AGENDA
KINGSBURG CITY COUNCIL
REGULAR MEETING
Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559) 897-5821 www.cityofkingsburg-ca.gov
Wednesday, August 7, 2024 at 6pm
Invocation to be given by Pastor Ricky Chambers, Kingsburg Community Church, followed by the Pledge of Allegiance led by Mayor Brandon Pursell, Jr.
6 P.M. REGULAR SESSION MEETING:
1. Call to Order and Roll Call
2. Approve Agenda: Action by the Council to approve the agenda or to make modifications. Items that can be added to the agenda is constrained by State law.
3. Presentations:
Kingsburg Business Improvement District Presentation- Chairperson Leslie Carpenter
4. Public Comments: This is the time for any citizen to come forward and address the City Council on any issue within its jurisdiction that is not listed on the Agenda. A maximum of five (5) minutes is allowed for each speaker.
5. Consent Calendar: Items considered routine in nature are to be placed on the Consent Calendar.
They will be considered as one item and voted upon in one vote unless individual consideration is requested. Each vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Approval of the Consent Calendar items include recitals reading ordinance(s) by titles(s) only and adoption of recommended action(s) contained in Staff Reports.
5.1 Approval of City Council Minutes: Approve the minutes from the July 17, 2024 Regular Council Meeting as prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk’s Office
5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period July 9, 2024 through July 29, 2024 as prepared by Accounts Payable Clerk Marsha Alves.
City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
Phone (559)897-5821 Fax (559)897-5568
Mayor Brandon Pursell, Jr.
Mayor Pro Tem Vince Palomar
Council Member Laura North
Council Member Staci Smith
Council Member David M. Silva
City Manager Alexander J. Henderson
Kingsburg City Council Agenda
August 7, 2024
Sponsor: Finance Department
5.3 Authorize a sole-source purchase and waive formal bidding for the purchase of a Smeal fire engine from Fire Apparatus Solutions and all related equipment not to exceed $950,000. - Staff Report prepared by Fire Chief John Binaski Sponsor: Fire Department
5.4 Approve the Fire Department Contracts between DHCS and City of Kingsburg and authorize the city manager or fire chief to sign the attached agreements- Staff Report prepared by Fire Chief John Binaski
Sponsor: Fire Department
5.5 Authorize a sole-source purchase and waive formal bidding for the purchase of a Freightliner Ambulance from Excellence, Inc. in the amount of $360,443.24 - Staff Report prepared by Fire Chief John Binaski
Sponsor: Fire Department
5.6 Waive the second reading and adopt Ordinance 2024-03 Amending, In Its Entirety, Chapter 6.04 Of Title 6 Of The Kingsburg Municipal Code Pertaining To Dogs And Other Animals with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KINGSBURG AMENDING, IN ITS ENTIRETY, CHAPTER 6.04 OF TITLE 6
OF THE KINGSBURG MUNICIPAL CODE PERTAINING TO DOGS AND
OTHER ANIMALS.”
Staff Report prepared by Assistant City Manager Christina Windover Sponsor: Assistant City Manager’s Office
5.7 Designate Mayor Brandon Pursell, Jr. as the Voting Delegate of the 2023 Annual League of California Cities Conference, Mayor Pro-Tem Vince Palomar as the first Voting Delegate – Alternate and Council Member David M. Silva as the second Voting Delegate-Alternate. – Memo by the League of California Cities Sponsor: City Clerk’s Office
5.8 Approve the Cancellation of the October 16, 2024 Regular City Council Meeting– Staff Report by City Manager Alexander Henderson.
Sponsor: City Manager’s Office
5.9 Accept the Treasurer’s Report from April 30, 2024 to June 30, 2024.- Staff Report by Finance Director Alma Colado
Sponsor: Finance Department
5.10 Accept the public infrastructure and off-site electrical improvements of Tract 6167, and authorize the release of security bonds and authorize the City Engineer to file Kingsburg City Council Agenda
August 7, 2024
the Notice of Completion with the Fresno County Clerk. - Staff Report prepared by City Engineer David Peters
Sponsor: Engineering Department
5.11 Adopt Resolution No. 2024-035–Amended and Restated--Resolution of the City Council of the City of Kingsburg, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2017-1 (Public Services District) Authorizing the Levy of a Special Tax for Fiscal Year 2024-2025 Staff Report by City Manager Alexander Henderson.
Sponsor: City Manager’s Office
6. Regular Calendar
6.1 PUBLIC HEARING- Local Roadway Safety Plan- Staff Report Prepared by City Engineer David Peters
Sponsor: Engineering Department
Possible Action(s):
a. Open Public Hearing
b. Presentation by City Engineer David Peters
c. Council Discussion
d. Open Public Comment
e. Close Public Comment
f. Continued Council Discussion
g. Close Public Hearing
h. Adopt the Local Roadway Safety Plan
6.2 Micro-Grant Application Consideration – Business Improvement District - Staff Report prepared by City Manager Alexander Henderson
Sponsor: City Manager’s Department
Possible Action(s):
a. Presentation by City Manager Alexander Henderson
b. Public Comment
c. Council Discussion
d. Action As Deemed Necessary
6.3 Kingsburg Senior Center Hot Meal Program 2024-2025 - Staff Report prepared by Community Services Director Adam Castaneda
Sponsor: Community Services Department
Possible Action(s):
a. Presentation by Community Services Director Adam Castaneda b. Public Comment
c. Council Discussion
d. Action As Deemed Necessary
7. Council Reports and Staff Communications
7.1 Community Services Commission
7.2 Public Safety Committee
7.3 Chamber of Commerce
7.4 Economic Development
7.5 Finance Committee
Kingsburg City Council Agenda
August 7, 2024
7.6 Planning Commission
7.7 South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA)
7.8 Downtown Business Improvement District
7.9 Council of Governments
7.10 Council Member Reports
7.11 City Manager’s Report
8. Future Agenda Items: None.
These items will be added to a future agenda with a motion from Council and majority voice vote.
9. The Kingsburg City Council adjourns out of the Regular Calendar into Closed Session:
9.1 CONFERENCE WITH LABOR NEGOTIATORS
California Government Code Section 54957.6
City Designated Representative: Alexander Henderson
Employee Organization: Kingsburg Professional Firefighters Association (KPFA)
10. Adjourn out of Close Session into Regular Kingsburg City Council Meeting and report out of Closed Session.
11. Adjourn Regular Kingsburg City Council Meeting.
Any writings or documents provided to a majority of the Governing Body regarding any item on this agenda will be made available for public inspection at City Hall, in the City Clerk’s office, during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.cityofkingsburg-ca.gov.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (559) 897-6520. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II].
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting. Dated this 12th day of July 2024.
____________________________________
Abigail Palsgaard, City Clerk
KINGSBURG CITY COUNCIL
REGULAR MEETING MINUTES
Wednesday July 17, 2024
1401 Draper Street, Kingsburg, CA 93631
Invocation was given by Council Member Laura North, followed by the Pledge of Allegiance led by Mayor Brandon Pursell, Jr.
Call to Order and Roll Call: Mayor Pursell, Jr. called the regular meeting of the Kingsburg City Council to order at 6:02 PM.
Council Members Present: David Silva, Vince Palomar, Laura North, Staci Smith and Mayor Brandon Pursell Jr.
Council Member Absent: None.
Approve Agenda: A motion was made by Council Member Palomar, seconded by Council Member Silva, to approve the agenda, as published. The motion carried by a unanimous voice vote.
Presentations: None.
Public Comments:
Chris Peterson, resident, commented on how hard it is to hear council members speaking on the microphone. Asked for them to lean into the microphone to better hear.
Leslie Carpenter, resident, BID Chairperson, will report at the next meeting on the achievements and struggles of the BID. They will also be discussing new trash cans in the downtown area.
Consent Calendar: A motion was made by Council Member Smith, seconded by Council Member Palomar, to approve the items appearing on the Consent Calendar. The motion carried by a unanimous voice vote.
5.1 Approval of City Council Minutes: Approve the minutes from the June 19, 2024, Regular Council Meeting as prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk’s Office
5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period June 11, 2024, through July 8, 2024, as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
5.3 Staff recommends the adoption of Resolution 2024-037, adopting the Fresno County Regional Active Transportation Plan. - Staff Report prepared by City Engineer David Peters
5.4 Staff recommends the adoption of Resolution 2024-038, adopting the negative declaration for the Fresno County Regional Active Transportation - Staff Report prepared by City Engineer David Peters
Sponsor: Engineering Department
Kingsburg City Council Minutes
July 17, 2024
5.5 Authorization for the City Manager to execute Amendment No. 1 for the Community Development Block Grant (CDBG) Original Project Agreement for Kingsburg Mariposa Street Reconstruction; Project No. 22391 and transmit the document to the County of Fresno for consideration by the Board of Supervisors - Staff Report prepared by City Engineer David Peters
Sponsor: Engineering Department
5.6 Adopt Resolution No. 2024-039 to submit the Local Transportation Purposes Certifications and Claim Forms to FCTA for the City of Kingsburg to collect its share of Measure “C” for fiscal year 2023-2024 and authorize the Finance Director to sign the Local Transportation Pass Through Revenue Certifications and Claim Forms. - Staff Report prepared Finance Director Alma Colado Sponsor: Finance Department
5.7 Waive the first reading and Introduce Ordinance 2024-03 Amending, In Its Entirety, Chapter 6.04 Of Title 6 Of the Kingsburg Municipal Code Pertaining To Dogs And Other Animals and pass the Ordinance to a second reading and adoption at the City Council meeting on August 7, 2024, with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
KINGSBURG AMENDING, IN ITS ENTIRETY, CHAPTER 6.04 OF TITLE 6
OF THE KINGSBURG MUNICIPAL CODE PERTAINING TO DOGS AND
OTHER ANIMALS.”
Staff Report prepared by Assistant City Manager Christina Windover Sponsor: Assistant City Manager’s Office
Regular Calendar
PUBLIC HEARING CONTINUED FROM 6/19/2024- CONSIDERATION OF GENERAL PLAN AMENDMENT 2024-01 PERTAINING TO CITY OF KINGSBURG HOUSING ELEMENT AND ACCOMPANYING CEQA DETERMINATION- Staff Report Prepared by Community Development Director Holly Owen
Sponsor: Community Development Director Holly Owen
Mayor Pursell, Jr. opened the Public Hearing at 6:08PM.
Community Development Director Holly Owen continued the conversation regarding the Kingsburg City Housing development and accompanying CEQA determination. Director Owens reviewed the steps and work put into the Housing Element up until this point and came back with the revisions that were deemed necessary in the last meeting. The vacant sites in question were reevaluated, as a result of these revaluations, the consultant for this project reexamined the project and made additional additions and clarifications. Director Owens listed the additional revisions to the Kingsburg Housing Element. If City Council adopts the Housing Element, we can submit the Housing Element to HCD to formal certification. The HCD will have 90 days to certify the Housing Element.
Council Discussion: None.
Kingsburg City Council Minutes
July 17, 2024
Mayor Pursell, Jr. opened the Public Comment at 6:17 pm.
No Comments.
Mayor Pursell, Jr. closed the Public Comment at 6:17 pm.
Continued Council Discussion: 6:17 pm.
Mayor Pursell, Jr. closed the Public Hearing at 6:17pm.
A motion was made by Council Member Palomar, seconded by Council Member Silva, to Adopt Resolution 2024-032 approving the CEQA determination, an Addendum to the City of Kingsburg General Plan EIR for the 2023-2031 Housing Element Update; and approving of the General Plan Amendment 2024-01, amending the City’s General Plan by inclusion of the 2023-2031 Housing Element, as required by State law. The motion carried by a unanimous voice vote.
Transit Oriented Development Phase -1 Project Contract Award- Staff Report prepared by City Engineer David Peters
Sponsor: City Engineer’s Department
City Engineer Dave Peters told Council they completed the designs for the Transit Oriented Development Phase – 1. The project consisted of constructing bike lanes on draper street, curb extensions on Lewis between 4 intersections. The two add alternates came in more expensive than expected and staff does not recommend awarding them.
A motion was made by Council Member North, seconded by Council Member Smith to award the TOD Phase-1 to Don Berry Construction, Inc in the amount of $522,520.00. The motion passed with a voice vote of 4 yes, and Council Member Palomar voting no.
City Engineer’s Project Progress Report- Report by City Engineer Dave Peters Sponsor: City Engineer’s Office
City Engineer Dave Peters gave a general update, highlighting the high points of the packet. Tried to pursue funding to reconstruct the Smith Street parking lot improvements, unsuccessful but working on submitting another grant. Working on getting a grant to pay for electric chargers for cars at this location as well.
Our street projects, 15th 16th, and 17th, are going well. Waterline work is completed, currently working on curb and pavement. Successful meeting with the Dog Park contractor to negotiate BID items to get under our budget. Dog Park work will begin this month. City Wide Park, we are waiting on the materials, will begin mid-August. Senior center kitchen remodel is ongoing, hoping to complete it by September. Working with the health department on that project.
Development projects were reviewed such as Kings Estate Phase 5 is moving forward, a site plan review for Sinclair Gas Station, and a meeting with the SOHO apartments. Will be presenting a local road safety pan at the next meeting.
Council Member North asked what El Portillo is in the business park. Engineer Peters clarified it is a distribution center for a Western Wear. Council Member Palomar asked about the roundabout at Lincoln. Engineer Peters clarified that we got the grant, but it will be years in the making. Council Kingsburg City Council Minutes
July 17, 2024
Member Palomar also asked about curbs and sidewalks to make them accessible. Engineer Peters explained we identify each corner that needs the slopes, and we fix a couple a year. Council Member Silva asked about the handicap spots on Draper. Engineer Peters we are keeping them where they are, and we are upgrading them to the standards. Mayor Pursell Jr. asked when the projected completion date is for the painted bike lanes. Engineer Peters said probably by September.
Crime Statistics Report for April – June 2024 and General Police Department Update - Crime Statistics Report prepared by Kingsburg Police Department Records Supervisor Corina Padilla.
Sponsor: Police Department
Police Chief Neil Dadian gave his quarterly update. Gave an update on cases, employment, training, body worn cameras, tasers, new technology.
Council Reports and Staff Communications
Community Services Commission – The discussed the dog park and an inclusive playground.
Public Safety Committee - Have not met.
Chamber of Commerce –The Swedish festival posted a profit, which was good. The 3rd of July event had positive profits but could use volunteers for next year.
Economic Development – Have not met.
Finance Committee - Have not met.
Planning Commission - Have not met.
South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA) - Have not met.
Downtown Business Improvement District – met
Council of Governments- Have not met.
Council Member Reports – Council Member Silva mentioned the chamber mixer at Magosh Brewing, nice event. Council Member Palomar commented on the food. Mentioned the 7/3/24 fireworks show was a good show. Good job Chamber. Council Member North reminded everyone the Kingsburg Olympics is still going on, it has been a successful event.
City Manager’s Report - Joint meeting on August 8, 2024, meeting with the Planning Commission for a general plan update.
Future Agenda Items: None.
Mayor Pursell Jr. adjourned the Regular Kingsburg City Council Meeting into Closed session at 6:56 PM.
Kingsburg City Council Minutes
July 17, 2024
9.1 CONFERENCE WITH LABOR NEGOTIATORS
California Government Code Section 54957.6
City Designated Representative: Alexander Henderson
Employee Organization: Kingsburg Professional Firefighters Association (KPFA)
Mayor Pursell Jr. adjourned out of Close Session into Regular Kingsburg City Council Meeting at 7:33 PM.
Attorney Michael Noland – Nothing to report.
Mayor Pursell Jr. adjourned the Regular Kingsburg City Council Meeting at 7:34 PM.
Submitted by:
____________________________________
Abigail Palsgaard, City Clerk
Accounts Payable
User:
Printed:
marshaa
8/2/2024 11:13 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
85852 4307 AT & T MOBILITY 07/09/2024
287290402185x06 ME MDT/Body Cam 724.32
287290402185x06 ACT MDT/Body Cam 80.48
287290402185x06 SRO H MDT/Body Cam 80.48
287290402185x06 SRO E MDT/Body Cam 80.48
287290402185x06 GF MDT/Body Cam 1,207.20
287299577602x06 SRO H Cell 45.03
287299577602x06 SRO E Cell 45.03
287299577602x06 ACT Cell 45.03
287299577602x06 ME Cell 490.78
287299577602x06 GF Cell 715.69
Total for Check Number 85852: 3,514.52
85853 3029 AT&T CALNET 3 07/09/2024
21949294 MN phone svc charges 6/2/24-7/1/24 Acct. 897-6558 Fax 36.51 21949296 MN phone svc charges 6/2/24-7/1/24 Acct. 897-2265 39.88 21949296 MN phone svc charges 6/2/24-7/1/24 Acct. 897-8942 28.09 21949296 MN phone svc charges 6/2/24-7/1/24 Acct. 897-6561 37.54 Total for Check Number 85853: 142.02
85854 4225 BILL'S AUTO OF KINGSBURG, INC. 07/09/2024
61395 Ford F-150 Oil Change 84.81
61409 Ford F-250 Oil Change 223.29
Total for Check Number 85854: 308.10
85855 4988 BLUE SHIELD OF CA CORPORATE RECOVERY DEPT 07/09/2024 7/2/2024 Overpymt for Amb servies. J. Padilla 8/19/23 #24072B100006045533 508.00 Total for Check Number 85855: 508.00
85856 4875 BOUND TREE MEDICAL LLC 07/09/2024
85390967 Medical Supplies 6/21/24 82.81
85392720 Medical Supplies 6/24/24 53.26
Total for Check Number 85856: 136.07
85857 4821 BRADY INDUSTRIES 07/09/2024
8980982 Janitorial Supplies 68.18
Total for Check Number 85857: 68.18
85858 4952 CAL-OSHA PENALTIES 07/09/2024
July 1, 2024 City of Kingsburg Citation/Resolution Inspection #1647073 1,350.00 Total for Check Number 85858: 1,350.00
85859 4429 CANON FINANCIAL SERVICES, INC 07/09/2024
32912897 Contract charge (June) 601.90
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
32912897 Maintenance & Service (June) 114.42
32912897 Contract meter usage (May) 150.71
33147691 copier fire admin svs for 5/1/24-5/30/24 58.41 33147691 contract charge 6/1-6/31 252.08
33193721R PW copier 4-1-2024 to 6-30-2024 95.11
Total for Check Number 85859: 1,272.63
85860 3831 ADAM CASTANEDA 07/09/2024
July 2024 Mn Cell Phone Reimb July 2024 75.00
Total for Check Number 85860: 75.00
85861 3918 CINTAS 07/09/2024
June 2024 Uniforms-MN Public Works 6/1/24-6/30/24 69.56 June 2024 Uniforms-MN Public Works 6/1/24-6/30/24 63.12 June 2024 Uniforms-MN Public Works 6/1/24-6/30/24 767.71 June 2024 Uniforms-MN Public Works 6/1/24-6/30/24 474.68 June 2024 Uniforms-MN Public Works 6/1/24-6/30/24 70.93 Total for Check Number 85861: 1,446.00
85862 3822 ALMA COLADO 07/09/2024
July 2024 Mn Cell Phone Reimb July 2024 75.00
Total for Check Number 85862: 75.00
85863 3558 COUNTY OF FRESNO, Oscar J. Garcia, CPA07/09/2024 7/3/2024 LAFCO Dues FY 2024-2025 5,604.92
Total for Check Number 85863: 5,604.92
85864 5002 DATA TICKET, INC 07/09/2024
166712 Citation Processing services (May) 205.00
Total for Check Number 85864: 205.00
85865 3144 DEPARTMENT OF CONSERVATION 07/09/2024
4/1-6/30/24 SMI and Seismic Hazard Mapping Fee 4/1-6/30/2024 1,290.75 Total for Check Number 85865: 1,290.75
85866 4615 EMERALD TEXTILES SERVICES 07/09/2024
EFRE-00158281 linen svs 6/9/24-6/15/24 252.58
EFRE-00159877 linen svs 6/16/24-6/22/24 269.30
EFRE-00161024 linen svs 6/23/24-6/30/24 252.58
Total for Check Number 85866: 774.46
85867 3577 FAMILY HEALING CENTER 07/09/2024
309 Yearly stipend for MDIC interviews 1,000.00
Total for Check Number 85867: 1,000.00
85868 5005 FIRESTATS, LLC. 07/09/2024
2024085 6/28/24 Inv 2024085 Start up tasks and foundational work for Fir 9,800.00 Total for Check Number 85868: 9,800.00
85869 3188 FRESNO COUNTY SHERIFF 07/09/2024
SO21678 KPD Case 24-4428 Massaglia 567.20
SO216895 Swedish Festival Agreement 1,072.12
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
SO21827 Dispatch Contract Services ( July) 17,528.57
SO21827 RMS/JMS Access Fees (July) 150.10
Total for Check Number 85869: 19,317.99
85870 4866 FRONTLINE PUBLIC SAFETY SOLUTIONS07/09/2024
FL44256 Community Policing Connect 525.00
Total for Check Number 85870: 525.00
85871 3994 GUARDIAN 07/09/2024
7/1-7/31/2024 Monthly Ins Premium 7/2024 VSP Vision 1,036.39 7/1-7/31/2024 Monthly Ins Premium 7/2024 Life-Employee 210.90 7/1-7/31/2024 Monthly Ins Premium 7/2024 Vol Ins. Plans 1,460.14 7/1-7/31/2024 Monthly Ins Premium 7/2024 Vol Life Ins. 1,440.08 7/1-7/31/2024 Monthly Ins Premium 7/2024 Ameritas-Dental 6,027.96 Total for Check Number 85871: 10,175.47
85872 3222 HENRY SCHEIN, INC. 07/09/2024
95353627 Medical Supplies 6/17/24 165.20
95354028 Medical Supplies 24.86
95919549 Medical Supplies 6/20/24 80.90
96098604 Medical Supplies 6/24/24 40.22
96388867 Medical Supplies 6/25/24 132.52
96417551 Medical Supplies 6/25/24 19.64
Total for Check Number 85872: 463.34
85873 3999 IRON MOUNTAIN 07/09/2024
JNNJ801 Shred Services 5/29-6/25 102.53
Total for Check Number 85873: 102.53
85874 3242 JOE SAUBERT INC. 07/09/2024
52639 Pool Woman Bathroom Repair 65.04
Total for Check Number 85874: 65.04
85875 3329 JOLENE POLYACK MARKETING 07/09/2024
3266 Econ Dev. June 2024 3,300.00
Total for Check Number 85875: 3,300.00
85876 3249 KAISER FOUNDATION HEALTH PLAN INC07/09/2024
Aug 2024 Med Ins Premium 2024 4,882.10
Total for Check Number 85876: 4,882.10
85877 3253 KINGSBURG CHAMBER OF COMMERCE07/09/2024
July 2024 Mn Cell Phone Reimb July 2024 2,500.00
Total for Check Number 85877: 2,500.00
85878 3625 KINGSBURG MEDIA FOUNDATION 07/09/2024
CWM11805 Computer supplies, H Owen 68.65
CWM11807 Service Agreement July 2024 94.09
CWM11807 Service Agreement July 2024 663.16
CWM11807 Service Agreement July 2024 147.20
CWM11807 Service Agreement July 2024 747.24
CWM11807 Service Agreement July 2024 165.79
CWM11807 Service Agreement July 2024 115.00
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
CWM11807 Service Agreement July 2024 75.00
CWM11807 Service Agreement July 2024 400.00
CWM11807 Service Agreement July 2024 115.00
CWM11807 Service Agreement July 2024 13.91
CWM11807 Service Agreement July 2024 270.08
CWM11807 Service Agreement July 2024 298.10
CWM11807 Service Agreement July 2024 520.33
CWM11807 Service Agreement July 2024 325.00
CWM11807 Service Agreement July 2024 27.41
CWM11807 Service Agreement July 2024 130.77
CWM11807 Service Agreement July 2024 69.55
CWM11807 Service Agreement July 2024 208.33
CWM11807 Service Agreement July 2024 899.04
CWM11807 Service Agreement July 2024 115.00
CWM11835 Phones July 2024 3.40
CWM11835 Phones July 2024 215.81
CWM11835 Phones July 2024 23.00
CWM11835 Phones July 2024 120.83
CWM11835 Phones July 2024 181.69
CWM11835 Phones July 2024 60.00
CWM11835 Phones July 2024 62.08
CWM11835 Phones July 2024 114.81
CWM11835 Phones July 2024 35.77
CWM11835 Phones July 2024 48.50
CWM11835 Phones July 2024 48.50
CWM11835 Phones July 2024 48.50
CWM11835 Phones July 2024 6.70
CWM11835 Phones July 2024 245.91
CWM11835 Phones July 2024 17.00
CWM11835 Phones July 2024 29.06
CWM11835 Phones July 2024 125.94
CWM11835 Phones July 2024 112.50
CWM11835 Phones July 2024 240.00
CWM11836 Internet July 2024 20.00
CWM11836 Internet July 2024 19.80
CWM11836 Internet July 2024 50.75
CWM11836 Internet July 2024 76.56
CWM11836 Internet July 2024 211.54
CWM11836 Internet July 2024 50.23
CWM11836 Internet July 2024 10.05
CWM11836 Internet July 2024 67.95
CWM11836 Internet July 2024 30.77
CWM11836 Internet July 2024 162.50
CWM11836 Internet July 2024 213.83
CWM11836 Internet July 2024 20.00
CWM11836 Internet July 2024 25.60
CWM11836 Internet July 2024 37.50
CWM11836 Internet July 2024 20.00
CWM11836 Internet July 2024 171.09
CWM11836 Internet July 2024 189.47
CWM11836 Internet July 2024 47.36
CWM11837 E-mail July 2024 9.81
CWM11837 E-mail July 2024 98.80
CWM11837 E-mail July 2024 89.00
CWM11837 E-mail July 2024 24.88
CWM11837 E-mail July 2024 134.31
CWM11837 E-mail July 2024 188.60
CWM11837 E-mail July 2024 4.98
CWM11837 E-mail July 2024 74.75
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
CWM11837 E-mail July 2024 42.10
CWM11837 E-mail July 2024 32.15
CWM11837 E-mail July 2024 76.67
CWM11837 E-mail July 2024 5.29
CWM11837 E-mail July 2024 42.10
CWM11837 E-mail July 2024 42.10
CWM11837 E-mail July 2024 53.89
CWM11837 E-mail July 2024 318.32
CWM11837 E-mail July 2024 33.66
CWM11837 E-mail July 2024 79.57
CWM11837 E-mail July 2024 17.25
CWM11837 E-mail July 2024 0.77
Total for Check Number 85878: 10,002.65
85879 3267 KULOW BROS. 07/09/2024
8832 Business cards (500) Binaski 65.52
8848 Kingsburg Envelopes 539.07
Total for Check Number 85879: 604.59
85880 3275 LIEBERT, CASSIDY, WHITMORE 07/09/2024
268449 PD Legal May 2024 620.50
268449 LCW General Legal May 2024 1,588.50
Total for Check Number 85880: 2,209.00
85881 3277 LINCOLN AQUATICS 07/09/2024
Q2027334 Chlorine Well #16 654.94
Q2027335 Chlorine Well #14 866.90
Q2027336 Chlorine Well #13 612.55
Q2027337 Chlorine Well #10 612.55
Total for Check Number 85881: 2,746.94
85882 5003 MARSHALL, RICHARD 07/09/2024
07/02/2024 Overpayment for ambulance services 9/27/2023 200.00 Total for Check Number 85882: 200.00
85883 4329 MCI COMM SERVICES 07/09/2024
June 2024 Acct/ #7DL61514 Fax Long Dist Only June 2024 34.99 Total for Check Number 85883: 34.99
85884 3518 METRO UNIFORM 07/09/2024
281140 Replace Uniform boots (torn)- Cazarez 300.00
281793 Replace Uniform boots (torn)- Ortiz 300.00
Total for Check Number 85884: 600.00
85885 3466 NAPA AUTO PARTS 07/09/2024
674772 Trailer Pins 2.55
674861 Corner lights 75.18
675413 Mower-Pump filter 78.47
675446 Spark-Plug mower 7.24
Total for Check Number 85885: 163.44
85886 4849 NAPA AUTO PARTS 07/09/2024
1185-888479 Gold Cabin Filters 256.46
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 85886: 256.46
85887 3307 NELSON'S ACE HARDWARE-SELMA 07/09/2024
150373 Smartflo Contrhose3 53.93
June 2024 Hardware Supplies June 2024 26.33
June 2024 Hardware Supplies June 2024 297.15
June 2024 Hardware Supplies June 2024 16.59
June 2024 Hardware Supplies June 2024 86.46
June 2024 Hardware Supplies June 2024 24.40
June 2024 Hardware Supplies June 2024 76.13
June 2024 Hardware Supplies June 2024 401.37
Total for Check Number 85887: 982.36
85888 UB*00073 SILVIA NUNEZ 07/09/2024
Refund Check 010199-000, 969 SILVERBROOKE ST 64.32
Refund Check 010199-000, 969 SILVERBROOKE ST 7.98
Refund Check 010199-000, 969 SILVERBROOKE ST 0.76
Refund Check 010199-000, 969 SILVERBROOKE ST 1.03
Total for Check Number 85888: 74.09
85889 4583 CIERA ORTIZ 07/09/2024
06/27/2024 Columbia Southern University-Tuition Reimb 124.32 06/27/2024 Columbia Southern University-Tuition Reimb 319.68 Total for Check Number 85889: 444.00
85890 3611 HOLLY OWEN 07/09/2024
July 2024 Mn Cell Phone Reimb July 2024 75.00
Total for Check Number 85890: 75.00
85891 3315 P G & E 07/09/2024
06/24/2024 Electricity 4/20/2024- 05/20/2024 7543447781-8 987.52 6/13/2024 #2 Electricity 5/16/2024- 06/13/2024 7502184272-1 4,756.91 6/13/2024 #2 Electricity 5/16/2024- 06/13/2024 7502184272-1 4,756.91 6/15/2024 Electricity 3/29/2024-4/26/2024 7543447781-8 31.96 Total for Check Number 85891: 10,533.30
85892 4885 PACIFIC SHREDDING 07/09/2024
5216388 City Hall paper shredding services June 2024 50.40 5216388 City Hall paper shredding services June 2024 50.40 Total for Check Number 85892: 100.80
85893 3450 ABIGAIL PALSGAARD 07/09/2024
July 2024 MN Cell Phone Allowance July 2024 75.00
Total for Check Number 85893: 75.00
85894 3337 PROVOST & PRITCHARD 07/09/2024
110812 General Plan update 35,760.00
Total for Check Number 85894: 35,760.00
85895 5000 SANTA ROSA JR COLLEGE DISTRICT 07/09/2024
AR24-01814 AJ 390 Field Training Officer (Castellanos) 86.00 Total for Check Number 85895: 86.00
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
85896 3369 SILVAS OIL COMPANY, INC. 07/09/2024
192301CT Ambulance Fuel 933.67
192301CT Measure E Fuel 933.67
192301CT Fire Fuel 933.67
192620CT PW & CH Gas Card Chrgs 616-6/30/2024 572.54
192620CT PW & CH Gas Card Chrgs 616-6/30/2024 42.45
192620CT PW & CH Gas Card Chrgs 616-6/30/2024 135.51
192620CT PW & CH Gas Card Chrgs 616-6/30/2024 85.94
192620CT PW & CH Gas Card Chrgs 616-6/30/2024 110.54
192620CT PW & CH Gas Card Chrgs 616-6/30/2024 135.34
192620CT PW & CH Gas Card Chrgs 616-6/30/2024 19.51
192620CT PW & CH Gas Card Chrgs 616-6/30/2024 42.45
192621CT ACT Fuel 253.78
192621CT SRO H Fuel 140.97
192621CT GF Fuel 1,457.93
192621CT SRO E Fuel 193.41
192621CT ME Fuel 1,426.24
Total for Check Number 85896: 7,417.62
85897 4262 SILVERFOX ELECTRIC, INC. 07/09/2024
3104 Senior Center Electrical 1,385.00
3171 Well #14 Trouble Shoot 100.00
Total for Check Number 85897: 1,485.00
85898 4075 SPRINGBROOK NATIONAL USER GROUP07/09/2024
INV-013017 2024/2025 Annual Subscription Renewal 9,115.81 INV-013017 2024/2025 Annual Subscription Renewal 9,115.82 INV-013017 2024/2025 Annual Subscription Renewal 9,115.81 Total for Check Number 85898: 27,347.44
85899 3378 STAPLES ADVANTAGE 07/09/2024
6005776534 Janitorial Supplies 129.88
6005776536 Office/Kitchen Supplies 408.84
6005776537 Janitorial Supplies 251.20
6005776541 Office Supplies Stn 1 6/30/24 123.00
6005776543 Office Supplies Stn 1 6/30/24 71.62
6005776544 Janitorial Supplies 302.99
7001226165 Office Supplies Stn 1 6/30/24 96.97
Total for Check Number 85899: 1,384.50
85900 3380 STATE OF CALIFORNIA-D O J 07/09/2024
743953 Blood Alcohol Analysis (May 2024) 35.00
Total for Check Number 85900: 35.00
85901 4827 SWEEPING CORP OF AMERICA LLC 07/09/2024
2023-006006 Credit for Invoice #2023-006006 -2,250.00
