126
DOS PALOS
CARMELLIA RD
FIR AVE
Q ST
PALM AVE
MERRILL AVE
MILLUX AVE
J ST
BLOSSOM ST
OLIVER ST
IDA ST
O ST
MERCED ST
SEVENTH ST
GENERAL AVE
ALMOND ST
CHRISTIAN AVE
IONE ST
AUBREY AVE
AQUA VISTA ST
RUSSELL AVE
SANTA FE GRD
DOS PALOS RD
LEXINGTON AVE
REYNOLDS AVE
LUCERNE AVE
CENTER AVE
GOLDEN GATE AVE
FRANK AVE
FOLSOM AVE
SHAIN AVE
VALERIA ST
CAROL AVE
K ST
P ST
BLOSSOM ST
MADERA
AVE
SIXTH ST
SANTOS ST
CALIFORNIA AVE
GEORGE ST
SHARON LN
IND-R
RR
C
R
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REC
UR
C R C
LD C
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IND C R LD
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PU RR PU
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IND
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PU
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IND
PU
PU
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PU
IND
GC
PU
PU
PU
R
PU
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R R
C
A-R
A-R
A
A
A
A
A
A
General Plan - Dos Palos Area
Development Services Division - GIS
·
July 6, 2010 - MA
SUDP
City Limit
Agricultural
Light Industrial
Highway Interchange Center
Office Commercial
Commercial General
Golf
Commercial Reserve
Heavy Commercial
Commercial Neighborhood
Undesignated
Regional Community
Public/Government
Urban Expansion Area
Neighborhood Park
Quasi Public Facilities
Open Space
Agricultural-Residential
Commercial
Business Park
Commercial-Reserve
Commercial-Transition
Foothill Pasture
Mixed Use
General Commercial
High Density Res'd
Highway I' Commercial
Industrial
Industrial Reserve
Institutional\Public Facilites
Low Density Res'd
Medium Density Res'd
Neighborhood Commercial
Public Utilities
Residential
Recreational
Residential-Reserve
Rural Residential
Urban Reserve
Very Low Density Res'd
PRODUCED BY MERCED COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT Disclaimer: The information displayed on this map is for reference purposes only. Any questions regarding this map should be directed to the Merced County Planning & Community Development Department. 0 0.5 1
Miles
Dos Palos
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VIA MILANO
EAST AVE
5TH AVE
SOUTH AVE
LA SALLE WAY
5TH AVE
VIA PALERMO
6TH AVE
MEREDITH AVE
5TH ST
3RD AVE
6TH AVE
4TH AVE
2ND AVE
SOUTH AVE
WALLIS AVE
VIA BASILICATA
VIA BORRELLI
SHERWOOD DR
SYLVIA ST
NORTH AVE
LINDEN AVE
WALLER ST
VIA MARSALA
ASHMOUNT LN
BONTA AVE
VIA JODI DR
VIA DEL PETTORUTO PRIVATE RD
JENSEN RD
HALES DR
OLSON DR
RAILROAD AVE
6TH ST
WALLIS AVE
LAUREL AVE
FAIRVIEW AVE
4TH ST
8TH ST
2ND ST
CARNATION RD
BRENDA DR
VIA FRAGA
POINTE LOUROSE AVE
STEELE AVE
LUCERNE AVE
WALLIS AVE
1ST AVE
4TH AVE
EUREKA CT
2ND AVE
7TH ST
ELM AVE
VIA SANSOSTI
CARNATION AVE
1ST ST
VIA ALBERTI
SULLIVAN RD
HUNT RD
VIA ITALIANO
LEE AVE
BRENTWOOD AVE
WHITWORTH RD
PORTSMOUTH LN
MANOR AVE
3RD ST
SYCAMORE AVE
EDITH DR
VERDE DR
SYCAMORE AVE
FENTEM RD
NOBLE RD
HWY 140
WORTHINGTON RD
HWY 33
PRINCE RD
GUN CLUB RD
MILLS RD
KNIEBES RD GAY ST
KNIEBES RD
BORBA RD
WEST AVE WEST AVE
GROVE AVE
VIA PIEDMONT
PAYNE AVE
WH 3 Y 3
HWY 33
HUNT RD HUNT RD
EVA HSA
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Gustine
General Plan
City Limits
! ! !
! ! !
! ! Sphere of Influence
Residential EstateLow Density2.0 - 6.0 dw/acMedium Density
6.1 - 10.0 dw/ac
Mobile Home Park
RESIDENTIAL
High Density
10.1 - 15.0 dw/ac
Retail Business District
Office
Neighborhood
Highway
General Service
COMMERCIAL
Mixed Use
ParkSchool
PUBLIC USES
Greenway
Agricultural-Commercial
AGRICULTURAL
ManufacturingControlled Industrial
INDUSTRIAL
September 10, 2012
.
Prepared by Merced Data Special Services, Inc.
369 West 18th Street Merced CA 95340
209-723-3153
Planned Development
Railroad
500 0 500 1,000 1,500 250 Feet
Gustine
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128
F ST
TS NI A M
WALNUT AVE
LUS AT NA DR
WAKAMI DR
Y WKP NOT NI W
RD DOOWRAI RB
TS HT6
AE TS EVA
I ST
AH MM TA EVA T
TS HT4
PEACH AVE
EMERALDDR
MONTCLIFF WAY
KISHI DR
TR GI GER LN
CELIA DR
EVA SDL O
PARAD SI E DR
BURGUNDY DR
TS DN2
TS OSSURP
TS HT9
NEWCASTLE DR
LILAC LN
YA WTHGI WD
ON
TR
M H I A N TS
TS HT5
GRAPEVINE DR
CAMPBELL BLVD
G S
TS TS1 T
SWAN ST
CROWELL ST
DAVISST
PARK ST
J ST
D ST
E ST
B ST
C ST
TS HT7
DVL B NL OCNI L
EVA NI BOR
DVL B NOT GNI HSA W
TS HT8
TS HPESOJ
TS HT7
YA WTHGI WD
CAMPGROUND RD
TS DN2
Y WKP NOT IN W
R VI ER V EI W DR
OLIVE AVE
ELM ST
T S EROMACYS
EV ATT IO RRA M
EUCALYPTUS AVE
MAGNOLIA AVE
BLOSS AVE
BIRD ST
FL NI T AVE FL NI T AVE
VINEWOOD AVE
D R OLL AG
S.P. AVE
I L I V GN TS NO
RC SE ES Y DR
BLOSS CT
OAK ST
HOSK NI S AVE
EVA OT IS RC ET NOM
R D ANATLUS
PACIFIC AVE
DR OTA MAY
D R YELSEEHS
DR RETNUH
99
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December 19, 2019
City of Livingston General Plan
1,000 0 1,000 500 Feet
Legend LD - Low Density Residential
MD - Medium Density ResidentialHD - High Density Residential P - Park/Open SpacePF - Public FacilityPFR - Public Facility ReserveUR - Urban Reserve Growth Boundary - Year 2030Growth Boundary - Year 2040Growth Boundary - Year 2050 SC - Service CommercialNC - Neighborhood CommercialCC - Community CommercialCR - Commercial ReserveDC - Downtown CommercialHC - Highway Commercial LI - Limited Industrial
GI - General Industrial
IR - Industrial Reserve
Park Reserve
Railroad
River
Highway
City Limits
Growth Boundary - Year 2020Sphere of Influence
City of Livingston1416 C StreetLivingston, CA(209) 394-8041FAX: (209) 394-4190 Livingston
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129
General Plan Land Use Map
¯
LosBanos_GPLU
GPLU
Agriculture/RuralCivic/InstitutionalCommercialEmployment ParkHigh Density ResidentialIndustrialLow Density ResidentialMedium Density ResidentialMixed UseNeighborhood CommercialParkProfessional OfficeSR 152 Bypass Corridor Los Banos
DIIDDDDDIDI
130
Highway 140
Highway 59
Highway 59
Highway 140
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Date Saved: 11/21/2023
Bellevue Community Plan
UC Community Plan
0 0.4 0.8 1 2Miles
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Merced
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B
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133
Appendix B
Survey Results
A website for the project, accessible from
phones, tablets, and computers, was created
in English and Spanish. The project website
included an overview of the project, dates and
times for outreach events, and an interactive
map and survey that allowed the public to
identify where there are existing challenges
to safety walk or bike and help prioritize the
recommendations included in this plan.
Overall, 195 responses were received on the
survey and 84 comments were received on the
project website.
Detailed results from this outreach are attached
in this appendix
134
MCAG Project Survey
1. What community do you live in?
Merced 139
Atwater 12
Livingston 24
Gustine0
Dos Palos2
Los Baños5
Planada4
McSwain0
Santa Nella2
Franklin-Beachwood1
South Dos Palos0
Le Grand1
Volta0
Hilmar2
Stevinson0
Delhi1
Cressey0
Ballico0
Snelling0
Winton1
Other4
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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•
140
120
100 80 60 40 20
0 --
135
2. Please tell us a bit about yourself - check all that apply
3. How often are you walking to the following places?
I'm a student 75
I'm a parent 65
I work in Merced County 75
I live in Merced County 112
I'm retired 10
Other5
Everyday A few times a week A few times a month A few times a year Never N/A or does not apply to me
Going to work
Going to/taking children to school
Running errands (market, appointments,
etc.)
Visiting friends or family
Going to a bus or train stop
For exercise or leisure
100% 0% 100%
•
•
•
•
•
•
■
■
■ ■
120
100 80 60 40 20
0 -
■ ■
136
4. How often are you biking to the following places?
5. Are there places you would like to walk or bike to that you are not currently? (Select all that apply)
Everyday A few times a week A few times a month A few times a year Never N/A or does not apply to me
Going to work
Going to/taking children to school
Running errands (market, appointments,
etc.)
Visiting friends or family
Going to a bus or train stop
For exercise or leisure
100% 0% 100%
Going to work 48
Going to/taking children to sch… 40
Running errands (market, appoi… 93
Visiting friends or family 70
Going to a bus or train stop 39
For exercise or leisure 101
Other 24
■
■
•
•
•
•
•
•
•
■ ■ ■ ■
120
100
80 60
40 20
0
137
6. What are the top three (3) reasons preventing you from walking? (Select all that apply)
7. What are the top three (3) reasons preventing you from biking? (Select all that apply) Distances between destinations 122
It takes too long to walk to whe… 96
Fear of traffic collision or other … 89
Concern for personal safety 114
Lack of sidewalks/crossings or p… 109
I am pregnant or have children/… 5
I am disabled/unable to walk 7
Other 20
Distances between destinations 47
It takes too long to bike to wher… 42
Fear of traffic collision or other … 116
Concern for personal safety 106
Lack of bike infrastructure or po… 104
I am pregnant or have children/… 4
I do not have a bicycle 68
Lack of secure bike parking 67
My route includes hilly terrain 15
Climate/weather makes biking d… 24
Other 20
• 140
• 120
• 100
• 80
• 60
• 40
• 20
• 0 ■
•
• 120
•
• 100
• 80
• 60
• 40
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138
8. What design considerations are important to you? (Rank: Less Important to Very Important)
9. Is there anything else you'd like to tell us about your experience walking and biking across Merced County?
1 Separating trails or bike lanes fr…
2 Enhancing crossing opportunities
3 Providing safe routes for walkin…
4 Lowering vehicle speeds
5 Reducing congestion and delays…
6 Keeping on-street parking
7 Bicycle parking
8 Connecting regional pathways t…
139
• You need more bike and walking paths in the north. Also more nature parks and reserves. • More sidewalk. Maintenance needed on sidewalks to allow for safe standing at intersections. • Walking and Biking should be separated with at least a painted line. Biking can be a commuting option if bike lanes are treated like lanes.
• I truly like the fact that Merced has biking trails linked throughout town. Our family of 5 went on long bike rides each day during the Covid lockdown which gave us much needed exercise and became an activity that we all enjoyed as a family. • Put more money on all road in Merced. Roads are horrible. • Siento mucho procupacion para mi comunidad, mas para los ninos que van a la escuela porque no tenemos banquetas or reductores de velocidad. No hay luz en nuestra calles so con todo esto se hace dificil caminar en mi calle: South P St. Invitamos que ustedes vayan a hacer encuestas con residentes en mi comunidad.
• There needs to be more sidewalks in north and south merced, also there needs to be bigger bike lanes.
• There are tons of potholes in county roads, we live in the border of county and city limits. • I have waked Bear Creek, Black Rascal Creek, and the bike path behind Lehigh Dr in Merced.
All have become riddled with homeless people and it isn't pleasant to see anymore. They leave garbage everywhere and poop and urinate under bridges. This is why I don't enjoy the biking and walking in Merced anymore.
• Current rail trails need to be cleaned up. They are nice but too many homeless and feels unsafe.
• I wish we could clean up our community and have shelters for the homeless instead of loitering parks, trails, and shopping centers.
• Need more trails and security.
• From my experiences when walking around Merced everything is pretty far, including bus stops. As a student, this makes it difficult for us to run errands because we have to walk a lot between destinations and waiting for the bus makes our trips even longer too which can take away lots of our day. Another thing that affects our experience is the fact that there is no city bus on the weekends. We have to walk a lot to our destinations, and have to find the bus stops for the university bus, which are more confusing than the city bus. • It is difficult to walk most places due to distance.
• The community does not feel safe to walk around in.
• When walking/biking across the Merced County I noticed that there is no real space to bike or walk as there is not a lot of sidewalks.
• I just haven't really figured out where I want to walk yet because most of the time, driving makes more sense.
• When I exercise it is usually later in the day and most streets lack sufficient lighting. • Don't go onto the streets of county too often, so I can't speak on that. • The road has many potholes, many cars speeding, and not enough room for bikes to traverse the road safely, especially at night with little street lighting. • Walking around Merced is tiring.
• Some of the roads are cracked which make it harder to walk/bike without the thought of getting hurt.
• Not enough lights night walks, need more walking trails. Safety for walkers need to be addressed.
• Some sidewalks need to be redone due to large cracks.
140
• It is rare to see biking in the area I live and walking tends to be more popular and I live near a bike trail as well so I wonder if it has more do with crossing opportunities. • I feel like the city should create a bigger bike lane on Bellevue Rd, it is very tight for cars and for bikes. When I drive I drive the slowest I can when passing next to the Bicyclists. I also think there should be more lights to see people walking late at night. It will help create secruity. • I wish it was safer and also more secure when locking bikes. • Merced is not a walking friendly nor really biking friendly place. As beautiful and as expansive as Merced is, it is hard to move around or get anywhere without a car. • There isn't many bike lanes in Merced, so biking can be a hassle at times. • Commuting from UC Merced to the city is relatively far. • Bike shops in Merced ??
• Could use more lights for major intersections.
• The road quality is horrible and unsafe.
• I like how there is always a bike lane and buttons for pedestrians to press with an audio. • My experience in walking and biking in Merced county has always been a beautiful scenery, beautiful nature and sunrises/ sunsets. But one of the problems that is very concerning is when walking at night. Recently, since the sun sets earlier, it becomes really dark at 5pm, and the problem is the Merced county doesn’t have enough street lamps or enough post lights to help illuminate the neighbors. As a woman living in Merced, I would feel much safer being able to feel less frightened if there were more lights instead of walking in a pitch black neighbor in Merced.
• The sidewalks (or lack of) along Franklin Road and Ashby Roads is troublesome, at best. The speeds at which cars are driving on Franklin Road are scary. Congestion during school dropoff/pick-up times is horrific. What happened to the roundabout that was supposed to be installed at Franklin Road and Ashby Road? The congestion at the stop light at Santa Fe and Franklin Road could be easily mitigated by allowing cars in one direction to go while the other waits at a red light (stop lights on Bear Creek are an example of this). • Traffic speeds along M street can feel uncomfortably fast even though there are residential neighborhoods along M.
• The area I walk is downtown, even though it’s the most walkable part of town it’s still car oriented. Just asking for a crosswalk on K St. has gone nowhere. It’s a street with many apartments and pedestrians, disable folks and parents with kids. • Please keep us safe. Please remove homeless encampments. Please clean up the paths. • There is a lack of safe places to ride. Bike lanes are not maintained to the extent roadways, often they fill with water from sprinkler, trash and other items that can damage bike tires. • I highly recommend securing funding to draft and develop a County wide "Shared Mobility Program" that would include Technical Assistance, Grant writing support and Project Implementation monies for local jurisdictions or at least a implement three-year shared mobility pilot program in a County City to learn from.
• It was about 3-4 years that I was walking in my community and fell because of a broken sidewalk. This sidewalk was on Lewis & Circle. My injury was so bad that I had to go to the hospital and the injury still affects me today. There are a lot of outdated/broken sidewalks in my community that make it hard to walk.
• Reduce street size to slow down speeding especially in rural residential streets, e.g. Cone Ave. • As Education and Outreach Coordinator for the Merced Bicycle Coalition, as a League of American Bicyclists licensed instructor, and having chaired the City's BPAC for eight years, I'm happy to share my experiences and hopes for active transportation in Merced.
141
• Sometimes I like to walk around but I do not have a bike at this moment. • No me siento segura, aparte esta el problema de homeless. • It’s very dangerous doing so because of the constant big rigs and cars traveling near restaurants and in our community. Road are not safe, pot holes. Nothing gets fixed. • Know several people who have biked and been hit by car, county roads dangerous to bike. • Since we lack on bike trails we need more speed bumps throughout the neighborhoods. A lot of speeding happens throughout the neighborhoods and drivers do not pay attention. I would walk my children to school but there is a lack of sidewalk at the end of Main Street, I am always fearful when my son walks to the High School.
• Folks driving cars are often too careless about people walking or on their bike. It is often scary to see this behavior and it has stopped from walking or biking in my city, especially with small children.
• The railroad crossing on Main St. by True value is very dangerous. So many stray dogs that chase after people. Not enough street lights there are so many dark streets especially in the older areas of town.
• NEED MORE OF IT. Car dependency sucks. Prioritize people not cars. • It would be nice to have safe bike paths in our community. • The road conditions are gross the patch work is done half ass so that the pot hole appears again and the county road works can keep re-patching (job security). • En mi comunidad de Dos Palos Y , ni tenemos ni banquetas ni alumbrado público, mucho menos espacios para andar en bicicleta, los ciclistas usan las carreteras • No sidewalks, no actual trials for walking.
• I'm Dos Palos Y , no tenemos banquetas ni alumbrado público. • Since my disability it has mad it almost impossible for me to walk or bike anywhere. • At a very minimum, every neighborhood where students live too close for busing to school should have a sidewalk and bikeable options. Golden Valley High School and the Weaver USD really lack options for many of the students.
• Two huge areas of concern for cyclists right now are G Grade between Snelling and Merced.
This route is the most used route and the pavement is horrible and the bike lane is very unmaintained. The cycling community would love to see an 8 foot bike lane between Merced and Snelling. Secondary, McKee Road in its entirety and Olive between McKee and the new parkway.
• It would be very nice to have a actual bike lane from Merced to Snelling. For example, Highway 140 on the west side after Applegate Road has a generous bike lane both directions.
Also the new section of Childs Avenue between Plainsburg Road and to be has an adequate bike lane on each side. We need the same thing to/from Snelling. • 8 foot bike lane from Merced to Snelling.
• Cars are driven as if they’re the only ones on the road, too fast and get really close to cyclists.
We need a large bike path to Snelling and slow cars down on Snelling Road. • Merced/Atwater are not so big they cannot be commuted by bike, as well as around town. • Sidewalks are non existent and may sometimes be small. Gutters are NOT bike lanes.
Crosswalks need to stand out more via reflective paint and signs. Safer and wider bike lanes out to Snelling (8 ft. Wide).
• I enjoy the Bear Creek Bike Path, I hope it will be repaired so that we can safely use it again. • Safety from drivers is bigger concern. Not enough supportive infrastructure. Start with downtown area and make it an example.
142
• Need more bike path, connections.
• I love the idea of regional foot/bike paths connecting cities. This network could create largescale recreational opportunities like marathons, bicycling events, etc. • No sidewalk attached from Yosemite crossings shopping center to Bellevue ranch nor El Capitan high school.
• Need more and safer routes/pathways to parks, businesses and schools. • When walking, there are many sidewalks that end abruptly. When biking, there is a lack of adequate and secure bike parking to allow me to feel comfortable leaving my bike to go inside where I will no longer be able to watch my bike.
• When, the City Los Banos, will start working to Reopening the Anza Way? • More bike paths connected to public transport. We cannot grow without bike paths. • No bike/walking path closer to the UC.
• Bike paths that are just paint in the road are not safe. Drivers ignore them, people park in them. I am safer in a lane than crammed in a shoulder where I’m not seen by cars. • The streets need to be repaired in many areas. It is incredibly rough on bike tires and having to avoid rocks and holes can be very dangerous.
• Too many stray dogs, chased me while biking. Scared when walking. • Merced is SO close to becoming a fully connected, bike-able city — there are just a few major connecting routes that are in dire need of bike/walk infrastructure (e.g., McKee). • Don't make bike routes along two way stop intersections across large roads. • Bumpy.
• Reinforce safety, add more bike lanes, wider sidewalks. Better crosswalks. • Some areas don't feel safe.
• Where we live we don't have sidewalks. The terrain is uneven and with heavy traffic it makes it dangerous to walk.it makes it dangerous to walk.
• Some places it's hard for me to get to unless a friend drives me there . There should be more bus routes.
• Feels unsafe sometimes.
• Wider roads. More signs. More patrols.
• We were trying to start a neighborhood watch but law enforcement were not responding to our calls. More speed bumps are needed.
• Cross streets walking sometimes take long time.
• Provide more lighting.
• Bike path need to kept clean of debris.
• It's often very beautiful and relaxing.
• I'd like the major bike paths to connect. More north South bike paths separate from road. • We need a regional bike lane that starts in Merced and ends in Turlock. • There are a lot of un experience drivers that do not care and are never reprimanded for their actions.
• There is not many trails and it's pretty dangerous.
• It's very hard to walk with small sidewalks.
• Safety.
• Drivers can be reckless.
• More sidewalks can park areas.
• To many bumps on paths.
• More trails.
143
• Love.
• Sidewalks need maintenance and lines need repainting. • Whenever I have the opportunity to walk I take it but sometimes it difficult considering distance and the dangers of street animals.
• More things to do on the path.
• More ducks that eat peas.
• Good.
• Make more sidewalks.
• Please add more bike lanes and more safety for pedestrians, this city one does not feel safe with all the homeless camping on the bike trails and traffic being horrible on the street. • Fun.
• Too many homelessness.
• Need better sidewalks.
