AGENDA
KINGSBURG CITY COUNCIL REGULAR MEETING
WEDNESDAY, August 20, 2025 at 6:00pm
Meeting held in the Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559) 897-5821
www.cityofkingsburg-ca.gov
The Council Chamber is accessible to the physically disabled. Requests for additional accommodations for the disabled should be made 48 hours prior to the meeting by contacting the City Clerk at 559-897-6520.
Any document that is a public record and provided to a majority of the City Council regarding an open session item on the agenda will be made available for public inspection at City Hall, in the City Clerk's office, during normal business hours. In addition, such documents may be posted on the City's website.
Unless otherwise required by law to be accepted by the City at or prior to a Council meeting or hearing, no documents shall be accepted for Council review unless they are first submitted to the City Clerk by the close of business one day prior to said Council meeting/hearing at which the Council will consider the item to which the documents relate.
The meeting will be held in person. Public comment may be made in person or submitted in writing.
Members of the public who wish to provide written comments are encouraged to submit their comments to the City Clerk at [email protected] by the close of business one day prior to the start of the meeting to ensure that the comments will be available to the City Council. Please indicate the agenda item number to which the comment pertains. Written comments that do not specify a particular agenda item will be marked for the general public comment portion of the meeting. A copy of any written comment will be provided to the City Council at the meeting. Please note that written comments received will not be read aloud during the meeting but will be included with the meeting minutes.
Brandon Pursell, Mayor
Vince Palomar, Mayor Pro Tem Staci Smith, Council Member Laura North, Council Member David M. Silva, Council Member Kingsburg City Council Agenda
August 20, 2025
Invocation to be given by Pastor John Dostal, Kingsburg Concordia Church, followed by the Pledge of Allegiance led by Mayor Brandon Pursell.
CALL TO ORDER AND ROLL CALL
APPROVE AGENDA - To better accommodate members of the public or inconvenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed.
Additions to Agenda may be added only pursuant to California Government Code Section 54954.2 (b).
PRESENTATIONS AND INFORMATIONAL REPORTS:
Measure C Presentation - FCOG Executive Director Robert Phipps PUBLIC COMMENT - Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Speakers should limit their comments to not more than THREE (3) minutes. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the Council as each item is brought up for discussion.
CONSENT CALENDAR - Items on the Consent Calendar are considered routine and include a recommended action from Staff and shall be acted on by one motion of the Council. If a Council member requests additional information or would like to pull an item for discussion, that item shall be pulled from the Consent Calendar and acted upon separately. A motion to approve the Consent Calendar is deemed to include a motion to waive the full reading of any ordinance or resolution on the Consent Calendar.
1. Approval of City Council Minutes: Approve the minutes from the August 2, 2025 Regular Council Meeting as prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk’s Office
2. Check Register: Ratify/approve payment of bills listed on the check register for the period July 29, 2025, through August 11, 2025, as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
3. Adopt Resolution 2025-043 Approving the destruction of records as listed on Exhibit A.- Staff report by City Clerk Abigail Palsgaard Sponsor:
City Clerk’s Office
4. Adopt Resolution No. 2025-044 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 2025-2026 and authorize the Finance Director to sign the Local Transportation Pass Through Revenue Certifications and Claim Forms .- Staff report by Finance Director Alma Colado.
Sponsor: Finance Department
5. Authorize the City Manager to enter into Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on-call right of Way, Appraisal, and Acquisition Consulting Kingsburg City Council Agenda
August 20, 2025
Services between Universal Field Services and Hamner and Jewel for State and Federally funded transportation projects.- Staff Report by Public Works Director Daniel Galvez.
Sponsor: Public Works Department
6. Authorize the City Manager to enter into Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on-call Materials Testing & Geotechnical Services between BSK Associates, Moore Twining Associates and Krazan & Associates for State and Federally funded transportation projects. - Staff Report by Public Works Director Daniel Galvez.
Sponsor: Public Works Department
7. Authorize the City Manager to execute Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on-call engineering services between Peters Engineering and the City of Kingsburg for State and Federally funded transportation projects. - Staff Report by Public Works Director Daniel Galvez.
Sponsor: Public Works Department
8. Adopt Resolution 2025-045 a Resolution of the Kingsburg City Council giving permission to Kingsburg Fire Department to apply and implement a LISTOS OES CERT grant program. – Staff Report by Fire Chief Rodnie Roberts
Sponsor: Fire Department
9. Approve the surplus and sale of the 2007 Smeal Fire Engine to the Riverdale Volunteer Fire Department.– Staff Report by Fire Chief Rodnie Roberts
Sponsor: Fire Department
10. Approve an automatic aid agreement between the City of Kingsburg and Tulare County Fire Department.– Staff Report by Fire Chief Rodnie Roberts
Sponsor: Fire Department
11. Approve the contract between the City of Kingsburg and Valley Regional Occupational Program (Valley ROP) to participate in field internships with the Kingsburg Fire Department. – Staff Report by Fire Chief Rodnie Roberts
Sponsor: Fire Department
REGULAR CALENDAR
12. Measure E Extension Presentation - Staff report by City Manager Alexander Henderson.
Presentation by Matthew “Mal” Richardson, Partner, Best Best Krieger, Special Counsel Sponsor: City Manager’s Office
Informational – no action deemed necessary
13. Chamber of Commerce Contract Discussion- Staff report by City Manager Alexander Henderson
Sponsor: City Manager’s Office
Action as Deemed Necessary
Kingsburg City Council Agenda
August 20, 2025
14. Engineer’s Report- Report by City Engineer Dave Peters Sponsor: Engineering Department
Informational – no action deemed necessary
15. Federal and State Transportation Grant Project Awards - Staff report by City Engineer Dave Peters
Sponsor: Engineering Department
Informational – no action deemed necessary
FUTURE AGENDA ITEMS
Council requests for future agenda items. Items require a consensus.
CITY MANAGER’S REPORT
COUNCIL REPORTS/COUNCIL COMMITTEE REPORTS
Brief report by Council members on City related functions as authorized by the Brown Act.
ADJOURN REGULAR KINGSBURG CITY COUNCIL MEETING
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 15th day of August 2025.
____________________________________
Abigail Palsgaard, City Clerk
Measure C
Update
August 20, 2025
City of Kingsburg MeasureC2026.com
How much does it cost
families?
MeasureC.com
Measure C Local Funds - Kingsburg
- City of Kingsburg Local Funds
10 projects
completed
Rural Project Totals
Measure C Funds: $252 Million
State Funds: $191 Million
Federal Funds: $33 Million
Regional Transportation Program
Rural Projects
Direct Measure Benefits - Kingsburg
Regional Projects:
• SR 201 Route 99 to County Line $5.77M
• Golden State Boulevard (Kingsburg portion) $17.6M
• Mountain View Avenue Widening $18.5M (Bethel to Tulare County Line) Other Programs:
New Technology Reserve $1.525M
Transit Oriented Development $157K
Public Transit Program
Fresno County Rural Transit Agency Funding
3.99% of the 2007 – 2027 Measure
$4.337 Million (2023-2024 Annual Allocation)
$49.67 Million-to-date (As of June 2024)
Countywide Programs
The Measure C Renewal Plan:
Reimagine
Updated Pavement Condition Index (PCI) Analysis
48 61
62 70
72 0
10 20
30 40
50 60
70 80
90 100
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 PCI
Year
No Measure C 30yr40% 30yr50% 30yr60% 30yr70%
0 1,000,000,000
2,000,000,000
3,000,000,000
4,000,000,000
5,000,000,000
6,000,000,000
7,000,000,000
8,000,000,000
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 30-Year Measure C Revenue Forecast (2027-2057) @ 4% Annual Growth Rate
$7.25 Billion over 30
years
Questions?
MeasureC2026.com
Kingsburg City Council
Regular Meeting Minutes
August 6, 2025
Invocation was given by Pastor Faith Escobedo, Rick Alonzo Ministries, followed by the Pledge of Allegiance led by Mayor Brandon Pursell.
CALL TO ORDER AND ROLL CALL: Mayor Pursell called the regular meeting of the Kingsburg City Council to order at 6:00pm.
COUNCIL MEMBERS PRESENT: David Silva, Laura North, Vince Palomar and Mayor Pursell.
COUNCIL MEMBERS ABSENT: Staci Smith.
APPROVE AGENDA: A motion was made by Council Member Silva, seconded by Council Member Palomar, to approve the agenda, as published. The motion carried by a unanimous voice vote of those members present.
PRESENTATIONS AND INFORMATIONAL REPORTS:
Public Works Maintenance Worker III David Green Celebration of 25 Years of Service and Retirement
Staff, public and Council thanked David Green for 25 his service to the City of Kingsburg.
PUBLIC COMMENT: None.
CONSENT CALENDAR: A motion was made by Council Member North, seconded by Council Member Silva, to approve the items appearing on the Consent Calendar. The motion carried by a unanimous voice vote of those members present.
1. Approval of City Council Minutes: Approve the minutes from the July 16, 2025, Regular Council Meeting as prepared by City Clerk Abigail Palsgaard.
Sponsor: City Clerk’s Office
2. Check Register: Ratify/approve payment of bills listed on the check register for the period July 8, 2025, through July 28, 2025, as prepared by Accounts Payable Clerk Marsha Alves.
Sponsor: Finance Department
3. Designate Mayor Brandon Pursell as the Voting Delegate of the 2025 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
4. Adopt Resolution 2025-041 approving amendment to The Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority- Staff report by Assistant City Manager Christina Windover.
Sponsor: Assistant City Manager’s Office
5. Approve the Police Department’s transition from Sig Sauer P320 (9mm) to Smith & Wesson M&P 2.0 (9mm) service pistols through a budget amendment and authorize an internal sale Kingsburg City Council Minutes
August 6, 2025
process to allow sworn and retired peace officers the option to purchase a department Sig P320 (9mm) at a fair market value, as determined through industry research and consultation with licensed firearms dealers.- Staff report by Police Chief Neil Dadian.
Sponsor: Police Department
REGULAR CALENDAR
July 3rd Independence Day Event Recap – Staff report by Community Services Director Adam Castaneda
Sponsor: Community Services Department
Community Services Director Adam Castaneda highlighted the success of the July 3rd Independence Day. In May, City Council directed staff to find a non-profit partner for the July 3rd Independence Day Celebration after the Chamber of Commerce withdrew support.
The Kingsburg Seawolves partnered with the City to plan and host the event. The City funded fireworks at $25,500. The event raised $13,347.88 from gate and parking (split between the City and Seawolves) and $1,882.37 in Seawolves concession sales. Feedback was positive, with suggested improvements in traffic control and entertainment. Staff recommend offering the Seawolves right of first refusal for 2026 and is exploring sponsorship.
Amanda Hofer, Seawolves representative, thanked Council for allowing them to host the Independence Day fireworks.
Council discussed with Ms. Hofer the fundraising, future plans and thanked the Seawolves for taking on the event with such short notice.
Mayor Pursell is supportive of it, he would like to keep it a competitive process. Now that he has seen it in person, he thinks it is a good use of taxpayer funds. He would like to revisit to see if it can be funded each year.
Council Member Palomar agrees that it is a great celebration. With sponsorship and a year’s time we can raise more money for the event. He agrees with checking in each year to see if it is financially feasible.
Council Member Silva agrees with their comments. He was a proponent of opening it up to all of the non-profits. He supports allowing the Seawolves to host the event next year. They have earned the right.
Council Member North agrees, since they took it last minute and it would be fair to give them a full year to see how the event can go. As far as paying for the fireworks, I think we should have an amount and stick to it. Sponsorships will make the show bigger.
City Manager Alexander Henderson stated we spent $25,500 on the A Show from the vendor. Mayor Pursell asked about approving up to $30,000 to be paid to the 3rd party vendor. Council Member North asked if sponsorships would go towards this? Mayor Pursell would like to give the City Manager Henderson the authority help replenish the funds and also make it equitable.
Kingsburg City Council Minutes
August 6, 2025
A motion was made by Mayor Pursell, seconded by Council Member Silva, to partner with the Seawolves for the 2026 Independence Day Festival, authorize purchasing a firework show from a 3rd party in the amount up to $30,000, authorize the city manager to negotiate the contract with the Seawolves, and revisit the funding and partnership next year. The motion carried by a unanimous voice vote of those present.
City Manager Henderson wanted clarification that if we have a large sponsor to have naming rights. Council is fine with that.
Safe Routes to School Project Consideration – Staff report by City Engineer Dave Peters Sponsor: Engineering Department
Will Washburn presented the Measure C Safe Routes to School funding opportunity, aimed at improving safety for students walking or biking to school, with a focus on high-risk and disadvantaged areas. The Traffic Safety Committee recommended submitting an application for flashing beacons near Rafer Johnson Junior High and Lindquist Street, and for school zone signage and striping upgrades at five local schools.
Council Member North asked if they we reached out to the schools. It is a COG/Federally funded project. It has been discussed overall with the schools. Staff saw the higher priority is the pedestrian traffic at Rafer and Reagan. Council Member North said when she was at COG they said it was matching funds grant and that could be why the school district did not participate. City Manager Henderson said that could be why they are using Measure C funds to match the federal funds.
A motion was made by Council Member Palomar, seconded by Council Member North, to approve Resolution 2025-042 authorizing staff to submit a Safe Routes to School grant application for the staff recommended projects. The motion carried by a unanimous voice vote of those present.
Q1 & Q2 2025 Code Enforcement Update – Presentation by Building Official AJ O’Connell Sponsor: Community Development Department
Informational – no action deemed necessary
Building Official AJ O’Connell gave his quarterly reports of the first six months of 2025. In the first half of 2025, the Code Enforcement Division opened 390 cases, a 16% increase from 2024, with 78% initiated proactively. Key violations included property maintenance, water use, and parking. Staff conducted 926 inspections and issued 276 Courtesy Notices and 34 Administrative Citations, focusing on gaining compliance rather than collection. Notable efforts included successful weed abatement in vacant lots and participation in the county-wide Point-in-Time homelessness count. The City also adopted an ordinance regulating infectious materials in partnership with Fresno County.
Council discussed some of the challenges that code enforcement has, and thanked Mr. O’Connell and his staff for their hard work.
FUTURE AGENDA ITEMS: None.
CITY MANAGER’S REPORT
Kingsburg City Council Minutes
August 6, 2025
City Manager Henderson reminded Council about the repaving starting the next day. Also, that on August 20, 2025, we will be hearing from BBK, the law firm the city retained to assist us with the Measure E extension effort.
COUNCIL REPORTS/COUNCIL COMMITTEE REPORTS
Council Member Silva gave an update on the business spark sign, the Swedish Mill and the business park. The Kollective has moved to the Mercantile. SKGSA and the Kingsburg Health Care District have meetings on August 13, 2025. He also wanted to report the famers markets have been amazing, thanked the Chamber for putting those on. He attended the Babe Ruth tournament; he wanted to recognize the baseball players for their sportsmanship.
Council Member North reported BID met yesterday. Noted they are still short a member and are looking for another member. BID Committee will meet on September 2, 2025. And Chamber of Commerce is meeting Tuesday, August 12, 2025.
Council Member Palomar reported the Public Safety Committee is scheduled to meet August 12, 2025, Planning Commission will meet on August 14, 2025, and SKF will meet on August 21, 2025. He also commented on the new signs at the parks, they look nice. Discussed the Regional teams, commented the Hawaiian team loved Kingsburg and the local restaurants’ hospitality.
Mayor Pursell reported he had Council of Governments last week. The primary issue was Measure C; there is a lot going on that needs to be sorted out. Mayor Pursell is asking citizens to pay attention to the measures, and stated he is fighting to make sure Kingsburg gets the percentage that we deserve.
Fresno County Rural Transit is getting a new director, they appointed Jenell Del Campo. Mayor Pursell was assigned to write her labor contract. Lastly, he and City Manager Henderson met with Congressman Costa. He has always been good to Kingsburg; he has financially pushed for Kingsburg in the Capitol. Kingsburg is still in the running for $1,000,000 the potential city hall build out.
Mayor Pursell adjourned the Regular Kingsburg City Council Meeting at 7:07 PM.
