Tulare City Council
August 1, 2023

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CONTRACT NO.: 1905

SUPPLIER
PART
NUMBER
EXTENDED DESCRIPTION UNIT OF MEASURE  LIST PRICE
001  1/2" HOT ASPHALT CONCRETE – NORTH/SOUTH  COUNTY  TON  $60.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required. Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Hot Asphalt Concrete is important and necessary to the County for the economic completion of its road work projects.

PRICES: Prices shall be F.O.B. Plant Location and shall exclude Federal Excise Taxes, for which the County is exempt. California State Sales Tax will be allowed on the net bid price. The price per ton shall include all fees for the duration of the contract. Example, environmental fees, etc.

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" HOT ASPHALT CONCRETE: $ 60.00 PER TON

Asphalt Concrete shall be Type B, ½” maximum and shall conform to the provisions in Section 39, “Asphalt Concrete”, of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10.
6,000 Tons total estimated quantity for North County/South County through June 30, 2024.

Applicable sales tax will be added in addition to the price indicated above.

The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the engineer.

PLANT LOCATION/SHIPPING POINT: 27671 Avenue 120, Porterville, CA 93257 SMARA MINE ID 91-54-0021
PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3 Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Material Contract

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13.5 Consent Page 89

REQUEST FOR BID

THIS IS NOT AN ORDER
CO{TNTY -OF TULARE
Office of

PURCHASING AGENT
2637 W. Burrel Ave., Suite 200
Visalia, CA 93291-4593
Date: _ __,M=av.z...=24;:.:.-;..:::2~02::::3::,._ __
Req:242303924
REFER TO BID No.
24~006
By: Cher Castellini _
Phone: 559 -205-1100
Bids will be-received by the Tulare County Purchasing Agent, 2637 W. Burrel Ave. Suite. 200, Visalia, CA 93291~45_93tmtil. ·_ 2:00 P._M~_oit,Jli~E 14.2023 . Delivery F.O.B. PLANT LOCATION - - · NOTICE: Bid on each item separately unless instructions read otherwise. Attach complete fiP~C::ifi~ations for any ?Ubstitutions offered or when cialification is desirable or necessary. The right is reserved:to-~ejectany 0r albbiqs. --
lndic~te- BID NUMBERant';f, BID CLOSING DATE on outside of envelope fQr p~per.bi~ su~rnissio11s • • ' - __ • • - -. < .... -.- ·. • $1i:fNO~ 24~0()_6-CLOSING DATE: June 14, 2023 . .- - . . .. . . · %'1;.%" GOLD.:MIX-.MATERIAL & %'~HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT The ."l;ulare County Purchasing Agent invites bids to be submittecl for the purchase oPI!t-W' COLD MIX MATERIAL&%,; HOT MI.XASPHAL..T as required. Such contract will be for a one (1) year period effectivebeginning JULY 1, 2023, and ending. JUNE 30, 2024. · BIDDERS QUESTIONS: Bidders may submitany question they have pertaining to this Requestfor Bid: to [email protected]. Any and all que_stions must be su9mi_tted via _ -www~b-idnetdirect.com ·or [email protected] by 5:00 p.m. MAY 31. 2023, in orderto . 6-~--ci:)Q'siderec~t _:Que~tions and ~nswers·wfll be distributecf to all ~idders only if necessary to cl_a_dfY - subsf~"nti:ve:iterns -raised. No cnange~ and/or additions will be m~de to this Requestfor Bid within fortY (40) -.wgf.~in~;pg.ur?o(it~-,~~~~ing date: · - · · ··
· DEfAULT ~Y.SU.CCESSF.Uh; BIDDER: ._ln qase of default by succe~sftJI bidder _by nbn;.deliv¢ry ()f~~itle(s} and-~fis.~ryicfe(S.),qf:i;:qr;p~{ore'Jhe;a~llve,ry:•da~e:-The County may procure the ~rti.de(s).andor::,serv!ce(s)_-. . from.~~u1otoer so.4rd~~hd'rnaytecoy~r:CQ~ts.frqm successfljl b_idder. The succe~sflil. bidder ni9Y be c!:18,rg~d, . costoftransp6rl:ati-pq, thE:}·differ~hp~:in'46st,cif'~rticJe(s)and or service( is) base'd on .Contract inforrn~ti6n. . ..

The Coubty+e~ery~s:.fil~righ(_tq b¢:c.ompen~~t~d deducting mqnies owed tQSUf~essfufbidder:kom the ccmtract.information·an<:l :or inypicing tbe:suGces~ful bidder upon· notification, of:the _default. . . • . 'i. . .. - • •·• . - • -_ ·. - . - : . . • • ~ :;:c.•- . ; ~. . . : . · · INTE_N:r:-Th~Gqt/ntyis{n~ne.~!Ji.Pf'Gold~Mi*l3n9,HotMix AsphaltGqncrete Materi.a,lifor lt~;rpad_·f:?~pj~9~s. Qye to>ihcreasing:ttfel'.costs,·it is·.more'economi¢al·fodhe CountY to award tW:o (2). contra¢ts .. One,Jordhe-South .- . __ -_._ :~:.·-~------· .. · .• , ~-= ,.··:·-·--_•.-'.-.· _,:::·-'-: .... ,_., .. ,·.· :'." .·::;-:-;:,.:.·-'."•··, . -·' . ., - ·-,; --. ·,._'_ ,:_1 •• ,,.,_ • .;. __ ...... '-._.-;',!¥·-;·''_,--..-~:-._-:"".-'";.:
end·_ar,lq one::fq(tt:i.~North ~nd qf:the _Qounzy.': For the. purpp~e of this bid, Avehlie 232 will-be used.:ai:ftlie. dividing line.. , · · -· .- · -·· · --. · ,·_:·.

ATTACHED .SHEETS:. The atta.c~~dsheets indicate the condition of the~ bid and- qontrac;t, speGificaticms, using~, dep~rtmerits';ana a.gehqie~; al'ld. estim$.t~d ·quantities of the pr6ducts to be· usedfotone. (1} year.

Quantities estirr~ated will be used forh~sis _of.award and are based ori _past year·~ usage. -AND.SI~~~t~~;~~~~~N~g~f~~~~:~~~:e~s~l~~ ;-~~t~~11PR'S.BIO.

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BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT RETURN BID WITH THIS FORM.

Signature Page

VENDOR TO COMPLETE THIS PAGE

PARTICIPATION
The County is currently a member of the Central Valley Purchasing Group which consists of Fresno, Kern, Kings and Tulare Counties, and the Political Subdivision, Municipalities and Tax Supported Agencies within these County boundaries. Whenever possible, these entities wish to co-op (piggyback) on existing bids. Please state if your bid will or will not be extended to these entities under the same terms and conditions as stated in this bid.

Select YES or NO.

DOES COMPANY MEET THE REQUIREMENTS OF A "LOCAL VENDOR" (Refer to Section 31) Select YES or NO.

Undersigned agrees to furnish the commodities and/or services as stipulated in this REQUEST FOR BID at the prices/fees, terms, and conditions stated.

Company: J~xor"1 tn.\<rtfi 1 <..-S
Address: Zl l.?., I f;\y <- \ l..o
~~ D~ Crc..-e.-"- &2~\,~
County: ~let I"(.

City('\ _ .
wwvi\l-c....

Signed By: va!:XA ~ PfS:rr'l &Ak:El
Title: '5::s._\-e) Q. . Date: ~
Note: This. signature page must be turned in with your Bid

ICJ, 2.o~"S •
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BID NO. 24-006 - %"-%" COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

1. PREPARATION OF BIDS

REQUEST FOR BID

GENERAL CONDITIONS
A. All information requested of the bidder shall be entered in the appropriate space(s) on the form.

Failure to do so may disqualify your offer.

B. Any Attachments and/or Exhibits are herewith made a part of this Request for Bid.

C. All information shall be typewritten or clearly printed. Mistakes may be crossed out and corrections inserted before submission of your Bid. Corrections must be initialed in ink by the person signing the Bid. Bids may be completed manually and scanned for submission.

D. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the bidder.

E. To be considered, bid~ must be submitted and received by the Purchasing Division on or before the Deadline for Submitting Bids.

F. Bids will be accepted via hard copy delivery at Tulare County Purchasing, 2637 W. Burrel Ave., Suite 200, Visalia, CA 93291 or via electronic submission on www.bidnetdirect.com. If bids are received after the deadline, vendors will be notified via electronic mail of the late submission.

Timestamp will be used to determine timeliness of submission. The County is not responsible for late submissions due to delays in electronic delivery.

G. All bid prices shall be F.O.B. County of Tulare.

H. Bid prices shall remain open and valid subject to acceptance for sixty (60) days after bid closing date.

I. Prices bid SHALL remain firm for a minimum of 120 days after award to cover subsequent purchase requirements.

J. Prices bid by bidder are considered accurate and cannot be withdrawn after the bid is closed.

K. Upon submission of biddo9uments, all such documents shall become the property of the County.

L. Time of delivery sh~ll be stated as the number of calendar days following receipt of the order by the bidder, to the receipt of the goods or services by the County. Time ofdelivery may be a · consideration in the award.

M. Prices will be considered as net if no cash discount is shown. . -- . ~: . - .

N. Provide any other information notspecifically requested which may be considered by the Purchasing Agent ·(Purchasing Agent is not obligated to consider any information not specifically reque~te~ in this _bid _request.) · ·

0. Tulare County generally solicits bids from a wide variety of bidders which may include retailers, wholesalers, suppliers, distributors, etc.

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BID NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

BRAND NAMES/QUALITY
A. Brand names and numbers, when used, are for reference to indicate the character or quality desired.

B. Equal items will be considered, provided your offer clearly describes the article. Offers for equal items shall state the brand and number (or level of quality if item cannot be identified by brand and number)
C. Equal items will not be considered if identical supply has been determined a necessity and the notation NO SUBSTITUTE has been entered.

D. When brand, number, or level of quality is not stated by the bidder, it is understood the offer is exactly as specified.

E. · The Purchasing Agent shall in all instances be the final judge in determining whether the items bid are acceptable to the County, and whether the items bid are equal in quality and utility to the specified articles. ·

3. SAMPLES
A. Samples of articles, when required, shall be furnished free of cost of any sort to the County of Tulare.

B. Samples of articles selected may be retained for future comparison.

C. Samples which are not destroyed or consumed by testing, or which are not retained for future comparison will be returned upon request at bidder's expense.

4. TAXES
A. Tulare County is exempt from payment of Federal Excise Tax. No Federal Tax should be included in the price. Exemption C~rtificates will be furnished when applicable.

B. Unless otherwise definitely specified, the unit price stated herein does not include California State Sales Tax. Lump sum bids for labor and materials shall include all applicable tax.·

5. CASH DISCOUNTS
In connection with any cash discount speCified on this bid, time will be computed from the date of complete gelivery of the supplies or equi~ment as specified, or from the date correct invoices are received if the latter date is later: than the ·date of delivery. For the purpose ofearning the di~count, payment is dee!Tied to be made on the d*e of in ailing of the County warrant or check.