• While the bike paths in North Merced are lovely and an important community resource, they are better designed for recreation than for transportation. There should still be well delineated bike lanes on all major thruways for cyclists trying to get to and from work. For example the bike lane only runs East-West and there are not good options North-South. Olive does not have a good bike lane, despite being a central commercial area. • Please look into bike valets at concerts or large shopping venues. Knowing someone is watching over my bike would allow me to enjoy whatever I'm doing fully. • Livingston-Cressy road has no sidewalks and no busses go down that road so I have to walk into town on the street.
• I think there aren't too many sidewalks with proper spacing so this doesn't really encourage me to try and walk around more because it doesn't feel safe. • It’s scary to cross the road sometimes. some roads in Merced is really dark so a lamp would be helpful.
• There are not enough bike road.
• I would like better sidewalk conditions and more cross intersections for pedestrians. • It would be great if there were clearer bike lanes along certain roads/streets. • this county neglects the unique aspects of its wildlife preserves by not providing hiking and bicycle access. This is not a large County, yet it has unique environmentally significant areas not easily accessible. This region can be a healthier region if people are enticed to hike and bicycle more between cities and town within the County. • We have some beautiful bike paths; it would be nice if they were patrolled like they were a few years go with police office on segways. It would let families feel safe and maybe deter the elements that haunt the creek paths. This would encourage more bicycling and pedestrians walking if they knew they were safe on the paths. We are thankful for the effort that has been put into place preserving some of these paths. I believe if we make it more accessible to everyone then it will be utilized more and become a normal way of life in Merced. • Not safe with speeding cars and unprotected bike lanes. crossing at intersections even with traffic lights is VERY scary. Fear for my kids who would otherwise love to be more independent.
144
C
145
Appendix C
Prioritization Process
Prioritization of the projects identified in the
MCAG Active Transportation Plan provides an
understanding of community needs, targets
investments, and strategically positions projects
for competitive grants. Potential factors for
prioritization are proposed in this appendix
in Table 11. These factors are aligned with
the eligibility criteria for the California Active
Transportation Program.
Prioritization factors consider safety, access to
schools and community destinations, equity,
and connectivity. Each factor will be weighted
by significance, then scores for all factors will be
summed and normalized to provide a total score
for each proposed project. A list of proposed
factors for consideration is presented in Table 11.
MCAG staff may also wish to consider
additional factors to prioritize based on the
potential for mode shift, and/or the difficulty of
implementation. Low-stress, separated facilities,
such as a trail, Class I path, or cycletrack are more
likely to contribute to mode shift in the long term
and see additional safety benefits by separating
users from vehicles. However, these projects
also can involve more difficult implementation
considerations, such as tradeoffs around the
reallocation of roadway space and higher
construction costs. Similarly, projects such as
bicycle boulevards, which involve the addition of
traffic calming elements on low-speed roadways,
may have lower implementation costs but are
less likely to increase mode shift.
146
Table 11 List of Prioritization Factors
Input Factor Source Range of Factor
Variable
Score Significance
Safety – 40%
Fatal or severe injury collisions
within 250 feet
UC Berkeley
SAFETREC TIMS /
Points
2+ collisions 2
High 1 collision 1
Presence on Bike/Ped High Injury
Network
MCAG Local Road
Safety Plan and
County Local Road
Safety Plan
Yes 1 High
Need (Access & Connectivity) – 40%
Proximity to Schools CA Dept. of Education
/ Points
Within ¼ mile 2
High Within ½ mile 1
Proximity to Libraries & Parks Points
Within ¼ mile 2
Medium
Within ½ mile 1
Proximity to Transit (Bus) Stops GTFS / Points Within ¼ mile 2Medium Within ½ mile 1
Disadvantaged Communities – 20%
Schools with large share (75%)
of students eligible for free and
reduced-price meals
CA Dept. of Education
/ Polygons
0-0.25 miles 4
0.25-0.5 2 High
0.5-1 1
Health Places Index Polygons Within 25th
percentile or less 1 High
CalEnviroScreen 4.0 Polygons Within top 25% 1 High
Low-income communities ACS / Polygons Income below 80%
statewide median 1 High
Climate and Environmental
Justice Screening Tool (CEJST) USDOT / Polygons Identified as disadvantaged 1 High
Equitable Transportation
Community (ETC) Explorer USDOT / Polygons Identified as disadvantaged 1 High
147
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148
CD
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149
Appendix D
Project List
Prioritized project lists that correspond to
the maps in Chapter 5, broken down by
jurisdiction, are provided in this appendix.
150
Location From To
Facility
Type Length Priority
Cost
Estimate
Almador Terrace Juniper Ave Clinton Ave 3B 0.34 $30,000 Almador Terrace Clinton Ave Broadway Ave 2 0.27 $30,000 Atwater Canal N Buhach Rd Olive Ave 1 4.82 High $8,880,000 Ave Two City Limits N Buhach Rd 1 0.55 $1,010,000
Bellevue Rd Atwater Canal Santa Fe Rd 2B 2.52 High $1,040,000 Broadway Ave N Buhach Rd Shaffer Rd 3B 1.18 $100,000
Buhach Rd Bellevue Rd Juniper Ave 3B 0.76 $60,000
Fifth St Bellevue Rd Atwater Blvd 3B 1.03 High $80,000
First St Bellevue Rd Atwater Blvd 2 1.23 High $130,000
Fruitland Ave Shaffer Rd Atwater Canal 3B 0.94 $80,000
Green Sands Ave City limits Broadway Ave 1 0.91 $1,670,000 Juniper Ave Shaffer Rd Winton Way 3B 1.08 High $90,000
Juniper Ave Shaffer Rd Buhach Rd 1 1.06 High $1,950,000 Mitchell Ave N Winton Way Atwater Canal Path 1 0.43 High $800,000 N Buhach Rd Green Sands Ave Juniper Ave 1 0.76 $1,400,000 N Winton Way City Limits Olive Ave 2B 1.32 High $210,000 Shaffer Rd Camellia Dr E Bellevue Rd 1 0.75 $1,390,000
Shaffer Rd Bellevue Rd Atwater Blvd 4 1.34 High $260,000 Location Cross Street Project Type Cost Estimate
5th St Midblock south of Ivy Ave Traffic Calming $250,000 Bellevue Rd Atwater Canal Trail Crossing $130,000
Bellevue Rd Shaffer Rd Traffic Calming $1,400,000
N Winton Way Fruitland Ave Trail Crossing $130,000
Winton Way Livingston Canal Install RRFB $130,000
Atwater
Spot Improvement Projects
151
Dos Palos
Location From To
Facility
Type Length Priority
Cost
Estimate
Bryant Ave Carmelia Ave Valeria Ave 1 1.87 $3,440,000
Bryant MS Valeria St 1 0.41 $760,000
California Ave Colony Branch
Three Canal
Valeria St 3B 0.49 High $40,000
Center Ave Dora St Valeria St 3B 0.39 $30,000
Colony Branch
Three Canal
Golden Gate Ave Reynolds Ave 1 0.94 $1,720,000
Elgin Ave Valeria St Santos St 0 0.59 High $250,000
SR-33 Valerie St County limits 2 2.12 High $220,000
Valeria St Bryant Ave Elgin Ave 3B 1.50 High $120,000
Valeria St Center Ave Elgin Ave 1 0.57 High $1,060,000
Location Cross Street Project Type Cost Estimate
California Ave Almond St Intersection Upgrades $250,000 California Ave Blossom St Intersection Upgrades $250,000 Center Ave Blossom St Intersection Upgrades $550,000
E Blossom St Leonard Ave Crossing Enhancement $250,000
E Blossom St Lucerne Ave Install RRFB $130,000
Frank Ave Almond St Intersection Upgrades $250,000
Frank Ave Blossom St Intersection Upgrades $250,000
Loraine St Center Ave Intersection Upgrades $250,000
Palo Alto St Leonard Ave Crossing Enhancement $250,000
Palo Alto St Mabel Ave Crossing Enhancement $250,000
Spot Improvement Projects
152
Gustine
Improvement Location Start End Length
Priority
Score
Cost
Estimate
New Sidewalk 1st Avenue Alley between West
Ave and 6th St
76 ft 18 $9,800
New Sidewalk 1st Avenue Alley between 5th
and 6th Streets
80 ft 13 $10,400
New Sidewalk 1st Street 2nd Avenue 3rd Avenue 810 ft 3 $105,200 Class III Bicycle
Boulevard
2nd Avenue West Avenue SR 33/140 (4th St) 0.24 mi 11 $4,900 New Sidewalk 2nd Avenue Alley between 5th
and 6th Streets
80 ft 15 $10,400
New Sidewalk 2nd Avenue Alley between West
Ave and 6th St
40 ft 13 $5,200
New Sidewalk 2nd Avenue 2nd Street East Avenue 1,177 ft 3 $153,000 New Sidewalk 2nd Avenue 5th Street 4th Street (SR
33/140)
498 ft 3 $64,700
New Sidewalk 2nd Street North Avenue 5th Avenue 2,205 ft 3 $286,700 New Sidewalk 3rd Avenue Alley between 4th
and 5th Streets
80 ft 10 $10,400
New Sidewalk 3rd Avenue Railroad tracks East Avenue 988 ft 8 $128,400 Class III Bicycle
Boulevard
4th Avenue West Avenue 4th Street 0.29 mi 6 $5,700
New Sidewalk 4th Avenue Alley between West
Ave and 7th St
85 ft 13 $11,100
New Sidewalk 4th Avenue Alley between 6th
and 7th Streets
109 ft 13 $14,200
New Sidewalk 4th Avenue Alley between 2nd
and 3rd Streets
East Avenue 972 ft 3 $126,300
New Sidewalk 5th Avenue Alley between 7th &
8th Streets
80 ft 8 $10,400
New Sidewalk 5th Avenue Alley between 6th
and 7th Streets
80 ft 8 $10,400
New Sidewalk 5th Avenue Alley between 5th
and 6th Streets
80 ft 8 $10,400
New Sidewalk 5th Avenue 7th Street Alley between 6th
and 7th Streets
280 ft 5 $36,400
The City of Gustine recently completed the development of a citywide Active Transportation Plan, which was adopted in December 2021. As such, the ATP does not include new projects for Gustine and instead defers to the locally- developed plan.
The following tables reproduce Appendix C of that 2021 plan.
153
Gustine
Improvement Location Start End Length
Priority
Score
Cost
Estimate
New Sidewalk 5th Avenue Alley between 3rd and
2nd Streets
East Avenue 726 ft 3 $94,400
Class III Bicycle
Boulevard
5th Street SR 33/140 North Avenue 0.39 mi 15 $7,800
New Sidewalk Ash Avenue South Avenue Wallis Avenue 360 ft 11 $46,800 New Sidewalk Carnation
Avenue
355 Carnation Ave Railroad Avenue 338 ft 11 $43,900
Study Carnation
Road
East Avenue Kniebes Road 0.50 mi 0 Varies
New Sidewalk Carolyn
Drive
Elm Avenue Laurel Avenue 559 ft 8 $72,700
Study Drainage
Canal
Access Road
Drainage Canal (West
side of Gustine)
Via del Pettoruto 0.92 mi 10 Varies
New Sidewalk East Avenue 2nd Avenue 5th Avenue 1252 ft 3 $162,800 Study East Avenue Fairview Avenue Railroad Avenue 0.13 mi 5 Varies New Sidewalk Elm Avenue Carolyn Drive SR 33/140 (South
Ave)
624 ft 18 $81,100
New Sidewalk Elm Avenue SR 33/140 (South Ave) Wallis Avenue 1,404 ft 16 $182,500 Class I MultiUse PathGrove
Avenue
430' north of Sullivan
Rd
Sullivan Road 0.08 mi 13 $212,100
Study Kniebes
Road
Carnation Road Meredith Avenue 0.25 mi 0 Varies
Class III Bicycle
Boulevard
Laurel
Avenue
North Avenue Sullivan Road 0.98 mi 11 $19,600
New Sidewalk Laurel
Avenue
Meredith Avenue SR 33/140 2,359 ft 16 $306,700
Class III Bicycle
Boulevard
Laurel
Avenue
North Avenue Sullivan Road 0.98 mi 11 $19,600
New Sidewalk Laurel
Avenue
Meredith Avenue SR 33/140 2,359 ft 16 $306,700
New Sidewalk Laurel
Avenue
Bonta Avenue Sullivan Road 557 ft 11 $72,400
New Sidewalk Laurel
Avenue
SR 33/140 North Avenue 4,874 ft 8 $633,700
Class III Bicycle
Boulevard
Linden
Avenue
Sullivan Road SR 33/140 0.25 mi 11 $5,000
154
Gustine
Improvement Location Start End Length
Priority
Score
Cost
Estimate
New Sidewalk Linden
Avenue
SR 33/140 Wallis Avenue 785 ft 21 $102,000
New Sidewalk Linden AvenueSR 33/140 Lucerne Avenue 998 ft 20 $129,700 New Sidewalk Linden
Avenue
Lucerne Avenue North Avenue 1,131 ft 13 $147,000
New Sidewalk Linden
Avenue
Bonta Avenue Sullivan Road 289 ft 6 $37,600
New Sidewalk Lucerne
Avenue
Jensen Road West Avenue 2,544 ft 20 $330,700
New Sidewalk Lucerne
Avenue
Jensen Road West Avenue 1,271 ft 15 $165,300
New Sidewalk Meredith
Avenue
Railroad Avenue Gustine
Elementary east
property line
407 ft 16 $52,900
New Sidewalk Meredith
Avenue
Grove Avenue Hunt Road 1,441 ft 11 $187,400
New Sidewalk Payne
Avenue
Meredith Avenue Start of existing
sidewalk on Payne
Avenue
137 ft 11 $17,800
Study Railroad
Avenue
North Avenue Sullivan Road 1.07 mi 13 Varies
New Sidewalk South
Avenue
4th Street East Avenue 1,296 ft 13 $168,400
Class IV
Bikeway
South
Avenue (SR
33/140)
Linden Avenue 4th Street 0.60 mi 18 $450,300
Sidewalk
Improvements
South
Avenue (SR
33/140)
Linden Avenue 4th Street 6,165 ft 23 $308,300
Study South of Via
Basilicata
Proposed Trail/
West City Limits
Lucerne Avenue 0.24 mi 5 Varies
Class IV
Bikeway
SR 33/140 6th Avenue Gustine High
School
0.56 mi 13 $416,900
New Sidewalk SR 33/140 North Avenue Carnation Road 3,012 ft 12 $391,500 Class I MultiUse PathSullivan Road Jensen Road Proposed Rail Trail 1.02 mi 16 $2,671,800 New Sidewalk Sycamore
Avenue
North Avenue Sycamore Cul- desac1,299 ft 18 $168,900
155
Gustine
Improvement Location Start End Length
Priority
Score
Cost
Estimate
New Sidewalk Sycamore
Avenue
SR 33/140 (South Ave) Sycamore Ave
(north cul-de- sac)
2,376 ft 13 $308,900
New Sidewalk Sycamore
Avenue
Meredith Avenue 697 Sycamore
Avenue
1,850 ft 11 $240,400
New Sidewalk Wallis
Avenue
Linden Avenue Laurel Avenue 810 ft 16 $105,300
New Sidewalk Wallis
Avenue
150' east of Payne Ave Railroad Avenue 1,508 ft 11 $196,000 New Sidewalk Wallis
Avenue
West Avenue Payne Avenue 209 ft 11 $27,100
Class III Bicycle
Boulevard
West
Avenue
North Avenue Sullivan Road 0.99 mi 13 $19,900
New Sidewalk West
Avenue
SR 33/140 (South Ave) 1,156 ft 11 $150,300
New Sidewalk West
Avenue
SR 33/140 (South Ave) Meredith Avenue 1,093 ft 11 $142,000 Improvement Location Cross Street
Priority
Score
Cost
Estimate
Crossing Improvement 1st Avenue 6th Street 8 $1,900
Curb Ramp Improvement 2nd Avenue 6th Street 15 $20,000
Curb Ramp Improvement 2nd Avenue 5th Street 15 $20,000
Crossing Improvement 3rd Avenue 5th Street 15 $9,200
Curb Ramp Improvement 3rd Avenue Alley between 5th and 6th Streets 13 $20,000 Curb Ramp Improvement 4th Avenue Alley between 5th and 6th Streets 8 $20,000 Curb Ramp Improvement 4th Avenue Alley between 4th and 5th Streets 8 $20,000 Curb Ramp Improvement 5th Avenue Alley between 5th and 4th Streets 8 $20,000 Crossing Improvement 6th Street North Avenue 10 $3,300
Crossing Improvement 6th Street SR 33/140 8 $22,300
Crossing Improvement 8th Street SR 33/140 8 $22,300
Crossing Improvement East Avenue E Wallis Avenue 13 $2,300 Crossing Improvement East Avenue Fairview Avenue 8 $4,600 Crossing Improvement Hunt Road Sullivan Road 10 $54,600 Crossing Improvement Hunt Road Railroad tracks 8 Varies Crossing Improvement Jensen Road North Avenue 5 $2,300
Crossing Improvement Lucerne Avenue West Avenue 15 $3,000,000 Spot Improvement Projects
156
Gustine
Spot Improvement Projects
Improvement Location Cross Street
Priority
Score
Cost
Estimate
Crossing Improvement Lucerne Avenue Laurel Avenue 8 $1,900 Crossing Improvement Meredith Avenue Linden Avenue 20 $9,200 Crossing Improvement Meredith Avenue Railroad Avenue 10 Varies Crossing Improvement Meredith Avenue West Avenue 8 $9,200 Crossing Improvement North Avenue 5th Street 10 $6,900
Crossing Improvement North Avenue Laurel Avenue 7 $22,300 Crossing Improvement North Avenue Sycamore Avenue 7 $22,300 Crossing Improvement North Avenue Linden Avenue 5 $4,600 Crossing Improvement South Avenue East Avenue 10 $4,600 Crossing Improvement South Avenue Railroad Avenue 5 $2,300 Study SR 33/140 Linden Avenue 18 $96,900
Crossing Improvement SR 33/140 Canal Trail Crossing 3 Varies Crossing Improvement SR 33/140 (4th St) 3rd Avenue 9 $16,100 Crossing Improvement SR 33/140 (4th St) 4th Avenue 5 $4,600 Crossing Improvement SR 33/140 (4th St) 5th Avenue 5 $54,600 Crossing Improvement SR 33/140 (4th St) 2nd Avenue 5 $4,600 Crossing Improvement SR 33/140 (South Ave) 5th Street 10 $9,200 Crossing Improvement SR 33/140 (South Ave) Elm Avenue 18 $1,900 Crossing Improvement SR 33/140 (South Ave) Sycamore Avenue 13 $4,600 Crossing Improvement SR 33/140 (South Ave) Laurel Avenue 10 $9,200 Crossing Improvement SR 33/140 (South Ave) West Avenue 8 $96,900 Crossing Improvement Sullivan Road Middle School Entry 10 $52,300 Crossing Improvement Sullivan Road Grove Avenue 10 $2,300 Crossing Improvement Sullivan Road Linden Avenue 5 $2,300 Crossing Improvement Sullivan Road Laurel Avenue 5 $2,300 Crossing Improvement Sullivan Road West Avenue 5 $2,300 Crossing Improvement Via Jodi North Avenue 5 $2,300
Crossing Improvement Via Palermo Fentem Road (North Ave) 5 $22,300
157
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158
Livingston
Location From To
Facility
Type Length Priority
Cost
Estimate
7th St F St D St 3B 0.14 $30,000
7th St Peach Ave Park St 3B 0.24 $50,000
B St Robin Ave Main St 2 0.98 $260,000
Briarwood Sr Montcliff Way F St 3B 0.23 $50,000
Campbell Dr Stefani Ave Hammatt Ave 1 0.68 $3,260,000
Campbell Dr Hammatt Ave New Trail 2 0.21 $60,000
Canal Trail Joseph Gallo Ct Main St 1 0.69 $3,310,000
Celia Dr N Main St Walnut Ave 3B 0.26 High $60,000
D St 7th St Prusso St 3B 0.44 $90,000
Dwight Way Walnut Ave Trigger Ln 1 0.28 $1,330,000
Emerald Dr / Arena CanalMontcliff Way Peach Ave 1 0.37 $1,790,000 F St Prusso St Robin Ave 2 0.81 $220,000
F St Hammat Ave Prusso St 3 0.70 High $90,000
Hammatt Ave Peach Ave Park St 3 0.24 High $30,000
Hammatt Ave Olive Ave Walnut Ave 2B 0.50 $210,000
Hammatt Ave Park St Walnut Ave 2 0.78 $210,000
I St Main St Amarone Way 3B 0.28 $60,000
Joseph Gallo Ct Winton Parkway Canal Trail 2 0.26 $70,000 Main St Peach Ave D St 2 0.64 High $170,000
Main St Court St D St 3B 0.24 $50,000
Main St Court St Olive Ave 2B 0.71 High $300,000
Montcliff Way Montelena Ave Winton Pkwy 3B 0.28 $60,000 Montelena Ave Amarone Way Latour Way 3B 0.16 $40,000
Olive Ave Main St Ohki St 2B 0.40 $170,000
Park St Hammatt Ave Main St 3B 0.51 High $110,000
Peach Ave Dwight Way Main St 2 1.00 High $270,000
Peach Ave Main St Robin Ave 3 1.01 High $130,000
Prusso St F St B St 3B 0.26 $60,000
Ravenswood Dr /
Arena Canal
Briarwood Dr F St 1 0.37 $1,760,000
Trigger Ave Campbell Dr Dwight Way 1 0.21 $1,030,000
Walnut Ave 365 ft east of
Sycamore St
Stefani Ave 2B 1.01 High $420,000
Winton Pkwy Campbell Blvd Peach Ave 2B 1.27 $530,000
159
Livingston
Spot Improvement Projects
Location Cross Street Project Type Cost Estimate
Celia Dr Hickory Ave Install RRFB $130,000
Celia Dr 230ft SE of Lucero Park Traffic Calming $250,000 F St Hilltop Ave Crossing Enhancement $130,000
Livingston Cressey Rd Celia Dr Crossing Enhancement $130,000 Main St I St Install RRFB $250,000
Main St 300ft N of Peach Ave Crossing Enhancement $130,000 N Main St Campbell Blvd Crossing Enhancement $250,000
N Main St Railroad Tracks Crossing Enhancement $550,000 Park St 5th St Intersection Upgrades $130,000
Park St 7th St Intersection Upgrades $250,000
Peach Ave 7th St Crossing Enhancement $250,000
160
Los Banos
Location From To
Facility
Type Length Priority
Cost
Estimate
11th St Pioneer Rd Pachecho Blvd 3B 1.03 $210,000
7th St Madison Ave Willmott Ave 4 1.20 High $590,000
B St Ward Rd 7th St 4 1.35 High $660,000
Badger Flat Rd Prarie Springs Dr Cardoza Rd 3B 0.28 $60,000 Cabernet St Overland Ave Vineyard Dr 3B 0.61 $130,000
Carrdoza Rd Fir Dr Ortigalita Rd 2 0.35 $100,000
Center Ave Madison Ave Cardoza Rd 4 0.25 $130,000
Colorado Ave J St H St 4 0.57 $280,000
Fourth St I St F St 2B 0.08 $40,000
H St Pachecho Blvd Ingomar Grade 4 2.54 High $1,230,000 I St 4th St Cardoza Rd 4 1.63 High $800,000
Madison Ave Center Ave Seventh St 3B 0.36 $80,000
Mercey Springs Rd Del Rio Dr Pacheco Blvd 1 2.16 High $10,360,000 Miller Lane Pacheco Blvd San Luis St 2B 0.33 $140,000
Nantes Ave Overland Ave Capri Ave 2B 0.73 $310,000
Ortigalita Rd Sandra St Pachecho Blvd 4 0.72 $350,000
Overland Ave Okace Rd Johnson Rd 4 1.92 High $930,000
Overland Ave Place Rd Ward Rd 2 0.49 $130,000