Submitted by:
____________________________________
Abigail Palsgaard, City Clerk
Accounts Payable
User:
Printed:
marshaa
8/11/2025 11:40 AM
Checks by Date - Detail by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
ACH 4789 US BANKCORP SERVICE CENTER 08/01/2025
CC Beasley Save Mart- Gatorade PW 7/16/25 26.17
CC Beasley Dollar Tree- Cups and Plates PW 7/17/25 12.36 CC Colado Amazon-Finance Supplies-Desk Lamp, HEPA filters, BandAids 107.05 CC Colado Staples-Finance Supplies Binder for Pink Slips 29.86 CC Colado Staples-Finance Supplies- Paper and tape 62.35 CC Colado Staples-Finance Supplies- Binder for Pink Slips 29.85 CC Colado Staples-Finance Supplies Paper, tape 62.36
CC Colado Amazon-Finance Supplies Refund-air filters -38.14 CC Colado Amazon-Finance Supplies-Desk Lamp, HEPA filters, BandAids 107.04 CC Colado Amazon-Finance Supplies Refund-air filters -38.13 CC Cstaneda Amazon - Pool supplies-Nose bleed plugs 10.89 CC Cstaneda Insta Cart Pool Concession/supplies 500.11
CC Cstaneda Sam's Club- Senior Meal Program Supplies 129.33 CC Cstaneda Pepsi Co/ Pool Concessions 769.21
CC Cstaneda InstaCart-pool concession/supplies 306.22
CC Cstaneda Amazon - Pool supplies-Swiffer Wet Jet and floor cleaner 76.89 CC Cstaneda Pepsi Co/ Pool Concessions 1,198.02
CC Dadian CPCA- California Police Chiefs Association 170.00 CC Galvez Water/ Gatorade Waterleak 7/16/25 19.97
CC Galvez Fountain Chlorine Supplies 144.60
CC Galvez Ice-Water Leak 7/16/2025 7.62
CC Hndrson IPad & Cover Replacement 319.23
CC Hndrson Toms; Seawolves Fireworks Recap 19.50
CC Hrnandez SaveMart Kitchen supplies for Station 2 50.01 CC Hrnandez NFPA membership- Sean 116.99
CC Hrnandez CVS covid test office 20.65
CC Hrnandez NFPA membership- FP membership 225.00
CC Hrnandez Covercraft seat covers for pick up trucks 394.57 CC Hrnandez Covercraft seat covers for pick up trucks 789.10 CC Hrnandez Nat'l Protection & Safety - BLS ecards, ACLS, Heartsaver 993.75 CC Hrnandez NFPA membership- Crabb 129.99
CC Osbrne Fire house direct- aluminum hose adapters x6 361.53 CC Owen Amazon- Clipboards 17.65
CC Owen Amazon-Janitorial Supplies Paper towels 88.80
CC Owen Amazon- Desk Converter K Bartel 186.34
CC Owen ICC 1 year digital code premium 794.00
CC Owens O'Reily's - Windshield wipers F150 utility 58.16 CC Ploszaj CREDIT- returned Office chair -174.35
CC Ploszaj CRPOA Membership renewal (3) 375.00
CC Plsgrd CMCA Annual Conference Registration 650.00
CC Plsgrd Business License Training Registration 7/18/25 45.00 CC Plsgrd IIMC Athenian Dialogue Training 7/23/25-7/24/25 100.00 CC Plsgrd Business License Training 265.73
CC Plsgrd Amazon-Standing Desk 157.46
CC Plsgrd Admin Car Wash 11.00
CC Plsgrd Admin Car Fill up 57.06
CC Plsgrd Business License Training 221.16
CC Plsgrd IIMC Master Municipal Clerk Application Fee 400.00 AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
CC Plsgrd Business License Training Hotel Refund -265.73 CC Salinas USPS- return Zero9 holster 21.94
CC Wndover Roadhouse-D. Green Retirement 250.00
CC Wndover Toms Doughnuts-457 Meeting 38.75
Total for this ACH Check for Vendor 4789: 10,411.92
88003 3006 AIRGAS NCN 08/01/2025
9163028410 Oxygen 187.81
Total for Check Number 88003: 187.81
88004 3565 AMAZON CAPITAL SERVICES 08/01/2025
163R-7MWV-XXMK WIRELESS CHARGER CERT TRAILER 59.35
1C94-6PQJ-LY47 RETURN CABINET FOR RADIOS/FER -348.59
1FR9-K9T1-W9TH ROAD FLARES FOR VEHICLES 335.42
1HMX-Y3CJ-6TKH TUBES FOR HAND TRUCK 12.31
1M63-L79D-PJCT DEPT SUPPLIES TPAPER TOWELS 148.04
1QXD-1RCG-6N1N REFLECTIVE TRIANGLES W/CASE E142 25.87
1RPP-FTQF-FNPD DEPT SUPPLIES SOAP 69.36
1XGD-WNFM-XPPJ RETURN LOCKS FOR CERT TRAILER -193.98
Total for Check Number 88004: 107.78
88005 5135 GARY ANDREIS 08/01/2025
refund Ambulance Overpayment refund Acct# 202501080119-KI:1 2,415.84 Total for Check Number 88005: 2,415.84
88006 4307 AT & T MOBILITY 08/01/2025
June2025 ACT Cell (Guzman) 45.20
June2025 ACT MDT 29/Body Cam 8 80.48
June2025 ME MDT/Body Cam 281.68
June2025 ME Cell 429.68
June2025 GF Cell 810.77
June2025 GF MDT/Body Cam 643.85
June2025 KESD MDT 46/Body Cam 10 80.48
June2025 KHS Cell (Arevalo) 49.91
June2025 KESD Cell (Jimenez) 49.91
June2025 KHS MDT 23/Body Cam 23 80.48
Total for Check Number 88006: 2,552.44
88007 3300 AVENU INSIGHTS & ANALYTICS 08/01/2025
INV06-021388 SUTA Services CA-Q1 Quarter ending March 31,2025 6,462.45 INV06-021389 SUTA Services CA-Q1 Quarter ending March 31,2025 District Tax 367.51 Total for Check Number 88007: 6,829.96
88008 4837 JESUS BARRAZA 08/01/2025
07/22/2025 Home Occupation Refund Re-issue Ck #83122 100.00 Total for Check Number 88008: 100.00
88009 4801 BLUE CROSS OF CA-OVERPAYMENT RECOVERY 08/01/2025 reissue refund Attn: XDD076A50200 Trautman 183.02
reissue refund Attn: XDP772A51909 Ortega 3,999.08
Total for Check Number 88009: 4,182.10
88010 4875 BOUND TREE MEDICAL LLC 08/01/2025
85851238 Medical Supplies 195.45
AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
85854681 Medical Supplies 407.95
Total for Check Number 88010: 603.40
88011 3634 RYAN BOYD 08/01/2025
refund Ambulance overpayment refund Acct#202409190221-KI:1 2,817.33 Total for Check Number 88011: 2,817.33
88013 5133 BRAVO'S PAINTING INC 08/01/2025
07/23/2025 Re-issue CK#85577. Interior Paint & Labor. Captains office 1,700.00 Total for Check Number 88013: 1,700.00
88014 3054 BSK ASSOCIATES 08/01/2025
AI18179 Well Treatment BACT 7/7/2025 119.12
AI18819 Well Treatment BACT 7/14/25 119.12
AI19103 Well Treatment TCP 7/2/2025 407.64
AI19401 Well Treatment BACT 7/24/2025 119.12
Total for Check Number 88014: 765.00
88015 4429 CANON FINANCIAL SERVICES, INC 08/01/2025
41393892 BW/CL Maintenance Overage/Contract Charge June 358.71 41471085 BW/CL Maintenance Overage/Contract Charge 566.53 41542600 Copier Contract 7/1/25-7/31/25 51.44
Total for Check Number 88015: 976.68
88016 3831 ADAM CASTANEDA 08/01/2025
Aug 2025 Cell Phone Reimb-Monthly Aug 2025 75.00
Total for Check Number 88016: 75.00
88018 4574 CHARLES TESTERMAN GENERAL ENGINEERING, INC. 08/01/2025 1413 Street Repairs 20th , Erling and Clarkson 3,000.00 Total for Check Number 88018: 3,000.00
88019 4479 CITY OF TULARE FIRE DEPARTMENT 08/01/2025
SC1851 PPE Technician Certification - 8/5- 8/6 Woodley 100.00 Total for Check Number 88019: 100.00
88020 3607 CIVICPLUS 08/01/2025
336728 Annual Online Code Hosting Fee 7/1/25-6/30/26 1,397.97 340736 Civic Rec Software 25-26 7,546.87
Total for Check Number 88020: 8,944.84
88021 3822 ALMA COLADO 08/01/2025
Aug 2025 Cell Phone Reimb-Monthly Aug 2025 75.00
Total for Check Number 88021: 75.00
88024 4647 FERNANDO CONCHAS 08/01/2025
reissue reissue check# 83685 75.00
reissue reissue check# 82932 48.00
Total for Check Number 88024: 123.00
88025 4448 CORE & MAIN 08/01/2025
X307317 Well 10 Blow off valve parts 717.56
AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
XI53787 Water lateral repair parts 597.95
Total for Check Number 88025: 1,315.51
88026 5002 DATA TICKET, INC 08/01/2025
181976 Citation Processing Services - June 2025 216.74
Total for Check Number 88026: 216.74
88027 3148 DON BERRY CONSTRUCTION INC 08/01/2025
Payment # 7 Ret. Laurel Street Dog Park 05/06/2025-07/18/2025 -680.00 Payment # 7 Laurel Street Dog Park 05/06/2025-07/18/2025 13,600.00 Total for Check Number 88027: 12,920.00
88028 4984 ROSEMARIE ELIQUIST 08/01/2025
07/23/2025 Re-issue CK #85589 Ambulance overpayment 12/14/2023 67.59 Total for Check Number 88028: 67.59
88029 4615 EMERALD TEXTILES SERVICES 08/01/2025
EFRE-00269486 Linens, mats 261.13
EFRE-00272303 Linens, mats 7/13-7/19 265.92
Total for Check Number 88029: 527.05
88030 3907 EVANS ENERGY 08/01/2025
07/22/2025 Re-issue CK #80695. Refund double paid business license 2021 54.00 Total for Check Number 88030: 54.00
88031 5138 DORA FLORES 08/01/2025
refund Ambulance Overpayment refund Acct# 202407060025-KI:1 Flores 50.00 Total for Check Number 88031: 50.00
88032 3185 FRESNO COUNCIL OF GOVERNMENTS 08/01/2025
Dues 2025-2026 Member Dues for 2025-2026 512.00
Total for Check Number 88032: 512.00
88033 3633 FRESNO COUNTY FIRE PROTECTION DISTRICT 08/01/2025 2972 Graphics 7x13 aluminum numbered plate - A502 7x13 aluminum plate 368.00 Total for Check Number 88033: 368.00
88034 4932 FRESNO OXYGEN/BARNES WELDING 08/01/2025
63583397 Bulk Chemicals 646.53
91700802 Bulk Chemicals 240.78
Total for Check Number 88034: 887.31
88035 5001 G&H DIESEL SERVICE, INC. 08/01/2025
50436 AC blowing hot,left front brake diaphragm leaking trans pan leak 2,504.21 Total for Check Number 88035: 2,504.21
88036 5136 LORI GAGNON 08/01/2025
refund Ambulance Overpayment refund Acct# 202403260541-KI:1 Gagnon 555.30 Total for Check Number 88036: 555.30
88038 3994 GUARDIAN 08/01/2025
AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
8/01/25-8/31/25 Monthly Ins. Premium 8/2025 Vol Ins. Plans 1,732.81 8/01/25-8/31/25 Monthly Ins. Premium 8/2025 Guardian Dental 7,571.06 8/01/25-8/31/25 Monthly Ins. Premium 8/2025 VSP Vision 1,105.06 8/01/25-8/31/25 Monthly Ins. Premium 8/2025 Vol Life 1,669.44 8/01/25-8/31/25 Monthly Ins. Premium 8/2025 Life Employee 219.90 Total for Check Number 88038: 12,298.27
88039 4820 GUSS APPAREL 08/01/2025
07/22/2025 Re-issue CK #82949 Overpaid Business License 2023 7.65 Total for Check Number 88039: 7.65
88040 3865 HEALTHNET MEDI-CAL 08/01/2025
Refund Ambulance Overpayment 92173980A- Fritchey 106.38 Refund Ambulance Overpayment 92495143A- Hudson 1,188.36 Refund Ambulance Overpayment 92081464G- Valdovinos 38.10 Total for Check Number 88040: 1,332.84
88041 3222 HENRY SCHEIN, INC. 08/01/2025
43667201 Medical Supplies 179.28
43714729 Medical Supplies 46.36
43714745 Medical Supplies 256.51
43942835 Medical Supplies 324.12
44057310 Medical Supplies 266.51
44322662 Medical Supplies 215.46
44322700 Medical Supplies 307.88
44323035 Medical Supplies 249.94
44436700 Medical Supplies 201.78
44436701 Medical Supplies 16.36
44452713 Medical Supplies 22.93
Total for Check Number 88041: 2,087.13
88042 5131 MADISON HEREDIA 08/01/2025
reimbursement Paramedic recertification 78.00
Total for Check Number 88042: 78.00
88043 3550 HERWALDT MOTORSPORTS 08/01/2025
36153 PD #0918 Tires and Rear Brakes 1,090.16
36153 Front/Rear Tire replacement - BMW Motorcycle 1,090.16 Total for Check Number 88043: 2,180.32
88044 4196 J.P. COOKE CO. 08/01/2025
890105 Dog License City of Kingsburg Tags 2026 (200 count) 168.17 Total for Check Number 88044: 168.17
88045 3534 JACK'S REFRIGERATION, INC. 08/01/2025
5461-7 City Hall Contract 7/1/25-6/30/26 989.00
5463-7 KFD #2 Contract 7/1/25-6/30/26 989.00
5465-7 KFD #1 Contract 7/1/25-6/30/26 989.00
6586-5 Senior Center HVAC Maintenance 7/1/25-6/30/26 795.12 Total for Check Number 88045: 3,762.12
88046 4830 JC LAND MANAGEMENT INC 08/01/2025
2855 Landscape Services June 2025 6,572.50
AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 88046: 6,572.50
88047 3244 JORGENSEN & CO. 08/01/2025
6196784 KPD Fire Riser Repair 6/13/25 2,772.50
Total for Check Number 88047: 2,772.50
88048 5118 K PROP INC. 08/01/2025
06/18/2025 Waterline Reimbursement; Per Agreement. Period 12 32,443.11 Total for Check Number 88048: 32,443.11
88049 3249 KAISER FOUNDATION HEALTH PLAN INC08/01/2025
Aug 2025 Med Ins. Premium Aug 2025 5,009.91
Total for Check Number 88049: 5,009.91
88050 3887 KINGS INDUSTRIAL OCC. MED CTR., INC. 08/01/2025 294943 Pre Employment Physical- M. Flores 360.73
294943 Pre Employment Physical- J. Vizcarra 191.73
294943 Pre Employment Physical- D. Acosta 662.73
Total for Check Number 88050: 1,215.19
88051 3253 KINGSBURG CHAMBER OF COMMERCE08/01/2025
Aug 2025 Monthly Budget Allowance Aug 2025 2,500.00
Total for Check Number 88051: 2,500.00
88052 4648 KINGSBURG EXPRESS LUBE INC. 08/01/2025
62396 Oil & Filter check (ACT) 101.39
Total for Check Number 88052: 101.39
88053 3510 KINGSBURG TOWING 08/01/2025
59257 Lock Out (ACT) 170.00
Total for Check Number 88053: 170.00
88054 4668 SEAN KOPAS 08/01/2025
Reissue set of 4 new tires for U142 including unable to set up new vendo 1,541.09 Total for Check Number 88054: 1,541.09
88055 4851 LANOTTE REFRIGERATION, INC 08/01/2025
WO-4002 Senior Center Fridge Freezer 330.00
Total for Check Number 88055: 330.00
88056 3269 LAW & ASSOCIATES INVESTIGATION 08/01/2025
25-120 Backround Investigation ( Maldonado) 900.00
Total for Check Number 88056: 900.00
88057 4505 LEAD DEVIL USA 08/01/2025
07/22/2025 Re-issue CK#81910 Tactical Predator Inner Belt Combo 318.75 Total for Check Number 88057: 318.75
88058 3784 LEXIPOL, LLC 08/01/2025
INVPM11255905 Annual LEFTA Shield Suite Base 8/1/25-7/31/26 6,455.53 AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 88058: 6,455.53
88059 3275 LIEBERT, CASSIDY, WHITMORE 08/01/2025
288442 Client Matter 135.00
291487 Client/Matter- General 765.00
291489 ERMA-Investigation 248.00
297989 Consortium Membership & Basic Liebert Library Access 2,190.00 Total for Check Number 88059: 3,338.00
88060 4793 LITTLE CESAR'S PIZZA - UNIT 561 II 08/01/2025 07/22/2025 Re-issue CK #82680 Overpaid Business License 2023 197.85 Total for Check Number 88060: 197.85
88061 4121 JEFFERY J. LOYD 08/01/2025
reimbursement Reimbursement for Paramedic recert/state 250.00 Total for Check Number 88061: 250.00
88062 4118 MAVERICK DATA SYSTEMS 08/01/2025
481 Warrant Builder System 3,125.00
Total for Check Number 88062: 3,125.00
88063 3288 MCCLASKEY, INC. 08/01/2025
0481 Repairs Clarkson Cementary sidewalk approach , Fire D 3,800.00 Total for Check Number 88063: 3,800.00
88064 5137 GINGER MENDEZ 08/01/2025
refund Ambulance Overpayment refund Acct#202501020479-KI-1 Mendez 160.65 Total for Check Number 88064: 160.65
88065 5066 MODIVCARE SOLUTIONS, LLC 08/01/2025
07/23/2025 Reissue CK 86894 Ambulance overpayment 12/7/21 Y. Gomez Garcia 363.85 Total for Check Number 88065: 363.85
88066 3307 NELSON'S ACE HARDWARE-SELMA 08/01/2025
163658 PW Hardware 7.24
163667 PW Hardware 39.03
163704 PW Hardware 27.32
163756 PW Hardware 2.92
163804 Insul Clamps Rubr 3/4" CD2 2.34
163896 PW Hardware 52.76
163901 PW Hardware 35.12
163906 PW Hardware 162.22
164018 Stencils - Fire Fleet 11.36
164027 PW Hardware 9.74
Total for Check Number 88066: 350.05
88067 4792 NEW ERA SERVICES, INC. 08/01/2025
07/22/2025 Re-issue Ck#82767 Overpaid Business License 2023 10.00 Total for Check Number 88067: 10.00
88068 4876 OAT & OAK LLC 08/01/2025
722118 BID Social Media Manager July 2025 2,500.00
AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 7 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 88068: 2,500.00
88069 3312 O'REILLY AUTO PARTS 08/01/2025
4445-107243 Battery for PW Mower 64.94
Total for Check Number 88069: 64.94
88070 4983 JAMIE OSBORNE 08/01/2025
07/23/2025 Reissue CK #85625. Ambulance Refund Sharp-S Osborne 2/13/2023 165.10 Total for Check Number 88070: 165.10
88071 3611 HOLLY OWEN 08/01/2025
Aug 2025 Cell Phone Reimb-Monthly Aug 2025 75.00
Total for Check Number 88071: 75.00
88072 3315 P G & E 08/01/2025
07/15/2025 Electricity 6/13/25-7/15/25 Account #7502184272-1 4,734.85 07/15/2025 Electricity 6/13/25-7/15/25 Account #7502184272-1 4,734.85 07/15/2025 #2 Electricity 6/13/25-7/15/25 Account #2493668675-7 30.89 07/15/2025 #2 Electricity 6/13/25-7/15/25 Account #2493668675-7 30.89 07/15/2025 #3 Electricity 6/13/25-7/15/25 Account #5421414331-2 254.38 Total for Check Number 88072: 9,785.86
88073 3450 ABIGAIL PALSGAARD 08/01/2025
Aug 2025 Cell Phone Reimb-Monthly Aug 2025 75.00
Total for Check Number 88073: 75.00
88074 3333 PRICE PAIGE&COMPANY, CERTIFIED PUBLIC ACCOUNTANT 08/01/2025 36451 Work in Progress Bank Rec ending June 30, 2025 630.30 36451 Work in Progress Bank Rec ending June 30, 2025 1,432.50 36451 Work in Progress Bank Rec ending June 30, 2025 802.20 Total for Check Number 88074: 2,865.00
88075 3335 PROFORCE LAW ENFORCEMENT 08/01/2025
578059 Flex PST MNT LGT 493.60
Total for Check Number 88075: 493.60
88076 3337 PROVOST & PRITCHARD 08/01/2025
121224 430.90
121225 Housing Element HCD Negotiation June 1-June 30,2025 9,179.47 121614 City of Kingsburg Focused GP Update June 1-June 30,2025 2,272.00 Total for Check Number 88076: 11,882.37
88077 4490 ALEXIS RAMIREZ-SERRATO 08/01/2025
Reimbursement Enterprise car rental for Explorer Comp 319.72 Total for Check Number 88077: 319.72
88078 4741 LOU ANN REED 08/01/2025
07/22/2025 Re-issue CK #82089 Refund Ambulance Overpayment 1/20/2022 116.98 Total for Check Number 88078: 116.98
88079 5000 SANTA ROSA JR COLLEGE DISTRICT 08/01/2025
AR26-00033 POST Training IV Officer Moon 49.50
AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 8 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
Total for Check Number 88079: 49.50
88080 5132 SERVICE MASTER BIOCLEAN 08/01/2025
250703143 Bio- Hazardous Cleaning /Squad Car # 2035 (Lopez) 400.00 Total for Check Number 88080: 400.00
88081 5048 SIDE BY SIDE HOME IMPORVEMENTS 08/01/2025
07/23/2025 Re-issue CK #86537 Overpaid Business License 2024 18.75 Total for Check Number 88081: 18.75
88082 3543 SIERRA PACKAGING SOLUTIONS 08/01/2025
98765 City Hall Janitorial Supplies 227.51
98766 City Hall Janitorial Supplies 497.17
98821 Senior Center Janitorial Supplies 85.12
98932 Police Janitorial Supplies 349.41
98981 Senior Center Janitorial Supplies 448.94
98993 City Hall Janitorial Supplies 133.02
99076 Senior Center Janitorial Supplies 91.59
Total for Check Number 88082: 1,832.76
88083 3368 SIGN RANCH BY ROD'S CUSTOM SIGNS08/01/2025
16090 6 Polos-Adam Castaneda 155.49
16101 1 Polo-For Cathleen Lawler 25.92
Total for Check Number 88083: 181.41
88084 3369 SILVAS OIL COMPANY, INC. 08/01/2025
199522CT PW & CH Gas Chrgs 07/01-07/15/2025 415.59
199522CT PW & CH Gas Chrgs 07/01-07/15/2025 146.22
199522CT PW & CH Gas Chrgs 07/01-07/15/2025 99.04
199522CT PW & CH Gas Chrgs 07/01-07/15/2025 124.58
199522CT PW & CH Gas Chrgs 07/01-07/15/2025 99.04
199522CT PW & CH Gas Chrgs 07/01-07/15/2025 627.02
199522CT PW & CH Gas Chrgs 07/01-07/15/2025 152.55
199522CT PW & CH Gas Chrgs 07/01-07/15/2025 191.31
199523CT KHS Fuels (Arevalo) 67.40
199523CT ACT Fuels (Guzman) 616.93
199523CT KESD Fuels (Jimenez) 98.82
199523CT GF Fuels 1,995.65
199523CT ME Fuels 1,029.87
199524CT Fuel - Ambulance 7/1/25-7/15/25 787.58
199524CT Fuel - Fire 7/1/25-7/15/25 787.58
199524CT Fuel - Measure E 7/1/25-7/15/25 787.56
Total for Check Number 88084: 8,026.74
88085 4887 SOCIAL VOCATIONAL SERVICES INC. 08/01/2025
46F2503-IN Landscape Services-HASH June Tulare 718.37
46F2503-IN Landscape Services-HASH June Fresno 239.46
Total for Check Number 88085: 957.83
88086 3380 STATE OF CALIFORNIA-D O J 08/01/2025
833792 Blood Alcohol Analysis (June 2025) 70.00
Total for Check Number 88086: 70.00
88087 3381 STATE OF CALIFORNIA-D O T 08/01/2025
AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 9 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
SL251173 Signals & Lighting April 2025-June 2025 4,237.48 Total for Check Number 88087: 4,237.48
88088 4028 SUPERIOR POOL CARE 08/01/2025
5090 Pool Chlorine 1,919.00
5109 Pool Chemicals Delivered 7/3/25 1,332.84
5110 Chlorine Well #16 215 gallons 901.55
5117 Monthly service and vaccum service July 2025 3,050.00 5119 Chlorine Delivery 2,115.62
5120 Well #16 Chlorine 7/22/25 200 gallons 838.65
5121 Well #12 Chlorine 240 gallons 7/22/25 1,006.38
5122 Acid order pool 834.65
Total for Check Number 88088: 11,998.69
88089 3612 TARGETSOLUTIONS LEARNING 08/01/2025
INV118061 Vector Scheduling software- CPC Community Policing connect 551.25 INV122153 Vector Scheduling software 4,069.00
Total for Check Number 88089: 4,620.25
88090 3396 THE BUSINESS JOURNAL 08/01/2025
2024-6180 PH Annexation 2024-02 520.00
Total for Check Number 88090: 520.00
88091 3410 UNDERGROUND SERVICE ALERT 08/01/2025
2025118094 USA 811 tickets 570- 2025 Membership 1,060.30 25USB118094 USA Reg Fee 2025 to 2026 State Reg Fee 363.55 Total for Check Number 88091: 1,423.85
88092 3805 USA BLUE BOOK 08/01/2025
00755206 Corp stop/ check valve 714.76
Total for Check Number 88092: 714.76
88093 4834 JESUS VALDIVIA 08/01/2025
07/22/2025 Re-issue CK #83179 Building Permit Refund1477 Ave E 26.55 Total for Check Number 88093: 26.55
88094 3416 VERIZONWIRELESS 08/01/2025
6118605903 Cellular Svc 6/16/25-7/15/25 Acct 518035707-00003 24.66 6118605903 Cellular Svc 6/16/25-7/15/25 Acct 518035707-00003 83.15 6118605903 Cellular Svc 6/16/25-7/15/25 Acct 518035707-00003 32.56 6118605903 Cellular Svc 6/16/25-7/15/25 Acct 518035707-00003 77.45 6118605903 Cellular Svc 6/16/25-7/15/25 Acct 518035707-00003 94.42 6118605903 Cellular Svc 6/16/25-7/15/25 Acct 518035707-00003 51.97 6118605903 Cellular Svc 6/16/25-7/15/25 Acct 518035707-00003 237.59 6118605903 Cellular Svc 6/16/25-7/15/25 Acct 518035707-00003 20.60 Total for Check Number 88094: 622.40
88095 3419 VIKING CLEANING SERVICE 08/01/2025
Aug 2025 Janitorial Services Aug 2025 3,788.52
Total for Check Number 88095: 3,788.52
88096 3493 VILLAGE TIRE SALES INC 08/01/2025
28616 Tire Repair PW #740 27.00
AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 10 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
28712 Tire Repair CH #135 27.00
30572 FD #503 Flat Repair 37.57
Total for Check Number 88096: 91.57
88097 3701 TODD WALTERS 08/01/2025
07/22/2025 Re-issue Ck #82998 Boot Reimbursement 1-19-2023 146.43 Total for Check Number 88097: 146.43
88098 4689 WATERMEN 08/01/2025
95222 Summer 2025 Lifeguard Suits 2,080.06
98628 Summer 2025 Lifeguard Suits 120.30
Total for Check Number 88098: 2,200.36
88099 3429 WILLDAN FINANCIAL SERVICES 08/01/2025
010-62890 Annual Dist. Admin FY 2025-2026 197.50
010-62890 Annual Dist. Admin FY 2025-2026 369.52
010-62890 Annual Dist. Admin FY 2025-2026 216.61
010-62890 Annual Dist. Admin FY 2025-2026 363.14
010-62890 Annual Dist. Admin FY 2025-2026 31.85
010-62890 Annual Dist. Admin FY 2025-2026 337.66
010-62890 Annual Dist. Admin FY 2025-2026 407.74
010-62890 Annual Dist. Admin FY 2025-2026 191.13
010-62890 Annual Dist. Admin FY 2025-2026 388.63
010-62890 Annual Dist. Admin FY 2025-2026 318.54
010-62890 Annual Dist. Admin FY 2025-2026 560.64
010-62890 Annual Dist. Admin FY 2025-2026 503.30
010-62890 Annual Dist. Admin FY 2025-2026 267.58
010-62890 Annual Dist. Admin FY 2025-2026 293.06
Total for Check Number 88099: 4,446.90
88100 3448 CHRISTINA WINDOVER 08/01/2025
Aug 2025 Cell Phone Reimb-Monthly Aug 2025 75.00
Total for Check Number 88100: 75.00
88101 3430 BETTY WONG, 08/01/2025
Aug 2025 Wong Bldg Lease Aug 2025 3,000.00
Total for Check Number 88101: 3,000.00
88102 5106 WORKOUTS UNLIMITED 08/01/2025
07/28/205 Workouts Unlimited; Facade Program-painting 2,475.00 Total for Check Number 88102: 2,475.00
Total for 8/1/2025: 240,054.00
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 08/08/2025
PR Batch 00001.08.2025 457 Mission Square PR Batch 00001.08.2025 457 Mission Square 9,790.50 PR Batch 00001.08.2025 457 Percent - Mission Square PR Batch 00001.08.2025 457 Percent - Mission Square 1,034.07 Total for this ACH Check for Vendor 3231: 10,824.57
ACH 3470 Internal Revenue Service - ACH 08/08/2025
PR Batch 00001.08.2025 Federal Income Tax PR Batch 00001.08.2025 Federal Income Tax 31,993.03 PR Batch 00001.08.2025 Medicare Employer Portion PR Batch 00001.08.2025 Medicare Employer Portion 4,903.62 AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 11 Check No Vendor No Vendor Name Check Date Check Amount
Invoice No Description Reference
PR Batch 00001.08.2025 Medicare Employee Portion PR Batch 00001.08.2025 Medicare Employee Portion 4,903.62 PR Batch 00001.08.2025 FICA Employee Portion PR Batch 00001.08.2025 FICA Employee Portion 20,766.73 PR Batch 00001.08.2025 FICA Employer Portion PR Batch 00001.08.2025 FICA Employer Portion 20,420.56 Total for this ACH Check for Vendor 3470: 82,987.56
ACH 3471 Employment Development Department - ACH08/08/2025 PR Batch 00001.08.2025 CA SDI PR Batch 00001.08.2025 CA SDI 3,579.85 PR Batch 00001.08.2025 State Income Tax PR Batch 00001.08.2025 State Income Tax 12,450.17 Total for this ACH Check for Vendor 3471: 16,030.02
ACH 3472 CalPERS - ACH 08/08/2025
PR Batch 00001.08.2025 PERS Safety Police Exempt PR Batch 00001.08.2025 PERS Safety Police Exempt 135.00 PR Batch 00001.08.2025 PERS Safety Fire ER PR Batch 00001.08.2025 PERS Safety Fire ER 5,172.93 PR Batch 00001.08.2025 PERS Safety Fire -ClassicPR Batch 00001.08.2025 PERS Safety Fire -Classic 1,991.22 PR Batch 00001.08.2025 PERS Safety Police ER PR Batch 00001.08.2025 PERS Safety Police ER 4,286.52 PR Batch 00001.08.2025 PERS Safety Fire PEPRA 4850 PR Batch 00001.08.2025 PERS Safety Fire PEPRA 4850 541.28 PR Batch 00001.08.2025 PERS Reported FLSA PR Batch 00001.08.2025 PERS Reported FLSA 1,800.03 PR Batch 00001.08.2025 PERS Misc. PEPRA ER PR Batch 00001.08.2025 PERS Misc. PEPRA ER 5,616.86 PR Batch 00001.08.2025 PERS Misc. Classic PR Batch 00001.08.2025 PERS Misc. Classic 2,756.64 PR Batch 00001.08.2025 PERS Misc. PEPRA PR Batch 00001.08.2025 PERS Misc. PEPRA 5,468.67 PR Batch 00001.08.2025 PERS Safety Fire PEPRAPR Batch 00001.08.2025 PERS Safety Fire PEPRA 6,223.41 PR Batch 00001.08.2025 PERS Safety Police PEPRA ER PR Batch 00001.08.2025 PERS Safety Police PEPRA ER 9,555.13 PR Batch 00001.08.2025 PERS Safety Fire PEPRA ER PR Batch 00001.08.2025 PERS Safety Fire PEPRA ER 7,349.86 PR Batch 00001.08.2025 PERS Misc. Classic ER PR Batch 00001.08.2025 PERS Misc. Classic ER 4,782.87 PR Batch 00001.08.2025 PERS Safety Police PR Batch 00001.08.2025 PERS Safety Police 1,515.82 PR Batch 00001.08.2025 PERS Safety Police PEPRAPR Batch 00001.08.2025 PERS Safety Police PEPRA 9,856.23 Total for this ACH Check for Vendor 3472: 67,052.47
ACH 4707 ICMA-WIRE 401(A) 08/08/2025
PR Batch 00001.08.2025 Def Comp 401(a) ICMAPR Batch 00001.08.2025 Def Comp 401(a) ICMA 250.00 Total for this ACH Check for Vendor 4707: 250.00
88103 3660 KPFA 08/08/2025
PR Batch 00001.08.2025 Professional Firefighters Asc. PR Batch 00001.08.2025 Professional Firefighters Asc. 720.00 Total for Check Number 88103: 720.00
88104 3525 Kingsburg Police KPOA 08/08/2025
PR Batch 00001.08.2025 KPOA Union Dues PR Batch 00001.08.2025 KPOA Union Dues 1,110.00 Total for Check Number 88104: 1,110.00
Total for 8/8/2025: 178,974.62
Report Total (103 checks): 419,028.62
AP Checks by Date - Detail by Check Date (8/11/2025 11:40 AM) Page 12
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Abigail Palsgaard, City Clerk REVIEWED BY:
AGENDA ITEM: Records Destruction Approval
ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File
EXECUTIVE SUMMARY
In 2018, the City Council adopted a Records Retention Schedule establishing timelines for the lawful destruction of City documents. In accordance with best practices, records whose retention periods have expired should be destroyed to mitigate potential liabilities and reduce the burden associated with extensive public records requests.
The records proposed for destruction originate from the City Clerk’s Office and the Police Department and have been reviewed and approved for disposal by the City Attorney.
RECOMMENDED ACTION BY CITY COUNCIL
1. Adopt resolution 2025-043 approving the destruction of the records identified there within.
POLICY ALTERNATIVE(S)
1. Council could chose to not adopt Resolution 2025-043
REASON FOR RECOMMENDATION/KEY METRIC
1. Financial Stability
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
Periodically staff brings documents to council to request permission to destroy them.
ATTACHED INFORMATION
1. Resolution 2025-043
Meeting Date: 08/20/2025
Agenda Item: 3
FISCAL IMPACT:
1. Is There A Fiscal Impact? No
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
1 RESOLUTION NO. 2025-043
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF KINGSBURG AUTHORIZING
DESTRUCTION OF SPECIFIED RECORDS OF THE CITY
WHEREAS, the records (collectively “Records”) of the City of Kingsburg described in Exhibit “A” which is attached to this Resolution and made a part hereof are now obsolete, no longer required by the City of Kingsburg and should be destroyed without retaining copies of the Records.
WHEREAS, Section 2.36.010 of Chapter 2.36 of Title 2 of the Kingsburg Municipal Code authorizes the destruction of obsolete records no longer required by the City of Kingsburg without retaining copies of such records so long as such destruction is performed in accordance with the applicable provisions of the California Government Code and other applicable laws and regulations, approved in writing by the City Attorney and approved by resolution of the City Council.
WHEREAS, the City Attorney has provided the City of Kingsburg with its written approval for the destruction of the Records.
NOW THEREFORE, BE IT RESOLVED that the Kingburg City Council hereby approves the destruction of the records identified in Exhibit “A” to this Resolution without retaining copies of the records.
