3 1
6 9
including parking and traffic control requirements based upon event size and scope. This recurring event is expected to provide a reliable opportunity for residents to gather, support local businesses, and experience Central Park as an active community destination.
STRATEGIC PLAN OBJECTIVE
Community Engagement and Social Infrastructure
FISCAL IMPACT
The fiscal impact of this recommended action consists of the waiver of applicable special event and facility use permit fees for events conducted under the proposed MOU. Based on the current City fee schedule, the estimated value of waived fees is approximately $3,500 per event. If the Menifee Trading Post Night Market occurs monthly from April through November, the estimated annual foregone revenue would be approximately $28,000.
While this represents a reduction in potential fee revenue, the City does not incur the staffing, production, and operational costs associated with producing comparable City-hosted events. The partnership model allows the City to advance community programming and small business activation objectives while limiting direct budget expenditures.
ATTACHMENTS
1. Memorandum of Understanding
Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 3
Menifee Mayor and City Council
March 18, 2026
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1 MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“MOU”) is made and effective on March 18, 2026 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and MADE LOCAL, LLC, a California Limited Liability Company (“Partner Organization ”). City and Partner Organization may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
A. City is the owner of the location known as the Civic Plaza/Central Park Area identified on Exhibit A attached hereto and incorporated herein by this reference (expressly excluding the dirt area indicated thereon) (the “Civic Plaza Area”).
B. City’s community initiatives include the stimulation and promotion of community programming in the Civic Plaza Area as a means of advancing the welfare of the City community.
C. Made Local is a Southern California- based enterprise which establishes and manages local “pop up” markets (each a “market event”) to promote local small businesses within the State.
D. City and Made Local now desire to enter into this MOU to permit Made Local to conduct market events in the Civic Plaza Area as more specifically described herein in exchange for the covenants of this MOU for the benefit of City, and the public benefit derived from Made Local’s activities hereunder.
AGREEMENT
Section 1. Term and Termination
A. Term. The term of this MOU shall begin on March 18, 2026 and shall end on June 30, 2029 unless the term of this MOU is otherwise terminated or extended as provided in this MOU.
B. T ermination . Either Party may terminate this MOU with or without cause upon ninety (90) days’ written notice to the other Party. Upon termination each Party shall deliver to the other Party all documents and materials, if any, prepared for that other Party up to the date of termination.
Section 2. Rights and Obligations of the Parties
A. Scope of Activities Permitted. Subject to the terms of this MOU, City permits Partner Organization to establish and conduct market events at the Civic Center Plaza at locations, times, and durations mutually agreeable to the Parties. All market events conducted hereunder shall be substantially similar to other markets conducted by Partner Organization across Southern California. Partner Organization shall dedicate the time to performance of its obligations as may be Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 4
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2 reasonably necessary to perform such obligations to the standards observed by a competent practitioner in Southern California, and to the reasonable satisfaction of City.
B. Permit Fees. In exchange for the covenants herein and for the public benefit of conducting market events at the Civic Plaza Area, City will waive its customary permit fees for special events. All other approvals, licenses, and permits required hereunder shall be obtained at Partner Organization’s sole cost and expense.
C. S
cheduling and Vendor Requirements. Prior to conducting any market event hereunder, the Parties shall meet and confer in good faith to establish (a) a schedule and plan for market events under this MOU, including locations, times, durations, and other matters and (b) reasonable and necessary insurance, license, and other requirements for vendors who will be operating a booth, stall, cart, table or other storefront at the market events conducted by Partner Organization hereunder (each a “Vendor”) . No market event hereunder may occur without the prior written approval of City.
D. Mat
erials and Equipment . Partner Organization is solely responsible to provide all materials, facilities, equipment and other necessary items for the performance of its activities hereunder, at its sole cost and expense.
E. C
ooperation and Noninterference . Partner Organization shall cooperate with direction from the City with regard to ensuring the activities performed by Partner Organization hereunder do not unreasonably interfere with City business, events, or activities.
F. R
emoval of Persons . City retains all rights it has to remove, restrict, or limit access to the Civic Plaza Area, including the right to require any person to leave the Civic Plaza Area if deemed necessary and appropriate in City’s sole discretion.
G. P
arking. Partner Organization shall encourage all event attendees and staff to park in parking lots designated by City, which may include without limitation the Civic Center Parking Lot and Justice Center Parking Lot identified on Exhibit A. Parking on residential streets shall be discouraged.
H. S
ervices and Sanitary Facilities.
(1) Partner Organization shall be responsible for obtaining all necessary equipment, facilities, and services to operate each market event in a safe and healthy manner, including without limitation the establishment of temporary restrooms, emergency services, security, fencing, health permits, and all other matters necessary and proper for Partner Organization’s activities hereunder.
(2) Partner Organization may request at least ninety (90) days in advance of any market event, and City will allow where feasible access and usage of Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 5
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3 the Central Park restroom, parking lot, and trash enclosure, and may assist with supplying electricity.
I. Waste. Each event shall divert recyclable materials wherever possible. Events exceeding 1000 total attendees shall obtain roll -ff service through City’s waste management contractor. Events exceeding 2000 total attendees shall divert food waste. Distribution of single -use plastics shall be avoided where feasible and in compliance with applicable law.
J. P
ublic Information Booth. Partner Organization shall accommodate for a public information booth operated by City at all market events when requested by City at a location mutually acceptable to both Parties.
K. C
ompliance with Law , Permits, and City Policies.
(1) Partner Organization shall, at its sole expense, comply with all local, state, and federal laws and regulations applicable to the performance of this MOU. Section 4 shall specifically apply to Claims (defined therein) arising from the Partner Organization’s noncompliance with any applicable law, including specifically Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law. Partner Organization is independently responsible for reviewing and complying with all applicable laws, including but not limited to the payment or nonpayment of prevailing wages required under California law.
(2) Partner Organization is solely responsible for obtaining and maintaining all necessary permits, licenses, and approvals necessary for its activities hereunder, which may include, without limitation (a) a Community Services Facility Use Permit, (b) a City Temporary Use Permit, (c) a Traffic Management Plan, and (d) other permits, licenses, and approvals as directed by City or other government authorities.
(3) Partner Organization shall further comply with all City policies and directives provided to it by City related to the Civic Plaza Area.
L. Responsibility for Vendors. Partner Organization is responsible for all vendors, subcontractors, employees and others conducting activities in the Civic Plaza Area pursuant to this MOU, including for ensuring such persons:
(1) Carry all necessary licenses, permits, approvals, and insurance as may be required by applicable law, policies, and this MOU, including, without limitation food and alcohol service permits and licenses where applicable. (2) Fully comply with all laws, rules, regulations and policies applicable to that party’s activities related to this MOU.
M. Documents and Records . Partner Organization shall maintain all plans, specifications, studies, drawings, estimates, test data, survey results, models, Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 6
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4 renderings, materials and other documents or works of authorship fixed in any tangible medium of expression (collectively “documents”) prepared hereunder for the period required by law, or for three (3) years from the Effective Date, whichever is longer for the purposes of evaluating the effectiveness of the market events and evaluating Partner Organization’s compliance with this Agreement.
N. Contract Administrators. All matters under this MOU shall be handled for Partner Organization by Abby Jacobs, Founder/CEO (“Partner Organization Contract Administrator”), and for City by Mariana Mitchell, Community Services Director (“City Contract Administrator” .) Except as specified otherwise in this MOU, all correspondence shall be directed through the contract administrators established in this Paragraph, and neither Party shall take direction or orders for the performance of this MOU from any person other than such contract administrators.
Section 3. Independent Contractor Status
This MOU is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association.
Neither Party shall have the authority to make any statements, representations, or commitments of any kind, or to take any action, which shall be binding on the other Party, without the prior written consent of such other Party. Neither Party shall be an employee of the other Party. Except as expressly provided herein, the means by which the Parties perform the rights and obligations set forth herein is within the exclusive direction and control of the performing Party. Neither Party shall ever represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of the other Party or have the power to incur any debt, obligation, or liability whatever against the other Party , or bind the other Party in any manner . Except as otherwise expressly provided by this MOU, neithe r Party shall pay salaries, wages, or any compensation to the other Party for performing the rights and obligations hereunder.
Section 4. Indemnification
To the full extent permitted by law, Partner Organization shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Partner Organization fails to provide a defense for City, the legal costs of counsel retained by City) a nd any judgment (collectively, “C laims”), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Partner Organization or by any individual or entity for which Partner Organization is legally liable, including but not limited to officers, agents, employees or subcontractors of Partner Organization, and any and all Vendors. .
The provisions of this Section do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 7
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5 and agents acting in an official capacity. In the event any applicable law limits the scope of this Section, this Section shall only apply to the greatest extent permitted by such laws.
As a condition of permitting any Vendor to participate in any market event, and without relieving Partner Organization of any obligation hereunder, Partner Organization shall require such Vendor to agree to indemnify, defend, and hold City harmless to the same or greater degree as provided by this Section.
Section 5. Partner Organization Insurance
Prior to performing any right or obligation under this MOU, Partner Organization , at its sole cost and expense, shall maintain in full force and effect at all times during the term of this MOU insurance as required by this Section.
A. Comprehensive Liability Insurance. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage, and personal injury coverage, and comprehensive automobile liability including owned, hired, and non- owned automobile coverage. The limits of such coverage shall be at a minimum: (1) bodily injury including death, $1,000,000 for each person and each occurrence and $2,000,000 in the aggregate; and (2) property damage, $1,000,000 for each occurrence and $2,000,000 in the aggregate. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the performance of this MOU, including the use of hired, owned, and non-owned automobiles. Comprehensive general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at leas t as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9.
No endorsement shall be attached limiting the coverage. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
B. E
quipment and Property Insurance . Insurance on all equipment, property, and facilities, including fixtures, funded in whole or in part under this MOU to full replacement cost. The insurance shall include, at a minimum, insurance against loss or damage beyond the user’s control, theft, fire, vandalism, malicious mischief, or natural catastrophe.
C. W orkers’ Compensation and Employer’s Liability. The minimum limit of Workers’ Compensation Insurance shall comply with the limits required by California law. The limit of Employer’s Liability coverage shall be $1,000,000 per accident, $1,000,000 per disease per employee, and $1,000,000 disease per policy.
D. Q
uality of Insurance . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California.
E. A dditional Insured. City, including its officers, employees, agents, and authorized volunteers, shall be named as an additional insured on the aforementioned Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 8
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6 insurance policies of Partner Organization with respect to liability arising out of the Partner Organization’s performance of this MOU.
F. Proof of Insurance. Partner Organization shall furnish the City with certificates of insurance, additional insured endorsements, or policy language granting the additional insured status required hereunder and completed certified copies of all policies and endorsements. The certificate of insurance must specifically reference this MOU, and must contain the signature of the person authorized to bind coverage on behalf of the Partner Organization . The coverage shall contain no special limitations on the sc ope of protection afforded to the additional insured or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non- contributory basis with respect to any insurance or self -insurance program maintained by City .
Additional insured status shall continue for one (1) year after the expiration or termination of this MOU or completion of full performance hereunder, whichever is later. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self -insurance maintained by City shall be called upon to contribute to a loss under the coverage.
G. N
otice of Changes. Partner Organization shall provide written notice to City within ten (10) working days if (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced, or (3) the deductible or self-insured retention on any of the required insurance policies is increased.
H. S
elf Insured Retentions and Deductible. Partner Organization shall obtain the written approval of City for self-insured retentions and deductibles for the insurance required herein. Changes to the same require the written consent of City , which may be conditioned on the procurement of a bond guaranteeing the payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each Party.
I. S
ubcontractor . If any subcontractor is performing the rights and obligations of Partner Organization hereunder, Partner Organization shall include such subcontractor as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor, subject to all of the requirements in this Section 5.
J. V
endor Insurance. Partner Organization shall require and ensure that any and all Vendors obtain and maintain the insurance directed by City pursuant to Subsection
2.C hereof.
K. V ariations . City may but is not required to approve in writing a variation to the insurance requirements in this Section upon a determination that the coverage, scope, limits, and forms of insurance set forth above are either not commercially available or that City’s interests are otherwise fully protected.
Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 9
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March 18, 2026
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7 Section 6. Notices
All notices and other communications to be given by either Party must be in writing and may be effective by personal delivery, overnight courier, or first class or certified mail, return receipt requested and addressed to the appropriate Party as follows:
To City: To Partner Organization:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn:
Mariana Mitchell, Community Services
Director
With a Copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
Made Local, LLC
18277 Pasadena Street, Suite B-106
Lake Elsinore, CA 92530
Attn: Abby Jacobs, CEO
Notice shall be deemed received on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Notice provided by overnight delivery shall be deemed received on the next business day after delivery by the overnight delivery service. A Party may change its addressee by written notice to the other party at any time.
Section 7. Remedies and Breach
A. Cure Period. In the event of a default of the terms of this MOU by either Party, the non-defaulting Party shall give ten (10) days written notice and opportunity to cure (the “Cure Period”) to the defaulting Party, and, if the default remains uncured at the end of the Cure Period, may terminate this MOU and shall have any and all rights and remedies available at law or in equity to recover for the uncured default.
The Parties may agree in writing to a longer or shorter Cure Period. If a default cannot reasonably be cured in the Cure Period or presents a substantial risk to the health and safety of either Party or the public, the non defaulting Party may immediately terminate this MOU and seek any and all rights and remedies available at law or in equity.
B. R
ights and Remedies Cumulative . The rights and remedies of the P arties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
Section 8. Subcontract and Assignment
Neither Party may assign or subcontract any portion of this MOU without the prior written consent of the other Party. Any attempted assignment in violation of this Section shall be void.
Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 10
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March 18, 2026
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8 Section 9. Survival
All obligations arising prior to the expiration or termination of this MOU and all provisions of this MOU allocating liability between the Parties shall survive the expiration or termination of this MOU.
Section 10. Time
Time is of the essence in this Agreement and for the performance of this MOU.
Section 11. Applicable Law and Venue
This MOU shall be interpreted and enforced under the laws of the State of California. In the event that either Party brings any action against the other under this MOU, the Parties agree that trial of such action shall be vested exclusively in Riverside County. California.
Section 12. Attorneys’ Fees
If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
Section 13. Severability
If any term, provision, covenant, or condition of this MOU shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this MOU shall not be affected to the extent the remaining provisions are not rendered impractical to perform taking into consideration the purposes of this MOU.
Section 14. Waiver
The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.
Section 15. Successors and Assigns
This MOU shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and assigns.
Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 11
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9 Section 16. Captions
The captions, subtitles, and headings contained in this MOU are for convenience only and shall not in any way affect the meaning or interpretation hereof or serve as evidence of the interpretation hereof, or of the intention of the Parties hereto.
Section 17. Entire Agreement, Amendment, and Construction This MOU including the exhibits is the entire agreement of the Parties and supersedes all prior negotiations and agreements whether written or oral.
Section 18. Construction
The terms of this MOU shall be construed in accordance with the meaning of the language used and shall not be construed for or against either P arty by reason of the authorship of this MOU or any other rule of construction which might otherwise apply.
Section 19. Incorporation of Exhibits
Each exhibit attached hereto is hereby incorporated herein by reference. Except for Section 2 A, references to this MOU shall include the exhibits.
Section 20. Amendments
This MOU may be amended only by written agreement and no purported oral amendment to this MOU shall be valid. The City Manager or his or her designee may execute and approve amendments to this MOU on behalf of the City which in the City Manager’s reasonable discretion do not substantially modify the terms and conditions of this MOU, provided, however, that the City Manager may instead require City Council for approval for any proposed amendment.
Section 21. No Third-Party Beneficiaries
There are no intended third- party beneficiaries under this MOU and no such third parties shall have any rights or obligations hereunder.
Section 22. Nondiscrimination
Each Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this MOU there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry
Section 23. Nonliability of Employees
No officer, official, employee, agent, representative, or volunteer of either Party shall be personally liable to the other Party , or any successor in interest, in the event of any default or breach by the Item Title: 10.10
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10 first Party or for any amount which may become due to the other Party or to its successor, or for breach of any obligation of the terms of this MOU.
Section 24. No Undue Influence
Each Party declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the other Party in connection with the award, terms or implementation of this MOU, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of either Party shall receive compensation, directly or indirectly, from the other Party, or from any officer, employee, or agent of said other Party, in connection with this MOU.
Section 25. No Benefit to Arise to Employees
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this MOU during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub - agreement, or the proceeds thereof, for the rights and obligations performed hereunder. This Section shall apply to Partner Organization if Partner Organization is a public entity.
Section 26. Authority to Execute
The persons executing this MOU on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this MOU on behalf of said Party, (iii) by so executing this MOU, such Party is formally bound to the provisions of this MOU, and (iv) that entering into this MOU does not violate any provision of any other agreement to which said Party is bound
Section 27. Counterparts
This MOU and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document.
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11 IN WITNESS WHEREOF, the Parties have executed this MOU as the Effective Date.