Pacheco Blvd Ward Rd Merced College 4 4.22 High $2,050,000 Page Trail Mercey Springs Rd Page St/S 11th St 1 0.23 $1,130,000 Pioneer Rd New West Connector Ward Rd 1 3.75 $18,020,000 Place Rd Mission Dr B St 3B 0.30 $60,000
Rail Trail Ward St 2nd St 1 2.22 High $10,650,000
San Luis St Pachecho Blvd Mercey Springs Rd 4 1.90 High $930,000 Second St H St Willmott Ave 3B 0.37 $80,000
Snow Goose Dr Fallbrook Dr Ward Rd 3B 0.43 $90,000
Stonewood Dr Willmott Ave Woodbridge St 4 0.88 $430,000 Vineyard Dr Nantes Ave Stonewood Dr 4 0.53 $260,000
Ward Rd Pachecho Blvd Snow Goose Dr 4 0.67 High $330,000 Willmott Ave Johnson Rd Las Palmas St 4 1.80 High $880,000 Wisteria Ave B St Willmott Ave 3B 0.15 $30,000
161
Los Banos
Location Cross Street Project Type Cost Estimate
7th St J St Intersection Upgrades $250,000
7th St K St Intersection Upgrades $250,000
E Pachecho Blvd 7th St Intersection Upgrades $1,400,000 E Pachecho Blvd 9th St Crossing Enhancement $250,000
E Pachecho Blvd Mercey Springs Rd Intersection Upgrades $1,400,000 H St 6th St Intersection Upgrades $130,000
Miller Ln Canal Farm Ln Intersection Upgrades $550,000
Place Rd San Luis St Intersection Upgrades $130,000
W H St Johnson Rd Railroad Crossing $550,000
Spot Improvement Projects
162
City of Merced
Location From To
Facility
Type Length Priority
Cost
Estimate
26th St Glen Ave O St 3B 1.31 High $270,000
Ahwahnee Dr Cascade Creek Ave Joerg Ave 3B 0.18 $40,000 Bancroft Dr Barclay Way M Cir 4 0.17 $90,000
Barclay Way Portico Dr M St 4 0.66 $330,000
Bear Creek Trail N McKee Rd R St 1 2.53 $12,150,000
Bear Creek Trail S McKee Rd W 25th St 1 2.97 High $14,260,000 Bellevue Rd N Lake Rd M St 1 2.46 $11,830,000
Buena Vista Dr M St R St 2B 0.47 $200,000
Cardella Rd G St Freemark Ave 4 0.76 $380,000
Cascade Creek Ave Black Rascal Creek Ahwahnee Dr 3B 0.36 $80,000 Cassis Dr San Augustine Ave El Redondo Dr 3B 0.23 $50,000 Cottonwood Creek
Trail
Penn Ct / Cottonwood
Creek Trail
G St 1 1.18 $5,650,000
Creekview Dr Path N Lake Rd Creekview Dr 1 1.22 $5,860,000 Dominican Dr Cottonwood Creek Mercy Ave 4 0.18 $90,000
E 21st St Yosemite Pkwy Glen Ave 2 0.66 High $180,000
E 27th St McKee Rd Glen Ave 3B 0.88 $180,000
E Childs Ave Campus Pkwy Delong St 4 2.44 High $1,190,000 E Main St Glen Ave G St 2B 0.57 High $240,000
E Yosemite Ave Campus Pkwy G St 4 2.47 $1,200,000
El Redondo Dr W Yosemite Ave Avignon Dr 2 0.64 $170,000 El Redondo Dr
Path
Santa Fe Park / Fahrens
Creek Trail
W Yosemite Ave 1 0.93 $4,470,000
Fahrens Creek
Path
Cottonwood Creek Trail
/ Theresa Ct
Black Rascal
Creek Path
1 1.96 $9,420,000
G St Childs Ave Bellevue Rd 4 5.17 High $2,510,000
G St E Mission Ave E Childs Ave 2 1.07 $280,000
G St W Cardella Rd Mercy Ave 1 0.54 $2,600,000
Glen Ave Bear Creek Trail E Main St 2B 0.91 High $380,000 Grogan Ave West Ave MacReady Dr 4 0.45 $230,000
Horizons Ave Horizons Ave End Pacific Dr 2B 0.40 $170,000 Joerg Ave Ahwahnee Dr E Yosemite Ave 3B 0.15 $30,000
Lehigh Dr Cottonwood Creek Trail M St 2 0.38 $100,000
M St Childs Ave Bellevue Rd 4 5.27 High $2,560,000
Mandeville Ln Barclay Way M Cir 4 0.17 $90,000
Mansionette Dr Mercy Ave E Yosemite Ave 4 0.44 $220,000 MLK Jr. Blvd Main St 24th St 3B 0.50 $100,000
163
City of Merced
Location From To
Facility
Type Length Priority Cost Estimate
McKee Rd E 27th St E Yosemite Ave 4 2.05 $1,000,000
Mercy Ave Mansionette Dr G St 3B 0.27 $60,000
Mission Ave SR-59 S Coffee St 2B 3.01 $1,260,000
Motel Dr Almond Ave Glen Ave 4 0.41 High $200,000
N Parsons Ave Yosemite Ave E 27th St 4 1.92 $940,000
O St 26th St 8th St 4 1.39 High $680,000
Olive Ave Campus Pkwy R St 4 4.52 High $2,200,000
Orion Dr Twilight Ave Horizons Ave 3B 0.10 $20,000
Orion Dr Path R St Twilight Ave 1 0.19 $930,000
Pacific Dr San Augustine Ave Horizons Ave 2 0.69 $180,000 R St W Childs Ave W Yosemite Ave 4 3.23 High $1,570,000 Rascal Bike Path McKee Rd Snelling Hwy 1 4.20 High $20,150,000 S Parsons Ave S Coffee St Yosemite Pkwy 4 1.95 High $950,000 San Augustine Ave Cassis Dr W Yosemite Ave 2B 0.59 $250,000 San Jose Ave Lehigh Dr W Yosemite Ave 2B 0.55 $230,000
Sullivan Bike Path Snelling Hwy Devonwood Dr 1 0.71 $3,390,000 Tyler Rd E Mission Ave E Childs Ave 1 1.01 $4,870,000
V St W 24th St W Main St 3B 0.52 $110,000
V St W Main St SR-140 2B 0.33 High $140,000
W 11th St D St X St 3B 1.82 High $370,000
W 13th St B St R St 3B 1.45 High $300,000
W 16th St G St V St 2 1.37 High $360,000
W 18th St G St V St 2B 1.37 High $570,000
W 21st St Glen Ave R St 3B 1.58 High $320,000
W 8th St MLK Jr Way West Ave 3B 1.20 High $250,000
W Childs Ave De Long St N West Ave 2B 2.10 High $880,000 W Main St G St O St 3B 0.73 High $150,000
W Yosemite Ave G St San Augustine Ave 2B 1.66 High $690,000 West Ave W Childs Ave W 11th St 2B 0.94 High $400,000
Spot
Improvement
Projects
Location Cross Street Project Type Cost Estimate
Heritage Dr West Ave Install RRFB $130,000
Parsons Ave Bear Creek New Bike/Ped Bridge $15,000,000
W 7th St West Ave Intersection Redesign $250,000
W Childs Ave Reyes Elementary School New Crossing $130,000 W Lopes Ave West Ave Install RRFB $130,000
164
Unincorporated County
Community Location From To
Facility
Type Length Priority
Cost
Estimate
County/
Atwater/
Merced
Santa Fe Dr City of Atwater City of Merced 1 4.00 High $19,230,000 Cressey 3rd St Cressey St Crocker Ave 1 0.07 $360,000
Cressey Cressey St Cressey Way 3rd St 1 0.09 $460,000
Cressey Cressey Way Crocker Ave Cressey St 1 0.10 $470,000 Cressey Crocker Ave 3rd St Cressey Way 1 0.15 $730,000
Delhi 5th St El Capitan Way Sierra St 1 0.50 High $2,420,000 Delhi El Capitan Way Palm St Stephens St 2 0.66 High $180,000 Delhi Merced Ave August Ave Schendel Ave 0 0.23 High $260,000 Delhi Oslo Rd Letteau Ave Merced Ave 1 0.66 High $3,170,000 Delhi Schendel Ave Stephens St Merced Ave 4 1.14 High $560,000 Delhi Stephens St Johnson St El Capitan Way 2 0.60 High $160,000 Delhi Vincent Rd El Capitan Way Shanks Rd 3B 0.33 High $70,000 Hilmar Geer Ave Lander Ave Scholar Way 1 0.49 $2,360,000 Hilmar Lander Ave Lateral
Number 7
Geer Ave 1 0.38 $1,830,000
Le Grand Brice St Brice St Cook St 3B 0.12 High $30,000 Le Grand Jefferson St Washington St Le Grand Rd 1 0.15 High $750,000 Le Grand S Cook St E Brice St Le Grand Rd 3B 0.14 High $30,000 Le Grand S McKee St Jefferson St 1 0.04 High $180,000
Planada Broderick Ave Fremont St Santa Fe Dr 3B 0.21 $50,000 Planada Fremont St Stanford Ave Broderick Ave 3B 0.17 $40,000 Planada Plainsburg Rd Santa Fe Dr Gerard Ave 4 0.84 High $410,000 Planada Santa Fe Dr Broderick Ave Stanford Ave 3B 0.34 $70,000 Planada Stanford Ave Fremont St Santa Fe Dr 3B 0.37 $80,000 Santa Nella SR-33 I-5 Centinella Ave 0 0.71 High $780,000 Santa Nella W Comet Rd S Jupiter St Neptune St 0 0.47 $520,000 South Dos
Palos
6th St K St P St 3B 0.39 High $80,000
South Dos
Palos
7th Santa Fe Grade L St 3B 0.08 High $20,000
South Dos
Palos
7th St Santa Fe Grade N St 1 0.09 High $430,000
South Dos
Palos
7th St N St W Rice Drain 3B 0.18 $40,000
165
Unincorporated County
Community Location From To
Facility
Type Length Priority
Cost
Estimate
South Dos
Palos
Adobe St L St Santa Fe Grade 3B 0.08 $20,000
South Dos
Palos
Christian Ave SR-33 Lexington Ave 2 1.01 $270,000
South Dos
Palos
L St 7th St Adobe St 3B 0.36 $80,000
South Dos
Palos
Lexington Ave Christian Ave Santa Fe Grade 2 0.68 $180,000 South Dos
Palos
N St 7th St 6th St 2 0.09 $30,000
South Dos
Palos
P St 6th St 7th St 3B 0.10 $30,000
South Dos
Palos
Santa Fe Grade Adobe St 7th St 3B 0.36 High $80,000
Winton Winton Way Atwater City
Limits
Olive Ave 4 2.00 High $970,000
Spot Improvement Projects
Community Location Cross Street Project Type Cost Estimate Delhi Stephen St El Capitan Way Intersection Upgrades $250,000 Delhi Stephen St King St Intersection Upgrades $250,000 Delhi Stephen St Schendel Ave Intersection Upgrades $250,000 Planada E Childs Ave Freemont St Crossing Enhancement $250,000 Planada E Childs Ave Hupp St Crossing Enhancement $250,000 Santa Nella SR-33 Comet St New Crossing $550,000
Winton N Winton Way Almond Ave Crossing Enhancement $550,000 Winton N Winton Way Myrtle Ave Crossing Enhancement $250,000 Winton N Winton Way Olive Ave Crossing Enhancement $250,000 Winton N Winton Way Santa Fe Dr Crossing Enhancement $1,950,000 Winton N Winton Way W Walnut Ave Crossing Enhancement $250,000
166
E
167
Appendix E
Sample Resolution
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF [CITY NAME] APPROVING THE MERCED REGIONAL
ACTIVE TRANSPORTATION PLAN
WHEREAS, the Merced Regional Active Transportation Plan complies with the California Transportation Commission 2025 Active Transportation Program Guidelines; and WHEREAS, the Merced Regional Active Transportation Plan is in compliance with the 2022 Merced County Association of Governments Regional Transportation Plan and Sustainable Communities Strategy; and WHEREAS, the Merced Regional Active Transportation Plan is an implementation tool to the [City Name] General Plan Circulation Element; and
WHEREAS, the Merced Regional Active Transportation Plan promotes walking and biking for transportation and recreation by all members of the community by creating a connected and complete network of trails, walkways, and bikeways that provides safe, convenient, and enjoyable connections to key destinations and neighborhoods in [City Name]; and
WHEREAS, the Merced Regional Active Transportation Plan promotes pedestrian and bicyclist safety and collision reduction; and
WHEREAS, the Merced Regional Active Transportation Plan will improve the accessibility of funding for pedestrian and bicycle related-related improvements in [City Name]; and WHEREAS, approval of the Merced Regional Active Transportation Plan meets eligibility requirements for Active Transportation Program funding.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of [City Name] hereby approves the Merced Regional Active Transportation Plan.
168
F
169
Appendix F
ATP Checklist
Page numbers that correspond to the
appropriate Caltrans Active Transportation Plan
Checklist items are provided in this appendix.
170
Checklist Item Description Page
A Mode Share The estimated number of existing bicycle trips and pedestrian trips in the plan area, both in absolute numbers and as a percentage of all trips, and the estimated increase in the number of bicycle trips and pedestrian trips resulting from the implementation of the plan.
31 B Description
of Land Uses/
Destinations
A map and description of existing and proposed land use and settlement patterns which must include, but not be limited to, locations of residential neighborhoods, schools, shopping centers, public buildings, major employment centers, major transit hubs, and other destinations. Major transit hubs must include, but are not limited to, rail and transit terminals and ferry docks and landings.
Existing: 17
(Appendix A),
88-102
Proposed:
88-102
C Pedestrian
Facilities
A map and description of existing and proposed pedestrian facilities, including those at major transit hubs and those that serve public and private schools.
Existing: 25
Proposed:
88-107
D Bicycle Facilities A map and description of existing and proposed bicycle transportation facilities, including those at major transit hubs and those that serve public and private schools.
Existing: 18-
24 Proposed:
88-107
E Bicycle Parking A map and description of existing and proposed end-of-trip bicycle parking facilities. Include a description of existing and proposed policies related to bicycle parking in public locations, private parking garages and parking lots, and in new commercial and residential developments. Also, include a map and description of existing and proposed bicycle
transport and parking facilities for connections with and use of other transportation modes. These must include, but not be limited to, bicycle parking facilities at transit stops, rail and transit terminals, ferry docks and landings, park and ride lots, and provisions for transporting bicyclists and bicycles on transit or rail vehicles or ferry vessels.
Existing: 18
Proposed:
64, 121
F Wayfinding A description of existing and proposed signage providing wayfinding along bicycle and pedestrian networks to
designated destinations.
Existing: 26
Proposed:
75, 120
G NonInfrastructureA description of existing and proposed bicycle and pedestrian education and encouragement programs conducted in the
area included within the plan.
76-78
H Collision Analysis The number and location of collisions, serious injuries, and fatalities suffered by bicyclists and pedestrians in the plan area, both in absolute numbers and as a percentage of all collisions and injuries, and a goal for collision, serious injury, and fatality reduction after implementation of the plan 35-37
171
Checklist Item Description Page
I Equity Analysis Identify census tracts that are considered disadvantaged or low income and identify bicycle and pedestrian needs of those disadvantaged or lowincome residents, including lack of connectivity to key destinations, mobility challenges, public health concerns, and safety issues.
42-49
J Community
Engagement
A description of the extent of community involvement in the development of the plan, including disadvantaged and underserved communities.
51-55
K Coordination A description of how the active transportation plan has been coordinated with neighboring jurisdictions, including school districts within the plan area, and is consistent with other local or regional transportation, air quality, housing, or energy conservation plans, including, but not limited to, general plans and a Sustainable Community Strategy in a Regional Transportation Plan, and local or regional housing plans or process improvements that are adopted or in development. 14-15, 51-54
L Prioritization A description of the projects and programs proposed in the plan and a listing of their priorities for implementation, including the methodology for project prioritization and a proposed timeline for implementation.
86-87,
Appendix C
M Funding A description of future financial needs for projects and programs that improve safety and convenience for bicyclists and pedestrians in the plan area. Include anticipated cost, revenue sources, and potential funding for bicycle and
pedestrian uses.
110-111,
Appendix D
N Implementation A description of steps necessary to implement the plan and the reporting process that will be used to keep the adopting agency and community informed of the progress being made in implementing the plan.
113-121
O Maintenance A description of the policies and procedures for maintaining existing and proposed bicycle and pedestrian facilities, including, but not limited to, the maintenance of smooth pavement, ADA level surfaces, freedom from encroaching
vegetation, maintenance of traffic control devices including striping and other pavement markings, and lighting.
60-61
P Resolution A resolution showing the adoption of the plan by the city, county, or district. If the active transportation plan was prepared by a county transportation commission, regional transportation planning agency, MPO, school district, or transit district, the plan should indicate the support via resolution of the city(s) or county(s) in which the proposed facilities would be located.
Appendix E
STAFF REPORT
AGENDA ITEM: Authorizing and Approving the purchase and installation of Police Emergency Equipment for a 2025 Ford Police Interceptor Utility HEV MEETING DATE: September 16, 2025
PREPARED BY: John Ramirez, Interim Chief of Police
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving the purchase and installation of police emergency equipment for the newly acquired 2025 Ford Police Interceptor Utility HEV BACKGROUND AND DISCUSSION:
The City of Livingston’s police department recently purchased a 2025 Ford Police Interceptor Utility HEV to add to its patrol and operations fleet. In order to place this vehicle into full operation service, it must be outfitted with required emergency and law enforcement equipment, including.
• Lightbar and emergency lighting package
• Siren and public address system
• Radio and communications equipment
• Vehicle storage and weapons rack
• In-car video system (already purchased prior)
• Computer mount and console equipment
• Associated wiring and installation hardware
These items are necessary to ensure the vehicle meets operational standards and provides officer safety, public safety, and compliance with state and federal law enforcement guidelines. These items must also be installed by professionals who specialize in emergency equipment handling and installation.
The Department seeks to purchase materials and labor from Dana Safety Supply Inc. Dana Safety Supply Inc provided the most cost-effective complete package. Their total bid came to $14,028.07, which includes both equipment and installation.
In Comparison;
• Steele Public Safety Systems submitted only an installation quote of $6,400.00, which excluded equipment. This would have required our department to research, locate, and purchase equipment separately, resulting in higher overall costs and additional administrative work.
• Telepath Mission Critical Solutions submitted a complete quote of $18,641.53 for equipment and installation, significantly higher than Dana Safety Supply.
• Cook’s Communications declined to submit a quote, citing higher pricing than other providers due to specifications sent.
Based on responsiveness, completeness of services offered, and lowest overall cost, Dana Safety Supply, Inc represents the best value and most efficient solution for our department’s needs.
The emergency equipment for this vehicle will cost Eight Thousand Seven Hundred and NinetySix Dollars and Thirteen Cents ($8,796.13) and the professional equipment installation for this vehicle will cost Five Thousand Two Hundred and Thirty-One Dollars and Ninety-Four cents ($5,231.94), for a total of $14,028.07.
FISCAL IMPACT:
$14,028.07 will be expended from the approved Fiscal Year 2025/2026 budget from the General Fund (1100-102-7410).
ATTACHMENTS:
1. Resolution
2. Emergency Equipment Quote
3. Emergency Equipment Installation quote
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING
THE PURCHASE AND INSTALLATION OF POLICE EMERGENCY EQUIPMENT FOR THE 2025 FORD POLICE INTERCEPTOR UTILITY HEV
WHEREAS, The City of Livingston Police Department requires fully equipped patrol vehicles to provide effective law enforcement services; and
WHEREAS, the City Council previously authorized the purchase of the 2025 Ford Police Interceptor Utility Hybrid Electric Vehicle (HEV); and
WHEREAS, funding in the amount of $14,028.07 is available in the Police Department’s 2025/2026 budget through salary savings; and
WHEREAS, after careful review of the proposals received for equipment and outfitting this vehicle, we have chosen Dana Safety Supply Inc. They had the most cost-effective complete package and represented the best value and most efficient solution for the department’s needs; and
WHEREAS, the Emergency Equipment (Safety Lighting/Communication) for this vehicle will be purchased from Dana Safety Supplies for an amount of Eight Thousand Seven Hundred and Ninety-Six Dollars and Thirteen Cents ($8,796.13); and
WHEREAS, the professional equipment installation for this vehicle will be purchased from Dana Safety Supplies for an amount of Five Thousand Two Hundred and Thirty-One Dollars and Ninety-Four cents ($5,231.94); and
WHEREAS, the total cost for this vehicle to be fully equipped with professional installation, will be an amount not to exceed Fourteen Thousand and Twenty-Eight Dollars and Seven Cents ($14,028.07).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:
Section 1. Directs the City Manager to approve the purchase and installation of the required police emergency equipment for the 2025 Ford Police Interceptor utility HEV in the amount of $14,028.07.
Section 2. Authorized the expenditure of $14,028.07 from the approved Fiscal Year 2025/2026 budget from the General Fund (1100-102-7410).
