One (1) Y_ N
24-20-6000
REAR HANGING STEP
A hanging type step shall be provided. It shall be constructed of structural steel plate and steel cable hangers with extruded grip strut installed on the stepping surface. The step shall be bolted directly to the chassis step.
Three (3) Y_N.
24-21-2130
FOLDING STEP - DRIVERS SIDE FRONT
There shall be three (3) Innovative Controls black powder coated steps installed.
The steps shall be a spring loaded design with an approx g" by 6" stepping surface and feature a BME logo and an LED light to light up the stepping surface.
The step shall be installed on the front drivers side of the body.
Three (3) Y_ N
24-21-2170
FOLDING STEP -- PASSENGER SIDE FRONT
There shall be three (3) Innovative Controls black powder coated steps installed.
The steps shall be a spring loaded design with an approx 8" by 6" stepping surface and feature a BME logo and an LED light to light up the stepping surface.
The step shall be installed on the front passenger side of the body.
Two (2) Y_N
24-21-2250
FOLDING STEP - PASSENGER SIDE REAR
There shall be two (2) Innovative Controls black powder coated steps installed.
The steps shall be a spring loaded design with an approx 8" by 6" stepping surface and feature a BME logo and an LED light to light up the stepping surface.
The step shall be installed on the rear passenger side of the body. 204 of
Two (2) Y_N
24-26-5300
HANDRAILS
Two (2) knurled type non-slip handrail, approximately 12" in length, shall be vertically installed.
One (1) YN
24-26-5321
HANDRAILS
One (I) knurled type non-slip handrail, approximately 18" in length, shall be horizontally installed.
One (1) Y_N
28-01-1306
WATER TANK CAPACITY
The water tank shall be a poly water tank with a capacity of 300 gallons.
One (1)
28-02-1100
The water tank shall be configured in a rectangular style with consistent widths on the sides from top to bottom.
One (1) YN
28-02-8000
NFPA COMPLIANCE
The water tank construction shall conform to applicable NFPA standards.
One (1) Y_N_
28-08-1300
TANK TO PUMP CONNECTION
A 3" PVC pipe shall be provided on the water tank for connection of the tank to the suction side of the pump with a flexible hump hose assembly. The tank suction valve and hump hose required to complete this connection shall be supplied by the final assembler.
One (1) Y N.
28-09-1300
PUMP TO TANK CONNECTION
A 2" connection shall be provided on the water tank for connection of the discharge side of the pump to the tank for filling purposes. The valves and hose required to complete this connection shall be supplied by the final assembler.
One (1) Y_N.
29-05-1110
CLASS A FOAM TANK SPECIFICATIONS
The Class A foam tank shall have a capacity of 12 gallons.
One (1) Y__N
29-45-1050
A 3/4" PVC fitting shall be provided on the foam tank for connection of the foam tank to the suction side of the foam system.
One (1) Y_N_
29-50-1050
A 3/4" diameter connection, piping, and gate type valve shall be installed for the foam tank for draining purposes.
205 of
One (1) Y_ _N
35-01-1110
ADJUSTABLE UNISTRUT
Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) channels on the left wall and two (2) channels on the right wall. The tracks shall be positioned to provide support for equipment mounting. The length of the tracks shall be sized to allow for optimum use of the compartment interior.
One (1) Y N
35-01-1110
ADJUSTABLE UNISTRUT
Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) channels on the left wall and two (2) channels on the right wall. The tracks shall be positioned to provide support for equipment mounting. The length of the tracks shall be sized to allow for optimum use of the compartment interior.
One (1) Y_N
35-01-1110
ADJUSTABLE UNISTRUT
Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) channels on the left wall and two (2) channels on the right wall. The tracks shall be positioned to provide support for equipment mounting. The length of the tracks shall be sized to allow for optimum use of the compartment interior.
One (1) _N
35-01-1110
ADJUSTABLE UNISTRUT
Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) channels on the left wall and two (2) channels on the right wall. The tracks shall be positioned to provide support for equipment mounting. The length of the tracks shall be sized to allow for optimum use of the compartment interior.
One (1) Y_N_
35-01-1110
ADJUSTABLE UNISTRUT
Adjustable Uni-Strut equipment mounting tracks shall be installed inside the compartment with two (2) channels on the left wall and two (2) channels on the right wall. The tracks shall be positioned to provide support for equipment mounting. The length of the tracks shall be sized to allow for optimum use of the compartment interior.
ne (1 Y_
5-01-111
ADJUSTABLE UNISTRUT
Adjustable Uni-Strut equipment mounting tracks shall be installed inside the mpartment with two (2) channels on the left wall and two (2) channels on th ght wall. The tracks shall be positioned to provide support for equipmer 206 of
mounting. The length of the tracks shall be sized to allow for optimum use of the compartment interior.
One (1)
35-10-0155
ADJUSTABLE SHELE
There shall be (1) adjustable shelf(ves) installed; and the shelf (ves) shall be constructed of 125" thick smooth aluminum plate and be mounted in the specified compartment with double bolt aluminum shelf brackets. The shelf (ves) shall have a broken front edge, and a broken rear edge for added strength and reinforcement.
One (1)
35-10-0155
ADJUSTABLE SHELF
There shall be (1) adjustable shelf ves) installed; and the shelf (ves) shall be constructed of 125" thick smooth aluminum plate and be mounted in the specified compartment with double bolt aluminum shelf brackets. The shelf ves) shall have a broken front edge, and a broken rear edge for added strength and reinforcement.
One (1)
35-10-0155
ADJUSTABLE SHELF
There shall be (1) adjustable shelf(ves) installed; and the shelf (ves) shall be constructed of 125" thick smooth aluminum plate and be mounted in the specified compartment with double bolt aluminum shelf brackets. The shelf(ves) shall have a broken front edge, and a broken rear edge for added strength and reinforcement.
One (1) Y
35-10-0155
ADJUSTABLE SHELF
There shall be (1) adjustable shelf(ves) installed; and the shelf (ves) shall be constructed of 125" thick smooth aluminum plate and be mounted in the specified compartment with double bolt aluminum shelf brackets. The shelf(ves) shall have a broken front edge, and a broken rear edge for added strength and reinforcement.
One (1) Y_N
35-10-0155
ADJUSTABLE SHELF
There shall be (1) adjustable shelf(ves) installed; and the shelf(ves) shall be constructed of 125" thick smooth aluminum plate and be mounted in the specified compartment with double bolt aluminum shelf brackets. The shelf(ves) shall have a broken front edge, and a broken rear edge for added strength and reinforcement.