I, Abigail Palsgaard, City Clerk, City of Kingsburg, hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Kingsburg at a regular meeting thereof held on the 20th day of August 2025, by the following vote:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Abstain: Councilmembers:
Abigail Palsgaard, City Clerk
City of Kingsburg
2 Exhibit A
Records Destruction Inventory
Department: City Clerk City Attorney:
Date it May
Record Name: Description:
Be
Destroyed Comments:
Business License Applications 2020 2025
CA - CCP 337 (4Y)
CA - GOV 34090 - (2Y)
Claims filed against the City 2018-2019 2024-2025
CA - CCP 337 - (5Y)
CA - GOV 34090 - (2Y)
Correspondences 2018-2022 2021-2025 CA - GOV 34090 - (2Y) Public Records Requests 2018-2022 2021-2025 CA - GOV 34090 - (2Y) (Records list continues on the next page)
DEPARTMENT: POLICE DEPARTMENT
Record Name: Case # Case Description Description Date May Comments be Destroyed
Case Files-Misdemenors,Infractions 00-1627 Warrant Arrest Misd. 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090 - (2Y) Case Files-Misdemenors,Infractions 00-1628 Towed Vehicle infraction 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090 - (2Y) Case Files-Misdemenors,Infractions 00-1629 Warrant Arrest Misd. 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1630 Misd.-ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1632 Misd.-NCF
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files- Felony 00-1637 Felony- Vic. Refused 2000 Records, crime reports felony. 2011 GOV 34090- (2Y) Case File- Incident Report 00-1638 Lost or Stolen Property Lost property report no suspect 2003 GOV 34090 - (2Y) Case File -Incident Report 00-1639 Citizen Report Private property TA 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1642 Warrant Arrest Misd. 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1643 KIMC muni code - inf. 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File -Incident Report 00-1647 Gerneral Incident Report Incident Report 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1648 Misd.-ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Traffic Collision - Not Fatal 00-1650 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1652 Misd.-Vic Refused 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1653 Warrant Arrest Misd. 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1655 Misd - ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1656 Misd-ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1657 Misd - NCF
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1660 Misd-ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1668 Misd- ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Stolen/Recovered Veh. 00-1670 Stolen/Located Veh Stolen Vehicle that has been
located 2003 GOV 34090- (2Y)
Case File - Misdemenors 00-1672 Misd- vburg
2000 Records, crime reports no
serial property 2006 GOV 34090- (2Y)
Case File - Misdemenors 00-1673 Misd- vburg
2000 Records, crime reports no
serial property 2006 GOV 34090- (2Y)
Case File - Misdemenors 00-1674 Misd- vburg
2000 Records, crime reports no
serial property 2006 GOV 34090- (2Y)
Case File - Misdemenors 00-1675 Misd- vburg
2000 Records, crime reports no
serial property 2006 GOV 34090- (2Y)
Case File -Misdemeanors 00-1677 Misd - Pt
2000 Records, crime reports no
serial property 2006 GOV 34090- (2Y)
Case File -Misdemeanors 00-1678 Misd - vburg
2000 Records, crime reports no
serial property 2006 GOV 34090- (2Y)
Case File - Incident Report 00-1680 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case - Felony 00-1681 Felony adjudicated
Records, crime reports and
evidence associated with felony
violations of laws, excluding
homicide and capital violations. 2011 GOV 34090- (2Y)
Case File - Incident Report 00-1682 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Traffic Accident 00-1683 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case File - Incident Report 00-1684 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File- Incident Report 00-1688 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1689 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File- Incident Report 00-1690 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Traffic Collision - Not Fatal 00-1692 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1694 Infraction-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1695 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1696 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1697 Misd-ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1698 Misd-ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1690 Misd- vburg
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1700 Misd-ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File -Incident Report 00-1701 General Incident Found Property 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1703 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1704 Vandalism- no suspects 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1707 Warrant Arrest Misd. 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1709 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1710 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1711 Misd - NCF
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Misdemenors 00-1713 Misd- vburg
2000 Records, crime reports no
serial property 2003 GOV 34090- (2Y)
Case File - Stolen/Recovered Veh. 00-1715 Stolen/Located Veh Stolen Vehicle that has been
located 2003 GOV 34090- (2Y)
Case File- Incident Report 00-1718 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1719 Misd - ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File- Incident Report 00-1723 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File- Incident Report 00-1724 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case - Felony 00-1728 Felony- adjudicated
Records, crime reports and
evidence associated with felony
violations of laws, excluding
homicide and capital violations. 2011 GOV 34090- (2Y)
Case File- Incident Report 00-1729 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1731 Misd - ajudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File- Incident Report 00-1736 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Misdemenors 00-1737 Misd-vburg
2000 Records, crime reports no
serial property 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1742 Misd -adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1744 Misd -adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1747 Incident Report
2000 Records, crime reports no
serial property 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1748 Incident Report
2000 Records, crime reports no
serial property, located person 2003 GOV 34090- (2Y)
Case File - Misdemenors 00-1749 Misd - ajudicated
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case - Felony 00-1750 Felony- adjudicated
Records, crime reports and
evidence associated with felony
violations of laws, excluding
homicide and capital violations. 2011 GOV 34090- (2Y)
Case File - Incident Report 00-1751 Incident Report
2000 Records, crime reports no
serial property 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1758 Misd- vburg
2000 Records, crime reports no
serial property, located person 2003 GOV 34090- (2Y)
Case File - Traffic Accident 00-1759 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1762 Misd-petty theft no suspect 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1763 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1764 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1765 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1769 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Stolen/Recovered Veh. 00-1771 Stolen/Located Veh Stolen Vehicle that has been
located 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1772 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1773 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1774 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Traffic Accident 00-1775 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1776 Incident Report 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1777 Misd
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1782 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1785 Misd
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1786 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1787 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1788 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1790 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1796 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1797 Incident Report 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case - Felony 00-1798 Felony- adjudicated
Records, crime reports and
evidence associated with felony
violations of laws, excluding
homicide and capital violations. 2011 GOV 34090- (2Y)
Case File - Stolen/Recovered Veh. 00-1799 Stolen/Located Veh Stolen Vehicle that has been
located 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1801 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1802 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1805 Misd-adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1806 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Stolen/Recovered Veh. 00-1809 Stolen/Located Veh Stolen Vehicle that has been
located 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1810 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1811 Misd
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1814 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1815 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1816 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1818 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1821 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1822 Incident Report 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1823 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1824 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1827 Misd - adjudicated Misd 2003 GOV 34090- (2Y) Case File - Traffic Accident 00-1828 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case File - Incident Report 00-1831 Misd Misd 2003 GOV 34090- (2Y) Case - Felony 00-1832 Felony- adjudicated
Records, crime reports and
evidence associated with felony
violations of laws, excluding
homicide and capital violations. 2011 GOV 34090- (2Y)
Case File - Incident Report 00-1833 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1834 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1835 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1836 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1837 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1841 Incident Report
2001 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1842 Incident Report
2002 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1843 Incident Report
2002 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Traffic Accident 00-1846 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case File - Incident Report 00-1848 Incident Report
2002 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1849 Incident Report
2002 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1855 Misd - adjudicated Misd 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1856 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1857 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1861 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1862 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1863 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Stolen/Recovered Veh. 00-1865 Stolen/Located Veh Stolen Vehicle that has been
located 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1866 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1869 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1870 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1873 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1875 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1879 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1881 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1883 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1884 Found Property
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1885 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1887 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1890 Found Property
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1893 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1894 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1899 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case File - Incident Report 00-1900 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case File - Incident Report 00-1901 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1902 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1903 Misd - adjudicated 2001 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1905 Misd - adjudicated 2001 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1906 Misd - adjudicated 2001 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1908 Misd - adjudicated 2001 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1909 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1908 Misd - adjudicated 2001 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1911 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1913 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1914 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1915 Misd - Vandalism no sus 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1916 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case - Felony 00-1918 Felony- adjudicated
Records, crime reports and
evidence associated with felony
violations of laws, excluding
homicide and capital violations. 2011 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1919 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1920 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Stolen/Recovered Veh. 00-1921 Stolen/Located Veh 2000 Records, crime reports Stolen
Vehicle that has been located 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1922 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1926 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1927 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1928 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1929 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Burglary 00-1932 Misd- vburg
2000 Records, crime reports no
serial property 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1933 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-2639 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1934 Misd - PT no charges filed 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1935 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1936 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1937 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Stolen/Recovered Veh. 00-1938 Stolen/Located Veh Stolen Vehicle that has been
located 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1940 Misd - attempt auto theft 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1941 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1942 Incident Report
2000 Records,missing
person/found 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1943 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1945 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1950 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1953 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Stolen/Recovered Veh. 00-1959 Stolen/Located Veh Stolen Vehicle that has been
located 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1965 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1967 Misd - adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1968 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1971 Incident Report
2000 Records,missing
person/found 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1972 Misd
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1973 Misd -adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1974 Incident Report
2000 Records, found property no
serial number 2003 GOV 34090- (2Y)
Case Files-Misdemenors,Infractions 00-1975 Misd -adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1978 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1979 Misd -adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1981 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1982 Traffic Collision Traffic Collision 2003 GOV 34090- (2Y) Case Files-Misdemenors,Infractions 00-1983 Misd -adjudicated 2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Case File - Incident Report 00-1985 Incident Report
2000 Records, crime reports and
evidence of misdemeanors and
infractions, including citations. 2003 GOV 34090- (2Y)
Jail Log Jail Log from 2000 2003 GOV 34090- (2Y)
Report Number Log Report Number Log from 2000 2003 GOV 34090- (2Y) Police Dept. Statistics
Police Department Statistics from
2000 2003 GOV 34090- (2Y)
Megans Law Public View Log
Megans Law Request to View Log
from 2001 2004 GOV 34090- (2Y)
Report Number Log Report Number Log from 2001 2004 GOV 34090- (2Y) Police Dept. Statistics
Police Department Statistics from
2001 2004 GOV 34090- (2Y)
Report Number Log Report Number Log from 2002 2005 GOV 34090- (2Y) Police Department Statistics
Police Department Statistics from
2002 2005 GOV 34090- (2Y)
Criminal History Audit Trail
Criminal History Audit trail from
2002 2006 CCR Title 11 Section 707c (3 Y)
Tow Log Tow Log from 2002 2005 GOV 34090- (2Y)
Parking Reviews Parking Review Forms 2002 2005 GOV 34090- (2Y) Ride Along Request Forms Ride Along Request Forms 2002 2005 GOV 34090- (2Y) Live Scan Request Forms Live Scan Request Forms 2002 2005 GOV 34090- (2Y) KCAPS Request Forms KCAPS Request Forms 2002 2005 GOV 34090- (2Y) Correspondence Correspondence from 2003 2006 GOV 34090- (2Y) Report Number Log Report Number Log 2003 2006 GOV 34090- (2Y) Megans Law Public View Log
Megans Law Request to View Log
from 2003 2006 GOV 34090- (2Y)
Live Scan Request Forms Live Scan Request Forms 2003 2006 GOV 34090- (2Y) Police Department Statistics
Police Department Statistics from
2003 2006 GOV 34090- (2Y)
KCAPS Request Forms KCAPS Request Forms 2003 2006 GOV 34090- (2Y) Criminal History Audit Trail
Criminal History Audit trail from
2003 2007 CCR Title 11 Section 707c (3 Y)
Tow Log Tow Log from 2003 2006 GOV 34090- (2Y)
Parking Reviews Parking Review Forms 2003 2006 GOV 34090- (2Y) Ride Along Request Forms Ride Along Request Forms 2003 2006 GOV 34090- (2Y) Correspondence Correspondence from 2004 2007 GOV 34090- (2Y) Report Number Log Report Number Log 2004 2007 GOV 34090- (2Y) Megans Law Public View Log
Megans Law Request to View Log
from 2004 2007 GOV 34090- (2Y)
Live Scan Request Forms Live Scan Request Forms 2004 2007 GOV 34090- (2Y) Police Department Statistics
Police Department Statistics from
2004 2007 GOV 34090- (2Y)
KCAPS Request Forms KCAPS Request Forms 2004 2007 GOV 34090- (2Y) Criminal History Audit Trail
Criminal History Audit trail from
2004 2008 CCR Title 11 Section 707c (3 Y)
Tow Log Tow Log from 2004 2007 GOV 34090- (2Y)
Parking Reviews Parking Review Forms 2004 2007 GOV 34090- (2Y) Ride Along Request Forms Ride Along Request Forms 2004 2007 GOV 34090- (2Y) Correspondence Correspondence from 2005 2007 GOV 34090- (2Y) Megans Law Public View Log
Megans Law Request to View Log
from 2005 2008 GOV 34090- (2Y)
Live Scan Request Forms Live Scan Request Forms 2005 2008 GOV 34090- (2Y) Police Department Statistics
Police Department Statistics from
2005 2008 GOV 34090- (2Y)
KCAPS Request Forms KCAPS Request Forms 2005 2008 GOV 34090- (2Y) Criminal History Audit Trail
Criminal History Audit trail from
2005 2009 CCR Title 11 Section 707c (3 Y)
Tow Log Tow Log from 2005 2008 GOV 34090- (2Y)
Parking Reviews Parking Review Forms 2005 2008 GOV 34090- (2Y) Ride Along Request Forms Ride Along Request Forms 2005 2008 GOV 34090- (2Y) Jail Log/Prisoner Check/Screening
Jail/Prisoner Checks/Screening
Logs from 2005 2008 GOV 34090- (2Y)
EPAS Calibration Receipts EPAS Calibration Receipts 2005 2008 GOV 34090- (2Y) Report Number Log Report Number Log from 2005 2008 GOV 34090- (2Y) Correspondence Correspondence from 2006 2009 GOV 34090- (2Y) Megans Law Public View Log
Megans Law Request to View Log
from 2006 2009 GOV 34090- (2Y)
Live Scan Request Forms Live Scan Request Forms 2006 2009 GOV 34090- (2Y) Police Department Statistics
Police Department Statistics from
2006 2009 GOV 34090- (2Y)
KCAPS Request Forms KCAPS Request Forms 2006 2009 GOV 34090- (2Y) Criminal History Audit Trail
Criminal History Audit trail from
2006 2010 CCR Title 11 Section 707c (3 Y)
Tow Log Tow Log from 2006 2009 GOV 34090- (2Y)
Parking Reviews Parking Review Forms 2006 2009 GOV 34090- (2Y) Ride Along Request Forms Ride Along Request Forms 2006 2009 GOV 34090- (2Y) Jail Log/Prisoner Check/Screening
Jail/Prisoner Checks/Screening
Logs from 2006 2009 GOV 34090- (2Y)
Report Number Log Report Number Log from 2006 2009 GOV 34090- (2Y) Correspondence Correspondence from 2007 2010 GOV 34090- (2Y) Background Check Request Background Check Requests 2007 2010 GOV 34090- (2Y) Live Scan Request Forms Live Scan Request Forms 2007 2010 GOV 34090- (2Y) Police Department Statistics
Police Department Statistics from
2007 2010 GOV 34090- (2Y)
KCAPS Request Forms KCAPS Request Forms 2007 2010 GOV 34090- (2Y) Criminal History Audit Trail
Criminal History Audit trail from
2007 2011 CCR Title 11 Section 707c (3 Y)
Tow Log Tow Log from 2007 2010 GOV 34090- (2Y)
Parking Reviews Parking Review Forms 2007 2010 GOV 34090- (2Y) Ride Along Request Forms Ride Along Request Forms 2007 2010 GOV 34090- (2Y) Jail Log/Prisoner Check/Screening
Jail/Prisoner Checks/Screening
Logs from 2007 2010 GOV 34090- (2Y)
EPAS Calibration Receipts EPAS Calibration Receipts 2007 2010 GOV 34090- (2Y) Report Number Log Report Number Log from 2007 2010 GOV 34090- (2Y) Correspondence Correspondence from 2008 2011 GOV 34090- (2Y) Background Check Request Background Check Requests 2008 2011 GOV 34090- (2Y) Live Scan Request Forms Live Scan Request Forms 2008 2011 GOV 34090- (2Y) Police Department Statistics
Police Department Statistics from
2008 2011 GOV 34090- (2Y)
KCAPS Request Forms KCAPS Request Forms 2008 2011 GOV 34090- (2Y) Criminal History Audit Trail
Criminal History Audit trail from
2008 2012 CCR Title 11 Section 707c (3 Y)
Tow Log Tow Log from 2008 2011 GOV 34090- (2Y)
Parking Reviews Parking Review Forms 2008 2011 GOV 34090- (2Y) Ride Along Request Forms Ride Along Request Forms 2008 2011 GOV 34090- (2Y) Jail Log/Prisoner Check/Screening
Jail/Prisoner Checks/Screening
Logs from 2008 2011 GOV 34090- (2Y)
EPAS Calibration Receipts EPAS Calibration Receipts 2008 2011 GOV 34090- (2Y) Report Number Log Report Number Log from 2008 2011 GOV 34090- (2Y) Jail Log/Prisoner Check/Screening
Jail/Prisoner Checks/Screening
Logs from 2009 2012 GOV 34090- (2Y)
KCAPS Request Forms KCAPS Request Forms 2009 2012 GOV 34090- (2Y) Ride Along Request Forms Ride Along Request Forms 2009 2012 GOV 34090- (2Y) EPAS Calibration Receipts EPAS Calibration Receipts 2009 2012 GOV 34090- (2Y) Report Number Log Report Number Log from 2009 2012 GOV 34090- (2Y) Jail Log/Prisoner Check/Screening
Jail/Prisoner Checks/Screening
Logs from 2010 2013 GOV 34090- (2Y)
Report Number Log Report Number Log 2010 2013 GOV 34090- (2Y) EPAS Calibration Receipts EPAS Calibration Receipts 2010 2013 GOV 34090- (2Y) Correspondence Correspondence from 2011 2014 GOV 34090- (2Y) Background Check Request Background Check Requests 2011 2014 GOV 34090- (2Y) Live Scan Request Forms Live Scan Request Forms 2011 2014 GOV 34090- (2Y) Police Department Statistics
Police Department Statistics from
2011 2014 GOV 34090- (2Y)
KCAPS Request Forms KCAPS Request Forms 2011 2014 GOV 34090- (2Y) Criminal History Audit Trail
Criminal History Audit trail from
2011 2015 CCR Title 11 Section 707c (3 Y)
Tow Log Tow Log from 2011 2014 GOV 34090- (2Y)
Ride Along Request Forms Ride Along Request Forms 2011 2014 GOV 34090- (2Y) Jail Log/Prisoner Check/Screening
Jail/Prisoner Checks/Screening
Logs from 2011 2014 GOV 34090- (2Y)
Report Number Log Report Number Log from 2011 2014 GOV 34090- (2Y) Correspondence Correspondence from 2012 2015 GOV 34090- (2Y) Background Check Request Background Check Requests 2012 2015 GOV 34090- (2Y) Live Scan Request Forms Live Scan Request Forms 2012 2015 GOV 34090- (2Y) Police Department Statistics
Police Department Statistics from
2012 2015 GOV 34090- (2Y)
KCAPS Request Forms KCAPS Request Forms 2012 2015 GOV 34090- (2Y) Criminal History Audit Trail
Criminal History Audit trail from
2012 2016 CCR Title 11 Section 707c (3 Y)
Tow Log Tow Log from 2012 2015 GOV 34090- (2Y)
Parking Reviews Parking Review Forms 2012 2015 GOV 34090- (2Y) Ride Along Request Forms Ride Along Request Forms 2012 2015 GOV 34090- (2Y) Jail Log/Prisoner Check/Screening
Jail/Prisoner Checks/Screening
Logs from 2012 2015 GOV 34090- (2Y)
EPAS Calibration Receipts EPAS Calibration Receipts 2012 2015 GOV 34090- (2Y) Report Number Log Report Number Log 2012 2015 GOV 34090- (2Y) Exhibit A
Records Destruction lnventory
ent: Police Ci A
Description:
Date it May
Be
Record Name: Destroyed
CA-Gov 34090 {2Y)
Intemal Affairs Investigation I 7-01 2017 2023 us -26 usc 6s31 {LA6Y) 2023
CA-Gov 34090 {2Y)
Intemal Aflairs Investigation l7-02 2017 us -26 usc 6531 {LA6Y) CA-Gov 34090 {2Y)
Intemal Affairs Investigation 1 7-03 201,7 2023 us -26 usc 6s3l {LA6Y) CA-Gov 34090 12Y)
Su rvisor Incident rt 16-02 2016 2022 us -26 usc 6531 {LA6Y) 2022
CA-Gov 34090 <2Y)
Su rvisor [ncident rt 16-03 2016 us -26 usc 6s31 {LA6Y) CA-Gov 34090 <2Y)
Su rvisor Incident rt 17-02 2017 2023 us -26 usc 6531 {LA6Y) CA-Gov 34090 {2Y)
Su sor Incident rt 17-03 2017 2023 us -26 usc 6531 {LA6Y) 2017 2023
CA-Gov 34090 {2Y)
Supervisor Incident Report 17-04 us -26 usc 6531 {LA6Y) 2025
CA-Gov 34090 -{2Y)
Supervisor Incident Report 19-01 2019 us -26 usc 6s3l {LA6Y) Field Training Officer File (Schmidt) 2003 2008 CA-Gov 53235.2(b) - (5Y) Field Training Officer File (Barrett) 2005 2010 CA-Gov 5323s.2(b) - (sY) Field Training Officer File (Samora) 2008 2013 CA-Gov s3235.2(b) - (sY) Field Training Officer File (Lizan4ga) 2013 CA-Gov 53235.2(b) - (5Y) Field Training Officer File (Yang) 2009 2014 CA-Gov 53235.2(b) - (sY) Field Training Officer File (Nakazawa) 2011 2016 CA-Gov s3235.2(b) - (5Y) Field Training Officer File (Williams) 2015 2020 CA-Gov 53235.2(b) - (sY) Field Training OfTicer File (Garrison) )n16 2021 CA-Gov 53235.2(b) - (5Y) Field Training Officer File (Pokorny) 2019 2024 CA-Gov 53235.2(b) - (5Y) Field Training Officer File (Herring) 2019 2024 CA-Gov 53235.20) - (5Y) 2010 CA-Gov 3040 - (2Y) Reserve Officers M tnutes -20t2 2012-2014 Exhibit A
2 I
I
Comments:
I
2008
Records Destruction Inventory
ent: Police Ci Atto
Comments:
Date it May
Be
Record Name: Description Destroyed
Nei Wo Files 2010 - 2015 2012-2017 CA-Gov 3090 - (2Y) borhood Watc Crant Wor Files 2010 - 2015 2012-2017 CA-Gov 3090 - (2Y) COPS H 2010 2015-2019 CA-Gov 53235.2(b) - (5Y) Roster/Wo tiles -2014 Exhibit A
3 I
POST K9 Evaluation Course
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Alma Colado, Finance Director REVIEWED BY: AP AGENDA ITEM: 2025-2026 Measure “C” Certifications and Claims Forms ACTION REQUESTED: ___Ordinance ___Resolution _√_ Motion ____Receive/File
EXECUTIVE SUMMARY
On June 18, 2025, the Fresno County Transportation Authority Board adopted their Resolution No. 2025-02 (Resolution attached) for Measure C Extension Local Transportation Purposes Pass-Through Projects and Program Funds apportionment for the fiscal year 2025-2026. The following is the Local Transportation Program PassThrough and Subprograms of which the City of Kingsburg will receive Measure C funding:
• 1.39% of $16,963,777 for Street Maintenance Category sub program, or City’s share $235,972; • 1.39% of $593,732 for ADA Compliance Category sub program, or City’s share $8,259; • 1.68% of $16,950,102 for Flexible Funding Category sub program, or City’s share $284,373.