I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 16th day of September 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
Marc Tran, City Attorney
of the City of Livingston
SALES QUOTE
Livingston Police Department
John Ramirez
1146 C ST
LIVINGSTON CA 95334
UNITED STATES
Telepath Corporation
Shipping / Receiving Dept
1137 Cadillac Court
MILPITAS CA 95035
UNITED STATES
Tel: (510) 656-5600,(510) 656-2114
SQ-182073
Customer Contact Ship To
Account Terms Due Date Account Rep Schedule Date
Jiovanni Magana
Quotation PO # Reference Ship VIA Page Printed
SQ-182073 1
1005432 C.O.D
*182073*
9/4/2025
9/4/2025 9/4/2025
9/4/2025
9:05:16PM
UPS Ground Commercial
L Item Description Qty Price UM Discount Amount
1 This quote is for 1 2025 Ford Explorer
PIU Hybrid
*****************NOTE*******************
Customer to provide parts
x2 RADIO - REMOTE
x2 RADIO INSTALLATION KIT (POWER CABLES,
CONTROL HEAD
CABLES, BRACKETS)
Axxon system
2 3
EMPS1STS4RBW $219.00
SOI, MPWR FASCIA, 3", STM, BLK HSG,
RED/BLU/WHT
4 COMPONENT-ITEM 2 EA $438.00
5 ETSS100J 100 watt siren speaker with universal br 1 $221.20 EA $221.20 STI-CO ROOF-FT-NITI-M Flexi-Whip $62.20
Replacement Mast Only
Part Number: ROOF-FT-NITI-M
6 COMPONENT-ITEM 2 EA $124.40
a79C0SXMZ7 591033 $219.00
SOI, MPWR FASCIA, 4", QM, BLK HSG,
RED/BLU/AMB
7 COMPONENT-ITEM 2 EA $438.00
EMPS2QMS5RBA $228.00
SOI, MPWR FASCIA, 4", QM, BLK HSG,
RED/BLU/AMB
8 COMPONENT-ITEM 2 EA $456.00
9 ELUC3H010B BLUE LED 2 $70.65 EA $141.30
ENFWB01GKK $1,213.00
NFORCE INTERIOR LIGHTBAR
10 COMPONENT-ITEM 1 EA $1,213.00
ENFWB01PHK $568.20
NFORCE INTERIOR LIGHTBAR
11 COMPONENT-ITEM 1 EA $568.20
$3,600.10
Sub Total
QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
Please print your name:______________________________
Signature:_______________________ DATE:____________
;
~.
~ 1!~.RIOCA~!!: ---SINCE 1918 ---
l 137 Cadlllae CoWII
Milpiw, CA 9503.5
srn-656-5600 www .tolcpa.'thcorp.com
I
2-W A U\D' 0 Y TEM
I
ERRCS DAS SYSTEMS
PU.BU s· r TY
VElUCL,F. OUTI'fTTING
I
I
SALES QUOTE
Livingston Police Department
John Ramirez
1146 C ST
LIVINGSTON CA 95334
UNITED STATES
Telepath Corporation
Shipping / Receiving Dept
1137 Cadillac Court
MILPITAS CA 95035
UNITED STATES
Tel: (510) 656-5600,(510) 656-2114
SQ-182073
Customer Contact Ship To
Account Terms Due Date Account Rep Schedule Date
Jiovanni Magana
Quotation PO # Reference Ship VIA Page Printed
SQ-182073 2
1005432 C.O.D
*182073*
9/4/2025
9/4/2025 9/4/2025
9/4/2025
9:05:16PM
UPS Ground Commercial
L Item Description Qty Price UM Discount Amount
12 ENGSA5200RSP BLUEPRINT 500 SIREN REMOTE BTN 200W 1 $1,734.00 EA $1,734.00 ENGLMK013 $588.00
bluePRINT Link® Micro Kit, includes
Module and Vehicle Harness for Ford
Super Duty F-250-F-550, 2023-2024, Ford
F-150, 2024-2025 and Ford Police
Interceptor Utility (PIU) 2025
13 COMPONENT-ITEM 1 EA $588.00
PUVBBJ00 $160.00
External Breakout Box for Exterior
Lightbar LIN Communication (standard)
14 COMPONENT-ITEM 1 EA $160.00
7170-0734-01 2020+ Ford Police $921.00
Interceptor® Utility Low-Profile Console
Box with Cup Holder and Rear Armrest Kit
15 COMPONENT-ITEM 1 EA $921.00
SoundOff Signal 500 Series One Piece $28.00
Console System & Remote Head Unit
Faceplate 20033
16 COMPONENT-ITEM 1 EA $28.00
2" Rocker Switch and AUX 12v Power $36.00
Outlet Filler Panel 15082
17 COMPONENT-ITEM 1 EA $36.00
18 COMPONENT-ITEM 2 Inch Filler Panel 3130-0154 1 $11.00 EA $11.00 19 COMPONENT-ITEM 1/2 Inch Filler Panel 3130-0152 1 $11.00 EA $11.00 20 COMPONENT-ITEM ICOM IC-7100 Remote Head Faceplate 16440 2 $52.00 EA $104.00 Mongoose® – 9" Locking Slide Arm: VESA $458.00
75mm & Gamber-Johnson Hole Pattern
7160-0220
21 COMPONENT-ITEM 1 EA $458.00
Panasonic TOUGHBOOK® 33 Laptop Docking $1,870.00
Station, No RF
22 COMPONENT-ITEM 1 EA $1,870.00
Egis Mobile Electric 8025B, RT Fuse $46.59
Block, 6-Position, with Ground, LED
Indication & Clear Cover
23 COMPONENT-ITEM 1 EA $46.59
Casco 1010100392 Power Source 12VDC $4.27
Outlet Housing, 30A 11010
24 COMPONENT-ITEM 3 EA $12.81
$9,580.50
$5,980.40
Sub Total
Running
Sub Total
QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
Please print your name:______________________________
Signature:_______________________ DATE:____________
;
~.
~ 1!~.RIOCA~!!: ---SINCE 1918 ---
l 137 Cadlllae CoWII
Milpiw, CA 9503.5
srn-656-5600 www .tolcpa.'thcorp.com
I
2-W A U\D' 0 Y TEM
I
ERRCS DAS SYSTEMS
PU.BU s· r TY
VElUCL,F. OUTI'fTTING
I
I
SALES QUOTE
Livingston Police Department
John Ramirez
1146 C ST
LIVINGSTON CA 95334
UNITED STATES
Telepath Corporation
Shipping / Receiving Dept
1137 Cadillac Court
MILPITAS CA 95035
UNITED STATES
Tel: (510) 656-5600,(510) 656-2114
SQ-182073
Customer Contact Ship To
Account Terms Due Date Account Rep Schedule Date
Jiovanni Magana
Quotation PO # Reference Ship VIA Page Printed
SQ-182073 3
1005432 C.O.D
*182073*
9/4/2025
9/4/2025 9/4/2025
9/4/2025
9:05:16PM
UPS Ground Commercial
L Item Description Qty Price UM Discount Amount
Casco 1010100393 Power Source Cap for $2.73
Housing
25 COMPONENT-ITEM 3 EA $8.19
26 MMSU-1 Magnetic Mic Single Unit 2 $34.95 EA $69.90
D T-Rail Mount 2 Universal Locks #2 Key $524.00
Part# GK10342U
27 COMPONENT-ITEM 1 EA $524.00
28 COMPONENT-ITEM T-RAIL FREE STANDING GF1092ITU20 1 $247.20 EA $247.20 29 COMPONENT-ITEM Cargo Tray Single Deck Part# TK0249ITU20 1 $492.15 EA $492.15 Cargo Storage System – TFN – BSN Part # $1,259.00
TFO0292ITU20
30 COMPONENT-ITEM 1 EA $1,259.00
AFS Mounting Bracket, Ford Interceptor $225.00
Utility 2020 or Newer. Cargo Area
Mounting Plate, mounts behi
31 COMPONENT-ITEM 1 EA $225.00
32 COMPONENT-ITEM EGIS Thermal CB (4703-100B) 1 $22.40 EA $22.40 Egis Mobile Electric 8020B Emergency $3.50
Vehicle Label Set, 40 labels, for RT/ST
Fuse Blocks
33 COMPONENT-ITEM 1 EA $3.50
Egis 8026 RT Fuse Block 12 ATO/ATC $43.20
Circuits w/Ground,
34 COMPONENT-ITEM 1 EA $43.20
35 COMPONENT-ITEM COMPONENT ITEM 1 $156.20 EA $156.20
36 WIREHARNESS Relays, diodes, connectors, loom, etc 1 $350.00 EA $350.00 37 38 LaborInShop Labor charge for In Shop install/repair 1 $3,792.50 EA $3,792.50 39 SH Shipping 1 $650.80 EA $650.80
QUOTATIONS ARE VALID FOR 30 DAYS
A 20% RESTOCKING FEE WILL APPLY TO ALL RETURNED ITEMS
BDA's, DAS, UPS, AND CUSTOM SYSTEMS ARE NON-RETURNABLE
Please print your name:______________________________
Signature:_______________________ DATE:____________
Tax Details
CA-043.15 $1216.991
EXEMPT $0.000
$12,981.24
$1,216.99
$18,641.53
$18,641.53
$4,443.30
Taxable
Total Tax
Exempt
Total
Balance
;
~.
~ 1!~.RIOCA~!!: ---SINCE 1918 ---
l 137 Cadlllae CoWII
Milpiw, CA 9503.5
srn-656-5600 www .tolcpa.'thcorp.com
I
2-W A U\D' 0 Y TEM
I
ERRCS DAS SYSTEMS
PU.BU s· r TY
VElUCL,F. OUTI'fTTING
I
I
Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591033
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
1 1 N a79C0SXLC6 INFO 0.0000 0.00 591033
Customer Information
Warehouse: FRES
John Ramirez
Interim Chief of Police
Livingston Police Department
Office# 209-394-7916
[email protected]
1 1 N a79C0SXLCL INFO 0.0000 0.00 591033
2025 Ford Explorer PIU Hybrid
Warehouse: FRES
1 1 N a79C0SXLD1 INFO 0.0000 0.00 591033
FRONT END EQUIPMENT
Warehouse: FRES
2 2 Y a79C0SXLD2 EMPS1STS4RBW 110.0000 220.00 591033
SOI, MPWR FASCIA, 3", STM, BLK HSG, RED/BLU/WHT
Warehouse: FRES
mpower® 3" Grille Stud Mount Fascia Light for Grille Mount application, 18" hard wire w/ sync option, SAE Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 12 LED, Tricolor - Red/Blue/White
MOUNTED IN GRILL SLOTS
08/21/25
01:32:39 PM
Page No. 1
Print Time
Print Date
Printed By: Liam Cornell
Continued on Next Page
a79C0SXLD2 591033
I I I
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Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591033
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
1 1 Y a79C0SXMF8 ETSS100J 169.0000 169.00 591033
SOI 100J SERIES COMPOSITE SPEAKER
Warehouse: FRES
100J series composite speaker w/ universal bail brkt-100 watt
HIDE SPEAKER BEHIND GRILL
1 1 N a79C0SXMQY INFO 0.0000 0.00 591033
ROOF EQUIPMENT
Warehouse: FRES
2 2 Y a79C0SXMRE ROOF-FT-NITI 250.0000 500.00 591033
STICO 136-1000 MHz Sti-Co Public Safety Roof Mount Ant
Warehouse: FRES
1 1 N a79C0SXMYR INFO 0.0000 0.00 591033
REAR END EQUIPMENT
Warehouse: FRES
2 2 Y a79C0SXMZ7 EMPS2QMS5RBA 125.0000 250.00 591033
SOI, MPWR FASCIA, 4", QM, BLK HSG, RED/BLU/AMB
Warehouse: FRES
4" Fascia Light w/ Quick Mount, 18" hard wire w/ sync option, SAE Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 18 LED, Tricolor - Red/Blue/Amber
MOUNTED EITHER SIDE OF LICENCE PLATE
08/21/25
01:32:39 PM
Page No. 2
Print Time
Print Date
Printed By: Liam Cornell
Continued on Next Page
a79C0SXMZ7 591033
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Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591033
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
2 2 Y a79C0SXN3J EMPS2QMS5RBA 125.0000 250.00 591033
SOI, MPWR FASCIA, 4", QM, BLK HSG, RED/BLU/AMB
Warehouse: FRES
4" Fascia Light w/ Quick Mount, 18" hard wire w/ sync option, SAE Class 1 & CA Title 13, 9-32 Vdc, Black Housing, 18 LED, Tricolor - Red/Blue/Amber
MOUNTED UNDER REACH HATCH
VISIBLE WHEN OPEN
2 2 Y a79C0SXN7V ELUC3H010B 75.0000 150.00 591033
SOI UNIV UNDERCOVER LED INSERT, 5 WIRE BLUE
Warehouse: FRES
REAR REVERSE LIGHTS
ALTERNATE WITH OEM RED BRAKELIGHT
1 1 N a79C0SXNBC INFO 0.0000 0.00 591033
DRIVERS COMPARTMENT
Warehouse: FRES
1 1 Y a79C0SXNBS ENFWB01GKK 800.0000 800.00 591033
SOI, NFILB, FRNT, 6MOD, 2025 PIU, RBW/RBW
Warehouse: FRES
Ford Explorer/PI Utility (2025) Split Front
(DRV) |T18||T18||T18||T18||T18||T18| (PAS)
|RBW||RBW||RBW||RBW||RBW||RBW|
Accessories: PNFLBSPLT1
DSC w/ LIN Breakout Box (Included)
08/21/25
01:32:39 PM
Page No. 3
Print Time
Print Date
Printed By: Liam Cornell
Continued on Next Page
a79C0SXNBS 591033
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Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591033
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
1 1 Y a79C0SXNF9 ENFWB01PHK 800.0000 800.00 591033
SOI, NFILB, REAR, 6MOD, 2025 PIU, RBA/RBA
Warehouse: FRES
Ford Explorer/PI Utility (2025) Solid Rear
(DRV) |T18||T18||T18||T18||T18||T18| (PAS)
|RBA||RBA||RBA||RBA||RBA||RBA|
Accessories: PNFLBSPLT1
DSC w/ LIN Breakout Box (Included)
1 1 Y a79C0SXNJL ENGSA5200RSP 750.0000 750.00 591033
SOI, 500 SERIES PUSHBTN 200W CNTRL, DUAL TONE, +VOICE
Warehouse: FRES
bluePRINT® 500 Series Remote Control System with Button Control, 10-16v - 200 watt dual-tone
1 1 Y a79C0SXNMN ENGLMK013 310.0000 310.00 591033
SOI BP LINK KIT, SUPER DUTY, '24 F150, '25 PIU
Warehouse: FRES
1 1 Y a79C0SXNRE PUVBBJ00 90.0000 90.00 591033
SOI External Breakout Box for LIN COMM
Warehouse: FRES
08/21/25
01:32:39 PM
Page No. 4
Print Time
Print Date
Printed By: Liam Cornell
Continued on Next Page
a79C0SXNRE 591033
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Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591033
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
1 1 Y a79C0SXNXH 7170-0734-01 550.0000 550.00 591033
GJ, CONSOLE PKG, 2020-24 PIU, RMK TAB, 18"
Warehouse: FRES
NO ADDITIONAL MOUNTING HARDWARE NECESSARY, MOUNTS
DIRECTLY TO VEHICLE. INCLUDES THE 7160-1446 CONSOLE,
THE 7160-0846 INERNAL CUP HOLDER, & THE 7160-0429 REAR
MOUNTED ARMREST. PACKAGE INCLUDES THE FOLLOWING
EQUIPMENT BRACKETS ---
1)
1)
1)
AND WHATEVER OTHER FILLER PLATES NECESSARY TO COMPLETE
THE INSTALL.
************************************************************ ******
1 1 Y a79C0SXO4V 20033 0.0000 0.00 591033
GJ SOI 500 SERIES FACEPLATE
Warehouse: FRES
1 1 Y a79C0SXOBD 15082 0.0000 0.00 591033
GJ ROCKER SWITCH & CIGARETTE KNOCK-OUT PANEL
Warehouse: FRES
1 1 Y a79C0SXOGL 3130-0154 0.0000 0.00 591033
GJ 2 BLANK FILLER PANEL FOR MCS CONSOLE
Warehouse: FRES
08/21/25
01:32:39 PM
Page No. 5
Print Time
Print Date
Printed By: Liam Cornell
Continued on Next Page
a79C0SXOGL 591033
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Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591033
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
1 1 Y a79C0SXOKH 3130-0152 0.0000 0.00 591033 Delivery Info: FRES GJ MCS 1/2 BLANK FILLER PANEL
Warehouse: FRES
1 1 Y a79C0SXOP9 MISC 0.0000 0.00 591033
16440 ICOM IC-7100 Remote Head Faceplate
Warehouse: FRES
1 1 Y a79C0SXOPP 7160-0220 255.0000 255.00 591033 Delivery Info: FRES GJ MONGOOSE 9 LOCKING SLIDE ARM W/TILT SWIVEL
Warehouse: FRES
MOUNTS TO POST OR TO FLAT SURFACE (DASH, DOGHOUSE, OR
CONSOLE)
************************************************************ ***
1 1 Y a79C0SXOTL MISC 1,050.0000 1,050.00 591033
7160-0909-00 GJ PANASONIC CF-33 DOCKING STATION, NO RF
Warehouse: FRES
1 1 Y a79C0SXOU1 8025B 35.0000 35.00 591033 Delivery Info: FRES EGIS RT FUSE BLOCK 6 POS W/GROUND & LED IND., BULK
Warehouse: FRES
3 3 Y a79C0SXP0J WAYTEK-11010 7.5000 22.50 591033 Delivery Info: FRES
WAYTEK DC POWER PORT
Warehouse: FRES
08/21/25
01:32:39 PM
Page No. 6
Print Time
Print Date
Printed By: Liam Cornell
Continued on Next Page
a79C0SXP0J 591033
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Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591033
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
3 3 Y a79C0SXP8S WAYTEK-11011 2.5000 7.50 591033
WAYTEK DC POWER PORT CAP
Warehouse: FRES
2 2 Y a79C0SXPCP MMSU-1 35.0000 70.00 591033
MAGNETIC MIC SINGLE UNIT CONVERSION KIT
Warehouse: FRES
1 1 Y a79C0SXPD5 GK10342U 450.0000 450.00 591033
SMC DUAL VERT. RACK 2-XL UNIV LOCKS #2 KEY
Warehouse: FRES
"Dual T-Rail Mount2 Universal XLWith #2 Key Override"
1 1 Y a79C0SXPHH GF1092ITU20 230.0000 230.00 591033
SMC FREESTANDING GUNLOCK MOUNTING BASE - PIUT
Warehouse: FRES
1 1 N a79C0SXPOU INFO 0.0000 0.00 591033
Miscellaneous Electrical Equipment
Warehouse: FRES
1 1 Y a79C0SXPPQ TK0249ITU20 400.0000 400.00 591033
SMC CARGO TRAY SINGLE DECK, 20+ PIU
Warehouse: FRES
1 1 Y a79C0SXPVS TF0292ITU20 200.0000 200.00 591033
SMC CARGO BOX FREESTANDING KIT-2020+ PIUT
Warehouse: FRES
08/21/25
01:32:39 PM
Page No. 7
Print Time
Print Date
Printed By: Liam Cornell
Continued on Next Page
a79C0SXPVS 591033
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I I I
I I
I I
Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591033
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
1 1 Y a79C0SXQ2B MB-FPI003 155.0000 155.00 591033
AFS Electronics Mount Plate, Driver 1/4 Panel, 20+ Fo
Warehouse: FRES
1 1 Y a79C0SXQCA 4703-100B 32.0000 32.00 591033
Egis Circuit Breaker, Surface Mount, 100 Amp
Warehouse: FRES
1 1 Y a79C0SXQIT 8020-1034B 5.0000 5.00 591033
EGIS CUSTOM LABEL SET, CALIFORNIA SPEC
Warehouse: FRES
1 1 Y a79C0SXQQM 8026B 45.0000 45.00 591033
EGIS RT FUSE BLOCK 12-POS, W/ GROUND & LED INDICATION
Warehouse: FRES
1 1 Y a79C0SXR0L 6001-3001B 158.0000 158.00 591033
CE TH Series Time Delay Relay, 200 A
Warehouse: FRES
***TIMER SET TO 30 MINUTES***
1 1 N a79C0SXR6O INFO 0.0000 0.00 591033
CUSTOMER SUPPLIED EQUIPMENT
Warehouse: FRES
x2 RADIO - REMOTE
x2 RADIO INSTALLATION KIT (POWER CABLES, CONTROL HEAD
CABLES, BRACKETS)
08/21/25
01:32:39 PM
Page No. 8
Print Time
Print Date
Printed By: Liam Cornell
Continued on Next Page
a79C0SXR6O 591033
I I I
I I I
I I
I I
Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591033
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
Approved By:
Approve All Items & Quantities
Quote Good for 30 Days
08/21/25
01:32:39 PM
Page No. 1
Print Time
Print Date
Printed By: Liam Cornell
Order Total
7.875 % Sales Tax
Freight
Subtotal
8,796.13
642.13
200.00
7,954.00
a79C0SXR6O 591033
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I I I
I I
I I
□
Telephone: 800-847-8762
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
LIVINGSTON POLICE DEPARTMENT
1446 C St
Livingston, CA 95334
(For Pickup - FRES)
FRESNO WAREHOUSE
2550 S EAST AVE SUITE 120
FRESNO, CA 93706
Sales Quote
591036
Customer No. LIVINGPDCA
Sales Quote No.
Bill To Ship To
Contact:
Telephone: Telephone:
Contact:
209-394-7916
John Ramirez
Ship Via F.O.B. Customer PO Number Payment Method
UPS GROUND FREIGHT PPAY & ADD TO INVOICE NET30
Entered By Salesperson Ordered By Resale Number
Liam Cornell LIAM CORNELL John Ramirez
Order
Quantity
Extended
Price
Unit
Price Tax Item Number / Description
Approve
Quantity
Quote Date
08/21/25
E-mail: [email protected] E-mail:
1 1 N a79C0T2C1L INFO 0.0000 0.00 591036
INSTALL KIT + INSTALL FOR SQ#591033
Warehouse: FRES
1 1 Y a79C0T35Q5 INSTALL KIT 350.0000 350.00 591036
MISC INSTALLATION SUPPLIES I.E.