One (1) YN
35-10-0155
ADJUSTABLE SHELE
There shall be (1) adjustable shelf(ves) installed; and the shelf(ves) shall be constructed of 125" thick smooth aluminum plate and be mounted in the 207 of
specified compartment with double bolt aluminum shelf brackets. The shelf(ves) shall have a broken front edge, and a broken rear edge for added strength and reinforcement.
One (1) Y__N
35-85-0050
COMPARTMENT GRATING
No compartment floor grating shall be provided in specified compartment.
One (1) Y_N
35-85-0050
COMPARTMENT GRATING
No compartment floor grating shall be provided in specified compartment.
One (1) Y__N
35-85-0050
COMPARTMENT GRATING
No compartment floor grating shall be provided in specified compartment.
One (1) Y_ N
35-85-0050
COMPARTMENT GRATING
No compartment floor grating shall be provided in specified compartment.
One (1) Y_ N
35-85-0050
COMPARTMENT GRATING
No compartment floor grating shall be provided in specified compartment.
One (1) Y N
35-85-0050
COMPARTMENT GRATING
No compartment floor grating shall be provided in specified compartment.
One (1) Y_N
35-85-0050
COMPARTMENT GRATING
No compartment floor grating shall be provided in specified compartment.
One (1) Y N
35-85-0055
No shelf grating shall be provided on the specified shelf.
One (1) Y N
35-85-0055
No shelf grating shall be provided on the specified shelf.
One (1) Y_ N
35-85-0055
No shelf grating shall be provided on the specified shelf.
One (1) Y__N_
35-85-0055
No shelf grating shall be provided on the specified shelf.
One (1) Y N_
35-85-0055
No shelf grating shall be provided on the specified shelf.
One (1) Y__N_
35-85-0055
208 of
No shelf grating shall be provided on the specified shelf.
One (1) Y.
40-05-1175
12 VOLT ELECTRICAL SPECIFICATIONS
The following describes the low voltage electrical system on the apparatus including all panels, electrical components, switches and relays, wiring harnesses and other electrical components. The apparatus manufacturer shall conform to the latest Federal DOT standards, current automotive electrical system standards and the applicable requirements of NFPA.
Wiring shall be stranded copper or copper alloy conductors of a gauge rated to carry 125 percent of the maximum current for which the circuit is protected.
Voltage drops shall not exceed 10 percent in all wiring from the power source to the using device. The wiring and wiring harness and insulation shall be in conformance with SAE and NFPA standards. The wiring harness shall conform a loom with a 290 degree Fahrenheit rating. Wiring looms shall be properly supported and attached to body members. Electrical conductors shall be constructed in accordance with applicable SAE standards, except when good engineering practice requires special construction.
All wiring connections and terminations shall provide positive mechanical and electrical connections and be installed in accordance with the device manufacturer's instructions. When wiring passes through metal panels, electrical connections shall be with mechanical type fasteners and rubber/plastic grommets Wiring between the cab and body shall be split using Deutsch type connectors or enclosed in a terminal junction panel allowing body removal with minimal impact on the apparatus electrical system. Connections shall be insulated with heat shrink tubing to resist moisture and foreign debris such as grease and road grime. Weather resistant connectors shall be provided throughout the system.
Electrical junction or terminal boxes shall be weather resistant and located away from water spray conditions. When required, automatic reset breakers and relays shall be housed in the main body junction panel.
There shall be no exposed electrical cabling, harnesses, or terminal connections located in compartments, unless enclosed in an electrical junction box or covered with a removable electrical panel. Wiring shall be secured in place and protected against heat, liquid contaminants and damage and shall be uniquely identified at least every six inches (6") by color coding or permanent marking with a circuit function code and identified on a reference chart or electrical wiring schematic per requirements of applicable NFPA standards.
Low voltage protective devices shall be provided for the electrical circuits. The devices shall be accessible and located in required terminal connection locations or weather resistant enclosures. Over current protection devices shall be automatic reset type suitable for electrical equipment and shall meet SAE standards. All electrical equipment, switches, relays, terminals, and connectors shall have a direct current rating of 125 percent of maximum current for which 209 of
the circuit is protected. Electro-magnetic interference suppression shall be provided in the system as required in applicable SAE standards.
The electrical system shall include the following:
Electrical terminals in weather exposed areas shall have a non-conductive grease or spray applied. All terminal plugs located outside of the cab or body shall be treated with a corrosion preventative compound.
All electrical wiring shall be placed in a protective loom or be harnessed.
Exposed connections shall be protected by heat shrink and or a sealed connector.
Large fender washers shall be used when fastening equipment to the underside of the cab roof and all holes made in the roof shall utilize a weatherproof strain relief.
Electrical components installed in exposed areas shall be mounted in a manner that will not allow moisture to accumulate inside.
A service loop shall be provided behind all electrical appliances to allow them to be pulled away from their mounting area for inspection and service work Upon completion of the vehicle and prior to delivery, the apparatus shall be electrically tested and the electrical testing, certifications, and test results shall be submitted with delivery documentation per the requirements of NFPA.
One (1) Y N
40-05-4800
ELECTRICAL WIRING HARNESS
The electrical system shall be divided into separate harnesses. The individual harnesses shall be connected with Deutsch type quick connectors.
One (1) Y N
40-10-1350
CUSTOM FABRICATED CONSOLE
A custom fabricated electrical console and enclosure shall be located between the driver's and the officer's seating positions. The console shall feature a forward lid section for pump controls (if needed) that is next to the recessed transfer case shifter access. The rear section of the console shall be a single row of havis style plates, with a built in non-removable map box.
One (1) YN_
40-10-1500
CONSOLE MAP BOX
There shall be a map box attached to the rear of the console. The map box shall be painted to match the console.
One (1) Y__ N
40-15-1100
BATTERY SWITCH - MASTER DISCONNECT
A battery disconnect switch controlling the 12-volt power supply from the battery system shall be located conveniently near the driver.
One (1) Y_N
40-15-3075
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BATTERY CHARGER INLET
There shall be a polarized plug wired directly to the chassis starting batteries to be connected to a customer supplied charging source.
One (1) Y__ N
40-25-1375
IDENTIFICATION LIGHTS
LED identification lights shall be installed on the vehicle as required by applicable highway regulations. All lights shall be 3/4" grommet mount type.
One (1) YN.
40-30-1200
LICENSE PLATE BRACKET
A license plate bracket with a Teniq L110 LED light shall be provided at the rear of the apparatus.