2024-005931 Streets, Medians, and Sub-divisons June 2024 3,000.00 2024-005931 Subdivison Kamm & S. Academy June 2024 325.00 2024-005931 Subdivision 16th & Kern June 2024 650.00
2024-005931 Kings Crossing June 2024 250.00
2024-005931 Air Sweep for the month of June 2024 14,950.00 Total for Check Number 85901: 16,925.00
85902 3612 TARGETSOLUTIONS LEARNING 07/09/2024
94971 6/30/24 inv 94971 Vector Check It Modules Fire/EMS, Apparatus mo 2,178.75 AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
94971 6/30/24 inv 94971 Vector Check It Modules Fire/EMS, Apparatus mo 2,178.75 Total for Check Number 85902: 4,357.50
85903 4788 TOWNSEND PUBLIC AFFAIRS INC. 07/09/2024
21828 Consulting services for the month of July 2024 6,500.00 Total for Check Number 85903: 6,500.00
85904 4338 UNITEDHEALTHCARE 07/09/2024
7/2/2024 Overpymnt for amb services:A. Herrera 11/18/2023 2023225171-KI-1 300.95 Total for Check Number 85904: 300.95
85905 3416 VERIZONWIRELESS 07/09/2024
9966691983 Wireless bill for fire/ambulance May 16-June 15,24 1,072.12 996691982 Cellular Svc. 5/16-6/15/2024 104.62
996691982 Cellular Svc. 5/16-6/15/2024 20.78
996691982 Cellular Svc. 5/16-6/15/2024 26.04
996691982 Cellular Svc. 5/16-6/15/2024 95.30
996691982 Cellular Svc. 5/16-6/15/2024 78.80
996691982 Cellular Svc. 5/16-6/15/2024 20.42
996691982 Cellular Svc. 5/16-6/15/2024 52.13
996691982 Cellular Svc. 5/16-6/15/2024 25.05
996691982 Cellular Svc. 5/16-6/15/2024 97.81
Total for Check Number 85905: 1,593.07
85906 3419 VIKING CLEANING SERVICE 07/09/2024
July 2024 Janitorial Services July 2024 3,641.40
Total for Check Number 85906: 3,641.40
85907 3493 VILLAGE TIRE SALES INC 07/09/2024
22429 Tire dismount/mount, tire disposal fee,tire balance 917.48 Total for Check Number 85907: 917.48
85908 3421 VINCENT COMMUNICATIONS, INC. 07/09/2024
88331 Car Battery Diconnect/Tech Labor 275.10
88407 USB programming cable BKR5000 135.44
Total for Check Number 85908: 410.54
85909 3469 WECO SUPPLY CO., INC. 07/09/2024
973798 PW Cy Rental 32.40
Total for Check Number 85909: 32.40
85910 4463 WHITE CAP 07/09/2024
50027126527 Hydration Packs- for Strike Team 95.08
Total for Check Number 85910: 95.08
85911 3448 CHRISTINA WINDOVER 07/09/2024
July 2024 Cell Phone Mn Reimb. July 2024 75.00
Total for Check Number 85911: 75.00
85912 3430 BETTY WONG, 07/09/2024
July 2024 Wong Bldg Leases July 2024 2,600.00
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 85912: 2,600.00
85913 4468 FER YANG 07/09/2024
06/27/2024 University of Phoenix-Tuition Reimb 682.00
06/27/2024 University of Phoenix-Tuition Reimb 682.00
Total for Check Number 85913: 1,364.00
85914 4908 ZOLL MEDICAL CORPORATION 07/09/2024
3875426 6/30/2024 - Inv 3875426/Q-68854 upgrade NIBP, X Series. Payment 10,897.50 Total for Check Number 85914: 10,897.50
Total for 7/9/2024: 221,230.22
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 07/12/2024
PR Batch 00001.07.2024 457 Percent - Mission Square PR Batch 00001.07.2024 457 Percent - Mission Square 459.53 PR Batch 00001.07.2024 457 Mission Square PR Batch 00001.07.2024 457 Mission Square 5,316.92 Total for this ACH Check for Vendor 3231: 5,776.45
ACH 3470 Internal Revenue Service - ACH 07/12/2024
PR Batch 00001.07.2024 Medicare Employer Portion PR Batch 00001.07.2024 Medicare Employer Portion 4,235.04 PR Batch 00001.07.2024 FICA Employer Portion PR Batch 00001.07.2024 FICA Employer Portion 18,108.39 PR Batch 00001.07.2024 Medicare Employee Portion PR Batch 00001.07.2024 Medicare Employee Portion 4,235.04 PR Batch 00001.07.2024 FICA Employee Portion PR Batch 00001.07.2024 FICA Employee Portion 18,108.39 PR Batch 00001.07.2024 Federal Income Tax PR Batch 00001.07.2024 Federal Income Tax 25,590.53 Total for this ACH Check for Vendor 3470: 70,277.39
ACH 3471 Employment Development Department - ACH07/12/2024 PR Batch 00001.07.2024 CA SDI PR Batch 00001.07.2024 CA SDI 2,871.50 PR Batch 00001.07.2024 State Income Tax PR Batch 00001.07.2024 State Income Tax 10,403.76 Total for this ACH Check for Vendor 3471: 13,275.26
ACH 3472 CalPERS - ACH 07/12/2024
PR Batch 00001.07.2024 PERS Safety Fire -ClassicPR Batch 00001.07.2024 PERS Safety Fire -Classic 1,208.11 PR Batch 00001.07.2024 PERS Safety Fire ER PR Batch 00001.07.2024 PERS Safety Fire ER 3,144.01 PR Batch 00001.07.2024 PERS Safety Police PEPRAPR Batch 00001.07.2024 PERS Safety Police PEPRA 9,140.29 PR Batch 00001.07.2024 PERS Reported FLSA PR Batch 00001.07.2024 PERS Reported FLSA 792.33 PR Batch 00001.07.2024 PERS Misc. Classic ER PR Batch 00001.07.2024 PERS Misc. Classic ER 4,436.77 PR Batch 00001.07.2024 PERS Safety Fire PEPRAPR Batch 00001.07.2024 PERS Safety Fire PEPRA 5,294.29 PR Batch 00001.07.2024 PERS Safety Fire PEPRA ER PR Batch 00001.07.2024 PERS Safety Fire PEPRA ER 5,724.13 PR Batch 00001.07.2024 PERS Safety Police ER PR Batch 00001.07.2024 PERS Safety Police ER 3,581.00 PR Batch 00001.07.2024 PERS Misc. Classic PR Batch 00001.07.2024 PERS Misc. Classic 2,566.87 PR Batch 00001.07.2024 PERS Safety Police PEPRPR Batch 00001.07.2024 PERS Safety Police PEPR A ER A ER 8,720.95 PR Batch 00001.07.2024 PERS Misc. PEPRA ER PR Batch 00001.07.2024 PERS Misc. PEPRA ER 4,746.51 PR Batch 00001.07.2024 PERS Misc. PEPRA PR Batch 00001.07.2024 PERS Misc. PEPRA 4,674.14 PR Batch 00001.07.2024 PERS Safety Police PR Batch 00001.07.2024 PERS Safety Police 1,379.10 Total for this ACH Check for Vendor 3472: 55,408.50
ACH 4707 ICMA-WIRE 401(A) 07/12/2024
PR Batch 00001.07.2024 Def Comp 401(a) ICMAPR Batch 00001.07.2024 Def Comp 401(a) ICMA 250.00 Total for this ACH Check for Vendor 4707: 250.00
85915 3660 KPFA 07/12/2024
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 9 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PR Batch 00001.07.2024 Professional Firefighters Asc. PR Batch 00001.07.2024 Professional Firefighters Asc. 680.00 Total for Check Number 85915: 680.00
85916 3525 Kingsburg Police KPOA 07/12/2024
PR Batch 00001.07.2024 KPOA Union Dues PR Batch 00001.07.2024 KPOA Union Dues 1,060.00 Total for Check Number 85916: 1,060.00
85917 3716 FRANCHISE TAX BOARD STATE OF CALIFORNIA 07/12/2024 PR Batch 00001.07.2024 Franchise Tax Board PR Batch 00001.07.2024 Franchise Tax Board 87.50 Total for Check Number 85917: 87.50
Total for 7/12/2024: 146,815.10
ACH 4789 US BANKCORP SERVICE CENTER 07/19/2024
Beasley 070524 Save Mart- HIPP-Supplies PW 75.12
Beasley 070524 Road House-Interview Panel Lunch 131.59
Colado 070524 Amazon-Finance FY Stamp 19.06
Colado 070524 Amazon: Air Sanitizer 35.67
Colado 070524 Staples-Finance Paper 56.76
Colado 070524 Amazon-Finance FY Stamp 19.06
Colado 070524 Staples-Finance Paper 56.77
Colado 070524 Sun Hong Kong- A. Colado and S. Franco Meeting 50.00 Cstneda 070524 Senior Center Kitchen Supplies 76.26
Cstneda 070524 Smart & Final: Pool Supplies 330.87
Cstneda 070524 Amazon-Pool Supplies Lifeguards 49.02
Cstneda 070524 Smart & Final: Pool Concession Supplies 576.77 Cstneda 070524 Smart & Final Senior Supplies 247.21
Cstneda 070524 Amazon-Pool Supplies Lifeguards 76.23
Cstneda 070524 Senior Center Mailing Supplies 34.58
Cstneda 070524 Lifeguard training day lunch 74.75
Dadian 070524 The Original Mels- Folsom. Lunch. New vehicle purchased 49.53 Galvez 070524 PW Google TV 72.99
Hnderson 070524 ICMA Conference Flights 405.96
Hrnandez 070524 Paypal monthly sub- for CPR classes 25.00 Hrnandez 070524 SAve Mart- mini bottle water- Fireworks event 49.52 Hrnandez 070524 Corsaros- feed shift/volunteers for fireworks event 157.65 Hrnandez 070524 AFSS Quartrly training/meeting south- RO 31.17 Hrnandez 070524 Career Source monthly membership Admin/Ro 19.00 Osborne 070524 6500 Watt Electric generator- CRR Trailer/ to be reimbursed by H 4,679.52 Owen 070524 Amazon-Kitchen Supplies 31.24
Owen 070524 Amazon-Kitchen Supplies 42.11
Ploszaj 070524 Vistaprint- Business cards (Gagnon) 42.48 Ploszaj 070524 RECONYX 21.80
Ploszaj 070524 The UPS Store- ship evidence to lab 19.42 Plsgaard 070524 Water for Meetings 15.26
Stephens 070524 Fastrak payment invoice #I712417722305 7.00 Stephens 070524 The Original Mel's/Folsom (new vehicle P/U) 87.18 Wndover 070524 Indeep Job Posting 66.58
Wndover 070524 ID Creator-A. Castaneda 11.99
Wndover 070524 ID Creator-K. O'Keeffee (FY 23/24) 12.00 Wndover 070524 Society for Human Resources-Membership 264.00 Wndover 070524 J's Taco Shop-Customer Service Training 119.64 Wndover 070524 Kabob Twist-Nutrition Meeting 190.37
Total for this ACH Check for Vendor 4789: 8,331.13
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 10 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
85918 3006 AIRGAS NCN 07/19/2024
5509307995 Oxygen 6/26/24 936.24
9151288878 Oxygen 6/26/24 217.86
9151288879 Oxygen 6/26/24 217.86
9151487896 Oxygen 7/3/24 194.23
9151519431 Oxygen 7/5/24 679.11
9151651337 Oxygen 7/10/24 188.35
Total for Check Number 85918: 2,433.65
85919 3565 AMAZON CAPITAL SERVICES 07/19/2024
1KYT-T6L3-F7TG COOLING TOWELS-4TH OF JULY EVENT 83.25
1MDW-4FG4-GECC STREAMLIGHT FLASHLIGHTS X2 PREV 395.24
1ND6-DNNY-CJTN DEPT SUPPLIES 143.27
1PPD-31LL-FK6K FREIGHTLINER CLEAR LAMPS X2 221.16
1W11-PNJX-LPP6 DEPT CLEANING SUPPLIES 263.01
1XJT-FDH6-F1WN DEPT SUPPLIES 192.71
Total for Check Number 85919: 1,298.64
85920 4545 AMAZON.COM SALES, INC. 07/19/2024
1NFM-3MR7-D96Q CAR SEATS 196.14
1TTH-F31H-QL3T OPTEX 3 CHANNEL RECIEVER CHIMEBOX W/RELAY 20.69 Total for Check Number 85920: 216.83
85921 3891 AMERICAN BUSINESS MACHINES 07/19/2024
75077 Senior Center toner front printer 15.00
Total for Check Number 85921: 15.00
85922 4307 AT & T MOBILITY 07/19/2024
287290402185x07 ME MDT/Body Cam 80.48
287290402185x07 SRO H MDT/Body Cam 80.48
287290402185x07 ACT MDT/Body Cam 80.48
287290402185x07 ME MDT/Body Cam 539.73
287290402185x07 GF MDT/Body Cam 854.87
287299577602x07 SRO E Cell 45.05
287299577602x07 SRO H Cell 45.05
287299577602x07 GF Cell 796.47
287299577602x07 ACT Cell 45.05
287299577602x07 ME Cell 410.49
Total for Check Number 85922: 2,978.15
85923 3300 AVENU INSIGHTS & ANALYTICS 07/19/2024
INV06-019126 STARS Service for 1st Quarter 2024 Data 450.00 Total for Check Number 85923: 450.00
85924 4247 ADRIAN BAVERY 07/19/2024
Reimbursement POST Fire/ meals- single line medic deployment 143.58 Total for Check Number 85924: 143.58
85925 4875 BOUND TREE MEDICAL LLC 07/19/2024
85402539 Medical Supplies 7/02/24 318.07
85409455 Medical Supplies 7/09/24 413.50
85409456 Medical Supplies 7/09/24 82.81
Total for Check Number 85925: 814.38
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 11 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
85926 3054 BSK ASSOCIATES 07/19/2024
AH14423 Well Treatment BACT 6/17/24 114.00
AH14642 Well Treatment BACT 6/18/24 171.00
AH15177 Well Treatment TCP 6/10/24 649.50
AH15187 Well Treatment BACT 6/24/24 114.00
AH15712 Well Treatment BACT 6/27/24 Draper St 216.00
AH15739 Well Treatment BACT 6/24/24 15/16/17 432.00
AH15984 Well treatment BACT 7/1/24 119.12
AH15984 Well treatment BACT 7/1/24 119.12
AH16467 Well treatment BACT 7/8/24 119.12
Total for Check Number 85926: 2,053.86
85927 3056 CAL STATE TERMITE AND PEST 07/19/2024
461343/461328 City Buildings Pest Control 168.50
461343/461328 Senior Center Pest Control 35.00
461343/461328 Fire Pest Control 35.00
461343/461328 Amb Pest Control 35.00
461343/461328 Pool Pest Control 71.50
461343/461328 Memorial/Downdown Park Pest Control 95.00 461343/461328 Police Pest Control 35.00
Total for Check Number 85927: 475.00
85928 4429 CANON FINANCIAL SERVICES, INC 07/19/2024
33592330 Contract CL Meter usage (June) 150.71
33592330 Maintenance (June) 114.42
33592330 Contract Meter usage (June) 601.90
33592331 Contract Charge 224.93
33592331 CL Meter Usage 170.33
33829304 City Hall Copier Contract June 2024 230.00
33829304 City Hall Copier Contract June 2024 230.00
33830277 July) Copier fire Admin- Contract charge 252.08 Total for Check Number 85928: 1,974.37
85929 4861 CCLS, INC 07/19/2024
22252 18th Ave/ Solig irrigation timer 1,365.00
Total for Check Number 85929: 1,365.00
85930 3607 CIVICPLUS 07/19/2024
265276 FY 24-25 Annual Online Hosting Fee 1,331.40
266375 8/26/24 Inv 305981 Virtual webmaster 5 hrs monthly. KFD Fire ult 1,436.11 307969 FY 24-25 Annual Invoice 307969 7,187.50
Total for Check Number 85930: 9,955.01
85931 3134 CSJVRMA 07/19/2024
RMA-2024-0225 Liability Program 100,620.00
RMA-2024-0225 Auto Physical Damage Program 76,974.00
RMA-2024-0225 Drone Coverage Program 263.00
RMA-2024-0225 Employee Assistance Program 1,548.00
RMA-2024-0225 Employee Practices Liability Program ERMA 39,067.00 RMA-2024-0225 General Administration 7,191.00
RMA-2024-0225 Property Program 134,688.00
RMA-2024-0225 Crime Shield Program 1,890.00
RMA-2024-0225 Workers' Compensation Program 139,902.00
Total for Check Number 85931: 502,143.00
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 12 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
85932 4409 DEFT DEVELOPMENT, INC. 07/19/2024
Pymt #1 Senior Kitchen Remodel 12,083.82
Pymt #1 Senior Kitchen Remodel Retention -604.20
Pymt #1 Senior Center Kitchen Remodel -3,423.75
Pymt #1 Senior Center Kitchen Remodel 68,474.94
Total for Check Number 85932: 76,530.81
85933 3147 DIVISION OF STATE ARCHITECT 07/19/2024
07/10/24 Quarterly ADA Fees 3/2024-6/2024 100.80
Total for Check Number 85933: 100.80
85934 4229 EBA&M CORPORATION 07/19/2024
July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 40.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 60.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 290.40 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 40.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 369.60 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 100.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 40.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 10.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 60.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 105.20 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 26.80 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 40.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 89.60 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 92.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 356.80 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 13.60 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 51.20 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 68.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 470.00 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 146.80 July 2024 Monthly Premium for medical cards 7/1/24-7/31/24 30.00 Total for Check Number 85934: 2,500.00
85935 4615 EMERALD TEXTILES SERVICES 07/19/2024
EFRE-0016589 Linen Service 7/-7/6 257.03
Total for Check Number 85935: 257.03
85936 5008 EXAMWORKS LLC 07/19/2024
170-3112759 Employee physician exam 2,710.00
170-3113205 Employee physician exam 2,710.00
Total for Check Number 85936: 5,420.00
85937 5010 FAIRFIELD INN & SUITS SUPERB 07/19/2024
07/19/2024 Fairfield Sign Facade Reimbursement 10,000.00 Total for Check Number 85937: 10,000.00
85938 3955 FIRE APPARATUS SOLUTIONS 07/19/2024
0202W20010 6/30/24 Inv 0202W20010 repairs to E142 - turn signal replaced, f 3,261.43 Total for Check Number 85938: 3,261.43
85939 4536 FlowMSP, INC. 07/19/2024
2844 8/11/24 Inv 2844 Annual Fire App license renewal 2024/2025 4,500.00 AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 13 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 85939: 4,500.00
85940 3633 FRESNO COUNTY FIRE PROTECTION DISTRICT 07/19/2024 2615 Dispatch Contract w/Cal Fire svs from Jan24-June24 16,912.38 Total for Check Number 85940: 16,912.38
85941 4932 FRESNO OXYGEN/BARNES WELDING 07/19/2024
63404055 Pool services 240.94
63404545 Pool services 209.56
Total for Check Number 85941: 450.50
85942 5001 G&H DIESEL SERVICE, INC. 07/19/2024
47956 Replace water hose to stationary engine cooler caused by E141 697.48 Total for Check Number 85942: 697.48
85943 3206 GLACIER REFRIGERATION AND AIR 07/19/2024
55777 Ice Machine repair invoice 55777 Date 5/21/2024 3,085.76 Total for Check Number 85943: 3,085.76
85944 3212 DAVID GREEN 07/19/2024
7/17/2024 Boot allowance 184.99
Total for Check Number 85944: 184.99
85945 3222 HENRY SCHEIN, INC. 07/19/2024
96968417 Medical Supplies 7/1/24 415.59
97152309 Medical Supplies 7/3/24 656.32
97339470 Medical Supplies 7/5/24 140.36
97515620 Medical Supplies 7/8/24 59.93
Total for Check Number 85945: 1,272.20
85946 3224 HI-TECH EMERGENCY VEHICLE SVC 07/19/2024
179391 6/30/24 Inv 179391 Repairs to T145 - Adjust leveling sensor on b 10,967.48 Total for Check Number 85946: 10,967.48
85947 3225 HOME DEPOT CREDIT SERVICES 07/19/2024
5401605 Backflow Parts 38.35
7512346 Tools 238.45
Total for Check Number 85947: 276.80
85948 4928 IMAGE TREND, LLC 07/19/2024
PS-Inv108636 7/1/24 PS-INV108636 Image Trend EMS ELite modules (CAD, EMS, con 13,938.89 PS-Inv108636 7/1/24 PS-INV108636 Image Trend Fire, NFIRS modules - Annual ren 2,963.90 Total for Check Number 85948: 16,902.79
85949 3860 JAS PACIFIC 07/19/2024
PC 6783 Plan check. Billing period 8/1/2023-8/31/2023 3,255.00 PC 6923 Plan check. Billing period 12/01/23-12/31/23 1,732.50 PC 7121 Plan Check Billing period 6/01/24-6/30/24 1,575.00 Total for Check Number 85949: 6,562.50
85950 4826 CHRISTIAN JIMENEZ 07/19/2024
reimbursement Per Diem- NASRO training (Basic SRO)7/8-7/12 85.00 AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 14 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 85950: 85.00
85951 3242 JOE SAUBERT INC. 07/19/2024
52656 Pool shower head 192.56
Total for Check Number 85951: 192.56
85952 3686 KINGSBURG AUTO CARE 07/19/2024
18239 Wheel Hub Bearing X 2 PD #1736 680.27
Total for Check Number 85952: 680.27
85953 4648 KINGSBURG EXPRESS LUBE INC. 07/19/2024
58271 Service PD#1631 4/29/24 81.62
58445 Service PD#1736 5/16/24 81.62
58470 Service PD#2030 5/20/24 81.62
58471 Service PD#1628 5/20/24 81.62
58473 Service PD#2138 5/20/24 81.62
58615 Service PD#2039 81.62
58656 Service PD#1716 69.36
58715 Service PD#2219 97.96
58803 Service PD#2218 81.62
58818 Service PD#2147 81.62
58866 Service PD#2030 81.62
Total for Check Number 85953: 901.90
85954 3510 KINGSBURG TOWING 07/19/2024
0060482 KPD-Tow-Dinuba 6/14/24 Unit #2042 275.00
Total for Check Number 85954: 275.00
85955 5004 LAMPKIN, LISA 07/19/2024
07/15/2024 Turf Replacement-993 Silverbrook 1,040.00
Total for Check Number 85955: 1,040.00
85956 4889 LEFTA SYSTEMS 07/19/2024
003254 Annual Subscription/License fee 6,267.55
Total for Check Number 85956: 6,267.55
85957 3277 LINCOLN AQUATICS 07/19/2024
Q2027671 Pool Chlorine 6/4/24 1,914.99
Q2027674 Pool Chlorine 5/28/24 1,750.29
Q2027677 Pool Chlorine 5/21/24 1,726.75
Q2027678 Pool Chlorine 5/14/24 1,444.41
Q2027679 Pool Chlorine 5/9/24 1,072.66
Total for Check Number 85957: 7,909.10
85958 5009 JOSE ISAIAH LOMELI 07/19/2024
07/17/2024 Boot Allowance 141.06
Total for Check Number 85958: 141.06
85959 4964 MCCARTY'S COLLISION CENTER 07/19/2024
10520 INV#10520 PD unit 1624 Bodywork/labor/ paint 4,759.83 10580 PD-Fusion #1716 Mirror Repair 1,121.75
10581 INV#10581 PD unit 1837 Bodywork/labor/ paint 7,165.35 AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 15 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 85959: 13,046.93
85960 3518 METRO UNIFORM 07/19/2024
281433 Class A Uniform ( Beer) Reserve Officer 338.20
282164 new hire uniform- Heredia 1,000.66
282230 Class A Uniform ( Salinas) 929.42
Total for Check Number 85960: 2,268.28
85961 3293 MID VALLEY DISPOSAL 07/19/2024
June 2024 June 2024 Residential 102,396.01
June 2024 June 2024 Multi 2-4 & Multi -less (3,129.27) 17,732.56 June 2024 June 2024 Comm-less FF's (8,836.64) 50,074.29 June 2024 Franchise Fees June 2024 11,965.91
June 2024 Franchise Fees June 2024 -11,965.91
Total for Check Number 85961: 170,202.86
85962 3997 MID VALLEY DISPOSAL RECYCLING & TRANSFER STATION 07/19/2024 2988392 Street Sweeping Refuse 1,137.40
Total for Check Number 85962: 1,137.40
85963 4230 MUNICIPAL EMERGENCY SERVICES INC. 07/19/2024 2079628 5 yellow Nomex ear,neck,face shroud 214.90
Total for Check Number 85963: 214.90
85964 3307 NELSON'S ACE HARDWARE-SELMA 07/19/2024
151302 Alan wrench/hardware 5.34
Total for Check Number 85964: 5.34
85965 4876 OAT & OAK LLC 07/19/2024
72247 BID Social Media Manager June 2024 2,500.00
Total for Check Number 85965: 2,500.00
85966 3312 O'REILLY AUTO PARTS 07/19/2024
4445-466577 Bolt 5.00
4445-466954 Blue def drum 411.93
464553 Battery for PD#1837 163.06
465806 15 Amp Fuse Stock 5.76
Total for Check Number 85966: 585.75
85967 3315 P G & E 07/19/2024
06/27/2024 Electricity-5/29/24 - 6/26/24 Acct #9285082237-7 125.92 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 9,860.36 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 2,120.61 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 370.13 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 682.87 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 90.80 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 96,524.95 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 370.37 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 4,165.25 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 43.13 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 2,452.45 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 8,526.12 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 1,216.31 06/28/2024 Electricity-4/27/24-6/26/24 Acct #7543447781-8 20.03 AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 16 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
06/28/2024 #2 Electricity-5/30/24 - 6/27/24 Acct #7371161282-7 823.17 06/28/2024 #2 Electricity-5/30/24 - 6/27/24 Acct #7371161282-7 823.17 07/01/2024 Electricity-5/31/24 - 6/30/24 Acct #1628344672-8 1,660.53 Total for Check Number 85967: 129,876.17
85968 3630 PIONEER EQUIP. CO. 07/19/2024
AA05650 Land Pride Rotary Mower 5/9/24 2,360.33
Total for Check Number 85968: 2,360.33
85969 4669 PITNEY BOWES BANK INC 07/19/2024
07012024 Postage (July 2024) 38.04
Total for Check Number 85969: 38.04
85970 3334 PROFESSIONAL PRINT & MAIL, INC 07/19/2024
121546 Statements-Delinquent Notices June 2024 109.82
121546 Statements-Delinquent Notices June 2024 109.83
Total for Check Number 85970: 219.65
85971 4897 SACRAMENTO COUNTY SHERIFF'S OFFICE 07/19/2024 8272024 Reg fees/ 2024 annual law enforce exec summit Stephens/Salinas 950.00 Total for Check Number 85971: 950.00
85972 4867 JOSE LUIS SALINAS 07/19/2024
8262024 Per Diem - Law Enforcement Exec Summit 203.50
Total for Check Number 85972: 203.50
85973 3570 SEQUOIA COUNCIL 07/19/2024
1410 A-R Explorer Registration (1) Gonzales 95.00
Total for Check Number 85973: 95.00
85974 3961 SHARP AMBULANCE BILLING 07/19/2024
52998 Ambulance billing service June 2024 5,693.94
Total for Check Number 85974: 5,693.94
85975 3543 SIERRA PACKAGING SOLUTIONS 07/19/2024
89104 Senior Center mop heads 32.29
89602 Pool Supplies 327.83
Total for Check Number 85975: 360.12
85976 3772 SIGN MAX 07/19/2024
004719-IN Dead End Sign 129.89
Total for Check Number 85976: 129.89
85977 3369 SILVAS OIL COMPANY, INC. 07/19/2024
192888CT PW & CH Gas Card Charges 7/1/24-7/15/24 51.36
192888CT PW & CH Gas Card Charges 7/1/24-7/15/24 138.69 192888CT PW & CH Gas Card Charges 7/1/24-7/15/24 204.35 192888CT PW & CH Gas Card Charges 7/1/24-7/15/24 51.36
192888CT PW & CH Gas Card Charges 7/1/24-7/15/24 212.34 192888CT PW & CH Gas Card Charges 7/1/24-7/15/24 36.06
192888CT PW & CH Gas Card Charges 7/1/24-7/15/24 751.11 AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 17 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 85977: 1,445.27
85978 3380 STATE OF CALIFORNIA-D O J 07/19/2024
746239 Fingerprint FBI 68.00
746239 Peace Officer Billed 90.00
746239 Fingerprint Apps 288.00
750933 Blood Alcohol Analysis 175.00
Total for Check Number 85978: 621.00
85979 3382 SHAUN STEPHENS 07/19/2024
8262024 Per Diem - Law Enforcement Exec Summit 203.50
Total for Check Number 85979: 203.50
85980 4028 SUPERIOR POOL CARE 07/19/2024
4965 Owner-Eddie C. Reed invoice 4965 June 2024 Service 2,825.00 Total for Check Number 85980: 2,825.00
85981 3612 TARGETSOLUTIONS LEARNING 07/19/2024
96795 7/1/24 Inv 96795 Annual membeship 27 users x 98.90 7/1/24-6/30/ 2,670.30 Total for Check Number 85981: 2,670.30
85982 3397 THE GAS COMPANY 07/19/2024
07/09/2024 Gas Services for city dates: 06/04/2024-07/04/2024 49.84 07/09/2024 Gas Services for city dates: 06/04/2024-07/04/2024 88.01 07/09/2024 Gas Services for city dates: 06/04/2024-07/04/2024 62.07 07/09/2024 Gas Services for city dates: 06/04/2024-07/04/2024 26.99 07/09/2024 Gas Services for city dates: 06/04/2024-07/04/2024 33.09 07/09/2024 Gas Services for city dates: 06/04/2024-07/04/2024 365.62 Total for Check Number 85982: 625.62
85983 3805 USA BLUE BOOK 07/19/2024
INV00396821 Foot Valve 160.41
INV00396915 Pump Repair Kits 1,666.99
Total for Check Number 85983: 1,827.40
85984 3418 VIDEO INSPECTION SPECIALISTS INC 07/19/2024
9149 Strom Drain Inspection 21st/ Mariposa/Marion/ Lincoln 12,162.50 Total for Check Number 85984: 12,162.50
85985 3493 VILLAGE TIRE SALES INC 07/19/2024
21715 Flat Repair PD #1628 25.00
22347 Replace tire PD #2216 229.36
Total for Check Number 85985: 254.36
85986 3429 WILLDAN FINANCIAL SERVICES 07/19/2024
010-59035 Annual District Admin FY 2024/2025 396.14
010-59035 Annual District Admin FY 2024/2025 185.69
010-59035 Annual District Admin FY 2024/2025 309.48
010-59035 Annual District Admin FY 2024/2025 544.69
010-59035 Annual District Admin FY 2024/2025 359.00
010-59035 Annual District Admin FY 2024/2025 377.57
010-59035 Annual District Admin FY 2024/2025 352.81
010-59035 Annual District Admin FY 2024/2025 191.88
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 18 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
010-59035 Annual District Admin FY 2024/2025 488.98
010-59035 Annual District Admin FY 2024/2025 30.95
010-59035 Annual District Admin FY 2024/2025 284.72
010-59035 Annual District Admin FY 2024/2025 259.96
010-59035 Annual District Admin FY 2024/2025 210.44
010-59035 Annual District Admin FY 2024/2025 328.05
Total for Check Number 85986: 4,320.36
Total for 7/19/2024: 1,068,866.40
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 07/26/2024
PR Batch 00002.07.2024 457 Mission Square PR Batch 00002.07.2024 457 Mission Square 5,316.92 PR Batch 00002.07.2024 457 Percent - Mission Square PR Batch 00002.07.2024 457 Percent - Mission Square 662.67 Total for this ACH Check for Vendor 3231: 5,979.59
ACH 3470 Internal Revenue Service - ACH 07/26/2024
PR Batch 00002.07.2024 FICA Employer Portion PR Batch 00002.07.2024 FICA Employer Portion 20,371.40 PR Batch 00002.07.2024 Medicare Employee Portion PR Batch 00002.07.2024 Medicare Employee Portion 4,764.25 PR Batch 00002.07.2024 Federal Income Tax PR Batch 00002.07.2024 Federal Income Tax 31,218.80 PR Batch 00002.07.2024 Medicare Employer Portion PR Batch 00002.07.2024 Medicare Employer Portion 4,764.25 PR Batch 00002.07.2024 FICA Employee Portion PR Batch 00002.07.2024 FICA Employee Portion 20,371.40 Total for this ACH Check for Vendor 3470: 81,490.10
ACH 3471 Employment Development Department - ACH07/26/2024 PR Batch 00002.07.2024 CA SDI PR Batch 00002.07.2024 CA SDI 3,267.43 PR Batch 00002.07.2024 State Income Tax PR Batch 00002.07.2024 State Income Tax 12,412.59 Total for this ACH Check for Vendor 3471: 15,680.02
ACH 3472 CalPERS - ACH 07/26/2024
PR Batch 00002.07.2024 PERS Safety Fire ER PR Batch 00002.07.2024 PERS Safety Fire ER 3,118.35 PR Batch 00002.07.2024 PERS Misc. Classic PR Batch 00002.07.2024 PERS Misc. Classic 2,571.28 PR Batch 00002.07.2024 PERS Safety Fire PEPRA ER PR Batch 00002.07.2024 PERS Safety Fire PEPRA ER 5,919.85 PR Batch 00002.07.2024 PERS Safety Police PEPRAPR Batch 00002.07.2024 PERS Safety Police PEPRA 9,417.84 PR Batch 00002.07.2024 PERS Reported FLSA PR Batch 00002.07.2024 PERS Reported FLSA 97.83 PR Batch 00002.07.2024 PERS Misc. PEPRA PR Batch 00002.07.2024 PERS Misc. PEPRA 4,589.27 PR Batch 00002.07.2024 PERS Safety Police PEPRPR Batch 00002.07.2024 PERS Safety Police PEPR A ER A ER 8,993.45 PR Batch 00002.07.2024 PERS Misc. PEPRA ER PR Batch 00002.07.2024 PERS Misc. PEPRA ER 4,660.32 PR Batch 00002.07.2024 PERS Misc. Classic ER PR Batch 00002.07.2024 PERS Misc. Classic ER 4,444.25 PR Batch 00002.07.2024 PERS Safety Fire PEPRAPR Batch 00002.07.2024 PERS Safety Fire PEPRA 5,484.63 PR Batch 00002.07.2024 PERS Safety Police PR Batch 00002.07.2024 PERS Safety Police 1,398.93 PR Batch 00002.07.2024 PERS Safety Police ER PR Batch 00002.07.2024 PERS Safety Police ER 3,631.64 PR Batch 00002.07.2024 PERS Safety Fire -ClassicPR Batch 00002.07.2024 PERS Safety Fire -Classic 1,198.08 Total for this ACH Check for Vendor 3472: 55,525.72
ACH 4707 ICMA-WIRE 401(A) 07/26/2024
PR Batch 00002.07.2024 Def Comp 401(a) ICMAPR Batch 00002.07.2024 Def Comp 401(a) ICMA 250.00 Total for this ACH Check for Vendor 4707: 250.00
85987 3660 KPFA 07/26/2024
PR Batch 00002.07.2024 Professional Firefighters Asc. PR Batch 00002.07.2024 Professional Firefighters Asc. 680.00 Total for Check Number 85987: 680.00
85988 3525 Kingsburg Police KPOA 07/26/2024
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 19 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PR Batch 00002.07.2024 KPOA Union Dues PR Batch 00002.07.2024 KPOA Union Dues 1,110.00 Total for Check Number 85988: 1,110.00
85989 3716 FRANCHISE TAX BOARD STATE OF CALIFORNIA 07/26/2024 PR Batch 00002.07.2024 Franchise Tax Board PR Batch 00002.07.2024 Franchise Tax Board 87.50 Total for Check Number 85989: 87.50
Total for 7/26/2024: 160,802.93
Report Total (149 checks): 1,597,714.65
AP Checks by Date - Detail by Check Date (8/2/2024 11:13 AM) Page 20
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: John Binaski, Fire Chief REVIEWED BY: AJH
AGENDA ITEM: Sole Source Purchase – Fire Engine
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
Staff requests the City Council to approve the sole-source purchase of one 2024 Smeal Spartan Fire Apparatus as per the Kingsburg Fire Department’s apparatus specifications. The city’s financial policy identifies the need for a sole source purchase to withstand scrutiny of the City Council and the public and must include justification. For this purchase, this includes:
- An alternate product or manufacturer would not be compatible with current products resulting in additional operating or maintenance costs
This purchase would place one new fire engine in service and replace one of the aged-out reserve fire engines the department purchased from Fresno Fire. Funding is in the current fiscal year 2024/25 Capital Improvement budget.