6. USAGE
Usage of materials will be intersp~rsedand periodic during the contract year, and as such will not be subject to shipment of the total estimated1requirements at any one time.

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BID NO. 24-006 -%"-Y." COLD MIX MATERIAL & Yz" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

7. QUANTITIES
The estimated usage for each item is based on the experience of the past twelve ( 12) month period or are estimated requirements for one (1) year. It is not expressly implied, nor guaranteed, that the quantities shown will be used in the next contract period, and as such, the right is reserved to order decreased or increased amounts from those listed, as may be required. However, it is to be understood that these figures are quite realistic and will be considered in making an award. Actual usage whether lesser or greater than estimated shall not affect the prices as bid and accepted by the County.

8. INCLUSION IN THE CONTRACT
The County departments and governmental entities listed are those which will participate in the contract.

However, the right is reserved by the Purchasing Agent, at his/her discretion, to include any other County department and/or governmental entity in the contract at the accepted prices.

9. LITERATURE.

Bidders shall submit literature which fully describes items on which they are bidding, no later that the dosing date of this bid. Any and all literature submitted must be stamped with bidder's name and address.

10. GUARANTEE AGAINST DEFECTS
All items are to carry a full guarantee against defects in materials and workmanship and guarantee against breakage and other malfunctions when performing work for which they are designed.

11. PRICES F.O.B.

Quotations are to be F.O.B. PLANT LOCATION.

12. MINIMUM ORDER
Bidder's offer must indicate minimum order quantities and charges for less than minimum order · . quantity. If not stated; it will be assumed there are none.

13. AWARD
The County of Tulare reserves the right: (1) to award bids received on the basis of individual items or groups of items, or on the entire list of items; (2) to reject any or all bids, or any part thereof; (3) to waive any informality in the bids; ( 4) to make partial awards or award to more than one 'vendor (if vendor bid prices are based only on an "all or none" award, vendor just so specify within the bid); and (5) to acceptthe bid that is in the best interest of the County of Tulare. The Purchasing Agent's decision shall be final.

A combination of the follpwing factors will be considered in awarding this bid.

A. Prices
B. Bidder's previous records of performance and service c. Ability of bidder to render satisfactory goods or services in this in$tance - . . - . ~ -- -- ' . - - . . .

D. Quality· and conformance to specifica~ions
·The County shall be the sole judge in making this determination.

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BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

14. RENEWAL
The contract or purchase order resulting from this bid may be renewed, by mutual consent, for an additional two (2) one ( 1) year terms provided the prices, terms, and conditions remain the same.

15. QUANTITY & QUALITY OF MATERIALS OR SERVICES
The successful bidder shall furnish and deliver the quantities designated by the Purchasing Agent.

Packing slips which clearly identify the merchandise and a listing of the County of Tulare's Purchase Order number must accompany every delivery. All materials, supplies or services furnished under contract or Purchase Order shall be in accordance with the county specifications. Materials or supplies which, in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications shall be rejected and promptly removed from the County premises at the bidder's or contractor's expense.

16. INDEPENDENT CONTRACTOR STATUS
This contract is entered into by both parties with the express understanding that CONTRACTOR will peliorm all services required under this Contract as an independent contractor. Nothing in this . Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers· as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone ·it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any superVision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY'S employee, CONTRACTOR is responsible for paying all required state and federaltaxes. In p~rticular, COUNTY will not: ·
a. Withhold fiG~ (Social Security) from CONTRACTOR'S payments. . . b. Make state or f~dereil unemployment insurance contrib~tions on CONTRACTOR'S behalf. c. . Withhold· state or federal income tax from payments to CONTRACTOR. . d,:· Make disability insurance contributions on behalf of CONTRACTOR. e .. O~bta!n unemploynienf compen~ation insurance on behalf of CONTRACTOR. . . - ·. ~ . . . . . . . . ' Notwithstanding this inqependent contractor relationship, COUNTY, through the Purchasing Agent, shall have .the ri_ght to desigri~te the sites at which services are to be performed, ~nd to monitor aiJd evalt:~ate the' performance of CONTRACTOR to assure compliance with this Contract.

17. RIGHTTOAUDIT
The County. of T~iare ··reserves the right to verify, by examination of the successful bidder'~· records, all ·· invoice<;! af.ndur1ts when firm prices c:~re not set forth in the Agreement or purchase order resulting from · this bid. ·. · · · · · · ·

18. ·LIABiliTIES
A The succe~sful bidde(spall. hold th~ County of Tulare, its officers,. ~gents; and emplpyf;)es harmless . . from liability of any riatlire o'r 'kind ,because of the use of any cO'pyrighted composition, secret proces~. patented Or unpatented in\lention, artides or appliances furnished ot used .under the agreementor purchase. order resulting from this bid, and agrees to defe.nd, at successful bidder's own expense, any and all actions brought against the County of Tulare or successful bidder because of the unauthorized use of such articles . . -.. ··. .

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,. ~ -. . " . ';,:-:-·- . - ._ .::.:.

BID NO. 24-006- %"-Yz" COLD MIX MATERIAL & Yz" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT B. INDEMNIFICATION: Bidder shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kinds, including death or injury to any person and/or damage to any property, including County property arising out of the acts or omissions of Contractor or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against County by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by Contractor, and any claims made against County alleging civil rights violations by Contractor under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act). Contractor specifically agrees to hold harmless and indemnify County for any and all claims arising out of any injury, disability, or death of Contractors' empl.oyees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract for any extension of this Contract.

C. The foregoing obligations will continue beyond the term of the contract or purchase order resulting from this bid as to any act or omission that occurred during its term or any extension thereof.

19. ·. DEFAULT BY SUCCESSFUL BIDDER
' '
·.·. A. . In case. of default by.successful biqder by non•delivery of article(s) and or service(s). on or before .. the delivery date. The County may procure the articie(s) and or service(s) from another ~ource ·. and ma}/reeover cdsts from successful bidder. The successful bidder may be charged, cost:of · transpo.rtation, the difference in cost of article(s) and or service(s) based on Contract information.

The County res.erves the ,right to be compensated deducting monies owed ti:::i succe~sful bidder from the Contract information and or invoicing the sucicessful bidder upon notifi~tion of the default. · · ·
. . - . .

B. . lnsp~ction qn deliveries which do not meet specifications, will be at the expense of succ~ssful · ~~ ' . . ' . 20 . .PRICES
During the period of d~liyeries ~nder ail. agreement or purchase order resulting from this. ,bid, should there ,b~ a de~re~s~ hi pr(c~s: on the balance of the deliveries, such decrea:s.es shall be rn~de ayailable to the Cqurity f()(a~ lc)ng ~~the iower.pri9es are in effect, but at no time shali tl:le pric~s .chargecj t~e .County exce~d the prices. herein quoted; · · · · · · · ·

21. DELIVERIES/PICKUP
. CouritY personnel or theirrepresentativE:l will pick u.p material from the plant location as indicc:~ted by the . succe~sful·bidder. Freql!E:lricy ,of pick .ups will be determined by the n~eds.of the·using. pepartiiJent or .. :agenc{and:wi.ll be interspersed throughout the contract year. The succ~ssful biodershaltbe exp~ct~d tomaintain:(! normal dE:}IiVe_ry'tirne Which is established as being within forty.:eight (48) hours after re~eiptqf order. ' ' ' . ' ' ' '. ' ' ' . ' .. ' ' The_ Sl!CCessful bjqder st1<;~il,be ~~pect~dto load materials into Cqi,Jnty'Stf"l!Cks in a prqf~ssional and responsible mariher;· with~ care notto cause contamination· of materials. . . • ' . .

22. · CONTRACT EXCLUSIVE.

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'.· ;.·- · ... ·~ ' ·,
BID NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

23. TERMINATION OF PURCHASE ORDERS OF AGREEMENTS
A. Purchase orders or contracts which extend into a subsequent fiscal year will automatically cancel if the Tulare County Board of Supervisors does not appropriate funds for the goods and/or services under the purchase order or contract.

B. The County of Tulare may by giving ten (1 0) days written notice to the successful bidder, terminate the contract or purchase order resulting from this bid prior to its expiration for due cause. Due cause for termination shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.

C. The County may, upon giving thirty (30) days prior written notice to the vendor, terminate the contract or purchase order, with or without cause.

24. MERCHANDISE RETURNABLE FOR FULL CREDIT
Successful bidder agrees to give full credit to the County for any merchandise returned in good condition.

25. · INVOICING .
· All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order or contract. Reference shall be made to the purchase order or contract number.

Invoice shall be paid once a month on all deliveries made during the month in accordance with the · County's normal payment cycle. . .

26. VENDOR ASSISTANCE
.successful bidd~r shall furnish, at no cost.to the County, a representative to ~ssist Cm~nty departments indeterminfn~f their prqduct-req_uiren)ents; · · · ·. · · · · 27 .. RENEWAL
The contract or purchas~ order re~ulting from this bid may be renewed, by mutual consent, for an additional three (3) one (1 )year terms ptc:ivided the prices, terms,. and conditions remain the same .. · 28 .. NON:-FUNDING CLAU~E . · ..

Funds -provided -for commodities or services uncler the terms of this bid are. contingent on availability of public funds .. Should sufficient fuh~S not be allocated during those terms, ilmounts due: may be . modified or t~rminated atE)ny time by the County upon thirty (30) day notice: Notice shall be' fuliy givenin writing or through service iri person or by first class. mail. . 29_ .. PARTICIPATION
The Cqunty is currently a member of the Central Valley Purchasing Group which consists of Fresno, Kern, Kings,. and Tulare Gc:iullties, and thf:) Political Subdivision,. Municipalities and Tax $l,lppoited ·.Agencies within these ,County boundaries. Whenever possible; these. entities wish to c<;>~op (piggy-back) on existing bids or proposals.· Please $tate if your bid or proposal. will, or wm·not. be extended· to these entities under the same terms and .conditions as stated in this bid or proposaL ' ' . . . ' . . . . .

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... · .. , ·._·;.·
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BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

30. RESPONSIBILITY FOR GOVERNMENT ENTITIES OTHER THAN COUNTY Those governmental entities other than the County who are listed (or who have sub sequentially been included) have signified their intention to participate in the Tulare County agreement or purchase order resulting from this bid. Participation will not impose any responsibility for payment of claims or any ·responsibility whatsoever on the Tulare County Board of Supervisors or the County Purchasing Agent.

Each such governmental entity will be billed separately, and payments will be made by warrants drawn . on the appropriate funds for the governmental entity.

31. LOCAL PREFERENCE (Section 1-03-1301 of the Tulare County Ordinance Code):

A. Whenever the County purchases supplies, materials, equipment or services for the County through · the use of competitive bids, the County in evaluating the price for such supplies, materials and/or equipment shall determine if the lowest responsible bidder is a local vendor as defined in this section; and, if so, the contract shall be awarded to such vendor. If low bidder is not a local vendor, any local vendor who submitted a bid which was within five percent (5%) of the low bid announced by the County shall have the option of submitting a new bid within forty-eight (48) hours (not including weekends and holidays) of the time indicated in the bid documents for the opening bid.