CITY OF MENIFEE
City Manager
Attest:
Acting City Clerk
Approved as to Form:
City Attorney
MADE LOCAL, LLC
Abby Jacobs, Chief Executive Officer
Item Title: 10.10
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EXHIBIT A
EXHIBIT A
CIVIC PLAZA AREA
Item Title: 10.10
Memorandum of Understanding with Made Local, LLC for Event Programming at Central Park Item Page Number: 15
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CITY OF MENIFEE
SUBJECT: Bid Award and Agreement with Rogers, Anderson, Malody & Scott, LLP for Annual Financial Audit Services
MEETING DATE: March 18, 2026
TO: Mayor and City Council
PREPARED BY: Melissa Cortes, Principal Accountant
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Award bid and authorize the City Manager to execute a professional services agreement with Rogers, Anderson, Malody & Scott, LLP (RAMS) for annual financial audit services for an initial three-year term in a total amount not-to-exceed $200,882 through March 31, 2029; and
2. Authorize the City Manager to execute up to two additional one-year extensions in the aggregate amount not-to-exceed $145,906.
DISCUSSION
Annually, the City of Menifee engages an independent auditing firm to perform an examination of the City’s basic financial statements, and the City’s Schedule of Expenditures of Federal Awards (Single Audit). The independent auditor also performs agreed-upon procedures to test and report on the City’s GANN appropriation limit calculation. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. The audit also includes evaluating the overall presentation of the financial statements and evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. The objective of the audit is to express an opinion as to whether these financial statements are fairly presented in all material respects in conformity with all applicable accounting standards generally accepted in the United States of America and as promulgated by the American Institute of Certified Public Accountants (AICPA), the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, and the U.S. Office of Management and Budget (OMB) Circular 2 CFR Part 200.
Item Title: 10.11
Bid Award and Agreement with Rogers, Anderson, Malody & Scott, LLP for Annual Financial Audit Services Item Page Number: 1
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City of Menifee Staff Report
Annual Financial Audit Services Agreement
March 18, 2026
3 2
0 7
Pursuant to Section 3.12.140 (c) of the Menifee Municipal Code, all contracts for the performance of the annual audit of the City’s financial statements shall be competitively bid by obtaining at least three proposals for providing the required services, evaluating the proposals pursuant to criteria set forth and awarding the contract based on the best proposal. Staff issued a Request for Proposals (RFP No. 2026-03) on November 13, 2025, seeking qualified Certified Public Accounting (CPA) firms to audit their financial statements for the fiscal years 2025/26 through 2027/28, with two additional fiscal year options, at the City’s discretion. The RFP was posted on the City’s online bidding site, PlanetBids. A total of six firms submitted proposals.
An evaluation committee, consisting of key Finance Department staff regularly involved in the annual audit process, evaluated the six proposals received. The evaluation criteria included qualifications of the firm, proposed team and organization, proposed project approach/audit schedule and cost proposal. Following the initial review of proposals, the top three proposals were invited for finalist interviews. Virtual interviews were conducted the week of February 16, 2026. A summary of the RFP evaluation is provided in the tables below (Sorted by Total Aggregate Score).
TABLE 1 – RFP PROPOSAL EVALUATION
Firm Average Score
(100 Possible Points)
Davis Farr, LLP 90.33
Rogers Anderson Malody & Scott LLP (RAMS) 88.00
The Pun Group, LLP 88.00
LSL, LLP 83.00
Badawi & Associates 81.67
Harshwal & Company, LLP 78.33
TABLE 2 – RFP INTERVIEW PORTION (TOP 3 FINALISTS)
Firm Average Score
(100 Possible Points)
Rogers Anderson Malody & Scott LLP (RAMS) 89.50
The Pun Group, LLP 82.50
Davis Farr, LLP 72.25
Established in 1948, RAMS is a California-based CPA firm, located in San Bernardino, CA, that specializes in government audits and is known as an industry expert at the state and federal level.
RAMS was selected based on the technical knowledge of the partners and managers to be assigned to the engagement; their emphasis on time management, planning, and realizing deadlines; and their ability to provide valuable insight and information related to new accounting standards, industry best practices, and unusual accounting transactions throughout the process.
They were the highest ranked proposal and on average to the other proposals their cost is generally comparable.
RAMS has provided professional audit services for the City of Menifee for the past seven years, and in compliance with state requirements, has historically, and will continue to, rotate the assigned partner assigned to the City of Menifee as necessary.
Item Title: 10.11
Bid Award and Agreement with Rogers, Anderson, Malody & Scott, LLP for Annual Financial Audit Services Item Page Number: 2
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City of Menifee Staff Report
Annual Financial Audit Services Agreement
March 18, 2026
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STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The total cost of auditing services for the initial contract term, covering audit services for Fiscal Year (FY) 2025/26 through FY 2027/28, is $200,882. If elected the additional two one-year extension options, covering the FY 2028/29 and FY 2029/30 periods, would result in an additional $145,906, for a total five-year fiscal impact of $346,788. The annual cost breakdown is listed in Table 3 below.
TABLE 3 – FIVE YEAR FISCAL IMPACT
Fiscal Year Contract Term Annual Cost
FY 2025/2026 Year 1 $ 64,682.00
FY 2026/2027 Year 2 66,940.00
FY 2027/2028 Year 3 69,260.00
FY 2028/2029 Optional Year 4 71,696.00
FY 2029/2030 Optional Year 5 74,210.00
Total (with Options) $ 346,788.00
As interim audit services for the FY2025/26 period are anticipated to commence in the spring of 2026, the Year 1 (FY2025/26) Audit costs of $64,682 will be funded as follows:
$15,000 from FY 2025/26 available funds within professional services (1100-FIN-652800) $49,682 to be included as part of the FY 2026/27 adopted budget Future years’ costs will be included as part of the corresponding year’s budget process. No additional budget appropriation action(s) is required.
ATTACHMENTS
1. Agreement
Item Title: 10.11
Bid Award and Agreement with Rogers, Anderson, Malody & Scott, LLP for Annual Financial Audit Services Item Page Number: 3
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March 18, 2026
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2905/031858-0001
19338889.2 a02/20/25
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
PROFESSIONAL AUDITING SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, 2026 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and ROGERS, ANDERSON, MALODY & SCOTT, LLP , a California Limited Liability Partnership (LLP) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will per form subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on April 1, 2026 and shall end on March 31, 2029 (“Initial Term”). Upon termination of the Initial Term, this Agreement shall automatically renew for one (1) additional one (1) year term (“First Renewal Term”). Upon termination of the First Renewal Term, if it occurs, this Agreement shall automatically renew for one (1) additional one (1) year term (“Second Renewal Term”). None of the renewal terms provided hereunder shall occur if the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The word “term” shall refer to the Initial Term and any renewal term which actually occurs. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shal l, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
1.7 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all applicable emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed THREE HUNDRED FORTY
SIX THOUSAND SEVEN HUNDRED EIGHTY EIGHT DOLLARS AND ZERO CENTS ($346,788.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. In no event shall the compensation paid during the term of this Agreement exceed the following amounts:
a. Initial Term: TWO HUNDRED THOUSAND EIGHT HUNDRED EIGHTY TWO DOLLARS AND ZERO CENTS ($200,882.00)
b. First Renewal Term: SEVENTY ONE THOUSAND SIX HUNDRED NINETY SIX DOLLARS AND ZERO CENTS ($71,696.00)
c. Second Renewal Term: SEVENTY FOUR THOUSAND TWO HUNDRED TEN DOLLARS AND ZERO CENTS ($74,210.00)
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; Item Title: 10.11
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c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred.
City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment . Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final in voice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Item Title: 10.11
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Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes . Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilit ies shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long- distance telephone or other communication charg es, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains ins urance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement.
The cost of such insurance shall be i ncluded in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other insureds. Consultant agrees tha t the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
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4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per empl oyee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the Californi a Labor Code.
Determination of whether a self -insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self -insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit sha ll be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
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4.3 Professional Liability Insurance.
a. General Requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLAR S ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self -insured retention exceeds TWENTY -FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City. b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates. (iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
(iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must in clude the following reference:
PROFESSIONAL AUDITING SERVICES . The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
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c. Notice of Reduction in or Cancellation of Coverage . Consultant shall pr ovide written notice to City within ten (10) working days if : (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. d. Additional Insured; Primary Insurance . City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s gen eral supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self -insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -Insured Retentions. Consultant shall obtain the written approval of City for the self -insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense e xpenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the Item Title: 10.11
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extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, a wards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) a nd any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City) , and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals . Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
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5.4 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agree ment and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement.
The personnel performing the S ervices under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement , City shall not pay salaries, wages, or other compensation to Consultant for performing the S ervices hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the S ervices hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law . The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States.
Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Prevailing Wages . Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws where they apply to the Services, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non- payment of prevailing wages under California law and/or the Item Title: 10.11
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implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services , including, without limitation, any public work (as defined by applicable law), if any, Cons ultant shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages. b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof.
(i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/oprl/DPreWageDetermination.htm. Copies of the prevailing rates of wages are maintained with City’s principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty -five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.
(vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Item Title: 10.11
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Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub- consultants or subcontractors employed by Consultant in connection with this Agreement.
(vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two -hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor. c. Bidding Eligibility . Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations. d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
e. Indemnification Related to Prevailing Wages . Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wa ges and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments . Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenant s to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect a t all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or a re necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and Item Title: 10.11
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responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall b e terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this S ubsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photogr aphs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement.
Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Item Title: 10.11
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Agreement or any interest therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’ s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City, except those items defined as audit documentation under professional standards promulgated by the American Institut e of Certified Public Accountants (AICPA), which will be the property of CONSULTANT. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement , except those items defined as audit documentation under professional standards. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, Item Title: 10.11
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physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accou nting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records . Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees . If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonabl e number of hours spent by the prevailing P arty in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law, Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is he ld invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
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10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach . Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constit ute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provi sions of this Agreement. No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns . The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative . All matters under this Agreement shall be handled for Consultant by Scott Manno, CPA, CGMA, Partner (“Consultant’s Representative”).
The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences , and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Melissa Cortes, Principal Accountant (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
ROGERS, ANDERSON, MALODY & SCOTT, LLP
Attn: Scott Manno, CPA, CGMA, Partner
735 East Carnegie Drive, #100
San Bernardino, CA 92408
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Melissa Cortes, Principal Accountant
with a copy to:
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City Clerk
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29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the P arties are cumulative and the exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be c onstrued for or against either P arty by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such P arty is formally bound to the provisi ons of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. There are no intended third- party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
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10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to i ts successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interes t, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Stephanie Roseen, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Scott W. Manno, CPA, CGMA, Partner
Brad Welebir, CPA, MBA, CGMA, Partner
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include PROFESSIONAL AUDITING SERVICES in the amount not to exceed
THREE HUNDRED FORTY SIX THOUSAND SEVEN HUNDRED EIGHTY EIGHT DOLLARS AND ZERO CENTS ($346,788.00) as further detailed in the following page(s). In no event shall the compensation paid during the term of this Agreement exceed the following amounts:
a. Initial Term: TWO HUNDRED THOUSAND EIGHT HUNDRED EIGHTY TWO DOLLARS AND ZERO CENTS ($200,882.00)
b. First Renewal Term: SEVENTY ONE THOUSAND SIX HUNDRED NINETY SIX DOLLARS AND ZERO CENTS ($71,696.00)
c. Second Renewal Term: SEVENTY FOUR THOUSAND TWO HUNDRED TEN DOLLARS AND ZERO CENTS ($74,210.00)
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CITY OF MENIFEE
SUBJECT: Agreement with SHI International Corp. for Microsoft 365 Software Licenses
MEETING DATE: March 18, 2026
TO: Mayor and City Council
PREPARED BY: Ross Sublett, Management Analyst I
REVIEWED BY: Michelle Sarkissian, Chief Information Officer APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Authorize the Finance Department to issue individual purchase orders to SHI International Corp. on an as-needed basis, in a total aggregate amount not-to-exceed $1,347,984.96, for the purchase of Microsoft 365 software licenses pursuant to the California Department of Technology Cooperative Agreement, through March 31, 2031; and
2. Approve and authorize this purchase utilizing California Department of Technology Contract No. SC 25-0198737 pursuant to Menifee Municipal Code Section 3.12.210; and
3. Authorize the City Manager to execute all documents required for this purchase.
DISCUSSION
In 2021, the City entered into a five-year Microsoft Enterprise Agreement through the California Department of Technology’s (CDT) statewide licensing program, which is set to expire on March 31, 2026. The CDT has now completed a new competitive solicitation process and designated SHI International Corp. as the authorized reseller under the renewed statewide Enterprise Agreement.
The proposed recommended action would authorize the City to renew its Microsoft licensing through the State’s cooperative purchasing agreement. These licenses provide the Microsoft 365 tools City staff use daily, including email (Outlook), document creation and collaboration (Word, Excel, PowerPoint), cloud storage, and other related Microsoft services that support City operations.
Item Title: 10.12
Agreement with SHI International Corp. for Microsoft 365 Software Licenses Item Page Number: 1
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City of Menifee Staff Report
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8 2
Continuing under the State’s agreement allows the City to maintain its Microsoft platform while benefiting from State-negotiated pricing and procurement efficiencies, representing the most fiscally responsible option. Renewing the licenses through the CDT statewide agreement provides several benefits:
1.Cost Savings Through State Cooperative Purchasing
By participating in the statewide agreement, the City leverages the State’s collective purchasing power to obtain competitive pricing. Because the agreement has already been competitively solicited by the State, the City also avoids the time and administrative costs associated with conducting a separate Request for Proposals (RFP).
2.Budget Stability
The five-year structure provides cost stability and protects the City from unexpected price increases.
3.Security & Compliance
Maintains the secure government cloud environment designed to meet federal and state security standards.
4.Operational Reliability
Provides reliable services such as email, file storage, and collaboration tools used daily by City staff. Renewal avoids disruption to daily City operations.
5.Compatibility With Other Agencies
Microsoft products remain the recognized standard for government agencies nationwide, ensuring compatibility with county, state, and federal partners.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
The fiscal impact of the proposed five-year agreement with the California Department of Technology is a not-to-exceed amount of $1,347,984.96.
Funding for the first year of the proposed agreement with California Department of Technology is available within the Fiscal Year 2026/27 budget, under Software/Subscriptions within the IT Fund (1110-ITD-651353). Funding for the subsequent fiscal years will be budgeted into each respective annual budget and are displayed in Table 1 on the following page.
No additional budget appropriation(s) would be required for this action.
Item Title: 10.12
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TABLE 1- PURCHASE ORDER BUDGET BREAKDOWN
Fiscal Year Proposed Budget Anticipated Account
FY 2026/2027 $265,278.72 1110-ITD-651353
FY 2027/2028 $265,278.72 1110-ITD-651353
FY 2028/2029 $272,475.84 1110-ITD-651353
FY 2029/2030 $272,475.84 1110-ITD-651353
FY 2030/2031 $272,475.84 1110-ITD-651353
TOTAL $1,347,984.96
ATTACHMENTS
1. SHI International Corp Quote
2. CDT Agreement with SHI International Corp
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27139829
Budgetary
Feb-06-2026
Feb-28-2026
Phone: Phone:
Fax: Fax:
Email: Email:
Year 1 located on sheet 2
Years 2-5 located on sheet 3
All Prices are in US Dollar (USD)
Additional Comments
Payment Schedule:
4/1/26-3/31/27 - $265,278.72
4/1/27-3/31/28 - $265,278.72
4/1/28-3/31/29 - $272,475.84
4/1/29-3/31/30 - $272,475.84
4/1/30-3/31/31 - $272,475.84
Total: $1,347,984.96
**Budgetary Pricing does not include CDT Fees**
Disclaimer: The pricing provided in this quote is based on estimated statewide license volumes. CDT will confirm the final statewide pricing tier once all customer commitments have been received.