RECOMMENDED ACTION BY CITY COUNCIL
1. The city council to authorize a sole-source purchase and waive formal bidding for the purchase of a Smeal fire engine from Fire Apparatus Solutions and all related equipment not to exceed $950,000
POLICY ALTERNATIVE(S)
1. Not to purchase the fire engine and go out to bid at a later date, which would result in an approximate 10% increase as a result of inflation.
STRATEGIC GOAL(S) MET:
1. Community Safety
FINANCIAL INFORMATION
Meeting Date: 08/07/2024
Agenda Item: 5.3
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 2024-2025 Capital Improvement Budget
BACKGROUND INFORMATION
Kingsburg Fire Department currently has three fire engines and one fire truck, which are all on Spartan chassis and manufactured by Smeal. Each apparatus has a reserve apparatus to serve when the primary apparatus is out-ofservice for maintenance or repair. This is in compliance with national standards for fire service fleets.
Our standard for fleet replacement is to use apparatus for ten years as frontline service apparatus and then place them in reserve for approximately ten years, in order to receive a twenty-year total service life. This requires the department to purchase a fire engine at minimum every ten years.
Purchasing via sole-source is based on the characteristics of the apparatus. This purchase will provide standardization of the chassis, which allows for more efficient training and reduces fleet maintenance and inventory costs. This sole-source purchase provides for a single source of warranty work and part ordering.
Base Price Cost Comparison: The Base Price below includes applicable discounts from the H-GAC agreement and sales tax as shown on price quote, Attachment 1. The total purchase price is $806,369.36 with current change orders. Attachment 2 is the current change orders for the fire engine in the amount of $6,102.00. Attachment 3 is the H-GAC cooperative agreement pricing which was used to determine the lowest price for the City of Kingsburg Delivery of the apparatus is estimated for August 2024 and then it will require 60 days for equipment outfitting. In total the purchase price for one fire engine from Fire Apparatus Solutions is $806,369.36 and the required equipment is $143,630.64, for a total cost of $950,000.
ATTACHED INFORMATION
1. Finalized purchase contract with Fire Apparatus Solutions
2. Change order
3. H-GAC Cooperative Agreement Pricing
Qty Unit price Total price
1 -$807.00 -$807.00
1 $5,607.00 $5,607.00
1 $1,184.00 $1,184.00
1 $118.00 $118.00
$0.00
$0.00
$0.00
$0.00
Notes: Subtotal $6,102.00
Tax Rate 0.00%
Tax $0.00
Street address Project Due date
City, State, Zip 5400 Kingsburg
Type 1 xx/xx/xxxx
Change Order C
Change Order D
$6,102.00
Description
Change Order A
Change Order B
Invoice for Payable to Invoice #
Chief Name 1
Department
Fire Apparatus Solutions
1762 S Sycamore Ave
Rialto, CA 92376
(909) 879-7354
Invoice
Submitted on xx/xx/xxxx
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Spartan Fire LLC - Public Services - ID: 11566 - - FS12-23
MASTER GENERAL PROVISIONS
This Master Agreement is made and entered into, by and between the Houston-Galveston Area Council hereinafter referred to as H-GAC having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and Spartan Fire LLC, dba Spartan Emergency Response hereinafter referred to as the Contractor, having its principal place of business at 907 7th Ave North, Brandon, SD 57005.
WITNESSETH:
WHEREAS, H-GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Master Agreement; and
WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Master Agreement;
NOW, THEREFORE, H-GAC and the Contractor do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Contractor warrants and assures H-GAC that it possesses adequate legal authority to enter into this Master Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Master Agreement and bind the Contractor to the terms of this Master Agreement and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
The Contractor agrees to conduct all activities under this Master Agreement in accordance with all federal laws, executive orders, policies, procedures, applicable rules, regulations, directives, standards, ordinances, and laws, in effect or promulgated during the term of this Master Agreement, including without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Contractor shall furnish H-GAC with satisfactory proof of its compliance therewith.
ARTICLE 3: PUBLIC INFORMATION
Except as stated below, all materials submitted to H-GAC, including any attachments, appendices, or other information submitted as a part of a submission or Master Agreement, are considered public information, and become the property of H-GAC upon submission and may be reprinted, published, or distributed in any manner by H-GAC according to open records laws, requirements of the US Department of Labor and the State of Texas, and H-GAC policies and procedures. In the event the Contractor wishes to claim portions of the response are not subject to the Texas Public Information Act, it shall so; however, the determination of the Texas Attorney General as to whether such information must be disclosed upon a public request shall be binding on the Contractor. H-GAC will request such a determination only if Contractor bears all costs for preparation of the submission. H-GAC is not responsible for the return of creative examples of work submitted. H-GAC will not be held accountable if material from submissions is obtained without the written consent of the contractor by parties other than H-GAC, at any time during the evaluation process.
ARTICLE 4: INDEPENDENT CONTRACTOR
The execution of this Master Agreement and the rendering of services prescribed by this Master Agreement do not change the independent status of H-GAC or the Contractor. No provision of this Master Agreement or act of HGAC in performance of the Master Agreement shall be construed as making the Contractor the agent, servant, or employee of H-GAC, the State of Texas, or the United States Government. Employees of the Contractor are DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee related disputes and discrepancies, including employee payrolls and any claims arising therefrom.
ARTICLE 5: ANTI-COMPETITIVE BEHAVIOR
Contractor will not collude, in any manner, or engage in any practice which may restrict or eliminate competition or otherwise restrain trade.
ARTICLE 6: SUSPENSION AND DEBARMENT
Debarment and Suspension (Executive Orders 12549 and 12689) – A contract award (2 CFR 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 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1966 Comp. p. 189) and 12689 (3 CFR Part 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.
Pursuant to the Federal Rule above, Respondent 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 or by the State of Texas and at all times during the term of the Contract neither it nor its principals will be debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency or by the State of Texas Respondent shall immediately provide the written notice to H-GAC if at any time the Respondent learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. H-GAC may rely upon a certification of the Respondent that the Respondent is not debarred, suspended, ineligible, or voluntarily excluded from the covered contract, unless the H-GAC knows the certification is erroneous.
ARTICLE 7: GOAL FOR CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (if subcontracts are to be let) H-GAC’s goal is to assure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible in providing services under a contract. In accordance with federal procurements requirements of 2 CFR §200.321, if subcontracts are to be let, the prime contractor must take the affirmative steps listed below:
1. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
2. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
3. Dividing total requirements, when economically feasible, into smaller task or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;
5. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
6. Nothing in this provision will be construed to require the utilization of any firm that is either unqualified or unavailable. The Small Business Administration (SBA) is the primary reference and database for information on requirements related to Federal Subcontracting https://www.sba.gov/federal-contracting/contracting-guide/primesubcontracting NOTE: The term DBE as used in this solicitation is understood to encompass all programs/business enterprises such as: Small Disadvantaged Business (SDB), Historically Underutilized Business (HUB), Minority Owned Business Enterprise (MBE), Women Owned Business Enterprise (WBE) and Disabled Veteran Business Enterprise (DVBE) or other designation as issued by a certifying agency.
Contractor agrees to work with and assist HGACBuy customer in meeting any DBE targets and goals, as may be required by any rules, processes, or programs they might have in place. Assistance may include compliance with reporting requirements, provision of documentation, consideration of Certified/Listed subcontractors, provision of documented evidence that an active participatory role for a DBE entity was DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
considered in a procurement transaction, etc.
ARTICLE 8: SCOPE OF SERVICES
The services to be performed by the Contractor are outlined in an Attachment to this Master Agreement.
ARTICLE 9: PERFORMANCE PERIOD
This Master Agreement shall be performed during the period which begins Dec 01 2023 and ends Nov 30 2027.
All services under this Master Agreement must be rendered within this performance period, unless directly specified under a written change or extension provisioned under Article 21, which shall be fully executed by both parties to this Master Agreement.
ARTICLE 10: PAYMENT OR FUNDING
Payment provisions under this Master Agreement are outlined in the Special Provisions. H-GAC will not pay for any expenses incurred prior to the execution date of a contract, or any expenses incurred after the termination date of the contract.
ARTICLE 11: PAYMENT FOR WORK
The H-GAC Customer is responsible for making payment to the Contractor upon delivery and acceptance of the goods or completion of the services and submission of the subsequent invoice.
ARTICLE 12: PAYMENT TERMS/PRE-PAYMENT/QUANTITY DISCOUNTS If discounts for accelerated payment, pre-payment, progress payment, or quantity discounts are offered, they must be clearly indicated in the Contractor’s submission prior to contract award. The applicability or acceptance of these terms is at the discretion of the Customer.
ARTICLE 13: REPORTING REQUIREMENTS
If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Master Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may terminate this Master Agreement with notice as identified in Article 29 of these General Provisions. H-GAC has final determination of the adequacy of performance and reporting by Contractor. Termination of this Master Agreement for failure to perform may affect Contractor’s ability to participate in future opportunities with H-GAC. The Contractor's failure to timely submit any report may also be considered cause for termination of this Master Agreement. Any additional reporting requirements shall be set forth in the Special Provisions of this Master Agreement.
ARTICLE 14: INSURANCE
Contractor shall maintain insurance coverage for work performed or services rendered under this Master Agreement as outlined and defined in the attached Special Provisions.
ARTICLE 15: SUBCONTRACTS AND ASSIGNMENTS
Except as may be set forth in the Special Provisions, the Contractor agrees not to assign, transfer, convey, sublet, or otherwise dispose of this Master Agreement or any right, title, obligation, or interest it may have therein to any third party without prior written approval of H-GAC. The Contractor acknowledges that H-GAC is not liable to any subcontractor or assignee of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Master Agreement as if the performance rendered was rendered by the Contractor. Contractor shall give all required notices, and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable law or regulation, H-GAC shall not be responsible for monitoring Contractor's compliance, or that of Contractor’s subcontractors, with any laws or regulations.
ARTICLE 16: AUDIT
Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Master Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to HGAC.
ARTICLE 17: TAX EXEMPT STATUS
H-GAC and Customer members are either units of government or qualified non-profit agencies, and are generally exempt from Federal and State sales, excise or use taxes. Respondent must not include taxes in its Response. It is the responsibility of Contractor to determine the applicability of any taxes to an order and act accordingly.
Exemption certificates will be provided upon request.
ARTICLE 18: EXAMINATION OF RECORDS
The Contractor shall maintain during the course of the work complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H-GAC under this Master Agreement. HGAC, through its staff or designated public accounting firm, the State of Texas, and United States Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by H-GAC. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Master Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges.
Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. The Contractor further agrees that the examination of records outlined in this article shall be included in all subcontractor or third-party Master Agreements.
ARTICLE 19: RETENTION OF RECORDS
The Contractor and its subcontractors shall maintain all records pertinent to this Master Agreement, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than seven (7) years from the later of the date of acceptance of the final payment or until all audit findings have been resolved.
If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the seven (7) years, whichever is later, and until any outstanding litigation, audit, or claim has been fully resolved.
ARTICLE 20: DISTRIBUTORS, VENDORS, RESELLERS
Contractor agrees and acknowledges that any such designations of distributors, vendors, resellers or the like are for the convenience of the Contractor only and the awarded Contractor will remain responsible and liable for all obligations under the Contract and the performance of any designated distributor, vendor, reseller, etc. Contractor is also responsible for receiving and processing any Customer purchase order in accordance with the Contract and forwarding of the Purchase Order to the designated distributor, vendor, reseller, etc. to complete the sale or service.
H-GAC reserves the right to reject any entity acting on the Contractor’s behalf or refuse to add entities after a contract is awarded.
ARTICLE 21: CHANGE ORDERS AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Master Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.
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B. To ensure the legal and effective performance of this Master Agreement, both parties agree that any amendment that affects the performance under this Master Agreement must be mutually agreed upon and that all such amendments must be in writing. After a period of no less than 30 days subsequent to written notice, unless sooner implementation is required by law, such amendments shall have the effect of qualifying the terms of this Master Agreement and shall be binding upon the parties as if written herein.
C. Customers have the right to issue a change order to any purchase orders issued to the Contractor for the purposes of clarification or inclusion of additional specifications, qualifications, conditions, etc. The change order must be in writing and agreed upon by Contractor and the Customer agency prior to issuance of any Change Order. A copy of the Change Order must be provided by the Contractor to, and acknowledged by, H-GAC.
ARTICLE 22: CONTRACT ITEM CHANGES
A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion.
If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H- GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.
D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.
ARTICLE 23: CONTRACT PRICE ADJUSTMENTS
Price Decreases
If Contractor’s Direct Cost decreases at any time during the full term of this award, Contractor must immediately pass the decrease on to H-GAC and lower its prices by the amount of the decrease in Direct Cost. (Direct Cost means Contractor’s cost from the manufacturer of any item or if Contractor is the manufacturer, the cost of raw materials required to manufacture the item, plus costs of transportation from manufacturer to Contractor and Contractor to H-GAC. Contractor must notify H-GAC of price decreases in the same way as for price increases set out below. The price decrease shall become effective upon H-GAC’s receipt of Contractor’s notice. If Contractor routinely offers discounted contract pricing, H-GAC may request Contractor accept amended contract pricing equivalent to the routinely discounted pricing.
Price Increase
Contractors may request a price increase for items priced as Base Bid items and Published Options. The amount of any increase will not exceed actual documented increase in Contractor’s Direct Cost and will not exceed 10% of DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
the previous bid price. Considerations on the percentage limit will be given if the price increase is the result of increased tariff charges or other governmental actions, or other economic factors. Manufacturer price/contract changes involving the sale of motor vehicles will be considered and may be allowed during the entire contract period subject to submission and verification of the proper documentation required for a contract change as referenced in this section.
Price Changes
Any permanent increase or decrease in offered pricing for a base contract item or published option is considered a price change. Temporary increases in pricing by whatever name (e.g., ‘surcharge’, ‘adjustment’, ‘equalization charge’, ‘compliance charge’, ‘recovery charge’, etc.), are also considered to be price changes.
For published catalogs and price sheets as part of an H-GAC contract, requests to amend the contract to reflect any new published catalog or price sheet must be submitted whenever the manufacturer publishes a new document.
The request must include the new catalog or price sheet. All Products shall, at time of sale, be equipped as required under any then current applicable local, state, and federal government requirements. If, during any contract, changes are made to any government requirements which cause a manufacturer's costs of production to increase, Contractor may increase pricing to the extent of Contractor’s actual cost increase. The increase must be substantiated with support documentation acceptable to H-GAC prior to taking effect. Modifications to a Product required to comply with such requirements which become effective after the date of any sale are the responsibility of the Customer.
Requesting Price Increase/Required Documentation
Contractor must submit a written overview of changes requested and reasons for the request, stating the amount of the increase, along with an itemized list of any increased prices, showing the Contractor’s current price, revised price, the actual dollar difference and the percentage of the price increase by line item. Price change requests must be supported with substantive documentation (e.g., notices from suppliers and manufacturers of pricing changes in products, components, transportation, raw materials or commodities, and/or product availability, copies of invoices from suppliers, etc.) clearly showing that Contractor's actual costs have increased per the applicable line-item bid.
The Producer Price Index (PPI) may be used as partial justification, subject to approval by H-GAC, but no price increase based solely on an increase in the PPI will be allowed. This documentation should be submitted in Excel format to facilitate analysis and updating of the website. The letter and documentation must be sent to Lead Program Coordinator, [email protected].
Review/Approval of Requests
If H-GAC approves the price increase, Contractor will be notified in writing; no price increase will be effective until Contractor receives this notice. If H-GAC does not approve Contractor’s price increase, Contractor may terminate its performance upon sixty (60) days advance written notice to H-GAC, however Contractor must fulfill any outstanding Purchase Orders. Termination of performance is Contractor’s only remedy if H-GAC does not approve the price increase. H-GAC reserves the right to accept or reject any price change request.
ARTICLE 24: DELIVERIES AND SHIPPING TERMS
The Contractor agrees to make deliveries only upon receipt of authorized Customer Purchase Order acknowledged by H-GAC. Delivery made without such Purchase Order will be at Contractor’s risk and will leave H-GAC the option of canceling any contract awarded to the Contractor. The Contractor must secure and deliver any item within five (5) working days, or as agreed to on any corresponding customer Purchase Order.
Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order. The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Master Agreement, deliveries must consist only of new and unused merchandise.
ARTICLE 25: RESTOCKING (EXCHANGES AND RETURNS)
There will be no restocking charge to the Customer for return or exchange of any item purchased under the terms of any award. If the Customer wishes to return items purchased under an awarded contract, the Contractor agrees DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
to exchange, these items for other items, with no additional charge incurred. Items must be returned to Contractor within thirty (30) days from date of delivery. If there is a difference in price in the items exchanged, the Contractor must notify H-GAC and invoice Customer for increase price or provide the Customer with a credit or refund for any decrease in price per Customer’s preference. On items returned, a credit or cash refund will be issued by the Contractor to Customer. This return and exchange option will extend for thirty (30) days following the expiration of the term of the Contract. All items returned by the Customer must be unused and in the same merchantable condition as when received. Items that are special ordered may be returned only upon approval of the Contractor.
ARTICLE 26: MANUALS
Each product delivered under contract to any Customer must be delivered with at least one (1) copy of a safety and operating manual and any other technical or maintenance manual. The cost of the manual(s) must be included in the price for the Product offered.
ARTICLE 27: OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Master Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC.
Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.
ARTICLE 28: WARRANTIES, SALES, AND SERVICE
Warranties must be the manufacturer's standard and inclusive of any other warranty requirements stated in the Master Agreement; any warranties offered by a dealer will be in addition to the manufacturer’s standard warranty and will not be a substitute for such. Pricing for any product must be inclusive of the standard warranty.
Contractor is responsible for the execution and effectiveness of all product warranty requests and any claims, Contractor agrees to respond directly to correct warranty claims and to ensure reconciliation of warranty claims that have been assigned to a third party.
ARTICLE 29: TERMINATION PROCEDURES
The Contractor acknowledges that this Master Agreement may be terminated for Convenience or Default.
H-GAC will not pay for any expenses incurred after the termination date of the contract.
A. Convenience
H-GAC may terminate this Master Agreement at any time, in whole or in part, with or without cause, whenever H-GAC determines that for any reason such termination is in the best interest of H-GAC, by providing written notice by certified mail to the Contractor. Upon receipt of notice of termination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination.
The Contractor may cancel or terminate this Master Agreement upon submission of thirty (30) days written notice, presented to H-GAC via certified mail. The Contractor may not give notice of cancellation after it has received notice of default from H-GAC.
B. Default
H-GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Master Agreement, in any one of the following circumstances:
(1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or
(2) If the Contractor fails to perform any of the other provisions of this Master Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Master Agreements that completion of services herein specified within the Master Agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H-GAC in writing) after receiving written notice by certified mail of default from H-GAC.
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(3) In the event of such termination, Contractor will notify H-GAC of any outstanding Purchase Orders and H-GAC will consult with the End User and notify the Contractor to what extent the End User wishes the Contractor to complete the Purchase Order. If Contractor is unable to do so, Contractor may be subject to a claim for damages from H-GAC and/or the End User.
ARTICLE 30: SEVERABILITY
H-GAC and Contractor agree that should any provision of this Master Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Master Agreement, which shall continue in full force and effect.
ARTICLE 31: FORCE MAJEURE
To the extent that either party to this Master Agreement shall be wholly or partially prevented from the performance of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 32: CONFLICT OF INTEREST
No officer, member or employee of the Contractor or Contractors subcontractor, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or Contractor approval of this Master Agreement, shall participate in any decision relating to this Master Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Master Agreement.
A. Conflict of Interest Questionnaire: Chapter 176 of the Texas Local Government Code requires contractors contracting or seeking to contract with H-GAC to file a conflict-of-interest questionnaire (CIQ) if they have an employment or other business relationship with an H-GAC officer or an officer’s close family member.
The required questionnaire and instructions are located on the H-GAC website or at the Texas Ethics Commission website https://www.ethics.state.tx.us/forms/CIQ.pdf. H-GAC officers include its Board of Directors and Executive Director, who are listed on this website. Respondent must complete and file a CIQ with the Texas Ethics Commission if an employment or business relationship with H-GAC office or an officer’s close family member as defined in the law exists.
B. Certificate of Interested Parties Form – Form 1295: As required by Section 2252.908 of the Texas Government Code. H-GAC will not enter a Contract with Contractor unless (i) the Contractor submits a disclosure of interested parties form to H-GAC at the time the Contractor submits the contract H-GAC, or (ii) the Contractor is exempt from such requirement. The required form and instructions are located at the Texas Ethics Commission website https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.
Respondents who are awarded a Contract must submit their Form 1295 with the signed Contract to H-GAC.
ARTICLE 33: FEDERAL COMPLIANCE
Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Master Agreement,” If the Federal award meets the definition of “funding Master Agreement” under 37 CFR § 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 Master Agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Master Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II.
Additionally, for work to be performed under the Master Agreement or subcontract thereof, including procurement of materials or leases of equipment, Contractor shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Master Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Master Agreement; (l) applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) 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 (P.L. 94-163).
ARTICLE 34: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (EFFECTIVE AUG. 13, 2020 AND AS AMENDED OCTOBER 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Respondent must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that offerors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
ARTICLE 35: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, when using federal grant award funds H-GAC should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). H-GAC must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, then it shall work with H-GAC to provide all required certifications and other documentation needed to show compliance.
ARTICLE 36: CRIMINAL PROVISIONS AND SANCTIONS
The Contractor agrees to perform the Master Agreement in conformance with safeguards against fraud and abuse as set forth by the H-GAC, the State of Texas, and the acts and regulations of any related state or federal agency.
The Contractor agrees to promptly notify H-GAC of any actual or suspected fraud, abuse, or other criminal activity DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
through the filing of a written report within twenty-four (24) hours of knowledge thereof. Contractor shall notify H-GAC of any accident or incident requiring medical attention arising from its activities under this Master Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H-GAC, if any, shall be reported to local law enforcement agencies and H-GAC within two (2) hours of discovery of any such act.
The Contractor further agrees to cooperate fully with H-GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation, and any other duly authorized investigative unit, in carrying out a full investigation of all such incidents.
The Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Master Agreement or which would adversely affect the Contractor’s ability to perform services under this Master Agreement.
ARTICLE 37: INDEMNIFICATION AND RECOVERY
H-GAC’s liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its order processing charge. In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profits, or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, to the extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials, employees, and indemnities from any and all claims, costs, expenses (including reasonable attorney fees), actions, causes of action, judgements, and liens arising as a result of Contractor’s negligent act or omission under this Master Agreement. Contractor shall notify H-GAC of the threat of lawsuit or of any actual suit filed against Contractor relating to this Master Agreement.
ARTICLE 38: LIMITATION OF CONTRACTOR’S LIABILITY
Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Master Agreement.
ARTICLE 39: TITLES NOT RESTRICTIVE
The titles assigned to the various Articles of this Master Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Master Agreement.
ARTICLE 40: JOINT WORK PRODUCT
This Master Agreement is the joint work product of H-GAC and the Contractor. This Master Agreement has been negotiated by H-GAC and the Contractor and their respective counsel and shall be fairly interpreted in accordance with its terms and, in the event of any ambiguities, no inferences shall be drawn against any party.
ARTICLE 41: PROCUREMENT OF RECOVERED MATERIAL
H-GAC and the Respondent 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: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 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; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
ARTICLE 42: COPELAND “ANTI-KICKBACK” ACT
Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
ARTICLE 43: DISCRIMINATION
Respondent and any potential subcontractors shall comply with all Federal statutes relating to nondiscrimination.
These include, but are not limited to:
a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex;
c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps;
d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101- 6107), which prohibits discrimination on the basis of age;
e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and
j) The requirements of any other nondiscrimination statute(s) that may apply to the application.
ARTICLE 44: DRUG FREE WORKPLACE
Contractor must provide a drug-free workplace in accordance with the Drug-Free Workplace Act, as applicable.
For the purposes of this Section, “drug-free” means a worksite at which employees are prohibited from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance. H-GAC may request a copy of this policy.
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ARTICLE 45: APPLICABILITY TO SUBCONTRACTORS
Respondent agrees that all contracts it awards pursuant to the contract awarded as a result of this Master Agreement will be bound by the foregoing terms and conditions.
ARTICLE 46: WARRANTY AND COPYRIGHT
Submissions must include all warranty information, including items covered, items excluded, duration, and renewability. Submissions must include proof of licensing if using third party code for programming.
ARTICLE 47: DATA HANDLING AND SECURITY
It will always be the responsibility of the selected Contractor to manage data transfer and to secure all data appropriately during the project to prevent unauthorized access to all data, products, and deliverables.
ARTICLE 48: DISPUTES
All disputes concerning questions of fact or of law arising under this Master Agreement, which are not addressed within the Whole Master Agreement as defined pursuant to Article 4 hereof, shall be decided by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such notice, the Contractor requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Master Agreement and in accordance with H-GAC's final decision.
ARTICLE 49: CHOICE OF LAW: VENUE
This Master Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Master Agreement shall lie exclusively in Harris County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 50: ORDER OF PRIORITY
In the case of any conflict between or within this Master Agreement, the following order of priority shall be utilized: 1) General Provisions, 2) Special Provisions, 3) Scope of Work, and 4) Other Attachments.
ARTICLE 51: WHOLE MASTER AGREEMENT
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed. If this Master Agreement has not been signed by the Contractor within 30 calendar days, this Master Agreement will be automatically voided. The Master General Provisions, Master Special Provisions, and Attachments, as provided herein, constitute the complete Master Agreement between the parties hereto, and supersede any and all oral and written Master Agreements between the parties relating to matters herein. Except as otherwise provided herein, this Master Agreement cannot be modified without written consent of the parties.
ARTICLE 52: UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM) In accordance with 2 CFR Title 2, Subtitle A, Chapter I, Part 25 as it applies to a Federal awarding agency's grants, cooperative agreements, loans, and other types of Federal financial assistance as defined in 2 CFR 25.406.
Contractor understands and as it relates to 2 CFR 25.205(a), a Federal awarding agency may not make a Federal award or financial modification to an existing Federal award to an applicant or recipient until the entity has complied with the requirements described in 2 CFR 25.200 to provide a valid unique entity identifier and maintain an active SAM registration (www.SAM.gov) with current information (other than any requirement that is not applicable because the entity is exempted under § 25.110). 2 CFR 25.200(b) requires that registration in the SAM prior to submitting an application or plan; and maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and provide its unique entity identifier in each application or plan it submits to the Federal awarding agency. To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete. At the time a Federal awarding agency is ready to make a Federal award, if the intended recipient has not complied with an applicable requirement to provide a unique entity identifier or maintain an active SAM registration with current information, the Federal awarding agency: (1) May determine that the applicant is not qualified to receive a Federal award; and (2) May use that determination as a basis for making a Federal award to another applicant.
ARTICLE 53: PROCUREMENT OF RECOVERED MATERIALS
In accordance with 2 CFR 200.323, the Houston-Galveston Area Council and the Contractor or Subrecipient 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: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 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; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), the Contractor or Subrecipient certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Agreement will be at least the amount required by the applicable contract specifications or other contractual requirements.