To receive these funds monthly, the City must file a separate 2025-2026 Certification and Claim form for each sub program (forms attached) along with a City Council Resolution which is to be submitted to the Fresno County Transportation Authority by August 15, 2025. Once these documents have been accepted, each agency will receive a separate check for each sub program. Measure “C” funds will be distributed on a proportional basis as funds are received.
RECOMMENDED ACTION BY CITY COUNCIL
1. Adopt Resolution No. 2025- 044 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 2025-2026 and authorize the Finance Director to sign the Local Transportation Pass Through Revenue Certifications and Claim Forms.
FINANCIAL INFORMATION
ATTACHED INFORMATION
1. Resolution No. 2025-44 Adopting the City of Kingsburg concerning local transportation purpose funds extension (Measure “C” Extension).
2. FCTA Board Resolution No. 2025-02 & Certification and Claim Forms.
Meeting Date: 08/20/2025
Agenda Item: 4
FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 105-0000-403-080X
RESOLUTION NO. 2025-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KINGSBURG
CONCERNING LOCAL TRANSPORTATION PURPOSE FUNDS EXTENSION (MEASURE “C” EXTENSION)
WHEREAS, the City of Kingsburg is an eligible claimant of funds for Measure C Extension Local Transportation Pass-Through Projects and Program Funds pursuant to California Public Utilities Code Section 142257; and
WHEREAS, the Fresno County Transportation Authority has adopted a Resolution of Apportionment for FY 2025-2026, Measure C Extension Local Transportation Pass-Through Projects and Program Funds setting the City of Kingsburg’s percentage at the following:
• 1.39% of $16,963,777 (or $235,972) for the Local Transportation Program, Local Allocation – Street Maintenance Category sub program; which shall be the proportionate share of Measure C Extension Local Transportation PassThrough Projects and Program Funds to the City shall be entitled within the fiscal year; and
• 1.39% of $593,732 (or $8,259) for the Local Transportation Program, Local Allocation – ADA Compliance Category sub program; which shall be the proportionate share of Measure C Extension Local Transportation PassThrough Projects and Program Funds to the City shall be entitled within the fiscal year; and
• 1.68% of $16,950,102 (or $284,373) for the Local Transportation Program, Local Allocation – Flexible Funding Category sub program; which shall be the proportionate share of Measure C Extension Local Transportation PassThrough Projects and Program Funds to the City shall be entitled within the fiscal year; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1) The City of Kingsburg hereby submits its Local Transportation Purposes Certification and Claims for Fiscal Year 2025-2026 Measure C Extension Local Transportation Pass-Through Projects and Program Funds; 2) The City of Kingsburg hereby requests the release of funds to the City on a monthly payment basis consistent with the adopted percentages listed above, based on actual receipts;
3) The City Council of the City of Kingsburg further certifies:
a) That Local Transportation Purpose Funds will not be used to substitute for property tax funds which the City of Kingsburg had previously used for local transportation purposes; and
b) That the City of Kingsburg has and will segregate property tax revenues used to support local transportation purposes so that verification of non-substitution can be proved through audit and:
c) That the City of Kingsburg shall separately account for Local Transportation Purposes Funds received, pursuant to Public Utilities Code Section 142257. The City shall maintain records in accordance with generally accepted accounting principles, and shall separately record expenditures for each type of eligible purpose. The City shall make such records available to the Authority for inspection or audit at any time.
4) The City of Kingsburg understands that should a financial or compliance audit reveal that the City of Kingsburg violated any of the requirements set forth in paragraph 3 (a) (b) or ( c ), that the Fresno County Transportation Authority may seek to take immediate steps to resolve the violation in accordance with its adopted procedures. 5) The City of Kingsburg understands they must follow the Reporting Requirements as indicated in the Measure C Extension Local Agency Handbook and the Measure C Extension Local Agency Handbook, Other Revenue Funding and submit the appropriate Reporting Form for each Program/Project of expenditures for the 2025-2026 fiscal year no later than August 15, 2025. The City of Kingsburg understands if these Reporting Requirements are not met by the date listed above the Fresno County Transportation Authority will stop any and all Local Transportation Purposes Pass-Through funds until such Reporting Requirements have been met.
*********************
I, Abigail Palsgaard, City Clerk of the City of Kingsburg, do hereby certify that the foregoing Resolution 2025-044 was duly adopted and passed by the Kingsburg City Council at a regular meeting of said Council on the 20th day of August, 2025, by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
_____________________________
Abigail Palsgaard, City Clerk
City of Kingsburg
FROM:
MEASURE C EXTENSION
LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2025.26
Fresno County Transportation Authority
Citv of Kinashrrro
Local AgencY Name
Address:1401 Draper Street, Kinqsburg, CA 93631
Telephone: (559) 897-5821 FAX: (559) 897-5568
Contact: Alma Colado
1. Applicable Funding Program: (Check One)
RegionalPublicTransitProgram LocalTransportationProgram E Fresno Area Express tr Street Maintenance
tr Clovis Transit tr ADA ComPliance
tr FCRTA tr Flexible Funding
tr PTlSffransit Consolidation tr Pedestrian/Trails Urban tr ADF/seniors/Paratransit tr Pedestrian/Trails Rural
I Farmworker Van Pools tr Bicycle Facilities
tr Car/Van Pools RegionalTranspoftation Program
fl New Technology Reserve tr Fresno Airports
Aftern ative Transportation Program
tr Rail Consolidation SubProgram
Environmental Enh ancement Program
tr School Bus Replacement
tr Transit Oriented lnfrastructure for
ln-Fill
Ad mi nistrative/Pl anning P rogram
E Fresno COG
Authorized Signature
Title:
EmailAddress:
Director
2. The Citv of Kinqsburq ("claimanf') is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.
3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2025-2026 setting 1.39% of $16,963.777 (or $235,972) for the Subprogram or Category of funds checked above and available to the claimant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (O) Compliance with Steps A and B of the Strategic lmplementation Plan (SlP) - Local Agency Pass-Through Funding programs and Other Revenue Program Funding
4. On behalf of claimant, I hereby certify as follows: (a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimant shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.
Claimant shall make such records available to the Authority for inspection or audit at any time.
5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures. The Authority shall immediately notify the Fresno County Auditor-Controller/Treasurer-Tax Collector to withhold allocation of funds to claimants untilthe exceptions are resolved or the outstanding financialor compliance audits are submitted and resolved.
F
Date 7t2212025
Finance Director
ATTACHMENT: Evidence of FormalAction for Approval and Submittal Approved by: Fresno County Transportation Authority Board on Measure C Extension Strategic lmplementation Plan - Appendix D
MEASURE C EXTENSION
LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2025.26
TO: Fresno County Transportation Authority
FROM: Citv of Kinosburo
Local AgencY Name
Address:1401 Draper Street, Kinqsburq, CA 93631 Contact: Alma Colado Telephone: (559) 897-5821 FAX: (559) 897-5568 Email Address: acoladod)citvofkinosbu nnv 1, Applicable Funding Program: (Check One)
RegionalPublicTransitProgram LocalTransportationProgram E Car/Van Pools RegionalTransportation Program
tr New Technology Reserve tr Fresno Airports
E Fresno Area Express
fl Clovis Transit
tr FCRTA
tr PTIS/Transit Consolidation
tr ADA/Seniors/Paratransit
E Farmworker Van Pools
tr Sheet Maintenance
X ADA Compliance
tr Flexible Funding
tr Pedestrianffrails Urban
tr Pedestrian/TrailsRural
tr Bicycle Facilities
Director
Altern ative T ransportation Program
tr Rail Consolidation SubProgram
Environmental Enhancement Program
tr School Bus Replacement
tr Transit Oriented lnfrastructure for
ln-Fill
Ad ministrative/ Pl an n in g P rog ram
tr Fresno COG
2. The Citv of Kinqsburq ("claimant") is an eligible claimant of funds for local transportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.
3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2025-2026 setting 1.3g% of $Sgg,ZgZ (or $8,259) for the Subprogram or Category of funds checked above and available to the claimint. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts ini Comptianc6 with Steps A and B of the Strategic lmplementation Plan (SlP) - Local Agency Pass-Through Funding programs and Other Revenue Program Funding
4. On behalf of claimant, I hereby certify as follows:
(a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogram or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) itrat claimani shall account for Subprogram or Category of funds checked above and received pursuant to public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose.
Claimant shall make such records available to the Authority for inspection or audit at any time.
5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures. The Authoiity shall immediately notify the Fresno County Auditor-Controller/Treasurer-Tax Collector to withhold allocation of funds to claimants until the exceptions are resolved or the outstanding financial or compliance audits are submitted and resolved.
Authorized Signature:
Title:
Date: .712212025
Finance Llrrector
Evidence of FormalAction for Approval and Submittal
Approved by: Fresno County Transportation Authority Board on:
Measure C Extension Strategic lmplementation Plan - Appendix D
ATTACHMENT
TO
FROM:
MEASURE C EXTENSION
LOCAL TRANSPORTATION PASS THROUGH REVENUES
CERTIFICATION AND CLAIM FOR FY2025.26
Fresno County Transportation Authority
Cilv of Kinosburo
Local AgencY Nane
Address:1401 Draper Sheet. Kinqsburq, CA 93631
Telephone: (559) 897-5821 FAX: (559) B97-5568
Contact Alma Colado
EmailAddress: ro-ca.oov
1. Applicable Funding Program: (Check One)
RegionalPublicTransitProgram LocalTranspoftationProgram E Fresno Area Express tr Sheet Maintenance Alternative Transportation Program tr Rail Consolidation SubProgram
Environmental Enh ancement Program
tr School Bus Replacement
tr Transit Oriented lnfrastructure for
ln-Fill
Ad mi nistr ative /Pl a n ning P rog ram
il Fresno COG
E Clovis Transit
tr FCRTA
tr PTIS/Transit Consolidation
tr ADA/Seniors/Paratransit
E Farmworker Van Pools
tr ADA Compliance
X Flexible Funding
tr PedestrianlTrails Urban
tr PedestrianlTrails Rural
tr Bicycle Facilities
E Carl/an Pools RegionalTranspoftation Program
E New Technology Reserve tr Fresno Airports
2. The Citv of Kinqsburq ("claimant") is an eligible claimant of funds for local hansportation purposes pursuant to Local Agency Name
California Public Utilities Code Section 142257.
3. The Fresno County Transportation Authority has adopted a Resolution of Apportionment for Fiscal Year 2025-2026 setting 1.68% ot SiO.SSO,iOZ (or $284,373) for the Subprogram or Category of funds checked above and available to the-clairnant. On behalf of claimant, I hereby request release of the funds to claimant in accordance with:
(a) Monthly payments consistent with adopted percentage, based on actual receipts (O) Compliance with Steps A and B of the Strategic lmplementation Plan (SlP) - Local Agency Pass-Through Funding programs and Other Revenue Program Funding
4. 0n behalf of claimant, I hereby certify as follows: (a) That the Subprogram or Category of funds checked above are not being used to substitute for property tax funds which claimant had previously used for local transportation purposes. Such substitution of property tax funds is prohibited by California Public Utilities Code Section 142257. (b) That claimant has segregated property tax revenues from claimant's other general fund revenues used to support the Subprogrim or Category of funds checked above so that verification of non-substitution can be proved through audit or that the non-substitution of funds shall apply to claimant's entire general fund. (c) That claimani shall account for Subprogram or Category of funds checked above and received pursuant to Public Utilities Code Section 142257. Claimant shall maintain current records in accordance with generally accepted accounting principles and shall separately record expenditures for each type of eligible purpose' Claimant shall make such records available to the Authority for inspection or audit at any time.
5. Claimant understands that should financial or compliance audit exceptions be found, the Fresno County Transportation Authority will take immediate steps to resolve the exceptions in accordance with its adopted procedures. The Authority shall immediately notify the Fresno County Auditor-Controller/Treasurer'Tax Collector to withhold allocation of funds to claimants until the exceptions are resolved or the outstanding financial or compliance audits are submitted and resolved.
Authorized Signature:
Title:
Date: .712212025 l-tnance ulrector
ATTACHMENT: Evidence of Formal Action for Approval and Submittal Approved by: Fresno County Transportation Authority Board on:
Measure C Extension Strategic lmplementation Plan - Appendix D
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor Pursell & City Council
REPORT FROM: Daniel Galvez Public Works Director REVIEWED BY: AJH AGENDA ITEM: Authorize Right of Way, Appraisal and Acquisition Consulting Services for Federally Funded Transportation Projects Services Agreement
ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
The City solicited requests for qualifications (RFQ) from qualified firms for right of way, appraisal, and acquisition consulting services for Federally Funded Transportation Projects on an on-call basis on June 5th, 2025. Proposals were due prior to 4pm on June 26, 2025. The City received four Statements of Qualifications (SOQs). SOQs were reviewed and scored by staff. The City has selected 2 firms, Universal Field Services and Hamner and Jewel, as the most qualified firms for upcoming federally funded transportation projects. The total amount payable to the Consultant shall not exceed $250,000 and the performance period of the contract is 3 years with an option to extend 2 years (1-year extensions, no more than twice and not to exceed 5 years total).
The City constructs several roadway projects every year that are state and federally funded. In order to comply with State and Federal regulations and due to limited staffing and expertise, certain services are contracted out. The selected Consultants services may include the following types of activities with services performed in a timely manner respective of the CITY’s specific Project schedule: Property Owner Communication, Conduct Appraisals and Produce Real Property Appraisal Reports, Eminent Domain Appraisal Expertise, Property Acquisition Services, Develop and Implement Relocation Plan(s) and Project Management and Coordination and services as requested.
The City is proposing contracting with multiple consultants for right of way, appraisal, and acquisition consulting services for Federal and State funded projects. Task Orders will be issued for specific projects based on competitive mini-RFP’s. The CITY does not guarantee a specific number or dollar amount of projects will be contracted with the listed projects.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff recommends that the City Council authorize the City Manager to enter into Consultant Services Contract (For Local Assistance Federal-Aid Projects) for on-call right of Way, Appraisal, and Acquisition Consulting Services between Universal Field Services and Hamner and Jewel for State and Federally funded transportation projects.
POLICY ALTERNATIVE(S)
1. Council could choose not to entering agreement but not having an on- call Right of Way, Appraisal, and Acquisition consulting services consultant will result in non-compliance which can result in a loss of funding and jeopardize future opportunities to receive Federal and State funding.
STRATEGIC GOAL(S) MET:
1. Preserve the Kingsburg Experience
2. Financial Stability
3. Community Safety
FINANCIAL INFORMATION
Meeting Date: 08/20/2025
Agenda Item: 5
PRIOR ACTION/REVIEW
The RFQ was sent directly to several local Right of Way, Appraisal, and Acquisition consulting services firms and it was posted on our City website. A selection committee of City Staff convened to review the submitted Statements of Qualifications (SOQ) using specific evaluation criteria to determine the most qualified consultants. Federal procurement guidelines require that selection be solely based on qualifications. The City is prohibited from using cost proposals as the basis for selection. Each firm’s fee schedule is attached as Attachments 3, and 4.
BACKGROUND INFORMATION
All work performed by the on- call Right of Way, Appraisal, and Acquisition consulting services firm under this contract will require approval from the CITY Contract Administrator and issued through a Task Order. A proposal shall be requested from the Consultant to identify and refine the scope of services prior to issuing the Task Orders.
The Task Order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultant to establish the maximum fee, including expenses, for the specific project and to establish the completion date. The potential projects may vary in scope and size and may encompass any type of improvement for the transportation system including, but not limited to, roadway rehabilitation, widening and/or realignment of existing facilities, relocation of existing facilities, and construction of new facilities. The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order. The consultant shall only perform work that is assigned in an authorized Task Order, and an award of a contract does not guarantee any Task Orders will be issued. Work shall not begin until the Task Order has been approved by the Contract Administrator. After full execution of a task order, the selected Consultant(s) shall meet with the City Engineer or the CITY’s Project Manager and other CITY staff as needed to obtain project specific requirements for all right-of-way acquisition needs. The Consultant should expect that all aspects of right-of-way acquisition including appraisals, acquisition, relocation assistance, and eminent domain proceedings will be to current CITY standards, policies, procedures, regulations, and methods.
Lacking CITY standards, policy, procedure, or regulations the Consultant shall rely upon and use Caltrans Standards or industry standards/methodologies for preparation and negotiation of right-of-way related analysis, reports, appraisals, acquisition offers, relocation assistance, and eminent domain proceedings. Standards and methodologies used shall be approved by the CITY prior to performing any work on the project. When Federal Funds are identified as the funding mechanism for the project, the Consultant shall follow all Federal laws, rules, and guidelines governing property acquisition. This solicitation is not for specific projects, but for specific services.
The services are to be rendered for the duration of the contract term. Task orders will be issued for specific projects. The CITY does not guarantee a specific number or dollar amount of projects will be contracted with the listed projects. The On-Call agreement establishes a framework for consultant services. Individual task orders will be issued under the agreement as specific projects arise. Funding for these tasks orders will be allocated from the respective project budgets, which may include a combination of Federal, State, and City funds. The agreement itself does not commit the City to a specific expenditure but provides a mechanism for procuring services.