One (1) YN
40-31-7210
DOT LIGHTING
There shall be four (4) Truck-Lite brand 60 series lights mounted in the provided cutouts in the rear bumper. The lights shall function as the Stop, tail, and turn signals. The lights shall also have back-up lights integrated into the housing. The lights shall be mounted using screws.
Two (2) Y_N
41-25-1305
FRONT BUMPER - GROUND LIGHTS
There shall be two (2) Teeniq E10, LED ground lights) installed under the front bumper.
Four (4) Y_N_
41-25-2510
CAB GROUND LIGHTS
There shall be four (4) Teenig E10, LED ground lights installed under the cab door(s).
Two (2) Y_ N
41-25-5255
GROUND LIGHTS - UNDER REAR STEP
There shall be two (2) Teeniq E10, LED ground lights installed under the rear step area.
Two (2) Y_N_
41-25-5360
The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).
Four (4) Y_N_
41-25-5360
The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).
Wo (2 YN
11-25-5360
The ground lights shall be activated when parking brake is set, or the transmission is placed into park (where applicable).
211 of
Two (2) Y_N_
41-36-5300
PIONEER FLOOD/SPOT SURFACE MOUNT LIGHTHEAD
Two (2) Y_N_
41-40-7510
The specified Whelen M4 lights shall be equipped with chrome plastic flange type light bezel mountings.
Two (2) YN
41-40-7510
The specified Whelen M4 lights shall be equipped with chrome plastic flange type light bezel mountings.
Two (2) Y_N
41-40-7510
The specified Whelen M4 lights shall be equipped with chrome plastic flange type light bezel mountings.
One (1) Y__N.
41-45-0010
COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical Code 3 800 series lights installed.
One (1) Y__N
41-45-0010
COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical Code 3 800 series lights installed.
One (1) Y_N
41-45-0010
COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical Code 3 800 series lights installed
One (1) Y_
41-45-0010
COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical Code 3 800 series lights installed.
One (1) Y_ N
41-45-0010
COMPARTMENT LIGHTING
The specified compartment shall have two (2) vertical Code 3 800 series lights installed.
One (1) Y__N
41-45-0010
COMPARTMENT LIGHTING
212 of
The specified compartment shall have two (2) vertical Code 3 800 series lights installed.
Four (4) Y_N.
41-45-3205
COMPARTMENT LIGHTING
The specified compartment shall have four (4) Teeniq E10 lights installed within it.
One (1) Y N
41-46-2005
DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.
One (1) Y_N
41-46-2005
DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.
One (1) Y_ N
41-46-2005
DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.
One (1) Y__N.
41-46-2005
DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.
One (1) Y__N_
41-46-2005
DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.
One (1) Y_N.
41-46-2005
DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.
One (1) Y_N
41-46-2005
DOOR AJAR SENSOR
The Specified door(s) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.
One (1) Y_N
41-46-2005
DOOR AJAR SENSOR
213 of
The Specified doors) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.
Three (3) Y__N
41-46-2005
DOOR AJAR SENSOR
The Specified doors) shall feature a magnetic proximity switch to indicate when the compartment door is ajar.
One (1) Y_N_
41-46-2100
DOOR OPEN WARNING LIGHT
A door open warning light shall be installed on cab dash. The light shall be a flashing LED light with a red lens. The light shall include a label, "Do Not Move Apparatus When Light is ON".
One (1) Y_ N
41-46-2400
"DOOR OPEN" AND EQUIPMENT OPERATION ALARM
A buzzer or alarm shall be installed in cab to indicate "doors open" or equipment operation on the apparatus. The buzzer shall operate when parking brake is released.
One (1) Y__N.
42-10-2015
RADIO ANTENNA INSTALLATION
There shall be one (1) radio antenna installed on the apparatus and routed to the cab center console.
One (1) Y_N_
43-10-1110
BACK UP ALARM
One (1) solid state back up alarm shall be provided at the rear of the apparatus.
The back up alarm shall be wired to the reverse circuit of the transmission, and shall provide an audible alarm to the rear of the apparatus when reverse gear is selected. The alarm shall have a volume of 87 to 112 db while in operation.
One (1) Y_N_
43-10-2600
CHASSIS SUPPLIED BACK UP CAMERA INSTALLATION
The chassis shall be ordered with a back up camera. The camera shall be installed by the apparatus manufacturer. The exact location shall be determined at the pre- One (1) Y_N
43-10-2699
One (1) Y_N
44-05-1291
ELECTRONIC SIREN
Whelen CenCom Core C399 shall be installed. The following features shall be included
One (1) Y_ N_
44-05-1302
214 of
WHELEN CORE CONTROL HEAD
There shall be a Whelen model CCTL6 control head supplied with the Cencom Core system. It features a 3 section control head, with 8 push buttons, 4- position slide switch with a 7 position rotary knob. A manual siren and air horn button, and 3 traffic advisor control buttons.
One (1) Y_N.
44-05-1322
WHELEN CORE WECANX TRAFFIC ADVISOR MODULE
There shall be a Whelen model CTA Traffic Advisor module interfaced with the Cencom Core system.
One (1) Y_N
44-09-1500
SIREN SPEAKER
One (1) Whelen Model #SA315P siren speaker shall be provided. The 100 watt siren speaker shall be designed in a black nylon composite housing with 123 decibel rating.
One (1) Y_ N
45-05-2035
ZONE A FRONT UPPER -- LIGHTBAR
One (1) Whelen Cenator series light bar shall be installed on the apparatus, the light bar shall be 54" long. The lightbar shall feature six (6) forward facing red/white lights. The light bar shall also feature two (2) forward facing take-down LED lights and two (2) LED alley lights.
One (1) YN.
45-40-1215
ZONE A - LOWER FRONT WARNING LIGHTS
Two (2) Whelen M-Series model# M4D warning lights shall be installed in the lower front area of the cab. The warning lights shall feature a split dual color red/white combo.
One (1) Y_N.
45-45-1255
ZONE B AND D- FRONT INTERSECTION WARNING LIGHTS
Two (2) Whelen M4 Series Model # M4V2R combination 180° warning/perimeter light shall be provided.
One (1) Y N
45-55-1255
ZONE BAND D LOWER MID BODY WARNING LIGHTS
Two (2) Whelen M4 Series Model # M4V2R combination 180° warning/perimeter light shall be provided.
One (1) Y_N_
45-75-1705
ZONE C - UPPER REAR WARNING LIGHTS
Two (2) Whelen ION series lights, model TLIR shall provided.
One (1) Y_N
215 of
45-80-1705
ZONE C - LOWER REAR WARNING LIGHTS
Two (2) Whelen ION series lights, model TLIR shall provided.