Such new bid must be in em amount less than or equal to the low bid announced by the County . . County shall award the contract to the local vendor submitting the lowest responsible bid withins~id . 481~our~ p~riod. If no new bids received within said 48 hour period, the contract shall be awarded to the qrigiriallow bidder as announced by the County. · · · B. "Local vendor" shall mean any business which:
(1)
(2)'
(3)
has had a fix~d offjc;e. or distribution point located in and having a street addr~ss within the Counzy of Tulare for at least six (6) months immediately prior to the issuance ·6f the · . . request for bids by the County; and . . . . . . . . . . - . . . . . - . . .
. holds any required busines~ license by the County or any city within the County; and, . . . ' . . . . . . . employs ~Ueasf~ne (1) full~time or two (2) part-time employeeswhoseprimary r~sidence is located ·wittiirUh~ County, or if the business.'has no employees, shall be'atleastftfty perden~ (50%) owned oyoneor more persons whoseprimary·residence is'locate~cwithin Tulare county. ·. · · · · C. . Any vendor claiming to be a .local vendor as defined above shall so certify to the Purchasing Agenti)~,"iridic;atirig Y~s;9rno'; belc>yl(_and signature a~ bid document. TheGourty Py.h:::ti~sing .

Agent st:tall.have· sole discretion to determine if a vendor meets the definition. of a "loc~ll vendor" .. .. -·· ... . .._, .· '. . ,, . - . ' -' . . . . -· ' .· .

D. · · Any person or business falsely claiming to be a local vendor shall be ineligible to transact any.·. t>uslne~~ with:the ·countY fora pedod of not lessthanthree (3) months or riot more th~n twenty~· . four (24) month~ ~s dete'fniin~d ii'rthe sole discretion 'of thij Purchasing Agent. Th~ County shall also have the right to t~rminate airor any part of any contract entered into with such. persori or ~usiness;' . ': . ·: · · ·· · · ·· · · · ·· · · E. . Prior tott)e c()unty qe9laiing any person or business not a "local yepdor" or ineligible to transact business ~i~'th~ C~unty, ~uch p~rs()n or business s~an be.~ntitl~d to, a put?lic h~arihg before the Bo~rd qfSu8ei;vis,o~s:andJo aJiVe {5) day notice of theti111e an~ plac~~th~reof. . · . . ·. . · . F. This prefe~e'nce shali not apply to transactions required by state or federal statutes or regulations to be awCirde~ to th~ "lowest respgnsible bidd~r'', or otherwise exenipte~ {ror:n loc~l_preferences. ' : ' < L ~ • ' ' •• - 0 0 0 0 ' ·, ' • r' .. • . Page 9 of20
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BID NO. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

32. DEBARMENT: Contractor guarantees that it, its employees, contractors, subcontractors or agents (collectively "Contractor'') are not suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal state funded health care program, or from receiving Federal fund as listed in the List of Parties Administration. Contractor must within 30 calendar days advise the County if, during the term of this Agreement, Contractor becomes suspended, debarred, excluded, or ineligible for participation in Medicare, Medi-Cal or any other federal or state funded health care program, as defined by 42. U.S.C. 1320a-7b(f), or from receiving Federal funds as listed in the List of Parties Excluded from Federal Procurement or Non-procurement Programs issued by the Federal General Services Administration. Contractor will indemnify, defend and hold the County harmless for any Joss or damage resulting from the conviction, debarment, exclusion or ineligibility of the Contractor.

See Exhibit A, attached with instructions and signature page that must be signed and submitted with this Bid.

33. ON-LINE ORDERING
In keeping with the advance in technology, the County of Tulare is implementing on-line ordering as opportunity allows. Can you provide online inter-net ordering,:; . . · YES /' NO
Can you provide your commodity catalog either from your website or by Excel spreadsheet? •.. . . . . YES _j_ NO
34; INFORMATION
Information regarding the results of any bid may be obtained at the Tulare County Purchasing Department, 2637 W. Burrel Ave., Suite 200, Visalia, CA 93291 for a period of ninety. (90) days from the·openihg date of the bid. Bid tabulations will be made available for review three (3) days after bid opening date and can be obtained from the Purchasing Department clerical staff.

35. SPECIAL CONDITIONS
Special Conditions attached hereto supersede the General Conditions to the extent of any ·inconsistency betweenthem. ·
. · 36 .. HEADINGS
. .

Headings are p~ovided for organizational purposes only and do not in any mann.er affect the scope, meal"lirig or intent ofthe provisions undedhe headings. . .

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.... , ....
. . . . _. ;..:_,' -··~, .·• ~- . ~: ·.: . ' .. - .. · . -. ' .. ~ . ~-;-
. ~:. ·, ·._ . ··:·._,·
BiD NO. 24-006- %"-W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

37. OTHER PROVISIONS
A. PRICES shall be firm for the contract period ending JUNE 30, 2024, unless otherwise stated by the bidder hereon:

B. MINIMUM ORDER quantities and charges for less than minimum order quantity shall be assumed as "NONE" unless otherwise stated by the bidder hereon:

C. STATE PURCHASE ORDER mailing address, e-mail, and telephone number for ordering purposes:

Javsoo 6-Hecpeises- 1 Pofu.5 99L\Z.'-\-& 1 R~d;")"C~ 9'o9q-Y2.~9 <y~~o.K"6n GlCjjf~~eS.Con-a 1 (J{J_J- 372-222.8
D. STATE REMITTANCE mailing address and telephone number for payment purposes:
j~,;on £1?krpri5CS) fo &vr qq4zt.J81 1(.ec~J,~ 1CA '1/poCfCf- 4Z'/8 5 3ti -Z'-4l- 2.ll z_ . .

E. DEFAULT BY SUCCESSFUL BlDDER: In case of default by successful bidder by non~delivery of aiticle(s) 'and or seryice(s) oil or before the delivery date. The County may proqurethe article(s) and or service(s) from another source and may recover costs from successful bidder.

The sucqe5$ful bidder may be charged, cost of transportation, the difference in qost ofarticle(s) and orseivice(s) bas,ed ori Cont(actinformation. The County reserves the right to be . compensated deducting monies owed to successful bidder from the Contract information arid or invoicing the successful bidderupon notification of the default. .

E. . COMPENSATION ADJUSTMENTS for price index fluctuations for liquid asphalt, as setforth in the attached Exhibit s,: apply. ' · . ~-- ·.
.p~ge 11 of20
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BID NO. 24-006- %"-Y." COLD MIX MATERIAL & Y." HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . 38. INSURANCE:

Prior to approval of a Contract by COUNTY, CONTRACTOR shall file with the Purchasing Division of Tulare County evidence of required insurance for installation as set forth in EXHIBIT C, attached.

Insurance policies shall not be used to limit CONTRACTOR'S liability or to limit the indemnification provisions and requirements of this contract or act in any way to reduce the policy coverage and limits available from the insurer(s). The insurance coverage shall be issued at the expense of and maintained by CONTRACTOR during the entire term of the-Contract. CONTRACTOR shall provide renewal policy documents throughout the life of the contract.

39. CAMPAIGN CONTRIBUTION DISCLOSURE
All bidders (potential contractors) must complete and submit with their bid, the Campaign Contribution Disclosure Form. Exhibit D attached with instructions, information, and a disclosure form must be signed and returned. For additional information, please refer to: Government Code section 84308
https:/lleginfo.legislature.ca.gov/faces/codes displaySection.xhtml?lawCode=GOV&sectionNum=8 4308
FPPC Regulations 18438.1 through 18438.8
.https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=l7624 5C705AOA 11 EC8227000D3A7C4BC3&originationContext=documenttoc&transitionType=Default&c ontextD%20ata=%28sc.Default%29&contextData=%28sc.Default%29 40; NOTIFICATION REGARDING CONTRACTOR AND GRANTEE COMPLIANCE WITH ECONOMiC :- SANCTJbNS-IMPOSED JN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE -The attac:t)ed E;xlli_bit E sets Oljt infOrrQ.~t!on reg·arding the obligatipns. of County Gontra9tOrf) to comply with existing economic sanctions imposed by the u.s. government iri response to Russia's ·actions in Ukraine, as well as any sanctions imposed under stat,e law.

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·":. '.
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BID NO .. 24-006- %"-%"COLD MIX MATERIAL & %"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT SPECIAL CONDITIONS:

SPECIFICATIONS
· Plant Run Cold Mix- %" and Y2" mix as per CaiTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CaiTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of Californa, Department of Transportation, Division of CaiTrans for such Plant Run Cold Mix or as requested by County representative.

DELIVERIES: D~_liveries are to be made at the vendor's plant and/or storage location as required. • Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date. ·
GUARANTEE OF DELIVERY: A continued, uninterrupted and guaranteed availability of Cold Mix :Material is<irnportant and necessary to the County for the economic completion of its road work projects. ·
PRICES: Prices shall be F .0.8. Plant Location and shall exclude Federal Excise Taxes, fqr which the · Co~_nty is exempt. Califor_!1ia State Sales Tax will be allowed on the net bid price. The price per ton · , sha.ll include all .fees for the duration of the contract. Example, environmental fees, etc. , NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds a\(oirdupois. •BID, PRICE: . ........ ;_._·:·
. . .
.. 4;000.Tons t()~~l ,estir)1a~~d. qqantitythrough June 30, 4024. . . - .·. .. .·.··· •· ·••· · _.-.: Appiic~bi~-.$ales t8}(~ in additicm to ;th~ price indic~ted. · · 2,000 T~ns-.S~l;)TH.COUNTY ~--· 5t..f 7 5 PER TON (includes, all fees). •. . •;;' ; ·: '. < " 0 ••• ' : . . : ' ;' . . ' '5 ~ ., s · 2.000 Tons :NORTH COUNTY $ PER TON (includes all fees) ,•.- .. J .. • - . %11·PLAN:rRUN:COLD MIX WITH OIL :-_··-.' :_-: :-: .• _,, .. ".! . .. ·_ ·. · ..
· 14;000Tonstotah;lstimated quantity-through June 30,2024. -· -·;, .· · ..... · . .. . . .· ., . ' . . Af:lp!icE.t.ble• ~al~s Tax .jfJ (iddition ·to the price indicated . . .,,O~O~o~s:··S~UTHQO~NTY $ · . . 5Ll 00
PER.TON (inGiudes_all fees) .. · . ' . - ~ . ·-. \"·"• ;·· .·7.~-0~,l"ons NQRTrj qoqNTY ·. $---'-_S_Y ____ ·""""o----- PER TON (includes all fees)

\ .

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BID NO. 24-006- %"-W' COLD MIX MATERIAL & W' HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT BID PRICE ·Continued:

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer. _<:>_~_;;...._ _______ _ INDICATE PLANT LOCATION/SHIPPING POINT: 2.1 url ~'IL \ ?..D, Por.J-Grv,'llc... I CIA

9.3z.t;7
Compensation adjustment for price index fluctuations applies to this contract per Exhibit B, attached. %" HOT ASPHALT CONCRETE
Asphalt Concrete shall be Type B, %"maximum and shall conform to the provisions in Section 39, "Asphalt Concrete", of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CaiTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10. 6,000 Tons total estimated quantity through June 30, 2024.