SIGNATURES:
H-GAC and the Contractor have read, agreed, and executed the whole Master Agreement as of the date first written above, as accepted by:
Spartan Fire LLC , dba Spartan Emergency
Response
Signature $docusign:SignHere::Customer1
Name Chris McClung
Title VP of sales
Date $docusign:DateSigned::Customer1
H-GAC
Signature $docusign:SignHere::InternalSigner
Name Chuck Wemple
Title Executive Director
Date $docusign:DateSigned::InternalSigner
DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 12/11/2023 12/12/2023
H-GAC
Houston-Galveston Area Council
P.O. Box 22777 · 3555 Timmons · Houston, Texas 77227-2777 Cooperative Agreement - Contract - Spartan Fire LLC - Public Services - ID: 11566
MASTER SPECIAL PROVISIONS
Please note, this is an H-GAC Master Agreement template and is used for all products and services offered in H-GAC Cooperative Purchasing. Any redlines to this Master Agreement may not be reviewed.
Incorporated by attachment, as part of the whole Master Agreement, H-GAC and the Contractor do, hereby agree to the Master Special Provisions as follows:
ARTICLE 1: BIDS/PROPOSALS INCORPORATED
In addition to the whole Master Agreement, the following documents listed in order of priority are incorporated into the Master Agreement by reference: Bid/Proposal Specifications and Contractor’s Response to the Bid/Proposal.
ARTICLE 2: END USER MASTER AGREEMENTS (“EUA”)
H-GAC acknowledges that the END USER, which is the HGACBuy customer utilizing the contract (CUSTOMER and END USER may be used interchangeably) may choose to enter into an End User Master Agreement (EUA) with the Contractor through this Master Agreement. A CUSTOMER/END USER is a state agency, county, municipality, special district, or other political subdivision of a state, or a qualifying non-profit corporation (providing one or more governmental function or service that possess legal authority to enter into the Contract. The term of the EUA may exceed the term of the current H-GAC Master Agreement.
H-GAC’s acknowledgement is not an endorsement or approval of the End User Master Agreement’s terms and conditions. Contractor agrees not to offer, agree to or accept from the CUSTOMER/END USER, any terms or conditions that conflict with those in Contractor’s Master Agreement with H-GAC. Contractor affirms that termination of its Master Agreement with H-GAC for any reason shall not result in the termination of any underlying EUA, which shall in each instance, continue pursuant to the EUA’s stated terms and duration.
Pursuant to the terms of this Master Agreement, termination of this Master Agreement will disallow the Contractor from entering into any new EUA with CUSTOMER/END USER. Applicable H-GAC order processing charges will be due and payable to H-GAC on any EUAs, surviving termination of this Master Agreement between H-GAC and Contractor.
ARTICLE 3: MOST FAVORED CUSTOMER CLAUSE
Contractor shall provide its most favorable pricing and terms to H-GAC. If at any time during this Master Agreement, Contractor develops a regularly followed standard procedure of entering into Master Agreements with other governmental customers within the State of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warranties, benefits, and or terms more favorable than those provided to H-GAC, Contractor shall notify H-GAC within ten (10) business days thereafter, and this Master Agreement shall be deemed to be automatically retroactively amended, to the effective date of Contractor’s most favorable past Master Agreement with another entity. Contractor shall provide the same prices, warranties, benefits, or terms to H-GAC and its CUSTOMER/END USER as provided in its most favorable past Master Agreement. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be deemed null and void. If Contractor claims that a more favorable price, warranty, benefit, or term that was charged or offered to another entity during the term of this Master Agreement, does not constitute more favorable treatment, than Contractor shall, within ten (10) business days, notify H-GAC in writing, setting forth the detailed reasons Contractor believes the aforesaid DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
offer is not in fact most favored treatment. H-GAC, after due consideration of Contractor’s written explanation, may decline to accept such explanation and thereupon this Master Agreement between H-GAC and Contractor shall be automatically amended, effective retroactively, to the effective date of the most favored Master Agreement, to provide the same prices, warranties, benefits, or terms to H-GAC and the CUSTOMER/END USER.
EXCEPTION: This clause shall not be applicable to prices and price adjustments offered by a bidder, proposer, or contractor, which are not within bidder's/proposer’s control [example; a manufacturer's bid concession], or to any prices offered to the Federal Government and its agencies.
ARTICLE 4: PARTY LIABILITY
Contractor’s total liability under this Master Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder.
Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted.
Contractor accepts liability to repay, and shall repay upon demand to CUSTOMER/END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Master Agreement.
ARTICLE 5: GOVERNING LAW & VENUE
Contractor and H-GAC agree that Contractor will make every reasonable effort to resolve disputes with the CUSTOMER/END USER in accord with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.
ARTICLE 6: SALES AND ORDER PROCESSING CHARGE
Contractor shall sell its products to CUSTOMER/END USER based on the pricing and terms of this Master Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of a CUSTOMER/END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent CUSTOMER/END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of a CUSTOMER/END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Master Agreement, including sales to entities without Interlocal Master Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Master Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Master Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC.
In no event shall H-GAC have any liability to Contractor for any goods or services a CUSTOMER/END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Master Agreement actually performed, and for which compensation was received by Contractor.
ARTICLE 7: LIQUIDATED DAMAGES
Contractor and H-GAC agree that Contractor shall cooperate with the CUSTOMER/END USER at the time a CUSTOMER/END USER purchase order is placed, to determine terms for any liquidated damages.
ARTICLE 8: INSURANCE
Unless otherwise stipulated in Section B of the Bid/Proposal Specifications, Contractor must have the following insurance and coverage minimums:
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a. General liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit. b. Product liability insurance with a Single Occurrence limit of at least $1,000,000.00, and a General Aggregate limit of at least two times the Single Occurrence limit for all Products except Automotive Fire Apparatus. For Automotive Fire Apparatus, see Section B of the Bid/Proposal Specifications. c. Property Damage or Destruction insurance is required for coverage of End User owned equipment while in Contractor's possession, custody, or control. The minimum Single Occurrence limit is $500,000.00 and the General Aggregate limit must be at least two times the Single Occurrence limit. This insurance may be carried in several ways, e.g. under an Inland Marine policy, as art of Automobile coverage, or under a Garage Keepers policy. In any event, this coverage must be specifically and clearly listed on insurance certificate(s) submitted to H-GAC.
d. Insurance coverage shall be in effect for the length of any contract made pursuant to the Bid/Proposal, and for any extensions thereof, plus the number of days/months required to deliver any outstanding order after the close of the contract period.
e. Original Insurance Certificates must be furnished to H-GAC on request, showing Contractor as the insured and showing coverage and limits for the insurances listed above. f. If any Product(s) or Service(s) will be provided by parties other than Contractor, all such parties are required to carry the minimum insurance coverages specified herein, and if requested by H-GAC, a separate insurance certificate must be submitted for each such party. g. H-GAC reserves the right to contact insurance underwriters to confirm policy and certificate issuance and document accuracy.
ARTICLE 9: PERFORMANCE AND PAYMENT BONDS FOR INDIVIDUAL ORDERS H-GAC’s contractual requirements DO NOT include a Performance & Payment Bond (PPB); therefore, Contractor shall offer pricing that reflects this cost savings. Contractor shall remain prepared to offer a PPB to cover any order if so requested by the CUSTOMER/END USER. Contractor shall quote a price to CUSTOMER/END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of CUSTOMER/END USER's purchase order.
ARTICLE 10: ORDER PROCESSING CHARGE
H-GAC will apply an Order Processing Charge for each sale done through the H-GAC contract, with the exception of orders for motor vehicles. Any pricing submitted must include this charge amount per the most current H-GAC schedule. For motor vehicle orders, the Processing Charge is paid by the CUSTOMER/END USER. Contractor will need to refer to the solicitation for the Order Processing Charge.
ARTICLE 11: CHANGE OF STATUS
Contractor shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name. Contractor shall offer written guidance to advise H-GAC if this Master Agreement shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Master Agreement.
ARTICLE 12: REQUIREMENTS TO APPLICABLE PHYSICAL GOODS
In the case of physical goods (e.g. equipment, material, supplies, as opposed to services), all Products offered must comply with any applicable provisions of the Texas Business and Commerce Code, Title 1, Chapter 2 and with at least the following:
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a. Be new, unused, and not refurbished.
b. Not be a prototype as the general design, operation, and performance. This requirement is NOT meant to preclude the Contractor from offering new models or configurations which incorporate improvements in a current design or add functionality, but in which new model or configuration may be new to the marketplace.
c. Include all accessories which may or may not be specifically mentioned in the Master Agreement, but which are normally furnished or necessary to make the Product ready for its intended use upon delivery.
Such accessories shall be assembled, installed, and adjusted to allow continuous operation of Product at time of delivery.
d. Have assemblies, sub-assemblies and component parts that are standard and interchangeable throughout the entire quantity of a Product as may be purchased simultaneously by any END USER/CUSTOMER. e. Be designed and constructed using current industry accepted engineering and safety practices, and materials.
f. Be available for inspection at any time prior to or after procurement.
ARTICLE 13: TEXAS MOTOR VEHICLE BOARD LICENSING
All Contractors that deal in motor vehicles shall maintain current licenses that are required by the Texas Motor Vehicle Commission Code. If at any time during this Master Agreement term, any required Contractor license is denied, revoked, or not renewed, Contractor shall be in default of this Master Agreement, unless the Texas Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
ARTICLE 14: INSPECTION/TESTING
All Products sold pursuant to this Master Agreement will be subject to inspection/testing by or at the direction of H-GAC and/or the ordering CUSTOMER/END USER, either at the delivery destination or the place of manufacture. In the event a Product fails to meet or exceed all requirements of this Master Agreement, and unless otherwise agreed in advance, the cost of any inspection and/or testing, will be the responsibility of the Contractor.
ARTICLE 15: ADDITIONAL REPORTING REQUIREMENTS
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
a. CUSTOMER/END USER Name
b. Product/Service purchased, including Product Code if applicable c. Customer Purchase Order Number
d. Purchase Order Date
e. Product/Service dollar amount
f. HGACBuy Order Processing Charge amount
ARTICLE 16: BACKGROUND CHECKS
Cooperative customers may request background checks on any awarded contractor’s employees who will have direct contact with students, or for any other reason they so choose, any may require contractor to pay the cost of obtaining any background information requested by the CUSTOMER/END USER.
ARTICLE 17: PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL
CERTIFICATION
As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:
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1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and
2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit.
ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.) ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 and as amended October 26, 2020)
Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. ‘‘Covered telecommunications equipment or services means 1) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 requires that Contractors review SAM prior to completing their required representations. This rule applies to all acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of commercial items, including commercially available off the-shelf items.
ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.
In the event Contractor or Contractor’s supplier(s) are unable or unwilling to certify compliance with the Buy American Provision, or the applicability of an exception to the Buy American provision, H-GAC CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
CUSTOMER/END USER may require country of origin on all products and invoices submitted for payment by Contractor, and Contractor agrees to comply with any such requirement.
ARTICLE 21: BUY AMERICA REQUIREMENT (Applies only to Federally Funded Highway and Transit Projects)
With respect to products purchased by CUSTOMER/END USER for use in federally funded highway projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 23 U.S.C. Section 313, 23 C.F.R. Section 635.410, as amended, and the Steel and Iron Preference provisions of Texas Transportation Code Section 223.045, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs. With respect to products purchased by CUSTOMER/END USER for use in federally funded transit projects, Contractor shall comply with all federal procurement laws and regulations with respect to such projects, including the Buy American provisions set forth in 49 U.S.C. Section 5323(j)(1), 49 C.F.R.
Sections 661.6 or 661.12, to the extent applicable. Contractor agrees to provide all certifications required by CUSTOMER/END USER regarding such programs.
ARTICLE 22: DOMESTIC PREFERENCE
In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, a CUSTOMER/END USER using federal grant award funds should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The CUSTOMER/END USER must include this requirement in all subawards including all contracts and purchase orders for work or products under the federal grant award. If Contractor intends to qualify for Purchase Orders using federal grant money, they shall work with the CUSTOMER/END USER to provide all required certifications and other documentation needed to show compliance.
ARTICLE 23: TITLE VI REQUIREMENTS
H-GAC in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any disadvantaged business enterprises will be afforded full and fair opportunity to submit in response to this Master Agreement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
ARTICLE 24: EQUAL EMPLOYMENT OPPORTUNITY
Except as otherwise provided under 41 CFR Part 60, all Contracts and CUSTOMER/END USER Purchase Orders that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 shall be deemed to include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., pg.339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause provided under 41 CFR 60-1.4(b) is hereby incorporated by reference. Contractor agrees that such provision applies to any contract that meets the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 and agrees that it will comply with such provision.
ARTICLE 25: CLEAN AIR AND WATER POLLUTION CONTROL ACT
CUSTOMER/END USER Purchase Orders using federal funds must contain a provision that requires the Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
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).
Pursuant to the Federal Rule above, Contractor certifies that it is in compliance with all applicable provisions of 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) and will remain in compliance during the term of the Contract.
ARTICLE 26: PREVAILING WAGE
Contractor and any potential subcontractors have a duty to and shall pay the prevailing wage rate under the Davis-Bacon Act, 40 U.S.C. 276a – 276a-5, as amended, and the regulations adopted thereunder contained in 29 C.F.R. pt. 1 and 5.
ARTICLE 27: CONTRACT WORK HOURS AND SAFETY STANDARDS
As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all CUSTOMER/END USER Purchase Orders 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 CFR Part 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.
ARTICLE 28: PROFIT AS A SEPARATE ELEMENT OF PRICE
For purchases using federal funds more than the current Simplified Acquisition Threshold of $250,000, requires negotiation of profit as a separate element of the price. See, 2 CFR 200.324(b). Contractor agrees to provide information and negotiate regarding profit as a separate element of the price for the purchase. Contractor also agrees that the total price, including profit, charged by Contractor will not exceed the awarded pricing, including any applicable discount, under any awarded contract.
ARTICLE 29: BYRD ANTI-LOBBYING AMENDMENT
Byrd Anti-Lobbying Amendment (31U.S.C. 1352) – Contractors that apply or bid for an award exceeding $100,000 must file the required anti-lobbying certification. Each tier must certify to the tier above that it will not and has not 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. Each tier must also 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 CUSTOMER/END USER. As applicable, Contractor agrees to file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 USC 1352). Contractor certifies that it is currently in compliance with all applicable provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) and will continue to be in compliance throughout the term of the Contract and further certifies that:
1. No Federal appropriated funds have been paid or will be paid by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
with the awarding of a Federal contract, the making of a Federal Grant, the making of a Federal Loan, the entering into a cooperative Master Agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative Master Agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing, or attempting to influence, an officer or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative Master Agreement, Contractor shall complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
3. Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Master Agreements) and that all subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certificate is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
ARTICLE 30: COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS,
SUBGRANTS, COOPERATIVE MASTER AGREEMENTS, AND CONTRACTS Contractor certifies compliance with all applicable standards, orders, regulations, and/or requirements issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act, as amended (13 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.
ARTICLE 31: COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT Contractor certifies that Contractor will be in compliance with 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 (Pub. L. 94-163, 89 Stat. 871).
DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 Fire Apparatus and Related Vehicles
Request For Proposal
HGACBuy/Cooperative Purchasing Program
07230
Project ID: FS12-23
Release Date: Wednesday, July 26, 2023
· Due Date: Thursday, September 14, 2023 12:00pm
Posted Wednesday, July 26, 2023 7:00am
Bid Unsealed Thursday, September 14, 2023 12:05pm
Pricing Unsealed Thursday, September 14, 2023 12:05pm
4. Specifications/Categories/Scope of Work
This is an indefinite quantity/indefinite delivery offerings contract. The HGACBuy Customer is responsible to ensure adequate competition is performed between the various contractors or contractors outside of HGACBuy to determine price reasonableness that might be required per any funding agency. Customer will need to ensure compliance with any funding agency requirements before proceeding with a purchase order under this contract. Please consult legal counsel regarding questions concerning compliance as a contractor under this solicitation.
4.1. Overview
H-GAC is soliciting responses for selecting qualified manufacturers, dealers, distributors, and service providers of Fire Apparatus and Other Special Service Vehicles and related services to make these types of products and services available to Customers of the HGACBuy Cooperative Purchasing Program under blanket type contracts.
Customers (end users) may require selective acquisitions of equipment and/or services OR full turnkey projects necessitating additional services, training, and maintenance agreements. H-GAC is seeking the broadest possible selection of available fire apparatus and special service vehicles to best serve our customers by providing the largest selection of products/services available to meet their needs. This solicitation may include a request for a discount percent off price catalog, category, or manufacturer, or price list for supplies, materials, or not to exceed hourly rates for installation or repair. Respondents are not required to provide offerings on all categories. Please note: awarded contracts for FS12-23 allow contractors to update their manufacturer pricing and product offerings at any time during the course of the four-year contract term.
4.2. Categories
This Solicitation is divided into twelve (12) separate but related product categories (A-L). When submitting a response, Respondent may choose to submit a response to any of the categories or all of them. No additional weighted value will be assigned to a response that addresses more than one or all categories listed. All equipment must be the manufacturer’s new and current model and must be fully operational upon delivery to the Customer.
This solicitation does not include ambulances - please see HGACBuy Contract AM10-20 and AM10-23.
Alternative Fuel Vehicles: All responses that include electric, hybrid, or other alternative fuel vehicles must include these vehicles in Category I. If that specific vehicle is also available with an internal combustion engine (ICE), DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 please list the ICE vehicle separately in the appropriate vehicle category. Category I will only include the alternative fuel vehicles, regardless of vehicle function or type.
Product categories are as follows:
A. Wildland Fire Apparatus - Brush Fire, Off-Road Tenders/Tankers, Crew Carriers, Slip-in Units, etc.
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, type/function, model, chassis (make and model), cab configuration, 2WD/4WD, and fuel type, and tank and pump.
B. Aerial Fire Apparatus - Boom/Platform, Ladder, Ladder/Platform, etc.
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, model, chassis, aerial category/construction, aerial functions, cab types, and axle configurations.
C. Pumper Fire Apparatus
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, model, chassis, cab types, axle configurations, tank capacities/construction, and pump capacity/position.
D. Pumper-Tanker/Tanker/Tender Fire Apparatus
Response listings/descriptions must be organized by major sub-categories, which include Manufacturer, model, chassis, cab types, axle configurations, tank capacities/construction, and pump capacity/position.
E. Aircraft Rescue & Fire-Fighting Vehicles (ARFF)
Response listings/descriptions must be organized by major sub-categories including Manufacturer, model, chassis, cab types, axle configurations, and by Class Types 1-5.
F. Special Service Apparatus – Rescue/Fast Response, Re-Hab, Hazmat, Mobile Emergency Command/Communication Centers/Trailers, Light/Air Vehicle, Dive Response Vehicle, ATV/UTV Response Vehicles, Mobile Fire Pump Testers, etc.
Response listings/descriptions must be organized by Manufacturer, function, type, or purpose of the apparatus/vehicle, and include brief and concise details about the vehicle.
G. Fire Boats, Rescue Boats, Emergency Response Boats
Response listings/descriptions must be organized by major sub-categories including Manufacturer, type, function, size, and propulsion.
H. Fire Command Vehicles - Light, medium, and heavy-duty pickups and SUVs Response listings/descriptions must be organized by major sub-categories including Manufacturer, model, chassis, and 2WD/4WD, fuel type.
DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 I. Electric/Alternative Fuel Fire Apparatus
Response listings/descriptions must be organized by major sub-categories including Manufacturer, model, chassis, vehicle type, fuel/propulsion type, and function.
J. Fire Apparatus/Vehicle Service/Maintenance Plans
Response listings/descriptions must include plan details, including details about which fees are included in costs, and items such as labor rates, and fee structures.
K. Fire Apparatus/Vehicle Parts and Supplies
Response listing need only to include percentage discount.
L. Fire Apparatus/Vehicle Options
Please provide a complete listing or catalog of options, accessories, and loose equipment offered. Please clearly indicate if the options are model or vehicle specific, or only available for specific models or vehicles. Options must be clearly identified as upgrades or downgrades and clearly show the net effect to the price of the base model. (Please upload in Section 9.1.4 Required Documents.)
4.3. General Requirements
All products priced and sold pursuant to this Solicitation must, as applicable:
1. Meet all applicable requirements of federal, state and local laws and regulations.
2. Be manufacturer's normal offering with all standard features and functions and performance levels.
3. Be ready for turn-key operation upon delivery.
4. Respondent must include specifications, brochures, warranty information, and any other relevant product information with solicitation Response.
Note: “Unpriced/unpublished” options cannot be quoted on the Base Pricing List and may not be sold through this contract.
4.4. Additional Requirements
Licenses
1. Contractor must have and maintain the appropriate license(s) as required by the State of Texas, Department of Transportation, Department of Motor Vehicles, Motor Vehicle Commission Code [latest edition], or any other local, state and federal licenses required and which are applicable to the respondent’s operations.
2. The prescribed licenses must include the manufacturer/respondent, and any and all dealers and their representatives as may be required by the Motor Vehicle Department. Contractor must ensure all DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 emergency and specialty vehicles sold are in accordance with the laws of the state where the sale and acquisition are made.
3. Contractor must maintain all licensing required by the State of Texas as applicable to their business operations during the entire contract term. If during the contract period such licensing lapses, Contractor will be in default and become subject to contract termination unless issued a stay or waiver.
Manuals
1. Contractor must supply at the time of delivery, at least two (2) sets of complete operations and service documentation covering the completed emergency vehicles as delivered and accepted.
2. Respondent must supply the following information with their response: Technical Specifications, Product Brochures, Tear Sheets, Cut Sheets, Strippers, etc. which clearly show all the standard features and capabilities of each response listing.
Warranty
Contractors must comply with the minimum warranty and maintenance requirements described below for any products or services provided under this Solicitation.
1. Contractor must furnish with response, and for all equipment sold through this H-GAC contract, the manufacturer's general warranty, which must be honored by all the manufacturer's authorized service locations.
2. All service/maintenance plan listings must clearly indicate the cost structure for such plans, clearly indicating which costs and fees are included (such as: hourly labor rates, shop fees, supply fees, environmental fees).
3. The Contractor will handle all warranty claims and all work must be completed within ten (10) calendar days after receipt of equipment/vehicle by the Contractor without cost to H-GAC or the Customer. Delayed warranties must be available for all vehicles and equipment. Warranty start date will be effective the date that the completed unit is placed into service by the Customer. The Contractor must furnish a delayed warranty card/document for each unit delivered and/or advise the Customer of the procedures to be followed for obtaining the delayed start of warranty coverage. Requests for delayed warranties will not exceed six months after delivery.
4. Any and all documents necessary to effect manufacturer’s warranty must be properly applied for and submitted by the Contractor. The Contractor will provide to H-GAC and the Customer a manufacturer’s warranty which will be honored by any of the manufacturer’s authorized dealers and a complete copy must be provided at the time of delivery. When additional warranties are available as standard, they must be included as a part of the response for the benefit of H-GAC and Customer.
5. The patient compartment, all modifications to the OEM chassis by Contractor on the accepted unit, and equipment and parts will be guaranteed for a minimum period of one (1) year against defects in design, DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 materials, and workmanship. The warranty period will begin upon final acceptance of the equipment. This warranty will cover parts and labor expenses.
6. In the event any component part of equipment or materials furnished under these specifications, or its subsequent contract(s), becomes defective by reason of material or workmanship during said period, and the end user agency immediately notifies Contractor of such defect, Contractor will, at no expense to the End User agency or H-GAC, repair or replace equipment or component with new equipment or component.
7. Warranty of all system equipment is the sole responsibility of the Contractor under contract, but may be performed by their certified, designated agent.
4.5. Vehicle Requirements
All equipment and vehicles must be new and be the manufacturer’s latest and current model. Each vehicle must be fully assembled, adjusted, serviced and ready for immediate and continuous operation upon delivery. If the equipment or vehicle does not meet the specification requirements upon delivery, Contractor will be responsible for correcting all deficiencies and making any corrections or adjustments needed to attain specification requirements.
All equipment and vehicles must conform to applicable local, state, federal requirements and must comply to all applicable industry standards including National Fire Protection Association (NFPA), Department of Transportation, United States Coast Guard (USCG), and Occupational Safety and Health Administration (OSHA).
4.6. Service / Maintenance Plans and Parts
All service/maintenance plan listings must clearly indicate the cost structure for such plans, including which costs and fees are included (ex: hourly labor rates, shop fees, supply fees, environmental fees).
4.7. Labor Hours Definitions
If the awarded contract contains hours for labor related services, the following definitions will apply:
1. “Business Day” Monday through Friday
2. “Business Hours” Standard Business Hours 8 a.m. to 5 p.m.
3. “Regular Time” Work that occurs during standard business hours
4. “Emergency Time” Work that occurs outside standard business hours
4.8. Administrative Fee
For each purchase order processed under an awarded contract, H-GAC will directly invoice the contractor an administrative fee (Order Processing Charge) applicable to the sale of all equipment and services submitted in contractor’s response. It is the contractor’s responsibility to remit the administrative fee within thirty (30) days of processing any customer’s purchase order, even if an invoice is not received from H-GAC. Contractor agrees that H-GAC will have the right, with reasonable notice, to inspect its records pertaining to purchase orders processed and the accuracy of the fees payable to H-GAC. For this solicitation the administrative fee is as follows:
DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 Administrative Fee (per Purchase Order)
Category A – Brush Trucks/Light Rescue $1,000 per purchase order Category B – Aerial Fire Apparatus $2,000 per purchase order Category C – Pumper Fire Apparatus $2,000 per purchase order Category D – Pumper/Tanker and Tanker Apparatus $2,000 per purchase order Category E – ARFF Apparatus $2,000 per purchase order
Category F – Special Service Vehicles
Heavy Rescue*/Special Service $2,000 per purchase order Light Rescue/Quick Response $1,000 per purchase order
All Trailers 2% of purchase order
*Heavy Rescue is vehicle with GVWR of 26,000 and above.
Category G –Fire/Rescue/Emer. Response Boats 2% of purchase order Category H - Fire Command Vehicles $1,000 per purchase order Category I - Alternative Fuel Vehicles Fee determined by category of vehicle Category J –Service/Maintenance Plans 2% per purchase order Category K - Fire Apparatus/Vehicle Parts and Supplies 2% per purchase order Category L - Fire Apparatus/Vehicle Options No separate fee - part of vehicle
4.9. Final Contract Deliverables
Contractor agrees to submit written quarterly reports to H-GAC detailing all transactions during the previous three (3) month period. Reports must include, but are not limited, to the following information:
• Customer Name and address
• HGACBuy confirmation number
• Product/Service purchased
• Customer Purchase Order Number
• Purchase Order Date
• Product/Service dollar amount
• HGACBuy Order Processing Charge amount
DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 Reports must be provided to H-GAC in Excel or other acceptable electronic format by the 30th day of the month following the quarter being reported. If Contractor defaults in providing Products or Services reporting as required by the contract, recourse may be exercised through cancellation of the contract and other legal remedies as appropriate.
--End of section--
DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 Manufacturer Product Item Description Offered List Price HGACBuy Discount
Spartan Fire, LLC ERV Wildland Type III ERV Star Wildland Type III, Freightliner Chassis (4dr), Single Axle, 500 Gal Tank, 500 GPM Pump PTO Pump $570,119 3%
Spartan Fire, LLC ERV WUI ERV Star Wildland Urban Interface, MetroStar Chassis, Single Axle, 750 Gal Tank, 1250 GPM Pump $720,838 5%
Spartan Fire, LLC Smeal 77' Aerial - Single
Axle
Smeal 77' Rear Mount Aerial Ladder, MetroStar Chassis, Single Axle, 400 Gal Tank, 1500 GPM Pump $1,169,886 5%
Spartan Fire, LLC Smeal 77' Aerial - Tandem
Axle
Smeal 77' Rear Mount Aerial Ladder, MetroStar Chassis, Tandem Axle, 500 Gal Tank, 1500 GPM Pump $1,341,302 5%
Spartan Fire, LLC Smeal 100' Aerial Smeal 100' Rear Mount Aerial Ladder (UT), Gladiator Chassis, Tandem Axle, 500 Gal Tank, 1500 GPM Pump $1,497,129 5%
Spartan Fire, LLC Smeal 107' Aerial Smeal 107' Rear Mount Aerial Ladder, Gladiator Chassis, Tandem Axle, 500 Gal Tank, 1500 GPM Pump $1,479,854 5%
Spartan Fire, LLC Smeal 125' Aerial Smeal 125' Rear Mount Aerial Ladder, Gladiator Chassis, Tandem Axle, 400 Gal Tank, 1500 GPM Pump $1,615,010 5%
Spartan Fire, LLC Smeal 85' MMPL Smeal 85' Mid Mount Platform, Gladiator Chassis, Tandem Axle, 300 Gal Tank, 1500 GPM Pump $1,763,403 5%
Spartan Fire, LLC Smeal 100' MMPL Smeal 100' Mid Mount Platform, Gladiator Chassis, Tandem Axle, 300 Gal Tank, 1500 GPM Pump $1,865,619 5%
Spartan Fire, LLC Smeal 100' RMPL Smeal 100' Rear Mount Platform, Gladiator Chassis, Tandem Axle, 400 Gal Tank, 1500 GPM Pump $1,630,103 5%
Spartan Fire, LLC LT 54' Squrt LT 54' Squrt, MetroStar Chassis, Single Axle, 500 Gal Tank, 1500 GPM Pump $1,278,105 5% Spartan Fire, LLC LT 75' Aerial LT 75' Rear Mount Aerial Ladder, MetroStar Chassis, Single Axle, 500 Gal Tank, 1500 GPM Pump $1,310,945 5%
Spartan Fire, LLC LT 110' Aerial (NQ) LT 110' Rear Mount Aerial Ladder (Non-Quint), Gladiator Chassis, Tandem Axle, No Pump/No Tank $1,508,088 5%
Spartan Fire, LLC LT 110' Aerial (Q) LT 110' Rear Mount Aerial Ladder (Quint), Gladiator Chassis, Tandem Axle, 500 Gal Tank, 2000 GPM Pump $1,640,234 5%
Spartan Fire, LLC LT 110' NXT Aerial LT 110' NXT Rear Mount Aerial, Gladiator Chassis, Tandem Axle, 500 Gal Tank, 1500 GPM Pump $1,697,889 5%
Spartan Fire, LLC LT 100' TDA LT 100' Tractor Drawn Aerial, No Waterway $1,945,255 5% Spartan Fire, LLC LT 105' TDA LT 105' Tractor Drawn Aerial, Waterway $2,018,584 5% Spartan Fire, LLC LT 93' MMPL LT 93 Mid Mount Platform, Gladiator Chassis, Tandem Axle, No Pump/No Tank $2,022,916 5% Spartan Fire, LLC Smeal Pumper Smeal Custom Pumper, MetroStar Chassis, Single Axle, 750 Gal Tank, 1500 GPM Pump
$726,907 5%
Spartan Fire, LLC ERV Legend SM FC94 ERV Legend Side Mount Pumper, FC-94 Chassis (4dr), Single Axle, 500 Gal Tank, 1250 GPM Pump $539,073 3%
Spartan Fire, LLC ERV Legend TM FC94 ERV Legend Top Mount Pumper, FC-94 Chassis (2dr), Single Axle, 500 Gal Tank, 1250 GPM Pump $553,322 3%
Spartan Fire, LLC ERV Star NXT ERV Star NXT Pumper, MetroStar Chassis, Single Axle, 750 Gal Tank, 1500 GPM Pump
$773,925 3%
Spartan Fire, LLC ERV Star SM FC94 ERV Star Side Mount Pumper, FC-94 Chassis (4dr), Single Axle, 500 Gal Tank, 1250 GPM Pump $572,637 5%
Attachment A
Spartan Fire, LLC
Fire Apparatus and Related Vehicles
Contract No.: FS12-23
Category A - Wildland and Brush Vehicle
Category B - Aerial Fire Apparatus
Category C - Pumper Fire Apparatus
1 DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32 Spartan Fire, LLC ERV Star RM ERV Star Rear Mount Pumper, MetroStar Chassis, Single Axle, 500 Gal Tank, 1250 GPM Pump $727,256 5%
Spartan Fire, LLC ERV Star SM ERV Star Side Mount Pumper, MetroStar Chassis, Single Axle, 750 Gal Tank, 1250 GPM Pump $690,529 5%
Spartan Fire, LLC ERV Star TM ERV Star Top Mount Pumper, MetroStar Chassis, Single Axle, 750 Gal Tank, 1250 GPM Pump $697,718 5%
Spartan Fire, LLC ERV Star Dryside-FC94 ERV Star Dryside Tanker, FC-94 Chassis (2dr), Tandem Axle, 3000 Gal Tank, 1250 GPM Pump $651,819 3%
Spartan Fire, LLC ERV Star Wetside FC94 ERV Star Wetside Tanker, FC-94 Chassis (2dr), Tandem Axle, 2500 Gal Tank, 500 GPM Pump $680,207 3%
Spartan Fire, LLC ERV Star Dryside ERV Star Dryside Tanker, MetroStar Chassis, Tandem Axle, 2000 Gal Tank, 1250 GPM Pump $749,995 5%
Spartan Fire, LLC ERV Star Elliptical FC94 ERV Star Elliptical Tanker, FC-94 Chassis (2dr), Tandem Axle, 3000 Gal Tank, 750 GPM Pump $732,233 3%
Spartan Fire, LLC ERV Star Walk Around ERV Star Walk Around Rescue, MetroStar Chassis, Single Axle $607,338 5% Spartan Fire, LLC SVI Heavy Rescue, Hazmat SVI Heavy Rescue, Hazmat, MetroStar Chassis, Tandem Axle, Front Walk-In, 24' $1,017,149 2% Spartan Fire, LLC SVI Heavy Rescue, Walk
Around SVI Heavy Rescue, MetroStar Chassis, Tandem Axle, Walk Around, 24', Tandem $825,419 2% Spartan Fire, LLC SVI Heavy Rescue, Walk
Through SVI Heavy Rescue, MetroStar Chassis Tandem Axle, Walk Through, 26', Tandem $1,031,456 2% Spartan Fire, LLC REV Vector
REV Custom Pumper, REV Chassis, Single Axle, 500 Gal Tank, 1250 GPM Pump, Fully Electric $1,954,840 0%
Category F - Special Service Vehicles
Category I - Electric / Alternative Fuel
Category D - Pumper-Tanker/Tender
2 DocuSign Envelope ID: DE770B4E-ACF5-4C5A-A22A-1EE3F2FCAC32
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Brandon Pursell, Jr. & City Council
REPORT FROM: John Binaski, Fire Chief REVIEWED BY: AJH
AGENDA ITEM: Fire Department Intergovernmental Transfer Agreement Execution Recitals
ACTION REQUESTED: ___Ordinance ____Resolution √ Motion ______Receive/File
EXECUTIVE SUMMARY
The City of Kingsburg as part of its ambulance billing participates in the Intergovernmental Transfer (IGT) program along with many other publicly funded ambulances throughout the state. This agreement allows for additional reimbursements to cover the costs of providing treatment and ambulance transport for patients who are covered with the federal and state programs of Medicaid/Medi-Cal from Anthem Blue Cross and CalViva. The program works by the city reimbursing the state and federal government for the funds they have already paid and then sending the original amount plus additional funds to cover more of the actual costs for treatment and ambulance transport of Medi-Cal patients.