One (1) Y_ N
46-05-1640
TRAFFIC ADVISOR
A Whelen Traffic Advisor™M model # TAM65 shall be provided. The traffic advisor shall incorporate a rectangular extruded black powder coated aluminum chassis with six amber TIRG™ Super-LED® lights with waterproof connectors.
One (1) Y_N
60-05-1811
FRONT MOUNTED ELECTRIC WINCH
A Warn Winch Company 16,500 pound capacity, 12-volt electric winch system shall be installed on the front of the apparatus. It shall have forward and reverse gears, a three stage planetary gearing and a sliding ring gear clutch that will permit free-spooling for quick unwinding of cable.
The winch shall be controlled with a push button device attached to a twelve foot (12) control cable and weatherproof receptacle. The winch shall include 90' of 7/16" steel cable.
One (1) _N
80-10-1410
BODY PAINTING SPECIFICATIONS
All exposed surfaces shall be prepared and painted using a multi-step process to ensure a blemish-free, protective coating for the base metal materials.
All removable items, such as brackets and compartment doors, shall be removed and painted separately to insure finish paint behind them after they are reinstalled.
Due to its modular design, the apparatus body shall be completely finish painted prior to its installation on the chassis.
The body shall be sanded, and cleaned. Any imperfections or defects in the metal shall be corrected with premium body filler and then sanded smooth.
An epoxy primer shall be utilized on all painted and coated surfaces and shall prepare the metal for the final paint. The direct-to-metal primer shall be used to create a first level seal allowing secure adhesion between the base metal and the subsequent substrates.
All body and components shall then be primed, thoroughly sanded, and meticulously inspected for any imperfections; which shall be properly corrected..
All surfaces shall then be painted with a base coat of premium paint following the guidelines as established by the paint manufacturer. The body shall be painted using a single color to match the cab primary color, and then shall be buffed to a high gloss finish.
216 of
One (1) Y_ N
80-21-2305
INTERIOR COMPARTMENT FINISH
The interior wall, floor and ceiling surfaces of compartments shall be finished with Rust-Oleum brand Multispec color flecked paint.
One (1) Y_N
80-21-2320
The specified compartments) shall be coated with Black/Black colored Multi- Spee paint.
One (1) Y N
80-21-2326
The specified compartments) shall be coated with Gray Stone colored Multi- Spee paint.
One (1) Y_ N
80-60-1000
TOUCH-UP PAINT
Touch-up paint shall be furnished with the completed truck at final delivery.
One (1) Y_N_
81-15-1521
Specified part shall include Red and White DOT approved reflective striping.
Five (5) Y_N
81-15-1521
Specified part shall include Red and White DOT approved reflective striping.
Two (2) Y_N
81-15-1521
Specified part shall include Red and White DOT approved reflective striping.
One (1) Y_N
81-15-1521
Specified part shall include Red and White DOT approved reflective striping.
One (1) Y_N
81-15-1521
Specified part shall include Red and White DOT approved reflective striping.
One (1) Y_N_
81-15-1521
Specified part shall include Red and White DOT approved reflective striping.
One (1) Y_N
81-15-1521
Specified part shall include Red and White DOT approved reflective striping.
One (1) Y_N
81-15-1521
Specified part shall include Red and White DOT approved reflective striping.
One (1) Y N
81-15-1521
Specified part shall include Red and White DOT approved reflective striping.
One (1) Y_N
81-15-1605
The BME plaque shall feature white reflective material on the outside of the Maltese cross and red reflective material in the middle.
Five (5) Y_N.
81-20-2505
COMPARTMENT DOOR EDGE STRIPING
The hinged compartment doors shall have reflective striping applied on the edges. The stripe shall be a 1-1/2" minimum in width.
217 of
Two (2) Y_N_
81-20-2505
COMPARTMENT DOOR EDGE STRIPING
The hinged compartment doors shall have reflective striping applied on the edges. The stripe shall be a 1-1/2" minimum in width.
Y_ N
The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.
Y__N_
he compartment shelf and or shelves shall have reflective striping added to th utside lip. The stripe shall be a 1-1/2" minimum in width One (1)
81-20-2510
The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.
One (1 YN
31-20-2510
The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.
Y_N
81-20-2510
The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.
One (1) Y_ N
81-20-2510
The compartment shelf and or shelves shall have reflective striping added to the outside lip. The stripe shall be a 1-1/2" minimum in width.
One (1) Y_N.
81-20-6000
STRIPING PACKAGE- SINGLE 4" STRIPE
There shall be a single 4" reflective stripe installed one on each side of the apparatus. The stripe is limited to single color only.
One (1) Y_N
90-07-0005
SUCTION HOSE
There shall be NO suction hose supplied on the apparatus.
One (1) Y_ N_
90-07-4715
HARD SUCTION HOSE STORAGE
There shall be storage to accommodate two (2) 8' sections of 2.5" hard suction and one 7 sections of 2.5 hard suctions with barrel strainer located above the pump operators panel. The compartment shall feature a drop down door with a thumb latch.
One (1) Y_N_
90-09-1100
WHEEL CHOCKS
218 of
Two (2) Zico Model AC-1, aluminum wheel chocks shall be provided on the apparatus.
One (1) Y_N
90-10-1110
5# DRY CHEMICAL FIRE EXTINGUISHER
One (1) 5# ABC dry chemical fire extinguisher and mounting bracket shall be provided on the apparatus. The extinguisher shall have a pressure gauge and shall be filled with a dry chemical extinguishing agent.
One (1) Y_N.
90-40-4100
HYDRAULIC JACK
One (I) hydraulie jack shall be provided. The jack shall be designed for lifting capacity of twelve (12) tons.
One (1) Y N
90-40-4500
LUG WRENCH
There shall be one (1) lug wrench provided and shipped loose with the completed apparatus.
One (1) Y_N_
90-42-1200
REFLECTOR
A set of three (3) triangular reflectors shall be provided. 219 of
CALIFORNIA AB134/AB1550 VEHICLE REPLACEMENT
AGREEMENT NUMBER
INVESTMENTS 01-004-2024
cop and Trade
Dollars at Work
AGREEMENT BETWEEN
EASTERN KERN AIR POLLUTION CONTROL DISTRICI AND
CITY OF CALIFORNIA CITY
THIS AGREEMENT is made and entered into this 11th day of January 2024, by and between the EASTERN KERN AIR POLLUTION CONTROL DISTRICT ("DISTRICT"), and CITY OF CALIFORNIA CITY, as represented by the California City Fire Department ('GRANTEE"). DISTRICT and GRANTEE are referred to individually as "Party" and collectively as "Parties."