Applicable Sales Tax in addition to the price indicated. 3,000 Tons SOUTH COUNTY
3,000 Tons NORTH COUNTY $ (pD oo
PER TON (includes all fees)
PER TON (includes all fees)
The amount of asphalt binder to be mixed with the aggregate for Type B asphalt concrete will be determined by the Engineer_o=--lu_ .... _-+/-------- INDICATE PLANT LOCATION/SHIPPING POINT:'Z.. ( tt, \]
Compensation adjustment for price index fluctuations applies to this contract per Exhibit 8, 0,~ 2..~ 7 attached.

PARTICIPATING DEPARTMENTS:

RMA Road Yard #1, Porterville
RMA Road Yard #2/3, Visalia
RMA Road Yard #4, Dinuba
RMA Road Yard #5, Terra Bella
Note: Page 13-14 must be completed and submitted.

ATTACHMENTS:
**EXHIBIT A, DEBARMENT- MUST BE RETURNED SIGNED WITH THIS BID FORM. **EXHIBIT D, CAMPAIGN CONTRIBUTION DISCLOSURE FORM- MUST BE COMPLETED AND

RETURNED WITH THIS BID
**NOTE: FAILURE TO SUBMIT THE ABOVE-REFERENCED ITEMS AND BID FORM SHALL CAUSE BIDDER TO BE NON-RESPONSIVE.

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BID NO. 24-006- %"-Yo" COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

EXHIBIT A

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this bid, the prospective primary participant is providing the certification set out below. · ·

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. ·

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, · in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
· •. · .. · 4: · The prospective primary participant shall provide immediate written notice to the department o{ agency to· wl1ich this bid is submitted if at any time the prospective primary ··· participant learns that its certification was .erroneous when submitted or has bec_ome erroneous by reason of changed <?ircumstances.
.. 5. . The. terms cov~rec;l tran~acti_on, debarred, s.uspended, ineligibl~, lower tie'r poyered tr~m~action,: .participant,· person, prirf!ary. covere.d transaction,· prinCipal, .. bid, and· v6!uritarily ex~luded, as used ih -this clause, have. thE:~ meanlrigs set out in the Definitions and Cpverage · sections ·otthe·, rules. implerrteriting Executive Order 12549. You· 'may c6ntacttlie depaf.tmenf9r · · agency to which this bid is being submitted for assistance in obtaining a copy of those regulations. . 6. . The · prospective· primary participant agrees by submitting this bid that, should the · proposed . coveted transaction be entere.d into, it shall not knowingly enter into any .lower tier ce)veted tra11saqtion· with ~ person who Is proposed for debarment under 48 CFR''part 9, subpart 9A; debarred, .·suspended, . declared ineligible, or voluntarily exCluded from participation· in this · · .· coveted transaction, unless' authorized by the department or agency entering into this transaction. ' ,-· .. ' . . . . .. : . . . ' '. · 7. The pro~pective p~i[lary pa_rtiq_ipant further. agrees by submitting t~is. bid. that it will i,.;qlude ·the . clau.se titied ''Certifi~~tion~-Regardin'g · Debarment Suspe'nsion, h1eliglblllty anct VoiLintaiy -~xdusion-Low~f Tier -~6\fe,re~ Transa¢lion'j'. provided by the departrrieri.f or agency eR~~ring 'i!Jt() this covered transaction, WithOut modification, in all lower tier covered transactions 'and in ,all . solicitations for iower tiercc)vered transactions. . . . . . . : . ~: ·, ' . .• • ... ·.:. ' ( . - . . Page 15 of20 ·
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BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE - MATERIAL CONTRACT

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower"tier covered transaction that it is not proposed for debarment under48 CFR · part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the. covered transaction, unless it knows that the certification is erroneous. A participant may d~cide the •. method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties· Excluded from Federal Procurement and Nonprocurememt Programs.

9. Nothing contained in the . foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The .. · knowledge arid· information of a participant is not required to exceed that which is normally . possessed by a prudent person in the ordinary course of business dealings. . . . 1 0. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, . .debarred, · · .·: in~llgible, or volt.intanly ·.excluded _ from participation in this transaction, in addition ·to other .. _ remedies available to the Federal Government, the department or agency may term_inatej this . . . transaction for cause or default. .
-CERTIFICATION
.I
.•. _ . (1) The prospective pi:imacy participant certifies to the best of its knowledge a_nd belief; tQat . • . it and its priricipc:lls: -. . - . . ! ... ·: .. :. ·· •. -.. ~ . .. ·. (a). Are not·pre~ently ~ebJ:~n;~d, suspended, proposed for debarment, declared _ ineligibJe, or vqlupfaril}texcluded by any Federal department or agepcy; -.. . ·. : ·_ --. ·: . ; . - · .. ·. . . ' ....
• . (b) Have .n9t ~it~il1: a 1h~~~7¥!3~t period pr~ceding tri~: bic;i ~(:J,en, C<?r'!Yi,~te9. of pr · ·.had a civiljudgi;rlentre,nderep·'~gain~t them for comrnis.~ion offr~;aud or;,a ¢ritT:linal. · -qff~n~e in cohrf~~i9n With 6pt~!h.iog, attempting to obtain, ::or pen:Or_ming ~{ py~ifc · · (F~deta,l, ~tate~:.~r lo~1UraJ1~,a~~R>nor:~()ntta6t u·rider ~:publi~ tr~n~a~~,~~)l'l; vioi~tipn· :· . . -of;F~qerat <?r State an~itrust 5t(l,tO.e.!? orcomn'iission.9f .einbezile!T:l~rlf;.tl:l~ft. forgery;- -_ -·. · qri,t),efy,J?I~i~q~tipo- pfqE$tru,C,:t!<:>rt qf reC()rds, making f;:tiS_e st~tern~qts; or re~fjiyihg · ~tol~f.l,pi:ot>t:lttY;:· .. , .. _",:--·- · · - ·- - , . _, -- _.,, · '_ ..
. . . ·.·

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BID NO. 24-006- %"-%"COLD MIX MATERIAL & ~"HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT (c) Are not presently indicated for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and · (d) Have not within a three-year period preceding this application/bid had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in · this certification, such prospective participant shall attach an explanation to this bid. rinted Name Name of Agency or Company

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::-:

BID NO. 24-006 - %"-W COLD MIX MATERIAL & %" HOT MIX ASPHALT CONCRETE -MATERIAL CONTRACT

EXHIBIT B
5-1. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
·.G_ENERAL
Summary
-.. _.- .·
This section applies to asphalt contained in materials for pavement structural sections and pavement ~urface treatm~nts s_uch as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic -_-emulsions,· bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 pen~ent higher or lower than the price index at the time of contract. - The California Statewide Crude Oil Price Index is determined each month on or about the last _ business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista; · - . HuntinQton Beach; and Midway Sunset fields. -
lfa company discontinues posting its prices for a field, Cal trans determines the index from the •- 'ferJ:l(3ining posted prices. Caltrans may include additional fields to determine the index. · ·· For the- California Statewide Crude Oil Price Index, go to: - http:llwww.dot.ca.gov/hq/construclcrudeoilindex/
_ ·_ ·lfthe,ac;Jju~tment is a decrease in payment, the County deducts the amount from the monthly - pfqgre~s ·payment. · - ' ~ • ·/: •• > ·.- • • -
·.---ASPHALT QUANTITIES .. .. ',-=,.,.·,,-
. . General
-_ - c -I riterpr~ttheJerm "ton" as "tonne~ for projects using metric units . . ···· ... .--:· . -···----· .. -· .. '.. ·.· .:. ·-.. . .. . ... , . -· . 't~~*·:Mi~(A$p~alt(Plii~t-~~11-QQid'N.iix . - -·-
· The'-~-pgln~~r palc~late.s the:qu~ntitY of asphalt in HMA or PRCM using the following_ form_ula: - . . . · Qh = HMAn'x[XS/(100 ~)<a)]_ · . , ........... '.·._·:· .. _. -·. ,: ._ . . - ';. '- · .. where:- '. .-·. . . . . . . .
' - ' -
- . : i:.·;:qti_.=:=quantityjn tonspfasphalt used in HMA orPRCM HMATT~ .HMAor·PRCM;total_tonsplaced·
--. Xc;~:;:: theoretical'asptu:ilt content from job mix formula expresseci as percentage of -- -th-e_.weiglitofdr)l'aggfegate - - · - . - . . . . . . - . . . ... '.
-- Page 18 of20
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BID NO. 24-006 - %"-Y." COLD MIX MATERIAL & Yo" HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT . Hot Mix Asphalt Containing ~eclaimed A$phalt Pavement (RAP) . The Engineer calculates the quantity of asphalt in HMA containing RAP using the . following formulas:

Qrap = HMATT x [Xaa /(100 + Xaa)]
where:

Xaa=Xta-[(1 00-Xnew) x (Xra/1 00)]
and
. Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
· Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta =total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula · Xra = asphalt content of RAP expressed as percentage
· As.phaltic Emulsion
· The. Engineet calculates the quantity of asphalt in asphaltic emulsions, including fog . ·. seaJs andctack coat, ~sing the. following formula: ;. :I .· . '·', - . ' Qe =AETT x (Xef:100)
· W.here:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted ~sphaltic emulsior)s.total tons placed · · Xe = rf!iriim~um perCent: re~idue specified in Section 94, "Asphaltic Emulsions." ofthe · · • · Stan9,arcilc$P~~ific~tions b!=!Se~ on the type of emulsiqn used · .. , . :· . ' ', . . . · .. ,- .. : . . . ~ . . . . .. ·: · .. - ·. . . - - ' . . · :.:·Qth.~r'M~~e~,~~~ . . . . .- . .

F,or .other mat$r,ipl~ cor)taihing~agp~alt not 90vered above, the Engineer determines the quan.tity of aspfl;;~If(Qo). _ - . . · ... - . . . .. .

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BID NO. 24-006 - %" -W COLD MIX MATERIAL & W HOT MIX ASPHALT CONCRETE- MATERIAL CONTRACT

PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material containing asphalt is placed within 2 months during 1 estimate period, the Engineer calculates 2 separate adjustments. Each adjustment is calculated using the . price index for the month in which the quantity of material containing asphalt subject to adjustment is placed in the work. The sum of the 2 adjustments is used for increasing or decreasing payment in the progress pay estimate.