These contracts allow the Kingsburg Fire Department to pay monies into the IGT program, which is overseen by the Department of Health Care Services (DHCS). By authorizing the IGT investment it allows the monies to be sent to the federal government and then the city will receive monies afterward in the form of net new revenue from the IGT agreements. Each year these contracts must be renewed as a matter of usual and customary business between the Department of Health Care Services (DHCS) and the Kingsburg Fire Department Ambulance.
These agreements cover January 1, 2023 through December 31, 2025 with DHCS, Cal Viva and Anthem Blue Cross. It is updated with new costs and reimbursements annually, which required it to be signed every year by the City of Kingsburg and DHCS to allow the entities listed above to reimburse the city for costs associated with providing service for Medi-Cal Based ambulance runs.
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve the Fire Department Contracts between DHCS and City of Kingsburg and authorize the city manager or fire chief to sign the attached agreements.
POLICY ALTERNATIVE(S)
1. Council could choose to not support the signing of the contracts; however, this would cause an estimated reduction in funding for the ambulance of approximately 20% of its overall billing reimbursements.
REASON FOR RECOMMENDATION/KEY METRIC
1. Community Safety
2. Financial Stability
Meeting Date: 08/07/2024
Agenda Item: 5.4
FINANCIAL INFORMATION
FINANCIAL SUMMARY
None
PRIOR ACTION/REVIEW
These agreements have been in place for more than 5 years and are renewed every year.
BACKGROUND INFORMATION
These agreements are usual and customary for the financial solvency of the Fire Department Ambulance Enterprise.
ATTACHMENTS
1. IGT Agreement between DHCS and City of Kingsburg.
2. IGT Health Plan Provider Agreement with CalViva
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 320 – Ambulance Enterprise
CONTRACT # IGT-23-0009
1 Template Version - 3/2024
INTERGOVERNMENTAL AGREEMENT REGARDING
TRANSFER OF PUBLIC FUNDS
This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (“DHCS”) and CITY OF KINGSBURG (“GOVERNMENTAL FUNDING ENTITY”) with respect to the matters set forth below.
The parties agree as follows:
AGREEMENT
1. Transfer of Public Funds
1.1 The GOVERNMENTAL FUNDING ENTITY agrees to make a transfer of funds to DHCS pursuant to sections 14164 and 14301.4 of the Welfare and Institutions Code.
The amount transferred shall be based on the sum of the applicable rate category per member per month (“PMPM”) contribution increments multiplied by member months, as reflected in Exhibit
1. The GOVERNMENTAL FUNDING ENTITY agrees to initially transfer amounts that are calculated using the Estimated Member Months in Exhibit 1, which will be reconciled to actual enrollment for the service period of January 1, 2023 through December 31, 2023 in accordance with Sub-Section 1.3 of this Agreement. The funds transferred shall be used as described in SubSection 2.2 of this Agreement. The funds shall be transferred in accordance with the terms and conditions, including schedule and amount, established by DHCS.
1.2 The GOVERNMENTAL FUNDING ENTITY shall certify that the funds transferred qualify for Federal Financial Participation pursuant to 42 C.F.R. part 433, subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, Federal money excluded from use as State match, impermissible taxes, and non-bona fide provider- CONTRACT # IGT-23-0009
2 Template Version - 3/2024
related donations. Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding.
1.3 DHCS shall reconcile the “Estimated Member Months,” in Exhibit 1, to actual enrollment in HEALTH PLAN(S) for the service period of January 1, 2023 through December 31, 2023 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated enrollment figures become available.
Actual enrollment figures will be considered final two years after December 31, 2023. If reconciliation results in an increase to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, the GOVERNMENTAL FUNDING ENTITY agrees to transfer any additional funds necessary to cover the difference. If reconciliation results in a decrease to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, DHCS agrees to return the unexpended funds to the GOVERNMENTAL FUNDING ENTITY. If DHCS and the GOVERNMENTAL FUNDING ENTITY mutually agree, amounts due to or owed by the GOVERNMENTAL FUNDING ENTITY may be offset against future transfers.
2. Acceptance and Use of Transferred Funds
2.1 DHCS shall exercise its authority under section 14164 of the Welfare and Institutions Code to accept funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to this Agreement as Intergovernmental Transfer (IGTs), to use for the purpose set forth in Sub-Section 2.2.
2.2 The funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to Section 1 and Exhibit 1 of this Agreement shall be used to fund the non-federal share CONTRACT # IGT-23-0009
3 Template Version - 3/2024
of Medi-Cal Managed Care actuarially sound capitation rates described in section 14301.4(b)(4) of the Welfare and Institutions Code as reflected in the contribution PMPM and rate categories reflected in Exhibit 1. The funds transferred shall be paid, together with the related Federal Financial Participation, by DHCS to HEALTH PLAN(S) as part of HEALTH PLAN(S)’ capitation rates for the service period of January 1, 2023 through December 31, 2023, in accordance with section 14301.4 of the Welfare and Institutions Code.
2.3 DHCS shall seek Federal Financial Participation for the capitation rates specified in Sub-Section 2.2 to the full extent permitted by federal law.
2.4 The parties acknowledge that DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services.
2.5 DHCS shall not direct HEALTH PLAN(S)’ expenditure of the payments received pursuant to Sub-Section 2.2.
3. Assessment Fee
3.1 DHCS shall exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20 percent fee related to the amounts transferred pursuant to Section 1 of this Agreement, except as provided in Sub-Section 3.2. GOVERNMENTAL FUNDING ENTITY agrees to pay the full amount of that assessment in addition to the funds transferred pursuant to Section 1 of this Agreement.
3.2 The 20-percent assessment fee shall not be applied to any portion of funds transferred pursuant to Section 1 that are exempt in accordance with sections 14301.4(d) or 14301.5(b)(4) of the Welfare and Institutions Code. DHCS shall have sole discretion to determine the amount of the funds transferred pursuant to Section 1 that will not be subject to a CONTRACT # IGT-23-0009
4 Template Version - 3/2024
20 percent fee. DHCS has determined that $ 0.00 of the transfer amounts will not be assessed a 20 percent fee, subject to Sub-Section 3.3.
3.3 The 20-percent assessment fee pursuant to this Agreement is nonrefundable and shall be wired to DHCS simultaneously with the transfer amounts made under Section 1 of this Agreement. If at the time of the reconciliation performed pursuant to SubSection 1.3 of this Agreement, there is a change in the amount transferred that is subject to the 20-percent assessment in accordance with Sub-Section 3.1, then a proportional adjustment to the assessment fee will be made.
4. Amendments
4.1 No amendment or modification to this Agreement shall be binding on either party unless made in writing and executed by both parties.
4.2 The parties shall negotiate in good faith to amend this Agreement as necessary and appropriate to implement the requirements set forth in Section 2 of this Agreement.
5. Notices. Any and all notices required, permitted, or desired to be given hereunder by one party to the other shall either be sent via secure email or submitted in writing to the other party personally or by United States First Class, Certified or Registered mail with postage prepaid, addressed to the other party at the address as set forth below:
To the GOVERNMENTAL FUNDING ENTITY:
John Binaski, Interim Fire Chief
1460 Marion Street
Kingsburg, CA 93631
(559) 358-5443
[email protected]
CONTRACT # IGT-23-0009
5 Template Version - 3/2024
With copies to:
Rolinda Hernandez
[email protected]
Jason Silva, Consultant
(916) 329-8236
[email protected]
To DHCS:
Vivian Beeck
California Department of Health Care Services
Capitated Rates Development Division
1501 Capitol Ave., MS 4413
Sacramento, CA 95814
[email protected]
6. Other Provisions
6.1 This Agreement contains the entire Agreement between the parties with respect to the Medi-Cal payments described in Sub-Section 2.2 of this Agreement that are funded by the GOVERNMENTAL FUNDING ENTITY, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements between the GOVERNMENTAL FUNDING ENTITY and DHCS relating to the subject matter of this Agreement. This Agreement is not, however, intended to be the sole agreement between the parties on matters relating to the funding and administration of the MediCal program. This Agreement shall not modify the terms of any other agreement, existing or entered into in the future, between the parties.
6.2 The non-enforcement or other waiver of any provision of this Agreement shall not be construed as a continuing waiver or as a waiver of any other provision of this Agreement.
CONTRACT # IGT-23-0009
6 Template Version - 3/2024
6.3 Sections 2 and 3 of this Agreement shall survive the expiration or termination of this Agreement.
6.4 Nothing in this Agreement is intended to confer any rights or remedies on any third party, including, without limitation, any provider(s) or groups of providers, or any right to medical services for any individual(s) or groups of individuals. Accordingly, there shall be no third party beneficiary of this Agreement.
6.5 Time is of the essence in this Agreement.
6.6 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. Any required signature(s) on any documents must be in compliance with California Government Code section 16.5 and any other applicable state or federal regulations.
7. State Authority. Except as expressly provided herein, nothing in this Agreement shall be construed to limit, restrict, or modify the DHCS’ powers, authorities, and duties under Federal and State law and regulations.
8. Approval. This Agreement is of no force and effect until signed by the parties.
9. Term. This Agreement shall be effective as of January 1, 2023 and shall expire as of June 30, 2026 unless terminated earlier by mutual agreement of the parties.
CONTRACT # IGT-23-0009
7 Template Version - 3/2024
SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last signature below.
City of Kingsburg:
By: Date: _______________________
(Funding Entity Signer)
THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES:
By: Date: _______________________
David Bishop, Division Chief, Capitated Rates Development Division CONTRACT # IGT-23-0009
8 Template Version - 3/2024
Exhibit 1
Health Plan Funding Entity County Service Period Participation % CalViva Health City of Kingsburg Fresno 1/2023 - 12/2023 2.00% Category of Aid SIS/UIS Contribution
PMPM
Estimated Member
Months*
Estimated
Contribution (NonFederal Share)
Child SIS $ 0.06 1,699,587 $ 101,975
Child UIS $ 0.02 39,618 $ 792
Adult SIS $ 0.14 698,293 $ 97,761
Adult UIS $ 0.10 145,199 $ 14,520
ACA Optional Expansion SIS $ 0.03 1,012,025 $ 30,361
ACA Optional Expansion UIS $ 0.02 119,655 $ 2,393
SPD SIS $ 0.45 226,451 $ 101,903
SPD UIS $ 0.39 20,052 $ 7,820
SPD/Full-Dual SIS $ 0.12 247,522 $ 29,703
SPD/Full-Dual UIS $ 0.07 869 $ 61
LTC SIS $ 2.05 222 $ 455
LTC UIS $ 0.44 262 $ 115
LTC/Full-Dual SIS $ 1.36 4,021 $ 5,469
LTC/Full-Dual UIS $ - - $ -
Est. FE Total 4,213,776 $ 393,328
Health Plan Funding Entity County Service Period Participation % Anthem Blue Cross City of Kingsburg Fresno 1/2023 - 12/2023 2.69% Category of Aid SIS/UIS Contribution
PMPM
Estimated Member
Months*
Estimated
Contribution (NonFederal Share)
Child SIS $ 0.08 633,978 $ 50,718
Child UIS $ 0.03 14,565 $ 437
Adult SIS $ 0.15 271,452 $ 40,718
Adult UIS $ 0.13 41,380 $ 5,379
ACA Optional Expansion SIS $ 0.04 561,488 $ 22,460
ACA Optional Expansion UIS $ 0.03 45,491 $ 1,365
SPD SIS $ 0.47 104,033 $ 48,896
SPD UIS $ 0.41 10,210 $ 4,186
SPD/Full-Dual SIS $ 0.16 181,181 $ 28,989
SPD/Full-Dual UIS $ 0.09 590 $ 53
LTC SIS $ 2.74 267 $ 732
LTC UIS $ 0.58 145 $ 84
LTC/Full-Dual SIS $ 1.84 3,943 $ 7,255
LTC/Full-Dual UIS $ 0.05 18 $ 1
Est. FE Total 1,868,741 $ 211,273
CONTRACT # IGT-23-0009
9 Template Version - 3/2024
* Note that Estimated Member Months are subject to variation, and the actual total Contribution (Non-Federal Share) may differ from the amount listed here. * FMAP is a weighted blend of multiple FMAPs.
City of Kingsburg and CalViva 2023 Rate Range Health Plan/Provider Agreement
HEALTH PLAN-PROVIDER AGREEMENT
AGREEMENT TO IMPLEMENT THE 2023 RATE RANGE IGTS
This Agreement is made this ___ day of _______ 2024, by and between the Fresno-Kings-Madera Regional Health Authority dba CalViva Health, a Medi-Cal Managed Care Plan hereinafter referred to as "PLAN", and City of Kingsburg, acting through its Fire Department, hereinafter referred to as "PROVIDER."
RECITALS:
WHEREAS, CalViva Health licensed under Health and Safety Code Section 1349 et seq. has a contract with the State Department of Health Care Services (DHCS) pursuant to Welfare and Institutions Code Section 14087.3 to act as a Medi-Cal managed care plan and CalViva Health has contracted with Health Net Community Solutions, Inc., (HNCS) which is a subsidiary of Health Net, Inc., which is a wholly owned subsidiary of Centene Corporation, to fulfill its responsibilities for the provision of Medi-Cal covered services for eligible Medi-Cal members. For purposes of this Agreement, Centene Corporation, Health Net of California, Inc., Health Net Community Solutions, Inc. and CalViva Health shall collectively be referred to as “PLAN”;
WHEREAS, PROVIDER is an incorporated City whose Fire Department provides emergency response and ambulance transport to Plan members; and WHEREAS, PLAN and PROVIDER desire to enter into an Agreement to provide for Medi-Cal managed care capitation rate increases to PLAN as a result of intergovernmental transfers (“IGTs”) from City of Kingsburg (GOVERNMENTAL FUNDING ENTITY) to the California Department of Health Care Services (“State DHCS”) to maintain the availability of Medi-Cal health care services to Medi-Cal beneficiaries.
NOW, THEREFORE, PLAN and PROVIDER hereby agree as follows:
Calendar Year 2023 IGT MEDI-CAL MANAGED CARE CAPITATION RATE RANGE
INCREASES
1. IGT Capitation Rate Range Increases to PLAN
A. Payment
Should PLAN receive any Medi-Cal managed care capitation rate increases from State DHCS where the nonfederal share is funded by the GOVERNMENTAL FUNDING ENTITY specifically pursuant to the provisions of the Intergovernmental Agreement Regarding Transfer of Public Funds, # 23-0009 (“Intergovernmental Agreement”) effective for the period of January 1, 2023 through December 31, 2023 for Intergovernmental Transfer Medi-Cal Managed Care Rate Range Increases (“IGT MMCRRIs”), PLAN shall pay to PROVIDER the amount of the IGT MMCRRIs received from State DHCS, in accordance with paragraph 1.E below City of Kingsburg and CalViva 2023 Rate Range Health Plan/Provider Agreement p. 2
regarding the form and timing of Local Medi-Cal Managed Care Rate Range (“LMMCRR”) IGT Payments. LMMCRR IGT Payments paid to PROVIDER shall not replace or supplant any other amounts paid or payable to PROVIDER by PLAN.
B. Health Plan Retention
(1) The PLAN shall retain a 2% administrative fee based on the total amount of the IGT received from DHCS for PLAN’s cost to administer this program. Each providers’ share of the 2% fee shall be calculated based on the providers’ respective proportionate share of the LMMCRR IGT payment made by PLAN for Fresno County.
(2) PLAN will not retain any other portion of the IGT MMCRRIs received from the State DHCS other than those mentioned above.
C. Conditions for Receiving Local Medi-Cal Managed Care Rate Range IGT Payments
As a condition for receiving LMMCRR IGT Payments, PROVIDER shall, as of the date the particular LMMCRR IGT Payment is due:
(1) Remain a participating PLAN provider;
(2) maintain its current emergency response and ambulance transport services for PLAN beneficiaries.
D. Schedule and Notice of Transfer of Non-Federal Funds The GOVERNMENTAL FUNDING ENTITY shall notify the PLAN within five business days after the District funds referred to in the Intergovernmental Transfer Agreement have been transferred to the State.
PROVIDER shall provide PLAN with a copy of the schedule regarding the transfer of funds to State DHCS, referred to in the Intergovernmental Agreement, within fifteen (15) calendar days of the PROVIDER receiving such schedule from the State DHCS.
Additionally, PROVIDER shall notify PLAN, in writing, no less than seven (7) calendar days prior to any changes to an existing schedule including, but not limited to, changes in the amounts specified therein.
City of Kingsburg and CalViva 2023 Rate Range Health Plan/Provider Agreement p. 3
E. Form and Timing of Payments
PLAN agrees to pay LMMCRR IGT Payments to PROVIDER in the following form and according to the following schedule:
(1) PLAN agrees to pay the LMMCRR IGT Payments to PROVIDER using the same mechanism through which compensation and payments are normally paid to PROVIDER (e.g., electronic transfer). After paying any required taxes and retaining the PLAN’s administrative fee, as shown in Section B above, PLAN will pay PROVIDER a percent of the remaining LMMCRR IGT payment equal to the PROVIDER’s contribution as a percent of total local provider contributions.
(2) PLAN will pay the LMMCRR IGT Payments to PROVIDER no later than sixty (60) calendar days after receipt of the IGT MMCRRIs from State DHCS.
F. Consideration
(1) As consideration for the LMMCRR IGT Payments, PROVIDER shall (2) use the LMMCRR IGT Payments for the following purposes and shall treat the LMMCRR IGT Payments in the following manner:
(a) The LMMCRR IGT Payments shall represent compensation for Medi-Cal services rendered to Medi-Cal PLAN members by PROVIDER during the State fiscal year to which the LMMCRR IGT Payments apply.
(b) To the extent that total payments received by PROVIDER for any State fiscal year under this Agreement exceed the cost of Medi-Cal services provided to MediCal beneficiaries by PROVIDER during that fiscal year, any remaining LMMCRR IGT Payment amounts shall be retained by PROVIDER to be expended for health care services. Retained LMMCRR IGT Payment amounts may be used by the PROVIDER in either the State fiscal year for which the payments are received or subsequent State fiscal years. (2) For purposes of subsection (1) (b) above, if the retained LMMCRR IGT Payments, if any, are not used by PROVIDER in the State fiscal year received, retention of funds by PROVIDER will be established by demonstrating that the retained earnings account of PROVIDER at the end of any State fiscal year in which it received payments based on LMMCRR IGT Payments funded pursuant to the Intergovernmental Agreement, has increased over the unspent portion of the prior State fiscal year’s balance by the amount of LMMCRR IGT Payments received, but not used. These retained PROVIDER funds may be commingled with other GOVERNMENTAL FUNDING ENTITY funds for cash management purposes provided that such funds are appropriately tracked and only the depositing facility is authorized to expend them.
(3) Both parties agree that none of these funds, either from the GOVERNMENTAL FUNDING ENTITY or federal matching funds will be recycled back to the GOVERNMENTAL FUNDING ENTITY’S general fund, the State, or any other intermediary City of Kingsburg and CalViva 2023 Rate Range Health Plan/Provider Agreement p. 4
organization. Payments made by the health plan to providers under the terms of this Agreement constitute patient care revenues.
G. PLAN’s Oversight Responsibilities
PLAN’s oversight responsibilities regarding PROVIDER’s use of the LMMCRR IGT Payments shall be limited as described in this paragraph. PLAN may request, within thirty (30) calendar days after the end of each State fiscal year in which LMMCRR IGT Payments were transferred to PROVIDER, a written confirmation that states whether and how PROVIDER complied with the provisions set forth in Paragraph 1.F above. In each instance, PROVIDER shall provide PLAN with written confirmation of compliance within thirty (30) calendar days of PLAN’s request.
H. Cooperation Among Parties
Should disputes or disagreements arise regarding the ultimate computation or appropriateness of any aspect of the LMMCRR IGT Payments, PROVIDER and PLAN agree to work together in all respects to support and preserve the LMMCRR IGT Payments to the full extent possible on behalf of the safety net in Fresno County.
I. Reconciliation
Within one hundred twenty (120) calendar days after the end of each of PLAN’s fiscal years in which LMMCRR IGT Payments were made to PROVIDER, PLAN shall perform a reconciliation of the LMMCRR IGT Payments transmitted to the PROVIDER during the preceding fiscal year to ensure that the supporting amount of IGT MMCRRIs were received by PLAN from State DHCS. PROVIDER agrees to return to PLAN any overpayment of LMMCRR IGT Payments made in error to PROVIDER within thirty (30) calendar days after receipt from PLAN of a written notice of the overpayment error, unless PROVIDER submits a written objection to PLAN. Any such objection shall be resolved in accordance with the dispute resolution processes set forth in Section H. of this Agreement or otherwise in good faith by the parties. The reconciliation processes established under this paragraph are distinct from the indemnification provisions set forth in Section J. below. PLAN agrees to transmit to the PROVIDER any underpayment of LMMCRR IGT Payments within thirty (30) calendar days of PLAN’s identification of such underpayment.
J. Indemnification
PROVIDER agrees to indemnify and hold PLAN harmless in all matters relating to the IGT request, subsequent payment and use of such funds.
City of Kingsburg and CalViva 2023 Rate Range Health Plan/Provider Agreement p. 5
K. Remittance Information
The IGT-funded payments made by the PLAN pursuant only to this Agreement, shall be mailed to the PROVIDER at the address set forth below:
John Binaski, Fire Chief
City of Kingsburg Fire Department
1460 Marion St., PO Box 2
Kingsburg, CA 93631
Phone 559-897-6531; Email: [email protected]
2. Term
The term of this Agreement shall commence on January 1, 2023 and shall terminate on December 31, 2025.
SIGNATURES
BY HEALTH PLAN: ______________________________________ Date: ____________ Jeffrey Nkansah, Chief Executive Officer, CalViva Health BY PROVIDER: ______________________________________ Date: _____________ John Binaski, Fire Chief, City of Kingsburg
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: John Binaski, Fire Chief REVIEWED BY: AP
AGENDA ITEM: Sole Source Purchase – Freightliner Ambulance ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
Staff requests the City Council to approve the sole-source purchase of one 2026 Freightliner Ambulance as per the Kingsburg Fire Department’s apparatus specifications and pay the required $100,000 deposit. This purchase would place one new fire ambulance in service in 2026 and replace one of the aged-out reserve fire ambulances. Funding is in the current fiscal year 2024/25 Capital Improvement budget.
The city also has a possible Federal earmark for the purchase of an ambulance. If those funds are successfully secured, they will be utilized to supplement final purchasing.
RECOMMENDED ACTION BY CITY COUNCIL
1. The city council to authorize a sole-source purchase and waive formal bidding for the purchase of a Freightliner Ambulance from Excellence, Inc. in the amount of $360,443.24
POLICY ALTERNATIVE(S)
1. Not to purchase the ambulance and go out to bid at a later date, which would result in an approximate 10% increase as a result of inflation.
STRATEGIC GOAL(S) MET:
1. Community Safety
FINANCIAL INFORMATION
BACKGROUND INFORMATION
Kingsburg Fire Department currently has three fire ambulances manufactured by Excellence, Inc. The last fire ambulance was purchased in 2021 and the department’s oldest ambulance is 14 years old. The department has one reserve ambulance and two front line ambulances. The reserve ambulance is to serve when the primary apparatus is out-of-service for maintenance or repair. This is in compliance with national standards for fire service fleets.
Our standard for fleet replacement is to use apparatus for ten years as frontline service apparatus and then place them in reserve for approximately five years, in order to receive a fifteen-year total service life. This requires the department to purchase a fire ambulance at minimum every five years.
Meeting Date: 08/07/2024
Agenda Item: 5.5
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 2024-2025 Capital Improvement Budget
Purchasing via sole-source is based on the characteristics of the ambulance. This purchase will provide standardization of the chassis, which allows for more efficient training and reduces fleet maintenance and inventory costs. This sole-source purchase provides for a single source of warranty work and part ordering.
Delivery of the ambulance is estimated for after July 2026. The total purchase price for one freightliner ambulance from Excellence, Inc is $360,443.24. Once the fire ambulance arrives it will be the responsibility fof the city to register the vehicle and pay all applicable fees along with sales tax. This is estimated at approximately $30,637.00.
ATTACHED INFORMATION
1. Finalized purchase contract with Excellence, Inc
AQ version 23.3
2/7/2024 13:48
Quote # : 2024.02.06
Quoted by: EDS
PRICE QUOTE, ORDER FORM and WORK ORDER Excellance unit #: TBD CUSTOMER: Kingsburg CA Fire Department " FILE NAME " : Type I EHD - FL M2 106 ADDRESS: Main Station DEALER: Factory Direct
1460 Marion Street
Kingsburg, CA. 93631 ADDRESS: 453 Lanier Road
TELEPHONE: 559.897.5457 CITY, STATE ZIP: Madison, AL. 35758 FAX: 559.897.6531 TELEPHONE: 800.882.9799 / 256.772.9321 E-MAIL: [email protected] FAX: 256.772.8792
TECHNICAL
CONTACT: Captain Kevin Clark SALESMAN: Edward "Ted" Seiler This person is authorized to make any changes to the vehicle and/or contract that may affect the final design, configuration, and cost of the unit. DATE GENERATED: 2024.02.06 1 SALES SUMMARY PROJECT MGR: Edward "Ted" Seiler
1 1
1 COST OF UNIT: $360,443.24
1 How "Cost of Unit" will be paid:
1 TRADE-IN CREDIT FOR USED UNIT: $0.00
1 DEPOSIT WITH ORDER: $0.00
1 BALANCE DUE UPON DELIVERY: $360,443.24
THIS ORDER IS VALID ONLY IF ACCEPTED BY BOTH PURCHASER AND EXCELLANCE WITHIN 60 DAYS OF: 2024.02.06 * REVIEW THIS DOCUMENT CAREFULLY. IT TAKES PRECEDENCE OVER ALL OTHER DOCUMENTS. * ANY ITEM NOT "SELECTED" ON THIS ORDER IS NOT INCLUDED IN THE PRICE FOR THE VEHICLE. * AFTER THIS ORDER HAS BEEN ACCEPTED BY EXCELLANCE, ALL CHANGES MUST BE APPROVED BY EXCELLANCE AND EACH CHANGE WILL BE ASSESSED A $250.00 ENGINEERING CHARGE. * ALL ENGINEERING DRAWINGS MUST BE INITIALED BY THE CUSTOMER BEFORE WORK IS BEGUN AND BEFORE PARTS WILL BE ORDERED BY EXCELLANCE.
1 1 STATUS OF THIS ORDER
( 1 ) A. This is an initial quote. An initial quote means this is simply being used as a worksheet 1 to generate a preliminary quote and it is not binding unless signed by an officer of Excellance. 1 ADDITIONAL TERMS AND CONDITIONS AT LINE # 3080 ARE INCORPORATED HEREIN BY REFERENCE. 1 APPROVED AND ACCEPTED BY:
CUSTOMER: DATE:
TITLE:
DATE: P. O. # :
SALESMAN: DATE:
This is not binding unless signed by an officer of Excellance.
EXCELLANCE, INC.
453 Lanier Rd., Madison, Alabama 35758
1-800-882-9799
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EXCELLANCE: DATE:
Line # TABLE OF CONTENTS
1 153 Instructions for using this Order Form
172 Credit for "Used" Trade-in Units
186 Manufacturing Credit
218 Discount for Deposit with Order
230 Discount for Multiple Units
237 Chassis: Standard Specifications
345 Special Options
382 Air Ride & Suspension Options
453 Tire / Wheel Options
492 Air Horn Options
552 Exterior Options
625 Interior Cab Options
660 Chassis Electrical System: Standard Specifications
687 Interior Cab Options
746 Modular Body: Standard Specifications
814 Options
870 Cab / Module Paint and Lettering: Standard Specifications 882 Paint Options
972 Reflective "Scotchlite" Striping Options
1031 Lettering Options
1053 Exterior Compartments: Standard Specifications
1088 Options
1491 Patient Compartment: Standard Specifications
1563 Options
1688 Bio-Hazard / Trash Containers: Options
1754 Seating / Upholstery: Options
1785 Floor Covering: Options
1808 Handrails / Mounting Brackets: Options
1825 Cot / Litter Mount: Options
1868 Module Electrical System: Standard Specifications
1901 Options
2049 125 VAC Electrical: Standard Specifications
2078 Shoreline Options
2142 125 VAC Options
2202 Scene and Exterior Lights: Standard Specifications 2212 Worklights / Floodlights / Spotlight: Options
2284 Turn Signal / Tail Lights: Options
2332 Emergency Visual Warning System: Options
2334 Front Light Bars
2377 Rear Light Bars
2419 Grill Lights / Intersection Lights: Options
2456 Other Visual Warning Systems: Standards & Options
2566 Miscellaneous Warning Lights: Options
2592 Emergency Audible Warning System: Options
2600 Siren Options
2618 Speaker Options
2653 Oxygen and Suction Systems: Standard Specifications 2657 Options
2713 Medical Air Systems Options
2742 Vacuum System Options
2782 HVAC Systems: Standard Specifications
2788 Options
2910 Fire Extinguisher: Options
2918 Loose Equipment to be provide by Excellance
2950 Dealer provided and/or installed items
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2970 Special Conditions & Requirements of Customer
2996 Customer Supplied Parts
3008 Factory Paid Transportation
3051 Payment Terms
3055 Performance Bond
3066 Checklist
3080 Additional Terms and Conditions for this Order
3145 Important Information regarding Chassis
Attachments (Engineering Drawings)
235 1
236 1
237 1 CHASSIS: STANDARD SPECIFICATIONS
238 1
239 1 The chassis model year shall be: 2025 or Newer
240 1
241 1 The chassis engine shall be a diesel - powered engine. 1.00 243 ( 1 ) The cab for the chassis will be ordered using the following paint color code: L2484EY Red Elite 252 ( 1 ) The chassis will be SUPPLIED BY EXCELLANCE. Customer FIN code:
253 1 Note: Excellance is entitled to OEM concessions on any chassis supplied by Excellance. 318 1 EXTRA HEAVY DUTY CHASSIS
319 1
321 ( 1 ) EHD I - 96" x 166" box CA = 104" Conversion: 172,807.51 172,807.51 324 1 Input Chassis: 96,000.00 96,000.00
325 1 Specify model of EHD chassis here:
326 1 Model year: 2025 or Newer
327 1 Engine type:
328 1 Horsepower:
329 1 Transmission Type:
330 1 C.A. dimension: 104"
335 1
336 1 CUSTOMER NOTES / SPECIAL REQUESTS regarding chassis 337 1 > Note: The price for a Freightliner chassis included in this quote is estimated at 0.00 338 1 $96,000.00. The price is subject to change based on the actual price of the chassis at time of 0.00 339 1 placing the order. In the event the chassis price increases, Excellance Inc. will provide 0.00 340 1 documentation prior to requesting the increased cost. 0.00 341 1 > Chassis will be ordered, painted Freightliner Elite Red (L2484EY). 0.00 342 1 > Remove the curved tail-pipe extension and attach a straight pipe extension that extends 1" 433.50 343 1 beyond rub rail. 0.00
344 1
345 1 CHASSIS: SPECIAL OPTIONS Wholesale Extended
346 1 Price Price
347 1 The vehicle will be ready for delivery w/ electrical diagrams, cleaned, inspected, fuel tanks full, N/C 348 1 vehicle serviced, certified weight ticket, and copies of all warranties and owners manuals. 349 1 Air tanks installed by Excellance will have manual moisture relief valves. 371 1
372 1 CUSTOMER NOTES / SPECIAL REQUESTS
373 1 > Remove OEM cab steps and install grated step material; (2) steps per side. Also, install a 890.00 374 1 piece of vertical diamondplate, which shall attach to the top and bottom of each grated step. 0.00 381 1
382 1 CHASSIS: AIR RIDE & SUSPENSION OPTIONS
383 1
388 1 Note: Ping Tanks are NOT included with Suspension Systems unless noted. 417 ( 1 ) * Activate "dump" feature automatically when left rear door is open N/C 419 ( 1 ) Override switch at rear of module on curbside wall. N/C 426 1 * Suspension System installation includes "down" indicator light on front console. 429 1 * OEM air dump switch on dash to remain enabled unless otherwise specified in Customer Notes.