WITNESSETH:
WHEREAS:
(a) The California Clean Air Act encourages local air pollution control districts to reduce emissions from motor vehicles and heavy duty engines and the State Implementation Plan (SIP), California's plan to attain ambient air quality standards, includes motor vehicle and heavy duty engine emission reduction goals;
(b) Community Air Protection (CAP) funds as authorized under Assembly Bill (AB) 134 support early actions to reduce emissions and improve community health in communities with high burdens of cumulative pollutant exposure, consistent with the goals of AB 617 (Chapter 254, Statutes of 2017);
(c) The DISTRICT Board of Directors adopted Resolutions to accept CAP funds and administer them to eligible projects;
(d) The DISTRICT is required to select projects for CAP funding in a manner that emphasizes localized reductions of criteria and toxic emissions that will provide immediate or near-term emission reductions in disadvantaged or low-income communities as defined in SB 535 (Chapter 830, Statutes of 2012) and AB 1550 (Chapter 369, Statutes of 2016); CAP funded projects must be administered through the 2017 Carl Moyer Memorial Air Quality Standards Attainment Program (CMP) Guidelines, which includes replacing older diesel-fueled emergency equipment;
(f) CAP funds and CMP funds can be combined to award eligible projects; (g) GRANTEE has proposed a project that meets the eligibility criteria, and has been recommended for funding by DISTRICT staff; and
(h) GRANTEE represents that it is willing and able to perform the activities set forth herein.
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NOW, THEREFORE, IT IS AGREED between the Parties as follows:
1. Proiect. GRANTEE shall perform all activities necessary to complete the project described in Exhibit A, which is attached hereto and incorporated herein by this reference.
GRANTEE agrees to furnish all labor, materials, equipment, licenses, permits, fees, and other incidentals necessary to perform and complete, on schedule and in a professional manner, the activities described herein.
The purpose of this project is to reduce emissions from an older high-emitting diesel fueled fire engine through vehicle replacement. To achieve this purpose, GRANTEE agrees to replace an existing 1999, diesel-fueled, Segrave, TD40DA Maurader Fire Engine with a 2024 or newer lower-emitting diesel-fueled fire engine having a gross vehicle weight rating (GVWR) of greater than 35,000-Ibs and maintain it for the duration of the Agreement.
GRANTEE is prohibited from removing the new vehicle from service during the term of this Agreement specified in Section 6, Term, unless the vehicle becomes inoperable through failure of components or systems, and these failures cannot be repaired, and such failure is not caused by GRANTEE's negligence, misuse, or malfeasance. ni Period of Performance/Timetable. GRANTEE shall commence performance of work and diligently prosecute said work in accordance with the project implementation schedule and deadlines for performance indicated in Exhibit A, unless this Agreement is terminated sooner as provided for elsewhere in this Agreement.
3. Payments.
a. The total obligation of the DISTRICT under this Agreement shall not exceed one hundred fifty three thousand two hundred eleven dollars ($153,211). GRANTEE shall, if necessary, obtain through other sources sufficient additional monies to fund the total cost of the project as outlined in Exhibit A. Upon request by DISTRICT, satisfactory written evidence of such funding commitments shall be provided to DISTRICT prior to the release by DISTRICT of any funds under this Agreement. In the event funding from other sources for the total cost of the project is not received by GRANTEE, DISTRICT reserves the right to terminate or renegotiate this Agreement. In that event, if requested by the DISTRICT, GRANTEE shall return any DISTRICT funds previously paid to GRANTEE. b. Advanced payments shall not be permitted. Payments will be permitted only at such time as equivalent activities have been satisfactorily rendered. Claims and all supporting documentation shall be submitted directly to DISTRICT.
C. All invoices for payment shall be submitted in a form approved by the DISTRICT and shall contain a detailed description of the work completed for which payment is being requested, including all proper documentation and receipts of expenses incurred.
Payment will be made to GRANTEE within thirty (30) days of receipt and approval of each invoice by the DISTRICT.
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The amount to be paid to GRANTEE under this Agreement includes all sales and use taxes incurred pursuant to this Agreement, if any, including any such taxes due on equipment purchased by the GRANTEE. The GRANTEE shall not receive additional compensation for reimbursement of such taxes and shall not decrease work to compensate therefore.
e. Concurrently with the submission of any claim for payment, GRANTEE shall certify (through copies of invoices, issued checks, receipts, etc.) that complete payment has been made to any and all suppliers, sub-contractors or consultants who have provided materials or performed work for which payment is being requested by GRANTEE. It is understood that all costs and expenses incidental to GRANTEE's performance of services under this Agreement shall be borne exclusively by GRANTEE. f. Any compensation which is not expended by GRANTEE pursuant to the terms and conditions of this Agreement by the project completion date shall automatically revert to the DISTRICT. Only expenditures incurred by the GRANTEE in the direct performance of this Agreement will be reimbursed by the DISTRICT. Only allowable expenditures, as determined in the sole discretion of the DISTRICT, will be reimbursed by the DISTRICT. All final claims shall be submitted by GRANTEE within sixty (60) days following the final month of activities for which payment is claimed. No action will be taken by DISTRICT on claims submitted beyond the 60-day closeout period.
4. Inspection. Audit, and Record Retention. GRANTEE shall retain project records and allow DISTRICT, GARB, or their designated representative to inspect the project as provided in Exhibit A attached hereto, during the entire contract term as specified in Section 6, Term, of this Agreement.
Project records shall include, but not be limited to, a resolution from the school district governing board (or a duly authorized official with authority to make financial decisions) authorizing the submittal of the application and identifying the individual authorized to implement the vehicle replacement project, vendor quote(s), executed contracts), copy of the purchase order for the new replacement vehicle, copy of the CARB certification executive order for the engine of the new replacement vehicle in the purchase order, invoices, proof of payment, copy of the registration for the new replacement vehicle, and documentation of the disposal of the replaced (old) vehicle.
Records of replaced vehicle shall include: Copy of the Inspection Approval Certificate (CHP form 292, if applicable) and copy of the registration. To document the GVWR for any vehicle that is to be replaced, a photograph of the vehicle's data tag must be taken and retained in the file. The photograph must be legible and preferably in electronic format.