This quote has been marked as budgetary, as certain pricing may require approval from Microsoft. Please note, SHI is unable to process Purchase Orders against budgetary quotes. Kindly reach out to your SHI sales team for a Final Quote once you have determined your required counts and licenses.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts, please contact an SHI Inside Sales Representative at (888) 744-4084. SHI International Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61- 243957G; CAGE 1HTF0
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item. 951-723-1710 732-584-4484
[email protected] [email protected]
CA-City of Menifee Microsoft Inside Account Manager
Michelle Sarkissian Brian Smith
29714 Haun Rd
Menifee, CA 92584
United States
290 Davidson Ave
Somerset, NJ, 08873
Pricing Proposal
Quotation #:
Reference #:
Created On:
Valid Until:
Item Title: 10.12
Agreement with SHI International Corp. for Microsoft 365 Software Licenses Item Page Number: 4
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Item # Manufacturer Part # Product Contract Name Contract # Subcontract # Coverage Start Coverage End Quantity Your Price Total Note 1 Microsoft AAL-48033 M365 G5 FSA Renewal GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 315 $497.88 $156,832.20 Year 1 of 5 2 Microsoft AAL-45735 Microsoft 365 GCC G5 Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 162 $548.64 $88,879.68 Year 1 of 5 3 Microsoft 3MS-00001 Exchange Online P1 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 53 $36.24 $1,920.72 Year 1 of 5 4 Microsoft RMU-00004 Phone Resource Account GCC Sub Phone System Virtual User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 55 $0.00 $0.00 Year 1 of 5 5 Microsoft VA1-00001 Teams Rooms Pro GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 10 $427.08 $4,270.80 Year 1 of 5 6 Microsoft 7MS-00001 Planner and Project Plan 3 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 9 $272.28 $2,450.52 Year 1 of 5 7 Microsoft P3U-00001 Visio Plan 2 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 30 $136.08 $4,082.40 Year 1 of 5 8 Microsoft KXJ-00001 Teams Shared Devices GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 50 $72.48 $3,624.00 Year 1 of 5 9 Microsoft 7JI-00001 Defender Endpoint Server GCC Sub Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2026 Mar-31-2027 60 $53.64 $3,218.40 Year 1 of 5 Total $265,278.72
Item Title: 10.12
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Manufacturer Part # Product Contract Name Contract # Subcontract # Coverage Start Coverage End Quantity Your Price Total Note Microsoft AAL-48033 M365 G5 FSA Renewal GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 315 $497.88 $156,832.20 Year 2 of 5 Microsoft AAL-45735 Microsoft 365 GCC G5 Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 162 $548.64 $88,879.68 Year 2 of 5 Microsoft 3MS-00001 Exchange Online P1 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 53 $36.24 $1,920.72 Year 2 of 5 Microsoft RMU-00004 Phone Resource Account GCC Sub Phone System Virtual User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 55 $0.00 $0.00 Year 2 of 5 Microsoft VA1-00001 Teams Rooms Pro GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 10 $427.08 $4,270.80 Year 2 of 5 Microsoft 7MS-00001 Planner and Project Plan 3 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 9 $272.28 $2,450.52 Year 2 of 5 Microsoft P3U-00001 Visio Plan 2 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 30 $136.08 $4,082.40 Year 2 of 5 Microsoft KXJ-00001 Teams Shared Devices GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 50 $72.48 $3,624.00 Year 2 of 5 Microsoft 7JI-00001 Defender Endpoint Server GCC Sub Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2027 Mar-31-2028 60 $53.64 $3,218.40 Year 2 of 5 Microsoft AAL-48033 M365 G5 FSA Renewal GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 315 $514.68 $162,124.20 Year 3 of 5 Microsoft AAL-45735 Microsoft 365 GCC G5 Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 162 $560.40 $90,784.80 Year 3 of 5 Microsoft 3MS-00001 Exchange Online P1 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 53 $36.24 $1,920.72 Year 3 of 5 Microsoft RMU-00004 Phone Resource Account GCC Sub Phone System Virtual User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 55 $0.00 $0.00 Year 3 of 5 Microsoft VA1-00001 Teams Rooms Pro GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 10 $427.08 $4,270.80 Year 3 of 5 Microsoft 7MS-00001 Planner and Project Plan 3 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 9 $272.28 $2,450.52 Year 3 of 5 Microsoft P3U-00001 Visio Plan 2 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 30 $136.08 $4,082.40 Year 3 of 5 Microsoft KXJ-00001 Teams Shared Devices GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 50 $72.48 $3,624.00 Year 3 of 5 Microsoft 7JI-00001 Defender Endpoint Server GCC Sub Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2028 Mar-31-2029 60 $53.64 $3,218.40 Year 3 of 5 Microsoft AAL-48033 M365 G5 FSA Renewal GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 315 $514.68 $162,124.20 Year 4 of 5 Microsoft AAL-45735 Microsoft 365 GCC G5 Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 162 $560.40 $90,784.80 Year 4 of 5 Microsoft 3MS-00001 Exchange Online P1 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 53 $36.24 $1,920.72 Year 4 of 5 Microsoft RMU-00004 Phone Resource Account GCC Sub Phone System Virtual User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 55 $0.00 $0.00 Year 4 of 5 Microsoft VA1-00001 Teams Rooms Pro GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 10 $427.08 $4,270.80 Year 4 of 5 Microsoft 7MS-00001 Planner and Project Plan 3 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 9 $272.28 $2,450.52 Year 4 of 5 Microsoft P3U-00001 Visio Plan 2 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 30 $136.08 $4,082.40 Year 4 of 5 Microsoft KXJ-00001 Teams Shared Devices GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 50 $72.48 $3,624.00 Year 4 of 5 Microsoft 7JI-00001 Defender Endpoint Server GCC Sub Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2029 Mar-31-2030 60 $53.64 $3,218.40 Year 4 of 5 Microsoft AAL-48033 M365 G5 FSA Renewal GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 315 $514.68 $162,124.20 Year 5 of 5 Microsoft AAL-45735 Microsoft 365 GCC G5 Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 162 $560.40 $90,784.80 Year 5 of 5 Microsoft 3MS-00001 Exchange Online P1 GCC Sub Per User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 53 $36.24 $1,920.72 Year 5 of 5 Microsoft RMU-00004 Phone Resource Account GCC Sub Phone System Virtual User Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 55 $0.00 $0.00 Year 5 of 5 Microsoft VA1-00001 Teams Rooms Pro GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 10 $427.08 $4,270.80 Year 5 of 5 Microsoft 7MS-00001 Planner and Project Plan 3 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 9 $272.28 $2,450.52 Year 5 of 5 Microsoft P3U-00001 Visio Plan 2 for GCC Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 30 $136.08 $4,082.40 Year 5 of 5 Microsoft KXJ-00001 Teams Shared Devices GCC Sub Per Device Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 50 $72.48 $3,624.00 Year 5 of 5 Microsoft 7JI-00001 Defender Endpoint Server GCC Sub Microsoft Statewide Enterprise Licensing Agreement
SC 25-0198737 Local Government Apr-01-2030 Mar-31-2031 60 $53.64 $3,218.40 Year 5 of 5 Item Title: 10.12
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STATE OF CALIFORNIA SHI INTERNATIONAL CORP.
DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
(a) These GSPD – ITGP (Cloud) (except in the instances herein where the provision contains “Unless otherwise specified in the Statement of Work” (or similar phrase), the provisions specified in the Statement of Work shall take precedence over the provisions referenced in these GSPD – ITGP (Cloud)); (b) Contract form(s), i.e., Purchase Order STD 65, Standard Agreement STD 213, FI$Cal generated Purchase Order, etc., and any amendments; (c) Other Special Provisions (except in the instances therein where the provision contains “Unless otherwise specified in the Statement of Work” (or similar phrase), the provisions specified in the Statement of Work shall take precedence over the provisions referenced in the applicable Special Provisions);
(d) CDT’s Statement of Work (SOW), as an exhibit, including any specifications incorporated by reference herein;
(e) Cost worksheets;
(f) Other work description, work authorization or exhibit issued by Users; (g) DGS SCA Agreement and any amendments thereto;
(h) County of Riverside RFQ # ITARC-00532;
(i) Microsoft Master Agreement #8084445; and
(j) All other Contractor’s or Service Provider’s attachments included in Contract and/or incorporated in Contract by reference (e.g., end User license agreements, acceptable use policies, service guides, product specific terms and conditions).
3. Clarifications to the DGS SLP, DGS SCA, and County of Riverside Request for Quote (RFQ) #ITARC-00532
A. For the avoidance of doubt, notwithstanding Section 9.4 of the County of Riverside RFQ #ITARC-00532, Order of Precedence in the DGS SCA, or any other provision to the contrary, the Order of Precedence in Section 2 of this Statement of Work shall apply to this Agreement.
B. For the avoidance of doubt, termination of the County of Riverside Agreement #ITARC-00532, Microsoft Master Agreement Number 8084445, or DGS SCA does not automatically terminate this Agreement and will remain in full force and effect.
Any modifications to this Agreement will be documented through an amendment as set forth in the DGS PD 402-ITGP Cloud (REV. 02/20/2025).
4. Third Party Solutions
Contractor shall not provide, integrate, resell, access, or make available to the State or Customer Affiliate any third-party services, solutions, tools, platforms, or products (including open-source or hosted services) (“Third Party Solutions”) in connection with the Microsoft Online Subscriptions to M365 G5 GCC offerings and additional Microsoft GCC add-ons as detailed in the Exhibit C-1 Cost Worksheet unless such Third Party Solutions are expressly approved in writing by CDT Information Technology Program Management (“CDT ITPM”) and are subject to the terms and conditions of this Agreement. Contractor shall not structure its performance, delivery model, or technical architecture in a manner that circumvents the Item Title: 10.12
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STATE OF CALIFORNIA SHI INTERNATIONAL CORP.
DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
B. Throughout the term of the Agreement, Customer Affiliate may add the quantity of Microsoft Online Subscriptions to M365 G5 GCC offerings and any additional GCC add- ons that the Customer Affiliate procured under the current purchase order (PO). Upon request by Customer Affiliate, CDT may issue an amended PO to decrement the quantity of Microsoft Online Subscriptions to M365 G5 GCC offerings and any additional GCC add- ons that the Customer Affiliate procured under the current PO.
C. Microsoft Online Subscriptions to M365 G5 GCC offerings and any additional GCC add- ons are price protected (fixed prices throughout the term of the Agreement) and shall be priced by the Contractor at the price set forth in Exhibit C-1 Cost Worksheet and for the add-ons the price is set forth in the product/service catalog.
D. The Contractor shall work collectively with Microsoft to promptly resolve any issues CDT or Customer Affiliates are experiencing with their reservations.
E. The Contractor shall provide CDT an annual report sixty (60) days before each anniversary date (set forth in Section 5.B above) of Microsoft Online Subscriptions to M365 G5 GCC offerings and any additional GCC add-ons added and decremented during the current PO.
F. CDT will perform true-ups to add or true-downs to decrement Microsoft Online Subscriptions to M365 G5 GCC offerings and any additional GCC add-ons counts once a year (prior to the anniversary date, which is defined in Section 5.B above).
1) Contractor to provide Customer Affiliates with budgetary quote for annual reconciliation sixty (60) days prior to each anniversary date.
2) Contractor shall process the true-ups or true-downs prior to each anniversary date (set forth in Section 5.B above) and submit an email confirmation of such to CDT.
3) Contractor shall not accept or process any new reservations for Microsoft Online Subscriptions to M365 G5 GCC offerings and any additional GCC add-ons in the thirty (30) days prior to the expiration of the Agreement (03/31/2031).
G. The Contractor shall process certain requests for add-ons for Microsoft Online Subscriptions to M365 G5 GCC offerings and any additional GCC add-ons throughout the term of each PO for the following scenarios:
1) Time sensitive promotional part number and/or SKUs, which require invoicing by a certain date to be valid.
2) Time sensitive orders that are associated with End Customer Investment Funds (ECIF).
3) Limited situations where the normal true-up/reconciliation window could negatively impact a special negotiation with CDT or Customer Affiliates.
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STATE OF CALIFORNIA SHI INTERNATIONAL CORP.
DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
16. Advertising of Data
In accordance with the General Provisions (DGS PD 402-ITGP Cloud (REV. 02/20/2025)), the Contractor and Microsoft are not authorized to use, sell, resell, package or repackage, or publicly display any information or data without the express written approval of the State. This restriction includes keyword searching or data mining of State data. Advertising is not allowed in any of these services or to any of the contacts associated with these services.
17. Federal Tax Administration Requirements
CDT must notify the United States Internal Revenue Service (IRS) prior to executing, or amending, any agreement to disclose, or provide access to, federal tax information (FTI) to a Contractor or Sub-Contractor, at least forty-five (45) calendar days prior to the disclosure of FTI, to ensure appropriate contractual language is included and that Contractors are held to safeguarding requirements. This procedure conforms to IRS Publication 1075.
Subject to the IRS, FTI requirements, if an unfavorable response is received by the IRS, this contract will be terminated immediately per the Cloud Computing Services - General Provisions – Information Technology (402-ITGP), clause 16.3, Termination for Default. In conformation with IRS Publication 1075, Contractor must comply with these terms.
18. Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1388)
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
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STATE OF CALIFORNIA SHI INTERNATIONAL CORP.
DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Payment and Invoicing
A. Payment will be made annually in advance for the subscription year and upon receipt of a correct invoice. Invoices may be submitted on or after the first day of the term referenced in the executed PO. The invoice shall include booking confirmation of the CDT order per each environment; including but not limited to, the Contract number, the individual Customer PO number, the Customer Department, the EA/Tenant ID/number, the product name, Part/SKU number, unit cost, extended cost, code (if applicable), must reference a specific PO line item, term dates and include PO amendment number if applicable; and shall reference the Agency Order Number and the Microsoft Enterprise License Agreement (MELA) Software Cooperative Agreement (SCA) number SCA-24-70-0003U.
B. Submit your invoice using only one of the following options:
1) Send via U.S. mail in TRIPLICATE to:
California Department of Technology
Administration Division – Accounting Office
P. O. Box 1810
Rancho Cordova, CA 95741
OR
2) Submit electronically at: [email protected]
C. If there is a change in cost to a license, or if the start date for licenses is changed so that it impacts pricing (i.e., term and activation of licenses falls after the 2nd of the month, and so billing begins the following month), the Contractor must provide product pricing change update and quote to the Customer Affiliate so that an amendment can be executed to the Customer Affiliate’s PO, to reflect the correct pricing.
D. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Payment to small/micro businesses shall be made in accordance with and within the time specified in Chapter 4.5, Government Code 927 et seq.
2. Budget Contingency Clause
A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Contract does not appropriate sufficient funds for the program, this Contract shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this contract and Contractor shall not be obligated to perform any provisions of this contract.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Contract with no liability Item Title: 10.12
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DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
occurring to the State or offer a contract amendment to the Contractor to reflect the reduced amount.
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STATE OF CALIFORNIA SHI INTERNATIONAL CORP.
DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
EXHIBIT C
COST WORKSHEET DETAILS
The Contractor shall submit a completed Attachment 1B (Exhibit C-1) Cost Worksheet, attached to the Request For Offer (RFO). The Contractor must adhere to the following:
A. Subscriptions of the FromSA M365 G5 SKU will renew using the M365 G5 FromSA Renewal SKU. Subscriptions renewing from the M365 G5 Full SKU will renew as M365 G5 Full.
B. Incremental additional M365 G5 GCC licenses added to enrollments for participating Customer Affiliates from day one (1) shall be priced at “Full” pricing, which is different from the “Full” pricing for those subscriptions that are renewing from “Full” subscriptions on 4/1/2026.
C. All future new enrollments for M365 G5 GCC shall qualify for “Full” pricing.
D. Pricing for true-ups will be equivalent to new enrollment pricing for all approved products.
E. Pricing shall not exceed the negotiated discounts.
F. Pricing for all Microsoft products offered under this Agreement shall be price protected throughout the term of this Agreement.
G. The December 2025 price list will be the basis to determine final pricing.
H. All pricing in Attachment 1B (Exhibit C-1) Cost Worksheet must be to two decimal points only.
Any pricing that exceeds two decimal points will be rounded down to the nearest cent.
I. Information Worker (IW) in Attachment 1B (Exhibit C-1) Cost Worksheet refers to worker licensed with M365 G5 and each Customer Affiliate has a unique number of IWs.
J. For pricing purposes of items in Attachment 1B (Exhibit C-1) Cost Worksheet with IW threshold/eligibility conditions, each Customer Affiliate’s IW total shall be treated as a separate and independent quantity.
K. For any new Microsoft products added to the product/service catalog after the execution of this Agreement, Contractor must provide a margin above Contractor’s cost from Microsoft (represented as a percentage), which will not be exceeded when such new Microsoft products are offered to Customer Affiliates.
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DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
EXHIBIT D
GENERAL PROVISIONS
These provisions are hereby incorporated by reference. The provisions are revised and effective 2/20/2025 for the Cloud and Non-Cloud.
Cloud Computing Services – General Provisions (DGS PD 402-ITGP Cloud (REV. 02/20/2025)) https://www.dgs.ca.gov/%7E/media/Divisions/PD/Acquisitions/Solicitation-Document- Attachments/IT-General-Provisions-Cloud-DGS-PD-402ITGP-Revised-02202025.pdf Item Title: 10.12
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DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
EXHIBIT E
SPECIAL PROVISIONS
These provisions are hereby incorporated by reference. The provisions are revised and effective January 2025 for the GenAI Special Provisions.
Generative AI (GENAI) Special Provisions
https://cdt.ca.gov/wp-content/uploads/2025/02/GenAI-Special-Provisions-January-2025.pdf
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DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
EXHIBIT F
SPECIAL TERMS AND CONDITIONS TO SAFEGUARD FEDERAL TAX INFORMATION
Federal statute, regulations and guidelines require that all contracts for services relating to the processing, storage, transmission, or reproduction of federal tax returns or return information, the programming, maintenance, repair, or testing of equipment or other property, or the providing of other services, for tax administration purposes include the provisions contained in this exhibit.