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442 1 CUSTOMER NOTES / SPECIAL REQUESTS
443 1 > Clarification #417: Activate "dump" feature when the RIGHT rear door is opened. 0.00 444 1 > Clarification: Air Dump system will be wired battery hot. 0.00 445 1 > Fabricate, Paint (yellow) and install a shield that will cover the 3 switch panel, located at the 195.90 446 1 rear of the module, curbside. The bracket will be approximately 3/4" in width and will prevent 0.00 447 1 against accidental contact or damage. 0.00
451 1
453 1 CHASSIS: TIRE / WHEEL OPTIONS Wholesale Extended
454 1 Price Price
455 1 OEM Steel-belted All-Weather Radial tires per chassis specifications N/C 456 1
457 ( 1 ) * There is no spare tire for this ambulance chassis. 459 1
492 1 CHASSIS: AIR HORN OPTIONS 0 0 Wholesale Extended
493 1 Price Price
541 1
542 1 CUSTOMER NOTES / SPECIAL REQUESTS
543 1 > Chassis shall be pre-wired for left foot control by Freightliner to operate air horns. 0.00 544 1 > Chassis will be ordered with air horns. 0.00
551 1
552 1 CHASSIS: EXTERIOR OPTIONS Wholesale Extended
553 1 Price Price
567 ( 1 ) * Tow Eyes, chrome, rear (2) in recessed polished housings (without door) 844.78 844.78 607 ( 1 ) * Mud Flaps, 2 Rear N/C
613 1
614 1 CUSTOMER NOTES / SPECIAL REQUESTS
615 1 > Ref. #567: Secure tow eye housings with nuts and bolts ILO screws. 0.00 616 1 > Relocate Freightliner Fog Lights from under the front bumper to inside the cutout of the front 202.55 617 1 bumper. This will require the removal of the OEM grille inside the front bumper cutout. 0.00 622 1
625 1 CHASSIS: INTERIOR CAB OPTIONS Wholesale Extended
626 1 Price Price
639 ( 1 ) Freightliner: gray interior cab color is the only choice available. N/C 640 1
641 ( 1 ) Cab floorboard to have rubber matting N/C
657 1
658
660 1 CHASSIS ELECTRICAL SYSTEM: STANDARD SPECIFICATIONS N/C 661 1
662 ( 1 ) OEM auto-throttle, with on/off switch - EHD units only 663 1 Module disconnect power switch
668 1 OEM alternator(s) with internal regulator
671 1 Back-up alarm, reverse activated
685 1
687 1 CHASSIS ELECTRICAL SYSTEM: INTERIOR CAB OPTIONS Wholesale Extended 688 1 Price Price
690 ( 1 ) Floor mounted console on Type I and EHD units N/C 691 ( 1 ) * Enter number of spare switches to be installed in front console for future items 18.44 18.44 695 ( 1 ) * Map / Binder case mounted on floor in cab 855.50 855.50 696 1 Specify number of sections for map / binder case here: See Line 737 697 1 Specify width (in inches) between each partition here: See Line 737 700 ( 1 ) Map Light, Flex-head Littlelite with red lens (12" shaft) located on front console N/C 708 ( 1 ) Volt Meter with Dual USB port installed on console switch panel. N/C 710 1
724 ( 1 ) * Pro-Vision TV-205 rear camera system with 5" LCD flat screen 1,655.45 1,655.45 725 1 monitor on the cab console.
735 1
736 1 CUSTOMER NOTES / SPECIAL REQUESTS
737 1 > Ref. #695-697: Special design console with map/binder storage & locking storage. See unit 854.95 AQ Version 23.3 Page 4 of 16 2/7/2024 1:52 PM
738 1 #2668 0.00
739 1 > Install a spare red flashing indicator light on cab console. Shall be wired to the spare switch 131.20 740 1 on the console. Label as spare. 0.00
741 1 > Ref. #724: The monitor shall be installed in the cab headliner near the visors. 620.95 745 1
746 1 MODULAR BODY: STANDARD SPECIFICATIONS N/C
747 1
748 1 All aluminum modular ambulance body with 1/4-inch thick aluminum corner extrusions 751 ( 1 ) Module headroom shall be 72 inches for this unit. 753 1 All aluminum framework with special anti-corrosion barrier applied to all fasteners, hinges, and components 754 1 Aluminum exterior skin shall be .125" thick, attached by continuous welds at all seams and corners 755 1 Aluminum exterior roof skin shall be .125" thick aluminum 756 ( 1 ) * Tropical roof with .125" diamond-plate aluminum 2,801.75 2,801.75 757 1 3/4-inch thick composite floor with .063" aluminum subfloor insulated with Polystyrene foam planking 758 1 Install .125" thick Aluminum overlay to the top of the Coosa Board floor 759 1 * Truck-Lite part # 30286R 2-inch diameter lights to be used as… 760 ( 1 ) * Door-activated flashing red LED warning light on interior of side entry door 192.58 192.58 761 ( 1 ) * Door-activated flashing red LED warning light on interior of each rear door 385.15 385.15 762 1 3 module entry doors and all exterior compartment doors insulated with 2" Styrofoam planking 763 ( 1 ) Left rear door shall close with an automatic "slam latch" 764 1 2 key locking module entry door handles all keyed alike 765 ( 1 ) Curbside entry door equipped with gas shock and nylon restraint strap to reduce opening and closing force 769 1 Number of grabber / hold-open devices with gaskets: 2 on each rear entry door 770 1 Polished extruded aluminum drip rails over all module entry doors and exterior compartment doors 776 1 1 set aluminum diamondplate stone guards for front of unit 778 1 1 set diamondplate rub rails with aluminum tubular support & plastic spacers off body 779 1 2 aluminum wheelwells
780 ( 1 ) 1 set polished cast aluminum module fenderettes 783 1 1 diamondplate rear kick panel
786 ( 1 ) 10 body mounting 5/8" diameter Grade 8 bolts w/ heavy duty wear point spacers & outrigger supports 788 1 1 custom-made aluminum diamondplate rear bumper with the following features:
789 1 angled rear corners 0.00 0.00
790 1 folding step built into bumper
791 1 1 dock bumper(s) each side of bumper 0.00
793 1 Fixed window for each rear entry door. Specify size: 12" x 24" 796 ( 1 ) * Sliding curbside door window w/ screen. Size: 18" x 24" 169.16 169.16 798 1
799 1 * "Limo-style" glass. Location: Rear entry (2), R3 (1) 800 ( 3 ) * Enter number of windows for "Limo-style" glass (price is per window) 105.50 316.50 805 1 CUSTOMER NOTES / SPECIAL REQUESTS
806 1 > Clarification #759: Door activated lights will be Whelen OS Red LED (PN# 0SR00FCR). 0.00 807 1 > Ref. #783: Rear kick panel shall be an overlay & no wider than rear door width. 282.35 812 1
813 1 Wholesale Extended
814 1 MODULAR BODY: OPTIONS Price Price
815 1
829 ( 1 ) * EHD Type I: "Open" Walk-thru between cab and module (without sliding door) (374.55) (374.55) 832 ( 1 ) * Modify roof structure to add additional tubing allowing module ceiling to be a flat 1,647.00 1,647.00 833 1 surface. Center trough pad will be replaced with a painted cover panel. The roof 834 1 of the module will be double insulated.
856 1
857 1 CUSTOMER NOTES / SPECIAL REQUESTS
858 1 > Install a rear supression flap (PN# 3006154) under the module, aft of the rear wheels. 466.75 868 1
869 1
870 1 CAB / MODULE PAINT AND LETTERING: STANDARD SPECIFICATIONS 871 1
874 ( 1 ) * DELETION CREDIT: Do not paint the 4 outer wheels (93.96) (93.96) AQ Version 23.3 Page 5 of 16 2/7/2024 1:52 PM
875 1 Include one touch up paint kit for each color used 879 ( 1 ) Ship loose Federal ambulance markings ("Star of Life" Kit) N/C 881 1
882 1 PAINT OPTIONS
883 1
884 1 The cab for the chassis will be ordered and painted the following color code: L2484EY Red Elite 886 1 Color & Paint Number:
887 ( 1 ) * Paint entire module any color other than OEM white: Red 4940955 3,372.00 3,372.00 895 1
896 ( 1 ) * The paint finish will be hand glazed with a non-wax based product. 898 ( 1 ) * Metallic paint will not be used anywhere on this unit. 900 1
901 1 CUSTOMER NOTES / SPECIAL REQUESTS
902 1 > Supply and Install (3) placards and Black Snap Frame Brackets (11"x11" interior). The 789.00 903 1 placards will be aluminum and painted red to match the module. Excellance will install the 0.00 904 1 brackets at customer inspection. 0.00
911 1
912 1 BELTLINE
914 ( 1 ) * DELETE standard 11" reflective beltline stripe (1,760.20) (1,760.20) 959 1
960 1 PINSTRIPE
964 ( 1 ) * DELETION: No pinstripe tape AND no painted beltline to be applied by factory (365.20) (365.20) 970 1
971 1
972 1 REFLECTIVE "SCOTCHLITE" STRIPING
973 1
1004 1 Enter Code Enter size
1005 1 for Color: in inches: COST:
1006 1 * Reflective stripe color # 1: 23 #680-72 Red 6 1,199.18 1007 1 * Reflective stripe color # 2: 22 #680-71 Yellow 6 1,199.18 1008 1 * Reflective stripe color # 3: 30 #680-10 White 1 550.81 1009 1 * Reflective stripe color # 4: 30 #680-10 White 1 550.81 1010 1 * Reflective stripe color # 5: 30 #680-10 White 4 776.19 1011 1
1017 1
1018 1 CUSTOMER NOTES / SPECIAL REQUESTS
1019 1 >Ref #1006-1007: 6" Reflexite Red (#12) and Reflexite 6" Fluorescent Yellow Green (#112) as 1,312.00 1020 1 Chevrons on rear of ambulance (including rear doors). Chevrons will be alternating 0.00 1021 1 Red/ Fluorescent Yellow-Green in an inverted "V" pattern. 0.00 1022 1 > Ref. #1008-1010: Shall be for beltline striping. There will be a 1" white reflective stripe along 780.00 1023 1 the beltline and angled up toward the rear of the module; then 1" red paint space, then 4" white 0.00 1024 1 reflective, then 1" red paint space, then 1" white reflective. Drawings will be provided. 0.00 1029
1030 1
1031 1 LETTERING OPTIONS
1032 1
1035 ( 1 ) Lettering to be provided and installed by Excellance is specified on an 1036 1 attachment to this document AND priced below in "Customer Notes". 1037 1
1043 1 CUSTOMER NOTES / SPECIAL REQUESTS
1044 1 > Supply and Install Kingsburg lettering/ graphics package. 3,110.00 1052 1
1053 1 EXTERIOR COMPARTMENTS: STANDARD SPECIFICATIONS N/C 1054 1
1055 1 All exterior compartment doors insulated with 2" styrofoam 1056 1 206 latch w/ key locking stainless steel 9000 series D-ring handles with gaskets (where possible) 1058 ( 1 ) Doors equipped with gas shocks to reduce opening and closing force 1065 1 Machine louvered or plastic venting, as needed, in all exterior compartments 1067 ( 1 ) * Add an external battery storage compartment w/ sliding tray for Type I module 1,053.20 1,053.20 AQ Version 23.3 Page 6 of 16 2/7/2024 1:52 PM
1074 1 Note: Battery storage compartment R4-2 to have 52C door latch in lieu of 206 latch 1087 1
1088 1 EXTERIOR COMPARTMENTS: OPTIONS
1089 1 All aluminum unistruts to be welded into exterior compartments (no screws or rivets) 1090 1 * Oxygen tank(s) shall be located in compartment L4 (Streetside Forward) Wholesale Extended 1091 1 Price Price
1092 1 Compartment L1: (Streetside Rear)
1095 ( 1 ) * DELETE backboard storage from L1 compartment ( no vertical dividers in L1 ). (234.00) (234.00) 1096 1 Type of shelves in L1: Quantity Thickness of aluminum 1097 1 Adjustable shelves with unistrut 1 0.125" (406.90) 1098 1 Fixed shelves 0 0.125" 0.00
1101 ( 1 ) * DELETE "inside" access for Tall L1 (234.00) (234.00) 1104 ( 1 ) * 3/4 height L1 w/ interior-only cabinet above the L1 compartment 979.50 979.50 1106 ( 1 ) One standard LED light in compartment - to be door activated N/C 1107 ( 1 ) * Enter number of additional "standard" LED lights for this compartment 102.25 102.25 1120 1 > The L1 compartment shall be modified. The depth of the top portion of the compartment will 2,442.10 1121 1 be reduced to create an inside only access cabinet in the patient compartment. The cabinet will 0.00 1122 1 have dual sliding polycarbonate doors with (1) adjustable shelf. The unistrut will be welded to 0.00 1123 1 exterior side of cabinet for SCBA brackets. The bottom of the cabinet will extend to full depth of 0.00 1124 1 the compartment to create a shelf below the SCBA brackets. The lower half of the 0.00 1125 1 compartment will remain full-depth. 0.00
1126 1 > Ref. #1106 & 1107: Lights shall be centered along the top front edge of compartments. 0.00 1127 1
1128 1 Compartment L3/1: (Outside electrical compartment for power distribution panel) 1135 ( 1 ) One standard LED light in compartment - to be door activated N/C 1144 1
1145 1 Compartment L3/2: (Streetside Intermediate)
1147 Type of shelves in L3/2: Quantity Thickness of aluminum 1148 1 Adjustable shelves with unistrut 2 0.125" 406.90 1149 1 Fixed shelves 0 0.125" 0.00
1152 ( 1 ) * DELETE fixed vertical divider. Install adjustable dividers only. (177.75) (177.75) 1156 ( 1 ) One standard LED light in compartment - to be door activated N/C 1157 ( 1 ) * Enter number of additional "standard" LED lights for this compartment 102.25 102.25 1170 1 > Ref. #1156 & 1157: (1) light installed horizontally on ceiling toward front of compartment 0.00 1171 1 above gas shock door hold-open and (1) light installed vertically on right side of compartment 0.00 1172 1 on the wall toward the top. 0.00
1177 1
1178 1 Compartment L4: (Streetside Forward)
1181 Type of shelves in L4: Quantity Thickness of aluminum 1182 1 Adjustable shelves with unistrut 1 0.125" 203.45 1183 1 Fixed shelves 0 0.125" 0.00
1185 ( 1 ) One standard LED light in compartment - to be door activated N/C 1186 ( 1 ) * Enter number of additional "standard" LED lights for this compartment 102.25 102.25 1197 1 > Ref. #1185 & 1186: Both lights shall be installed vertically (1) at the top and (1) at the bottom 0.00 1198 1 of the left (hinge) side of the compartment. 0.00 1203 1
1205 1 Compartment R1: (Curbside Rear)
1222 ( 1 ) Tall R1 - standard on 166" & over boxes - includes short R2 unless deleted at N/C 1225 ( 1 ) * Backboard storage in Tall R1. # of adjust. dividers: 3 166.21 166.21 1227 Type of shelves in Tall R1: Quantity Thickness of aluminum 1228 1 Adjustable shelves with unistrut 0 0.125" 0.00
1229 1 Fixed shelves 0 0.125" 0.00
1232 ( 1 ) Outside access for Tall R1 N/C
1235 ( 1 ) One standard LED light in R1 compartment - to be door activated N/C 1236 ( 1 ) * Enter number of additional "standard" LED lights for R1 compartment 102.25 102.25 1245 1 > Ref. #1235 & 1236: Lights to be installed vertically, in the front corners of the aft wall. 0.00 1252 1
1253 ( 1 ) Compartment Short R2: (Curbside Rear) Only available if Tall R1 is selected. 1255 ( 1 ) Inside / Outside access for Short R2 N/C
1254
AQ Version 23.3 Page 7 of 16 2/7/2024 1:52 PM
1259 Type of shelves in R2: Quantity Thickness of aluminum 1260 1 Adjustable shelves with unistrut 0 0.125" (203.45) 1261 1 Fixed shelves 0 0.125" 0.00
1263 ( 1 ) One standard LED light in compartment - to be door activated N/C 1264 ( 1 ) * Enter number of additional "standard" LED lights for this compartment 102.25 102.25 1272 1 > Ref. #1263 & 1264: (1) light shall be mounted vertically just inside the pass-thru on each side 0.00 1273 1 of the compartment. 0.00
1279 1
1280 1 Compartment R4: (Curbside Forward)
1284 ( 1 ) * Inside / Outside access for only bottom portion of R4 -- with inside access only for top portion N/C 1285 ( 1 ) * Exterior door for R4 compartment to be "3/4 height" that stops at the top of outside access 1295 ( 1 ) Drug box storage in R4 shall have a locking Painted Aluminum door. N/C 1296 ( 1 ) Cabinet beside the drug box storage in R4 will have inside 1297 1 access with a non-locking Painted Aluminum interior door. N/C 1298 1 The vertically-hinged doors will be individually latching doors N/C 1308 1
1309 1 Type of shelves in R4: Quantity Thickness of aluminum 1310 1 Adjustable shelves with unistrut 2 0.125" 0.00
1311 1 Fixed shelves 0 0.125" 0.00
1318 ( 1 ) One standard LED light in compartment - to be door activated N/C 1319 ( 2 ) * Enter number of additional "standard" LED lights for this compartment 102.25 204.49 1328 1 > Ref. #1318 & 1319: (1) light shall be installed horizontally in upper corner of the forward 0.00 1329 1 compartment wall; (1) light shall be installed horizontally under the first adjustable shelf; and (1) 0.00 1330 1 light shall be installed horizontally under the second adj. shelf. 0.00 1334 1
1410 ( 1 ) * Additional locking drug box in existing cabinetry: Bottom of H2 cabinet 489.75 489.75 1417 ( 5 ) Number of exterior compartment(s) to be finished in Excellance texturized paint. N/C 1418 1 Specify each compartment here: ALL - EXCEPT R4 which is to be finished white 1443 ( 1 ) * Number of compartment(s) with unistrut mounted horizontally on back wall 176.85 176.85 1444 1 * Specify each compartment here: L1 compartment - upper half for SCBA 1446 ( 2 ) * Zico brand SCBA bracket with safety strap. Location: L1 Compartment 185.73 371.46 1447 1 Specify the bottle style / size for safety strap: MSG 1 1449 ( 1 ) * Enter number of restraint strap sets with quick-release buckle 52.30 52.30 1450 1 * Specify each compartment here: R1 compt. to secure backboards 1458 ( 1 ) * Electric door locks for module personnel & R4 doors 1,383.05 1,383.05 1459 ( 5 ) * Enter number of exterior compartments to have electric door locks See Note 759.11 1463 1
1464 1 The following electric door locks… …shall be activated by : Location for separate switch:
1465 1 All (except L3/1, R2)
1466 1 All
1468 1 Note: The additional charge for each separate switch: $108.59 2.00 217.18 1471 ( 1 ) * Concealed weatherproof override switch for electric door locks 195.90 195.90 1472 1 * Concealed override switch location: See Line 1475 1473 1
1474 1 CUSTOMER NOTES / SPECIAL REQUESTS
1475 1 > Ref. #1471: Concealed switch will be installed on outside rear wall of cab, streetside. 234.00 1476 1 > Secure all door lock access plates with rivets ILO screws 0.00 1489 1
1491 1 PATIENT COMPARTMENT: STANDARD SPECIFICATIONS
1492 1
1493 1 Install clear polycarbonate throughout the unit. N/C 1497 1 Full seam-welded NFPA-compliant anti-skid aluminum diamondplate stepwell with flush sweep-out design 1498 1 Door-activated flush-mounted stepwell light, LED 1499 1 3 interior entry door panels, aluminum painted white 1502 ( 1 ) * Brushed stainless steel kick panels, 9" high at bottom of each Personnel 393.60 393.60 1503 ( 1 ) Door with 3-inch reflective red & white safety stripe on the interior face of door 1505 1 Grab handles for module doors to be: 1.25" diameter seamless stainless steel 1506 ( 1 ) Grab handle(s) for the inside of the side entry door: 18" long Pricing: 0.00 1508 ( 1 ) Grab handle(s) on each rear door inside the module: "L" shape 33" x 17.5" Pricing: 0.00 OEM, hidden switch, & interior switches Curbside wall by R3 door OEM, hidden switch, & interior switches Aft curbside squad bench wall AQ Version 23.3 Page 8 of 16 2/7/2024 1:52 PM
1509 1 Aluminum walls painted white
1510 1 Aluminum ceiling finish painted white
1511 ( 1 ) Insulation in the module walls and ceiling
1513 1 Welded tubular aluminum cabinet framework with cabinet tubular faces painted white 1514 1 Sliding medical cabinet doors of 1/4" polycarbonate with full height extruded aluminum handles 1515 1 All cabinet interiors are to be painted white
1516 1 Cabinets have Austin latches on hinged cabinet doors and Safety Pins on sliding doors (KKK compliant) 1517 1 Cabinets will be labeled with their rated weight capacity 1518 1 Streetside action area with solid surface counter top Pricing:
1519 1 The color for all counter tops will be: light gray w/ white & charcoal speckles 111.25 0.00 1520 1 * OPTION: Specify each individual interior cabinet to have restocking feature 1521 1 (1) Cabinet "D1" over action area 504.38 504.38
1522 1 (2) Cabinet "A1" interior L1 504.38 504.38
1523 1 (3) Cabinet "G" over pass-thru 504.38 504.38
1527 1 Action area shelf to have lip
1528 1 Oxygen compartment shall have one polycarbonate hinged access door for "M" & "H" size cylinders 1529 1 Squad bench w/vinyl covered padded split seat cushion and with a hinged lid 1530 1 two 6-point seat belt harnesses: red
1531 1 sets of patient restraint straps: 3 red 0.00
1532 1 Squad bench to have a solid vinyl covered padded back rest and head rest 1533 1 2 "No smoking oxygen equipped / Fasten your seatbelt" decals, one in cab and one in module 1534 1 Removable wiring access panels, vinyl padded down the center of the ceiling w/ 1" x 2" tubular supports 1536 ( 1 ) # of 96" x 1.25" diameter stainless steel overhead grab rails on 166" module: 2 1539 ( 1 ) 1 CPR seat with vinyl covered padded seat and head protectors 1540 ( 1 ) CPR seat to have 6-point seat belt harness
1550 1
1551 1 CUSTOMER NOTES / SPECIAL REQUESTS
1552 1 > Ref. #1528: O2 access window shall be located on the wall facing the bulkead (inside wall 0.00 1553 1 of the L4 compartment). 0.00
1562 1
1563 1 PATIENT COMPARTMENT: OPTIONS Wholesale Extended
1564 1 Price Price
1565 1 Painted white interior
1570 1 * High back EMT Captains Chair (Bucket Seat) at Action Area w/ these features: Standard N/C 1571 1 Built-in Child-Safety Seat? Yes 413.63 413.63
1572 1 # of seat belt harness points: 6 Standard N/C
1573 1 # of arm rests: 0 no arm rests 0.00 0.00
1574 ( 1 ) * Swivel seat base (2-way swivel)(Child-Safety Seat) Standard N/C 1577 ( 1 ) * Sewn upholstery Standard N/C
1579 ( 1 ) * WISE brand Standard N/C
1581 1
1583 1 Type of IV holder Quantity Mounting location for IV holders: 0.00 1584 1 Rubber shaft fold-down w/ velcro 1 head of primary cot 1585 1 Rubber shaft fold-down w/ velcro 1 head of squad bench 1619 1
1620 1 Cabinet over Action Area to have…
1621 ( 1 ) Sliding doors that are made of polycarbonate N/C 1638 1
1639 ( 1 ) * Cabinet over squad bench (KKK requires 43+" between squad bench & cabinet) 934.75 934.75 1642 ( 1 ) * 2 horizontally-hinged cabinet doors of polycarbonate w/ gas shock hold-opens 295.65 295.65 1645 ( 1 ) * Cabinet over CPR seat (half-depth) (KKK requires 43+" between seat & cabinet) 654.20 654.20 1646 ( 1 ) with dual sliding doors made of polycarbonate ("standard") N/C 1660 1
1661 1 Location for additional cabinet:
1662 1 * without restocking feature: Cabinet "D2" under EMT panel on counter 659.05 659.05 1687 1
1688 1 BIO-HAZARD / TRASH CONTAINERS:
1689 1
1692 ( 1 ) One wall mounted Maxxim kit with sharpe and trash containers (30.00) (30.00) AQ Version 23.3 Page 9 of 16 2/7/2024 1:52 PM
1694 ( 1 ) Maxxim kit(s) to be mounted by Excellance when customer picks up unit N/C 1707 ( 2 ) * Small tilt-out compartment front face of squad bench: (1) Sharpes & (1) Trash 547.80 1,095.60 1741 1
1742 1 CUSTOMER NOTES / SPECIAL REQUESTS
1743 1 > Ref. #1692: Shall be for a 2-gallon trash container mounted on the diamondplate at the 0.00 1744 1 head of the squad bench in the stepwell area. 0.00 1745 1 > Ref. #1707: The (2) tilt-outs will be side-by-side at the forward front-face of the squad bench. 0.00 1746 1 Both tilt-outs will hold (2) 1 gallon containers. 0.00 1753 1
1754 1 SEATING / UPHOLSTERY: OPTIONS
1755 1
1756 1 Padded vinyl head protectors over module entryways, color coordinated to match interior 1759 ( 1 ) Gray color for upholstery (Gray)
1768 ( 1 ) Net at head of Squad Bench, standard 58" x 17" (Red unless specified in Customer Notes) N/C 1784 1
1785 1 FLOOR COVERING: OPTIONS
1786 1
1787 1 Heavy duty vinyl floor covering will be installed inside patient compartment 1788 ( 1 ) * Lonseal / Lonplate II flooring (this flooring will extend up the side walls) 1797 1 Type of floor selected above: Floor color Curbside wall covered in: Streetside wall covered in:
1798 1 * Lonseal / Lonplate II flooring 421 Mica Floor covering 1807 1
1808 1 HANDRAILS / MOUNTING BRACKETS: OPTIONS
1809 1
1810 ( 1 ) All handrails will be stainless steel, knurled, antimicrobial rails painted (powder coated) yellow. N/C 1812 ( 1 ) * Enter number of additional 18" Handrails here 215.85 215.85 1813 1 * Specify location for above handrails: Install vertically on curbside wall by R3 door 1823 1
1824 1 Wholesale Extended
1825 1 COT / LITTER MOUNT: OPTIONS Price Price
1826 1 ( Brand ) ( Model )
1827 1 The cot used in this unit will be a: Stryker PowerLoad 1828 1 The cot will be supplied by: Customer
1829 1 The retention system will be supplied by: Customer 1830 1 Purchaser / Customer agrees to idemnify and hold Excellance harmless for the installation of any 1831 1 cot retention system specified by the Customer that is not compliant with any governmental authority. 1832 1
1833 1 The mounting position for the cot shall be:
1834 ( 1 ) * Center mount for one cot N/C
1836 1
1838 ( 1 ) Post and wheel cups will NOT be installed in the patient compartment. 1844 1
1845 1 THE COT WILL BE SUPPLIED BY CUSTOMER
1849 1 THE RETENTION SYSTEM WILL BE SUPPLIED BY CUSTOMER 1867 1
1868 1 MODULE ELECTRICAL SYSTEM: STANDARD SPECIFICATIONS N/C 1869 1
1870 1 12 VDC electrical distribution system
1871 1 Color and function coded wiring
1872 1 GXL high temperature wiring insulation
1873 1 Automatic reset circuit breakers
1874 1 Heat shrink tubing on all terminals
1875 1 Lighted rocker switches
1876 1 Engraved backlit switch labels
1877 1 1 labeled power distribution panel will be located in the exterior L3/1 compartment 1879 1 Patient compartment control console with hinged access panels in action area 1880 1 12 VDC Medical outlets to be installed as follows:
1883 1 Type of outlet: Quantity Location for outlet(s):
1884 1 Cigarette 2 Action Area 0.00
Floor covering
AQ Version 23.3 Page 10 of 16 2/7/2024 1:52 PM
1885 1 Cigarette 1 Top Left Corner of H1 Cabinet 257.32 1889 1
1890 1 Magnetically controlled, hermetically sealed door switches 1891 1 "Module Entry Door Open" warning circuit w/ warning light in cab console 1895 1 Door activated exterior compartment lighting
1896 1 All of the dome lights located on the curbside to turn on to low intensity when 1897 1 module entry doors are opened and/or switch on cab console is activated 1898 1 All switches, indicators and control devices shall be labeled in accordance w/ current KKK-A-1822 1899 1
1900 1
1901 1 MODULE ELECTRICAL SYSTEM: OPTIONS Wholesale Extended 1902 1 Price Price
1903 1 1 Kussmaul #091-32 Load Manager / Sequencer. N/C 1904 1 Load Manager and status indicator to be located in cab console. N/C 1905 ( 1 ) Excellance will determine load manager circuits and sequence of priority. N/C 1914 1
1920 ( 2 ) * Install two-way radio power buss in cab console 264.26 528.52 1921 ( 2 ) * Install two-way radio power buss in action area 264.26 528.52 1923 1 * Specify power source (ignition key, battery under hood, or 1924 1 * battery disconnect switch) for radio power buss: Battery & Ignition Key 1925 1 * Specify the electrical "current draw" requirement for the two-way radio 1926 1 * power buss selected above: 40 batt./15 ign.
