement Grant Program
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6. Grant funds will only be disseminated to the contractor not the applicant, once the construction of the City approved improvements has been completed and has been inspected by City Staff.

7. Grant funds will be disseminated upon the issuance of a Notice of Completion has been issued by City Staff.

Applicant Responsibilities:

1. Property Maintenance. The property/business owner(s) is/are responsible for property maintenance during the rehabilitation work (contractor is responsible for keeping the property clean of all construction material). The property/business owner(s) is/are responsible for insuring that the rehabilitation work is not impeded because of their actions or the actions of their tenant(s). The City shall encourage the contractor and his/her employees to provide adequate pedestrian and property protection at the construction site.

2. Property Tax Bills. Current property tax bills for the subject property must be current.

The property owner(s) is/are responsible for insuring that the property taxes are current. The City will verify that the property taxes for the property are current. If the property’s tax statement indicates a delinquency, at the time of the Program application, the City shall not proceed with grant processing until it is supplied with a Certificate of Redemption or other appropriate documentation of proof of payment.

3. Notice of Completion. The property/business owner(s) is/are responsible for scheduling a final job completed inspection with the City’s Building, Life and Safety Department.

The City will verify that the project received a passing final inspection. After all requirements have been met, the City will issue a Notice of Completion to the property/business owner(s).

FUNDING
Funding for the Commercial Facade Improvement Program is allocated by the City of Hemet City Council, and the amount of funds available each year is not guaranteed. The grant funds are distributed on a first come, first served basis. If grant funds are depleted at the time of application submission, City Staff will keep your application on file. However, if additional funds become available, City Staff will contact the applicant in the order in which the applications were received.

The City of Hemet reserves the right to cancel or modify this Program at any time prior to grant approval, with notice to the applicant by the Economic Development Manager. Continuation of the Program is subject to sufficient funding as appropriated by the Hemet City Council.

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APPLICANT CERTIFICATION
Please read the statements below and initial and sign certify that you understand:
____I/we certify that the building owner is the owner of the property. ____I/we certify that there are no current code enforcement actions pending against this property*.
____I/we have attached a copy of all current leases.
____I/we have attached relevant photos of the building facade(s) to be included in this program.
____I/we have reviewed the program overview and guidelines, have familiarity with responsibilities of each party and understand that:
____All services to be performed by contractors shall be the subject of agreement between applicant and contractor(s).
____The Agency shall not assume any liability for such agreements, except as specifically authorized by the program.
____I/we have read and understand the City of Hemet program guidelines, accept the qualifications and conditions and through signature(s) below, certify that I/we are qualified and will abide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Hemet in the implementation of this program. I understand that this is a voluntary program, under which the City of Hemet has the right to approve or deny any project or proposal or portions thereof.

Signature: _________________________________________ Date: ___________________ Property Owner Signature ____________________________ Date: ___________________ (If Tenant is Applying)

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Commercial Commercial Façade Improvement Grant Program
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Commercial Facade Improvement
Grant Program Application
___________________________________________________________________________ Please fill out the application completely and submit to [email protected] or send to:

City of Hemet
Attention: Economic Development Department
445 E. Florida Ave
Hemet, CA 92543
(951) 669 – 0265
* SECTION 1 - APPLICANT INFORMATION:

Name: ____________________________________________________________________ Circle All That Apply: Property Owner Business Owner/Tenant Business Name: _____________________________________________________________ Property Address: ____________________________________________________________ Mailing Address: ____________________________________________________________ Phone Number: _____________________________________________________________ Email: _____________________________________________________________________ Total Number of Businesses in Building: _________________________________________ Name(s) of Other Businesses:
___________________________________________________________________________ ___________________________________________________________________________ * SECTION 2 - PROPERTY OWNER INFORMATION (Complete even if the current tenant is the applicant):

Property Owner Name: _______________________________________________________ Property Owner Mailing Address: _______________________________________________

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Commercial Commercial Façade Improvement Grant Program
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Property Owner Daytime Phone Number: ________________________________________ As the legal owner of the above property, I hereby grant authorization to complete the façade improvements indicated on this application.