Warehouse: FRES
LOOM, WIRE, HARDWARE, CONNECTORS, ETC
************************************************
1 1 Y a79C0T3BFG INSTALL 4,500.0000 4,500.00 591036
DSS INSTALLATION OF EQUIPMENT
Warehouse: FRES
Approved By:
Approve All Items & Quantities
Quote Good for 30 Days
08/21/25
01:35:41 PM
Page No. 1
Print Time
Print Date
Printed By: Liam Cornell
Order Total
7.875 % Sales Tax
Freight
Subtotal
5,231.94
381.94
0.00 4,850.00
a79C0T3BFG 591036
I I I
I I I
I I
I I
□
9/8/25, 8:40 AM Fwd : Inv 8-2025 - John Ramirez - Outlook Steele Public Safety Systems
8546 Carmellia Ave
Dos Palos Ca 93620
Phone: 559-301-3455
[email protected]
/ 81LL TO
City Of Livingston:
Livingston Police Department
1446 C St
Livingston Ca 95334
DESCRIPTION
Unit: 2025 Explorer Slick Top
-Rear door window guard
-Rear cargo rack/ electrical storage box
-Mount siren speaker and bracket
-Livingston radio and antenna
-S/o radio and antenna
-Cradle Point/Antenna
-Axon fleet 3 camera system
-Whelen carbide light module
-Program whelen controllers/lights
-Push bumper and wire in lights
-Build harness to wire complete light systems
-Build/wire harness for sirens, deck and corner lights
-Wire in shut off timer
Total Hours 40 @ 160/hr
Thank you for your business!
Payment Due upon Receipt
Thank you
about:blank?windowld=SecondaryReadingPane3
INVOICE
I-
' INVOICEt DATE
8-2025 07/25/26
AMOUNT
6400.00
I TOTAL 6,400.00
3/3
STAFF REPORT
AGENDA ITEM: AUTHORIZING AND APPROVING THE POLICE PUBLIC ASSISTANT JOB DESCRIPTION. AUTHORIZE STAFF TO INITIATE THE
RECRUITMENT PROCESS TO FILL ONE (1) POSITION.
MEETING DATE: September 16, 2025
PREPARED BY: Arcelia Cruz, Human Resources Coordinator
REVIEWED BY: John Ramirez, Interim Police Chief
Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff is requesting the City Council authorize and approve the Police Public Assistant job description. Authorize staff to initiate the recruitment process to fill one (1) position.
BACKGROUND AND DISCUSSION:
The Police Department requested to add one (1) Police Public Assistant position to their department budget for the fiscal year 2025/2026. The additional position/headcount request was approved by Council on June 17, 2025.
In the process of reviewing our job description files, we have determined that no current job description exists for the Police Public Assistant position, and in order to move forward with the recruitment process in filling the vacancy, we will need to establish a job description. The City has completed the meet and confer process with the Union Representative and have mutually agreed/approved the attached job description.
The Police Public Assistant position will provide administrative support for the day-to-day operations of the department with a primary duty on serving the lobby window and providing customer support to the public in addition to performing the following duties:
• Assist citizens with filing reports, collecting fees, and providing general information to the public.
• Answer incoming phone calls to the Police Department and disseminate calls appropriately.
• Complete Livescan transaction requests for citizens and employees. • Process Department citations.
• Process vehicle releases for citizens in accordance with Department policies and procedures.
• Retrieve crime report information according to established Department policies and procedures for authorized personnel, other police agencies, citizens, etc. • Enter court dispositions in CAD/RMS system.
• Assist with records filing.
• General clerical office assistance.
• Assist vendors as they come into the lobby.
• Perform related duties as assigned.
• Assist with Community Outreach Events
FISCAL IMPACT:
No additional fiscal impact as the Police Public Assistant position was included in the adopted FY 2025/2026 budget.
ATTACHMENTS:
1. Resolution
2. Police Public Assistant job description
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING AND APPROVING THE POLICE PUBLIC ASSISTANT JOB DESCRIPTION. AUTHORIZE STAFF TO INITIATE THE RECRUITMENT PROCESS TO FILL ONE (1) POSITION.
WHEREAS, the Police Department requested to add one (1) Police Public Assistant position to their department budget for the fiscal year 2025/2026; and WHEREAS, there is no fiscal impact to Fiscal Year 2025-2026 budget because the City Council approved the additional position/headcount request on June 17, 2025; and WHEREAS, in the process of reviewing our job description files, we have determined that no current job description exist for the Police Public Assistant position; and WHEREAS, in order to move forward with the recruitment process a new job description has been established; and
WHEREAS, the City completed the meet and confer process with the Union Representative and have mutually agreed on the Police Public Assistant job description, attached hereto and marked “Exhibit A”; and
WHEREAS, Staff recommends the approval of the Police Public Assistant job description attached as Exhibit “A.”
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:
Section 1. Finds that the foregoing recitals are true and correct and incorporated by reference.
Section 2. Approves the job description for the Police Public Assistant, Exhibit “A.” Section 3. Authorizes staff to initiate the recruitment process to fill the position.
Section 4. Directs this resolution to become effective immediately.
I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 16th day of September 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
Marc Tran, City Attorney
Police Public Assistant Page 1 of 2
Job Description
Title: Police Public Assistant FLSA Status: Non-Exempt Created: 8/1/2025 Supervisor:
Communications/Records Manager
Supervises: N/A Revised:
Job Family: Police Services Bargaining Unit: Police Approved:
JOB SUMMARY:
Under the direction of the Communications/Records Manager, perform a variety of clerical/operational support involving filing, record keeping, typing, customer service and other regularly performed duties which support the function of a police office operation.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Perform a wide variety of clerical support duties for the Police Department including to provide customer assistance and perform receptionist duties; answer and screen telephone calls and use judgment as to situations requiring priority attention; take messages and collect information.
• Assist citizens with filing reports, collect fees and provide general information to the public. • Answer incoming phone calls to the police department and disseminate calls appropriately. • Completes Livescan transaction requests for citizens and employees. • Process department citations.
• Process vehicle releases for citizens in accordance with department policies and procedures. • Retrieves crime report information according to established department policies and procedures for authorized personnel, other police agencies, citizens, etc.
• Enter court dispositions in CAD/RMS system.
• Assist with records filing.
• General clerical office assistance.
• Assist vendors as they come into the lobby.
• Perform related duties as assigned.
• Assist with Community Outreach Events
• Will be assigned to the Police Dispatcher position as needed.
MINIMUM QUALIFICATIONS:
Knowledge of:
• Modern office principles, practices and techniques of customer service. • Organizational operations, policies and objectives.
• Methods, procedures and terminology used in clerical work. • Record-keeping and report preparation techniques.
• Telephone techniques and etiquette.
• Correct English usage, grammar, spelling, punctuation and vocabulary. • Oral and written communication skills.
• Applicable laws, codes, regulations, policies and procedures including law enforcement codes and government reporting regulations.
• Interpersonal skills using tact, patience and courtesy.
Police Public Assistant Page 2 of 2
• Operation of a computer and assigned software.
• Record retrieval and storage systems.
• Basic public relations techniques.
• Mathematic calculations.
Ability to:
• Exercise sound judgement when responding to inquiries and demands from the public. • Participate in the maintenance of records, logs and files related to assigned police department activities. • Perform a wide variety of clerical support duties as required in the assigned position. • Determine priorities, multi-task and provide support for a variety of processes and multiple individuals. • Handle sensitive information with discretion and maintain confidentiality. • Communicate effectively both orally and in writing.
• Interpret, apply and explain rules, regulations, policies and procedures related to police department operations. • Establish and maintain cooperative and effective working relationships with others. • Operate and use standard office equipment including computers and appliable software.. • Analyze situations accurately and adopt an effective course of action. • Answer telephones and greet the public courteously.
• Understand and follow oral and written instructions.
• Work independently with little direction.
• Plan and organize work.
• Add, subtract, multiply and divide with speed and accuracy. • Maintain regular attendance and adhere to prescribed work schedule to conduct job responsibilities. • Utilize appropriate safety procedures and practices for assigned duties.
Education and Experience:
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain knowledge and abilities would be:
• Graduation from high school or equivalent GED.
• One year of experience involving public contact or customer service.
Licenses, Certifications and other Requirements:
• Possession of a valid California driver's license is required. • Typing certificate of 40 words per minute.
WORKING CONDITIONS:
Work Environment:
• Indoor/Office environment.
• Fast-paced environment with changing priorities.
Physical Demands:
• Dexterity of hands and fingers to operate a computer keyboard. • Hearing and speaking to exchange information in person and on the telephone. • Sitting or standing for extended periods of time.
• Seeing to read a variety of materials.
• Bending at the waist, kneeling or crouching to file materials.
The information contained in this job description is for compliance with the Americans with Disabilities Act (A.D.A.) and is not an exhaustive list of the duties performed.
STAFF REPORT
AGENDA ITEM: Opting into National Opioid Settlement Agreement with Distributors of Opioids: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus and Authorizing the City Manager to Execute the Related Subdivision Participation and Release Forms, and Granting Authority to the City Manager to Execute and Enter into Future Agreements Related to the Nationwide Opioid Settlements MEETING DATE: September 16, 2025
PREPARED BY: City Attorney’s Office
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution (1) opting into the National Opioid Settlement Agreement with Opioid Distributors, Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus; (2) authorizing the City Manager to execute the related Subdivision Participation and Release Form; and (3) authorizing to the City Manager to enter into future agreements related to the Nationwide Opioid settlements.
BACKGROUND AND DISCUSSION:
In recent years various states, cities, and counties have sued opioids manufacturers and distributors for their role in the opioid addiction epidemic. Several high-profile, nationwide settlements have been reached between these government entities and the producers, manufacturers, and distributors of opioids. Under the terms of these settlements, the opioid defendants are paying billions of dollars to state and local governments, which the government entities must use to address the opioid addiction epidemic in their communities.
Now, government entities have reached a new settlement with Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus. The nine settlements total $1.2 billion and is expected to bring as much as $123 million dollars over the next 15 years to the State of California. Like prior opioid settlements, the settlements with Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus will resolve the legal claims of state and local governments.
Local governments that were not parties to the litigation, like the City of Livingston (“City”), may sign on to receive a share of the settlement proceeds. In doing so, not only will additional funds be directed toward Merced County (“County”), but the total amount of settlement funds available for California increases when the state hits higher percentages of city and county approval. The City of Livingston has not yet been allocated a percentage of the above amount, as settlement case managers are still gathering the necessary information. The funds will be disbursed over the next 15 years.
The City’s share of thesettlement proceeds aresent by default tothe County for a coordinated, Countywide remediation effort. However, the City may elect to directly receive the funds. Direct receipt would entail compliance with strict accounting and reporting requirements, including annual written reports regarding the use of funds, tracking of all deposits and expenditures, and state audits. The City does not currently offer opioid abatement services, such as the settlement requires.
Due to the costs of compliance, it is recommended the City participate in the settlement and allow its share to go to the County. If the City does choose to offer such services in the future, it may also choose to receive funds directly.
The City must opt into thePurdue Pharma/Sackler Family settlement bySeptember 30, 2025. For the remaining eight settlements, the City must opt in by October 8, 2025. Optingin requires the execution of a Subdivision Participation and Release Form, Attachments 2-10 to this Staff Report, which releases City claims against Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus. If the City takes no action its share of the funds will be allocated to the State of California as opposed to the County. Further, if local governments do not opt in, it will reduce the share of California as a whole.
Following opting in to the settlement, the existing California State Subdivision Agreement Regarding Distribution and Use of Settlement Funds (the “Intrastate Allocation Agreement”), executed in 2021 in conjunction with an opioid settlement, will most likely govern how the nine settlements proceeds are divided between the State, counties, and eligible cities and determine the City’s exact share of the settlement proceeds.
Use of Received Funds
Funds received from this settlement must be used for future opioid remediation or abatement. For instance, participating subdivisions may use funds for areas such as services to treat opioid use disorder; support people in treatment and recovery; connect people to care; address needs of criminal justice-involved persons; address the needs of pregnant or parenting women and their families, including babies with neonatal abstinence syndrome; prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids; prevent misuse of opioids; prevent overdose deaths and other harms; provide leadership, planning, and coordination of programs; provide training; and conduct research. See List of Opioid Remediation Uses, attached hereto as Attachment
11. In addition to these requirements, there is also a time limit on the spending of received funds. If funds are not expended or encumbered within five years of receipt and in accordance with the settlement agreement and the Intrastate Allocation Agreement, the funds are required to be transferred back to the State.
Management of Funds
Each county and city that receives payment of funds from the settlement must prepare written reports at least annually regarding the use of those funds until the funds are fully expended and for one year thereafter. Each county and city will need to track all deposits and expenditures. These reports will also include a certification that all funds received have been used in compliance with the Allocation Agreement. The California Department of Healthcare and Services (“DHCS”) may review these reports in order to determine compliance with the settlement agreements and the Intrastate Allocation Agreement.
If the DHCS determines that a participating subdivision’s use of abatement funds is inconsistent with the settlement agreement or Intrastate Allocation Agreement, the parties are required to meet and confer. If the meet and confer process does not provide a resolution, the DHCS may conduct an audit, which can lead to a court action if the matter is still not resolved after an audit.
Opting In
The City must opt into the Purdue Pharma/Sackler Family settlement by September 30, 2025 and the remaining eight settlements by October 8, 2025, which requires the City to release its claims against Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus by executing the Subdivision Participation and Release Forn. If the City takes no action, it will have opted out of the settlement, and its designated funds will flow to the State. The City would still have the
opportunity to bring its own action against Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus.
Full copies of the settlement agreements are available through the following links:
Alvogen: https://nationalopioidsettlement.com/wp-content/uploads/2025/07/Alvogen-_MSAFINAL.pdf Amneal: https://nationalopioidsettlement.com/wp-content/uploads/2025/07/Amneal-_MSAFINAL.pdf Apotex: https://nationalopioidsettlement.com/wp-content/uploads/2025/07/Apotex-_MSA-FINAL.pdf Hikma: https://nationalopioidsettlement.com/wp-content/uploads/2025/07/Hikma-_MSA-FINAL.pdf Indivior: https://nationalopioidsettlement.com/wp-content/uploads/2025/07/Indivior-_MSAFINAL.pdf Mylan: https://nationalopioidsettlement.com/wp-content/uploads/2025/07/Mylan-_MSA-FINAL.pdf Purdue Pharma/Sackler Family: https://nationalopioidsettlement.com/wpcontent/uploads/2025/06/7592-Govt-Entity-Direct-Shareholder-Settlement-Agreement-GESA.pdf Sun: https://nationalopioidsettlement.com/wp-content/uploads/2025/07/Sun-_MSA-FINAL.pdf Zydus: https://nationalopioidsettlement.com/wp-content/uploads/2025/07/Zydus-_MSA-FINAL.pdf To opt in to thes settlement, Council may approve the proposed resolution that is included in this staff report as Attachment 1. That resolution will authorize the City Manager to execute the Subdivision Participation and Release Forms, which releases claims against Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Opt into the settlement and elect to receive the payments directly (subject to the use and reporting requirements);
2. Opt into the settlement, but allow the County to receive the payments (City would not be responsible for any use/reporting requirements and the money would stay within the County);
3. Do not opt-into the settlements; or
4. Provide other direction to staff.
ADVANTAGES:
Approval of the settlement agreements will provide funding for training, programs, and interventions to avoid drug overdoses and addiction in the City.
DISADVANTAGES:
Approval of the settlements will increase reporting requirements for the City elects to retain the funding rather than allocate it to the County. However, should reporting requirements prove to be too onerous, the City may allocate its funding to the County to support its addiction programs.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item. Adopting the Resolution opting into the settlement is not a project subject to the California Environmental Quality Act (“CEQA”) because the adoption in itself has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Staff recommends that the City Council authorize the City Manager to act on its behalf to avoid missing the opportunity to join the settlement. Furthermore, staff recommends the City authorize the City Manager to act and opt into future settlement agreements related to the opioid litigation. Currently, a settlement with eight generic manufacturers is anticipated to need approval by the end of October. Granting the City Manager authorization to opt-in to further settlements will avoid the need to take the generic manufacturer and other future settlements to Council for approval.FISCAL IMPACT:
None.
ATTACHMENTS:
1. Resolution
2. Alvogen Subdivision Participation and Release Form
3. Amneal Subdivision Participation and Release Form
4. Apotex Subdivision Participation and Release Form
5. Hikma Subdivision Participation and Release Form
6. Indivior Subdivision Participation and Release Form
7. Mylan Subdivision Participation and Release Form
8. Purdue Pharma/Sackler Family Subdivision Participation and Release Form
9. Sun Subdivision Participation and Release Form
10. Zydus Subdivision Participation and Release Form
11. List of Opioid Remediation Uses
RESOLUTION NO. 2025- ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON OPTING INTO
NATIONAL OPIOID SETTLEMENT AGREEMENT WITH DISTRIBUTORS OF OPIOIDS (ALVOGEN, AMNEAL, APOTEX, HIKMA, INDIVIOR, MYLAN, PURDUE/SACKLER FAMILY, SYN, ZYDUS); AUTHORIZING THE CITY MANAGER TO EXECUTE THE RELATED SUBDIVISION PARTICIPATION AND RELEASE FORM; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND ENTER INTO FUTURE AGREEMENTS RELATED TO
NATIONWIDE OPIOID SETTLEMENTS
WHEREAS, earlier this year, proposed nationwide tentative settlements were reached multi-district litigations involving and Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus (collectively, “Defendants”); and WHEREAS, the United States is facing an ongoing public health crisis related to the use of opioids, resulting in the State of California and local governments spending billions of dollars each year to address the consequences of this crisis; and WHEREAS, since 2017 state and local governments in the United States have pursued litigation against the manufacturers, distributors, and retailers of opioid pharmaceuticals in an effort to hold these parties financially responsible for the impact of the opioid epidemic and the resources used to address the crisis; and
WHEREAS, such litigation has resulted in settlements between the manufacturers, distributors, and retailers of opioid products and state and local governments; and WHEREAS, new settlements between Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus and state and local governments (the “Settlements”) have been proposed; and
WHEREAS, under the terms of the Settlements, Defendants will provide funds over a 15-year period; and
WHEREAS, under the terms of Settlements, California state and local governments are scheduled to receive around $500 million, some of which will be distributed to cities and counties; and
WHEREAS, although the City is not a party to the litigation, it may opt into the Settlements by executing the Subdivision Participation and Release Forms and receive its benefits in exchange for releasing its claims against Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus; and WHEREAS, the more cities with populations greater than 10,000, such as the City, which opt into the Settlements the more funds their respective counties and states are to receive under the Settlement; and
WHEREAS, opting into the Settlements will allow the City to receive, or to transfer to Merced County (the “County”), funds from the Settlements, which can be used to treat opioid use disorder and for related purposes; and
WHEREAS, the City wishes to agree to the material terms of the proposed Settlements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
Section 1. APPROVAL OF PARTICIPATION IN NATIONAL OPIOID SETTLEMENTs. The City Council hereby:
a) Approves the Settlements with Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Purdue Pharma/Sackler Family, Sun, and Zydus on behalf of the City. b) Authorizes the City Manager to execute the related Subdivision Participation and Release Forms and any and all documents ancillary thereto including allocating the City’s funds to the County of Merced.
c) Grants the City Manager the authority to execute and enter into future agreements and any and all documents ancillary thereto, including allocation of funds to the County of Merced, related to the Nationwide Opioid Settlements.
Section 2. RATIFICATION OF ACTIONS. All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.
Section 3. SEVERABILITY CLAUSE. Should any section, clause, or provision of this Resolution be found invalid by a court of competent jurisdiction, that finding shall not affect the validity of the Resolution as a whole, or parts thereof, other than the part declared to be invalid.
Section 4. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Resolution and shall give notice of it if and as required by law.
Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.
I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 16th day of September 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
Marc Tran, City Attorney
of the City of Livingston
EXHIBITK
Subdivision Participation and Release Form
Governmental Entity: City of Livingston I State: California Authorized Signatory: Jose A. Ramirez
Address I: 1416 C Street
Address 2:
City, State, Zip: Livingston, CA, 95334
Phone: (209) 394-8041
Email: [email protected]
The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated April 4, 2025 ("Alvogen Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Alvogen Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Alvogen Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Alvogen Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/additional-settlements/.
3. The Governmental Entity agrees to the terms of the Alvogen Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Alvogen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Alvo gen Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental • Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Alvogen Settlement.
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The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Alvogen Settlement.
7. The Governmental Entity has the right to enforce the Alvo gen Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Alvogen Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Alvogen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Alvogen Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Alvogen Settlement.
10. In connection with the releases provided for in the Alvogen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her .settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would K-2
materially affect the Governmental Entities' decision to participate in the Alvogen Settlement.
11. Nothing herein is intended to modify in any way the terms of the Alvogen Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Alvogen Settlement in any respect, the Alvogen Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature:
Name: Jose A. Ramirez
Title: City Manager
Date: September 11, 2025
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EXHIBITK
Subdivision Participation and Release Form
Governmental Entity: City of Livingston \ State: California Authorized Signatory: Jose A. Ramirez
Address 1 : 1416 C Street
Address 2:
City, State, Zip: Livingston, CA, 95334
Phone: (209) 394-8041
Email:[email protected]
The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated April 4, 2025 ("Amneal Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Amneal Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Amneal Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Amneal Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https ://nationalopio idsettlement.com/additional-settl ements/.
3. The Governmental Entity agrees to the terms of the Amneal Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Amneal Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Amneal Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Amneal Settlement.
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The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Amneal Settlement.
7. The Governmental Entity has the right to enforce the Amneal Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Amneal Settlement, including without limitation all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Amneal Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Amneal Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Amneal Settlement.
10. In connection with the releases provided for in the Amneal Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would K-2
materially affect the Governmental Entities' decision to participate m the Amneal Settlement.
11. Nothing herein is intended to modify in any way the terms of the Amneal Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Amneal Settlement in any respect, the Amneal Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature:
Name: Jose A. Ramirez
Title: City Manager
Date: September 11, 2025
K-3
EXHIBITK
Subdivision Participation and Release Form
Governmental Entity: City of Livingston I State: California Authorized Signatory: Jose A. Ramirez
Address 1 : 1416 C Street
Address 2:
City, State, Zip: Livingston, CA, 95334
Phone: (209) 394-8041
Email:[email protected]
The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated April 4, 2025 ("Apotex Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Apotex Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Apotex Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Apotex Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/additional-settlements/.
3. The Governmental Entity agrees to the terms of the Apotex Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Apotex Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Apotex Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Apotex Settlement.
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The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Apotex Settlement.
7. The Governmental Entity has the right to enforce the Apotex Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releaser for all purposes in the Apotex Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Apotex Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Apotex Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Apotex Settlement.