The Engineer calculates each payment adjustment as follows:

PA= QtxA
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
. .
... Qt =: Sum of all quantities of asphalt-contained materials in pavement structural ·sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe +. Qss + Qmab + Qo). ·
A =Adjustment in dollars per ton of asphalt used to produce materials placed in· the work rounded to the nearest $0.01. ·
For ~S Customary projects, use:
.. ·A= [(lullb)- 1 .05] X lbx [1 + (T /100)] for an increase in the crude oil price index exce.eding 5 percent
·A= [(lullb).;. 0.95] x lb x [1 + (T /100)] for a decrease in the crude oil price index. · ·ex~eeding 5 percent
Fpr: metric .projects, use:
.·A = 1.1 p23 x [(lu lib)- 1.05] x lb x [1 + (T /1 00)] for an increase in the cru~e . qi[pric~: index :exceeding 5 ·percent · ·
·: A= .1.1 023 ~-[(Ill lib)~ Cf95] x IQ x [1 + (T /1 00)] for a decrease in the crude oil .. price· inde)(ex9eeding_ 5 ·percent
·lu=~Califorr)la·$tatewide Crud~.QU PriceJndex for the month in which the quantity of ·. :' ' asphalfsubjectto adjustment was:placed in the work. . ' -lb¥ c·aJiforrtia~$tate..,Jiqe{Cr~aeQil 'Piice lhdex for th'e month hi Which the bid opening for ... -~- --:·tti~:p~Oi~.ct-.·o·cc~rr~-d~ :.· .. -, .· ·:_--.·· -- · _ . · - . · --·; ·. · ·- ,_ T :;: Sales ~nd·u~e t~.x·rate,·expressed as a percent, currently in effect in the tax jurisdiction ·.· . where the. rn~teti?~'!is placed, l(the tax rate in~ormation is not submitted timely, the . ·. . · .• statewide sales and use tax rate is used. in the payment ·adjustment calculations 'until the· tax .;:~te informati6·n is su6mitfeci. ·. · · · · · · . . ·--- ... "•' .. ; '•: .',".· ' ._. . ... - --. ~

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 109

EXHIBIT C
NON•PROFESSIONAL SERVICES

INSURANCE REQUIREMENTS
·~. ·. .. . .

CONTRACTOR shall provide and maintain insurance for the duration of this Agreement against claims for injuries to persons and d~mage to property which may arise from, or in connection with, performance under the Agreement by the CONTRACTOR, his agents, representatives, employees and subcontractors, if applicable~
A. Minimum Scope & Limits of Insurance

1. Commercial General Liability coverage of $1,000,000 on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury (occurrence Form CG 00 01). If a general aggregate applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 2S 03 or 25 04) or the general aggregate limit must be no Jess than . $2,000,000 ..

2. Insurance Services Office. Form Number CA 00 01 covering Automobile ·Liability, (any auto) of no Jess than $1,000,000 per accident for bodily injury and property damage. If an annual aggregate . applies it must be no Jess than $2,000,000.
· 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability ln~urance with limit of no less than $1,000,000 per accident for bodily injury ~r' disease. . . .

B.. Specific Provisions of the Certificate

1. If any of the required insurance is. written on a claims made form, the retroactive datemustbebefore . the date of the contract or the .beginning ofthe contract work and must be rriai.nte~ined and evidence of insurance must be provided for at least three (3) years after completion of the contract work. . .

2. . CONTRACTOR must submit endorsements to the General Liability refiecting the following ~' . ." ' . . : . . . . . . . . . . . provisions: . . . . .
a. The COUNTY OF TULARE, its officers, agents, officials, employees and volu'nteers are ~Q be . cciverecl as (Jdditionalinsureds as respects: /iabi/1ty arising ou(ofwor~ or bperatiohs · .peiformed by ~r On behai/ of the Cont;actor including ~aterials,. parts, or equfp;fi{!nt .. · .. · · , ,·jurniiher;J (n.t:onn~~tio_n.wjthsL/.ch work or operation. · .· ··· · ;: ': .... ,· · .. ·'' ,'·" .... "·". ,· . -q~ .· F9r a~y clai~s r(!fqted i:o this project, the CONTRACTOR's insurance cov,erage shall be · . pti'ma,Y'frili:Jrah~e!os resp~cts the couf.rrr, its officers, agents, officials, employeesand lloluriteers. An~insiii-tznce or~elf-insurante maintained by the COUNTY, its officers, ag~nts; . ~iJ;~iti/s, 'er1,piQ~¢~sor volw1t~ers shqllbe ~xcess of the coNTRACTOR's i~surance Cifrdshaii · : noi:'cor#~l6ute V.litli.it. . .·'. . . . . . . ' .·. . . . . . . c. . ~ach irisufarlce phiicy required by thfs agreement shall provide t~at coverage ?hall ... not be canceled, e)(cept with IA!iitten notice to the COUNTY . . ·- ./· ... '~.·'' . . . . . ,. __ .. :. ; :. - d. CONTRACTOR. iu~r/by grant's to COUNTY ci waiver .of any right to s~br;ogation which qny . .. irisuretofthe'CorlrkAcfdR mi:tyacqui'r~ against the CO UNIT by ~idue of the payment t;,j . ~anylass~u~"qe/s~thl~siiriJ-n~~;: tcmiRACrOR agre~s to obtafn ariy end.~rsement thq(~ay . · be necessary tO. ajje~t this waiver o/subroiJation, but this provisionapplies regardle?s: of -Whether or n~t the COUNTY has received a 'waiver of subrogation ehd.orsement from the i~'it/ri!,r. · : · ' · · · · , · · · · · · · · .. ·' ·, · , . :~ .. ' .. ·.: .. ;~' ,, .
- .. ' '·.'
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13.5 Consent Page 110
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3. . The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the COUNTY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.

CONTRA<;TOR waives all rights against the COUNTY and its officers; agents, officials, employees and volunteers for recovery of damages to the extent these damages are covered by the workers compensation and employers liability.

C. Deductibles and Self-Insured Retentions
Deductibles arid Self-insured retentions must be declared and any deductible_ or self-insured retention that exceeds $100,000 will be reviewed by the COUNTY Risk Manager for approval. . ..

D. Acceptabilitv of Insurance
Insurance must be placed with insurers with a current rating given by A.M. Best and Company of no less than A-:VII and a Standard & Poor's rating (if rated) of at least BBB and from a company approved by the Department of Insurance to conduct business in California. Any waiver of these standards is subject to ~pproval by the County Risk Manager. ·
E. Verification of Coverage
Rey. 12-18
Prior to approval of this Agreement by the COUNTY, the CONTRACTOR shall file with the submitting department, certificates of insurance with original endorsements effecting coverage in a form accept?ble · to the.COUNTY. Endorsements must be signed by persons authorized to bind coverage on behalf ofthe il"'!surer. The COUNTY reserVes the right to require certified copies of all required insurance polides at any.· time.

WAIVERS:

I represent and attest that I am a person authorized to make representations on behalf of the CONTRACTOR, and repr.esent the following: · · · · · ·· ·
(MarkX if applicable)
D Automobile Exemption:! certify that does n9t own nor use ~~hides in the,· · perforni~nce ofthe agree111ent for which this insurance requirement isattached. · ~.: .· . . Wor,ke'rs' Compensation Exemption: I certify that is not required to carry· work~rs' CO~lpensation coverage or has filed an exemption with the State pfcalifornia.a~ required .~~ .. . - lacknowle.dge and represent that we have met the insurance requirements listed above.

PrintN~me VA:tti Q:J\~~ Date: ~~\~/ Z3
~"'~~e(}.K.S clhc-.- .1:}.,- Creot.. ~i>y,c..-l'*-
s.gnature ' . . . ' . . •' ·.··:·. ' .··.-· .. :·... ... . . .

DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 111
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EXHIBIT D ··.•: ._.·:.
\ ... · .
·.~~~G~·CONtR~=:N°~t~=~RE.INFORMATION;_ . '·:~·-~;·;.:~·· .. -~---~.--..... -: ... ""···':·.<" ..·,c-.;::'•. •. . ,., ·-· .. ,:~ ···.·: .,.._.._,_., . . ' : ~ { .
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--· · · -. · Ttje.ato/ctted·,~~pa~il?~~~~~i()ll·P~!Qs\lre Form. must bt!· coinpl~t~.-~Y a~p1~cafltS·JorJ (,f_'~er~ris .. · · · · .- . whQ arethe:subjecfof,-arivJ:.(~inl:iovoiVing a liCense, permit, or othet.~nfft.l~menffot ~e~:i~c~uding . .. . ::~~--.,iimftolg~theBoard otsupeM~("S!!'inf'lot~.c:oom~:#ft~~ .•... ···IMPORTANT NOTICE
~~'«~~~(~.~ ~ the~•Aifl ~~~~~~.--!_h_:_-.·_,:·: . :~ : __ ,·- 1 '·. • -":· ',. • • :~.,:.·.-... -: ....... :..·;. .,_- •; A.
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.. Offiaaroralte'''ate:-wno:ma·:.:· 'rtid ttHif our. toci!edin :m · ·s:oliat:or:at:ce~~·acam ·· . _'_ ··- · #~~i~t§jj~~·4fT~i~t~~#;$~~~':~:~~rrns#::s.~J¥/ : ~-- <>;<;· '· •···· ::·.:·;~·:.-.'"~~ .~: :' .... -
· .. ~· .. ;:~-,~~~·~~:t::s::~~~~-~~~· .-.,. v,l)l:Uq!J'ls};.~rfd:~~net(s)_'in tlli$;pfoteedlng! AlSo inCluded are.~~i{~ aim~nieS ~n~l;s~b$\~~ary . .· • -• ·. --..,~ -"~' ~·~ ... '..,'·!"-'* ,. :; 2' ~'-, '-~ '•' ,. "''! - > Ll '': ""~ , .... ~~ "" ••• ~ ..... -~ .. : <c6mi:@N~( d!reaed.::~nd ·'co.ritr,Ot~- I:W- ·y()u, and P-OIItical'\actiOn-··Co.mm.~~, c;Jirei;,tecV,ai'ic;t -,:,:.~~~~_it~W~'V~~~/~~T):._ - ,-- . .. . - --· ,· ;_.·._.·.::'-- . '"•>···?-_- . __ , .. t~4;pn~~i!J~~~{~I.l9•~-~~~~t·<!·-~~··!ts;o:!~tl~tt1~- -' . . . . -~. ' : ' ' . . . . ' •' ·. ,'
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073 r: .