Signature: __________________________________________________ Date: __________ * SECTION 3 - FUNDING:

Grants (Please Check One):

Small-Business Grant (Reimbursement of up to $30,000)
Macro-Business Center Grant ($330,000 for one Macro-Business Center Grant in Fiscal Year 2023-24 that requires a minimum private investment of $66,000. The City intends to allocate an additional $330,000 toward a Macro-Business Center Grant in Fiscal Year 2024- 25)
Grant Amount Requested: $__________________
Estimated Total Project Cost: $_______________
SECTION 4) SCOPE OF WORK:

General Description of Work:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ * SECTION 5 - ACKNOWLEDGMENT:

We certify that the owner is the property owner of record and that there are no current zoning code enforcement actions pending against the property. I have read and understand the Program Guidelines and accept them. I certify that I am qualified and will abide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Hemet in the implementation of this project.

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Property Owner(s) Signature: __________________________________ Date: ___________ Business Owner(s) Signature: __________________________________ Date: ___________

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Lomrna'cml Facade improvement Grant Program
Commercial Facade Improvement m w
Grant Program Application "
yW
Please fill out the application completely and submit to [email protected] or send to:

City of Hemet
Attention: Economic Development Department
445 E Florida Ave
Hemet, CA 92543
(951) 669—0265
* SECTION1 - APPLICANT INFORMATION:

Robert Bral, for Harwin Parkersburg LTD Name
Circle AllThat Apply: Property Owner Business Owner/Tenant Business Name; Harwin 'ar ers-urg - | more Plaza
Property Adm”; 2139 - 2145 w. Florida Ave. Hemet CA 92545 Mailing Address: gas Angeles CA 90071
Phone Number: —
Email:—
Total Number of Businesses in Building: (5) FiVe
Name(s) of Other Businesses:

The Mattress Stop, Hair Paradise Beauty Supplies. Lea Beauty§tudio, Hearing Aid.

Ivonne Welch Insurance
“ SECIION 2 - PROPERTYOWNER INFORMATION {Complete even ifthe current tenant is the applicant):

Property Owner Name: RODS" Bral
Property Owner Mailing Address: —Los Angeles CA 90071
Property Owner Daytime Phone Number: —
Asthe legal owner of the above property. I hereby grant authorization to complete the facadeimprovements indicated on this application.
10 i
i" .r g r
City of Hemet — Economic Development

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Commercial Facade Improvement Grant Program

APPLICANTCERTIFICATION
Please read the statements below and initial and sign certify that you understand: g/wecertify that the building owner is the owner of the property, /we certify that there are no current code enforcement actions pending against this property". al/wehave attached a copy of all current leases.
?él/we have attached relevant photos of the building facade(s) to be includedin this program al/wehave reviewed the program overview and guidelines, have familiarity with responsibilities of each party and understandthat:
w" services to be performed by contractors shall be the subject of agreement between applicant and contractor“) @TheAgency shall not assumeany liability for such agreements, except as specifically authorizedby the program, LZJQI/we have read and understand the City of Hemet program guidelines, qualifications and conditions and through signatu rels) below, will abide by such conditions set forth in this application and may be issued by the City of Hemet in the implementation of this is a voluntary program, under which the City of Hemet ha project 0 ‘ WW ,I/W25
PropertwanerSignature Date: (IfTenant imming)
accept the
certify that l/we are qualified and
all reasonable conditionswhich
this program. i understand that
s the right to approve or deny any
City QIPage of Hemet — EconomicDevelopment

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Commercial Facade improvement Grant Program
ll/ Signature: 9/1)” y
' SECTION3 - FUNDING:

Grants (Please Check One):
_ Small-Business Grant (Requires minimum 5% match; Reimbursement of up to $30,000) X Macro»Business Grant (Requires minimum 20% match; Reimbursement of up to 80% of eligible expenses up to $700,000 (requires minimum applicant investment of $66,000) Grant Amount Requested: $ 374-71397
Estimated Total Project Cost: 545839246
SECI'ION4) SCOPEOF WORK:

General Description of Work:

Parking Lot; Asphalt paving and striping, Installation of pole lights &fixtures Signage: lnstgallation of pylon sign
Exterior Facade: New paint and complete upgrade to stucko and stone ?nish Exterior lighting: installation of ?ood lights and surrounding common area lights Vlnndows and Doors: Replacement of all windows and frames including doors and frames Landscaping: lnstallationf of planters and desert like plants through out the entire property Please refer to art rendererings for full property design * SECTION5 - ACKNOWLEDGMENT:

We certify that the owner is the property owner of record and that there are no current zoning code enforcement actions pending against the property. l have read and understand the Program Guidelines and accept them, I certify that I am quali?ed and will abide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Hemet in the implementation of this project. ll/W/LJ —
Date:

Business 0wner(s) Sign Date:
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Hamlin Parkersburg LTD
2101 » 2145 W, FloridaAve. Hemet, CA92545
2024 - 2025 City of Hemet FacadeImprovement - Grant
Grant Amount: $ 374,713.97
Harwin Payment (20%): S 93 678.49
Total Project Cost: § 468 392.46
Expense [tern Harwin Budget
Parking lot
Deposit $ (15,613.08) $
-
Asphalt $
- 5 210,000.00
Concrete Trenching $
- $
-
Light Pole Ingallatlon $ - $ 72,600.00
ElectricalWiring 1; - $ -
Light Fixtures $ - $
-
Engineer Services $ - $ -
Labor § ~ i
'
Total M w
Landscaping
Deposit $ (15,613.08) 5 -
Equipment $ - $ 74,750.00
Material $ - $
-
Shipping Costs $ - $
.

Permlb & Fees $
- $-
Labor 5
- é '_
TORI M w
Paint
Deposit $ (15,613.08) $ ~
Equipment 3
- 5 24,050.00
Material 1; 7 $
,
Labor 5
- § -
Total § 15 613.08 § 24 050.00
Lighting
Deposit $ (15,613.08) $
-
Equipment $
, $ 9,000.00
Material 3; » $ -
Shipping Costs $ - $ -
Permits & Fees $ - $ -
Labor ?
, i
»
Total § 15 613,08 § 9 000,00
Windows & Doors
Deposit $ (15,613.08) 3 >
Equipment $
- $ 53,705.00
Material $
- 5 -
Shipping Cass $ - 3
,
Labor 5
- 1
>
Total § 15 613.08 f 53 705.00
Pylon Sign
Deposit $ (15,613.08) 3
*
Cabinet $
. $ 15,567.75
Displaypanels $
. $ 675.00
Structural Engineenng $ - $ 1,208.00
Equipment $ 3 5,180.60
MaterialTax § » 1 1 656.11
Total § (15 613.08 § 24 287.46
Total 5 (93 678.48 5 458 392.45

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'/ Commercial Famde Improvement Grant Program
City of Hemet — Planning
RECEIVF"
SEP03 202'!
By:

Eat: ?e. indw}
City of Hemet
Commercial Facade Improvement Grant
Program Guidelines
June 2024
City of Hemet
htt s: www.hemetca. ov
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th of Hemet— Economic Development

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Commercial Facade Improvement Grant Program
Commercial Facade Improvement ’
c." or
Grant Program Application WW
Please fill out the application completely and submit to bsandovalQhemetcagov or send to:

City of Hemet
Attention: Economic Development Department
445 E. Florida Ave
Hemet, CA 92543
(951) 669—0265
‘ SECTION1 - APPLICANTINFORMATION:
1 ’71
Name: S/K?/JJ/‘N5- N. fT/
/e*\ / ‘2
Circle AllThat Apply: Wt Business Owner/Tenant
Business Name: H5116] i/v‘v/W?flif G????f A1 C.
a
I
.