I 0. In connection with the releases provided for in the Apotex Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasers do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Apotex Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Apotex Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Apotex Settlement in any respect, the Apotex Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature:
Name: Jose A. Ramirez
Title: City Manager
Date: September 11, 2025
K-3
EXHIBITK
Subdivision Participation and Release Form
Governmental Entity: City of Livingston I State: California Authorized Signatory: Jose A. Ramirez
Address I : 1416 C Street
Address 2:
City, State, Zip: Livingston, CA, 95334
Phone: (209) 394-8041
Email:[email protected]
The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated April 4, 2025 ("Hikma Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Hikma Settlement, release all Released Claims against all Released Entities, and agrees as follows.
I. The Governmental Entity is aware of and has reviewed the Hikma Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Hikma Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/additional-settlements/.
3. The Governmental Entity agrees to the terms of the Hikma Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Hikma Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Hikma Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Hikma Settlement.
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The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Hikma Settlement.
7. The Governmental Entity has the right to enforce the Hikma Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Hikma Settlement, including without limitation all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition ofReleasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Hikma Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Hikma Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Hikma Settlement.
I 0. In connection with the releases provided for in the Hikma Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Hikma Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Hikma Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Hikma Settlement in any respect, the Hikma Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature:
Name: Jose A. Ramirez
Title: City Manager
Date: September 11, 2025
K-3
EXHIBITK
Subdivision Participation and Release Form
Governmental Entity: City of Livingston I State: California Authorized Signatory: Jose A. Ramirez
Address I : 1416 C Street
Address 2:
City, State, Zip: Livingston, CA, 95334
Phone: (209) 394-8041
Email: [email protected]
The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated April 4, 2025 ("Jndivior Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Indivior Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Indivior Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Indivior Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/additional-settlements/.
3. The Governmental Entity agrees to the terms of the Indivior Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Indivior Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Indivior Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Indivior Settlement.
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The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Indivior Settlement.
7. The Governmental Entity has the right to enforce the Indivior Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Indivior Settlement, including without limitation all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Indivior Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Indivior Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Indivior Settlement.
I 0. In connection with the releases provided for in the Indivior Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would K-2
. ,
materially affect the Governmental Entities' decision to participate in the Indivior Settlement.
11. Nothing herein is intended to modify in any way the terms of the Indivior Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Indivior Settlement in any respect, the Indivior Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature:
Name: Jose A. Ramirez
Title: City Manager
Date: September 11, 2025
K-3
EXHIBITK
Subdivision Participation and Release Form
Governmental Entity: City of Livingston I State: California Authorized Signatory:Jose A. Ramirez
Address I: 1416 C Street
Address 2:
City, State, Zip: Livingston, CA, 95334
Phone: (209) 394-8041
Emai!:[email protected]
The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated April 4, 2025 ("Mylan Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Mylan Settlement, release all Released Claims against all Released Entities, and agrees as follows.
I. The Governmental Entity is aware of and has reviewed the Mylan Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Mylan Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https ://nationalopioidsettlement.com/ additional-settlements/.
3. The Governmental Entity agrees to the terms of the Mylan Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Mylan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Mylan Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Mylan Settlement.
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The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Mylan Settlement.
7. The Governmental Entity has the right to enforce the Mylan Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Mylan Settlement, including without limitation all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition ofReleasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Mylan Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Mylan Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Mylan Settlement.
10. In connection with the releases provided for in the Mylan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Mylan Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Mylan Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Mylan Settlement in any respect, the Mylan Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature:
Name: Jose A. Ramirez
Title: City Manager
Date: September 11, 2025
K-3
EXHIBITK
Subdivision Participation and Release Form
Governmental Entitv: City of Livingston State: California Authorized Official: Jose A. Ramirez
Address I: 1416 C Street
Address 2:
City, State, Zio: Livingston, CA, 95334
Phone: /'Jna\ rinA_QflA.-t
Email: josern>livinastonca.aov
The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to that certain Governmental Entity & Shareholder Direct Settlement Agreement accompanying this participation form (the "Agreement") 1
, and acting through the undersigned authorized official, hereby elects to participate in the Agreement, grant the releases set forth below, and agrees as follows.
I . The Governmental Entity is aware of and has reviewed the Agreement, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Agreement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly after the Effective Date, and prior to the filing of the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and Released Claims that it has filed. With respect to any Shareholder Released Claims and Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Agreement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning following the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Agreement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as and to the extent provided in, and for resolving disputes to the extent provided in, the 1 Capitalized terms used in this Exhibit K but not otherwise defined in this Exhibit K have the meanings given to them in the Agreement or, if not defined in the Agreement, the Master Settlement Agreement.
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Agreement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Agreement.
7. The Governmental Entity has the right to enforce the Agreement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Agreement, including without limitation all provisions of Article 10 (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Subdivision Releasor, to the maximum extent of its authority, for good and valuable consideration, the adequacy of which is hereby confirmed, the Shareholder Released Parties and Released Parties are, as of the Effective Date, hereby released and forever discharged by the Governmental Entity and its Subdivision Releasors from: any and all Causes of Action, including, without limitation, any Estate Cause of Action and any claims that the Governmental Entity or its Subdivision Releasors would have presently or in the future been legally entitled to assert in its own right (whether individually or collectively), notwithstanding section 1542 of the California Civil Code or any law of any jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be deemed waived), whether existing or hereinafter arising, in each case, (A) directly or indirectly based on, arising out of, or in any way relating to or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or any Estate is the legal cause or is otherwise a legally relevant factor (each such release, as it pertains to the Shareholder Released Parties, the "Shareholder Released Claims", and as it pertains to the Released Parties other than the Shareholder Released Parties, the "Released Claims"). For the avoidance of doubt and without limiting the foregoing: the Shareholder Released Claims and Released Claims include any Cause of Action that has been or may be asserted against any Shareholder Released Party or Released Party by the Governmental Entity or its Subdivision Releasors (whether or not such party has brought such action or proceeding) in any federal, state, or local action or proceeding (whether judicial, arbitral, or administrative) (A) directly or indirectly based on, arising out of, or in any way relating to or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or any Estate is the legal cause or is otherwise a legally relevant factor.
9. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Shareholder Released Claims or Released Claims against any Shareholder Released Party or Released Party in any forum whatsoever, subject in all respects to Section 9.02 of the Master Settlement Agreement. The releases provided for herein (including the term "Shareholder Released K-2
Claims" and "Released Claims") are intended by the Governmental Entity and its Subdivision Releasors to be broad and shall be interpreted so as to give the Shareholder Released Parties and Released Parties the broadest possible release of any liability relating in any way to Shareholder Released Claims and Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Agreement shall be a complete bar to any Shareholder Released Claim and Released Claims.
10. To the maximum extent of the Governmental Entity's power, the Shareholder Released Parties and the Released Parties are, as of the Effective Date, hereby released and discharged from any and all Shareholder Released Claims and Released Claims of the Subdivision Releasors.
11. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Agreement.
12. In connection with the releases provided for in the Agreement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Shareholder Released Claims or such other Claims released pursuant to this release, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Shareholder Released Claims or such other Claims released pursuant to this release that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Agreement.
13. Nothing herein is intended to modify in any way the terms of the Agreement, to which Governmental Entity hereby agrees. To the extent any portion of this Participation and Release Form not relating to the release of, or bar against, liability is interpreted differently from the Agreement in any respect, the Agreement controls.
14. Notwithstanding anything to the contrary herein or in the Agreement, (x) nothing herein shall (A) release any Excluded Claims or (B) be construed to impair in any way the rights and obligations of any Person under the Agreement; and (y) the Releases set forth herein shall be subject to being deemed void to the extent set forth in Section 9.02 of the Master Settlement Agreement.
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I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature:
Name: Jose A. Ramirez
Title: City Manager
Date: September 11, 2025
K-4
EXHIBITK
Subdivision Participation and Release Form
Governmental Entity: City of Livingston I State: California Authorized Official: Jose A. Ramirez
Address I: 1416 C Street
Address 2:
City, State, Zip: Livingston, CA, 95334
Phone: (209) 394-8041
Email: [email protected]
The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated April 4, 2025 ("Sun Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Sun Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Sun Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Sun Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https ://nationalopio idsettlement.com/ additional-settlements/.
3. The Governmental Entity agrees to the terms of the Sun Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Sun Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Sun Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Sun Settlement.
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The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Sun Settlement.
7. The Governmental Entity has the right to enforce the Sun Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Sun Settlement, including without limitation all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition ofReleasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Sun Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Sun Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Sun Settlement.
I 0. In connection with the releases provided for in the Sun Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Sun Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Sun Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Sun Settlement in any respect, the Sun Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature:
Name: Jose A. Ramirez
Title: City Manager
Date: September 11, 2025
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EXHIBITK
Subdivision Participation and Release Form
Governmental Entity: City of Livingston I State: California Authorized Official: Jose A. Ramirez
Address I: 1416 C Street
Address 2:
City, State, Zip: Livingston, CA, 95334
Phone: (209) 394-8041
Email: [email protected]
The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated [date] ("Zydus Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Zydus Settlement, release all Released Claims against all Released Entities, and agrees as follows.
I. The Governmental Entity is aware of and has reviewed the Zydus Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Zydus Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/additional-settlements/.
3. The Governmental Entity agrees to the terms of the Zydus Settlement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Zydus Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Zydus Settlement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Zydus Settlement.
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The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Zydus Settlement.
7. The Governmental Entity has the right to enforce the Zydus Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Zydus Settlement, including without limitation all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition ofReleasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Zydus Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Zydus Settlement shall be a complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Zydus Settlement.
10. In connection with the releases provided for in the Zydus Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Zydus Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Zydus Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Zydus Settlement in any respect, the Zydus Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature:
Name: Jose A. Ramirez
Title: City Manager
Date: September 11, 2025
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EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to that certain Governmental Entity & Shareholder Direct Settlement Agreement accompanying this participation form (the “Agreement”)1, and acting through the undersigned authorized official, hereby elects to participate in the Agreement, grant the releases set forth below, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Agreement, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Agreement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly after the Effective Date, and prior to the filing of the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and Released Claims that it has filed. With respect to any Shareholder Released Claims and Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Agreement pertaining to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning following the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Agreement solely for the purposes provided therein.
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as and to the extent provided in, and for resolving disputes to the extent provided in, the 1 Capitalized terms used in this Exhibit K but not otherwise defined in this Exhibit K have the meanings given to them in the Agreement or, if not defined in the Agreement, the Master Settlement Agreement.
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Agreement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Agreement.
7. The Governmental Entity has the right to enforce the Agreement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Agreement, including without limitation all provisions of Article 10 (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Subdivision Releasor, to the maximum extent of its authority, for good and valuable consideration, the adequacy of which is hereby confirmed, the Shareholder Released Parties and Released Parties are, as of the Effective Date, hereby released and forever discharged by the Governmental Entity and its Subdivision Releasors from: any and all Causes of Action, including, without limitation, any Estate Cause of Action and any claims that the Governmental Entity or its Subdivision Releasors would have presently or in the future been legally entitled to assert in its own right (whether individually or collectively), notwithstanding section 1542 of the California Civil Code or any law of any jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be deemed waived), whether existing or hereinafter arising, in each case, (A) directly or indirectly based on, arising out of, or in any way relating to or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or any Estate is the legal cause or is otherwise a legally relevant factor (each such release, as it pertains to the Shareholder Released Parties, the “Shareholder Released Claims”, and as it pertains to the Released Parties other than the Shareholder Released Parties, the “Released Claims”). For the avoidance of doubt and without limiting the foregoing: the Shareholder Released Claims and Released Claims include any Cause of Action that has been or may be asserted against any Shareholder Released Party or Released Party by the Governmental Entity or its Subdivision Releasors (whether or not such party has brought such action or proceeding) in any federal, state, or local action or proceeding (whether judicial, arbitral, or administrative) (A) directly or indirectly based on, arising out of, or in any way relating to or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or any Estate is the legal cause or is otherwise a legally relevant factor.
9. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Shareholder Released Claims or Released Claims against any Shareholder Released Party or Released Party in any forum whatsoever, subject in all respects to Section 9.02 of the Master Settlement Agreement. The releases provided for herein (including the term “Shareholder Released
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Claims” and “Released Claims”) are intended by the Governmental Entity and its Subdivision Releasors to be broad and shall be interpreted so as to give the Shareholder Released Parties and Released Parties the broadest possible release of any liability relating in any way to Shareholder Released Claims and Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Agreement shall be a complete bar to any Shareholder Released Claim and Released Claims.
10. To the maximum extent of the Governmental Entity’s power, the Shareholder Released Parties and the Released Parties are, as of the Effective Date, hereby released and discharged from any and all Shareholder Released Claims and Released Claims of the Subdivision Releasors.
11. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Agreement.
12. In connection with the releases provided for in the Agreement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Shareholder Released Claims or such other Claims released pursuant to this release, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Shareholder Released Claims or such other Claims released pursuant to this release that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Agreement.
13. Nothing herein is intended to modify in any way the terms of the Agreement, to which Governmental Entity hereby agrees. To the extent any portion of this Participation and Release Form not relating to the release of, or bar against, liability is interpreted differently from the Agreement in any respect, the Agreement controls.
14. Notwithstanding anything to the contrary herein or in the Agreement, (x) nothing herein shall (A) release any Excluded Claims or (B) be construed to impair in any way the rights and obligations of any Person under the Agreement; and (y) the Releases set forth herein shall be subject to being deemed void to the extent set forth in Section 9.02 of the Master Settlement Agreement.
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I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.
Signature: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
Settling States and Participating Subdivisions listed on Exhibit G may choose from among the abatement strategies listed in Schedule B. However, priority may be given to the following core abatement strategies (“Core Strategies”).1
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community support groups and families; and
2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT (“MAT”)
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.
C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with cooccurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and
3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infantneed dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery services;
3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and
5. Hire additional social workers or other behavioral health workers to facilitate expansions above.
F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from
misusing tobacco);
2. Funding for evidence-based prevention programs in schools;
3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the CDC guidelines, including providers at hospitals (academic
detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in prearrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidenceinformed programs or strategies that may include, but are not limited to, those that:2
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S.
Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.
7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.
8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.
9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.
13. Disseminate web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication–Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any cooccurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support
services and counseling, community navigators, case management, and connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any cooccurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any coPage 290 of 378 occurring SUD/MH conditions or to persons who have experienced an opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for treatment.
16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.
3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal justiceinvolved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who
could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.
5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any cooccurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including, but not limited to, parent skills training.
10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:
1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any cooccurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes
STAFF REPORT
AGENDA ITEM: Resolution of the City Council of the City of Livingston Ratifying Emergency Equipment Procurement and Emergency Repairs to Well 12; 1) Approve the Emergency Procurement of a New Well Motor and Emergency Service Call from Shannon Pump Co. in the Amount of $15,182.61; 2) Authorize the Finance Department to Make a Supplement Appropriation to the Water Enterprise Fund in the Amount of $15,182.61; 3) Authorize the City Manager to Execute All Required Documents
MEETING DATE: September 16, 2025
PREPARED BY: Anthony Chavarria, Public Works Director
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution ratifying emergency equipment procurement and emergency repairs to Well 12; 1) approve the emergency procurement of a new well motor and emergency service call from Shannon Pump Co. in the amount of $15,182.61; 2) authorize the Finance Department to make a supplement appropriation to the Water Enterprise Fund in the amount of $15,182.61; and 3) authorize the City Manager to execute all required documents.
BACKGROUND:
On Sunday, 08/10/2025 at approximately 6:55 a.m., a resident called 911 to report a fire at the high school well site (Well 12). The City of Livingston Fire Department responded to the scene and discovered the well motor was extremely hot, producing heavy smoke, and had a small active flame.
Livingston Police Department was also on scene and Public Works personnel were dispatched to assist. Upon their arrival, Public Works staff observed that the motor remained very hot and continued to emit smoke. Fire personnel assessed the situation, suppressed the fire and smoke hazards, cut the power to the water well motor, and allowed the motor to cool under their supervision.
After addressing the immediate safety concerns, staff contacted Shannon Pump Co., a local vendor known for rapid emergency response and efficient well repairs and notified their call center that an emergency diagnosis and repair were required as soon as possible. Shannon Pump installed a new motor for the water well. Key specifications and components involved in the installation include:
1. Motor Specifications:
• Horsepower (HP): 125 HP
• Type: Hollow Shaft
• Motor Frame: 405TP
• Serial Number (S/N): 9010418
2. Electrical Specifications:
• Voltage: 480 Volts
• RPM: 1780 (Revolutions
Per Minute)
• Running Amps: 130 Amps at 55 Hz
• Rated Amps: 142 Amps
• Frequency: Three Phase, 60 Hz
3. Additional Components:
• 250 MCM Splice Terminals
Well 12 has a production capacity of approximately 1.78 million gallons per day. The City relies on each of its 9 wells to meet system demand, making the prompt return of Well 12 to safe and reliable operation essential for maintaining an adequate water supply. The motor was taken in for evaluation to determine the cause of the overheating. Shannon Pump’s initial visual assessment suggests an overheated upper motor bearing may be the cause. They will provide an update once the internal inspection is complete.
DISCUSSION:
The Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000.
Section 1-11-6 of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is (A) of urgent necessity for the preservation of life, health or property, (B) waived by Council resolution passed by at least four affirmative votes; and/or (C) available from only one source. Sole source must be adequately justified.
Staff deemed this an emergency procurement scenario and of urgent necessity for the preservation of life, health, or property due to the high demand of water. With the motor of Well 12 out of service, it was imperative to procure and install a new motor promptly to ensure consistent water pressure and meet demand.
After bringing Well 12 back to operational condition, Shannon Pump Co. submitted an invoice to the City for all materials and labor totaling $15,182.61.
FISCAL IMPACT:
Authorize the Finance Department to make a supplemental appropriation to Fiscal Year 2025/2026 budget in the amount of $15,182.61 to the Water Enterprise Fund (2100-810-7445).
ATTACHMENTS:
1. Resolution No. 2025-__
2. Exhibit A Shannon Pump Co. Invoice
RESOLUTION NO. 2025-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON RATIFYING
EMERGENCY EQUIPMENT PROCUREMENT AND EMERGENCY REPAIRS TO WELL 12; 1) APPROVE THE EMERGENCY PROCUREMENT OF A NEW WELL MOTOR AND EMERGENCY SERVICE CALL FROM SHANNON PUMP CO. IN THE AMOUNT OF $15,182.61; 2) AUTHORIZE THE FINANCE DEPARTMENT TO MAKE A
SUPPLEMENT APPROPRIATION TO THE WATER ENTERPRISE FUND IN THE AMOUNT OF $15,182.61; 3) AUTHORIZE THE CITY MANAGER TO EXECUTE ALL
REQUIRED DOCUMENTS
WHEREAS, on Sunday, 08/10/2025 at approximately 6:55 a.m., the City of Livingston Fire Department responded to a 911 call of a fire at the high school well site (Well 12) and discovered the well motor was extremely hot, producing heavy smoke, and had a small active flame; and WHEREAS, Livingston Police Department and Public Works personnel were dispatched to assist and observed the motor remained very hot and continued to emit smoke; and WHEREAS, fire personnel assessed the situation, suppressed the fire and smoke hazards, cut the power to the water well motor, and allowed the motor to cool under their supervision; and WHEREAS, after addressing the immediate safety concerns, staff contacted Shannon Pump Co., a local vendor known for rapid emergency response and efficient well repairs and notified their call center that an emergency diagnosis and repair were required as soon as possible; and WHEREAS, Shannon Pump installed a new 125 HP motor at Well 12 with labor and materials totaling $15,182.61; and
WHEREAS, Well 12 has a production capacity of approximately 1.78 million gallons per day making the prompt return of Well 12 to safe and reliable operation essential for maintaining an adequate water supply; and
WHEREAS, the motor was taken in for evaluation to determine the cause of the overheating and Shannon Pump will provide an update once the internal inspection is complete; and WHEREAS, the Livingston Municipal Code requires formal bidding procedures for all purchases over $10,000 unless certain exceptions apply; and
WHEREAS, Section 1-11-6 of the Municipal Code states that formal bid procedure of items over $10,000 can only be waived if the purchase is of urgent necessity for the preservation of life, health or property, waived by Council resolution passed by at least four affirmative votes; and/or available from only one source; and
WHEREAS, staff deemed this an emergency procurement scenario and of urgent necessity for the preservation of life, health, or property due to the high demand of water because the prompt procurement and installation of a new motor was imperative to ensure consistent water pressure and meet demand.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:
1. Finds the above recitals are true and correct findings of the Livingston City Council.
2. Approves ratifying emergency equipment procurement and emergency repairs to Well 12 and approves the emergency procurement of a new well motor and emergency service call from Shannon Pump Co. in the amount of $15,182.61.
3. Authorizes the Finance Department to make a supplement appropriation to fiscal year 2025/2026 budget in the Water Enterprise Fund (2100-810-7445) in the amount of $15,182.61.
4. Authorizes the City Manager to execute all required documents.
5. This Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2025-___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 16th day of September 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:__________________________
Jose A. Moran, Mayor
Of the City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney
Of the City of Livingston
TO:
SHANNON PUMP COm
CONT. LIC. #279578
PO. BOX 686 € 275 SOUTH HIGHWAY 59
MERCED, CALIFORNIA 95341
(209) 723-3904 FAX# (209) 723-5865
CITY OF LIVINGSTON
1416 C STREET
Livingston, CA 95334
INVOICE
Invoice No.: 250883
: 1 ,. -- , Cit nr jY·· ·-·t' Ir,~ 0 O•i~, ,.,f 1~.d1rw: 11 ,i MOT-BMR125HP
·,l\lil.NCE:. CHARG'.:'. (\ I q· .; d ,·. c r· A,'-JNUAL •</-~ •• ,) ,) ._;:t: u:, ~, 1~.( ,:i --~ ~- Dt' Hv(~UE •• rs 08/10/2025
PER JESUS
EMERGENCY REPAIR
REPLACE BURNT MOTOR
@ PUMP# 12
125 HP PRE EFF HOLLOW
SHAFT MOTOR FRAME 405TP
S/N: 9010418
11280.00 11280.00
3 SPLICE TERMINAL 250 250 MCM SPLICE TERMINAL 47.46 142.38
1.000
' H,~ I 1 ,:-':.h( ;;'"' : Cc<1 :-..t { 'i r-~::-1 • ,.t\ ~·,y l 0111· ~r.!-,Jt ·:uh,t,n -~-~o hbvrnr :bllf.fJ H·'!t r) -i~ :} "' ·'· '. our ~::o1
--,~r1v i,,,, .:., ="nt p,1 .; :'~) r
~:1~ t (-;1 fr.. c· , t:,.1 ·st , en
"r .1fLr ~1 r-ou;t •e' rrrr· \i :r p ·c:p .. ~ ·ty t"{'lf c.i \ , ·r c ·.rlfJ 1;1~ p10.-.rrsdsofth, '-~OiP 1rN lo sut1~iy ·1 ~ c, ·; liaPr~n ,c:•vr-:-n f ~o.J hf'lt'c ,,.:ud ouf own '(-, 'iJn r:nnti·"'cto lnhfnFr nr ~upolm~ r.;:Hn;•m~
LABOR TO REPLACE MOTOR
AFTER HOURS/SUNDAY CALL
***********NOTES*********
VOLT: 480 RPM: 1780
RUNNING AMPS: 130@55HZ
RATED AMPS: 142
THREE PHASE 60HZ
Invoice subtotal
Sales tax@ 7.75000%
Invoice total
2875.00 2875.00
14297.38
885.23
15182.61
PLEASE PAY FROM THIS INVOICE
*STATEMENT MAY NOT BE SENT
Page
*
304 of 378
STAFF REPORT
AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A
PROFESSIONAL SERVICES AGREEMENT WITH STEPHANIE DIETZ
TO ASSIST WITH THE ORGANIZATION PLANNING, FACILITIES,
PERSONNEL AND EQUIPMENT NEEDS FOR A STAND-ALONE FIRE
DEPARTMENT
MEETING DATE: September 16, 2025
PREPARED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Adopt a resolution authorizing the City Manager to enter into a Consulting Services Agreement with Stephanie Dietz to assist with the organizational planning, facilities, personnel and equipment needs for a stand-alone fire department.