13.5 Consent Page 112
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1. .A·;.p~edlog;inVolvlng ~a_:licefi$e, permit;;or other ~titlement.fo:r os~"·. indudes ~dt~9,silless, · p~Q~{9nal;·i~t;te a.,d:iand useji~enses and permits,. and al1Qther:el1titlemerits tor~~~i iiiCI~mflg · · ~u: e.!lt~e(ne~~'for_ ~~~~ tis~, '~II contracts (othe~ .:than cp~·P~tiitv~iv: ,~id, labor:-or pel'$#~_al ·. -· ~r,ilploym~nt:~&'rl~ra$), 'an.d aU fra11chises• · ·

2. · YqiJr ~agent'' •iS ~mepne.~ho represents you in c;onnectlon With a pr«eediilg lnvoM~g ~ l!cense; . ,j:)ermi! g_r ot~~j',.~~titJ~·ent ·for• use. If an individual acting as .an ~e;it i$:·a~o _acti~ !h;~i,s or f1er · c~~<:~ ~s,aneniPki:Veeorm:emger of a lcaw. architectural, erigineer1rig, ci;ns1,Jitjng fi~,Qr similar btisine5s-efi~itY. :be)th:the bu51ness:entitV and the individual are ':''agellt.Sf Jo~; p\irpases.o_t these

3. ,.4.,
.·~r.Ui~" ; " ; . ' ' . . ' - ' •' < ,. . ' .·; '·· • - . r4determine Wllether ~ ~mpaign contribution ofmore than $2So has ~n made t;)yyou,_ . ea'n1paign :~nmi:Ji.iti~n,s.made·IJ.Y you wtthin the preceding 12 montiJS•rnust ~ ~~Cite,d W~h · · t.hbs~ ·~~CI.e ibv· Yi>~t ~'n,t ~witbin· the precedil)g __ 12 mprrths ~r th'e;· peijod: o(the. :~~!ltv:
r~~~~lbnshiR;JNbi~~tijs shQ'rt~r~ 'ContribUtions :made'by yp~r·m~jQ~lty Sh~'re.fl91d¢r':(ij;~~?~ly. ·- .· het~ cc)rp6~tit>r\), your- subContractor(s),. your joint ·ventu,rer(s); ·afld voiJr~~rt,net(s);in :tfiiS:i '· ··-~Ts;:4~=~~;::::;.~~=!tr~~~~~,·•• R~~~~q~:;~.~:e;pqtoaUi:{!~(~~·~ltl)::confrJ~,tJtiQnS to th~ firSt' Boar~~ rnei'nb.~_r b'gt~t:~·~~~~~~4 - ' · _ ~'·t9.~.1i~J::d.i~eit)bet.;o,., ~'!tat County ·officer:wh() may·~rtici~te iny9ur pi'(Jcee~fng~ ·•· · • "•. ', • ~·',_\ ' • ,• •' • •c ••::.:/~}· • z '. _" ; • • • .' "• :•: • .• • • ·' • • ., • •.; • • • ;_,,• • •; ' "•••' • •" • • • -~~;~~~ ~ft,he{pC?,~~~~~R!,rv~o~"~~mbe~ and other Co!J.nW 9ffl~J~Is ~~~~~~d .. ·/·.-·- ·:·· _.:
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 113
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·COUNTY Of TULARE
·. -·~MPAIGNtcONTRIBuTtON DlsCtOSURE FORM . ' .. 0 0 ', • '',~ •, ,• -~- ','' -~ .. -.-.- ' 'o •• >' ' _.., • ' ,0 0 '":: ._. • 0 •:•,• N 0 ·,- .·-
. • ~pRJication:()rSO_Ik:4at!611;~qril~n ... ,___...;.......;.,;.._~----,.--____,.__,._._,_--:-':""'"-::"'~-""'":""~~~........,.~ \ .. ppl!¢ati6n.orScllleitafion"~~e: • .... · ..;.;......... ,..,..,.... .;;..;··..:...· -'----.,..-------___;,.~-------..,..:--· ..,..;. ~····._· ·_··--~~ . -~\Al~s;a,C~IJlpatg~ contlibotiori~ regardless of.theldollar amount; made to-any. member pfttle Tular~ .ColirityiB.oarjjof $up~rvisor$ ~obtq·. any .Coi.!ntY ,Qffl~r 61) ·pr ~~r Jani.~ary l,, 2023, by t~~r appll~ii.~.:pr, if app~~ca~l~, jl'!'viof ~he · ~11l'!~pi:sR(Ol!O.·· ~iu1. ·Ctor,S:~;r.the:applicanrs~·agent.orlobbyist? · · · · ·. · · · ·· · · · · · · Yes .. _ -·--. . , . No . .
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ple~se.provide·thejfollowi~irjfortnation: -. ; - . • ..... ; '-- ·:·· - :""' :· . ·' ; . . • ! .. - ' . . . >A~pfi~nt:s:Name: ·;..·· ..;.....,.....-.;.~;;;:;_....;.,..,...;..;....,.,......-...,...._....;.,.. __________ ...,.....,:.,...;..;_....;.,......__..;.;._...,...~------......._ ,.· ·-~:~~::~=~!~!:~::~!t:~:?::~!.,..':.~· .--.;... ...;....__,;,....,...__.. __ ....;.,..__;_ _ __,......_-..:-.--...;....-~....;.,..~~~ '-;• ·-. .• ·:.-:. ---~ .. ·.. '':' ~ . .., --- . ., :-. .:-- ~ .. .• ·.::. ··:-1 ., ·. ,. ' . ::.,·.; '-~-- _,_, .. . "~~;!~~~~.~tiP~Pt1ch~:.~~~~¢4p~;~~~)
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Yes
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< ·. ~~~lt.~~~~~~b@r'*qq~.Agency o-. , , , . -· · · -~~sX6.fipoot,;i~uti9_n(sJ:· . . . . _ . .. '>:">:~:;: • ~··x · · • · •. . . ' .. · ~.:~t~1~~~Wi·,·,~~i;:·~:,:~tf'~. _·,-.. '\~!-::-. ;':'~>::, .. · . '.:: · '··_. _ _.: ·"-' .. ,:_' <':.2. ':;,. -·T.· .•. ~- }!e!~"~'~~~~.~l~: ·:~~~~-fi~{~l!o~.~-~.n.*!\Y"'-qdit!onai_BOard MefiJbers or Coa,nrty,.~~ncy-,Offi¢er,-tq wtlPin--'/9U,_., · ·· · · · .. tvp~f~~~Ii! . ~-~ii<f/or:~e6t/fb~yist rriadt!f~~paign contributiQn,s} -~.: . :_
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 114
·-: .. ~ :. / ~' -~ ~·-.. .

ATTENTION ALL COUNTY OF TULARE

CONTRACTORS AND GRANTEES
Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia's · Actions in Ukraine · - · - ·
.On March .4, 2022, Governor Gavin Newsom. issued Executive Order N-6-22 (EO) regarding sanctio~s in . resp~n~e·. to Russian.- aggression in Ukraine. The EO is locat~d at ' ' . · https:Oww.w.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executlve- · order. pdf - · · ·· · · '
The Eb directs all agencies and departments ~hat are subject to the Governor's authgrity to t;:~ke · cert~in -lmm-~diate ·steps>indudingnoti~ing.au co~tractors and granteesottheir oblfga~ions to·_ · .. ·- ¢e>m:plywithexi$ting ~cb.nomic:: ~anc:tions imposed by the U.S. governmenfin respon_~et()_·R.ussiais : . · c · a~tions in ukraine, a~ weu as:anv s~·nctions imposed under stat~ law. . ... ·- -... . . :. . -- ' '. --. -. . . ' ·.. . . . . . . ~· - . - . Thi~_~orreSf'Qttd~f!:c~-s~6;~s,CI~~C!~not!c:e und~t the EOthatas a contrac~or.or gre~ntee1 <:omplicmce · With';th~ ~tb~ornjc s~r\cti6ils im~os~d in response to R~ssia s actions' jn ·_·Ukraine 'ls:.r~ciuirec;l, ·. · ... in't'l~'tJin~rvJit~ tesp~ch:o; ~~th~t nrr;ited' to, the'·federal executive ~rde'fs id~~tifi~d i~-tw~:~o-a~d . -•· •. :. the· . ~~nctions . identified on .. the U.S .... Department . of the . Treast.ny -_. __ · .. website . . • • . ct:lftps:ilt1ome. treasutY:gov tpolicv-issuestfi nan cia.l-sa nctionstsa n ctions-progra ms-a nd~countrv- · · i~fofm~tidn/Okrai~e~r{i~sla~related~s-ar\ctions). ·Failure to comply may result in the termi~~tion~of · ._..;··.-.",·: ~-·.:.::·······;- ._······· ... ·'.~--·,-:, .. ·---.-·_;.::-~ ""t • - . · •• - • · .. -.~·- .contract:~()~ gra.nts,_as ~ppli~able ... - .• ·.. .;-~. ".:. "_.'< .. ;·-. _: _:·~.,; -~--~··· .•. ; • ; ,.,_ ., . ,.·' As a_<remind.et, agreements With the County of Tulare include portions which require 'compli~n'Ce. · ' · wft·h: alllot:al; stat~; and federal laws and directives which includes Executive .Orders such~~ the . . · ··Eb:·ars~~1·~~d·h~r~~tl)~i~o 'm.·av nota·p~ly to ~r effect your agreement::with'.th~ c6u'!1.tYfPI~ase~:­ .. · r~~:th:hi.J?io·o~r depait·n,entin~brder.tbjseek Clarification should you ha\1~ any questiqns. ': . -~· .. _~:-.·.· ": •"_ 'l:"'·•': . . -,.-·~::, ·.---·~- · .... ·;:···. ;· .. - ·. . . _· .·. :·.· ·, . o..'Piea$e. notcf, th~t f6r aMy agreem~nts or grants. valued ·at $S millioh: or .more,- a ~epa~ate .. ndtitJ6atlon\vitl be·~e.nt~~tlinjl'lga.dditio,hal r~q~irehients ~pedfied u_nd~rth~ EO. : •· ·.· .. ··. ·. ' .. , -·, . . ..- .- . ·.·.·. .- . ·,· ,·· . . .. . - . . . ·.: ·'
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DocuSign Envelope ID: 830534C7-5734-4EC4-B698-F48C3B0F2073

13.5 Consent Page 115
Certificate Of Completion
Envelope Id: 830534C757344EC4B698F48C3B0F2073 Status: Completed Subject: 1905 - 1/2” HOT ASPHALT CONCRETE – NORTH/ SOUTH COUNTY Source Envelope:

Document Pages: 34 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Sandra Kinzel
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2637 W. Burrel Ave.

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 38.127.225.87
Record Tracking
Status: Original
6/23/2023 10:30:47 AM
Holder: Sandra Kinzel
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
Jack Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 68.189.45.56
Sent: 6/23/2023 10:31:55 AM
Viewed: 6/26/2023 6:56:48 AM
Signed: 6/26/2023 6:57:25 AM
Electronic Record and Signature Disclosure:

Accepted: 6/26/2023 6:56:48 AM
ID: 96a06945-de17-45f9-8434-26af5572da0b
Cher Castellini
[email protected]
Purchasing Manager
Carahsoft OBO County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 6/26/2023 6:57:26 AM
Viewed: 6/27/2023 5:43:37 PM
Signed: 6/27/2023 5:43:44 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps

13.5 Consent Page 116
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/23/2023 10:31:55 AM
Certified Delivered Security Checked 6/27/2023 5:43:37 PM Signing Complete Security Checked 6/27/2023 5:43:44 PM
Completed Security Checked 6/27/2023 5:43:44 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

13.5 Consent Page 117

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO County of Tulare (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 2/13/2019 2:56:42 PM Parties agreed to: Jack Baker

13.5 Consent Page 118
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO County of Tulare:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Carahsoft OBO County of Tulare of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Carahsoft OBO County of Tulare To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO County of Tulare To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

13.5 Consent Page 119
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Carahsoft OBO County of Tulare as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO County of Tulare during the course of your relationship with Carahsoft OBO County of Tulare.

13.5 Consent Page 120
Staff Report
Meeting: City Council
Date: August 1, 2023
Department: Police
Submitted by: Matt Machado, Captain
Agenda Title: Veterinary Services Agreement

RECOMMENDED ACTION
Approve a three-year agreement for veterinary services with Valley Veterinary Services for an amount not to exceed $2,500 per month.