Documentation of replaced vehicle disposal must include: A copy of the Department of Motor Vehicles Dismantlers Notice of Acquisition/Report of Vehicle to be Dismantled (REG 42); and a letter signed and dated by a representative of the entity that dismantled the vehicle. The letter must state that the vehicle and engine were dismantled in accordance with the definition of "dismantle" as stated in Section 5, Disposal of Replaced Vehicle, of this Agreement. In addition, the letter must include the following information for the dismantled vehicle: Vehicle Identification Number, the method used to dismantle the non-engine portion of the vehicle, and 222 of
the date the non-engine portion of the vehicle was dismantled; and the engine serial number, the method used to dismantle the engine, and the date the engine was dismantled.
5. Disposal of Replaced Vehicle, GRANTEE shall dismantle the (old) replaced vehicle within 60 days of receipt of the (new) replacement vehicle. Dismantle means "to punch, crush, stamp, hammer, shred, or otherwise render permanently and irreversibly incapable of functioning as originally intended, any vehicle or vehicle part." GRANTEE shall obtain and retain dismantle documentation for the replaced vehicle in accordance with Section 4, Inspection, Audit, and Record Retention, of this Agreement.
6. Term. This Agreement shall be deemed in force as of the date first written above.
The Agreement shall remain in effect until GRANTEE has operated the new vehicle for fourteen (14) consecutive years and has maintained records for an additional two (2) years per Section 4, Inspection, Audit, and Record Retention.
7. Assignment. GRANTEE shall not assign, sublet, or transfer this Agreement, or any part hereof. GRANTEE shall not assign any monies due or which become due to GRANTEE under this Agreement without the prior express and written approval by the DISTRICT.
Negation of Partnership. In performance of all services under this Agreement, GRANTEE shall be, and acknowledges that GRANTEE is, in fact and law, an independent contractor and not an agent or employee of DISTRICT. GRANTEE has and retains the right to exercise full supervision and control of the manner and methods by which GRANTEE shall perform its work under this Agreement. GRANTEE retains full supervision and control over the employment, direction, compensation and discharge of all persons assisting GRANTEE in the performance of work hereunder. However, DISTRICT shall retain the right to administer this Agreement so as to verify that GRANTEE is performing its obligations in accordance with the terms and conditions thereof. With respect to GRANTEE employees, if any, GRANTEE shall be solely responsible for payment of wages, benefits and other compensation, compliance with all occupational safety, welfare, and civil rights laws, tax withholding and payment of employee taxes, whether federal, state, or local, and compliance with any and all other laws regulating employment.
9. Disclosure Statement. The GRANTEE certifies that no other requests for grant or incentive funding for the project, described in Exhibit A of this Agreement, have been submitted or will be submitted to any other party, including but not limited to vehicle dealers, vehicle manufacturers, other air districts, the CARS, or any other government agency. If the GRANTEE or any other third party designee is found to have submitted multiple applications or signed multiple agreements for this project without disclosing the information to the DISTRICT, the DISTRICT will pursue at least one or more of the following actions:
a. The GRANTEE may be disqualified from all DISTRICT funding sources for this project; and
b. The GRANTEE may be banned from submitting future applications to any and all LESBP, AB 923, CMP, or AB134/AB1550 solicitations; and 223 of
The DISTRICT may seek civil penalties against the GRANTEE for such C.
conduct.
Indemnification. GRANTEE agrees to indemnify, defend, and hold harmless DISTRICT and DISTRICT's agents, Board members, elected and appointed officials and officers, employees, volunteers, and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, reasonable attorneys' fees of County Counsel and counsel retained by DISTRICT, expert fees, costs of staff time, and investigation costs) of whatever kind or nature that arise out of or are in any way connected with any act or omission of GRANTEE or GRANTEE's officers, agents, employees, independent contractors, sub- contractors of any tier, or authorized representatives. Without limiting the generality of the foregoing, the same shall include injury or death to any person or persons; damage to any property, regardless of where located, including the property of DISTRICT; and any workers' compensation claim or suit arising from or connected with any services performed pursuant to this Agreement on behalf of GRANTEE by any person or entity.
11. Insurance. GRANTEE, in order to protect DISTRICT and its Board members, officials, agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of GRANTEE actions in connection with the performance of GRANTEE obligations, as required in this Agreement, shall secure and maintain insurance as described below. GRANTEE shall not perform any work under this Agreement until GRANTEE has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the DISTRICT. GRANTEE shall immediately pay any deductibles and self-insured retentions under all required insurance policies upon submission of any claim by GRANTEE or DISTRICT as an additional insured.
a. During the performance of all work described in Exhibit A, GRANTEE shall maintain, or require that all subcontractors hired by GRANTEE to perform work on the project maintain, the following insurance coverages:
(1) Workers' Compensation Insurance in accordance with the provisions of section 3700 of the Labor Code.
GRANTEE shall require any subcontractors to provide workers' compensation for all of the subcontractors' employees, unless the subcontractors' employees are covered by the insurance afforded by GRANTEE. If any class of employees engaged in work or services performed under this Agreement is not covered by California Labor Code section 3700, GRANTEE shall provide and/or require each subcontractor to provide adequate insurance for the coverage of employees not otherwise covered.
GRANTEE shall also maintain employer's liability insurance with limits of one million dollars ($1,000,000) for bodily injury or disease.
(2) Commercial General Liability Insurance, including, but not limited to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this Agreement), Personal Injury (including bodily injury and death), and Property Damage for 224 of
(3) liability arising out of the GRANTEE's performance of work under this Agreement. The
amount of said insurance coverage required by this Agreement shall be the policy limits, which shall be at least one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.
(4) Automobile Liability Insurance against claims of Personal Injury (including bodily injury and death and Property Damage covering the vehicle to be purchased under this Agreement, with coverage equal to the policy limits, which shall not be less than one million dollars ($1,000,000) each occurrence.
The Commercial General Liability and Automobile Liability Insurance required in this subparagraph a. shall include an endorsement naming the DISTRICT and DISTRICT's Board members, officials, officers, agents and employees as additional insureds for liability arising out of this Agreement and any operations related thereto. Said endorsement shall be provided using one of the following three options: (i) on ISO form CG 20 10 11 85; or (ii) on ISO form CG 20 37 10 01 plus either ISO form CG 20 10 10 01 or CG 20 33 10 01; or (iii) on such other forms which provide coverage at least equal to or better than form CG 20 10 11 85.
(6) Any self-insured retentions in excess of $100,000 must be declared on the Certificate of Insurance or other documentation provided to DISTRICT and must be approved by the APCO for DISTRICT.
b. Prior to GRANTEE's commencing any of its obligations under this Agreement, evidence of insurance in compliance with the requirements above shall be furnished to the DISTRICT by Certificate of Insurance. Receipt of evidence of insurance that does not comply with above requirements shall not constitute a waiver of the insurance requirements set forth above.