1927 1 2 #RG58U coax antenna cables from center wiring trough to behind driver's seat N/C 1929 1 * Location for origination of first "std" coax cable: module center trough 1930 1 * Location for termination of first "std" coax cable: cab console 1931 1 * Location for origination of 2nd "std" coax cable: module center trough 1932 1 * Location for termination of 2nd "std" coax cable: cab console 1933 ( 1 ) * Enter number of additional Coax Cable over 2 cables (2 are "STANDARD") 52.30 52.30 1934 1 * Location for origination of 1st additional coax cable: module center trough 1935 1 * Location for termination of 1st additional coax cable: Action Area 1968 ( 1 ) * Three TruckLite LED # 80251C lights installed in center of module ceiling 805.67 805.67 1971 ( 1 ) Switch on EMT switch panel and switch ... N/C 1972 ( 1 ) ... at side entry door. N/C
1974 ( 1 ) * ... at rear entry door (in addition to switch at side entry door) 204.31 204.31 1975 ( 1 ) * Timer "check out feature" (wired hot) 0 - 15 minutes installed at curbside door. 274.31 274.31 1977 ( 1 ) TruckLite LEDs # 80162C EMT ("Standard" in action area) N/C 1983 1
1985 ( 1 ) Four 8-inch LED dome lights mounted in ceiling on streetside N/C 1986 ( 1 ) Four 8-inch LED dome lights mounted in ceiling on curbside N/C 1996 ( 1 ) * All ceiling lights to operate with two switches (one for streetside & one for curbside lights). 2030 1
2031 1 CUSTOMER NOTES / SPECIAL REQUESTS
2032 1 > Supply and install Intellitec 24 Hour clock (PN# 00-00775-100), Digital, Flush mounted in the 515.10 2033 1 Action Area, beneath the switch panel. 0.00
2034 1 > Ref. #1974: Switch shall be installed at the foot of the squad bench. 0.00 2035 1 > Radio cabling access shall be from the cabinet behind the attendant seat, run along the 0.00 2036 1 frame rail, and come up through an access hole in the floor of the cab. 0.00 2037 1 > Prewire for (3) Sigtronic headsets. (1) at the driver's side in cab, (1) at the passenger seat in 601.00 2038 1 cab, and (1) at the EMT panel. The wiring shall be ordered from Sigtronics; 110 ft. roll; 0.00 2039 1 part #1000437. 0.00
2048 1
2049 1 125 VAC ELECTRICAL: STANDARD SPECIFICATIONS
2050 1
2051 1 Location for each 125 VAC duplex receptacle (interior to be lighted; exterior to be weatherproof):
2052 ( 1 ) in Action Area " Standard " N/C
2053 ( 1 ) Top Left Corner of H1 cabinet " Standard " N/C 2054 ( 1 ) aft streetside wall (weatherproof style) 227.66 227.66 2055 ( 1 ) squad bench wall 227.66 227.66
2060 1 GFI circuit breaker box to be located: mounted in GFI box in electrical panel N/C AQ Version 23.3 Page 11 of 16 2/7/2024 1:52 PM
2061 1 First GFI circuit breaker to be wired to: the engine block heater N/C 2062 1 Second GFI circuit breaker wired to: the 125V electrical system N/C 2068 1
2077 1
2078 1 SHORELINE OPTIONS Wholesale Extended
2079 1 Price Price
2080 ( 1 ) One 30 amp / 125 volt Twist Lock Shoreline Plug with N/C 2081 1 weatherproof lift cover (with female Shoreline Input Adapter) 2114 1
2125 ( 1 ) * Shoreline to be mounted : Side of module forward of L4 hinge Price: 0.00 2140 1
2142 1 125 VAC ELECTRICAL EQUIPMENT: OPTIONS
2143 1
2148 ( 1 ) DELETION CREDIT: Delete the "standard" on-board battery charger (363.68) (363.68) 2188 1
2189 1 CUSTOMER NOTES / SPECIAL REQUESTS
2190 1 > Install a Vanner 2000W Inverter (PN#LSC12-2000) and Inverter Interface Module (PN#IFM1) 3,215.00 2191 1 in the L3/2 compartment. 0.00
2200 1
2202 1 SCENE AND EXTERIOR LIGHTS: STANDARD SPECIFICATIONS 2203 1
2204 1 2 backup lights wired to operate with rear scene / load lights 2205 1 Rear license plate bracket shall be recessed on rear of unit with light 78.00 2206 1 1 set of red rear turn marker lights on each side of module using:
2207 ( 1 ) L.E.D. 4" round turn marker lights (part # 44350R) N/C 2211 1
2212 1 WORKLIGHTS / FLOODLIGHTS / SPOTLIGHT: OPTIONS
2213 1
2214 1 The hand-held spotlight will be: recess-mounted on passenger side of front console 2215 ( 1 ) Minimum 100,000 CP lamp handheld spotlight w/ momentary switch (Standard) N/C 2225 1
2229 ( 1 ) * 2 Whelen 900 Super-LED work / scene lights (surface mount with chrome 1,342.88 1,342.88 2230 1 flange) on each side of module (in lieu of halogen lights). 2234 ( 1 ) * DELETE "standard" Whelen 900 side scene lights on each side of module. (247.49) (247.49) 2239 ( 1 ) * 2 Whelen 700 Super-LED load / scene lights (surface mount) on rear wall of 709.45 709.45 2240 1 module in lieu of standard 900 series lights.
2244 ( 1 ) * DELETE "standard" Whelen 900 rear scene lights. (201.74) (201.74) 2245 1 Note: Scene lights on rear of module will be deleted when rear light bar has scene light option. 2283 1
2284 1 TURN SIGNAL / TAIL LIGHTS: OPTIONS
2285 1
2286 1 Primary brake, turn signal & backup lighting
2287 1
2292 ( 1 ) DELETE horizontal castings and the primary brake, turn signal, and backup lights. (584.69) (584.69) 2293 1
2294 ( 1 ) The Primary brake, turn signal, and backup lights on the rear of the module will be 2295 1 set in individual housings with a flange IN LIEU OF a triple horizontal casting:
2302 ( 700 ) * Primary set of amber turn signals on rear to be: 700 series L.E.D. lights w/ flange 155.88 2303 ( 700 ) * Primary set of red brake lights on rear to be: 700 series L.E.D. lights w/ flange 168.83 2304 ( 700 ) * Primary set of white back up lights on rear to be: 700 series L.E.D. lights w/ flange 195.80 2361 1 Any ICC lights not mounted on light-bar shall be mounted on front wall of module. 2405 1 Any ICC lights not mounted on light-bar shall be mounted on rear wall of module. 2417 1
2419 1 GRILL LIGHTS / INTERSECTION LIGHTS
2435 1
2436 1 Grill Lights shall be:
2438 ( 1 ) DELETION: No "standard" L.E.D. grill lights to be installed (154.04) (154.04) 2439 1
2440 1 Lens color:
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2443 ( 1 ) DELETION: No "standard" L.E.D. intersection lights to be installed (140.74) (140.74) 2445 1 CUSTOMER NOTES / SPECIAL REQUESTS
2446 1 >Ref. #2437: Grille lights will be (2) Whelen 700 Series Red/White w/ Clear lens 767.80 2447 1 (PN#70RC6FCR) with CPI cast housings. 0.00
2448 1 >Ref. #2441-2442: Intersection lights will be (2) Whelen 700 Series Red/White w/ clear lens 767.80 2449 1 (PN#70RC6FCR) with CPI cast housings. 0.00
2455 1
2456 1 OTHER VISUAL WARNING LIGHTS: STANDARD SPECIFICATIONS 2479 1
2480 1 Flashing light installed at the top center of front module wall shall be: FALSE 2481 ( 904 ) Whelen 900 series White LED with flange Whelen 900 series White LED with flange FALSE N/C 2482 1 The color of the lens for this light is: clear
2484 1
2485 1 Flashing lights in each upper corner of the front module wall (2 total) shall be: 436.4438 Whelen 900 series Re 2486 ( 901 ) Whelen 900 series Red LED w/ flange Whelen 900 series Red LED w/ flange436.4438 N/C 2487 1 The color of the lens for this light is: clear
2489 1
2490 1 * Install one additional flashing light on the side of the front wall of module. 2491 ( 904 ) This curbside light shall be: Whelen 900 series White LED with flange 249.10 249.10 2492 ( 904 ) This streetside light shall be: Whelen 900 series White LED with flange 249.10 249.10 2493 1 Color of curbside lens shall be: clear Color of streetside lens shall be: clear 2494 1
2495 1 * Install a 2nd additional flashing light on the side of the front wall of module. 2496 ( 901 ) The curbside light shall be: Whelen 900 series Red LED w/ flange 218.22 218.22 2497 ( 901 ) The streetside light shall be: Whelen 900 series Red LED w/ flange 218.22 218.22 2498 1 Color of curbside lens shall be: clear Color of streetside lens shall be: clear 2499 1
2500 1 Flashing lights in each upper corner of the curbside module wall (2 total) are: 436.4438 2501 ( 901 ) Whelen 900 series Red LED w/ flange Whelen 900 series Red LED w/ flange436.4438 N/C 2502 1 The color of the lens for this light is: clear
2504 1
2505 1 Flashing lights in each upper corner of streetside module wall (2 total) are: 436.4438 2506 ( 901 ) Whelen 900 series Red LED w/ flange Whelen 900 series Red LED w/ flange436.4438 N/C 2507 1 The color of the lens for this light is: clear
2509 1
2514 1 Flashing lights in the upper corners of module rear wall (2 total) shall be: 436.4438 2515 ( 901 ) Whelen 900 series Red LED w/ flange Whelen 900 series Red LED w/ flange436.4438 N/C 2516 1 The color of the lens for this light is: clear
2518 1
2519 1 * Install one additional flashing light on each side of the rear wall of module. 2520 ( 902 ) The curbside light shall be: Whelen 900 series Amber LED w/ flange 221.36 221.36 2521 ( 902 ) The streetside light shall be: Whelen 900 series Amber LED w/ flange 221.36 221.36 2522 1 Color of curbside lens shall be: clear Color of streetside lens shall be: clear 2523 1
2536 1 * Install a set of flashing auxiliary lights to operate as brake lights when NOT in 2537 1 emergency mode to be seen through rear door windows when doors are open. 592.4438 2538 ( 901 ) Whelen 900 series Red LED w/ flange Whelen 900 series Red LED w/ flange592.4438 592.44 2539 1
2540 1 Flashing light installed at the top center of rear module wall shall be: FALSE 2544 1
2545 1 * Install a single auxiliary light centered above the rear entry doors to operate 2546 1 as a brake light when NOT in emergency mode. 313.7202 2547 ( 701 ) Whelen 700 series Red LED w/ flange Enter code # from above 313.7202 313.72 2548 1
2549 ( 1 ) 1 Whelen AFM-1660 solid state flasher (Standard) N/C 2551 1
2552 ( 1 ) The flash pattern for the emergency lights shall be programmed as specified by KKK. N/C 2555 1
2556 1 CUSTOMER NOTES / SPECIAL REQUESTS
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2557 1 >Ref. #2496-2497: Red 900 Series LED's either side of center clear on the front of module, will 0.00 2558 1 be (2) Whelen Red Steady Burn lights w/Clear lens (PN#90RR5SCR). 0.00 2559 1 > Wheelwell lights will be (2) Whelen 600 Series Red/White w/clear lens (PN#60RC6FCR) 766.00 2560 1 with Whelen Chrome Flange (PN# 6EFLANGE). 0.00
2578 1
2579 1 CUSTOMER NOTES / SPECIAL REQUESTS
2580 1 >Note: Headlights to operate with nighttime override. 0.00 2581 1 >Supply and install a strobe Opticom (792H) on the cab roof. This includes an Opticom switch 2,752.00 2582 1 on the cab console. 0.00
2583 1 > Supply and Install 36" Whelen Traffic Advisor (PN# TAM65) on rear of module centered 1,931.00 2584 1 above the rear doors with the control head mounted in the cab console. 0.00 2590 1
2592 1 EMERGENCY AUDIBLE WARNING SYSTEM: OPTIONS
2593 1
2594 ( 1 ) 1 Whelen hands free electronic siren with cab console mounted controls w/ PA microphone 2595 1 Siren tones to be programmed in "default" mode.
2599 1
2617 1
2618 1 Speaker Options
2619 1
2630 ( 1 ) Two through-the-bumper speakers ("standard" for M2 Freightliner) N/C 2639 1
2640 1 CUSTOMER NOTES / SPECIAL REQUESTS
2641 1 > Ref. #2594: Shall be Whelen part #WS295HFSA-1 (Excellance standard). Program to 0.00 2642 1 "California Tones." 0.00
2643 1 > Supply and Install a Whelen Siren Howler system (PN# HOWLER) with bracket. 1,299.25 2651 1
2653 1 OXYGEN AND SUCTION SYSTEMS: STANDARD SPECIFICATIONS N/C 2654 1
2655 1 Oxygen system plumbing with cylinder wrench chained in oxygen compartment 2656 1
2657 1 Tank Brackets: Options
2658 1
2659 ( 1 ) * Oxygen tank(s) shall be located in compartment L4 (Streetside Forward) N/C 2662 1
2669 ( 1 ) * SUBSTITUTE: Zico "Quic-Release" (electric lift) system in lieu of "MultiVersal" 4,037.05 4,037.05 2670 1 * Specify cylinder size for "Quic-Release" system: "H" 2674 1 1 oxygen regulator, 50 PSI N/C
2677 1
2678 1 Oxygen Systems: Options
2679 1
2686 ( 2 ) * Ferno #521 "D/E" bottle mount Forward wall of L4 compt. 390.02 780.04 2693 1 Ohio-Diamond type oxygen outlets. Select one of the following:
2695 ( 1 ) * 1 located at EMT panel, 1 at curbside, 1 in ceiling at head of primary patient 129.87 129.87 2722 1
2741 1
2742 1 Vacuum System: Options
2743 1
2744 1 Sscor suction system with 1 canister and lid, on-off power switch, 5-foot exhaust hose, 2745 1 vacuum gauge and internal regulator (no vacuum outlet needed) - to be installed… 2746 ( 1 ) … aft of action area control panel on the streetside interior wall. N/C 2780 1
2782 1 HVAC SYSTEMS: STANDARD SPECIFICATIONS N/C
2783 1
2784 1 12 VDC multi-speed exhaust fan at rear of module 2785 1 1 static air intake at front curbside of module
2786 1 Floor-level return air plenum with replaceable filter for A/C-heat unit 2787 1
2788 1 HVAC SYSTEMS: OPTIONS
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2789 1
2792 ( 1 ) * Discharge the HVAC system down the length of the patient compartment in 1,803.00 1,803.00 2793 1 the ceiling via the "center trough".
2861 1 EHD Medium-Duty Chassis
2862 1 NOTE: Is the Medium-Duty Chassis to be ordered with an 2863 1 OEM auxiliary engine mounted 12 VDC compressor? YES 2864 1 If "Yes", then the following options are in addition to the auxiliary OEM chassis compressor. 2866 1 12 Volt HVAC systems:
2867 ( 1 ) Heavy duty combination heater / air conditioner system w / digital N/C 2868 1 electronic thermostat with digital temperature display. 2869 ( 1 ) Under-body-mount auxiliary A/C condenser is standard for EHD units N/C 2908 1
2910 1 FIRE EXTINGUISHER: OPTIONS
2911 1
2912 ( 2 ) 5# ABC fire extinguishers N/C
2914 1 * Extinguisher mounting instructions: ship loose. 2995 1
2996 1 CUSTOMER SUPPLIED PARTS
2997 1
2998 1 It is Excellance policy for all parts to be supplied by Excellance. The reasons for this policy 2999 1 are to allow Excellance: (1) to better engineer and manufacture the vehicle by obtaining the 3000 1 parts in advance, (2) provide better control over tracking the delivery of all parts and getting the 3001 1 part to the correct vehicle for which it is intended, and (3) it allows Excellance to better adhere to 3002 1 its production schedule. Disruptions in our production schedule are very costly and wasteful in 3003 1 terms of labor. Therefore, exceptions to this policy will result in a charge of $250.00 per part 3004 1 supplied by any dealer or customer PLUS the appropriate labor charge for installing any such part. 3005 Note: Excellance does not warrant the installation of customer supplied parts installed by Excellance! 3006 1 Excellance waives the $250 "parts charge" for two-way radio equipment, radio antenna, and cots. 3007 1
3050 1
3051 1 Payment Terms:
3052 1
3053 1 Payment to be Cash Upon Delivery F.O.B. Excellance, Madison, Alabama. 3054 1
3065 1
3066 1 CHECKLIST
3067 1 Send invoices to:
3068 1
3069 1
3070 1
3073 1
3074 1 Specify to whom the MSO is to be assigned:
3075 1
3077 1 The vehicle will be ready for delivery with electrical diagrams, cleaned, inspected, fuel tanks full, 3078 1 vehicle serviced, certified weight ticket, and copies of all warranties and owners manuals. 3079 1
3080 1 ADDITIONAL TERMS AND CONDITIONS FOR THIS CONTRACT 3081 1
3082 1 The effective date of this contract is the day this order is accepted by Excellance as 3083 1 evidenced by the date this contract is executed by an officer of Excellance. 3084 1
3085 1 Construction will begin only after all questions have been resolved. Once the unit is in production, 3086 1 each change will result in an engineering fee of $250 in addition to the price for the change. 3087 1
3088 1 Failure to select an option on this order form will result in: (i) no charge to the Customer, 3089 1 (ii) no obligation by Excellance for that item, and (iii) the possibility, at Excellance's sole election, 3090 1 of a $250 charge for each change or addition that occurs after production begins on a vehicle. 3091 1
3092 1 Review this order carefully. Changes, alterations or additional work ordered shall be charged AQ Version 23.3 Page 15 of 16 2/7/2024 1:52 PM
3093 1 for at current rates with additional time being allowed Excellance for delivery. 3094 1
3095 1 Price is exclusive of taxes, licenses, etc. which shall be the responsibility of Customer. 3096 1 All delivery dates are approximate unless otherwise indicated and are subject to and dependent 3097 1 upon the Customer furnishing all required information to Excellance in a timely manner. 3098 1
3099 1 Excellance shall not be liable for failure to deliver or delay in delivering any Product(s) covered 3100 1 by this order where such failure or delay is due, in whole or in part, to any cause beyond the 3101 1 reasonable control, or is without the gross negligence or intentional misconduct, of Excellance. 3102 1
3103 1 Fulfillment of this order by Excellance shall be contingent upon strikes, lock-outs, fires, 3104 1 accidents, Government regulations, inability to secure materials or other causes beyond 3105 1 Excellance's control. Excellance may substitute comparable parts if the specified part is not available. 3106 1 If colors are not specified, Excellance retains the right to assign colors based upon availability. 3107 1
3108 1 In the event Customer cancels this order prior to Excellance beginning production on the unit(s) covered 3109 1 hereunder, then Excellance shall be entitled to receive from Customer the greater of (a) 20% of the 3110 1 contract price, or (b) all deposits paid by Customer hereunder. In the event Customer cancels this 3111 1 order after Excellance begins production on the unit(s) covered hereunder, then Excellance shall 3112 1 be entitled to receive from Customer the full contract price less the amount of money saved by 3113 1 Excellance by reason of the cancellation (e.g., actual costs incurred) plus 20% of the contract price. 3114 1
3115 1 Any warranties on the products sold hereunder are those made by the manufacturer of said products. 3116 1 Excellance, as the seller of such products, expressly disclaims all warranties, either expressed or 3117 1 implied, including any implied warranty of merchantability or fitness for a particular purpose, and 3118 1 neither assumes nor authorizes any other person to assume for it any liability in connection with 3119 1 the sale of such products.
3120 1
3121 1 In the event there is a "trade-in" unit that Excellance agreed to take "in trade" as partial consideration of 3122 1 the purchase price hereunder, Excellance shall be under no obligation to tender the MSO/title for the new 3123 1 unit to the Customer until Excellance (a) receives the MSO/title for the unit to be "traded in", and (b) has 3124 1 possession of the unit "traded in".
3125 1
3126 1 Customer agrees that in the event of any Action brought by Customer against Excellance, Purchaser 3127 1 shall not be entitled to recover any incidental or consequential damages as defined in the Uniform 3128 1 Commercial Code, including but not limited to indirect or special damages, loss of income or 3129 1 anticipated profits, or down-time, or any punitive damages. 3130 1
3131 1 This contract contains the entire understanding between the parties, supersedes any previous agreement or 3132 1 understanding, and any changes to this contract must be in writing and signed by Customer and Excellance. 3133 1
3134 1 No waiver of any term of this order shall be valid unless it is in writing and signed by an officer of 3135 1 Excellance. If any provision or part of any provision of this order shall be deemed to violate any applicable 3136 1 law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining 3137 1 part of that provision and the remainder of this document shall continue to be binding and enforceable. 3138 1
3139 1 Arbitration provision: The laws of the state of Alabama, as applicable to contracts to be 3140 1 performed entirely within that state, shall govern this agreement. Any controversy or claim 3141 1 arising out of or relating to this agreement, or the breach thereof, shall be settled by binding 3142 1 arbitration in accordance with the rules of the American Arbitration Association and any judgment 3143 1 on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
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CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Christina Windover, Assistant City Manager REVIEWED BY: AJH AGENDA ITEM: Animal Control Services - Update
ACTION REQUESTED: ___Ordinance ___Resolution ___Motion __Receive/File
EXECUTIVE SUMMARY
The Agreement Between the City of Selma and the City of Kingsburg for the Provision of Animal Control Services (“Agreement”) was approved during the June 4, 2024 council meeting. The Agreement has been fully executed and services have continued to be rendered. The Agreement required Kingsburg to adopt an ordinance mimicking Selma’s animal control ordinance for continuity of services. City Attorney, Mike Noland has reviewed both ordinances and updated Kingsburg’s ordinance accordingly. New key provisions include:
• Addition of an Animal Control Officer – Chief of Police shall designate an animal control officer and all police officers are required to perform the duties of the animal control officer as may be required by the Chief of Police.
• Defines animal shelters, kennels and commercial animal establishments • Reducing the minimum impound period from ten (10) days to five (5) days from the time of proper notice to the owner of the impounded animal or posting on their website if the dog owner is not known. • Reducing the number of days to request in writing a hearing for a dangerous or vicious dog from ten (10) days to five (5) days.
• Reducing the number of days to humanely euthanize a dangerous or vicious dog from ten (10) days to five (5) days.
• Add Section 6.04.126: Commercial Animal Establishments : requires a business license, inspection and approval of conditions of the animal establishment, and outlines building and maintenance standards of said establishments.
• Add Section 6.04.127: Permit Requirements: requires a permit for a kennel and outlines rules for maintaining a kennel.
• Add Section 6.04.129: Spay/Neuter Compliance for Shelter Animals: a spay or neuter deposit is required upon the purchase of any unaltered dog from the animal shelter for the spay and neuter surgery of the animal and age guidelines.
RECOMMENDED ACTION BY CITY COUNCIL
1. Waive the second reading and adopt Ordinance 2024-03 Amending, In Its Entirety, Chapter 6.04 Of Title 6 Of The Kingsburg Municipal Code Pertaining To Dogs And Other Animals with the following recital constituting reading the title of the Ordinance:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KINGSBURG AMENDING, IN ITS ENTIRETY, CHAPTER 6.04 OF TITLE 6 OF THE KINGSBURG MUNICIPAL CODE PERTAINING TO DOGS AND OTHER ANIMALS.”
Meeting Date: 08/07/2024
Agenda Item: 5.6
POLICY ALTERNATIVE(S)
1. Provide direction to staff to propose changes to the proposed ordinance.
STRATEGIC GOAL(S) MET:
1. Financial Stability
2. Preserve the Kingsburg Experience
3. Public Safety
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
City attorney review.
ATTACHED INFORMATION
1. Ordinance 2024-03- The proposed Chapter 6.04 of Title 6 of the Kingsburg Municipal Code Pertaining to Dogs and other Animals.
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
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AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF
KINGSBURG AMENDING, IN ITS ENTIRETY,
CHAPTER 6.04 OF TITLE 6 OF THE KINGSBURG MUNICIPAL
CODE PERTAINING TO DOGS AND OTHER ANIMALS
The City Council of the City of Kingsburg does ordain as follows:
Section 1 Chapter 6.04 of Title 6 of the Kingsburg Municipal Code is amended in its entirety as follows:
Unless the particular provision or the context otherwise requires, the definitions and provisions contained in the following subsections of this section shall govern the construction, meaning and application of the words and phrases used in this Chapter 6.04; and except to the extent a particular word or phrase is otherwise specifically defined herein, the definitions contained in Chapter 1.04 of Title 1 of this code, shall also govern the construction, meaning and application of the words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.
Section 6.04.010 DEFINITIONS:
ANIMAL: Any living vertebrate member of the animal kingdom, excluding man.
ANIMAL CONTROL OFFICER: Unless otherwise designated by the State of California, city, Fresno County or another jurisdiction providing animal control officer services or animal shelter services to the city, the chief of police shall designate a police employee as the animal control officer. In addition, all police officers of the City are required to perform the duties of the animal control officer as may be required by the chief of police. 2 1
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ANIMAL SHELTER: Means any facility that is on property owned by the city of or another jurisdiction providing animal control officer services or animal shelter services to the city, operated by a humane society, a public agency, another jurisdiction providing animal control officer services or animal shelter services to the city, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or State law.
AT LARGE: Means an animal off the premises of the person owning or having the possession, charge, custody, or control of the animal and not under the immediate control of a person by means of an enclosure, leash, rope, or other means of immediate effective physical control.
BIRD: Means any member of the bird family, including, but not limited to, parakeets, cockatiels, macaws, parrots, finches, conures and swans, domesticated to serve as a pet.
BREEDER: Means any person or entity which breeds two (2) or more litters of dogs in one year for sale or profit.
CAT: Means any member of the feline family, male or female, domesticated to serve as a pet.
COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibit, or boarding kennel.
DOG: Means any member of the canine family, male or female, domesticated to serve as a pet.
DOMESTIC ANIMALS: Means dogs, cats, small mammals, reptiles, amphibians and birds kept and maintained as household pets.
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FOWL: Means any chicken, duck, goose, turkey, guinea, pigeon, peacock or other fowl.
HEARING OFFICER: Means the Chief of Police or any designee of the Chief of Police.
IMPOUNDMENT: Means the taking up and confinement of any animal in the pound or an animal shelter, veterinary hospital, or other facility.
KENNEL: Any premises, wherein any person keeps six (6) or more dogs more than four (4) months of age except commercial animal establishments.
LITTER: Means two (2) or more offspring from one or more female dogs or cats located at the same premises.
LIVESTOCK: Means any horse, pony, mule, burro, jack or jennie, cow, bull, calf, heifer, sheep, goat, swine, hog, pig, and all other domestic or domesticated animals other than household pets.
OWNER: Means any individual, partnership, limited liability company, corporation or other entity owning, having an interest in, having custody or possession of, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
PERSON: Means any individual, partnership, limited liability company, corporation, or other entity.
POTENTIALLY DANGEROUS DOG: Means any of the following:
1. Any dog which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner or the keeper of the dog.
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2. Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Food and Agriculture Code Section 31604.
3. Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the dog.
POUND: Means the place provided by the City for the impounding of animals, whether maintained directly by the City, or person pursuant to an agreement or contract with the city or in conjunction with another city or country.
PREMISES: Means a house, other dwelling, a yard or other area so enclosed as to prevent an animal from escaping.
PRIVATE PROPERTY: Means all property not defined as a “public place”.
PUBLIC EVENT: Means any event or festival permitted by the City that results in the gathering of people in areas closed to vehicular traffic.
PUBLIC PLACE: Means any park, public building, playground, street, road, alleyway, or other place open to the general public.
RESTRAINT: Means a leash not in excess of eight feet, a tethered lead, or a fenced enclosure which keeps the animal under the control of a person or within the premises of the owner of the animal or the person who has possession, charge, custody or control of the animal.
UNLICENSED DOG: Means any dog for which the City dog license for the current year has not been paid.
VACCINATION or VACCINATION AGAINST RABIES: means the inoculation of a dog with a vaccine approved by the City or the United States Public Health Service for use in the prevention of rabies in dogs.
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VETERINARY HOSPITAL: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
VICIOUS DOG: Means any of the following:
1. Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.
2. Any dog which, when unprovoked, in an aggressive manner, inflicts sever injury on or kills a human being.
3. Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues such behavior.
Section 6.04.020 LICENSES GENERALLY:
A. All dogs over four (4) months of age, kept, harbored or maintained by their owners in the city shall be licensed and registered. Within thirty (30) days after acquiring a dog, the owner of the dog must file: (i) an application for licensing and registration with the City Clerk together with a vaccination certificate, as required by Section 6.04.040 of this chapter; (ii) proof the dog has been micro-chipped as required by Section 6.04.125 of this chapter; and payment of a license fee as set by City Council resolution. Licenses shall be valid for the fiscal year July 1 to June 30, and shall be purchased annually. The provisions of this section are not intended to apply to dogs whose owners are nonresidents temporarily within the city or to dogs brought into the city for the purpose of participating in any dog show or similar activity.
B. Every person owning or keeping a dog that has been specifically trained and certified as an aid to a person with a physical or mental disability, including, without 6 1
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limitation, seeing eye dogs, must be licensed and registered, obtain a vaccination certificate and must be micro-chipped but shall be exempt from payment of license fees.
C. All dog licenses shall be issued for a period terminating on the thirtieth (30th) day of June of each year. For a license issued prior to January 1 of any year, a full year license fee shall be paid. For a license issued after the first day of January of any year, only one-half of the annual license fee shall be paid. Any penalty payments associated with dog licenses shall be paid in the same fashion as the dog license fee.
D. No dog license shall be issued for any dog unless the owner of the dog shall present to the City Clerk a certificate by a licensed veterinarian (vaccination certificate) that the dog has been vaccinated in accordance with Section 6.04.040.
E. Any dog which is unlicensed or which the license fee is unpaid, or upon which the owner refuses to obtain a license or pay the license fee, or refuses to have the dog vaccinated and micro-chipped as required by this chapter, may be lawfully taken up and impounded by an animal control officer and it shall be lawful for an animal control officer to enter upon the property of any person for the purpose of taking up and impounding the dog.
Any dog taken up and impounded as provided herein shall be held at the pound or animal shelter for ten (10) days. If the requirements of this Section are not met within said ten (10) days, the animal control officer shall cause the dog to be disposed of in accordance with the provisions of subsections F and G of Section 6.04.050. In addition to payment of license fees, the owner shall also pay redemption and impoundment fees.
Section 6.04.030 LICENSE TAGS:
Upon payment of the license fee set by resolution of the CityCity Council, the CityCity Clerk shall issue to the owner a license certificate and a metallic tag for each dog so licensed. 7 1
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The shape of the tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every owner shall be required to provide each dog with a collar to which the license tag must be affixed, and shall see that the collar and tag are constantly worn by the dog. In case a dog tag is lost or destroyed, a duplicate will be issued by the City Clerk upon presentation of a receipt showing the payment of the license fee for the current year, and the payment of a fee, as set by City Council resolution, for such duplicate dog tag. Dog tags shall not be transferable from one dog to another, and no refunds shall be made of any dog license fee because of death of the dog or the owner's leaving the city before expiration of the license period.
Section 6.04.040 RABIES VACCINATION:
A. Every person who keeps or harbors any dog or other animal requiring rabies vaccination shall have same vaccinated with a vaccine approved by the California Department of Health by a duly licensed veterinarian. Said vaccination against rabies shall commence with dogs over four (4) months of age (“Initial Vaccination”) and all other animals as required by standards of veterinary medicine practices. Dogs and cats shall be re-vaccinated one (1) year after the Initial Vaccination and at least every three (3) years thereafter.
B. Upon demand of any animal control officer, every person keeping or harboring any animal that requires vaccination against rabies shall produce a current certificate of vaccination for said animal.
C. The animal control officer shall impound any animal which has not been vaccinated as required by this section.
D. Every person practicing veterinarian medicine in the CityCity who vaccinates dogs or other animals with rabies vaccine shall issue to the owner thereof a certificate signed by such veterinarian which states:
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1. The name and address of the owner of the vaccinated animal; 2 The kind of vaccine used, the name of the manufacturer, the manufacturer's serial or lot number and the date of vaccine;
3. The breed, age, color and sex of the vaccinated dog;
4. Year and number of the license tag of the vaccinated dog.
E. The animal control officer shall take up and place in isolation any dog, cat or other animal which in the opinion of the owner of the animal, a licensed veterinarian or the animal control officer displays symptoms suggestive of rabies. Such isolation shall be at the pound or animal shelter unless the owner of the dog or cat, with the approval of the animal control officer, arranges with a licensed veterinarian for such isolation in a private animal hospital or clinic. Any dog, or cat or other animal placed in such isolation shall be kept strictly confined and under such observation as may be required by the Animal Control Officer.
Isolation shall continue for at least five (5) days from the date the symptoms suggestive of rabies were first observed. The isolation may be continued for a period longer than five (5) days if, in the opinion of any licensed veterinarian or the animal control officer, a longer period is necessary. At the expiration of the isolation period, any dog or, cat or other animal confined at the pound or animal shelter shall be released upon payment of the fees set by resolution of the City council or the jurisdiction operating the pound or animal shelter.
F. It shall be the duty of every licensed veterinarian in the citycity to report immediately to the animal control officer any animal observed by him/her as having rabies or is suspected of having rabies.
G. It shall be the duty of every physician, or other person, to report to the animal control officer the name and address of any person treated for a bite inflicted by an 9 1
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animal of a species subject to rabies infections, and any other information as required by the animal control officer.