Contractor agrees to comply with 26 United States Code (U.S.C) §6103(n), 26 Code of Federal Regulations (C.F.R) §301.6103(n)-1(a)(2) and (d), and Internal Revenue Service (IRS) Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies (Rev. 11-2021), Section 2.C.8., 2.C.9, and Exhibit 7) and all applicable conditions and restrictions as may be prescribed by the IRS by regulation, published rules or procedures, or written communication to the contractor.
Internal Revenue Service (IRS) Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies (Rev. 11-2021) https://www.irs.gov/pub/irs-pdf/p1075.pdf EXHIBIT 7 - SAFEGUARDING CONTRACT LANGUAGE
I. PERFORMANCE
In performance of this contract, the Contractor agrees to comply with and assume responsibility for compliance by officers or employees with the following requirements:
(1) All work will be performed under the supervision of the contractor.
(2) The contractor and contractor’s officers or employees to be authorized access to FTI must meet background check requirements defined in IRS Publication 1075. The contractor will maintain a list of officers or employees authorized access to FTI. Such list will be provided to the agency and, upon request, to the IRS.
(3) FTI in hardcopy or electronic format shall be used only for the purpose of carrying out the provisions of this contract. FTI in any format shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Inspection or disclosure of FTI to anyone other than the contractor or the contractor’s officers or employees authorized is prohibited.
(4) FTI will be accounted for upon receipt and properly stored before, during, and after processing. In addition, any related output and products require the same level of protection as required for the source material.
(5) The contractor will certify that FTI processed during the performance of this contract will be completely purged from all physical and electronic data storage with no output to be retained by the contractor at the time the work is completed. If immediate purging of physical and electronic data storage is not possible, the contractor will certify that any FTI in physical or electronic storage will remain safeguarded to prevent unauthorized disclosures.
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(6) Any spoilage or any intermediate hard copy printout that may result during the processing of FTI will be given to the agency. When this is not possible, the contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts and will provide the agency with a statement containing the date of destruction, description of material destroyed, and the destruction method.
(7) All computer systems receiving, processing, storing, or transmitting FTI must meet the requirements in IRS Publication 1075. To meet functional and assurance requirements, the security features of the environment must provide for the managerial, operational, and technical controls. All security features must be available and activated to protect against unauthorized use of and access to FTI.
(8) No work involving FTI furnished under this contract will be subcontracted without the prior written approval of the IRS.
(9) Contractor will ensure that the terms of FTI safeguards described herein are included, without modification, in any approved subcontract for work involving FTI. (10) To the extent the terms, provisions, duties, requirements, and obligations of this contract apply to performing services with FTI, the contractor shall assume toward the subcontractor all obligations, duties and responsibilities that the agency under this contract assumes toward the contractor, and the subcontractor shall assume toward the contractor all the same obligations, duties and responsibilities which the contractor assumes toward the agency under this contract.
(11) In addition to the subcontractor’s obligations and duties under an approved subcontract, the terms and conditions of this contract apply to the subcontractor, and the subcontractor is bound and obligated to the contractor hereunder by the same terms and conditions by which the contractor is bound and 202 obligated to the agency under this contract.
(12) For purposes of this contract, the term “contractor” includes any officer or employee of the contractor with access to or who uses FTI, and the term “subcontractor” includes any officer or employee of the subcontractor with access to or who uses FTI.
(13) The agency will have the right to void the contract if the contractor fails to meet the terms of FTI safeguards described herein.
II. CRIMINAL/CIVIL SANCTIONS
(1) Each officer or employee of a contractor to whom FTI is or may be disclosed shall be notified in writing that FTI disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any FTI for a purpose not authorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution.
(2) Each officer or employee of a contractor to whom FTI is or may be accessible shall be notified in writing that FTI accessible to such officer or employee may be accessed only for a purpose and to the extent authorized herein, and that access/inspection of FTI without an official need-to-know for a purpose not authorized herein constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution.
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(3) Each officer or employee of a contractor to whom FTI is or may be disclosed shall be notified in writing that any such unauthorized access, inspection or disclosure of FTI may also result in an award of civil damages against the officer or employee in an amount equal to the sum of the greater of $1,000 for each unauthorized access, inspection, or disclosure, or the sum of actual damages sustained as a result of such unauthorized access, inspection, or disclosure, plus in the case of a willful unauthorized access, inspection, or disclosure or an unauthorized access/inspection or disclosure which is the result of gross negligence, punitive damages, plus the cost of the action. These penalties are prescribed by IRC sections 7213, 7213A and 7431 and set forth at 26 CFR 301.6103(n)-1. (3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.
(4) Granting a contractor access to FTI must be preceded by certifying that each officer or employee understands the agency’s security policy and procedures for safeguarding FTI. A contractor and each officer or employee must maintain their authorization to access FTI through annual recertification of their understanding of the agency’s security policy and procedures for safeguarding FTI. The initial certification and recertifications must be documented and placed in the agency's files for review. As part of the certification and at least annually afterwards, a contractor and each officer or employee must be advised of the provisions of IRC sections 7213, 7213A, and 7431 ( see Exhibit 4, Sanctions for Unauthorized Disclosure, and Exhibit 5, Civil Damages for Unauthorized Disclosure ). The training on the agency’s security policy and procedures provided before the initial certification and annually thereafter must also cover the incident response policy and procedure for reporting unauthorized disclosures and data breaches. ( See Section 10 ) For the initial certification and the annual recertifications, the contractor and each officer or employee must sign, either with ink or electronic signature, a confidentiality statement certifying their understanding of the security requirements.
III. INSPECTION
The IRS and the Agency, with 24-hour notice, shall have the right to send its inspectors into the offices and plants of the contractor to inspect facilities and operations performing any work with FTI under this contract for compliance with requirements defined in IRS Publication 1075. The IRS’ right of inspection shall include the use of manual and/or automated scanning tools to perform compliance and vulnerability assessments of information technology (IT) assets that access, store, process or transmit FTI. Based on the inspection, corrective actions may be required in cases where the contractor is found to be noncompliant with FTI safeguard requirements.
IRS Publication 1075 (Rev. 11/2021) Section 2.C.8, Control over Processing through 2.C.9, Service Level Agreements (SLA)
2.C.8 Controls Over Processing
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It shall be unlawful for any person (not described in paragraph (1)) willfully to disclose to any person, except as authorized in this title, any return or return information (as defined in section 6103(b)) acquired by him or another person under subsection (d), (i)(1)(C),
(3)(B)(i), or (7)(A)(ii), (k)(10), (13), (14), or (15), (l)(6), (7), (8), (9), (10), (12), (15), (16), (19), (20), or (21) or (m)(2), (4), (5), (6), or (7) of section 6103 or under section 6104(c). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution.
(3) Other persons
It shall be unlawful for any person to whom any return or return information (as defined in section 6103(b)) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution.
(4) Solicitation
It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information (as defined in section 6103(b)) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution.
(5) Shareholders
It shall be unlawful for any person to whom a return or return information (as defined in section 6103(b)) is disclosed pursuant to the provisions of section 6103(e)(1)(D)(iii) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. (b) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than 1 year, or both, together with the costs of prosecution; and the offender shall be dismissed from office or discharged from employment.
(c) Disclosures by certain delegates of Secretary
All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department Item Title: 10.12
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are likewise applicable in respect of such function when performed by any person who is a “delegate” within the meaning of section 7701(a)(12)(B). (d) Disclosure of software
Any person who willfully divulges or makes known software (as defined in section 7612(d)(1)) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000, or imprisoned not more than 5 years, or both, together with the costs of prosecution.
(e) Cross references
(1) Penalties for disclosure of information by preparers of returns
For penalty for disclosure or use of information by preparers of returns, see section 7216.
(2) Penalties for disclosure of confidential information
For penalties for disclosure of confidential information by any officer or employee of the
United States or any department or agency thereof, see 18 U.S.C. 1905. 26 U.S.C. §7213A. Unauthorized inspection of returns or return information (a) Prohibitions
(1) Federal employees and other persons
It shall be unlawful for—
(A) any officer or employee of the United States, or
(B) any person described in subsection (l)(18) or (n) of section 6103 or an officer or employee of any such person, willfully to inspect, except as authorized in this title, any return or return information.
(2) State and other employees
It shall be unlawful for any person (not described in paragraph (1)) willfully to inspect, except as authorized in this title, any return or return information acquired by such person or another person under a provision of section 6103 referred to in section 7213(a)(2) or under section 6104(c).
(b) Penalty
(1) In general
Any violation of subsection (a) shall be punishable upon conviction by a fine in any amount not exceeding $1,000, or imprisonment of not more than 1 year, or both, together with the costs of prosecution.
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(2) Federal officers or employees
An officer or employee of the United States who is convicted of any violation of subsection (a) shall, in addition to any other punishment, be dismissed from office or discharged from employment.
(c) Definitions
For purposes of this section, the terms “ inspect”, “return”, and “ return information ” have the respective meanings given such terms by section 6103(b). 26 U.S.C. §7431. Civil damages for unauthorized inspection or disclosure of returns and return information
(a) In general
(1) Inspection or disclosure by employee of United States If any officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of section 6103, such taxpayer may bring a civil action for damages against the United States in a district court of the United States.
(2) Inspection or disclosure by a person who is not an employee of United States If any person who is not an officer or employee of the United States knowingly, or by reason of negligence, inspects or discloses any return or return information with respect to a taxpayer in violation of any provision of section 6103 or in violation of section 6104(c), such taxpayer may bring a civil action for damages against such person in a district court of the United States. (b) Exceptions
No liability shall arise under this section with respect to any inspection or disclosure—
(1) which results from a good faith, but erroneous, interpretation of section 6103, or
(2) which is requested by the taxpayer.
(c) Damages
In any action brought under subsection (a), upon a finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to the sum of—
(1) the greater of—
(A) $1,000 for each act of unauthorized inspection or disclosure of a return or return information with respect to which such defendant is found liable, or
(B) the sum of—
(i) the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure, plus
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(ii) in the case of a willfulinspection or disclosure or an inspection or disclosure which is the result of gross negligence, punitive damages, plus
(2) the costs of the action, plus
(3) in the case of a plaintiff which is described in section 7430(c)(4)(A)(ii), reasonable attorneys fees, except that if the defendant is the United States, reasonable attorneys fees may be awarded only if the plaintiff is the prevailing party (as determined under section 7430(c)(4)).
(d) Period for bringing action
Notwithstanding any other provision of law, an action to enforce any liability created under this section may be brought, without regard to the amount in controversy, at any time within 2 years after the date of discovery by the plaintiff of the unauthorized inspection or disclosure. (e) Notification of unlawful inspection and disclosure. If any person is criminally charged by indictment or information with inspection or disclosure of a taxpayer’s return or return information in violation of—
(1) paragraph (1) or (2) of section 7213(a),
(2) section 7213A(a), or
(3) subparagraph (B) of section 1030(a)(2) of title 18, United States Code, the Secretary shall notify such taxpayer as soon as practicable of such inspection or disclosure. The Secretary shall also notify such taxpayer if the Internal Revenue Service or a Federal or State agency (upon notice to the Secretary by such Federal or State agency) proposes an administrative determination as to disciplinary or adverse action against an employee arising from the employee’s unauthorized inspection or disclosure of the taxpayer’s return or return information. The notice described in this subsection shall include the date of the unauthorizedinspection or disclosure and the rights of the taxpayer under such administrative determination.
(f) Definitions
For purposes of this section, the terms “ inspect”, “inspection”, “return”, and “ return information” have the respective meanings given such terms by section 6103(b). (g) Extension to information obtained under section 3406For purposes of this section— (1) any information obtained under section 3406 (including information with respect to any payee certification failure under subsection (d) thereof) shall be treated as return information, and
(2) any inspection or use of such information other than for purposes of meeting any requirement under section 3406 or (subject to the safeguards set forth in section 6103) for purposes permitted under section 6103 shall be treated as a violation of section 6103.
For purposes of subsection (b), the reference to section 6103 shall be treated as including a reference to section 3406.
(h) Special rule for information obtained under section 6103(k)(9) Item Title: 10.12
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For purposes of this section, any reference to section 6103 shall be treated as including a reference to section 6311(e).
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ATTACHMENT 1
HIPAA BUSINESS ASSOCIATE AGREEMENT
If Customer is a Covered Entity or a Business Associate and includes Protected Health Information in Customer Data or FastTrack Data, execution of a license agreement that includes the Online Services Terms (“Agreement”) will incorporate the terms of this HIPAA Business Associate Agreement (“BAA”) into that Agreement. If there is any conflict between a provision in this BAA and a provision in the Agreement, this BAA will control.
1. Definitions.
Except as otherwise defined in this BAA, capitalized terms shall have the definitions set forth in HIPAA, and if not defined by HIPAA, such terms shall have the definitions set forth in the Agreement.
“Breach Notification Rule” means the Breach Notification for Unsecured Protected Health Information Final Rule.
“Business Associate” shall have the same meaning as the term “business associate” in 45 CFR § 160.103 of HIPAA.
“Covered Entity” shall have the same meaning as the term “covered entity” in 45 CFR § 160.103 of HIPAA.
“Customer”, for this BAA only, means Customer and its Affiliates. “FastTrack Data” means all data, including all text, sound, video, or image files, and software, that are provided to Microsoft by or on behalf of Customer for Microsoft’s performance of the FastTrack Services.
“FastTrack Services” means the onboarding and migration services for Office 365 Services specified as being in scope for this BAA on the FastTrack Center BAA site at http://aka.ms/FastTrackBAA (or successor site) that are provided to Customer by Microsoft in connection with Customer’s subscription for Office 365 Services, excluding services that are performed using third-party software or software that is not hosted by Microsoft. “HIPAA” collectively means the administrative simplification provision of the Health Insurance Portability and Accountability Act enacted by the United States Congress, and its implementing regulations, including the Privacy Rule, the Breach Notification Rule, and the Security Rule, as amended from time to time, including by the Health Information Technology for Economic and Clinical Health (“HITECH”) Act and by the Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information Nondiscrimination Act; Other Modifications to the HIPAA Rules; Final Rule.
“Microsoft Online Services”, for this BAA only, means Office 365 Services, Microsoft Azure Core Services, Microsoft Dynamics 365 Core Services, Microsoft Intune Online Services, Microsoft Power Platform Core Services, and/or Microsoft Cloud App Security, each as defined in the “Data Protection Terms” section of the Online Services Terms incorporated into the Agreement; Microsoft Healthcare Bot; and any additional Azure online services and U.S.
Government online services listed as in scope for this BAA on the Microsoft Trust Center at https://www.microsoft.com/en-us/trustcenter/Compliance/HIPAA (or successor site); excluding Previews.
“Privacy Rule” means the Standards for Privacy of Individually Identifiable Health Information.
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“Protected Health Information” shall have the same meaning as the term “protected health information” in 45 CFR § 160.103 of HIPAA, provided that it is limited to such protected health information that is received by Microsoft from, or created, received, maintained, or transmitted by Microsoft on behalf of, Customer (a) through the use of the Microsoft Online Services or (b) for Microsoft’s performance of the FastTrack Services.
“Security Rule” means the Security Standards for the Protection of Electronic Protected Health Information.
2. Permitted Uses and Disclosures of Protected Health Information. a. Performance of the Agreement for Microsoft Online Services. Except as otherwise limited in this BAA, Microsoft may Use and Disclose Protected Health Information for, or on behalf of, Customer as specified in the Agreement; provided that any such Use or Disclosure would not violate HIPAA if done by Customer, unless expressly permitted under paragraph b of this Section. b. Management, Administration, and Legal Responsibilities. Except as otherwise limited in this BAA, Microsoft may Use and Disclose Protected Health Information for the proper management and administration of Microsoft and/or to carry out the legal responsibilities of Microsoft, provided that any Disclosure may occur only if: (1) Required by Law; or (2) Microsoft obtains written reasonable assurances from the person to whom the Protected Health Information is Disclosed that it will be held confidentially and Used or further Disclosed only as Required by Law or for the purpose for which it was Disclosed to the person, and the person notifies Microsoft of any instances of which it becomes aware in which the confidentiality of the Protected Health Information has been breached.
3. Responsibilities of the Parties with Respect to Protected Health Information.
a. Microsoft’s Responsibilities. To the extent Microsoft is acting as a Business Associate, Microsoft agrees to the following:
(i) Limitations on Use and Disclosure. Microsoft shall not Use and/or Disclose the Protected Health Information other than as permitted or required by the Agreement and/or this BAA or as otherwise Required by Law. Microsoft shall not disclose, capture, maintain, scan, index, transmit, share or Use Protected Health Information for any activity not authorized under the Agreement and/or this BAA. Neither Microsoft Online Services nor FastTrack Services shall use Protected Health Information for any advertising, Marketing or other commercial purpose of Microsoft or any third party. Microsoft shall not violate the HIPAA prohibition on the sale of Protected Health Information. Microsoft shall make reasonable efforts to Use, Disclose, and/or request the minimum necessary Protected Health Information to accomplish the intended purpose of such Use, Disclosure, or request.