Cancellation of Insurance -All insurance coverages required under this Agreement shall be maintained until the completion of all work to be performed hereunder, and shall not be suspended, voided, cancelled, or reduced in coverage or in limits except after ten (10) days' written notice by GRANTEE in the case of non-payment of premiums, or thirty (30) days' written notice in all other cases. GRANTEE (and any subcontractors hired by GRANTEE) shall immediately obtain replacement coverage for any insurance policy that is terminated, canceled, non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that issued the policy.
d. All insurance shall be issued by a company or companies listed in the current "Best's Key Rating Guide" publication with a minimum of an "A-; VIl" rating, or in special circumstances, be pre-approved by the DISTRICT.
e. If GRANTEE is, or becomes during the term of this Agreement, self-insured or a member of a self-insurance pool, GRANTEE shall provide coverage equivalent to the insurance coverages and endorsements required above. The DISTRICT will not accept such coverage unless the DISTRICT determines, in its sole discretion and by written acceptance, that the coverage proposed to be provided by GRANTEE is equivalent to the above-required coverages.
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f. All insurance afforded by GRANTEE, and any subcontractors hired by GRANTEE, pursuant to this Agreement shall be primary to and not contributing to any other insurance or self-insurance maintained by DISTRICT. An endorsement shall be provided on all policies which shall waive any right of recovery (waiver of subrogation) against the DISTRICT. A waiver of subrogation is only required when GRANTEE's personnel deliver services or perform services for DISTRICT while on DISTRICT property. g. Insurance coverages in the minimum amounts set forth herein shall not be construed to relieve GRANTEE for any liability, whether within, outside, or in excess of such coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor shall it preclude the DISTRICT from taking such other actions as are available to it under any other provision of this Agreement or otherwise in law. h. Failure by GRANTEE or any subcontractors hired by GRANTEE to maintain all such insurance in effect at all times required by this Agreement shall be a material breach of this Agreement by GRANTEE. DISTRICT, at its sole option, may terminate this Agreement and obtain damages from GRANTEE resulting from said breach. Alternatively, DISTRICT may purchase such required insurance coverage, and without further notice to GRANTEE, DISTRICT shall deduct from sums due to GRANTEE any premiums and associated costs advanced or paid by DISTRICT for such insurance. If the balance of monies obligated to GRANTEE pursuant to this Agreement is insufficient to reimburse DISTRICT for the premiums and any associated costs, GRANTEE agrees to reimburse DISTRICT for the premiums and pay for all costs associated with the purchase of said insurance. Any failure by DISTRICT to take this alternative action shall not relieve GRANTEE of its obligation to obtain and maintain the insurance coverages required by this Agreement.
12. Termination,
a. Breach of Agreement - The DISTRICT may immediately suspend or terminate this Agreement, in whole or in part, where in the determination of the DISTRICT, CONTRACTOR has:
(1) Illegally or improperly used funds;
(2) Failed to comply with any term of this Agreement;
(3) Submitted to the DISTRICT a substantially incorrect or incomplete report; or
(4) Improperly performed services.
In no event shall any payment by the DISTRICT constitute a waiver by the DISTRICT of any breach of this Agreement or any default, which may then exist on the part of the GRANTEE.
Neither shall such payment impair or prejudice any remedy available to the DISTRICT with respect to the breach or default. The DISTRICT shall have the right to demand of the GRANTEE the repayment to the DISTRICT of any funds disbursed to the GRANTEE under this Agreement which in the judgment of the DISTRICT were not expended in accordance with the terms of this Agreement. The GRANTEE shall promptly refund any such funds upon demand.
In addition to immediate suspension or termination, DISTRICT may impose any other remedies available at law, in equity, or otherwise specified in this Agreement. 226 of
b. Without Cause - DISTRICT may terminate this Agreement at any time upon giving GRANTEE at least thirty (30) days' advance written notice of its intention to terminate.
In such case, the GRANTEE shall, subject to Section 3, be paid for all actual costs incurred up to the time of the termination.
C. Early Termination - Provisions of this Agreement may be terminated prior to completion of the term if vehicle becomes inoperable through mechanical failure of components or systems directly related to the use of the vehicle, and such failure is not caused by GRANTEE's negligence, misuse, or malfeasance. GRANTEE shall submit written documentation supporting any basis for early termination for the approval of DISTRICT. d. Reimbursement for Early Termination - GRANTEE is obligated to maintain and operate the vehicle for fourteen (14) consecutive years. Should GRANTEE desire to terminate this Agreement prior to the end date for reasons other than those stated in subparagraph c. above, GRANTEE shall reimburse DISTRICT for a prorated share of the funds provided under this Agreement.
e. The prorated share for which GRANTEE shall be liable, shall be 100% if the termination occurs within the first year of the fourteen (14) year period; 93% if termination occurs between years one (1) and two (2); 86% between years two (2) and three (3); 79% between years three (3) and four (4); 71% between years (4) and (5), 64% between years (5) and (6), 57% between years (6) and (7), 50% between years (7) and (8), 43% between years (8) and (9), 36% between years (9) and (10), 29% between years (10) and (11), 22% between years (11) and (12), 15% between years (12) and (13), and 7% between years (13) and (14). The reimbursable amount shall be paid to DISTRICT within sixty (60) days of the termination date.
13. Notices. All notices required or provided for in this Agreement shall be provided to the Parties at the following addresses, by personal delivery or deposit in the U.S. Mail, postage prepaid, registered or certified mail, addressed as specified below. Notices delivered personally shall be deemed received upon receipt; mailed or expressed notices shall be deemed received five (5) days after deposit. A Party may change the address to which notice is to be given by giving notice as provided above.
To DISTRICT To GRANTEE
Glen E. Stephens Jeremy Kosick Fire
Air Pollution Control Officer Chief
Eastern Kern Air Pollution Control Dist. 2700M City of California City 20890 Street, Suite 302 Hacienda Blvd California City, CA
Bakersfield, CA 93301 93505
Nothing in this Agreement shall be construed to prevent or render ineffective delivery of notices required or permitted under this Agreement by personal service. 227 of
14. Conflict of Interest. The Parties to this Agreement have read and are aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflict of interest of public officers and employees. GRANTEE agrees that they are unaware of any financial or economic interest of any public officer or employee of the DISTRICT relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the DISTRICT may immediately terminate this Agreement by giving written notice thereof. GRANTEE shall comply with the requirements of Government Code section 87100 et seq. during the term of this Agreement.