H. The animal control officer shall take up, impound, and isolate for at least ten (10) days following the date of the alleged bite, any animal of a type subject to rabies that is reported to have bitten any person, whether or not such animal displays any symptoms suggestive of rabies. The animal shall be impounded and isolated in the manner provided in Subsection E above.
I. Any person who is 18 years of age or older may, however, make written request to the animal control officer for the isolation of such biting animal either in facilities provided by a licensed veterinarian or in a licensed boarding kennel or upon the private premises of the person making such request. If such request is approved by the animal control officer, such biting animal shall not be taken up and impounded buy shall instead be kept strictly confined and isolated in such veterinarian’s facilities or on such private premises for the isolation period.
J. Every person who, after requesting and obtaining approval for the keeping of a biting animal confined and isolated upon his/her private premises, fails for any reason whatsoever to keep such animal continuously confined and isolated upon his/her premises, either indoors or inside an enclosure, for a period of ten (10) days after the day such written approval of such confinement and isolation by the animal control officer, is guilty of an infraction. Any such animal, whether licensed or unlicensed, not continuously confined and isolated as required shall be taken up forthwith by the animal control officer and isolated as provided in Subsection E of this Section 6.04.040.
K. No person shall bring an animal or permit an animal to enter the citycity in which rabies exists, or has existed within the previous six (6) months unless the animal has 10 1
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been vaccinated with anti-rabies vaccine, and the owner of the animal has an official tag or other receipt showing that the animal has been vaccinated by a duly licensed veterinarian.
Section 6.04.050 REDEEMING IMPOUNDED ANIMALS:
A. The animal control officer upon the impounding of any animal, shall notify the owner, if known, in accordance with the provisions of Subsection F of this Section 6.04.050, or if unknown by posting a notice of impound containing a description of the animal and the time and place of apprehension for five (5) days on the city website. After the expiration of this period, any unredeemed animal may be disposed of as provided for in Subsection G of this Section 6.04.050.
B. Except as otherwise provided in Section 6.04.040, 6.04.117, 6.04.118, the owner of any animal impounded in accordance with the provisions of this chapter may at any time before the disposition of the animal redeem the animal. Upon proof satisfactory to the animal control officer that such person is the owner and is entitled to redeem such animal and upon payment of the redemption and maintenance charges as established by City Council resolution or by the jurisdiction operating the pound or animal shelter and upon obtaining a city dog license, if the dog is unlicensed and required to have such license, such animal may be redeemed by such person. The animal control officer shall issue a redemption receipt to the person redeeming the animal. The redemption receipt shall identify the amount of fees paid by the person redeeming the animal and contain a description of the animal redeemed, the date of redemption and the name and address of the person redeeming the animal.
C. Redemption fees and maintenance charges shall be set by CityCity Council resolution or the jurisdiction operating the pound or animal shelter. The redemption fees and maintenance charges set by City Council resolution shall be based upon the number of times an animal is impounded, as follows:
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1. First time within six months: Basic redemption fee.
2. Second time within six months: Double the basic redemption fee.
3. Third time within six months: Triple the basic redemption fee.
4. Each time after the third time within six (6) months: One Thousand Dollars ($1,000.00).
D. The Animal Control Officer is authorized at its discretion to hold for a period of ten (10) days any impounded dog in heat prior to redemption or disposal.
E. If any unlicensed animal or any dog bearing no license tag, is impounded under the provisions of this chapter and is not redeemed within ten (10) days after the date the animal is impounded, the Animal Control Officer may at any time thereafter dispose of the animal as provided in Subsection G of this Section 6.04.050.
F. If a dog licensed in accordance with the provisions of this chapter is impounded under the provisions of this chapter, the dog shall not be disposed of until after written notice has been given by the animal control officer to the owner of said dog at the address set forth in the city licensing records. The notice shall contain a description of the dog impounded, the breed, sex, the date the dog was impounded and identifying the amount fees necessary to redeem the dog. The notice shall be served by mailing by United States mail to the owner of the dog at the last address of the owner as shown on the city licensing records. If no person appears and redeems the dog within five (5) days after the date of mailing of the notice or within five (5) days after the dog was impounded, whichever is later, the animal control officer shall cause the dog to be disposed of as provided in Subsection G of this Section 6.04.050.
G. If the animal impounded is not redeemed within the redemption period or if the owner fails or refuses to comply with any of the requirements of redemption, the Animal 12 1
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Control Officer shall dispose of the animal according to the provisions of this Subsection G. In disposing of an impounded animal, the animal control officer may, in his/her discretion:
1. Release the animal to an animal adoption organization;
2. Release the animal to an animal rescue organization; or
3. Use any animal adoption procedures established by the animal shelter; or
4. Euthanize the animal in a humane manner and as provided by applicable law.
H. All animals impounded by the Animal Control Officer shall be kept at the risk of the owner, and neither the city nor its officials, officers, agents, employees volunteers or the officials, officers, agents, or employees or volunteers of another jurisdiction providing animal control officer services and animal shelter services to the city shall be liable to the owner for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitle to reclaim the animal. Neither the city nor its officials, officers, agents, employees, or volunteers or the officials, officers, agents, or employees or volunteers of another jurisdiction providing animal control officer serves or animal shelter services to the CityCity shall be liable for injury or disease to any animal incurred while the animal is being captured, transported, or impounded, or liable for the death or disposition of any animal.
Section 6.04.060 DUTIES OF ANIMAL CONTROL OFFICER:
The duties of the Animal Control Officer shall be as follows:
(A) To take up and impound any dog or other animal as required by this chapter, including, without limitation, dogs or other animals found to be running at large, staked, or tied 13 1
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or herded in any public place within the CityCity or upon the premises of any person other than the owner of such animal or as otherwise required by this chapter. (B) To make a complete registry of impounded animals, identifying as to each animal, the date of receipt, the breed, color, and sex of such animal, and if licensed, the number of such license and the name and address of the owners, if any, the date and manner of disposal and such additional records as may be required by the city or the jurisdiction providing animal control officer services or animal shelter services to the city from time to time. (C) To operate and maintain the city pound.
Section 6.04.070 AUTHORITY OF ANIMAL CONTROL OFFICER:
A. Each animal control officer shall have, and is hereby vested with the authority of a public officer in the performance of their duties, to enter upon any property pursuant to law, to ascertain if any of the provisions of this chapter or any laws, regulations or ordinances including, without limitation, the provisions of this chapter or any law, regulations or ordinances relating to disease, care, treatment, or cruelty to animals is being violated. Each Animal Control Officer may issue citations for the violation of the provisions of this chapter, any law, regulation or ordinance in the manner prescribed by said law, regulation or ordinance, and remove animals from said premises as the animal control officer deems necessary. The authority to issue citations for violations of this chapter or any law, regulation or ordinance in the manner prescribed by the city or the jurisdiction providing animal control officer services or animal shelter services to the city shall be in addition to any other authority provided by law.
B. In the performance of duties for the control of animals, the Animal Control Officer shall have the authority to employ the use of the tranquilizer gun or any other animal control devices in common use within the State of California. 14 1
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C. In addition to other authority provided by law for making arrests, the animal control officer is authorized to make arrests according to California Penal Code Section 836.5 for the purpose of enforcing and carrying out provisions of this chapter, or any law, regulation or ordinance.
D. Every person who willfully resists, delays, or obstructs or attempts to delay or obstruct the animal control officer in the discharge of or attempt to discharge, any duty of his/her office is guilty of a misdemeanor.
E. For the purpose of enforcing or discharging the duties of the animal control officer, imposed by this chapter, Health and Safety Code Section 121625, Government Code Section 53074, or other applicable laws, the animal control officer or any police officer may enter upon private property, except dwellings, as follows:
(a) When in pursuit of any animal which the officer has reasonable or probable cause to believe is subject to impoundment. (b) To impound or place in isolation or quarantine any animal which the officer has any cause whatsoever to believe or suspect has rabies, is a biting animal, is a potentially dangerous or vicious dog.
(c) To inspect or examine animals isolated on the property.
F. Except when time does not permit, such as in an emergency or when in fresh pursuit, before entering upon private property reasonable effort shall be made to locate the property owner or possessor of the animal to request permission to enter upon the property and to explain the purpose for entry.
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Section 6.04.080 ANIMAL CARE:
It shall be unlawful for the owners or persons having custody of any animal to permit, either willfully or through failure to exercise due care or control, any cruel acts upon any animal. "Cruel acts" are defined as follows:
A. To place, leave or expose, making accessible to animals, any poisonous substance.
B. To have, keep, or harbor any animal which is infected with any dangerous or incurable or painfully crippling condition. This Section shall not apply to animals within veterinary hospitals or under the care of a veterinarian, or having been diagnosed with any common, incurable disease where impoundment or quarantine is not recommended by a doctor of veterinary medicine.
C. To fail, refuse, or neglect to provide any animal in their charge or custody as owner or otherwise, with food, drink, shade or weatherproof housing facilities, or to carry any animal in or upon any vehicle in a cruel or inhumane manner.
D. To willfully, or maliciously kill, maim, disfigure, tease, torture, beat with a stick, chain, club, or other object, mutilate, burn, scald with any substance, overdrive or other cruelty set upon any animal, except that a reasonable force may be employed to drive off vicious or trespassing animals.
E. To promote, stage, hold, manage, conduct, carry on, or attend any game, exhibition, contest, or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming, or destroying themselves or any other animal or person.
F. No person shall keep upon any premises, any animals in a foul, offensive, obnoxious, filthy or unsanitary condition.
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Section 6.04.090 LIMITS ON NUMBER OF ANIMALS:
No person shall keep, harbor or maintain upon the person’s premises within the city more than a total of four (4) dogs over the age of four (4) months of age, and no more than a total of six (6) animals including dogs.
Section 6.04.110 EXCESSIVE NOISE; NUISANCE:
It shall be unlawful for any dog to be kept in the city, which, in a loud manner, excessively barks, howls, whines or makes any other noises which disturb the comfort or quiet enjoyment of any neighborhood or any person; provided the owner of the dog has been made aware of the disturbance created by the dog by the animal control officer. A dog cited for loud and excessive noises three (3) or more times within a twelve (12) month period shall be deemed a public nuisance and the owner shall remove the dog from the city’s incorporated limits. The failure of the owner to remove the dog in violation of this section is a misdemeanor as provided in Section 6.04.122 B of this chapter.
Section 6.04.111 AT LARGE PROHIBITED:
It shall be unlawful for any person having the ownership, care or possession of a dog or any other animal to allow or permit the dog or other animal (except a cat which has been spayed or neutered) to run at large within the city. A dog or other animal (except a cat which has been spayed and neutered) that is at large three (3) or more times within a twelve (12) month period shall be deemed a public nuisance and the owner shall remove the dog or other animal from the city’s incorporated limits. The failure of the owner to remove the dog in violation of this section is a misdemeanor as provided in Section 6.04.122 B of this chapter.
Except that, subject to the rules and regulations issued by the city regarding the use of the city dog park, an owner of a dog or any person having custody or control of a dog, may allow the 17 1
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dog to go upon and run at large within that portion of the city identified as the Laurel Street Ponding Basin which is specifically designated by the city as a dog park area.
Section 6.04.112 ANIMAL BITES:
Whenever it is shown the Animal Control Officer has determined that any animal has bitten any person, the owner of the animal shall, upon the order of the Animal Control Officer; (i) quarantine the animal and keep it tied up and confined for a period of ten (10) days, and shall allow the animal control or other authorized official to make an examination of the animal at any time during the period of quarantine; or (ii) delivery the animal to the animal shelter to be quarantined for a period of ten (10) days.
Section 6.04.113 PROHIBITED ANIMALS:
No animal, whether domesticated, undomesticated or exotic, other than common household pets such as a dog, cat, bird (domestic or exotic), rodent (including a rabbit), fish (domestic or exotic), turtle or small reptile traditionally kept at a personal residence for pleasure rather than for commercial purposes, shall be kept within the city limits of the city unless specifically allowed to be kept in the city limits of the city by the applicable provisions of the Kingsburg Municipal Code. As used herein, domesticated animal means livestock, poultry and similar animals. Exotic animal means any animal that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. The provisions of this Section 6.04.113 8 A shall not include animals that are used to assist persons with disabilities as the term disability is defined in the Americans With Disabilities Act.
Section 6.04.114 BREEDER PERMIT:
A. It shall be unlawful for any person to breed two (2) or more litters of dogs or cats in one calendar year without first obtaining a breeder permit. A person seeking a Breeder 18 1
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Permit must complete a Breeder Permit application in the form established by the city. The fees for a breeder permit shall be set by resolution of the City Council and must be submitted to the City Clerk along with the Breeder Permit application.
B. Breeding permit requirements are as follows:
1. No offspring can be sold/adopted until the offspring is eight (8) weeks of age
2. No offspring can be sold/adopted until vaccinated against common diseases identified by a veterinarian;
3. The breeder permit holder must display the Breeder Permit number when advertising the animals for sale or adoption.
C. It shall be unlawful for any breeder to advertise for the sale or adoption of a litter of dogs or cats in the city without including in the advertisement a city Breeder Permit number.
Section 6.04.115 PROHIBITION OF POTENTIALLY DANGEROUS OR VICIOUS DOG:
It shall be unlawful for a person to own, keep or harbor a potentially dangerous or vicious dog. Any dog which has been found to be potentially dangerous or vicious pursuant to the chapter, any county or ordinance or any ordinance of a jurisdiction providing animal control officer services or animal shelter services to the city or any state statute, shall be conclusively presumed to be potentially dangerous or vicious.
Section 6.04.116 PROCEDURE TO DETERMINE IF A DOG IS
DANGEROUS OR VICIOUS:
A. The animal control officer shall determine whether a dog is potentially dangerous or vicious whenever it has attacked, bitten or caused injury to any human or other 19 1
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animal. Within two (2) days after a dog which is wearing a license tag is impounded pursuant to this chapter, an animal control officer shall mail a written notice, to the person identified as the owner of the dog as identified in the city licensing documents for the dog, of the Animal Control Officer's determination that the dog is potentially dangerous or vicious and of the owner's right to a hearing on the issue of whether the dog is potentially dangerous or vicious. If the dog is not wearing a license tag the animal control officer shall make a reasonable effort to locate the owner of the unlicensed dog. If the animal control officer does not locate the owner of the unlicensed dog, the animal control officer shall dispose of the dog in accordance with the provisions of Section 6.04.119 C of this chapter.
B. The owner of a dog impounded pursuant to this Section may, within five (5) business days after the date of the written notice from the Animal Control Officer request a hearing on whether the dog is potentially dangerous or vicious by providing the Animal Control Officer with a written request for a hearing within said five (5) business day period.
Failure of the owner to request, in writing, a hearing within said five (5) business day period, shall constitute the owner’s waiver of the hearing and the determination by the Animal Control Officer that the dog is potentially dangerous or vicious shall be binding on the owner of the dog.
C. If an owner properly requests a hearing, the Animal Control Officer shall retain the services of a veterinarian or other person licensed to perform a behavioral study of the dog to determine whether the dog can be rehabilitated or retrained to eliminate the dangerous and vicious character of the dog. If the Hearing Officer finds the dog to be potentially dangerous or vicious, the owner of the dog shall reimburse the CityCity the cost of the behavioral study.
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D. When a hearing is requested pursuant to Subsection B of this Section, the Animal Control Officer shall set a date and time for such a hearing and send a notice thereof by regular mail at least five (5) business days before the hearing date to the owner at the address set forth on his or her request and shall also notify the victim and the Hearing Officer.
Section 6.04.117 CONDUCT OF HEARING:
A. A hearing requested in accordance with Subsection 6.04.116 B of this chapter shall be conducted before the Hearing Officer. The Hearing Officer shall be the Chief of Police or his/her designee.
B. The hearing shall be open to the public. The owner may be represented by legal counsel. The Hearing Officer shall hear all pertinent evidence offered by all interested persons.
The technical rules of evidence shall not be applicable to the hearing, except that the Hearing Officer's decision may not be based wholly on hearsay evidence. Each side shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues at the hearing even though the matter was not covered in the direct examination; and to rebut the evidence against him or her.
C. If the owner does not testify on his or her behalf, he or she may be called and examined as if under cross-examination, except where criminal charges under Sections
6.04.121 and 6.04.122 of this chapter are pending against the owner or if it is possible that such charges may be brought against the owner. All persons giving evidence shall be sworn before testifying. The owner may employ a shorthand reporter to record the hearing.
D. Any dog which has attacked, bitten or caused injury to a human being or other animal is presumed to be potentially dangerous or vicious and the burden is on the owner to present evidence that the dog is not potentially dangerous or vicious. 21 1
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E. In making a determination that a dog is or is not potentially dangerous or vicious, evidence of the following shall be considered:
1. Any previous history of the dog attacking, biting or causing injury to a human being or other animal;
2. The nature and extent of injuries inflicted and the number of victims involved;
3. The place where the bite, attack or injury occurred;
4. The presence or absence of any provocation for the bite, attack or injury;
5. The extent to which property has been damaged or destroyed;
6. Whether the dog exhibits any characteristics of being trained for fighting or attack or other evidence to show such training or fighting;
7. Whether the dog exhibits characteristics or aggressive or unpredictable temperament or behavior in the presence of human beings, other dogs or other animals;
8. Whether the dog can be effectively trained to change its temperament or behavior;
9. The manner in which the dog has been maintained by its owner;
10. The results of the behavioral study of the dog;
11. Any other relevant evidence concerning the characteristics or maintenance of the dog; and
12. Any other relevant evidence regarding the ability of the owner to protect the public safety in the future if the dog is permitted to remain in the city.
Section 6.04.118 HEARING DECISION:
A. At the conclusion of the hearing, the Hearing Officer may determine:
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1. That the dog is not a potentially dangerous or vicious dog and should be returned to its owner;
2. That the dog is not potentially dangerous or vicious, but the attack, bite or injury was the result of improper or negligent training, handling or maintenance and that the dog’s license should be revoked and proper training of the owner and the dog be required pursuant to Section 6.04.122 of this chapter.
3. That the dog is a potentially dangerous or vicious dog and shall be disposed of in accordance with Section 6.04.119 C, no sooner than thirty-five (35) days following the date or mailing of written notice of the Hearing Officer's decision, pursuant to this Section.
B. The decision of the Hearing Officer shall be in writing and shall be delivered personally to the owner or mailed to the owner by regular mailing at the address appearing on the request for hearing. A copy of the decision shall be mailed to the Animal Control Officer.
C. If the owner of the dog disagrees with the decision of the Hearing Officer, the owner may, within ten (10) days after the date of mailing of the Hearing Officer’s decision to the owner of the dog, file an appeal of the decision of the Hearing Officer with the Fresno County Superior Court as provided in California Food and Agricultural Code Section 31622 (a). The owner’s appeal of the Hearing Officer’s decision will be conducted pursuant to the provisions of California Food and Agricultural Code Section 31622 (b).
Section 6.04.119 DISPOSITION OF A POTENTIALLY DANGEROUS OR VICIOUS DOG:
A. It shall be unlawful for any person to own, possess, harbor or keep any dog declared to be potentially dangerous or vicious pursuant to this chapter. 23 1
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B. Any dog declared to be potentially dangerous or vicious, if not already impounded, shall be immediately surrendered to the animal control officer and it is the duty of the animal control officer to take up and impound any such animal.
C. Any dog declared to be potentially dangerous or vicious shall be humanely destroyed. The animal control officer shall sign an order authorizing the destruction of the animal thirty-five (35) days after the date of the mailing of the Hearing Officer’s decision to the owner of the dog.
Section 6.04.120 PROCEDURE IF DOG IS NOT FOUND POTENTIALLY DANGEROUS OR VICIOUS:
A. If it is determined that the dog is not potentially dangerous or vicious, but that the bite, attack or injury was the result of improper or negligent training, handling, maintenance or provocation, then the following conditions will be enforced:
1. Training will be required of the owner and the dog as determined by the Hearing Officer and monitored by the Animal Control Officer.
2. The current license will be revoked and a "provisional" dog license will be issued during a training period.
3. After successful completion of the training of the dog, as determined by the animal control officer, the dog shall be issued a current city dog license and the owner will pay all license fees and penalties as may be required.
4. Any violation of the training terms set forth by the Hearing Officer will result in immediate impoundment. The dog will be declared to be potentially dangerous or vicious and humanely destroyed no sooner than five (5) days after mailing a notice of violation of training and impoundment.
Section 6.04.121 PENALTIES FOR DOG BITES AND ATTACKS:
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A. In any case where a dog attacks a human being or another animal, such act shall constitute a separate and distinct violation, and shall be punishable as follows:
1. Any person whose dog attacks a human being without causing bodily injury, or attacks another animal, shall be guilty of an infraction and shall be punished upon a first conviction by a fine of One Hundred Dollars ($100.00) and for a second conviction within a period of twelve (12) months by a fine of Two Hundred Dollars ($200.00) and for a third or subsequent conviction within twelve (12) months, by a fine of Five Hundred Dollars ($500.00).
2. Any person whose dog attacks a human being causing bodily injury shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the County jail for not more than six (6) months, or by both such fine and imprisonment.
3. After each attack or bite, the animal control officer shall determine whether a dog is potentially dangerous or vicious pursuant to Section 6.04.118 of this chapter.
Section 6.04.122 PENALTIES GENERALLY:
A. Except as otherwise provided in Section 6.04.121 of this chapter, any person violating any provision of this chapter shall be deemed guilty of an infraction and shall be subject to the following fines:
1. One Hundred Dollars ($100.00) upon the first offense.
2. Two Hundred Dollars ($200.00) upon the second offense in a twelve (12) month period.
3. Five Hundred Dollars ($500.00) upon the third offense in a twelve (12) month period.
B. If any violation is continued, each day's violation shall be deemed a separate violation. Any person found guilty of more than three (3) violations of this chapter within a 25 1
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twelve (12) month period shall be deemed guilty of a misdemeanor and fined up to one thousand dollars ($1,000.00) or imprisoned in the county jail for not more than six (6) months for each misdemeanor conviction. The person shall also pay any and all expenses, including shelter, food, veterinarian expenses for identification or certification or boarding associated with the seizure impounding of their dog.
Section 6.04.123 PROTECTION OF POLICE CANINE UNITS:
A. It shall be unlawful for any person to willfully or maliciously torture, tease, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the Kingsburg Police Department, or any other law enforcement agency while engaged in mutual aid assistance to this city or the designated handlers of such animals, while any such dog is in the performance of the functions or duties of the police department or other law enforcement agency, or to willfully interfere with or obstruct any such dog while it is being used in the performance of any of the duties or functions of the department or other law enforcement agency.
B. No provision of this section shall be constructed to prohibit any act made unlawful by any general law of the state of California, but said section is intended to be supplemental thereto.
Section 6.04.124 PUBLIC EVENTS OR ASSESMBLIES:
The City Council may, by resolution, prohibit dogs whether or not confined by leash, from attendance at any public event as that term is defined in Section 6.04.010 and any assembly as that term is defined in Section 12.16.010 of this code. The prohibition of dogs shall not apply to guide dogs and other service dogs to assist disabled persons attending the public event or assembly.
Section 6.04.125 MANDATORY MICROCHIPPING OF DOGS:
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Any dogs in the city shall be implanted with an identifying microchip. The owner is required to provide the microchip number to the City Clerk and shall notify them City Clerk and the national registry applicable to the implanted chip of any change of ownership of the dog or any change in the owner’s contact information. Upon redemption of a dog from the pound or animal shelter, the owner shall comply with this section and have the dog implanted with a microchip and provide microchip number to the City Clerk.
Section 6.04.126 COMMERCIAL ANIMAL ESTABLISHMENTS:
It is unlawful for any person, firm, corporation, limited liability company, partnership, or association to establish and maintain any commercial animal establishment or pet shop without first obtaining a business license from the city. After inspection and approval of the conditions of the commercial animal establishment by the animal control officer or other city official, the required business license may be issued by the city. Such license shall be issued pursuant to city licensing regulations, provided any inspection by the animal control officer or other city official does not reveal any violation of the provisions of this chapter, the city Building Codes and Zoning Ordinances and any other laws, ordinances, rules or regulations.
Every person within the city who owns, conducts, manages, a commercial animal establishment for which a city business license or other city approval is required to comply with each of the following conditions:
1. Housing facilities shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals.
2. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.
3. All animals shall be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require. 27 1
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4. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals.
5. All reasonable precautions shall be taken to protect the public from the animals and the animals from the public.
6. Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to the physical needs of the animals.
7. All animal rooms, cages, and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein.
8. All animal runs shall be of concrete and provided with adequate drainage into an approved sewer or individual sewer disposal installation.
9. All animals shall be taken to a licensed veterinarian for an examination and treatment if so ordered by the animal control officer.
10. Every violation of applicable regulation shall be corrected within the time to be specified by the animal control officer.
11. Commercial animal establishments shall comply with all other applicable city codes and ordinances.
12. All commercial animal establishments may be inspected from time to time by the animal control officer or other city official to ensure compliance with this Section and to investigate any complaints of violations of the provisions of this Section.
Failure of the applicant for a license or other city approval to comply with any one of the foregoing conditions shall be deemed just cause for the denial of any business license, whether original or renewal and/or the issuance of a citation for violations pursuant to provisions of this Section and revocation of the business license. 28 1
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Section 6.04.127 PERMIT REQUIREMENTS:
Application for all kennel permits pursuant to this chapter shall be filed with the Police Department on a form prescribed by the Police Department. Fees charged for these permits shall be set annually by resolution of City Council. The kennel permits shall be issued for the calendar year or any part thereof and are effective from July 1 of each year and expire on June 30 of that same year. Renewal of the permit and payment of any permit fee are due and payable on July 5 of each year. The Finance Department shall collect a late fee in an amount equal to the amount as established for late fees as established by resolution of the City Council. Any or all of the permits issued in accordance with this chapter may be immediately suspended for any violations of the permit or any provision of this chapter.
Section 6.04.128 KENNEL PERMIT:
It shall be unlawful for any person(s) to own, maintain, or harbor any more than five (5) dogs within the city limits without first obtaining a kennel permit from the city. A kennel permit shall permit no more than ten (10) dogs to be kept, harbored or maintained upon a person's premises within the city limits. The kennel permit fee shall be set by resolution of the City Council. The applicant for a kennel permit must comply with the following conditions before issuance of a permit:
1. Compliance with the city zoning requirements must first be established for each kennel construction/use proposal prior to proceeding with environmental health, sanitation, and construction review of the proposal.
2. Complete plans and specifications of the kennel facilities shall be submitted to and be approved by applicable city Departments prior to the construction. 29 1
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3. Kennel buildings (pens) shall not be located within fifty feet (50') of any property line and forty feet (40') from any habitable building.
4. Kennel buildings must be constructed with masonry walls, sloped to drain concrete floors, soundproofing, including double pane windows and adequate ventilation as determined by the City Building Official.
5. Dogs must be placed in the masonry kennel building between six o'clock (6:00) P.M. to seven o'clock (7:00) A.M.
6. The entire kennel and pen area must be screened from view by a solid six foot (6') high fence. Dogs may at no time run loose or be outside of this fenced area unless on a leash.
7. Minimum dog run size (horizontal dimension) will be four feet by ten feet (4' x 10') inside kennel area and four feet by twelve feet (4' x 12') outside kennel area.
8. Feed storage, medicated feed, medicine and supplies must be kept safe from children and others in a separate locked rodent-proof room or secured place. All feed shall be kept in rodent-proof containers which are placed eighteen inches (18") above the floor surfaces.
9. Separate hand washing and toilet room facilities must be available in the kennel area.
10. Pens must be kept clean and sanitary at all times with an effective fly and odor control program submitted to the City for approval.
11. No portion of the kennel or its dog occupants will be allowed to become a nuisance.
12. No exterior lighting shall interfere with neighboring residential properties.
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13. Maximum dog occupancy of each and all portions of the kennel facilities shall be as determined by the animal control officer or other official.
Upon completion of the above requirements and final construction approval by the applicable city departments, a kennel license shall be obtained from the City Clerk.
The permit will be for a city fiscal year, or any part thereof in which the permit is required, with the permit fee due and payable on July 5 of each year.
Section 6.04.129 SPAY/NEUTER COMPLIANCE FOR SHELTER
ANIMALS:
A spay or neuter deposit will be required upon the purchase of any unaltered dog from the animal shelter pursuant to Food and Agriculture Code section 30503. The deposit will be applied to the spay or neuter surgery of the animal.
Any dog sold from the animal shelter shall be spayed or neutered within thirty (30) days of adoption for animals more than six (6) months of age. For animals less than six (6) months old, they shall be spayed or neutered within thirty (30) days of reaching six (6) months of age for females and within thirty (30) days of reaching eight (8) months of age for males. An extension of time to perform surgery may be granted by the animal control officer if a veterinarian provides a medical determination that the surgery cannot be performed as scheduled and must be postponed.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the ____ day of ____________, 2024, by the following vote:
AYES: Council Member ___________________________
___________________________
___________________________
___________________________
___________________________
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NOES: Council Member ___________________________
ABSTAIN: Council Member ___________________________
ABSENT: Council Member ___________________________
APPROVED ___________________________
Mayor
ATTEST: _________________________
City Clerk
STATE OF CALIFORNIA )
COUNTY OF FRESNO )ss
CITY OF KINGSBURG )
I, ABIGAIL PALSGAARD, City Clerk of the City of Kingsburg, do hereby certify the foregoing ordinance was duly introduced at a regular meeting of the City Council of the City of Kingsburg on the ____ day of _________, 2024, and it was duly passed and adopted at a regular meeting of said City Council held on the _____ day of ___________, 2024.
Dated: __________________________ _________________________________ Abigail Palsgaard, City Clerk
11140 – 307/Ordinance – Amendment to Municipal Code 6.04 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Alexander J. Henderson; ICMA-CM REVIEWED BY: AP AGENDA ITEM: Cancellation of October 16, 2024 City Council Meeting ACTION REQUESTED: ___Ordinance ___Resolution __Motion _____Receive/File
EXECUTIVE SUMMARY
The majority of City Council will be attending the 2024 League of California Cities Conference in Long Beach, CA, scheduled for October 16th-20th. The second regular City Council meeting of October is scheduled for Wednesday, October 16, 2024. Given the conflict and lack of quorum, staff is recommending cancellation of the October 16th council meeting.
RECOMMENDED ACTION BY CITY COUNCIL
1. Approve the cancellation of the October 16, 2024, regular city council meeting.
POLICY ALTERNATIVE(S)
1. Council could choose to reschedule the meeting to an alternate date.
REASON FOR RECOMMENDATION/KEY METRIC
1. Improve Community Communication
FINANCIAL INFORMATION
ATTACHED INFORMATION
1. None
Meeting Date: 08/07/2024
Agenda Item: 5.8
FISCAL IMPACT:
1. Is There A Fiscal Impact? N/A
2. Is it Currently Budgeted? N/A
3. If Budgeted, Which Line? N/A
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell, Jr. & City Council
REPORT FROM: Alma Colado, Finance Director REVIEWED BY: AP AGENDA ITEM: Treasurer’s Reports
ACTION REQUESTED: ___Ordinance ___Resolution _√_ Motion ____Receive/File
EXECUTIVE SUMMARY
Attached for the Council’s information is the Treasurer’s Report for the Quarter ended June 30, 2024. Historically, the City invested most of our reserves with the Local Agency Investment Fund (LAIF). LAIF is a pooled investment fund established by the state to provide cities with safe investment option that is administered by the State of California Treasure’s Office. Interest rates in LAIF lag behind the current economic trends; earnings or returns are typically lower than other investment channels. At the end of the fourth quarter, the interest rate for LAIF was at
4.55%.
Currently the cash balances of the City of Kingsburg are invested in Local Area Investment Fund Pool (LAIF) and California CLASS Pool investments.
In the first half of the 2022-23 Fiscal Year, the Council amended the city’s financial policy to allow for investment with California CLASS. CA CLASS is a local government investment pool that provides public agencies with the opportunity to pool their funds together with the goal of collectively earning interest on investments. “The California CLASS philosophy is to provide competitive returns while focusing on safety and liquidity. While CA CLASS operates a similar formula, the short to medium term securities portfolio offers the opportunity to optimize interest earnings, while not sacrificing safety or liquidity of the funds. At the end of the fourth quarter, the interest rate for CA CLASS was at 5.40%.
The monthly financial summaries attached provide a detailed report of the City’s cash and investments.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff recommends City Council accept the Treasurer’s Report from April 30, 2024 to June 30, 2024.
POLICY ALTERNATIVE(S)
1. N/A
REASON FOR RECOMMENDATION/KEY METRIC
1. Financial Stability
Meeting Date: 08/07/2024
Agenda Item: 5.9