(ii) Safeguards. Microsoft shall: (1) use reasonable and appropriate safeguards to prevent inappropriate Use and Disclosure of Protected Health Information other than as provided for in this BAA; and (2) comply with the applicable requirements of 45 CFR Part 164 Subpart C of the Security Rule.
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(iii) Reporting. Microsoft shall report to Customer: (1) any Use and/or Disclosure of Protected Health Information that is not permitted or required by this BAA of which Microsoft becomes aware; (2) any Security Incident of which it becomes aware, provided that notice is hereby deemed given for Unsuccessful Security Incidents and no further notice of such Unsuccessful Security Incidents shall be given; and/or (3) any Breach of Customer’s Unsecured Protected Health Information that Microsoft may discover (in accordance with 45 CFR § 164.410 of the Breach Notification Rule). Notification of a Breach will be made without unreasonable delay, but in no event more than five (5) business days after Microsoft’s determination of a Breach. Taking into account the level of risk reasonably likely to be presented by the Use, Disclosure, Security Incident, or Breach, the timing of other reporting will be made consistent with Microsoft’s and Customer’s legal obligations.
For purposes of this Section, “Unsuccessful Security Incidents” mean, without limitation, pings and other broadcast attacks on Microsoft’s firewall, port scans, unsuccessful log-on attempts, denial of service attacks, and any combination of the above, as long as no such incident results in unauthorized access, acquisition, Use, or Disclosure of Protected Health Information. Notification(s) under this Section, if any, will be delivered to contacts identified by Customer pursuant to Section 3b(ii) (Contact Information for Notices) of this BAA by any means Microsoft selects, including through e-mail. Microsoft’s obligation to report under this Section is not and will not be construed as an acknowledgement by Microsoft of any fault or liability with respect to any Use, Disclosure, Security Incident, or Breach.
(iv) Subcontractors. In accordance with 45 CFR §§ 164.502(e)(1)(ii) and 164.308(b)(2) of HIPAA, Microsoft shall require its Subcontractors who create, receive, maintain, or transmit Protected Health Information on behalf of Microsoft to agree in writing to: (1) the same or more stringent restrictions and conditions that apply to Microsoft with respect to such Protected Health Information; (2) appropriately safeguard the Protected Health Information; and (3) comply with the applicable requirements of 45 CFR Part 164 Subpart C of the Security Rule.
Microsoft remains responsible for its Subcontractors’ compliance with obligations in this BAA.
(v) Disclosure to the Secretary . Microsoft shall make available its internal practices, records, and books relating to the Use and/or Disclosure of Protected Health Information received from Customer to the Secretary of the Department of Health and Human Services for purposes of determining Customer’s compliance with HIPAA, subject to attorney-client and other applicable legal privileges. Microsoft shall respond to any such request from the Secretary in accordance with the Section titled “Disclosure of Customer Data” in the Agreement.
(vi) Access. If Microsoft maintains Protected Health Information in a Designated Record Set for Customer, then Microsoft, at the request of Customer, shall within fifteen (15) days make access to such Protected Health Information available to Customer in accordance with 45 CFR § 164.524 of the Privacy Rule. (vii) Amendment. If Microsoft maintains Protected Health Information in a Designated Record Set for Customer, then Microsoft, at the request of Item Title: 10.12
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Customer, shall within fifteen (15) days make available such Protected Health Information to Customer for amendment and incorporate any reasonably requested amendment
in the Protected Health Information in accordance with 45 CFR § 164.526 of the Privacy Rule.
(viii) Accounting of Disclosure. Microsoft, at the request of Customer, shall within fifteen (15) days make available to Customer such information relating to Disclosures made by Microsoft as required for Customer to make any requested accounting of Disclosures in accordance with 45 CFR § 164.528 of the Privacy Rule.
(viii)Performance of a Covered Entity’s Obligations. To the extent Microsoft is to carry out a Covered Entity obligation under the Privacy Rule, Microsoft shall comply with the requirements of the Privacy Rule that apply to Customer in the performance of such obligation.
b. Customer Responsibilities.
(i) No Impermissible Requests. Customer shall not request Microsoft to Use or Disclose Protected Health Information in any manner that would not be permissible under HIPAA if done by a Covered Entity (unless permitted by HIPAA for a Business Associate).
(ii) Contact Information for Notices. Customer hereby agrees that any reports, notification, or other notice by Microsoft pursuant to this BAA may be made electronically. Customer shall provide contact information as follows (or as Microsoft may specify from time to time): (1) the Azure Security Center for Microsoft Azure Core Services, (2) [email protected] for other Azure or U.S. Government online services in scope for this BAA, and (3) the Message Center in the Admin Center for other Microsoft Online Services.
Contact information (a) for Microsoft Azure Core Services must include the security contact information required on the Azure Security Center, (b) for other Azure or U.S. Government online services in scope for this BAA must include name of individual(s) to be contacted, title of individual(s) to be contacted, e-mail address of individual(s) to be contacted, name of Customer organization, and, if available, Customer’s contract number, subscriber identification number, and Microsoft Online Direct Routing Domain (MODRD) (e.g. “contoso.onmicrosoft.com”), and (c) for other Microsoft Online Services must include information required for the Message Center Privacy reader role in the Admin Center. Customer shall ensure that such contact information remains up to date during the term of this BAA. Failure to submit and maintain as current the aforementioned contact information may delay Microsoft’s ability to provide Breach notification under this BAA.
(iii) Safeguards and Appropriate Use of Protected Health Information.
Customer is responsible for implementing appropriate privacy and security safeguards to protect its Protected Health Information in compliance with HIPAA. Without limitation, it is Customer’s obligation to:
1) Not include Protected Health Information in: (1) information Customer submits to technical support personnel through a technical support request or to community support forums; and (2) Customer’s address book or Item Title: 10.12
Agreement with SHI International Corp. for Microsoft 365 Software Licenses Item Page Number: 48
Menifee Mayor and City Council
March 18, 2026
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189 of 608
STATE OF CALIFORNIA SHI INTERNATIONAL CORP.
DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
directory information. In addition, Microsoft does not act as, or have the obligations of, a Business Associate under HIPAA with respect to Customer Data or FastTrack Data once it is sent to or from Customer outside Microsoft Online Services or FastTrack Services over the public Internet, or if Customer fails to follow applicable instructions regarding physical media transported by a common carrier.
2) Implement privacy and security safeguards in the systems, applications, and software Customer controls, configures, and uploads into the Microsoft Online Services or uses in connection with the FastTrack Services.
4. Applicability of BAA.
This BAA is applicable to Microsoft Online Services and FastTrack Services. Microsoft may, from time to time, (a) include additional Microsoft online services on the Microsoft Trust Center and/or in the “Data Protection Terms” section of the Online Services Terms incorporated into the Agreement or additional FastTrack Services on the FastTrack Center BAA site, and (b) update the definition of Microsoft Online Services and FastTrack Services in this BAA accordingly, and such updated definitions will apply to Customer without additional action by Customer. It is Customer’s obligation to not store or process in an online service, or provide to Microsoft for performance of a professional service, protected health information (as that term is defined in 45 CFR § 160.103 of HIPAA) until this BAA is effective as to the applicable service.
5. Term and Termination.
a. Term. This BAA shall continue in effect until the earlier of (1) termination by a Party for breach as set forth in Section 5b, below, or (2) expiration of Customer’s Agreement.
b. Termination for Breach. Upon written notice, either Party immediately may terminate the Agreement and this BAA if the other Party is in material breach or default of any obligation in this BAA. Either party may provide the other a thirty (30) calendar day period to cure a material breach or default within such written notice.
c. Return, Destruction, or Retention of Protected Health Information Upon Termination. Upon expiration or termination of this BAA, Microsoft shall return or destroy all Protected Health Information in its possession, if it is feasible to do so, and as set forth in the applicable termination provisions of the Agreement. If it is not feasible to return or destroy any portions of the Protected Health Information upon termination of this BAA, then Microsoft shall extend the protections of this BAA, without limitation, to such Protected Health Information and limit any further Use or Disclosure of the Protected Health Information to those purposes that make the return or destruction infeasible for the duration of the retention of the Protected Health Information.
6. Miscellaneous.
a. Interpretation. The Parties intend that this BAA be interpreted consistently with their intent to comply with HIPAA and other applicable federal and state law. Except where this BAA conflicts with the Agreement, all other terms and conditions of the Item Title: 10.12
Agreement with SHI International Corp. for Microsoft 365 Software Licenses Item Page Number: 49
Menifee Mayor and City Council
March 18, 2026
Page
190 of 608
STATE OF CALIFORNIA SHI INTERNATIONAL CORP.
DEPARTMENT OF TECHNOLOGY PO 25-0198737/ SC 25-0198737
Agreement remain unchanged. Any captions or headings in this BAA are for the convenience of the Parties and shall not affect the interpretation of this BAA. b. BAAs; Waiver. This BAA may not be modified or amended except in a writing duly signed by authorized representatives of the Parties. A waiver with respect to one event shall not be construed as continuing, as a bar to, or as a waiver of any right or remedy as to subsequent events.
c. No Third-Party Beneficiaries. Nothing express or implied in this BAA is intended to confer, nor shall anything in this BAA confer, upon any person other than the Parties, and the respective successors or assigns of the Parties, any rights, remedies, obligations, or liabilities whatsoever.
d. Severability. In the event that any provision of this BAA is found to be invalid or unenforceable, the remainder of this BAA shall not be affected thereby, but rather the remainder of this BAA shall be enforced to the greatest extent permitted by law. e. No Agency Relationship. It is not intended that an agency relationship (as defined under the Federal common law of agency) be established hereby expressly or by implication between Customer and Microsoft under HIPAA or the Privacy Rule, Security Rule, or Breach Notification Rule. No terms or conditions contained in this BAA shall be construed to make or render Microsoft an agent of Customer.
Item Title: 10.12
Agreement with SHI International Corp. for Microsoft 365 Software Licenses Item Page Number: 50
Menifee Mayor and City Council
March 18, 2026
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Item Title: 10.12
Agreement with SHI International Corp. for Microsoft 365 Software Licenses Item Page Number: 51
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March 18, 2026
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CITY OF MENIFEE
SUBJECT: Purchase Order with Musco Sports Lighting, LLC for the Purchase of Sports Field Lighting for Hidden Hills Park and E.L. Pete Petersen Park
MEETING DATE: March 18, 2026
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst II
REVIEWED BY: Mariana Mitchell, Community Services Director APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the Finance Department to issue a purchase order for the purchase of sports field lighting for the Hidden Hills Park, from Musco Sports Lighting, LLC pursuant to Cooperative Agreement No. 041123-MSL in the amount of $148,118 and any applicable sales or use tax; and
2. Approve and authorize the Finance Department to issue a purchase order for the purchase of sports field lighting for the E.L. Pete Petersen Park, from Musco Sports Lighting, LLC pursuant to Cooperative Agreement No. 041123-MSL in the amount of $165,953 and any applicable sales or use tax; and
3. Approve and authorize these purchases be made utilizing Sourcewell Contract No. 041123- MSL pursuant to Menifee Municipal Code Section 3.12.210; and
4. Authorize the City Manager to execute all documents required for these purchases.
DISCUSSION
The City of Menifee places a high priority on providing field access for youth and adult sports organizations, as well as supporting City-operated recreation programs such as the flag football league. Each year, approximately 30 applications are submitted for the use of multi-purpose fields. During the fall and winter seasons, most organizations request lighted fields to accommodate earlier sunsets and evening play. Currently, the City has four lighted multi-purpose fields, which limits staff’s ability to accommodate all requests and reduces available field access for residents. In addition to the demonstrated demand from local organizations, the need for additional lighted fields is identified in the Parks Master Plan. Installing additional field lighting Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 1
Menifee Mayor and City Council
March 18, 2026
Page
193 of 608
City of Menifee Staff Report
Sports Field Lighting Purchase
March 18, 2026
3 1
9 6
would significantly expand playable hours during the fall and winter months and improve access to recreation opportunities for the community.
Capital Improvement Program (CIP) Projects No. 26-09 Sports Lighting at Hidden Hills and No. 26-08 Sports Lighting at E.L. Pete Petersen were approved by Council to fund the purchase and installation of sports field lighting at two City maintained parks.
At Hidden Hills Park, located at 31727 Eaton Lane, improvements include the installation of sports lighting for one multi-purpose field and one basketball court, as illustrated in Image 1 below.
IMAGE 1 – HIDDEN HILLS PARK LIGHTING LOCATION MAP
Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 2
Menifee Mayor and City Council
March 18, 2026
Page
194 of 608
City of Menifee Staff Report
Sports Field Lighting Purchase
March 18, 2026
3 1
9 6
At E.L. Pete Petersen Park, located at 29621 Park City Avenue, improvements include the installation of sports lighting for one multi-purpose field and one basketball court, as illustrated in Image 2 below.
IMAGE 2 – EL PETE PETERSEN PARK LIGHTING LOCATION MAP
Pursuant to Menifee Municipal Code Section 3.12.210, staff seeks to procure the sports field lighting through the Sourcewell Cooperative Purchasing Agreement, Contract No. 041123-MSL.
Utilizing a cooperative purchasing agreement significantly shortens the procurement timeline and expedites product delivery, while ensuring the City receives competitive pricing from trusted vendors.
The total proposed cost of the lighting purchased from MUSCO is $314,071. Installation is not included and would be procured through a Notice of Inviting Bid (NIB) process. Following the bidding process, a recommendation to award contracts for the installation phase of the project will be made. It is anticipated that the construction phase will take approximately six months. The sports field lighting installation for both parks is expected to be completed in Winter 2026.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community
FISCAL IMPACT
The total fiscal impact for this item is $314,071. Funding in the total amount is available in the corresponding approved project funding as shown in Table 1 on the following page.
Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 3
Menifee Mayor and City Council
March 18, 2026
Page
195 of 608
City of Menifee Staff Report
Sports Field Lighting Purchase
March 18, 2026
3 1
9 6
TABLE 1 – EXISTING PROJECT FUNDING
Project Account Number Amount
Available
Amount
Requested
CIP 26-08 Sports Lighting at
E.L. Pete Petersen Park
4320-PWD-CIPC-906-
01100-690050- $360,620 $148,118
CIP 26-09 Sports Lighting at
Hidden Hills Park
4320-PWD-CIPC-906-
01100-690050- $358,570 $165,953
TOTAL $314,071
Installation is not included for lights and will be an additional cost. The full cost is included as part of each budgeted project. No additional budget appropriation action(s) is required.
ATTACHMENTS
1. MUSCO Sports Lighting, LLC_Hidden Hills Park Quote
2. MUSCO Sports Lighting, LLC_EL Pete Petersen Quote
3. Sourcewell Agreement, Contract No. 041123-MSL
Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 4
Menifee Mayor and City Council
March 18, 2026
Page
196 of 608
Quote
2017, 2023 Musco Sports Lighting, LLC • M-2037-enUS-11
1 of 2
Hidden Hills Park Soccer and Basketball – Menifee, CA
February 12, 2026
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services
All purchase orders should note the following:
Sourcewell Purchase – Contract Number: 041123-MSL
Quote – Materials Only Delivered to each Job Site
Musco’s Light-Structure System™ as described below, and delivered to the job site:
Soccer Field (120’ x240’), Basketball Court (85’ x 50’) $136,200.00 Estimated Sales Tax 8.75% (Confirm tax rate at time of order) ~$11,917.50 Sales tax, bonding, labor, installation, and unloading of the equipment are not included.
Estimate is effective for 60 days unless otherwise noted and is confidential.
Light-Structure System™ with Total Light Control – TLC for LED™ technology- Soccer Field • (4) Concrete Piers- S1, S2, S3, S4
• (4) 60’ Galvanized Steel Poles- S1, S2, S3, S4
• (8) TLC LED 550 Factory-aimed and assembled luminaires • (8) TLC LED 900 Factory-aimed and assembled luminaires • Factory-wired and tested remote electrical component enclosures • Pole length, factory-assembled wire harnesses
• Mounting hardware for poletop luminaire assemblies and electrical components enclosures • Disconnects
• UL listed as a system
• TLC-LED Light Fixtures shall be painted black.
LED System -LSI -Basketball Court
• (4) ZONE™ Medium Outdoor Luminaire (ZNM)
• (4) 30’ height square poles with base plate- BB1, BB2, BB3, BB4 • See Musco Structural design for light pole foundation information. • Confirm Pole / Fixture Color – Black, Bronze, White, Silver
On Field Performance – control to benefit players and fans • Soccer Field guaranteed light levels of 30 footcandles • Basketball Court guaranteed light levels of 20 footcandles Always Ready to Play – control assuring the results you expect • Product warranty program that includes materials for 25 years- Soccer Field Only • Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of our maintenance costs for 10 years-Basketball Court Only.
Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 5
Menifee Mayor and City Council
March 18, 2026
Page
197 of 608
Quote
2017, 2023 Musco Sports Lighting, LLC • M-2037-enUS-11
2 of 2
Control System
• Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support.
• (1) 24” x 48” Control and Monitoring Cabinet (CMC) mounted in Electrical Room. • Include 120v Control Circuit to Musco CMC.
Notes
Quote is based on:
• Shipment of entire project together to each location. • 240v 1p Voltage and phase. See Site Electrical Plans. • Structural Code and Windspeed: CBC 2025 95 MPH.
• See Musco Lighting Design 244642A.pdf for photometrics, and pole coordinates. • Pole Embedment and Light Pole Structural design – see C1 sheet dated 2/10/26. • Musco would like the pole coordinates for the soccer field and basketball court confirmed by the Electrical Contractor prior to production release. Musco can provide a field template for each field if requested. • Delivery to the job site for projects can vary from 10-12 weeks. Musco must have the following information in order to schedule production of a project: Purchase Order, Submittal Approval, and Production Release.
Thank you for considering our Team for your sports lighting needs. Please contact me with any questions.
Mike Higgins
Musco Sports Lighting, LLC
Phone: 714-614-0863
E-mail: [email protected]
Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 6
Menifee Mayor and City Council
March 18, 2026
Page
198 of 608
Quote
2017, 2023 Musco Sports Lighting, LLC • M-2037-enUS-11
1 of 2
Pete Peterson Park Soccer – Menifee, CA
February 12, 2026
Sourcewell
Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services
All purchase orders should note the following:
Sourcewell Purchase – Contract Number: 041123-MSL
Quote – Materials Only Delivered to each Job Site
Musco’s Light-Structure System™ as described below, and delivered to the job site:
Soccer Field (320’x 160’) & Basketball Court (83’ x 50’) $152,600.00 Estimated Sales Tax 8.75% (Confirm tax rate at time of order) ~$13,352.50 Sales tax, bonding, labor, installation, and unloading of the equipment are not included.
Estimate is effective for 60 days unless otherwise noted and is confidential.
Light-Structure System™ with Total Light Control – TLC for LED™ technology- Pete Peterson Park • (5) Concrete Piers- S1, S2, S3, S4, BA1
• (1) 30’ Galvanized Steel Poles-BA1
• (4) 60’ Galvanized Steel Poles-S1, S2, S3, S4
• (4) TLC LED 550 Factory-aimed and assembled luminaires • (20) TLC LED 900 Factory-aimed and assembled luminaires • Factory-wired and tested remote electrical component enclosures • Pole length, factory-assembled wire harnesses
• Mounting hardware for poletop luminaire assemblies and electrical components enclosures • Disconnects
• UL listed as a system
• TLC-LED Light Fixtures shall be painted black.
On Field Performance – control to benefit players and fans • Soccer Field guaranteed light levels of 30 footcandles • Basketball Court guaranteed light level 20 footcandles Always Ready to Play – control assuring the results you expect • Product warranty program that includes materials for 25 years.
Control System
• Control-Link® System for remote on/off control and performance monitoring with 24/7 customer support.
• (1) 24” x 48” Control and Monitoring Cabinet (CMC) mounted in an Electrical Enclosure. • Include 120v Control Circuit to Musco CMC.
Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 7
Menifee Mayor and City Council
March 18, 2026
Page
199 of 608
Quote
2017, 2023 Musco Sports Lighting, LLC • M-2037-enUS-11
2 of 2
Notes
Quote is based on:
• Shipment of entire project together to each location. • 208v 3p Voltage and Phase. See Site Electrical plans. • Structural Code and Windspeed: CBC 2025 95 MPH.
• See Musco Lighting Design 244648B.pdf for photometrics, and pole coordinates. • Pole Embedment and Light Pole Structural design – see C1 sheet dated 2/10/26. • Musco would like the pole coordinates for the soccer field and basketball court confirmed by the Electrical Contractor prior to production release. Musco can provide a field template for each field if requested. • Delivery to the job site for projects can vary from 10-12 weeks. Musco must have the following information in order to schedule production of a project: Purchase Order, Submittal Approval, and Production Release.
Thank you for considering our Team for your sports lighting needs. Please contact me with any questions.
Mike Higgins
Musco Sports Lighting, LLC
Phone: 714-614-0863
E-mail: [email protected]
Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 8
Menifee Mayor and City Council
March 18, 2026
Page
200 of 608
041123-MSL
Rev. 3/2022 1
Solicitation Number: RFP #041123
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Musco Sports Lighting, LLC, 100 1st Ave West, Oskaloosa, IA 52577 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Sports Lighting Solutions with Related Technology, Equipment, and Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires June 16, 2027, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 9
Menifee Mayor and City Council
March 18, 2026
Page
201 of 608
041123-MSL
Rev. 3/2022 2
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 10
Menifee Mayor and City Council
March 18, 2026
Page
202 of 608
041123-MSL
Rev. 3/2022 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 11
Menifee Mayor and City Council
March 18, 2026
Page
203 of 608
041123-MSL
Rev. 3/2022 4
• Identify the applicable Sourcewell contract number;
• Clearly specify the requested change;
• Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 12
Menifee Mayor and City Council
March 18, 2026
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Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 13
Menifee Mayor and City Council
March 18, 2026
Page
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7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
• Maintenance and management of this Contract;
• Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
• Participating Entity Name (e.g., City of Staples Highway Department); • Participating Entity Physical Street Address;
• Participating Entity City;
• Participating Entity State/Province;
• Participating Entity Zip/Postal Code;
• Participating Entity Contact Name;
• Participating Entity Contact Email Address;
• Participating Entity Contact Telephone Number;
• Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description;
• Item Purchased Price;
• Sourcewell Administrative Fee Applied; and
• Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, in reference to Table 13, Question 68 of Supplier’s attached response, the negotiated DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 14
Menifee Mayor and City Council
March 18, 2026
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administrative fee Supplier will pay to Sourcewell on all Equipment, Products, and Services provided to Participating Entities, is eight tenths of one percent (0.8%). The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 15
Menifee Mayor and City Council
March 18, 2026
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C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 16
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March 18, 2026
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promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 17
Menifee Mayor and City Council
March 18, 2026
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 18
Menifee Mayor and City Council
March 18, 2026
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
• Exercise any remedy provided by law or equity, or
• Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 19
Menifee Mayor and City Council
March 18, 2026
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 20
Menifee Mayor and City Council
March 18, 2026
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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 21
Menifee Mayor and City Council
March 18, 2026
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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 22
Menifee Mayor and City Council
March 18, 2026
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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 23
Menifee Mayor and City Council
March 18, 2026
Page
215 of 608
041123-MSL
Rev. 3/2022 16
Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 24
Menifee Mayor and City Council
March 18, 2026
Page
216 of 608
041123-MSL
Rev. 3/2022 17
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 25
Menifee Mayor and City Council
March 18, 2026
Page
217 of 608
041123-MSL
Rev. 3/2022 18
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Musco Sports Lighting, LLC
By: __________________________ By: __________________________ Jeremy Schwartz James M. Hansen
Title: Chief Procurement Officer Title: Secretary
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 6/23/2023 | 2:36 PM CDT
6/16/2023 | 2:10 PM CDT
6/23/2023 | 2:44 PM CDT
Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 26
Menifee Mayor and City Council
March 18, 2026
Page
218 of 608
RFP 041123 - Sports Lighting Solutions with Related Technology, Equipment, and Services
Vendor Details
Company Name: Musco Sports Lighting, LLC
Address:
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Contact: Amanda Hudnut
Email: [email protected]
Phone: 800-825-6030
Fax: 641-672-1996
HST#: 42-1511754
Submission Details
Created On: Tuesday February 21, 2023 07:22:41
Submitted On: Monday April 10, 2023 10:57:03
Submitted By: Jim Hansen
Email: [email protected]
Transaction #: 644e37be-1ebc-43b3-9b63-5a4fe7708b28
Submitter's IP Address: 216.248.100.66
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 27
Menifee Mayor and City Council
March 18, 2026
Page
219 of 608
Specifications
Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; respond “N/A” if the question does not apply to you (preferably with an explanation).
Line
Item Question Response *
1 Proposer Legal Name (one legal entity only):
(In the event of award, will execute the
resulting contract as "Supplier")
Musco Sports Lighting, LLC
*
2 Identify all subsidiary entities of the Proposer
whose equipment, products, or services are
included in the Proposal.
None
*
3 Identify all applicable assumed names or DBA
names of the Proposer or Proposer's
subsidiaries in Line 1 or Line 2 above.
None
*
4 Provide your CAGE code or Unique Entity
Identifier (SAM):
CAGE/NCAGE # OA9T7
SAM # WJHFQRT17GC5 *
5 Proposer Physical Address: 100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
*
6 Proposer website address (or addresses): www.musco.com * 7 Proposer's Authorized Representative (name,
title, address, email address & phone) (The
representative must have authority to sign
the “Proposer’s Assurance of Compliance” on
behalf of the Proposer and, in the event of
award, will be expected to execute the
resulting contract):
James M. Hansen
Secretary
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
*
8 Proposer's primary contact for this proposal
(name, title, address, email address & phone):
Taylor Knoot
Cooperative Contract Specialist
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
*
9 Proposer's other contacts for this proposal, if
any (name, title, address, email address &
phone):
Chris Hailey
Market Development Manager
Musco Sports Lighting, LLC
100 1st Ave West
PO Box 808
Oskaloosa, IA 52577
Phone: 800-825-6030
Email: [email protected]
Table 2: Company Information and Financial Strength
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 28
Menifee Mayor and City Council
March 18, 2026
Page
220 of 608
10 Provide a brief history of your company,
including your company’s core values,
business philosophy, and industry longevity
related to the requested equipment, products
or services.
Since 1976, Musco Sports Lighting has specialized in the design of and manufacture of sports and transportation/infrastructure lighting solutions around the world. Musco’s mission has been to provide sports field and transportation/infrastructure lighting solutions for public and private entities throughout the United States of America and internationally.
Built on a foundation of responsibility to the needs of everything being impacted, Musco’s solutions have illuminated everything from neighborhood ballfields; to major stadiums and arenas; to airports, rail yards, industrial sites, container terminals, and ports; to iconic landmarks and the Olympic Games.
Musco has been the industry leader in developing lighting solutions that provide high quality on field performance and environmental sensitivity to the surrounding area.
Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry.
Throughout the history of Musco, we have had the pleasure of being the recipient of an Academy Award®, Emmy® Award and the Paul Waterbury Award for Excellence for Outdoor Lighting. Musco has also developed partnerships with organizations such as National Recreation & Park Association, Little League Baseball and Softball, Major League Baseball, the United States Soccer Foundation and The Honey Bear Project (HBCU), to name a few.
Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally.
Musco Sports Lighting, LLC has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory- trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive nightly testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.
Along with our Lighting Services and Control-Link Central™ Teams, we have a fully staffed group of internal experts including but not limited to Sales Representatives, Regional Sales Associates, Service Representatives, Part Representatives, Project Coordinators, Schedulers, and Engineers. We will ensure your project flows smoothly and you get the results you expect.
*
11 What are your company’s expectations in the
event of an award?
Musco has been a Sourcewell awarded vendor for going on 9 years. We look forward to continuing the growth and educating eligible members, current members and our Musco Sales Team Members on the benefits of Sourcewell. *
12 Demonstrate your financial strength and
stability with meaningful data. This could
include such items as financial statements,
SEC filings, credit and bond ratings, letters
of credit, and detailed reference letters.
Upload supporting documents (as applicable)
in the document upload section of your
response.
Please see uploaded letter from Wells Fargo Bank, N.A. & Travelers Casualty and Surety Company of America. Also included is a copy of our current insurance certificate.
*
13 What is your US market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 80% of the US market share. *
14 What is your Canadian market share for the
solutions that you are proposing?
Musco’s sports lighting systems & solutions make up approximately 50% of the Canadian market share. *
15 Has your business ever petitioned for
bankruptcy protection? If so, explain in detail.
Musco Sports Lighting, LLC has not been the subject to any voluntary or involuntary bankruptcy, insolvency or receivership proceedings. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 29
Menifee Mayor and City Council
March 18, 2026
Page
221 of 608
16 How is your organization best described: is
it a manufacturer, a distributor/dealer/reseller,
or a service provider? Answer whichever
question (either a) or b) just below) best
applies to your organization.
a) If your company is best described as
a distributor/dealer/reseller (or similar entity),
provide your written authorization to act as a
distributor/dealer/reseller for the manufacturer
of the products proposed in this RFP. If
applicable, is your dealer network
independent or company owned?
b) If your company is best described as
a manufacturer or service provider, describe
your relationship with your sales and service
force and with your dealer network in
delivering the products and services
proposed in this RFP. Are these individuals
your employees, or the employees of a third
party?
Musco Sports Lighting, LLC is a manufacturer of sports and transportation/infrastructure lighting solutions. Musco has a sales force of over 100 dedicated Team Members throughout the United States & Canada. Musco has sales offices conveniently located around the United States of America. These Team Members are employed by Musco.
*
17 If applicable, provide a detailed explanation
outlining the licenses and certifications that
are both required to be held, and actually
held, by your organization (including third
parties and subcontractors that you use) in
pursuit of the business contemplated by this
RFP.
Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. We comply with applicable federal, state, local and industry laws for each purchasing customer. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co. Please reference the uploaded Musco Contractor License information.
As a General Contractor, Musco selects and contracts with local subcontractor organizations that meet our quality standards and can fulfill our time constraints to perform the type of work outlined in this RFP. Musco does obtain license verification and insurance certificate for all subcontractors who work with us. *
18 Provide all “Suspension or Debarment”
information that has applied to your
organization during the past ten years.
Musco Sports Lighting, LLC has not been the subject of any suspension or disbarments. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 30
Menifee Mayor and City Council
March 18, 2026
Page
222 of 608
Table 3: Industry Recognition & Marketplace Success
Line
Item Question Response *
19 Describe any relevant industry awards or
recognition that your company has received
in the past five years
During Musco’s 46 years in the sports lighting industry, Musco & our Team Members have received quite a few awards and recognitions. Below is a listing of several recent awards & recognitions along with our more notable ones from years past.
American Marketing Association Iowa Nova Award for Public Relations Best of Category for Field of Dreams with MLB (2022)
Eric O’Brien Commercial Award (Mike Berry, MA) from The New England Park Association (2021)
NIAAA Distinguished Service to Athletic Administration (Dina Neeley, NC) from the North Carolina Athletic Directors Association (2018)
David Lose Partnership Award (Curt Mickey, KY) from the Kentucky Recreation and Park Society (2018)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting ESPN’s telecast for the Winter X-Games (2012)
Paul Waterbury Award of Excellence for Outdoor lighting from the Illuminating Engineering Society for the innovative lighting design at Charlotte Motor Speedway (1993)
Scientific and Engineering Award from the Academy of Motion Picture of Arts and Services® (1985)
Emmy® Award from the Academy of Television Arts & Sciences® for lighting NCAA football telecasts (1982)
*
20 What percentage of your sales are to the
governmental sector in the past three years
Approximately 41% of Musco’s current national sales are to the government sector. * 21 What percentage of your sales are to the
education sector in the past three years
Approximately 52% of Musco’s current national sales are to the education sector. * 22 List any state, provincial, or cooperative
purchasing contracts that you hold. What is
the annual sales volume for each of these
contracts over the past three years?
Musco is an awarded vendor on several national and regional cooperative purchasing contracts. Please see the uploaded document titled “Musco Cooperative Information” for a summary of the cooperative and approximate sales for 2020, 2021, and 2022.
*
23 List any GSA contracts or Standing Offers
and Supply Arrangements (SOSA) that you
hold. What is the annual sales volume for
each of these contracts over the past three
years?
Musco Sports Lighting, LLC currently does not hold any GSA contracts. *
Table 4: References/Testimonials
Line Item 24 . Supply reference information from three customers who are eligible to be Sourcewell participating entities.
Entity Name * Contact Name * Phone Number *
Fairfax County Park Authority Paul Shirey 703-324-8738 * Denver Public Schools Josh Griesbach 720-423-1913 *
University of Iowa Laura Hawks 319-467-1626 *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 31
Menifee Mayor and City Council
March 18, 2026
Page
223 of 608
Table 5: Top Five Government or Education Customers
Line Item 25. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years.
Entity Name Entity Type * State /
Province * Scope of Work * Size of Transactions * Dollar Volume Past Three Years *
Education Education Florida - FL Materials & install Approx. $500K Approx. $10.8M * Education Education Arizona - AZ Materials Approx. $750K Approx. $6.8M * Government Government Florida - FL Materials & install Approx. $1.7M Approx. $6.7M * Government Government Texas - TX Materials & install Approx. $900K Approx. $6.3M * Education Education Texas - TX Materials & install Approx. $400K Approx. $5.9M * Table 6: Ability to Sell and Deliver Service
Describe your company’s capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable.
Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions.
Line
Item Question Response *
26 Sales force. Musco has a sales force of over 100 dedicated Sales Team Members throughout the United States & Canada. These Team Members are employed by Musco.
Musco has offices and manufacturing facilities in Oskaloosa, Muscatine and Urbandale, Iowa. We have a workforce of approximately 1,300 Team Members located in these facilities and regional sales offices conveniently located around the United States of America. In addition, we have approximately 200 Team Members located outside the United States of America supporting our manufacturing facilities in Shanghai, China and Gumi, South Korea and multiple sales offices globally. *
27 Dealer network or other distribution
methods.
Musco Sports Lighting, LLC has no agents or dealers authorized to represent the company. Musco’s custom designed, engineered to order lighting systems must be purchased directly from the company.
*
28 Service force. Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training.
Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.
*
29 Describe the ordering process. If orders
will be handled by distributors, dealers or
others, explain the respective roles of the
Proposer and others.
Orders will be handled by our Musco employed Sales Team. *
30 Describe in detail the process and
procedure of your customer service
program, if applicable. Include your
response-time capabilities and
commitments, as well as any incentives
that help your providers meet your stated
service goals or promises.
Musco has over 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems. Our Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training.
Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored.
Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs.
Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria during the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 32
Menifee Mayor and City Council
March 18, 2026
Page
224 of 608
31 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in the
United States.
Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co.
*
32 Describe your ability and willingness to
provide your products and services to
Sourcewell participating entities in Canada.
Musco Sports Lighting is authorized to sell products and provide services in all 50 states, the District of Columbia and Canada. Musco will be able to fully serve all geographic areas through the proposed contract. In Canada, Musco sells under our Canadian company, Musco Sports Lighting Canada Co.
*
33 Identify any geographic areas of the United
States or Canada that you will NOT be
fully serving through the proposed contract.
Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members throughout the United States and Canada. *
34 Identify any Sourcewell participating entity
sectors (i.e., government, education, not-for-
profit) that you will NOT be fully serving
through the proposed contract. Explain in
detail. For example, does your company
have only a regional presence, or do other
cooperative purchasing contracts limit your
ability to promote another contract?
Musco Sports Lighting, LLC will be able to fully serve all Sourcewell Members through the proposed contract.
*
35 Define any specific contract requirements
or restrictions that would apply to our
participating entities in Hawaii and Alaska
and in US Territories.
Musco has no specific requirements or restrictions which apply to Sourcewell Members located off shores. *
Table 7: Marketing Plan
Line
Item Question Response *
36 Describe your marketing strategy for
promoting this contract opportunity.
Upload representative samples of your
marketing materials (if applicable) in
the document upload section of your
response.
Musco Sports Lighting, LLC has several brochures available to market our product to Sourcewell Members. A sampling of what we can supply is listed below, included in our catalog and attached.
• World Class Leaders
• We Make it Happen
• Always Ready to Play brochure
• Total Light Control – TLC for LED™ brochure
• Retrofit Lighting Solutions brochure
• Musco Control Solutions
Musco Sports Lighting, LLC markets our products through tradeshows, conventions, direct mail and advertising. Musco does targeted, personalized marketing promotions to specific customer groups and would be able to provide information on Sourcewell as appropriate in those promotions.
*
37 Describe your use of technology and
digital data (e.g., social media,
metadata usage) to enhance
marketing effectiveness.
Musco regularly provides updates about our Team, product, services and projects via our web site & social media accounts (Twitter, Facebook, Instagram, YouTube & LinkedIn). In addition, our Sales Team each have Twitter and/or LinkedIn that they post updates to on a regular basis.
*
38 In your view, what is Sourcewell’s role
in promoting contracts arising out of
this RFP? How will you integrate a
Sourcewell-awarded contract into your
sales process?
Musco anticipates that Sourcewell would promote Musco’s solutions and services via their web site, social media, tradeshows and publications.
Our USA & Canada Sales Team will promote Sourcewell by informing qualified customers of this available resource for their use in purchasing Musco’s solutions. *
39 Are your products or services
available through an e-procurement
ordering process? If so, describe your
e-procurement system and how
governmental and educational
customers have used it.
Due to Musco’s custom designed, engineered to order lighting systems, our products and services are not available through any e-procurement ordering process. *
Table 8: Value-Added Attributes
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 33
Menifee Mayor and City Council
March 18, 2026
Page
225 of 608
40 Describe any product, equipment,
maintenance, or operator training
programs that you offer to
Sourcewell participating entities.
Include details, such as whether
training is standard or optional,
who provides training, and any
costs that apply.
Musco includes training with the purchase of our solutions.
During the sales process, Musco’s Sales Team will provide education on sports lighting, Musco’s products and services as well as applicable governing bodies standards.
Once installation of the Musco lighting system is completed, Musco’s Sales Team and/or Project Manager will complete an overview of the lighting system and complete final light level evaluations. They will then assist in arranging a more in-depth training with our Control- Link Central™ Team.
Musco’s Control-Link Central™ service center is staffed 24/7/365 with trained operators who provide scheduling and report assistance, along with one-on-one phone/video training. *
41 Describe any technological
advances that your proposed
products or services offer.
At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings.
Musco’s Light-Structure System™ has delivered long-term performance for thousands of customers around the world. Lights, structures, and electrical components are engineered to work together. This assures the designed lighting gets in the place and stays there over the life of the system, while also maintaining and protecting the operating environment so the components continue to function. We have included features like easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the LED’s sensitive electronic components.
For over a decade, the Musco Team has been testing the LED light source and applying it on projects where it was the best choice. We have researched LED’s distinctive challenges and advantages and applied our knowledge of light control to the unique characteristics of the diode, assuring the quality of lighting for which Musco is known. We have paired our expertise in controlling light with the advancing output of LED to the point that we are confident it’s a cost-effective option to consider for recreational facilities. Musco creates controlled light, not floodlights.
LED brings many benefits and new opportunities, but it’s a tool, not a solution. Controlling LED’s intense light is challenging. But with Total Light Control – TLC for LED®, we are able to achieve things never before possible – from pinpoint precision to instant on/off, to varying light levels for different needs and sport presentation theatrics (choreographed light & music shows). With the ever-evolving sports and recreation landscape Musco continues to push boundaries in the marketplace.
The key issue in sports lighting haven’t changed: generating light, projecting it onto the target, keeping it out of the neighborhood and night sky, and creating an operating environment that allows it to last in real world conditions. Musco is able to carve out the area to be lighted and dramatically cut off any impact on the surrounding area. We use more of the light produced by the fixture, lose less light, and don’t abuse the neighborhood.
With cities and recreational needs growing faster than ever, it’s critical to maximize the available resources and make solid decisions about managing and expanding facilities. The Control-Link® System is a reliable, cost-effective control system that helps control, monitor, and manage recreation facility lighting. It can control existing lighting systems and other electrically operated equipment. Whether for new lighting systems or to upgrade existing lights, the Control-Link® system includes our Control-Link Central™ team, the on-site Control- Link® equipment, and an industry-leading warranty. Our exclusive Control-Link Central™ team is staffed 24/7 to assist with your scheduling and reporting needs.
Musco’s Light-Structure System™ with Total Light Control – TLC for LED® is backed by an industry-leading 25-year warranty. Musco’s Constant 25™ Product Assurance & Warranty program covers all materials and labor to maintain operation of its lighting system to original design criteria for 25 years.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 34
Menifee Mayor and City Council
March 18, 2026
Page
226 of 608
42 Describe any “green” initiatives
that relate to your company or to
your products or services, and
include a list of the certifying
agency for each.
Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. We minimize the emissions to air, water, and land through programs to reduce pollution at its source and will conserve energy through the use of energy efficient lighting systems.
Product:
• Musco’s Green Generation Lighting® (HID) and TLC for LED® technology are 30 to 80 percent more energy efficient than traditional lighting equipment. • Customized optics direct light onto the desired surface, reducing wasted light into the surrounding area.
• Control-Link® system provides remote on/off control, allowing customers to schedule our light systems to help maximize energy efficiency.
• Eases pollution by eliminating or reducing the use of hazardous substances and reducing greenhouse gas emissions.
Manufacturing:
• On-site waste management includes recycling manufacturing scrap materials, wooden skids, paper and other packaging materials.
• Packaging of our Light-Structure System™ contains between 30 to 50 percent recycled material.
• Reusable packaging is used to move components from original fabrication through the complete manufacturing process.
• During the spot maintenance and complete system lamping provided by Musco, all HID lamps are recycled to salvage both the mercury and glass. • Reuse water during the manufacturing process and conserve water when possible.
Office:
• Electronic components that are not re-usable due to equipment failure or are below minimum requirements are recycled through and E-Waste Facility. • Use geothermal heating and air conditioning to minimize energy consumption. • Our facilities have automatic toilets and faucets to minimize water usage. *
43 Identify any third-party issued eco-
labels, ratings or certifications that
your company has received for
the equipment or products
included in your Proposal related
to energy efficiency or
conservation, life-cycle design
(cradle-to-cradle), or other
green/sustainability factors.
Musco currently does not hold any third-party issued eco-labels, ratings or certifications for our products. With sports lighting being a small piece of the U.S. lighting marketplace, categories just don’t exist for this type of product. Musco has been the industry leader in developing lighting solutions that provides high quality on field performance and environmental sensitivity to the surrounding area. Energy efficiency, spill and glare control, and field management solutions have been our staple for success in the industry. *
44 Describe any Women or Minority
Business Entity (WMBE), Small
Business Entity (SBE), or veteran
owned business certifications that
your company or hub partners
have obtained. Upload
documentation of certification (as
applicable) in the document
upload section of your response.
Musco Sports Lighting, LLC is not a Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business.
*
45 What unique attributes does your
company, your products, or your
services offer to Sourcewell
participating entities? What makes
your proposed solutions unique in
your industry as it applies to
Sourcewell participating entities?
Musco Sports Lighting provides a custom designed, engineered to order lighting systems, from foundation to pole top that operates as a complete system. The lighting system comes with our Constant 25™ or Constant 10™ Product Assurance & Warranty Program. Musco’s Constant 25™ or Constant 10™ not only covers your product for 25 or 10 years, it guarantees that your light levels will not drop below the designed performance for the warranty period. Musco also includes our Control-Link® system that provides the customer assurance their system will be maintained by Musco for the warrantied period.
At Musco, our approach is more than just selling and installing poles and fixtures. We are in the business of selling the right amount light, on and off the facility, for the least amount of cost over the life of the warranty. We work closely with the owner and their consultants to gain a full understanding of the facility, its use and surroundings. *
Table 9: Warranty
Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below.
Line
Item Question Response *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 35
Menifee Mayor and City Council
March 18, 2026
Page
227 of 608
46 Do your warranties cover all products, parts, and
labor?
Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years.
Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Musco shall monitor the performance of the lighting system on/off status, hours of usage, and luminaire outage. If outages that affect playability are detected, Musco will contact you and proactively dispatch technicians.
To assist with the determination of repairs, Musco will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair and/or replacement of Covered Product(s) and parts. Repair will be with Product(s) of like kind and quality.
The only requirement Musco has is the customer agrees to check fuses and to replace fuses as needed. Musco provides spare fuses in the lowest alpha- numeric enclosure, which is located 10-12 feet above grade and is reachable by a ladder. Musco will replenish spare fuses as needed.
Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, Musco pays any upfront cost for shipping cost, installation cost, and any associated rental equipment cost & disposal cost for the replaced equipment.
Musco has a team of 170+ Team Members to ensure fulfillment of our product and services warranty and maintains financial reserves dedicated to support our warranty.
Please check out this YouTube video showcasing our Support Services and Warranty. https://www.youtube.com/watch?v=oxH00ofzSJA. This link is also included on the uploaded “Musco Solutions and Testimonial videos” document that has been uploaded.
*
47 Do your warranties impose usage restrictions or
other limitations that adversely affect coverage?
There is no hour usage restriction for our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program, but we do ask for expected usage hours to meet design criteria of the project. *
48 Do your warranties cover the expense of
technicians’ travel time and mileage to perform
warranty repairs?
Yes, the Musco Constant 25™ and Musco Constant 10™ Product Assurance & Warranty Program covers the technicians travel time and mileage to perform any warranty repairs.
*
49 Are there any geographic regions of the United
States or Canada (as applicable) for which you
cannot provide a certified technician to perform
warranty repairs? How will Sourcewell
participating entities in these regions be provided
service for warranty repair?
Musco will be able to cover all geographic regions of the United States & Canada with our Lighting Services Team that is comprised of 170 Team Members dedicated to operating and maintaining customer lighting around the USA. Regional based service technicians are available for quick responses. These Team Members are factory-trained and specialize in routine maintenance, repairs, and analysis of sports lighting systems.
Musco’s Warranty Department will make arrangements with the specified project contact to identify & rectify the situation in an appropriate time frame. If needed, Musco has the ability to hire a local electrical contractor to perform any immediate warranty needs.
Our Control-Link Central™ service center is staffed 24/7/365 with Musco employed trained operators (Team Members) who provide scheduling and report assistance, along with one-on-one phone/video training. Proactive testing is done to assure customer’s control systems are operating properly and field operations are constantly monitored. As we have heard several of our customers say, “Musco often is calling me to schedule a repair before I even know I had a problem.”
*
50 Will you cover warranty service for items made by
other manufacturers that are part of your proposal,
or are these warranties issues typically passed on
to the original equipment manufacturer?
Yes, items included in the scope of Musco sports lighting design, Musco will cover warranty service for those items. *
51 What are your proposed exchange and return
programs and policies?
Due to Musco’s lighting solutions being custom designed, engineered to order we do not have an exchange and return program. Any defective on arrival product or repairs are covered by Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program.
*
52 Describe any service contract options for the
items included in your proposal.
Musco Sports Lighting, LLC will provide all materials and labor to maintain operation of its lighting system to original design criteria for 25 or 10 years.
Musco products are guaranteed to perform for the customer as detailed in the Musco Constant 25™ or Musco Constant 10™ documents. Under the Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Program.
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 36
Menifee Mayor and City Council
March 18, 2026
Page
228 of 608
Table 10: Payment Terms and Financing Options
Line
Item Question Response *
53 Describe your payment terms and accepted payment
methods.
Musco’s payment terms are Net 30. Payments not paid when due are subject to a carrying charge for each month past due or will be pro-rated for the portion of the month there is an unpaid balance.
Carrying charges shall accrue in the amount of one- and one-half percent (1½%) per month of any overdue unpaid balance, or the maximum rate permitted by law, whichever is less.
*
54 Describe any leasing or financing options available for use by educational or governmental entities.
Musco Finance™ was established in 2006, it provides competitive financing solutions that enable customers to realize the benefits of Musco products and services. Hundreds of customers have used these solutions to complete their lighting projects. Musco Finance™ has provided budget-accommodating financing for governmental, commercial, and not-for-profit entities throughout the United States of America.
The municipal lease-purchase program, offered by Musco Finance™ provides the funding opportunity many public entities need for facility improvements such as sports lighting. The program provides a flexible, cost-effective means of funding essential renovations and, in many areas, may eliminate much of the time and expense
associated with selling bonds for a project. A know set expense can be budgeted annually, freeing you from budget uncertainties and lowering cash flow impact.
*
55 Describe any standard transaction documents that you propose to use in connection with an awarded contract
(order forms, terms and conditions, service level
agreements, etc.). Upload a sample of each (as
applicable) in the document upload section of your
response.
Due to Musco’s custom designed, engineered to order solutions our documents are tailored to the project and customer needs. Please see attached sample quote and invoice. *
56 Do you accept the P-card procurement and payment
process? If so, is there any additional cost to Sourcewell participating entities for using this process?
Musco Sports Lighting, LLC currently does not accept P-card procurement cards. *
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 37
Menifee Mayor and City Council
March 18, 2026
Page
229 of 608
Table 11: Pricing and Delivery
Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form.
Line
Item Question Response *
57 Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell
discounted price) on all of the items that you want
Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal.
Upload your pricing materials (if applicable) in the
document upload section of your response.
Musco Sports Lighting provides a custom designed, engineered to order lighting system, pricing is based per the RFP. This price list should not be considered complete and exhaustive due to the nature of each project being a unique, custom design build situation. Extreme spill and glare concerns, pole locations, and wind zone variance may affect price. RFP quoted pricing is for the most common field designs based on structural code and utilizing IBC 2018, 110 mph, Exposure C.
Installations services are available on a per project basis dependent upon Musco’s compliance with state and local licensing
requirements. Labor and materials for the complete installation, including foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
*
58 Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from
MSRP or list, state the percentage or percentage range.