BACKGROUND AND DISCUSSION:
The City of Livingston has received fire and emergency services from Merced County and CAL FIRE through a contractual agreement that began on July 1, 1988. Prior to this contract, Merced County handled fire protection, but it was not until 1988 that the county's contract with CAL FIRE for fire and emergency medical services was authorized.
The City was successful with its Measure L, 1% sales tax ballot measure that was passed by the Voters in November 2024. In December 2024, the Merced County Board of Supervisors unanimously approved a cost-sharing agreement with the City of Livingston for $1.6 million to fund fire services through June 2026.
The City uses third-party consultants on an as-needed basis to assist with specific projects who bring unique skills, knowledge and expertise. This service will provide the administrative depth necessary to meet the timelines and milestones.
Currently, the City is embarking on establishing its own fire department after evaluating several options related to contracting fire services with other cities and CAL FIRE. There are no Federal or State regulations directing the level of fire service response times and outcomes. Thus, communities have the level of fire services that they can afford, which is not always what they would desire. The City of Livingston strives to provide an adequate level of fire services within the context of limited fiscal resources, competing needs, growing populations and uncertainty surrounding the exact timing of future development.
The overall goal is to have a combination of career and volunteer/reserves firefighters that are trained and equipped to meet the community needs.
The consultant will assist with the organizational planning, facilities, personnel and equipment needs, and the phased implementation of the department (transition plan). .
FISCAL IMPACT:
Authorize the Finance Department for a supplemental appropriation not to exceed $50,000 from Measure L Fund 1231-103-4310.
ATTACHMENTS:
1. Resolution
2. Professional Services Agreement
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL
SERVICES AGREEMENT WITH STEPHANIE DIETZ TO ASSIST WITH THE
ORGANIZATIONAL PLANNING, FACILITIES, PERSONNEL AND
EQUIPMENT NEEDS FOR A STAND-ALONE FIRE DEPARTMENT
WHEREAS, Stephanie Dietz is a distinguished former City Manager with an extensive background in Organizational Planning, Facilities and Personnel Needs; and WHEREAS, the City Council has directed the Fire Services Ad Hoc Committee to conduct a study to determine the staffing needs and equipment for continuation of fire services; and WHEREAS, the City Council has also directed the Fire Services Ad Hoc Committee to conduct a study to determine future facility needs to respond to emergencies, assuring communities have adequate protection from fire and fire related hazards; and WHEREAS, the City Council has directed the Fire Services Ad Hoc Committee to utilize a data driven, best practices process with the analysis of data based on recognized guidelines and criteria.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
Section 1. The City Council authorizes the City Manager to execute the professional services agreement with Stephanie Dietz, attached hereto and incorporated herein as Exhibit A.
Section 2. This resolution will become effective immediately.
Section 3. Authorize the Finance Department for a supplemental appropriation not to exceed $50,000 from Measure L Fund 1231-103-4310.
I hereby certify that the foregoing Resolution No. 2025-___ is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 16th day of September 2025, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
____________________________________
Marc Tran, City Attorney
of the City of Livingston
CONTRACT FOR CONSULTING SERVICES
This Agreement is executed this 16th day of September, 2025 by and between the City of Livingston (“Client”) and STEPHANIE R. DIETZ (“Consultant”).
Agreement
1. Consultant’s Services. This Agreement shall become effective on September 16, 2016 (“Effective Date”). Beginning on the Effective Date, and for the duration of this Agreement, Consultant will provide the services described in Exhibit “A” attached to this Agreement (“Services”) to the best of her ability and in a professional, first-class manner. Consultant shall comply with all local, county, state, regional, and federal rules, regulations, and laws while providing the Services.
2. Compensation. In consideration for the Services to be provided by Consultant, beginning upon the Effective Date, Client agrees to pay Consultant the compensation described in Exhibit “B” attached to this Agreement (“Compensation”).
3. Term. The term of this Agreement (“Term”) shall begin upon the Effective Date and continue for one (1) year, whereupon it can be renewed upon the mutual agreement of the parties. Either party may terminate this Agreement under the terms of Sections 8, 9, or 10 below.
4. Independent Contractor. Consultant enters into this Agreement, and will remain throughout the Term of the Agreement, as an independent contractor. The parties agree that Consultant is not and will not become an employee, partner, joint venturer, agent, or principal of Client while this Agreement is in effect, and is not entitled to royalties, commissions, profits, or any remuneration other than the Compensation.
Consultant agrees she is not entitled to the rights or benefits afforded to Client’s employees, including disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, or any other employment benefit. Consultant is responsible for maintaining any permits, approvals, and licenses required to operate their business and/or provide the Services. Neither party may hold itself out as a partner of the other or bind the other party herein to a third party.
5. Payment of Income Taxes. Consultant is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the Compensation paid by Client to Consultant for the Services under this Agreement. Client shall not withhold any local, state, or federal taxes from the Compensation paid to Consultant.
The Client shall provide all required tax information to the Consultant.
6. Use of Employees or Subcontractors. As an independent contractor, Consultant shall determine the method, details and means of performing the Services.
Consultant may, at Consultant’s own expense, use any employees, subcontractors and consultants as Consultant deems necessary to perform the Services required of Consultant by this Agreement, provided however, (a) Consultant discloses such employees, subcontractors or consultants to Client before Consultant using their
assistance, and (b) Client approves the Services such parties will provide and the costs of such Services.
7. Liability Insurance. Consultant agrees to maintain throughout the term of this Agreement comprehensive public liability insurance in the amount of at least One Million Dollars ($1,000,000.00) insuring against claims and liability for personal injury, death, property damage and other liabilities arising out of the Services provided by Consultant under this Agreement. The insurance shall name Client, the buyers, its management team as additional insured or loss payees under a separate endorsement.
Consultant shall provide Client with a certificate of insurance prior to the Effective Date and a renewal certificate prior to expiration of any insurance coverage during the Term.
8. Termination on Occurrence of Stated Events. This Agreement will terminate automatically on the occurrence of any of the following events:
(a) Bankruptcy or insolvency of either party.
(b) One hundred twenty (120) days from date of execution of this Agreement, unless extended in writing by both parties hereto. (c) Mutual agreement of the parties that Consultant has completed the Services.
9. Termination for Cause. If either party defaults in the performance of this Agreement or materially breaches any of its provisions, the non-breaching party may give ten (10) days written notice to the breaching party describing in detail the breach.
If the breaching party fails to cure such breach within such ten (10) days, the nonbreaching party will have the right to terminate this Agreement immediately upon written notice to the breaching party, and such non-breaching party will have all further rights and remedies at law and in equity. For purposes of this paragraph, material breach of this Agreement includes, but is not limited to, the following:
(a) Client’s failure to pay Consultant any Compensation (including preapproved reimbursable expenses) due within fifteen (15) days after Client’s receipt of a written bill or demand for payment.
(b) Consultant’s failure to reasonably complete particular Services under this Agreement within fifteen (15) days after Client’s written notice to Consultant of her specific failures.
(c) Consultant’s material breach of any representation or agreement contained in this Agreement.
(d) Client’s material breach of any representation or agreement contained in this Agreement.
10. Termination Without Cause. Notwithstanding any terms to the contrary herein, either party may terminate this Agreement upon fourteen (14) days’ written notice to the other party.
11. Indemnity. Consultant shall hold harmless, defend and indemnify Client and its officers, directors, managers, members, partners, trustees, employees, agents, representatives, and contractors from costs, claims, or liabilities arising out of the negligent acts or omissions of Consultant or her employees, agents, or contractors. The terms of this section shall survive the expiration or earlier termination of this Agreement.
12. Confidentiality. Consultant will keep strictly confidential any and all information, plans and documents concerning Client’s business, personnel, plans, strategies, statistics, operations, assets and finances, including but not limited to any verbal, written, printed, graphic or electronically or magnetically recorded information learned by Consultant while providing the Services or furnished by Client for Consultant’s use in providing the Services (collectively, “Confidential Information”).
All of such Confidential Information is the sole property of Client. Consultant will not disclose this Confidential Information by any means to any person or entity except with Client’s written approval, and only to the extent necessary to perform the Services under this Agreement, except for information compelled by court process. On termination of this Agreement, Consultant will return any such Confidential Information in her possession to Client and not retain copies. This Agreement shall be kept confidential by both parties. The terms of this section shall survive the expiration or earlier termination of this Agreement.
13. Time of Essence. The parties acknowledge that time is of the essence in each and every provision in this Agreement.
14. Entire Agreement. This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the Services by Consultant for Client. No other agreement, statement, or promise not contained in this Agreement shall be valid or binding concerning the Services. Any modification of this Agreement must be in writing signed by the parties.
15. Partial Invalidity. The invalidity of any portion of this Agreement shall in no way affect the validity of any other portion hereof, and in the event any provision of this Agreement is determined to be invalid, this Agreement shall be construed to make such provision valid to the fullest possible extent. In the event such provision cannot be so construed, this Agreement shall be construed to omit such provision.
16. Notices. Notices provided under this Agreement shall be in writing and given to a party hereto in person, by overnight carrier, by certified mail or by electronic transmission at the party’s address listed below, and be deemed to be received upon delivery if delivered in person, or one (1) day after posting if by reputable overnight carrier, or two (2) days after posting if by certified mail, or upon receipt if by electronic transmission provided the notice is also sent by regular mail within twenty-four (24) hours of such electronic transmission.
17. Waiver. No consent or waiver, express or implied, by a party to this Agreement of any breach or default by a party in the performance of any obligation hereunder shall be deemed or construed to be a consent to or waiver of such breach or default or any other breach or default by such party hereunder. Failure on the part of a
party hereto to complain of any act or failure to act by the other party or to declare the other party in default hereunder, irrespective of how long such failure continues, shall not constitute a waiver of the rights of such party hereunder.
18. Independent Counsel and Tax Advisor. Both parties are advised and acknowledge having had adequate opportunity to consult an attorney and an independent tax counsel or a certified public accountant concerning the tax implications of this transaction.
19. Interpretation. This Agreement shall be governed by the laws of the State of California. Any ambiguity herein shall not be interpreted against a party by virtue of that party having drafted it; instead, the provision in dispute shall be read in the fairest way possible, taking into account the underlying circumstances and the intent of the parties herein.
20. Force Majeure. Should the performance of the obligations of either party be prevented or delayed by act of God, war, civil insurrection, fire, flood, storm, strikes, lockouts, pandemic or disease, or by any law, regulation or order of any federal, state, county or municipal authority, or by any other cause beyond the control of such party, such party's performance under this Agreement to the extent it is so prevented or delayed shall be excused.
21. Cooperation. The parties shall cooperate in good faith to effect the intent of the parties hereunder.
22. No Assignment. Consultant shall not assign her duties hereunder without the prior written consent of Client, which Client may withhold in its sole discretion.
23. Successors. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties hereto and their lawful successors, assigns, heirs, trustees and beneficiaries.
24. Arbitration. Any claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in the Superior Court of California. In the event of such arbitration, the prevailing party is entitled to recover its reasonable costs and expenses, including attorneys’ fees and expert witness fees, as determined in the discretion of the arbitrator.
WHEREFORE, this Agreement is executed by the parties below on the date first above written.
Client: Consultant:
City of Livingston
By: ___________________________
STEPHANIE R. DIETZ
By: ___________________________
STEPHANIE R. DIETZ
450 W. 21st Street, Suite 3
Merced, CA 95340
EXHIBIT A
CONSULTANT’S SERVICES
Project Purpose
The City of Livingston aims to establish a well-structured, adequately resourced, and sustainable municipal fire department. The consultant will assist with organizational planning, facilities and equipment needs, and the phased implementation of the department.
Scope of Work
Task 1: Organizational Design & Staffing Plan
• Recommend an organizational structure covering administration, suppression, prevention, EMS, and support services.
• Define staffing requirements, job classifications, and recruitment strategies. • Develop training and professional development plans for personnel.
Task 2: Implementation Plan & Transition Strategy
• Develop a phased implementation roadmap with short-, mid-, and long-term milestones.
• Identify transition options from existing fire protection services. • Establish performance metrics and service level standards. • Provide strategies for community engagement and stakeholder outreach.
Task 3: General Consultation & Administrative Support
• Provide guidance on administrative or operational matters related to any municipal functions.
• Assist City staff and leadership in addressing unforeseen issues or emerging needs during the planning and implementation process.
• Offer subject matter expertise to support effective governance, compliance, and organizational sustainability.
Deliverables
• Draft Organizational & Staffing Plan
• Transition Plan
• Facilities and Equipment Needs Assessment
• Implementation Roadmap (with timeline and milestones) • Final Fire Department Establishment Plan (incorporating Tasks 4–6) • Presentation of findings to City Council, Fire Services Ad Hoc Committee and stakeholders [Bi-weekly Updates]
• Funding Options
Timeline
Estimated project duration: 4–6 months, subject to refinement with City leadership.
EXHIBIT B
COMPENSATION FOR CONSULTANT’S SERVICES
It is agreed that the Consultant’s compensation for providing the Services shall be $250/hour. The consultant will track and bill all services in 30-minute increments.
The Consultant shall bill the Client monthly. The Client shall send payment to the Consultant at the address specified in the Agreement within fifteen (15) days of receiving a bill. Any late payment shall incur a late penalty of five percent (5%). The consultant’s monthly bills shall accompany the monthly reports that the consultant provides as part of the Services.
Upon termination of the Agreement, the Client shall pay the Consultant all amounts owed through the date of termination.
AGENDA ITEM: RESOLUTIONS APPROVING A LEASE AGREEMENT WITH TOSHIBA
AND AN AGREEMENT WITH POWER BUSINESS TECHNOLOGY FOR
NEW PRINTERS AND PRINTING SUPPLIES AT LIVINGSTON CITY
HALL AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
REQUIRED DOCUMENTS
MEETING DATE: September 16, 2025
PREPARED BY: Happy Bains, Finance Director/Assistant City Manager REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Two resolutions approving a lease agreement with Toshiba and an agreement with Power Business Technology for new printers and printing supplies at Livingston City Hall and authorizing the City Manager to execute all required documents.
BACKGROUND AND DISCUSSION:
City Hall printers have reached the end of their useful life. The current lease agreement with Leaf expired on July 20, 2025, for four printers, and Xerox (also known as Peac Solutions) is set to expire on September 30, 2025, for one printer. Currently, City Hall has the following printers:
one Xerox C8070 and four Xerox C505. The City received quotes for the lease payoff of the above-referenced printers. The Leaf payoff amount is $2,421.81, and the Xerox payoff amount is $174.60, for a total of $2,596.41.
The City received a total of six (6) quotes from the following vendors: Power Business Technology, UBEO Business Services, Caltronics Business Systems, Visual Edge, and Data Flow. All vendors except for Xerox allowed City Hall to test the printers they quoted us. After careful evaluation, Power Business Technology was selected as the vendor that best meets City Hall’s printing needs, offering the best value. Power Business Technology is partnered with Toshiba. The printers that will replace our current printers are one Toshiba e-Studio 7527ACT, one Toshiba e-Studio 4525AC, and three (3) Brother MFC-L9570CDWP. Pricing for the new printers is attached hereto as Exhibit A.
Staff recommends that the City execute two agreements: one with Toshiba for a lease of the equipment and the other with Power Business Technology for miscellaneous supplies. The lease with Toshiba is 63 months for a monthly payment of $1,501.15. The lease also includes unlimited parts and labor, toner, and an allotted amount of page images. The agreement with Power Business Technology covers miscellaneous supplies on an as-needed basis like staplers, shipping cost for toner, and page images in addition to the monthly allotment. Power Business Technology will also issue up to $998.75 to settle our existing leases with Xerox and Leaf, and they will pick up and return all current printers at no charge to the City. With Power providing $998.75 to settle the existing leases, the City will now pay $1,597.66 for both leases.
FISCAL IMPACT:
The cost for this lease has been budgeted for in the current fiscal year 2025/2026. The cost will be distributed through all the departments from the following funds, General Fund, Community
Development Fund, Recreation Fund, LMDs, BADs, Fire Fund, Water Enterprise Fund, Wastewater Enterprise Fund, and Sanitation Fund.
ATTACHMENTS
1. Resolution approving Lease with Toshiba
2. Resolution approving agreement with Powers Business Technology
3. Proposal for Power Business Technology
4. Lease Agreement
5. Payoff Amount for current printers
6. Proposals received from other vendors
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
APPROVING A LEASE AGREEMENT WITH TOSHIBA FOR NEW PRINTERS AT
LIVINGSTON CITY HALL AND AUTHORIZING THE CITY MANAGER TO EXECUTE
ALL REQUIRED DOCUMENTS
WHEREAS, City Hall's current contract with Leaf (for four printers) expired on July 20, 2025, and Xerox (also known as Peac Solutions) contract for one printer expires on September 30, 2025; and
WHEREAS, the lease payoff for Leaf is $2,421.81 and Xerox payoff amount is $174.60; and
WHEREAS, the City of Livingston will approve a lease agreement with Toshiba; and WHEREAS, the contract with Toshiba will be for a term of 63 months for a monthly payment of $1,501.15 for a monthly allotment of page images and unlimited parts, labor, and toner; and
WHEREAS, Toshiba will replace all existing printers, one Toshiba e-Studio 7527ACT, one Toshiba e-Studio 4525AC, and three (3) Brother MFC-L9570CDWP.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:
1. Finds that the above recitals are true and correct findings of the Livingston City Council.
2. Approves a lease agreement with Toshiba for new printers at Livingston City Hall.
3. Authorizes the City Manager to execute all required documents.
4. Directs this Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2025-___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the16th day of September 2025, by vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________
Jose A. Moran, Mayor
Of City of Livingston
ATTEST:
_______________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney
Of City of Livingston
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING AN
AGREEMENT WITH POWER BUSINESS TECHNOLOGY FOR PRINTER SUPPLIES FOR
NEW PRINTERS AT LIVINGSTON CITY HALL AND AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL REQUIRED DOCUMENTS
WHEREAS, City Hall's current contract with Leaf (for four printers) expired on July 20, 2025, and Xerox (also known as Peac Solutions) contract for one printer expires on September 30, 2025; and
WHEREAS, the lease payoff for Leaf is $2,421.81 and Xerox payoff amount is $174.60; and WHEREAS, the City of Livingston will approve an agreement with Power Business Technology; and
WHEREAS, the contract with Power Business Technology will be for a term of 63 months and provides printing supplies as needed by the City; and
WHEREAS, Power Business Technology will ensure complete installation of the new printers; and
WHEREAS, Power Business Technology will also issue up to $998.75 to settle our existing lease with Xerox and Leaf, and they will pick up and return all current printers at no charge to the city.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:
1. Finds that the above recitals are true and correct findings of the Livingston City Council.
2. Approves an agreement with Power Business Technology for printer supplies for new printers at Livingston City Hall.
3. Authorizes the City Manager to execute all required documents.
4. Directs this Resolution will become effective immediately.
I hereby certify that the foregoing Resolution No. 2025-___ is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the16th day of September 2025, by vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jose A. Moran, Mayor
Of City of Livingston
ATTEST:
_______________________
Monica Cisneros, Deputy City Clerk
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Marc Tran, City Attorney
Of City of Livingston
By: ______________________
City of Livingston
Proposed Solution and
Associated Average Monthly Expense – “Option #3.1”
Location/ID Equipment
Average Monthly Usage
Black Pages Color Pages Expenses
City Hall Toshiba e-Studio 7527ACT DSDF, LCF, Ext. LCF, Stapling Finisher, Hole Punch, Print/Scan
10,552 10,134
NEW 85 Black Pages/ Minute & 75 Color Pages/ Minute 0 0 0 Finance Toshiba e-Studio 4525AC DADF, 2nd Tray, Print/Scan/Fax 4,112 983 NEW 45 Black Pages/ Minute & 45 Color Pages/ Minute 0 0 0 Finance Dir. Brother MFC-L9570CDWP DADF, Print/Scan/Fax 288 55 NEW 33 Black Pages/ Minute & 33 Color Pages/ Minute 0 0 0 Payroll Brother MFC-L9570CDWP DADF, Print/Scan/Fax 2,008 476 NEW 33 Black Pages/ Minute & 33 Color Pages/ Minute 0 0 0 City Clerk Brother MFC-L9570CDWP DADF, Print/Scan/Fax 507 850 NEW 33 Black Pages/ Minute & 33 Color Pages/ Minute 0 0 0 63 Month FMV Lease Payment…
Power’s All-Inclusive Service Program
Includes unlimited parts, labor & toner (excluding paper & staples) Billing Pool #1: Toshiba – Incl. 14,500 B/W/mo. Add’l. pages billed monthly @ $0.007 per pg.
Billing Pool #2: Toshiba – Ihcl. 10,500 Color/mo. Add’l. pages billed monthly @ $0.046 per pg.
Billing Pool #3: Brother – Incl. 3,000 B/W/mo. Add’l. pages billed monthly @ $0.01 per pg.
Billing Pool #4: Brother – Incl. 1,400 B/W/mo. Add’l. pages billed monthly @ $0.065 per pg. $ 1,501.15
Operating Expenses for 17,500 B/W Pages & 11,900 Color Monthly 0 0 0 $Included Total Proposed Monthly Usage & Expenses. . . $1,501.15
Monthly Savings with New Equipment. . . $993.36
12 Month Savings with New Equipment. . . $11,920.32
• Upon Acceptance of New Toshiba Equipment, PBT to Issue up to $998.75 to settle existing lease #’s 100-5831361-001 & 471-4124773-003. Upon Receipt of Return Instruction, PBT to Pick-Up & Return (5) Xerox copiers to Leasing at No Charge.