15. Sole Agreement. This document contains the entire agreement of the Parties relating to the services, rights, obligations, and covenants contained herein and assumed by the Parties respectively. No inducements, representations, or promises have been made, other than those recited in this Agreement. No oral promise, modification, change, or inducement shall be effective or given any force or effect.
16. Authority to Bind DISTRIC. It is understood that GRANTEE, in GRANTEE's performance of any and all duties under this Agreement, except as otherwise provided in this Agreement, has no authority to bind DISTRICT to any agreements or undertakings.
17. Modifications of Agreement. This Agreement may be modified in writing only, signed by the Parties in interest at the time of the modification.
18. Nonwaiver. No covenant or condition of this Agreement can be waived except by the written consent of DISTRICT. Forbearance or indulgence by DISTRICT in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by GRANTEE. DISTRICT shall be entitled to invoke any remedy available to DISTRICT under this Agreement or by law or in equity despite said forbearance or indulgence.
19. Choice of LawNenue. The Parties hereto agree that the provisions of this Agreement will be construed pursuant to the laws of the State of California. This Agreement has been entered into and is to be performed in the County of Kern. Accordingly, the Parties agree that the venue of any action relating to this Agreement shall be in the County of Kern.
20. Confidentiality. GRANTEE shall not, without the written consent of the DISTRICT, communicate confidential information, designated in writing or identified in this Agreement as such, to any third party and shall protect such information from inadvertent disclosure to any third party in the same manner that they protect their own confidential information, unless such disclosure is required in response to a validly issued subpoena or other process of law.
The provisions of this paragraph shall survive the termination of this Agreement.
21. Enforcement of Remedies. No right or remedy herein conferred on or reserved to DISTRICT is exclusive of any other right or remedy herein or by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise, and may be enforced concurrently or from time to time.
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22. Severability. Should any part, term, portion, or provision of this Agreement be decided finally to be in conflict with any law of the United States or the State of California, or otherwise be unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement that the Parties intended to enter into in the first instance.
23. Compliance with Law. GRANTEE shall observe and comply with all applicable local, state, and federal laws, ordinances, rules, and regulations now in effect or hereafter enacted, each of which are hereby made a part hereof and incorporated herein by reference.
24. Captions and Interpretation. Paragraph headings in this Agreement are used solely for convenience, and shall be wholly disregarded in the construction of this Agreement. No provisions of this Agreement shall be interpreted for or against a Party because that Party or its legal representative drafted such provision, and this Agreement shall be construed as if jointly prepared by the Parties.
25. Time of Essence. Time is hereby expressly declared to be of the essence of this Agreement and of each and every provision hereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Agreement.
26. Counterparts. This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
27. Nondiscrimination. Neither GRANTEE, nor any officer, agent, employee, servant, or subcontractor of GRANTEE, shall discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, or sex, either directly, indirectly, or through contractual or other arrangements.
28. Non-Collusion Covenant. GRANTEE represents and agrees that it has in no way entered into any contingent fee arrangement with any firm or person concerning the obtaining of this Agreement with DISTRICT. GRANTEE has received from DISTRICT no incentive or special payments, nor considerations not related to the provision of services under this Agreement.
29. Political Activity and Lobbying Prohibited. None of the funds, materials, property, or services provided under this Agreement shall be used for any political activity, or to further the election or defeat of any candidate for public office contrary to federal or state laws, statutes, regulations, rules, or guidelines. In addition, none of the funds provided under this Agreement shall be used for publicity, lobbying, or propaganda purposes designed to support or defeat legislation before the Congress of the United States of America or the Legislature of the State of California.
30. No Third Party Rights. Other than as expressly set forth herein, this Agreement will not be deemed to provide third parties with any remedy, claim, right of action, or other right. 229 of
31. Compliance with IRCA, GRANTEE acknowledges that GRANTEE, and all subcontractors hired by GRANTEE to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act (IRCA). GRANTEE is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by GRANTEE to perform services under this Agreement are in compliance with IRCA. In addition, GRANTEE agrees to indemnify, defend, and hold harmless DISTRICT, its agents, officers, and employees, from any liability, damages, or causes of action arising out of or relating to any claims that GRANTEE's employees, or the employees of any subcontractor hired by GRANTEE, are not authorized to work in the United States for GRANTEE or its subcontractor and/or any other claims based upon alleged IRCA violations committed by GRANTEE or GRANTEE's subcontractors).
32. Signature Authority. Each Party has full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement.
IN WITNESS TO WHICH, each Party to this Agreement has signed this Agreement upon the date indicated, and agrees, for itself, its employees, officers, partners, and successors, to be fully bound by all terms and conditions of this Agreement.
EASTERN KERN AIR POLLUTION CITY OF CALIFORNIA CITY
CONTROL DISTRICT
Une Pen 1/25/24
By. By
Chairman, Di trict Board "DISTRICT" Martin Pinon Interim City Manager "GRANTEE"
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Air Pollution Control District California City Fire Department By Of Wat By
Glen E Stephens, PE., APCO Jeremy Kosick, Fire Chief
APPROVED AS TO FORM: APPROVED AS TO FORM:
Office of the County Counsel Agency Attorney
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EXHIBIT A
AGREEMENT No. 01-004-2024
Proiect Location: City of California City Fire Station, 20890 Hacienda Blvd, California City, CA 93505
Description of Proiect: DISTRICT will provide AB134/AB1550 CAP funds to replace a 1999, Segrave, TD40DA Maurader, Fire Engine, VIN 1F9EN28T8XCST2035, with a 2024 or newer State Compliant lower emission Pierce, PUC Arrow XT, Fire Engine having a gross vehicle weight rating of 48,500 pounds.
Project Implementation Schedule: Old vehicle shall be replaced and new vehicle shall be operational by January 11, 2026.
Allowable Expenditure: DISTRICT will pay a maximum of $153,211.00 in eligible grant funds of the estimated total project cost of $850,000.00 associated with replacing the 1999, International vehicle as identified in the Description of Project above.
GRANTEE is responsible for any project costs exceeding the maximum DISTRICT costs specified above.
Equipment and Recordkeeping Requirements:
1. Notification of DISTRICT upon receipt of new vehicle.
2. Replaced (old) vehicle must be dismantled within 60 days of receipt of new vehicle.
3. Inspection to verify operation of new vehicle and destruction of old vehicle.
4. New vehicle must be maintained and operated for at least fourteen (14) consecutive years.
5. Records in accordance with Section 4, Inspection, Audit, and Record Retention of this Agreement must be retained and made available upon DISTRICT request for at least sixteen (16) years.
Right of passage to DISTRICT personnel for periodic (minimum annually) inspections. 232