The percentage discount from list prices for materials offered under this RFP is 5%. The attached price list already takes into account the 5% discount for the materials. *
59 Describe any quantity or volume discounts or rebate
programs that you offer.
As Musco is a custom designed, engineered to order lighting system, there is no quantity or volume discounts available. * 60 Propose a method of facilitating “sourced” products or related services, which may be referred to as “open
market” items or “nonstandard options”. For example, you may supply such items “at cost” or “at cost plus a
percentage,” or you may supply a quote for each such
request.
Musco Sports Lighting, LLC will work with the Sourcewell member regarding pricing and delivery of any open market, sourced and/or non-standard options which would be desired by the Sourcewell member. Musco and the Sourcewell member will agree upon a desired outcome and reflect this in the customer quote for use in issuing a purchase order.
*
61 Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response.
This includes all additional charges associated with a
purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer.
As Musco is a custom designed, engineered to order lighting system, pricing is based per the RFP. The pricing can also include equipment installation. Labor and materials for the complete installation include, foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index. If the construction project requires, Musco offers pre-shipment of the precast concrete bases. The additional cost for the pre-shipment of the precast concrete bases will vary depending on the location of the lighting project.
*
62 If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program.
Musco’s pricing includes delivery within the State of Minnesota to the job site and are for lighting systems materials only. Additional freight cost may be incurred outside the State of Minnesota. *
63 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any
offshore delivery.
Musco has no specific requirements in regard to Alaska, Hawaii, Canada, or any offshore delivery. *
64 Describe any unique distribution and/or delivery methods or options offered in your proposal.
Musco Sports Lighting offers custom designed, engineered to order lighting systems. Products are directly purchased from the company as we have no agents or authorized dealers. When you purchase a Musco Solution, it is delivered from our dedicated transportation company with Musco Lighting signage on the trucks.
*
Table 12: Pricing Offered
Line
Item The Pricing Offered in this Proposal is: * Comments 65 b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 38
Menifee Mayor and City Council
March 18, 2026
Page
230 of 608
Table 13: Audit and Administrative Fee
Line
Item Question Response *
66 Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. This process includes ensuring that Sourcewell participating entities obtain the proper pricing, that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template.
A self-audit process is in place specifically intended to verify compliance of cooperative purchasing contracts.
• Sales Administrator pulls monthly contract sales report for the cooperative purchasing contract and its associated fee for that time period.
• Each contract project PO is checked and validated that it is an awarded contract purchase
• Project awarded contract fee is validated as correct • When validation complete, report sent to cooperative purchasing organization
• As a checks & balance process, Cooperative Contract Specialist pulls a Method of Purchase by type report on a quarterly basis and a comparison is done with quarterly contract sales reports to ensure totals for an awarded
contract matches on both reports
• Invoice documents for projects of a contract member are available for review upon request
*
67 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract.
On a monthly basis, Musco is looking at the total number of projects sold & and how they breakdown by method of
purchase (bid, competitive negotiation, cooperative purchase & direct purchase). Several times during the year, we break down the method of purchase by each cooperative purchase contract. These numbers are compared to the previous
timeframes and evaluated.
*
68 Identify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typically calculated as a percentage of Vendor’s sales under the Contract or as a per-unit fee; it is not a line-item addition to the Member’s cost of goods. (See the RFP and template Contract for additional details.)
Musco Sports Lighting, LLC proposes a 0.75%
administrative fee calculated as a percentage of the
customer contract sales price.
*
Table 14A: Depth and Breadth of Offered Equipment Products and Services Line
Item Question Response *
69 Provide a detailed description of the
equipment, products, and services that you
are offering in your proposal.
Light-Structure System™ lighting with Total Light Control – TLC for LED™ technology is for new outdoor lighting applications. It is engineered as a 5 Easy Pieces™ complete system from foundation to poletop designed to a customer’s needs. Lights, structures, and electrical components are engineered to work together.
This ensures the designed lighting gets in place and stays there over the life of the system, while also maintaining and protecting the operation environment so the components continue to function. We’ve included features like factory aimed luminaires, easy to reach remote drivers, integrated grounding, and surge protection to ensure the longevity of the lighting system. Musco’s Light-Structure System™ is engineered as a complete system including the precast concrete base, galvanized steel pole, electrical components enclosure, wire harness and poletop luminaire assembly. This allows for installation ease and reduced time and expense. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 25™ product assurance and warranty program.
SportsCluster® lighting system with Total Light Control – TLC for LED™ or Total Light Control – TLC for LED™ Retrofit System technology is for outdoor and indoor lighting applications. It is a modular photometric unit, factory aimed and tested, to interface with a customer’s existing structures, making an easy retrofit lighting solution. Musco’s TLC for LED® luminaire is available in several wattage, Kelvin & CRI combinations to meet custom project requirements. Multiple light control visor options are available to allow for precise light control therefore dramatically reducing glare and spill. Our unique heat sink has convective air-cooling design that maintains a low LED junction temperature during high wattage operation. This system includes our Control-Link® control system for remote operation and is covered by Musco’s Constant 10™ product assurance and warranty program, Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 39
Menifee Mayor and City Council
March 18, 2026
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231 of 608
contingent upon Musco’s inspection and approval of existing structure and electrical wiring.
Control-Link® control and monitoring system offers efficient, cost-effective tools that are both cutting-edge and simple to use. Musco will have your back 24/7/365 to ensure your lights are only on when needed, keeping neighbors and taxpayers happy. Because more than anything, it’s about peace of mind. The Control-Link® system provides comprehensive scheduling assistance, system monitoring, secure password-protected access, automated equipment controls, and valuable usage data.
Show-Light® entertainment services provide a cost-effective way for you to bring professional light shows to your facility. From pre-game introductions to halftime shows, to celebrating big plays and big wins, this special effect lighting will energize players and fans and take your game atmosphere to a new level. Special effects light shows aren’t just for the pros anymore. Musco’s Show-Light® technology utilizes instant on/off and the advanced control capabilities of LED, is easy to use, and delivers both predesigned and customized light shows. Show-Light® entertainment services can also tap into advanced customization capabilities and more complex light shows that incorporate music along with the special effects lighting. Musco is not responsible for obtaining rights to or any cost associated with music licenses.
Mini-Pitch System™ modular sports solution has an innovative, all-in-one design to help communities create fun and active play spaces by revitalizing public areas.
Created to assist the U.S. Soccer Foundation in providing safer places to play the game, the Mini-Pitch System™ solution is ideal for transforming abandoned courts and other underutilized areas into places where children and families can come together in the spirt of teamwork, empowerment, and physical activity. It comes as a modular system complete with lighting, fencing, goals, benches, ADA-compliant access, and lockable storage.
MuscoVision® video system is a complete automated sports broadcasting solution that includes camera equipment, networking, streaming services, broadcast production, and distribution for watching various sporting events on a variety of platforms. It includes automated camera switching and game tracking for an enhanced broadcast experience. Also, it includes active game detection for ease of scheduling utilizing the same toolset used to schedule lighting. The customer must provide their own internet connection, install our MuscoVision® video system equipment, and set a broadcast schedule in Musco’s Control-Link® control system.
Musco does the rest!
Musco will provide all materials and labor to maintain operation of its lighting system to original design criteria of the warranty period up to 25 years (depending on product). Musco products are guaranteed to perform for the as detailed in our warranty documents.
Installation services are available on a per-project basis dependent upon Musco’s compliance with state and local licensing requirements. Labor and materials for the complete installation, including but not limited to foundations, pole erection, trenching, backfill, conduit, wire, electrical distribution and service cabinet(s) and site restoration shall utilize the current RS Means pricing, coefficient and must also include the appropriate City Cost Index.
*
70 Within this RFP category there may be
subcategories of solutions. List subcategory
titles that best describe your products and
services.
The scope of work of the RFP covers Musco products and services. Musco has no additional subcategories to suggest.
Below is a list of keywords that best describe Musco’s product and services. sports lighting, lighting, Musco, Musco Lighting, LED, lamp, football lighting, baseball lighting, field lighting, LED lighting, fixtures, flood lighting, flood light, parking lighting, softball lighting, light poles, light pole, soccer lighting, tennis lighting, aviation lighting, port lighting, temporary lighting, basketball lighting, arena lighting, apron lighting, rail lighting, automated broadcasting, light show, futsal, MUGA, camera, video, AV, entertainment, DMX
*
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 40
Menifee Mayor and City Council
March 18, 2026
Page
232 of 608
Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary.
Line
Item Category or Type Offered * Comments
71 Indoor, outdoor, fixed, or portable sports
related lighting solutions;
Yes
No
Musco Sports Lighting, LLC is offering indoor, outdoor, fixed, or portable sports related lighting solutions within our proposal.
*
72 Technology integration, retrofit solutions,
software, design, project management,
installation services, and maintenance related
to the purchase of equipment and products
described in Line 71 above.
Yes
No
Musco Sports Lighting, LLC is offering technology
integration, retrofit solutions, software, design, project management, installation services, and maintenance related to the purchase of equipment and products described in
Line 71 above within our proposal.
*
Table 15: Industry Specific Questions
Line
Item Question Response *
73 Describe your process for evaluating on-field and off- site glare for your sports lighting products, both pre- installation and post-installation.
On-field – Musco’s goal is to have no more than 500 candela at the home plate location while looking at the outfield poles. Similarly, our outfield positions will have no more than 500 candela while looking at the infield poles.
Off-site – Musco strives to achieve candela equal to or less than 7,500 candela at 150’ perimeter around the field. Candela is measured at 5’ above grade at 150’ perimeter.
*
74 Describe the average life span of your sports lighting system.
In 2005, Musco started our Musco Constant 25™ or Musco Constant 10™ Product Assurance & Warranty Programs (coverage depends on the lighting system and the original design criteria). Musco has several lighting systems that are over 35 years old that are still in operation today.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 41
Menifee Mayor and City Council
March 18, 2026
Page
233 of 608
75 Discuss your proposed product line
in terms of sustainability and
recycling.
Musco is committed to excellence and leadership in the protection of the environment, and the implementation of sustainable guidelines. The reduction of waste and emissions, to an absolute minimum, is our policy. We will minimize the emissions to air, water, and land through programs to reduce pollution prevention at its source and will conserve energy through the use of our energy efficient lighting systems. Musco will work closely with suppliers and licensees who are positioned to deliver outstanding value, and who share our vision of placing high priority on environmental, social and ethical issues when procuring products and services. In the process, we will achieve costs savings, enhanced energy efficiency, improved quality, and a healthy workplace for our team members.
To accomplish this program, the following guidelines are established:
Recycle
• Musco is committed to identifying and implementing pollution prevention opportunities by communicating sustainable practices, and encouraging involvement, to all team members.
• Musco utilizes a nationwide recycling program. During the spot maintenance and complete system relamping, all the lamps are recycled through a recycling service where both the mercury and glass are salvaged. Musco developed reusable packaging that is used to move its reflectors from original fabrication through the complete manufacturing process.
• Musco aims to reduce, reuse and recycle whenever possible from the production process to the customer. Musco’s on-site waste management includes recycling plant scrap, and wooden skids, along with paper and packaging materials. Packaging product utilized with Musco’s Light-Structure System™ contains between 30 to 50 percent recycled material, depending on the type of packaging.
• Electronic components that are not re-usable due to equipment failure, or are below minimum requirements, are recycled through an E- Waste Facility, including: laptops, desktops, servers, network devices, computer screens, televisions, keyboard, computer mouse, and printers.
Conserve
• Musco reuses water during the manufacturing process and conserves water when applicable. We utilize geothermal heating and air conditioning, which minimizes electricity consumption. Our operations also have automatic toilets and faucets to maximize water usage. • Musco conserves energy and reduces light pollution through our permanent and temporary LED light sources that are 30 to 80 percent more energy efficient than traditional lighting equipment. • Musco’s Control-Link® system provides instant light automation, allowing customers to schedule our light systems that help maximize energy efficiency.
• Preventing pollution by eliminating or reducing the use of hazardous substances, and reducing greenhouse gas emissions, is a first priority. • Technologies or methods which utilize non-hazardous materials and source reduction approaches will be given top priority in addressing all environmental issues.
• Musco demonstrates corporate citizenship by following all federal, state, and international environmental regulations.
• We promote cooperation between industry, government and the public for the shared goal of pollution prevention at the source, as well as continuing sustainable practices throughout all of our operations worldwide.
• As part of our commitment towards social responsibility, we will create job opportunities and training for the local workforce. • Our team strives to create responsible sustainability standards that translate into generating a positive and lasting change in every community that we encounter.
In addition to the above, Musco’s LED fixtures are RoHS compliant.
RoHS is a European Union Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment.
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 42
Menifee Mayor and City Council
March 18, 2026
Page
234 of 608
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Documents
Ensure your submission document(s) conforms to the following:
1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided.
2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell.
3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell.
4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan."
Pricing - Musco Sourcewell 041123 Pricing September 2022.pdf - Wednesday March 15, 2023 15:12:16 Financial Strength and Stability - Financial Strength and Stability.zip - Wednesday March 15, 2023 15:12:27 Marketing Plan/Samples - Marketing Plan Samples.zip - Wednesday March 15, 2023 15:12:40 WMBE/MBE/SBE or Related Certificates (optional)
Warranty Information - Warranty.zip - Wednesday March 15, 2023 15:13:04 Standard Transaction Document Samples - Document Samples.zip - Wednesday March 15, 2023 15:13:17 Upload Additional Document - Company and Product Information.zip - Wednesday March 15, 2023 15:13:42
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 43
Menifee Mayor and City Council
March 18, 2026
Page
235 of 608
Addenda, Terms and Conditions
PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE
I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance:
1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence.
2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award.
3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation.
4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor’s objectivity in performing the contract is, or might be, impaired.
5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation.
6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract.
7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract.
8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract.
9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders.
10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act.
11. Proposer its employees, agents, and subcontractors are not:
1. Included on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf;
2. Included on the government-wide exclusions lists in the United States System for Award Management found at:
https://sam.gov/SAM/; or
3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 44
Menifee Mayor and City Council
March 18, 2026
Page
236 of 608
by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation.
By checking this box I acknowledge that I am bound by the terms of the Proposer’s Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - James Hansen, Secretary, Musco Sports Lighting, LLC The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid.
Yes No
The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document.
Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda.
File Name
I have reviewed the
below addendum and
attachments (if
applicable)
Pages
Addendum_1_Sports_Lighting_RFP_041123
Mon April 3 2023 04:23 PM 1
Bid Number: RFP 041123 Vendor Name: Musco Sports Lighting, LLC DocuSign Envelope ID: 09C0C94C-5609-4D22-8D12-726BA3F86A50 Item Title: 10.13
Purchase
Order
with
Musco
Sports
Lighting,
LLC
for
the
Purchase
of
Sports
Field
Lighting
for
Hidden
Hills
Park
and
E.L.
Pete
Petersen Park
Item Page Number: 45
Menifee Mayor and City Council
March 18, 2026
Page
237 of 608
CITY OF MENIFEE
SUBJECT: Agreement Amendment with Axon Enterprise, Inc. for Police Department Fleet In-Car Dash Cameras
MEETING DATE: March 18, 2026
TO: Mayor and City Council
PREPARED BY: Christine Booker, Budgets & Grants Analyst REVIEWED BY: David Gutierrez, Acting Police Chief
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Approve and authorize the City Manager to execute Amendment No. 2 increasing the Master Services and Purchasing Agreement with Axon Enterprises, Inc. for Menifee Police Department fleet in-car dash cameras by $170,968.41 for a total not-to-exceed contract amount of $7,167,972.40 through June 30, 2035.
DISCUSSION
The Menifee Police Department (MPD) strives to utilize technology to create a transparent and safe environment for staff and the public. The proposed amendment would allow for an increase to the current supply of in-car dash cameras for the approved replacement vehicles for the fleet by adding an additional six sets which would be installed in the new units.
These in-car dash cameras allow for license plate reading technology as well as dual camera video recording and live feed transmission. By ensuring that there are recordings during critical incidents, these systems provide for a greater level of transparency in interactions between staff and the community. The recordings would also serve as a tool to assist in reporting. The license plate reader feature included with the camera systems would allow officers to respond to calls while simultaneously reading license plates. This provides an average of eight more plate reads than a stationary system, giving the department the tools needed to respond to more stolen vehicles.
Amendment No. 2 to the existing agreement would increase the in-car dash cameras by six sets.
If approved, the proposed amendment would increase the contract value by $170,968.41 ($18,996.49 annually) for a total not-to-exceed $7,167,972.40. The term for this amendment is nine years making it co-terminus with existing contract.
Table 1 on the following page provides a summary of the proposed Amendment No. 2.
Item Title: 10.14
Agreement Amendment with Axon Enterprise, Inc. for Police Department Fleet In-Car Dash Cameras Item Page Number: 1
Menifee Mayor and City Council
March 18, 2026
Page
238 of 608
City of Menifee Staff Report
Axon Am. No2
March 18, 2026