SUMMARY
The City requested proposals for veterinary services for the Tulare Animal Services Facility. In accordance with the California Department of Consumer Affairs/Veterinary Medical Board, every shelter facility within the state of California shall obtain a “premise permit.” The permit requires each facility to have a California Licensed veterinarian who is both current and active and has a current Drug Enforcement Agency (DEA) number for prescribed pharmaceuticals.

The permit also sets the guidelines for minimum standards, which the veterinarian of the record shall be ultimately responsible for, and the oversight of the care and custody of the animals as described in detail within:

Sections 4853, 4854, 4855 4856 of the Business and Professions Code, Division 2, Chapter 11, Article 3 and sections 2030 and 2032.5 of the California code of Regulations, Title 16, Division20, Article4.

The veterinarian will provide oversight and review of all pharmaceuticals used in both the field and at the facility. Other responsibilities include supplying prescriptions or medications as needed, reviewing sanitation protocols, and adoption procedures.

The need for a new proposal was due to Dr. Cecile Shafer resigning as shelter veterinarian for Tulare Animal Services.

Valley Veterinary Services has 5 years’ experience in general practice veterinary medicine in all animals including large, small and exotics. Valley Veterinary Services oversees the Kings County Animal Services. They also provide Veterinarian services for several shelters in the Kings and Fresno County area.

FISCAL IMPACT & FUNDING SOURCE(S)
There are sufficient funds in the 001-4105-2104 Fund to support this contract.

LEGAL REVIEW
This agreement was reviewed by the City Attorney’s Office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Item #: 13.6
Consent

13.6 Consent Page 1
If this agreement is not approved, it will reduce the ability to care for animals located in the Tulare Animal Shelter by not having a licensed veterinarian assigned to the shelter. Supplying medications and prescriptions will not occur. All animals will have to be transported to a veterinarian hospital for any care and medications to be prescribed. These transports are both costly and take a considerable amount of staff time. The facility will not have any oversight of procedures and operations of the Tulare Animal Shelter.

The Tulare Animal Shelter has facilities to perform spay and neuter to both shelter animals and animals belonging to the citizens of Tulare. In order to perform this type of procedure and to be compliant with the above Business and Professions code and California Code of regulations the shelter must have a veterinarian on contract.

ATTACHMENTS

1. Veterinary Services Agreement
Reviewed/Approved:

13.6 Consent Page 2
JM

AGREEMENT

CITY OF TULARE, CALIFORNIA

CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective the ____ day of _______ 2023, by and between the CITY OF TULARE, a California municipal corporation (hereinafter referred to as "CITY"), and Valley Veterinary Services Inc., (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, CITY desires to obtain professional veterinary services for the Tulare Animal Control Facility, hereinafter referred to as the "Project; and WHEREAS, CONSULTANT is engaged in the business of furnishing technical and expert services as a Doctor of Veterinary Medicine and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, CONSULTANT acknowledges that this Agreement is subject to the requirements of the City of Tulare;
WHEREAS, this Agreement will be administered for CITY by its City Manager (hereinafter referred to as “Administrator” or his/her designee.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:

1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.

2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (“Effective Date”) and shall continue in full force and effect through June 30, 2026, subject to any earlier termination in accordance with this Agreement. The services of CONSULTANT as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement in accordance with any performance schedule set forth in Exhibit A.

3. Compensation.
(a) CONSULTANT’S sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall be a total fee not to exceed two thousand five-hundred dollars per month ($2,500), paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit D.
(b) Detailed statements shall be rendered monthly for services performed in ATTACHMENT 1 13.6 Consent Page 3

the preceding month and will be payable in the normal course of CITY business. CITY shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense.
(c) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of CITY business. CITY shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense.

4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of CITY to CONSULTANT upon the earlier of: (i) CONSULTANT'S filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against CONSULTANT; (ii) 7 calendar days prior written notice with or without cause by CITY to CONSULTANT; (iii) CITY'S non-appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement, CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of CONSULTANT that are owned by CITY. Subject to the terms of this Agreement, CONSULTANT shall be paid compensation for services satisfactorily performed prior to the effective date of termination. CONSULTANT shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided. (c) In the event of termination due to failure of CONSULTANT to satisfactorily perform in accordance with the terms of this Agreement, CITY may withhold an amount that would otherwise be payable as an offset to, but not in excess of, CITY’s damages caused by such failure.

In no event shall any payment by CITY pursuant to this Agreement constitute a waiver by CITY of any breach of this Agreement which may then exist on the part of CONSULTANT, nor shall such payment impair or prejudice any remedy available to CITY with respect to the breach. (d) Upon any breach of this Agreement by CONSULTANT, CITY may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that CITY improperly terminated this Agreement for default, such termination shall be deemed a termination for convenience.
(e) CONSULTANT shall provide CITY with adequate written assurances of future performance, upon Administrator's request, in the event CONSULTANT fails to comply with any terms or conditions of this Agreement.
(f) CONSULTANT shall be liable for default unless nonperformance is caused

13.6 Consent Page 4

by an occurrence beyond the reasonable control of CONSULTANT and without its fault or negligence such as, acts of God or the public enemy, acts of CITY in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. CONSULTANT shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.

5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by CONSULTANT pursuant to this Agreement shall not be made available to any individual or organization by CONSULTANT without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, CONSULTANT shall not, without the prior written consent of CITY, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of CITY, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in CITY. (b) Any and all writings and documents prepared or provided by CONSULTANT pursuant to this Agreement are the property of CITY at the time of preparation and shall be turned over to CITY upon expiration or termination of the Agreement. CONSULTANT shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein.
(c) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.

6. Professional Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as CONSULTANT represents to CITY that CONSULTANT and its subcontractors, if any, are appropriately and currently licensed and skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform the services agreed to be done by it under this Agreement, CITY relies upon the skill of CONSULTANT and any subcontractors to do and perform such services in a skillful manner and CONSULTANT agrees to thus perform the services and require the· same of any subcontractors.

Therefore, any acceptance of such services by CITY shall not operate as a release of CONSULTANT or any subcontractors from said professional standards.

7. Indemnification. To the furthest extent allowed by law, CONSULTANT shall indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in the performance of this Agreement. If CONSULTANT should

13.6 Consent Page 5

subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents, and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

8. Insurance. Throughout the life of this Agreement, CONSULTANT shall pay for and maintain in full force and effect all insurance as required in Exhibit B or as may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her sole discretion. (a) If at any time during the life of the Agreement or any extension, CONSULTANT or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to CONSULTANT shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by CITY pursuant to this section shall in any way relieve CONSULTANT of its responsibilities under this Agreement. The phrase "tail to maintain any required insurance" shall include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (b) The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. (c) Upon request of CITY, CONSULTANT shall immediately furnish CITY with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement. (d) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide insurance protection in favor of CITY and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with CONSULTANT and CITY prior to the commencement of any services by the subcontractor.

9. Conflict of Interest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, CONSULTANT shall complete a City of Tulare conflict of interest disclosure statement in the form as set forth in Exhibit C.

During the term of this Agreement, CONSULTANT shall have the obligation and duty to immediately notify CITY in writing of any change to the information provided by CONSULTANT in

13.6 Consent Page 6

such statement.
(b) CONSULTANT shall comply and require its subcontractors to comply with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of CITY, CONSULTANT shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, CONSULTANT and the respective subcontractor(s) are in full compliance with all laws and regulations. CONSULTANT shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, CONSULTANT shall immediately notify CITY of these facts in writing.
(c) In performing the work or services to be provided hereunder, CONSULTANT shall not employ or retain the services of any person while such person either is employed by CITY or is a member of any CITY council, commission, board, committee, or similar CITY body. This requirement may be waived in writing by the Administrator, if no actual or potential conflict is involved.
(d) CONSULTANT represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this Agreement or any rights/benefits hereunder.
(e) Neither CONSULTANT, nor any of CONSULTANT'S subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the Administrator, in advance and in writing. CONSULTANT and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the Administrator, in advance and in writing.

Notwithstanding any approval given by the Administrator under this provision, CONSULTANT shall remain responsible for complying with Section 9(b), above. (f) If CONSULTANT should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, CONSULTANT shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith. (g) This Section 9 shall survive expiration or termination of this Agreement.

10. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of CITY within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or his/her designee. (b) Records of CONSULTANT'S expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to CITY or its authorized

13.6 Consent Page 7

representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of CONSULTANT pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit, or other action is commenced before the expiration of said time period, all records shall be retained and made available to CITY until such action is resolved, or until the end of said time period whichever shall later occur. If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 10(b) shall survive expiration or termination of this Agreement. (c) Prior to execution of this Agreement by CITY, CONSULTANT shall have provided evidence to CITY that CONSULTANT is licensed to perform the services called for by this Agreement (or that no license is required). If CONSULTANT should subcontract all or any portion of the work or services to be performed under this Agreement, CONSULTANT shall require each subcontractor to provide evidence to CITY that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.

11. Nondiscrimination. To the extent required by controlling federal, state and local law, CONSULTANT shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.

Subject to the foregoing and during the performance of this Agreement, CONSULTANT agrees as follows:
(a) CONSULTANT will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) CONSULTANT will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CONSULTANT shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to CONSULTANT'S employment practices including, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.

13.6 Consent Page 8

(d) CONSULTANT will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising such labor union or workers' representatives of CONSULTANT'S commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(e) If CONSULTANT should subcontract all or any portion of the services to be performed under this Agreement, CONSULTANT shall cause each subcontractor to also comply with the requirements of this Section.

12. Independent Contractor.
(a) In the furnishing of the services provided for herein, CONSULTANT is acting solely as an independent contractor. Neither CONSULTANT, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONSULTANT shall perform its work and functions. However, CITY shall retain the right to administer this Agreement so as to verify that CONSULTANT is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between CONSULTANT and CITY. CONSULTANT shall have no authority to bind CITY absent CITY'S express written consent. Except to the extent otherwise provided in this Agreement, CONSULTANT shall bear its own costs and expenses in pursuit thereof. (c) Because of its status as an independent contractor, CONSULTANT and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONSULTANT shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare, and retirement benefits. In addition, together with its other obligations under this Agreement, CONSULTANT shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONSULTANT'S employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers' compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co-employee rights or other theory. It is acknowledged that during the term of this Agreement, CONSULTANT may be providing services to others unrelated to CITY or to this Agreement.
/////

13.6 Consent Page 9

13. Notices. Any notice required or intended to be given to either party under the terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by United States registered or certified mail, with postage prepaid, return receipt requested, addressed to the party to which notice is to be given at the party's address set forth below or at such other address as the parties may from time to time designate by written notice. Notices served by United States mail in the manner above described shall be deemed sufficiently served or given at the time of the mailing thereof.

CITY: City Manager CONSULTANT: [Name of Contact]
City of Tulare Valley Veterinary Services
411 E. Kern Ave. [Address]
Tulare, CA 93274

14. Binding. Subject to Section 15, below, once this Agreement is signed by all parties, it shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective heirs, successors, assigns, transferees, agents, servants, employees, and representatives.