ATTACHED INFORMATION
1. Proposed Agreement
2. Request for Qualification Materials Testing & Geotechnical Services
3. State and Federal Fee Schedule -Universal Field Services
4. State and Federal Fee Schedule -Hamner and Jewel
FISCAL IMPACT:
1. Is There A Fiscal Impact? Potentially
2. Is it Currently Budgeted? No
3. If Budgeted, Which Line? N/A
City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
CITY OF KINGSBURG
ON-CALL RIGHT OF WAY, APPRAISAL, AND ACQUISITION
CONSULTING SERVICES
FOR STATE AND FEDERALLY FUNDED
TRANSPORTATION PROJECTS
Date Released: June 5, 2025
City of Kingsburg
1401 Draper Street
Kingsburg, California 93631
Proposals are due prior to 4:00 P.M on June 26 2025
City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
TABLE OF CONTENTS
Request for Qualifications
On-Call Right of Way, Appraisal, and Acquisition
Consulting Services for Federally Funded Transportation Projects Request for Qualifications....................................................................................................................... 3 Project Description and Background....................................................................................................... 5 Scope of Services.............................. ...................................................................................................... 6 Schedule................................................................................................................................................... 8 Method of Payment.................................................................................................................................. 9 Appendix A: Submittal Requirements
Appendix B: Proposal Evaluation
Appendix C: Required Local Assistance Procedures Manual Exhibits Sample Cost Proposal
Exhibit 10-I Notice of Proposers DBE Information
Exhibit 10-K Consultant Certification of Contract Costs and Financial Management System Exhibit 10-O1 Consultant DBE Commitment
Exhibit 10-O2 Consultant Contract DBE Commitment
Exhibit 10-Q Disclosure of Lobbying Activities
Exhibit 15-H DBE Information - Good Faith Efforts
Certification of Indirect Costs and Financial Management System California Safe Harbor Indirect Cost Rate Program
Appendix D: Sample Contract
City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
REQUEST FOR QUALIFICATIONS
RIGHT OF WAY, APPRAISAL, AND ACQUISITION
CONSULTING SERVICES FOR FEDERALLY FUNDED TRANSPORTATION
PROJECTS
The City of Kingsburg (CITY) is seeking qualified consulting firms to provide right of way, appraisal, and acquisition consulting services for federally funded transportation project on an on-call basis. The response to this solicitation will be in the form of a Statement of Qualifications.
Total amount payable to the Consultant shall not exceed $250,000 and with a performance period of the contract 3 years with an option to extend 2 years (1-year extensions, no more than twice and not to exceed 5 years total).
All qualified firms interested in providing these services are invited to submit their Statement of Qualifications (SOQs). The Consultant's SOQs will be evaluated and ranked according to the criteria provided in Appendix B, "Proposal Evaluation," of this RFQ.
Addenda to this RFQ, if issued, will be sent to all prospective Consultants the CITY has specifically emailed a copy of the RFQ to and will be posted on the CITY website at: www.cityofkingsburg.ca.gov It shall be the Consultant's responsibility to check the CITY website to obtain any addenda that may be issued.
The Consultant's attention is directed to Appendix A, "Submittal Requirements." Submit three (3) hard copies and one (1) electronic copy in PDF format on a USB drive of the Consultant's SOQs. The hard copies and CD/DVD shall be received by the CITY prior to 4:00 P.M. on June 26, 2025. SOQs shall be submitted in a sealed package clearly marked "ON-CALL RIGHT OF WAY, APPRAISAL, AND ACQUISITION CONSULTING SERVICES”.
and addressed as follows:
Mr. Daniel Galvez
Public Works Director
City of Kingsburg
1401 Draper Street
Kingsburg, California 93631
Submittals received after the time and date specified above will be considered nonresponsive and will be returned to the Consultant.
Any proposals received prior to the time and date specified above may be withdrawn or modified by written request of the Consultant. To be considered, however, the modified submittal must be received prior to 4:00 P.M. on June 26, 2025.
Unsigned submittals or submittals signed by an individual not authorized to bind the prospective Consultant will be considered nonresponsive and rejected.
City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
Upon review of submitted proposals, the Selection Committee will determine whether interviews are necessary to determine a consultant selection. The City reserves the right to hold interviews or make a consultant selection based solely on the Statement of Qualifications received.
This RFQ does not commit the CITY to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services. The CITY reserves the right to accept or reject any or all SOQs received as a result of this request, to negotiate with any qualified Consultant, or to modify or cancel in part or in its entirety the RFQ if it is in the best interests of the CITY to do so.
Furthermore, a contract award may not be made based solely on price.
The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the CITY.
All products used or developed in the execution of any contract resulting from this RFQ will remain in the public domain at the completion of the contract.
The anticipated consultant selection schedule is as follows:
Complete SOQ review and evaluation: July 3, 2025
Oral interviews (if necessary): July 9, 2025
Consultant Ranking: July 11, 2025
Cost Negotiation: July 25, 2025
Contract Award: August 6, 2025
Notice to Proceed: August 8, 2025
Agreement End Date: August 8, 2028 (unless extended)
Any questions related to this RFQ shall be submitted in writing to the attention of Mr. Daniel Galvez via email at [email protected]. Questions shall be submitted before 5:00 PM on June 13, 2025.
City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
PROJECT DESCRIPTION AND BACKGROUND
The consultant shall provide property acquisition consulting services in support of various Capital Improvement Projects in the City of Kingsburg (CITY) following all pertinent State, Federal, and Local Agency rules and regulations.
This solicitation is not for specific projects, but for specific services. The services are to be rendered for the duration of the contract term. The CITY will execute multiple on-call contracts with several consultants for Right of Way, Appraisal, and Acquisition Consulting Services for federal and state funded projects. Task Orders will be issued for specific projects based on competitive mini-RFP’s. The CITY does not guarantee a specific number or dollar amount of projects will be contracted with the listed projects.
SCOPE OF SERVICES
PURPOSE OF WORK
The CITY periodically constructs several roadway projects that are state and federally funded. In order to comply with state and federal regulations and due to limited staffing and expertise, certain services are contracted out.
Consultant services may include the following types of activities with services performed in a timely manner respective of the CITY’s specific Project schedule:
a) Property Owner Communication – the selected consultant(s) shall track and manage all communication with identified property owners in support of the City’s acquisition and relocation services necessary to facilitate a specific CIP Project. The Consultant may make the initial contact with affected property owner(s) and shall maintain contact throughout the acquisition process addressing any concerns raised by the City Attorney, City Engineer, or other real estate consultants working on behalf of the City.
b) Conduct Appraisals and Produce Real Property Appraisal Reports – Appraisals shall be conducted by certified appraisers experienced in the public right-of-way acquisition process. A formal appraisal report signed by the appraiser and submitted for each property assigned should be expected along with City review and making edits as necessary to produce a final report. Appraisals may be for one or more parcels and may include full property and partial property acquisitions, temporary and permanent easements, borrow sites, and haul routes. Depending on project funding sources, appraisals shall conform to the standards prescribed by the Federal and State Uniform Relocation Assistance and Real Property Acquisition Policies Act, Federal Transit Administration or Federal Highway Administration procedures, and Caltrans Procedures. c) Eminent Domain Appraisal Expertise – Provide valuations under eminent domain statues such as before and after measures of severance damages and benefits. Provide real property acquisition negotiations under eminent domain statues and procedures including for acquisition of fee title, road and utility easements, and temporary construction easements. d) Property Acquisition Services – the qualified and duly licensed Acquisition Agent will prepare and present property owners with formal purchase offers / contracts, conveyance documents, statutory offer(s), settlement agreements, and relocation assistance as necessary. The selected Consultant(s) may negotiate on behalf of the City when acquiring right-of-way, easements, or interest therein as necessary to facilitate a CIP Project. The Acquisition Agent shall review Preliminary Title Reports and may assist in clearing conflicting encumbrances.
e) Develop and Implement Relocation Plan(s) – relocation plans shall be prepared in accordance with the California Relocation Assistance Act or 49CFR Part 24 Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. The Consultant’s City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
relocation specialist shall work with assigned staff and other City real estate consultants and follow the direction of the City Council and / or Board of Public Utilities to facilitate the successful relocation of displaced owners and tenants.
f) Project Management and Coordination – the selected Consultant(s) shall assign a project manager to be the City’s point of contact and responsible to oversee the work of the Consultant’s team such as right-of-way agents, appraisers, acquisition agents, and relocation specialists and shall coordinate these services with the City Engineer, City Attorney, assigned staff, and other real estate consultants including Licensed Surveyor(s) and City approved title company(ies) working on behalf of the City.
REQUIRED SERVICES
All work performed under this contract will require approval by the CITY Contract Administrator and issued through a Task Order. A proposal shall be requested from the Consultant to identify and refine the scope of services prior to issuing the Task Orders. The Task Order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultant to establish the maximum fee, includingexpenses, for the specific project and to establish the completion date.
The potential projects may vary in scope and size and may encompass any type of improvement for the transportation system including, but not limited to, roadway rehabilitation, widening and/or realignment of existing facilities, relocation of existing facilities, and construction of new facilities.
The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.
The consultant shall only perform work that is assigned in an authorized Task Order and an award of a contract does not guarantee any Task Orders will be issued. Work shall not begin until the Task Order has been approved by the Contract Administrator.
After full execution of a task order, the selected Consultant(s) shall meet with the City Engineer or the CITY’s Project Manager and other CITY staff as needed to obtain project specific requirements for all right-of-way acquisition needs. The Consultant should expect that all aspects of right-of-way acquisition including appraisals, acquisition, relocation assistance, and eminent domain proceedings will be to current CITY standards, policies, procedures, regulations, and methods. Lacking a CITY standard, policy, procedure, or regulation the Consultant shall rely upon and use Caltrans Standards or industry standards/methodologies for preparation and negotiation of right-of-way related analysis, reports, appraisals, acquisition offers, relocation assistance, and eminent domain proceedings. Standards and methodologies used shall be approved by the CITY prior to performing any work on the project. When Federal Funds are identified as the funding mechanism for the project, the Consultant shall follow all Federal laws, rules, and guidelines governing property acquisition.
Exact tasks, deliverables, and schedules will be identified in a task order. The Consultant shall provide a complete budget for services identified in the task order based on the Consultant’s submitted hourly rate sheet included as part of the Agreement. The task order budget shall be submitted with the work schedule as identified below.
The Consultant shall provide a working schedule indicating major milestones to complete the work identified in the task order once the scope and approach have been agreed to by the CITY and Consultant.
The schedule will be required to be submitted no later than two weeks after both parties approve the project scope and approach/methodology. At a minimum, the schedule shall include meetings with property City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
owners, tenants, and assigned CITY staff; appraisal report preparation; anticipated acquisition schedule; relocation assistance schedule; and submittals of documents with expected CITY review times included.
The Consultant shall hold additional meetings as necessary with property owners, tenants, and various CITY Departments as the project progress to ensure project requirements and outcomes are understood and addressed in any reports or analysis submitted to the CITY for review and approval.
The Consultant may be requested to meet with various CITY Staff, the Board of Public Utility, CITY Council, and other stakeholders from time to time to provide recommendations and provide updates on the status of the project.
The Consultant should expect a draft, a final draft, and final signed submittal for reports and analyses prepared by the Consultant. The Consultant’s schedule shall include the various submittals expected for each task order and provide sufficient time for the CITY to review and make comments.
As needed, the Consultant will perform field data collection necessary to complete the requirements of a specific task order. The Consultant is solely responsible for safety of its employees including any subconsultant employees during any field operations. Field and office surveys and preparation of legal plats and / or descriptions will be provided by the CITY to the Consultant. The Consultant will contract with a CITY approved title company for all services needed related to property acquisition. Fees for title company services shall be included in the Consultant’s budget for each specific task order.
Consultant shall provide project management to a level commensurate with the task order executed including clearly defining lines of communication between the CITY and the Consultant/Consultant Team, coordination necessary for successful completion of the task order, timely invoicing for services render, and notification of tasks considered outside the executed task order.
The above list is not intended to be comprehensive; additional services may be identified through the preparation of a specific task order. Without penalty, the Consultant will be given the opportunity to excuse himself/herself from performing the task order if identified tasks are not part of the Consultant’s expertise and cannot be address with the addition of sub-consultants or if the Consultant does not have available work force to complete the task order in the time frame identified.
GENERAL PERSONNEL REQUIREMENTS
The Consultant’s personnel shall be capable, competent, and experienced in performing the types of work in this Contract with minimal instruction. Personnel skill level should match the specific job classifications, as set forth herein or in the Consultant’s Cost Proposal and task complexity. The Consultant’s personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and Local laws and regulations.
The Consultant is required to submit a written request and obtain the Local Agency Contract Manager’s prior written approval for any substitutions, additions, alterations, or modifications to the Consultant’s originally proposed personnel and project organization, as depicted on the proposed Consultant’s Organization Chart or the Consultant’s cost proposals. The substitute personnel shall have the same job classification, as set forth herein or in the Consultant’s Cost Proposal not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to Local Agency. The substitute personnel shall have significant experience in the work involving a similar transportation facility for at a minimum two (2) previous projects, unless otherwise approved by the Local Agency Contract Manager.
City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
In responding to Local Agency Task Order and in consultation with the Local Agency Contract Manager, the Consultant Contract Manager shall identify the specific individuals proposed for the task and their job assignments. The Consultant shall provide documentation that proposed personnel meet the appropriate minimum qualifications as required by this Contract.
The Consultant’s personnel shall typically be assigned to and remain on specific Local Agency projects/deliverables until completion and acceptance of the project/deliverables by Local Agency.
Personnel assigned by the Consultant shall be available at the start of a Task Order and after acceptance of the project/deliverable by Local Agency.
After the Local Agency Contract Manager’s approval of the Consultant’s personnel proposal and finalization of a Task Order, the Consultant may not add or substitute personnel without the Local Agency Contract Manager’s prior written approval.
Resumes containing the qualifications and experience of the Consultant’s and Subconsultant’s personnel, which include existing, additional, and substitute personnel, and copies of their minimum required certifications, shall be submitted to the Local Agency Contract Manager for review before assignment on a project or Task Order. The resume for each candidate shall be submitted to the Local Agency Contract Manager within one (1) week of receiving the request.
The Local Agency Contract Manager may interview the Consultant’s personnel for the qualifications and experience. The Local Agency Contract Manager’s decision to select the Consultant’s personnel shall be binding to the Consultant and its Subconsultants. The Consultant shall provide adequate qualified personnel to be interviewed by the Local Agency Contract Manager within one (1) week of receiving the request.
The Local Agency Contract Manager shall evaluate the adequacy (quality and quantity) of the work performed by the Consultant’s personnel, and determining whether the deliverables satisfy criteria. The Local Agency Contract Manager may reject any Consultant personnel determined by the Local Agency Contract Manager to lack the minimum qualifications. If at any time the level of performance is below expectations, the Local Agency Contract Manager may direct the Consultant to immediately remove Consultant personnel from the project specified in a Task Order and request another qualified person be assigned as needed. The substitute personnel shall meet the qualifications required by this Contract for performance of the work as demonstrated by a resume submitted by the Consultant. Substitute personnel shall receive prior written approval from the Local Agency Contract Manager. Invoices with charges for personnel not pre-approved by the Local Agency Contract Manager for work on the Contract and for each Task Order shall not be reimbursed.
The Consultant shall not remove or replace any existing personnel assigned to Task Orders without the prior written consent of the Local Agency Contract Manager. The removal or replacement of personnel without the written approval from the Local Agency Contract Manager shall be violation of the Contract and may result in termination of the Contract.
When assigned consultant personnel is on approved leave and required by the Local Agency Contract Manager, the Consultant Contract Manager shall provide a substitute employee until the assigned employee returns to work from the approved leave. The substitute personnel shall have the same job classification, as set forth herein or in the Consultant’s Cost Proposal, not exceed the billing rate and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to Local Agency. Substitute personnel shall receive prior written approval from the Local Agency Contract Manager to work on this Contract.
City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
Other project personnel not identified on the Consultant’s cost proposal shall also satisfy appropriate minimum qualifications for assigned Task Orders. Local Agency prior written approval is required for all personnel not identified on the Consultant’s organization chart or the Consultant’s cost proposals before providing services under this Contract.
The Consultant is responsible to provide fully trained personnel to efficiently perform the work. The Consultant’s personnel may be asked to attend certain special training if recommended by the Local Agency Contract Manager. On such occasions, with the approval of the Local Agency Contract Manager, Local Agency shall compensate the Consultant for the Consultant’s actual cost for time spent in training only. All other costs, fees, and expenses associated with the training, including any transportation costs and training fees, shall be the Consultant’s responsibility. In addition, services to train the Local Agency personnel shall not be provided by the Consultant under this Contract.
DELIVERABLES
As agreed upon by the CITY and consultant in a Task Order for each project.
SCHEDULE
As agreed upon the CITY and consultant in a Task Order for each project.
GENERAL REQUIREMENTS
1. The Consultant shall begin the required work within two (2) working days after receiving a fully executed Task Order and the issuance of the Notice to Proceed (NTP) from the Local Agency Contract Manager to the Consultant Contract Manager or on the date specified in the Task Order.
Some work, however, may require Consultant personnel to mobilize within 24- hour of notifications. Once the work begins, the work shall be performed diligently until all required work has been completed to the satisfaction of the Local Agency Contract Manager or Local Agency designee.
2. The work shall not be performed when conditions prevent a safe and efficient operation, andshall only be performed with written authorization by Local Agency.
3. The Consultant Contract Manager may direct the Consultant’s employees to work overtime tomeet Task Order schedules at the request of the Local Agency Contract Manager. All overtimeshall be pre-approved by the Local Agency Contract Manager. Overtime shall be worked onlywhen directed in writing by the Local Agency Contract Manager and specifically required by the Task Order, and shall only be paid to persons covered by the Fair Labor Standards Act.
4. All Consultant personnel are required to sign a confidentiality and nondisclosure agreement.
Local Agency shall not reimburse the Consultant for costs to relocate its personnel to the service area of this Contract. Local Agency shall not reimburse the Consultant for per diem costs, unless preapproved by the Local Agency Contract Manager. Local Agency shall not reimburse the Consultant for out-of-state travel without prior written approval from the Local Agency Contract Manager.
Local Agency shall not incur costs beyond the funding commitments in the Contract and each Task Order.
If the Consultant anticipates that funding for work will be insufficient to complete work, the Consultant shall promptly notify the Local Agency Contract Manager.
City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
The Consultant may claim reimbursement for providing equipment or supplies. However, such claimed costs shall be in compliance with 48 Code of Federal Regulation (CFR), Chapter 1, Part 31 (Federal Acquisition Regulation - FAR cost principles) and 2 CFR, Part 200, and be consistent with the Consultant's company-wide allocation policies and charging practices with all clients including federal government, state governments, local agencies, and private clients.
The Consultant shall have and provide adequate office equipment and supplies to complete the work required by this Contract. Such equipment and supplies shall include, but not be limited to, the following:
a) Office Supplies.
b) Computers with appropriate software, printers, plotters, fax machines, calculators, data collectors and their necessary attachments and accessories.
c) Data processing systems, software packages, reference materials, or other tools, including hardware and software, used in providing deliverables. This includes, but not be limited to, the following:
i. Microsoft Office Software (including, but not limited to, Word, Excel, PowerPoint).
ii. Adobe Acrobat Professional version 5 or later.
iii. Recording test data.
iv. Calculating test results.
The Consultant shall provide all necessary tools, instruments, equipment, materials, supplies, and safety equipment required to perform the work identified in each Task Order and this Contract accurately, efficiently, and safely. The Consultant’s personnel shall be fully trained in the use of such necessary tools, instruments, equipment, materials, supplies, and safety equipment. The Consultant shall not be reimbursed separately for tools of the trade, which may include, but not be limited to, the above-mentioned equipment.