Please Add California Sales Tax - Set-up & Delivery & Digital Connectivity - $450.00 ea. Waived!
TFS APPLICATION (SHORT FORM) – Rev. 06/01/2017
CUSTOMER INFORMATION
LEGAL COMPANY NAME ADDRESS
CITY OF LIVINGSTON 1416 "C" STREET
CITY STATE ZIP PHONE FEDERAL TAX I.D. #
LIVINGSTON CA 95334 (209) 394-8041 94-6000360
CONTACT PERSON TYPE OF BUSINESS DOB
Corporation Proprietorship *If selected Date of Birth is required: Partnership
E-MAIL ADDRESS STATE OF INCORPORATION
PERSONAL DATA
Personal data is required for customers with less than 10 employees and/or 5 years in business.
NAME OF OWNER #1 TITLE NAME OF OWNER #2 TITLE
ADDRESS CITY/STATE/ZIP ADDRESS CITY/STATE/ZIP
HOME PHONE DATE OF BIRTH HOME PHONE DATE OF BIRTH
SOCIAL SECURITY # OWNERSHIP % SOCIAL SECURITY # OWNERSHIP % Each individual signing below certifies that the information provided in this credit application is accurate and complete. Each individual signing below authorizes us or any assignee or funding source which may be utilized (collectively referred to as "Lenders") to obtain information from the references listed above and obtain a consumer credit report that will be ongoing and relate not only to the evaluation and/or extension of the business credit requested, but also for purposes of reviewing the account, increasing the credit line on the account (if applicable), taking collection action on the account, and for any other legitimate purpose associated with the account as may be needed from time to time. Each individual signing below further waives any right or claim which such individual would otherwise have under the Fair Credit Reporting Act in the absence of this continuing consent.
X
OWNER #1 – SIGNATURE SIGNER’S PRINTED NAME DATE
X
OWNER #2 – SIGNATURE SIGNER’S PRINTED NAME DATE
ECOA NOTICE (TO BE RETAINED BY APPLICANT)
Thank you for your business credit application. We will review it carefully and get back to you promptly. If your application for business credit is denied, you have the right to a written statement of the specific reasons for the denial. To obtain that statement, please contact us within 60 days from the date that you are notified of our decision. We will send you a written statement of the reasons for the denial within 30 days of your request for the statement. NOTICE: The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract), because all or part of the applicant’s income derives from any public assistance program; or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers our compliance with this law is the Bureau of Consumer Financial Protection, 1700 G Street NW., Washington DC 20006.
IMPORTANT NEW CUSTOMER INFORMATION
To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify and record identifying information on new customers.
The personal data requested above will allow us to identify each person signing this application. We may also ask for copies of driver's licenses or other identifying documents.
Application TOSHIBA I FINANCIAL SERVICES I
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1 of 2 SEE PAGE 2 FOR ADDITIONAL TERMS AND CONDITIONS TFS - 0219
LEASE WITH MAINTENANCE AGREEMENT
APPLICATION NUMBER AGREEMENT NUMBER
The words you and your, refer to the Customer. The words Lessor, we, us, and our, refer to Toshiba Financial Services. The Toshiba Equipment is covered by the terms of the Toshiba Quality Commitment, a copy of which may be obtained from your service provider. We own the Equipment, as defined below, (excluding software) and you have the right to use it under the terms of this Agreement.
CUSTOMER CONTACT INFORMATION
Legal Company Name: CITY OF LIVINGSTON Fed. Tax ID#: 94-6000360 Contact Person: Bill-To Phone: (209) 394-8041 Bill-To Fax:
Billing Address: 1416 "C" STREET City, State - Zip: LIVINGSTON CA 95334 Equipment Location:
(if different than above) City, State - Zip:
DEALER LOCATION
Contact Name: Location:
EQUIPMENT WITH CONSOLIDATED MINIMUMS
ITEM DESCRIPTION MODEL NO. SERIAL NO. STARTING METER
TOSHIBA E-STUDIO 7527ACT
TOSHIBA E-STUDIO 4525AC
BROTHER MFC-L9570CDW (Service Only)
BROTHER MFC-L9570CDW (Service Only)
BROTHER MFC-L9570CDW (Service Only)
See attached form (Schedule "A") for Additional Equipment See attached form (Billing Schedule) for Additional Equipment/Payment Schedule
LEASE TERM & PAYMENT SCHEDULE
Number of Payments: 63 of $ 1,501.15 * Security Deposit**: $ Received *plus applicable taxes Payments includes: 14,500 B&W Images per Month Excess Images at: $ 0.007 * per B&W Image Lease payment period is monthly unless otherwise indicated.
End-of-Lease Options:
You will have the following options at the end of your
original term, provided the Agreement has not terminated early and no event of default under the Agreement has
occurred and is continuing.
1. Purchase the Equipment at Fair Market Value per
section 16.
2. Renew the Agreement per section 17.
3. Return Equipment.
Payments includes: 10,500 Color Images per Month Excess Images at: $ 0.046 * per Color Image Payments includes: Scan Images per Month Excess Images at: $ * per Scan Image Payments includes: 3,000 B&W Print Images per Month Excess Images at: $ 0.01 * per B&W Print Image Payments includes: 1,400 Color Print Images per Month Excess Images at: $ 0.065 * per Color Print Image Origination Fee: Up to $99.00 (included in First Invoice) Excess Images billed: Monthly Quarterly ** Security Deposit: The security deposit is non interest bearing and is to secure your performance under this Agreement. Any security deposit made may be applied by us to satisfy any amount owed by you in, in which event you will promptly restore the security deposit to its full amount as set forth above. If all conditions are fully complied with and provided you have not ever been in default of the Agreement in the Default section, the security deposit will be refunded to you after the return of the equipment in accordance with the Return of Equipment section.
THIS IS A NONCANCELABLE / IRREVOCABLE AGREEMENT. THIS AGREEMENT CANNOT BE CANCELLED OR TERMINATED.
LESSOR ACCEPTANCE
Toshiba Financial Services Signature: Title: Date:
CUSTOMER ACCEPTANCE
You hereby acknowledge and agree that your original or electronic signature below shall constitute an enforceable and original signature for all purposes. This Agreement may be executed in counterparts. The executed counterpart which has Lessor’s original signature and/or is in Lessor’s possession shall constitute chattel paper as that term is defined in the Uniform Commercial Code (“UCC”) and shall constitute the original agreement for all purposes, including, without limitation, (i) any hearing, trial or proceeding with respect to this Agreement, and (ii) any determination as to which version of this Agreement constitutes the single true original item of chattel paper under the UCC. If Customer signs and transmits this Agreement to Lessor by facsimile or other electronic transmission, the transmitted copy, upon execution by Lessor, shall be binding upon the parties.
Customer agrees that the facsimile or other electronic transmission of this Agreement manually signed by Lessor, when attached to the facsimile or other electronic copy signed by Customer, shall constitute the original agreement for all purposes, including, without limitation, those outlined above in this Section. Without limiting and subject to the foregoing, the parties further agree that, for purposes of executing this Agreement, (a) a document signed and transmitted by facsimile or other electronic transmission shall be treated as an original document, (b) the signature of any party on such document shall be considered as an original signature, (c) the document transmitted shall have the same effect as a counterpart thereof containing original signatures, and (d) at the request of Lessor, Customer, who executed this Agreement and transmitted its signature by facsimile, or other electronic transmission shall provide the counterpart of this Agreement containing Customer’s original manual signature to Lessor. No party may raise as a defense to the enforcement of this Agreement that a facsimile or other electronic transmission was used to transmit any signature of a party to this Agreement. BY SIGNING THIS PAGE, YOU REPRESENT TO US THAT YOU HAVE RECEIVED AND READ THE ADDITIONAL TERMS AND CONDITIONS APPEARING ON THE SECOND PAGE OF THIS AGREEMENT. THIS AGREEMENT IS BINDING UPON OUR ACCEPTANCE HEREOF.
Name: Signature: X Title: Date:
TOSHIBA TOSHIBA I FINANCIAL SERVICES I
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181 □
2 of 2 TFS - 0219
TERMS AND CONDITIONS
1. Lease Agreement: You agree to lease from us the equipment described under “ITEM DESCRIPTION” and on any attached Schedule (hereinafter, with all replacement parts, repairs, additions and accessories, referred to as the “Equipment”) and as modified by Supplements to this Agreement from time to time signed by you and us. You authorize us to insert or correct missing information on this Agreement, including your accurate legal name, serial numbers and any other information describing the Equipment. You authorize us to change the amount of each Payment (set forth on page 1 of this Agreement) by not more than 15% due to changes in the equipment configuration which may occur prior to our acceptance of this Agreement or adjustments to reflect applicable sales taxes. We will send you copies of any changes. You agree to provide updated annual and/or quarterly financial statements to us upon request.
You authorize us or our assignee to obtain credit reports and make credit inquiries regarding you and your financial condition and to provide your information, including payment history, to our assignees or third parties having an economic interest in this Agreement or the Equipment. Toshiba Financial Services (TFS) is not responsible for service or maintenance of the Equipment and is not party to any service maintenance agreement.
2. Lease Commencement: This Agreement will commence upon your acceptance of the applicable Equipment. When you receive the Equipment, you agree to inspect it and verify your acceptance by telephone or, at our request, by delivery of written evidence of acceptance satisfactory to us. Upon acceptance, your obligations under this Agreement will become absolute and unconditional, and are not subject to cancellation, reduction or setoff for any reason whatsoever. You agree to pay us the amounts payable under the terms of this Agreement each period by the due date in accordance with the Term and Payment schedule set forth on page 1 of this Agreement. Payments shall be delivered to our address or to such other address as we may designate in writing. For any payment that is not received by its due date, you agree to pay a late charge equal to the higher of 10% of the amount due or $22 (not to exceed the maximum allowed by law).
3. Image Charges: Each month during the term of this Agreement, you agree to remit to us the Payment and all other sums when due and payable to the address we provide to you from time to time. In return for the Payment, you are entitled to produce the Images (set forth on page 1 of this Agreement) included for each applicable image type each month. You also agree to pay us the Excess Image charge (set forth on page 1 of this Agreement) for each metered image that exceeds the applicable Images Included. We reserve the right to estimate the number of images used if you do not provide us with meter readings within seven days of request. We will adjust the estimated charge for excess images upon receipt of actual meter readings. Notwithstanding any adjustments, you will never remit to us less than the Minimum Payment each month. You agree that we reserve the right to increase the maintenance and supplies portion of the Lease Payment and/or the Excess Image charge each year during the Term of the Schedule by an amount not to exceed fifteen percent (15%) of the Payment and/or the Excess Image charge in effect at the end of the prior annual period. At our option, you will: (a) provide meter readings via an automated website when requested by us. We may charge a fee to recover the cost of meter collections if meters are requested but not submitted through the automated website. (b) Provide us by telephone or facsimile the actual meter readings when requested by us. (c) Allow us (or our agent) access to the Equipment to obtain meter readings. (d) Allow us (or our agent) to attach an automatic meter reading device to the Equipment. We may audit the automatic meter reading device periodically. If you have a dispute with your service provider, you continue to pay us all Payments and Excess Image charges without deductions or withholding deductions. Images made on Equipment marked as “Customer Owned” will be included in determining your image and excess charges.
4. WARRANTY DISCLAIMER: WE MAKE NO WARRANTY EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. YOU LEASE THE EQUIPMENT “AS IS”. NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT WILL BIND US, NOR WILL ANY BREACH THEREOF RELIEVE YOU OF ANY OF YOUR OBLIGATIONS HEREUNDER. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR ANY DEFAULT BY US UNDER THIS AGREEMENT.
5. Statutory Finance Lease: You agree that this Agreement qualifies as a statutory Finance Lease under Article 2A of the Uniform Commercial Code. To the extent you are permitted by applicable law, you waive all rights and remedies provided by Article 2A (sections 508-522) of the Uniform Commercial Code.
6. Security Interest: You authorize us to file a financing statement with respect to the Equipment. If this Agreement is deemed to be a secured transaction, you grant us a security interest in the Equipment to secure all amounts you owe us under any agreement with us.
7. Use Maintenance and Repair of Equipment: YOU WILL USE THE EQUIPMENT ONLY IN THE LAWFUL CONDUCT OF YOUR BUSINESS AND NOT FOR PERSONAL, HOUSEHOLD OR FAMILY PURPOSES. You will not move the Equipment from the equipment location listed on page 1 without our advance written consent. You will give us reasonable access to the Equipment so that we can check the Equipment’s existence, condition and proper maintenance.
At your cost, you will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. You will not make any permanent alterations to the Equipment. You will keep the Equipment free and clear of all liens. You assign to us all of your rights, but none of your obligations, under any purchase agreement for the Equipment. We assign to you all our rights under any warranties, so long as you are not in default.
8. Software: Except as provided in this paragraph, references to “Equipment” include any software referenced above or installed on the Equipment. We do not own the software and cannot transfer any interest in it to you. You are responsible for entering into any license and/or other agreement (each a “License Agreement”) required by the applicable software supplier or software licensor no later than the effective date of this Agreement and you will fully comply with such License, if any, throughout the applicable term. We are not responsible for the software or the obligations of you or the software licensor under any License Agreement.
9. Taxes and Lease Charges: You agree to pay all taxes, costs and expenses incurred by us as a consequence of the ownership, sale, lease or use of the Equipment, including all sales, use and documentary stamp taxes. Any fee charged under this Agreement may include a profit and is subject to applicable taxes. In addition, you agree to pay us a UCC filing fee of $35.00.
10. Indemnity: You will indemnify and hold us harmless from any and all liability, damages, losses or injuries including reasonable attorney’s fees, arising out of the ownership, use, condition or possession of the Equipment, except to the extent directly caused by our gross negligence or willful misconduct. We reserve the right to control the defense and to select or approve defense counsel. This indemnity will survive the termination of this Agreement.
11. Risk of Loss; Insurance: You are responsible for risk of loss or for any destruction of or damage to the Equipment. No such loss or damage shall relieve you from the payment obligations under this Agreement. You agree to keep the Equipment fully insured against loss until this Agreement is paid in full and to have us and our assigns named as lender's loss payee. You also agree to maintain public liability insurance covering both personal injury and property damage and you shall name us and our assigns as additional insured. Upon request, you agree to provide us certificates or evidence of insurance acceptable to us. If you fail to comply with this requirement within 30 days after the start of this Agreement: (a) we have the right but no obligation to obtain insurance covering our interest (and only our interest) in the Equipment for the lease term, and renewals. Any insurance we obtain will not insure you against third party or liability claims and may be cancelled by us at any time. You will be required to pay us an additional amount each month for the insurance and administrative fee. The cost may be more than the cost of obtaining your own insurance and we may make a profit. You agree to cooperate with us, our insurer and our agent in the placement of coverage and with claims; or (b) we may charge you a monthly property damage surcharge of up to .0035 of the Equipment cost as a result of our credit risk and administrative and other costs, as would be further described on a letter from us to you. We may make a profit on this program. Once an acceptable certificate or evidence of insurance is submitted, any such fees will be discontinued. If any of the Equipment is lost, stolen or damaged you will at your option and cost, either (a) repair the item or replace the item with a comparable item reasonably acceptable to us, or (b) pay us the sum set forth in the Remedies section.
12. Right to Perform: If you fail to comply with any provision of this Agreement, we may, at our option, perform such obligations on your behalf. Upon invoice you will reimburse us for all costs incurred by us to perform such obligations.
13. Representations: (a) You represent and warrant to us that (1) you have the lawful power and authority to enter into this Agreement, and (2) the individuals signing this Agreement have been duly authorized to do so on your behalf, (3) you will provide us such financial information as we may reasonably request from time to time, (4) all financial information provided (or to be provided) is (or will be) accurate and complete in all material respects, (5) you will promptly notify us in writing if you move your principal place of business or there is a change in your name, state of formation, or ownership, and (6) you will take any action we reasonably request to protect our rights in the Equipment. (b) We represent and warrant to you that (1) we have the lawful power and authority to enter into this Agreement, and (2) the individuals signing this Agreement have been duly authorized to do so on our behalf.
14. Default: You will be in default under this Agreement if: (a) we do not receive any Payment due under this Agreement within five (5) days after its due date, (b) you fail to meet any of your obligations in the Agreement (other than payment obligations) and do not correct such default within 10 days after we send you written notice of such default, (c) you or your guarantor become insolvent, are liquidated or dissolved, merge, transfer a material portion of your ownership interest or assets, stop doing business, or assign rights or property for the benefit of creditors, (d) a petition is filed by or against you or your guarantor under any bankruptcy or insolvency law, (e) any representation made by you is false or misleading in any material respect, (f) you default on any other agreement with us or our assigns or any material agreement with any entity, or (g) there has been a material adverse change in your or any guarantor’s financial, business or operating condition.
15. Remedies: If you are in default, we may, at our option, do any or all of the following: (a) retain your security deposit, if any, (b) terminate this Agreement, (c) require that you pay, as compensation for loss of our bargain and not as a penalty, the sum of (1) all amounts due and payable by you or accrued under this Agreement, plus (2) the present value of all remaining Payments to become due under this Agreement (discounted at 2% or the lowest rate allowed by law), and (3)(i) the amount of any purchase option and, if none is specified, 20% of the original equipment cost, which represents our anticipated residual value in the Equipment or (ii) return the Equipment to a location designated by us and pay to us the excess, if any, of the amount payable under clause (3)(i) over the Fair Market Value of the returned Equipment as determined by us in our reasonable discretion, (d) recover interest on any unpaid balance at the rate of 12% per annum, and (e) exercise any other remedies available to us at law or in equity, including requiring you to immediately stop using any financed software. You agree to pay our reasonable attorney’s fees and actual court costs including any cost of appeal. If we have to take possession of the Equipment, you agree to pay the cost of repossession and we may sell or re-rent the Equipment at terms we determine, at one or more public or private sales, with or without notice to you. You may remain liable for any deficiency with any excess being retained by us.
16. Purchase Option: At the end of the Term provided you are not in default, and upon 30 days prior written notice from you, you will either (a) return all the Equipment, or (b) purchase all the Equipment as is, without any warranty to condition, value or title for the Fair Market Value of the Equipment as determined by us in our reasonable discretion plus applicable sales and other taxes.
17. Automatic Renewal: Except as set forth in Section 16, this Agreement will automatically renew on a month-to-month basis after the Term, and you shall pay us the same Payments and lease charges as applied during the Term (and be subject to the terms and conditions of this Agreement) until the Equipment is returned to us or you pay us the applicable purchase price (and taxes).
18. Return of Equipment: If (a) a default occurs, or (b) you do not purchase the Equipment at the end of the Term pursuant to a stated purchase option, you will immediately return the equipment to any location(s) we may designate in the continental United States. The Equipment must be returned in “Average Saleable Condition” and properly packed for shipment in accordance with our recommendations or specifications, freight prepaid and insured. “Average Saleable Condition” means that all of the Equipment is immediately available for use by a third party, other than you, without the need for any repair or refurbishment. All Equipment mu st be free of markings. You will pay us for any missing or defective parts or accessories.
19. Assignment: We may, without your consent, assign or transfer any Equipment or this Agreement, or any rights arising under this Agreement, and in such event our assignee or transferee will have the rights, power, privileges and remedies of Lessor hereunder, but none of the obligations. Upon such assignment you agree not to assert, as against our assignee, any defense, setoff, recoupment, claim or counterclaim that you may have against us. You will not assign, transfer or sublease this Agreement or any rights thereunder or any Equipment subject to this Agreement without our prior written consent.
20. Personal Property Tax (PPT): You agree at our discretion to (a) reimburse us annually for all personal property and similar taxes associated with the ownership, possession or use of the Equipment or (b) remit to us each billing period our estimate of the prorated equivalent of such taxes. You agree to pay us an administrative fee for the processing of such taxes. We may make a profit on such a fee.
21. Tax Indemnity: You agree to indemnify us for the loss of any income tax benefit caused by your acts or omissions inconsistent with our entitlement to certain tax benefits as owner of the Equipment.
22. Governing Law: BOTH PARTIES AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL. This Agreement and any supplement shall be deemed fully executed and performed in the state in which our (or, if we assign this Agreement, our assignee's) principal place of business is located and shall be governed by and construed in accordance with its laws. Any dispute concerning this Agreement will be adjudicated in a federal or state court in such state. You hereby consent to personal jurisdiction and venue in such courts and waive transfer of venue.
23. Transition Billing: In order to facilitate an orderly transition, the start date of this Agreement will be the date the Equipment is delivered to you or a date designated by us, as shown on the first invoice. If a later start date is designated, in addition to all Payments and other amounts due hereunder, you agree to pay us a transitional payment equal to 1/30th of the Payment, multiplied by the number of days between the date the Equipment is delivered to you and the designated start date. The first Payment is due 30 days after the start of this Agreement and each Payment thereafter shall be due on the same day of each month.
24. Miscellaneous: This Agreement contains the entire agreement between you and us and may not be modified except as provided therein or in writing signed by you and us, and supersedes any purchase orders. We will not accept payment in cash. If you so request, and we permit the early termination of this Agreement, you agree to pay a fee for such privilege. Notices must be in writing and will be deemed given five days after mailing to your or our mailing address.
If a court finds any provision of this Agreement to be unenforceable, all other terms of that Agreement will remain in effect and enforceable. You agree that any delay or fai lure to enforce our rights under this Agreement does not prevent us from enforcing any rights at a later time. In no event will we charge or collect any amounts in excess of those allowed by applicable law. Time is of the essence. You hereby acknowledge and confirm that you have not received any tax, financial, accounting or legal advice from us, or the manufacturer of the Equipment. It is the Customer's sole and exclusive responsibility to ensure that all data from all disk drives or magnetic media are erased of any customer data and information. TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS TO YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE IDENTIFYING DOCUMENTS.
25. Maintenance, Service and Supplies: The Dealer agrees to provide Full Service Maintenance during normal business hours including all toner, developer and parts necessary to produce images. You must purchase paper and staples separately. You acknowledge that (a) we are not responsible for any service, repair or maintenance of the Equipment and (b) we are not a party to any service maintenance agreement. You agree to pay for service maintenance outside of the Dealer’s normal business hours and for service required by your negligence or misuse of the Equipment at Dealer’s customary rates. We may charge you a supply freight fee to cover our cost of shipping supplies to you.