PropertyAddress: mm W. 0mm K749,”mgr a; 1/25?
MailingAddress: ’
/ (H 0551*?
J
Total Number of Businesses in Building: /2 ,,
Name(sl of Other Businesses:
‘ SECTION2 - PROPERTYOWNER INFORMATION(Complete even ifthe current tenant Is the applicant):

Property Owner Name: Q41WA
Property Owner Mailing Address:

Property Owner Daytime Phone Number:

As the legal owner of the above property, I hereby grant authorization to complete the facadeimprovements indicated on this application.
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City of Hemet — Economic Development

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Commercial Facade Improvement Grant Program
Signature: — Date, ESs3.24
* SECI'ION 3 — FUNDING:

Grants (Please Check One):
_ Small-Business Grant (Requires minimum 5% match; Reimbursement of up to $30,000) L Macro-Business Grant (Requires minimum 20% match; Reimbursement of up to 80% of eligible expenses up to $700,000 (requires minimum applicant investment of $66,000) Grant Amount Requested: 5 35; 2”
Estimated Total Project Cost: 3
SECTION4) SCOPE OF WORK:

General Description of Work:
50mm F?/Wll/G
fem/m W { Eff/KMK00M
* SECI’ION5 - ACKNOWLEDGMENT:

We certify that the owner is the property owner of record and that there are no current zoning code enforcement actions pending against the property. I have read and understand the Program Guidelines and accept them I certify that I am qualified and will abide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Hemet in the implementation of this project Property 0wner(s) Signature:H Dateza \5‘:Lfrl
Business 0wner(s) Signature: Date:
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City of Hemet — Economic Development

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Commercial Facade Improvement Grant Program

APPLICANTCERTIFICATION
Please read the statements below and initialand sign certify that you understand:
éLil/WE certify that the building owner isthe owner of the property.

SL??wecertify that there are no current code enforcement actions pending against this property".
:4”?l/we have attached a copy of all current leases.
we have attached relevant photos of the building facade(s) to be included in this program.

S; gI/wehave reviewed the program overview and guidelines, have familiarity with responsibilities of each party and understand that:
{Lgllservices to be performed by contractors shall be the subject of agreement between applicant and contractor(s).
@he Agency shall not assume any liability for such agreements, except as specifically authorized by the program.

Qwe have read and understand the City of Hemet program guidelines. accept the quali?cations and conditions and through signature(s) below.certify that I/weare qualified and willabide by such conditionsset forth in this application and all reasonable conditions which may be issued by the City of Hemet in the implementation of this program. I understand that this is a voluntary program, under which the City of Hemet has the right to approve or deny any project or proposal or portions thereof.
an”! $wa
Property Owner Signature Date:
(IfTenant is Applying)
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City of Hemet — Economic Development

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Commercial Facade Improvement Grant Program
ll' - Anti-graffiti Treatment to Existing Windows
- Installation of Permanent Landscaping
- Construction of Outdoor Dining or Gathering Spaces
- Murals, if they are professionally done and receive Planning Commission approval, provide an important aesthetic improvement and/or improve an expanse of wall or surface prone to graf?ti.
' Additional improvements that are deemed to be consistent with the intent of the program will be reviewed and approved/disapproved on a case-byrcase basis by the Community Development Department and City Manager.

PROGRAM PROCEDURES
Applicant Intake and Eligibility

1. Application and Required Documents. Applications are available at Hemet City Hall or online at www.hemetca.gov. Each application must be completed in its entirety, signed and submitted with all required documents as listed in the application, signed proof of ownership or lease agreement, and submit a Certificate of Good Business Standing (https:lzbizfi|eonline.sos.ca.gov). Please contact the City’s Economic Development Manager at (951) 765-2310 for assistance with any application questions. The City will maintain a waiting list for all prospective participants.

Incomplete applications will not be processed.

2. Revlew of application. All complete applications will be date stamped when received.

An initial application period of 60 days will be established before Applications are reviewed by staff and presented to the Planning Commission for review and prioritized for funding.

Incomplete applications will not be processed until all requested information is submitted. A Clty staff representative will contact applicants via telephone and through written correspondence concerning Planning Commission approval or denial of their application. Eligible applicants will be contacted to enter into an agreement with the City and schedule a property inspection.

Property Inspection

1. Initial Inspectlon. A site visit will be arranged between the Community Department staff and the property owner and/orbusiness owner to undertake an inspection of the building and to develop speci?cations for the Program. Staff will inspect the property to ensure that the building meets code requirements for the exterior of the building.
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City of Hemet — Economic Development