If the Consultant fails to submit the required analytical results, plans, designs, specifications, estimates, notes, calculations, analysis, reports, graphics, drawings, visual simulations, studies, product, data, manuals, details, deliverables, backup documents, other documents, and otheritemsrequired by thisContract and any approved Task Order, Local Agency shall have the right to withhold payment and/or terminate this Contract in accordance with the termination provisions of this Contract. If the Contract is terminated, the Consultant shall, at Local Agency’ request, return all materials recovered or developed by the Consultant under the Contract including, but not limited to, photos, field notes, computer data files, maps, artifact collections, catalogs, analytical results, plans, designs, specifications, estimates, notes, calculations, analysis, reports, graphics, drawings, visual simulations, studies, product, data, manuals, details, deliverables, backup documents, other documents, and other items required by this Contract.
MATERIALS TO BE PROVIDED BY THE CONSULTANT
Unless otherwise specified in this Contract, the Consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in each Task Order.
Local Agency shall not pay the Consultant for the Consultant’s work under this Contract and the charges incurred by the Consultant that does not conform to the requirements specified in this Contract and to the applicable Task Order, and such work shall be corrected at the Consultant’s sole expense at no additional cost to Local Agency.
METHOD OF PAYMENT
City of Kingsburg Request for Qualifications – RW, Appraisal and Acquisition
Lump Sum Fee. The Consultant performs the services stated in the Task Order for a lump sum fee as compensation, including a net fee or profit. The lump sum fee will be based on the Specific Rates of Compensation agreed upon by the City and Consultant.
City of Kingsburg Request for Qualifications- RW, Appraisal and Acquisition Services for Federally Funded Transportation Projects
APPENDIX A - SUBMITTAL REQUIREMENTS
These guidelines are provided for standardizing the preparation and submission of Statement of Qualifications (SOQ's) by all Consultants. The intent of these guidelines is to assist Consultants in preparation of their qualifications, to simplify the review process, and to help assure consistency in format and content.
SOQ's shall contain the following information in the order listed:
1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:
Mr. Daniel Galvez
Public Works Director
City of Kingsburg
1401 Draper Street
Kingsburg, California 93631
The letter shall be on Consultant letterhead and include the Consultant's contact name, mailing address, telephone number, facsimile number, and email address. The letter will address the Consultant's understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter shall be wet-signed in blue ink by the individual authorized to bind the Consultant to the proposal.
2. Executive Summary
3. Consultant Information, Qualifications & Experience
The CITY will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects within the past five (5) years which include the following information:
1. Contracting agency
2. Contracting agency Project Manager
3. Contracting agency contact information
4. Contract amount
5. Funding source
6. Date of contract
7. Date of completion
8. Consultant Project Manager and contact information
9. Project Objective
10. Project Description
11. Project Outcome
4. Organization and Approach
1. Describe the roles and organization of your proposed team for this project. Indicate the composition of subcontractors and number of project staff, facilities available and experience of your team as it relates to this project. Provide a list of all laboratory and field testing and CITY certification, segregating tests to be performed by a subconsultant.
City of Kingsburg Request for Qualifications- RW, Appraisal and Acquisition Services for Federally Funded Transportation Projects
2. Describe your project and management approach. Provide a detailed description of how the team and scope of work will be managed.
3. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the Project's Scope of Work, as well as the length of employment with the proposing Consultant. Key members, especially the Project Manager, shall have significant demonstrated experience with this type of project, and should be committed to stay with the project for the duration of the project.
5. Past Experience on City Projects
Include a description of past City projects (maximum of five) in which your firm has been involved, including the following:
a. Project Description
b. Year of Completion
c. Construction Cost (or Consultant cost if not an infrastructure project) d. City Contact
6. Staff Availability
Demonstrate that the Consultant's Program Manager and project staff have sufficient availability and/or that Consultant has sufficient resources to timely deliver CITY'S federal and state funded transportation projects.
7. Conflict of Interest Statement
Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing services under a contractual relationship with a construction contractor(s) on any CITY project related to this solicitation.
Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any services including claim services, Lead Project Management services and other related services provided to all other clients on any CITY project related to this solicitation.
In addition to the disclosures, the Consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
The Consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City's projects related to this solicitation. The submitted documentation will be used for determining potential conflicts of interest. CITY will use this documentation to determine whether the firm may work on specific projects.
If a Consultant discovers a conflict during the execution of an assigned task order, the Consultant must immediately notify the CITY Contract Administrator regarding the conflicts of interest. The CITY Contract Administrator may terminate the Task Order involving the conflict of interest and CITY may obtain the conflicted services in any way allowed by law. Failure by the Consultant to notify CITY Contract Administrator may be grounds for termination of the contract.
8. Litigation
Indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.
9. Contract Agreement
City of Kingsburg Request for Qualifications- RW, Appraisal and Acquisition Services for Federally Funded Transportation Projects
Indicate if the proposing Consultant has any issues or needed changes to the proposed contract agreement included as Appendix C.
The Consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.
A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR 16.301-3, 2 CFR 200, and 48 CFR 31.
10. Federal-Aid Provisions
The proposing Consultant’s services are federally funded, which necessitate compliance with additional requirements. Special attention is directed to Local Assistance Procedures Manual Exhibit (LAPM) Exhibit 10- R, A&E Sample Contract Language, Exhibit 10-U, Consultant in Management Position Conflict of Interest Statement, and Exhibit 10-I, Notice to Proposers DBE Information. The proposing Consultant shall complete and submit the forms listed in Appendix D with this proposal to be considered responsive. If this contract includes a consultant in a management support role, the process for approving the consultant must be followed. Reference LAPM Chapter 10 and Exhibit 10-U, Consultant in Management Position Conflict of Interest.
This solicitation is financed in whole or in part and therefore subject to Title 49, Code of Federal Regulations, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. To ensure equal participation for Disadvantaged Business Enterprise (DBE) groups specified in 49 CFR 26.5, a DBE participation is required. Only participation by certified DBEs will count toward the contract goal for this solicitation. In order to count toward a contract goal, a firm must be certified by the California Unified Certification Program (CUCP) and possess the work codes applicable to the type of work the firm will perform on the Agreement by the SOQ submittal due date. For a list of work codes, go to: https://caltrans.dbesystem.com/.
It is the proposer's responsibility to verify that the DBE firm is certified as a DBE by the specified SOQ submittal due date and time. For a list of DBEs certified by the CUCP, go to: https://caltrans.dbesystem.com/.
Reference "Statement of Qualifications Submittal Requirements" for detailed information and references to the required forms. Required forms will be made part of the agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation at due date and time of SOQ submittal may result in the SOQ submittal being rejected as non-responsive.
Federal and/or State prevailing wage rates may apply. This requirement, if applicable, will be specified in the draft Agreement. All consultants and subconsultants who bid or work on public works projects must register with the Department of Industrial Relations (DIR).
Consultants shall complete and submit with their proposal the following forms:
• Local Agency Proposer DBE Commitment (Consultant Contracts); (LAPM 10-O1). The local agency’s current contract DBE Goal is [3%].
• DBE Information - Good Faith Effort (LAPM 15-H) – Required only if DBE goal is not achieved.
It is recommended that proposer prepare and submit a GFE irrespective of meeting the DBE goal. • Disclosure of Lobbying Activities (LAPM 10-Q)
Upon award and through completion of the project, the successful proposing Consultant will be required to follow applicable federal-aid requirements and shall complete and submit with the agreement the following forms at the time of award:
• Local Agency Proposer DBE Information (Consultant Contracts) (LAPM 10-02) City of Kingsburg Request for Qualifications- RW, Appraisal and Acquisition Services for Federally Funded Transportation Projects
• Any other relevant forms required during the project.
Consultant shall demonstrate familiarity of providing services for federally funded projects and has clear understanding of requirements/needs to facilitate the project through Local Assistance and Local Assistance Procedures Manual.
11. Fee Schedule
The Consultant performs the specific items of work for services stated in the contract. The method of payment is lump sum fee for each individual project identified through task order. Items not categorized shall be reimbursed using specified rates of compensation.
In order to assure that the CITY is able to acquire professional services based on the criteria set forth in the Brooks Act and Government Code 4526, the proposal shall include a fee schedule for each service to be provided. Proposing Consultants will be required to submit certified payroll records, as required. Fee schedules shall be submitted in a separate sealed envelope from the proposal. The fee schedule is confidential and will remain sealed until all proposals have been reviewed, and the most qualified consultant has been selected. The top ranked consultant’s fee schedule is opened just prior to negotiations. All others are returned unopened after contract execution.
Selected Consultant shall comply with Chapter 10.1.3 of the Local Assistance Procedures Manual regarding the A&E Consultant Contract Audit and Review process. A pre-award or post-award may be performed on any contract issued as a result of this RFQ. Financial Document Review Request form must be completed and approved by the Independent Audits and Investigations (IOAI) prior to contract execution.
12. Required Forms
Required forms are listed in Appendix C and can be found at: https://dot.ca.gov/programs/localassistance/ forms/local-assistance-procedures-manual-forms. All listed forms must be completed, signed (if applicable), and included in the SOQ package.
City of Kingsburg Request for Qualifications- RW, Appraisal and Acquisition Services for Federally Funded Transportation Projects
APPENDIX B- PROPOSAL EVALUATION
Evaluation Process
All submittals will be evaluated by the CITY's Selection Committee. The Committee may be composed of CITY staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the CITY Contract Administrator/Project Manager only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by Proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of Proposer.
The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ.
Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the CITY's requirements as set forth in this RFQ.
The selection process will include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted.
Consultants invited to interviews will be required to submit cost proposals in sealed envelopes during the interview. Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.
Evaluation Criteria
Proposals will be evaluated according to each Evaluation Criteria, and scored on a zero to five point rating.
The scores for all the Evaluation Criteria will then be multiplied according to their assigned weight to arrive at a weighted score for each proposal. A submittal with a high weighted total will be deemed of higher quality than a proposal with a lesser-weighted total. The final maximum score for any project is five hundred (500) points.
Rating Scale
0 Not
Acceptable
Non-responsive, fails to meet RFQ specifications. The approach has no probability of success. For mandatory requirement this score will result in disqualification of submittal. 1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving project objectives per RFQ. 2 Fair Has a reasonable probability of success, however, some objectives may not be met. 3 Average
Acceptable, achieves all objectives in a reasonable fashion per RFQ specification. This will be the baseline score for each item with adjustments based on interpretation of submittal by Evaluation Committee members.
4 Above
Average /
Good
Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFQ requirements and expectations. 5 Excellent/
Exceptional
Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFQ specification.
City of Kingsburg Request for Qualifications- RW, Appraisal and Acquisition Services for Federally Funded Transportation Projects
The Evaluation Criteria Summary and their respective weights are as follows:
No. Written Evaluation
Criteria Weight
1 Completeness of Response Pass/Fail
2 Qualifications & Experience 40
3 Organization & Approach 15
4 Experience on Similar Projects 20
5 Staff Availability 10
6 Conflict of Interest Statement Pass/Fail
7 References 15
Subtotal: 100
No.
Interview Evaluation Criteria
(if necessary) Weight
9 Presentation by team 10
10 Q&A Response to panel
questions 15
Subtotal: 25
Total(if interviews are necessary): 125
1. Completeness of Response (Pass/Fail)
a. Responses to this RFQ must be complete. Responses that do not include the proposal content requirements identified within this RFQ and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration. Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.
2. Qualifications & Experience (30 points)
a. Relevant experience, specific qualifications, and technical expertise of the firm and subconsultants to conduct right-of-way acquisition and appraisal services on both federal and nonfederal aid projects.
3. Organization & Approach (20 points)
a. Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward.
b. Roles and Organization of Proposed Team
i. Proposes adequate and appropriate disciplines of project team. ii. Some or all of team members have previously worked together on similar project(s). iii. Overall organization of the team is relevant to CITY needs. c. Project and Management Approach
i. Team is managed by an individual with appropriate experience in similar projects. This person's time is appropriately committed to the project. ii. Team successfully addresses Site Planning and Programming efforts. iii. Project team and management approach responds to project issues. Team structure provides adequate capability to perform both volume and quality of needed work within project schedule milestones.
City of Kingsburg Request for Qualifications- RW, Appraisal and Acquisition Services for Federally Funded Transportation Projects
d. Roles of Key Individuals on the Team
i. Proposed team members, as demonstrated by enclosed resumes, have relevant experience for their role in the project.
ii. Key positions required to execute the project team's responsibilities are appropriately staffed.
e. Working Relationship with CITY
i. Team and its leaders have experience working in the public sector and knowledge of public sector procurement process.
ii. Team leadership understands the nature of public sector work and its decision making process.
iii. Proposal responds to need to assist CITY during the project.
4. Experience on Similar Projects (20 points)
a. Consultant demonstrates experience with performance of services on municipal projects similar in nature to those related to this solicitation.
b. Consultant demonstrates successful completion of said projects. c. Consultant is familiar with federally funded project development procedures.
5. Staff Availability (10 points)
a. Consultant demonstrates project team staff is available and able to promptly respond to requests throughout the contract duration in order to timely delivery projects.
6. Conflict of Interest Statement (Pass/Fail)
a. Discloses any financial, business or other relationship with the CITY that may have an impact upon the outcome of the contract or the construction project. b. Lists current clients who may have a financial interest in the outcome of this contract or the construction project that will follow.
c. Discloses any financial interest or relationship with any construction company that might submit a bid on the construction project.
7. References (15 points)
a. Provide as reference the name of at least three (3) agencies you currently or have previously consulted for in the past three (3) years.
8. Presentation by Team (if necessary) (10 points)
a. Team presentation conveying project understanding, communication skills, innovative ideas, critical issues and solutions.
9. Q&A Response to Panel Questions (if necessary) (15 points) a. Proposer provides responses to various interview panel questions.
APPENDIX C - REQUIRED SOQ FORMS
Required from Caltrans’ Local Assistance Procedures Manual Chapter 10 and 15 https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms • Sample Cost Proposal
• Exhibit 10-I: Notice to Proposers DBE Information
• Exhibit 10-O1: Consultant Proposal DBE Commitment
• Exhibit 10-02: Consultant Contract DBE Commitment
• Exhibit 10-Q: Disclosure of Lobbying Activities
• Exhibit 10-U: Consultant in Management Support Role - Conflict of Interest and Confidentiality Statement
• Exhibit 15-H: Proposer/Contractor Good Faith Efforts
• Certification of Indirect Costs and Financial Management System • California Safe Harbor Indirect Cost Rate Program
D-1
COST PROPOSAL
COST PROPOSAL 2
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Project No. Contract No. Contract Amount $ Date
For Combined Rate
Fringe Benefit % + General &Administrative % = Combined ICR% OR
For Home Office Rate
Fringe Benefit % + General &Administrative % = Home Office ICR% For Field Office Rate
Fringe Benefit % + General &Administrative % = Field Office ICR% Fee = %
BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification1 Hourly Billing Rates2
Straight3 OT(1.5x) OT(2x)
Effective Date of Hourly Rate
From To
Actual or Avg.
Hourly Rate4
% or $
Increase
Hourly Range -
for Classifications Only
John Doe – Project Manager * $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Civil Engineer II $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Sue Jones – Construction $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Engineer/Inspector $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% Engineer I $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% Buddy Black – Claims Engineer $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 Not Applicable Engineer III $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0%
Land Surveyor ** $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 $00 - $00 $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $00 - $00 $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% $00 - $00 Technician $0.00 $0.00 $0.00 01/01/2016 12/31/2016 $0.00 $00 - $00 $0.00 $0.00 $0.00 01/01/2017 12/31/2017 $0.00 0.0% $00 - $00 $0.00 $0.00 $0.00 01/01/2018 12/31/2018 $0.00 0.0% $00 - $00 (Add pages as necessary)
NOTES:
D-2
COST PROPOSAL
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**).All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended.
3. Billing rate = actual hourly rate * (1+ ICR) * (1+ Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.
COST PROPOSAL 2
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant ☐ Prime Consultant ☐ Subconsultant
Project No. Contract No. Date
SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Mileage Costs $ $
Equipment Rental and Supplies $ $
Permit Fees $ $
Plan Sheets $ $
Test $ $
Vehicle $ $
Subconsultant 1: $
Subconsultant 2: $
Subconsultant 3: $
Subconsultant 4: $
Subconsultant 5: $
Note: Add additional pages if necessary.
NOTES:
1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.
2. Proposed ODC items should be consistently billed regardless of client and contract type.
3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.
4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).
5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost.
6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.
7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.
D-3
COST PROPOSAL
8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.
9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.
10. Add additional pages if necessary.
11. Subconsultants must provide their own cost proposals.
Local Assistance Procedures Manual Exhibit 10-I
Notice to Proposers DBE Information
January 2025
Exhibit 10-I: Notice to Proposers DBE Information
(federally funded projects only)
The Local Public Agency (LPA) has established a DBE goal for this Contract of ____________%
1. TERMS AS USED IN THIS DOCUMENT
• The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
• The term “Agreement” also means “Contract.”
• LPA also means the local entity entering into this contract with the Contractor or Consultant. • The term “Small Business” or “SB” is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (see 49 CFR 26: Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs).
The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-O1: Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation must be collected and reported.
Exhibit 10-O2: Consultant Contract DBE Information must be included in best qualified consultant’s executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR 26, and the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
Local Assistance Procedures Manual Exhibit 10-I
Notice to Proposers DBE Information
January 2025
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.
F. The proposer must list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5. COUNTING DBE PARTICIPATION
Materials or supplies purchased from DBEs count towards the DBE goal under the following conditions:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution equipment must be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services
6. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please email [email protected] for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website. For guidance on how to search for certified firms using the CUCP database, please visit: DBE Goal Setting | Caltrans
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE:
7. Description of Work, Service, or Materials
Supplied
8. DBE
Certification
Number
Local Agency to Complete this Section
17. Local Agency Contract Number:
18. Federal-Aid Project Number:
19. Proposed Contract Execution Date:
20. 21. Local Agency Representative's Signature 22. Date
23. Local Agency Representative's Name 24. Phone
25. Local Agency Representative's Title
Consultant’s Ranking after Evaluation: __________________________ Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
9. DBE Contact Information
11. TOTAL CLAIMED DBE PARTICIPATION
10. DBE %
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
12. Preparer's Signature 13. Date
14. Preparer's Name 15. Phone
16. Preparer's Title
DISTRIBUTION: Original – Included with consultant’s proposal to local agency.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LPP 18-01 Page 1 of 2
January 2019
Local Assistance Procedures Manual Exhibit 10-O1
Consultant Proposal DBE Commitment
INSTRUCTIONS – CONSULTANT PROPOSAL DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Location - Enter the project location as it appears on the project advertisement.
4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc.).
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
8. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
10. DBE % - Percent participation of work to be performed or service provided by a DBE. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
11. Total Claimed DBE Participation % - Enter the total DBE participation claimed. If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
12. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.
13. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
14. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
15. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
16. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
17. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
18. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
19. Proposed Contract Execution Date - Enter the proposed contract execution date.
20. Consultant’s Ranking after Evaluation – Enter consultant’s ranking after all submittals/consultants are evaluated. Use this as a quick comparison for evaluating most qualified consultant.
21. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.
22. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
23. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.
24. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
25. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.
LPP 18-01 Page 2 of 2
January 2019
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT
1. Local Agency: 2. Contract DBE Goal:
3. Project Description:
4. Project Location:
5. Consultant's Name: 6. Prime Certified DBE: 7. Total Contract Award Amount:
8. Total Dollar Amount for ALL Subconsultants: 9. Total Number of ALL Subconsultants:
10. Description of Work, Service, or Materials
Supplied
11. DBE
Certification
Number
12. DBE Contact Information
13. DBE
Dollar
Amount
Local Agency to Complete this Section
14. TOTAL CLAIMED DBE PARTICIPATION
20. Local Agency Contract
Number:
21. Federal-Aid Project Number:
22. Contract Execution
Date:
Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.
23. Local Agency Representative's Signature 24. Date
25. Local Agency Representative's Name 26. Phone
27. Local Agency Representative's Title
%
IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Written confirmation of each listed DBE is required.
15. Preparer's Signature 16. Date
17. Preparer's Name 18. Phone
19. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
July 23, 2015
Local Assistance Procedures Manual Exhibit 10-O2
Consultant Contract DBE Commitment
INSTRUCTIONS – CONSULTANT CONTRACT DBE COMMITMENT
CONSULTANT SECTION
1. Local Agency - Enter the name of the local or regional agency that is funding the contract.
2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.
3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).
4. Project Location - Enter the project location as it appears on the project advertisement.
5. Consultant’s Name - Enter the consultant’s firm name.
6. Prime Certified DBE - Check box if prime contractor is a certified DBE.
7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.
8. Total Dollar Amount for ALL Subconsultants – Enter the total dollar amount for all subcontracted consultants.
SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
9. Total number of ALL subconsultants – Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.
10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.
11. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.
12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.
Also, enter the prime consultant’s name and phone number, if the prime is a DBE.
13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.
14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Participation Dollars Claimed” divided by item “Total Contract Award Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).
15. Preparer’s Signature - The person completing the DBE commitment form on behalf of the consultant’s firm must sign their name.
16. Date - Enter the date the DBE commitment form is signed by the consultant’s preparer.
17. Preparer’s Name - Enter the name of the person preparing and signing the consultant’s DBE commitment form.
18. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
19. Preparer’s Title - Enter the position/title of the person signing the consultant’s DBE commitment form.
LOCAL AGENCY SECTION
20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
22. Contract Execution Date - Enter the date the contract was executed.
23. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.
24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.
25. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the consultant’s DBE commitment form.
26. Phone - Enter the area code and phone number of the person signing the consultant’s DBE commitment form.
27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant’s DBE commitment form.
July 23, 2015
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B -
-
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Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHBIT 10-Q
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETING EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352.
The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 with a covered federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered federal action for which lobbying activity is or has been secured to influence, the outcome of a covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.
4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to:
subcontracts, subgrants, and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.
7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in Item 4 to influence the covered federal action.
11. Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).
12. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (Item 4) to the lobbying entity (Item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.
13. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.
14. Check all boxes that apply. If other, specify nature.
15. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal officials. Identify the federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.
16. Check whether or not a continuation sheet(s) is attached.
17. The certifying official shall sign and date the form, and print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SFLLL-Instructions Rev. 06-04
LPP 13-01 May 8, 2013
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
EXHIBIT 10-U CONSULTANT IN MANAGEMENT SUPPORT ROLE CONFLICT OF INTEREST AND C 1 ONFIDENTIALITY STATEMENT
RFP/RFQ PROCUREMENT NUMBERS (if applicable):
PROJECT NAME (and FPN, if applicable)2
:
APPLICABILITY: To be filled out by local agency consultants in management support role. □ I am an employee of a consultant under contract to the local agency that is responsible for the procuring and administering of one or more consultant contracts containing either Federal or State funds.
□ I am in a management position with the local agency, my title is listed below and I have attached my duty statement and scope of work.
□ I hereby certify as follows:
1. I recuse myself from all potential conflicts of interest.
2. I will not directly or indirectly participate in, manage, or oversee any consultant selection procurement process in which the consulting firm of which I am employed is competing as a consultant or subconsultant.
3. I will not directly or indirectly influence any employee, staff member, or other individual participating in any consultant selection procurement process in which the consulting firm of which I am employed is as a consultant or subconsultant.
4. I will not directly or indirectly participate in, manage, or oversee any local agency contract that is with the consulting firm of which I am employed, regardless of whether the involvement of my employer in the contract is as a consultant or subconsultant.
Among other things, this includes my not being involved in approving changes in the schedule, scope, deliverables or invoices.
5. I understand that if I am involved in any local agency contract that is with the consulting firm of which I am employed, in violation of 1. or 2. above, that local agency contract will no longer be eligible for Federal or State reimbursement because of my involvement.
□ I certify that I have read and understand my responsibilities per 23 CFR 172.7(b)(5) □ I fully understand that it is unlawful for a person to utilize any organization name (i.e. local agency) or auxiliary organization information, which is not a matter of public record, for personal gain.
1 Each consultant staff working in a management support role shall complete a separate form. 2 For on-call contracts or contracts for multiple projects, indicate accordingly.
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
□ I have read and fully understand all of the above.
Date: __________________ Signature: ________________________________________ Name: ___________________________________________
Title: ____________________________________________
Consultant Firm/Sole Proprietor: _____________________________
REVIEWED BY PUBLIC WORKS DIRECTOR OR AUTHORIZED LOCAL AGENCY
REPRESENTATIVE
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and will ensure:
□ That the foregoing named local agency consultant who is under contract and in a management support role with our local agency, abides by the foregoing terms and conditions; □ That should the foregoing named local agency consultant, who is under contract and in a management support role with our local agency, violate any of the foregoing terms and conditions, the Caltrans DLAE will be notified and such violation will be considered a breach of ethics and could be a basis for ineligibility of State or Federal project funds. □ The procedures followed to procure and execute the contract, between the local agency and the consulting firm of which I am employed, comply with all federal and state requirements. Also this contract has a specific date from to .
Date: __________________ Signature: ________________________________________ Name: ___________________________________________
Title: ____________________________________________
Department/Local Agency: _____________________________
January 2018
Local Assistance Procedures Manual EXHIBIT 10-U
Consultant Management Conflict of Interest Statement
REVIEWED/CONCURRENCE BY FEDERAL HIGHWAYS
I have reviewed the foregoing “Conflict of Interest and Confidentiality Statement” and supervisor’s statement.
□ I concur that the consultant, who is under contract and in a management support role with the local agency, does not appear to present a conflict of interest. The local agency and the consultant should be considered eligible for federal reimbursement. □ I do not concur as I believe that the consultant, who is under contract and in a management support role with the local agency, does appear to present a conflict of interest.
Date: __________________ Signature: _________________________________ Name: ____________________________________
Position: __________________________________
Distribution: 1) Copy to: DLAE for each Federal/State funded project 2) Copy to be returned to Local Agency by DLAE with FHWA approval
January 2018
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of ___% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:
Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates
May 2020
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.
Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
May 2020
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:
May 2020
Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 Inspector General
California Department of Transportation
Certification of Indirect Costs and Financial Management System (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant’s Full Legal Name:
Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries.
Indirect Cost Rate (ICR):
Combined Rate: Or
Home Office Rate: and Field Office Rate (if applicable):
Facilities Capital Cost of Money (if applicable):
Fiscal Period:*
* Fiscal period is annual one year applicable accounting period that the ICR was developed (not the contract period). The ICR is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant.
I have reviewed the proposal to establish an ICR(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that:
• All costs included in the cost proposal to establish the ICR(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31).
• The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31.
• The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally-funded A&E Consultant Contracts.
• All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification.
I am providing the required and applicable documents as instructed on the Financial Document Review Request form.
Financial Management System:
Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations.
Our financial management system has the following attributes:
• Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost accounts;
1 Certification of Indirect Costs and Financial Management System - Independent Office of Audits and Investigations - Revised 9/2022 • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirements.
Cost Reimbursements on Contracts:
I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following:
• Sanctions and Penalties - 23 CFR Part 172.11(c)(4)
• False Claims Act - Title 31 U.S.C. Sections 3729-3733 • Statements or entries generally - Title 18 U.S.C. Section 1001 • Major Fraud Act - Title 18 U.S.C. Section 1031
All A&E Contract Information:
• Total participation amount ___________________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. • The number of states in which the consultant does business is • Years of consultant’s experience with 48 CFR Part 31 is • Identify the type of audits listed below that the consultant has had performed (if applicable):
Cognizant ICR Audit Local Govt ICR Audit
Caltrans ICR Audit
CPA ICR Audit Federal Govt ICR Audit
I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the ICR Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans.
Name:** Title**:
Signature: Date:
Phone**: Email**:
**An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate.
Note: Both prime and subconsultants as parties of a contract must complete their own forms. Caltrans will not process local agency’s invoices until a complete form is accepted and approved by the Independent Office of Audits and Investigations.
2 California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 1
Consultant Firm Certification of Eligibility and Certification of Financial Management System
Consultant Firm Name _____________________________________________________________ Local Agency (if applicable) _______________________________________________________ Contract Number / Federal Project Number ________________________________________ Contract Total $ ___________________________________________________________________ For Subconsultant Firms – estimated % of work to be performed ____________________ % Safe Harbor Indirect Cost Rate (SHR): Home: 120% and/or Field: 90% Field SHR will be utilized for contracts where the work deliverables are not completed from the consultant offices (i.e. Construction Inspection, Material Testing, Sources Inspection, others).
Consultant Firm Certification of Eligibility
I, the undersigned, certify that I am eligible to use the Safe Harbor indirect cost rate as I:
1. Am not a Prime Consultant Firm on a Caltrans contract > $3.5M, or Local Government contract > $1M, regardless of the participation amount.
2. Have not used SHR for more than three (3) years since entering the program on a state or federally funded contract.
AND
1. Do not have relevant contract cost history to use as a base for developing a Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 31 compliant ICR.
2. Do not have a previously accepted ICR by a cognizant agency, or with an audited/accepted actual ICR, and do not have an existing contract with a provisional rate.
Certification of Financial Management System
I, the undersigned, certify that our financial management system in place for this contract and moving forward meets the standards for the Safe Harbor indirect cost rate requirements and financial reporting, accounting records, internal and budget control as set forth in 2 CFR 200, Subpart D. These standards require consulting firms have an accounting system California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 2
adequate to accumulate, and track allowable, allocable, and reasonable direct labor and other direct costs by contract; segregate indirect costs and remove unallowable costs.
Print Name ________________________________________________ Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________
Date Completed _______________________
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.
Definition of Terms
Direct Cost is any cost that is identified specifically with a particular cost objective. Direct costs are not limited to items that are incorporated in the end products as material or labor.
Costs identified specifically with a contract are direct costs of that contract. All costs identified with other final cost objectives of the contractor are direct costs of those objectives, 48 CFR 31.202.
Indirect or overhead cost is any cost that is not directly identified with a single final cost objective but is identified with two or more final cost objectives or with at least one intermediate cost objective, 48 CFR 31. 203.
References
Title 48 Code of Federal Regulations (CFR) Part 31 -Federal cost principles.
Title 48 CFR Chapter 99, Subchapter B - Procurement Practices and Cost Accounting Standards.
Title is 2 CFR 200 Subpart D, Standards for Financial and Program Management.
Title 23 United States Code (U.S.C.), Chapter 1, Section 112 - Letting of Contracts.
Title 23 CFR, Chapter 1, Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services.
American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit & Accounting Guide (2016 Edition).
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 3
Caltrans Contract
If participating on a Caltrans Contract, also attach a completed copy of the following Safe Harbor Indirect Cost Rate Questionnaire for Evaluating Consultant Firm’s Financial Management System.
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 4
Questionnaire for Evaluating Consultant Firm’s Financial Management System
Consultant Firm Name _____________________________________________________________ Firm Headquarters Address _________________________________________________________ _________________________________________________________ Accounting Records
• Location where Accounting records are held ________________________ • Name and Title _____________________________________________________ • Email and Phone ____________________________________________________ • Mailing Address _____________________________________________________ ____________________________________________________
To be eligible for Safe Harbor indirect cost rate (SHR), the Consultant Firm’s financial management system must be adequate to accumulate and track direct labor and other direct costs by contract, segregate indirect costs, and remove unallowable costs in accordance with 48 CFR 31 for the different business segments.
Instructions
1. Answer all questions and provide an explanation and additional supporting documentation where requested.
2. If additional space is required, please attach a separate sheet and refer to items being answered by number.
Has the Firm developed an indirect cost rate in the past? Yes ____ No ___ If “Yes”, you are NOT ELIGIBLE to use the SHR.
DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an ICR Schedule.
Is the Firm a Prime Consultant Firm on a Caltrans contract > $3.5M Yes ____ No ___ Or Local Government contract > $1M, regardless of the participation Amount?
If “Yes”, you are NOT ELIGIBLE to use the SHR.
DO NOT CONTINUE with this Questionnaire and please complete the AASHTO Appendix B ICQ and provide an AUDITED ICR Report.
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 5
1. What form of business entity is the Firm?
Sole Proprietorship ___ Partnership ____ C Corporation __ S Corporation __ Other __________________________________________________
2. What types of services will the Firm provide for this contract? (Select all that apply.) Architectural and Engineering Services ____ Program Management ____ Preliminary Engineering ____ Design Engineering ____
Surveying ____ Feasibility Studies ____
Mapping or Architectural Related Services ____ Other _____________________
3. Does the Firm have prior government contracting experience? Yes ____ No ____
4. Does the general ledger contain separate direct and indirect accounts for the following? Labor Yes ___ No _____ Non-Labor Yes ____ No ____
5. Does the company have a system in place to identify and remove form the indirect cost pools all unallowable cost? Yes_____ No ____
6. Does the firm assign a unique identification/project number in your accounting system for each contract/project?
Yes _____ No _____
7. Is indirect and direct labor separated by contract/project/cost objectives on employee timesheets with unique reporting codes?
Yes _____ No _____
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 6
8. Do you have written policies on the following cost categories? Accounting Yes ___ No ____ Overtime Yes _____ No ____
Billing Yes ___ No ____ Direct/Indirect Expenses Yes _____ No ____ Timesheet Preparation Yes ___ No ____ Prevailing Wage Yes _____ No ____ Bonus Yes ___ No ____
9. What types of employee status will the Firm provide for this contract? Non-exempt ____ Exempt-salaried ___ Exempt-hourly ___ Contract Employee ___ Other __________________________________________________
10.Does the Firm pay overtime for exempt employees?
Yes _____ No ___
11.Besides labor, does the Firm normally bill/invoice the following as direct contract/project costs? (Select all that apply)
Vehicle _____ Shipping ______
Computer/CADD _____ Lab ______
Printing _____ Travel ______
Specialty Equipment ____
(List below)
Other (List below) ______
_________________________________ ______________________________
12. Are mileage logs maintained for all vehicles? If no, please explain below.
Explanation _____________________________________________________________________ Where is the vehicle stored after work? ___________________________________________ Does employee use vehicle for personal use? Yes ______________________ No_______ What is the recovery/billing rate used for Firm or personal vehicle mileage reimbursement?
$ ________ per mile
California Safe Harbor Indirect Cost Rate Program
SHR Form Revised 9/25/2020 7
I certify that to the best of my knowledge and belief the responses to this questionnaire are accurate.
Print Name ________________________________________________ Signature ________________________________________________ (Electronic Signature Allowed)
Title ________________________________________________
Date Completed _______________________
Note: The certification of this Safe Harbor Rate was made by, and are the responsibility of, the Company’s management.
APPENDIX D – SAMPLE CONTRACT
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION ................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS .................................................................... 4 ARTICLE III STATEMENT OF WORK................................................................................................... 4 ARTICLE IV PERFORMANCE PERIOD ................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS .......................................................................... 6 ARTICLE VI TERMINATION................................................................................................................ 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS..................................... 11 ARTICLE VIII RETENTION OF RECORD/AUDITS ................................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES ........................................................................................ 12 ARTICLE X SUBCONTRACTING............................................................................................................ 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES............................. 15 ARTICLE XII STATE PREVAILING WAGE RATES................................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ....................... 19
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING....................................................................................................................................... 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE................... 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION.................................................. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION.................. 22 ARTICLE XIX INSURANCE ..................................................................................................................... 28 ARTICLE XX FUNDING REQUIREMENTS ......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS..................................................................................................... 29 Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ARTICLE XXII CONTINGENT FEE...................................................................................................... 29 ARTICLE XXIII DISPUTES....................................................................................................................... 30 ARTICLE XXIV INSPECTION OF WORK............................................................................................ 30 ARTICLE XXV SAFETY........................................................................................................................... 30 ARTICLE XXVI OWNERSHIP OF DATA................................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR ............. 31 ARTICLE XXVIII CONFIDENTIALITY OF DATA..................................................................................... 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION..................................... 32 ARTICLE XXX EVALUATION OF CONSULTANT.................................................................................. 33 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 33 ARTICLE XXXII TITLE VI ASSURANCES........................................................................................... 33 ARTICLE XXXIII NOTIFICATION............................................................................................................. 38 ARTICLE XXXIV CONTRACT.................................................................................................................. 38 ARTICLE XXXV SIGNATURES ............................................................................................................... 39 Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows:
(NAME)
The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
[Choose either Option 1 or Option 2]
[Option 1 - Use paragraphs A & B below for standard AGREEMENTs] A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
[Option 2 - Use paragraphs A & B below for on-call AGREEMENTs] A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).
ARTICLE III STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
[Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included.
Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number.
Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).] B. Right of Way
[State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.]
C. Surveys
[State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.]
D. Subsurface Investigations
[State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.] E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.
G. Checking Shop Drawings
[For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.
ARTICLE IV PERFORMANCE PERIOD
[A time must be set for beginning and ending the work under the AGREEMENT. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the AGREEMENT. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT.]
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY. [Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.]
C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
[Choose either Option 1, 2, 3, or 4]
[Option 1 - Use paragraphs A through K below for Cost-Plus-Fixed Fee AGREEMENTs] A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. [Option 2 - For Cost per Unit of Work AGREEMENTs, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project].
A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in (LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.
C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment. [Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements (such as oncall Agreements). This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection.]
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. [Local Agency to include either (a) or (b) below; delete the other one] (a) Reimbursement for transportation and subsistence costs shall not exceed State rates. (b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed. (NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
[Option 4 - Use paragraphs A through E below for lump sum agreements.
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.
D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not. (LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. [Choose either Method 1, Method 2, or Method 3 below and delete the other two.] Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Method 2: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed.
Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
Method 3: The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and nonDBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
May 2023
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS
FOR LOBBYING
[Include this article in all AGREEMENTs where federal funding will exceed $150,000. If less than $150,000 in federal funds will be expended on the AGREEMENT; delete this article and re-number the subsequent articles.]
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this 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 any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language