15. Assignment.
(a) This Agreement is personal to CONSULTANT and there shall be no assignment by CONSULTANT of its rights or obligations under this Agreement without the prior written approval of the Administrator or his/her designee. Any attempted assignment by CONSULTANT, its successors or assigns, shall be null and void unless approved in writing by the Administrator or his/her designee.
(b) CONSULTANT hereby agrees not to assign the payment of any monies due CONSULTANT from CITY under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all monies due CONSULTANT directly to CONSULTANT.

16. Compliance With Law. In providing the services required under this Agreement, CONSULTANT shall at all times comply with all applicable laws of the United States, the State of California and CITY, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the term of this Agreement.

17. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

18. Governing Law and Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement and any rights and duties hereunder shall be Tulare County, California.

13.6 Consent Page 10

19. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify, or add to the interpretation or meaning of the provisions of this Agreement.

20. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.

21. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against either party, but rather by construing the terms in accordance with their generally accepted meaning.

22. Attorney’s Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.

23. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

24. Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which purport to modify the allocation of risk between the parties, provided for within the body of this Agreement, shall be null and void.

25. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

26. No Third-Party Beneficiaries. The rights, interests, duties, and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

27. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both CITY and CONSULTANT.
[THIS SECTION LEFT BLANK INTENTIONALLY. SIGNATURES TO FOLLOW ON NEXT PAGE.]

13.6 Consent Page 11

IN WITNESS WHEREOF, the parties have executed this Agreement at Tulare, California, the day and year first above written.

CITY OF TULARE CONSULTANT
A California municipal corporation
By: ________________________ By: ________________________ Marc Mondell, City Manager
ATTEST:
___________________________
Melissa Hermann
Chief Deputy City Clerk
Approved as to Form:
___________________________
Mario U. Zamora, City Attorney
Attachments:

Exhibit A – Scope of Work
Exhibit B – Insurance Requirements
Exhibit C – Conflict of Interest Disclosure
Exhibit D – Schedule of Fees and Expenses

13.6 Consent Page 12

Exhibit A

SCOPE OF SERVICES
Veterinary Oversight Scope of Duties

SERVICES
CONSULTANT agrees to provide veterinary services as an over-sight Veterinarian for any animal in the City of Tulare Animal Services facility located at 3817 South K Street, Tulare, California as requested by the Animal Services Manager. Past records indicate services have been rendered for an estimated 3,000 animals per year. CONSULTANT shall perform the services in a manner consistent with the level of care and skill ordinarily exercised by other like professionals practicing in the State of California and as prescribed by the California Department of Consumer Affairs / Veterinary Medical Board - Premise Permit.

1. CONSULTANT will review all Policy and Procedures for the operation of the facility, make recommendations for updating current and creating new polices as needed, and CONSULTANT shall insure a premise permit is maintained in accordance with the California Department of Consumer Affairs / Veterinary Medical Board.

2. On a weekly basis, or as CONSULTANT deems necessary in his/her professional judgment, he/she shall review the medical, euthanasia, and Tezazol records in accordance with the United States, Department of Justice Drug Enforcement Administration regulations and as prescribed by the Premise Permit.

3. CONSULTANT shall provide oversight for vaccines given to domestic pets when the event is sponsored by the facility.

4. CONSULTANT shall supply prescriptions or medications for sick or injured adoptable animals with treatment occurring at the facility only and as needed.

5. CONSULTANT shall receive phone calls (as needed) regarding welfare of general animals at the facility in need of veterinarian care and may provide his/her professional recommendation.

6. CONSULTANT shall provide vaccine protocols and guidelines of allowable medications that can be given by staff without an order from a Veterinarian.

7. CONSULTANT shall with prior approval of the facility manager, provide consultations for the overall operations of the facility.

8. CONSULTANT shall review sanitation protocol.

9. CONSULTANT shall review adoption procedures.

10. CONSULTANT may assist in documenting legal cases for trial.

11. CONSULTANT will dedicate one Saturday per month for a surgery day at CITY’s facility with CITY staff, supplies and equipment. Two trained CITY staff members must be present at each surgery day to accommodate 20-50 spay/neuter surgeries per surgery day. Surgery days may be 10–12-hour days.

12. CONSULTANT may work additional days exceeding one Saturday per month subject

13.6 Consent Page 13

to review and approval by CONSULTANT. Should CONSULTANT approve the additional surgery dates, CONSULTANT will charge an additional $200/hour on said surgery days.

13. CONSULTANT will treat any and all services and emergency at CONSULTANT’s facility at 7374 20 ½ Ave., Lemoore, California 93245.

14. CONSULTANT will provide a reduced/discounted charge rate for all medical attention necessary.

13.6 Consent Page 14

Exhibit B

INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Tulare (CITY") and VALLEY VETERINARY SERVICES INC. ("CONSULTANT")
Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for bodily injury, property damage and personal and advertising injury with coverage for premises and operations, products and completed operations, and contractual liability.

2. The most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1-Any Auto).

3. Workers' Compensation insurance as required by the California Labor Code and Employer's Liability Insurance.

4. Professional Liability (Errors and Omissions) insurance appropriate to CONSULTANT'S profession. Architect's and engineer's coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance
CONSULTANT shall maintain limits of liability of not less than:

1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate applying separately to the work performed under the Agreement

2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage

3. Employer' s Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit

4. Professional Liability (Errors and Omissions)
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate

13.6 Consent Page 15

Umbrella or Excess Insurance
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the Minimum Limits of Insurance," this insurance policy(ies) shall follow form" and afford no less coverage than the primary insurance policy(ies).

Deductibles and Self-Insured Retentions
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, agents, and volunteers; or (ii) CONSULTANT shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall CITY be responsible for the payment of any deductibles or self-insured retentions.

Other Insurance Provisions
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:

1. CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds.

2. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, agents, and volunteers.

3. CONSULTANT'S insurance coverage shall be primary, and no contribution shall be required of CITY.

The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the following provision: CONSULTANT and its insurer shall waive any right of subrogation against CITY, its officers, officials, employees, agents, and volunteers.

If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:

1. The "Retro Date" must be shown and must be before the effective date of the Agreement or the commencement of work by CONSULTANT.

2. Insurance must be maintained, and evidence of insurance must be provided for at least 5 years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 5-year discovery period. This requirement shall survive expiration or termination of the Agreement.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a " Retro Date" prior to the effective date of the Agreement, CONSULTANT must purchase 'extended reporting" coverage for a minimum of 5 years following the expiration or termination of the Agreement.

13.6 Consent Page 16

4. A copy of the claims reporting requirements must be submitted to CITY for review.

5. These requirements shall survive expiration or termination of the Agreement.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall' not be cancelled; non-renewed, reduced in cmrerage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to CITY. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide; or authorized by CITY'S Risk Manager.

Verification of Coverage
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the Agreement and before work commences.

13.6 Consent Page 17

Exhibit C

DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Tulare or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Tulare?
3 Do you currently represent or perform work for any clients who do business with the City of Tulare?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Tulare, or in a business which is in litigation with the City of Tulare?
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Tulare employee who has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Protect?
* If the answer to any question is yes, please explain in full below.

Explanation:
☐ Additional Pages attached.

Name

Company

Address

Signature Date

13.6 Consent Page 18

Exhibit D

SCHEDULE OF FEES AND EXPENSES
The proposed base pay is $2,500 per month payable to VALLEY VETERINARY SERVICES INC.
• Additional surgery days will be paid at $200/hour. Additional days exceeding the first Saturday must be approved and scheduled in advance.

13.6 Consent Page 19
Staff Report
Meeting: City Council
Date: August 1, 2023
Department: Finance
Submitted by: J. Diego Ibañez, Chief Financial Officer
Agenda Title: Placing Public Improvement Loans on Tax Roll

RECOMMENDED ACTION
Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments.

SUMMARY
In 1997, the Board of Public Utilities Commissioners and the City Council approved resolutions authorizing the adoption of the provisions of Streets and Highways Code Section 5870 et.

Seq., under the 1911 Act. These provisions provide for the financing of certain public works related costs and declaring the repayment of the same to be assessed against property owners and placed on the property tax rolls.

The City has entered into 27 agreements with various property owners to construct and finance connections, primarily to City sewer services, and place those costs on property tax rolls in installments. Prior to sending the assessments to the County of Tulare, a public hearing is required to allow anyone objecting and wanting to address the City Council.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact to the current FY 23-24 budget.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION
No alternative action is proposed at this time as this is an annual procedure.

ATTACHMENTS

1. Resolution

2. Exhibit A – Public Works Improvement Loan Repayments Reviewed/Approved:

Item #: 14.1
Public Hearing

14.1 Public Hearing Page 1
JM
RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
CONFIRMING THE REPORT AND ASSESSMENT LIST FOR 1911 ACT COSTS OF

UTILITY CONNECTIONS AND/OR CURB, GUTTER, PAVEMENT, SIDEWALK, AND

DRIVEWAY CONSTRUCTION
WHEREAS, Resolution 97-4314, dated May 6, 1997, of the City Council of the City of Tulare, authorized the adoption of the provisions of Streets & Highways Code Sections 5870 et seq., under the 1911 Act, for the purpose of financing certain costs and declaring the repayment of same to be assessed against property owners and placed on the property tax rolls; and
WHEREAS, after public hearings, the Council did approve said work and order the costs be assessed and collected on the property tax rolls; and WHEREAS, a public hearing was held before the City Council of the City of Tulare on August 1, 2023, pertaining to the report and assessment list for these costs; and
WHEREAS, said assessment list has been reviewed by the City Council and public comment considered.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare that the report and assessment list for recovering costs of improvements and/or utility connections, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby confirmed, and City staff is directed to place same on the Tulare County tax assessment rolls.

PASSED, APPROVED, AND ADOPTED on this 1st day of August 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

14.1 Public Hearing Page 2 ATTACHMENT 1
EXHIBIT "A"
Public Works Improvement
APN NAME Loan Repayments
164-072-015 Ranglel & Misti Mata 464.28
164-073-007 Edward & Leah King 419.47
166-072-002 Benigna Borba 401.36
169-080-018 Alfonso Perales 475.80
172-060-024 Janeth Quintero 453.98
176-276-014 Faustino & Norma Gomez 1,253.37
177-031-004 Salvador & Maria Tapia 412.76
177-210-019 Roario Isais 797.58
177-241-002 Virginia Jimenez 198.41
177-241-010 Satini & Heione Tautuaa 395.98
177-244-007 James Barrera 395.42
182-030-014 Isidro & Elvia Parra 404.86
182-100-004 Engracia Herrera 535.12
182-100-014 Richard Burch 859.64
182-100-020 Ramon & Anastacia Sanchez 509.12
182-100-034 Gilbert Alvarez 1,516.68
182-350-005 Rumaldo Saenz 442.10
182-350-008 Fernando & Maria Mendez 548.66
182-350-009 Luis Perez 1,020.12
11,504.71
T:\Finance\Public Works Impr Loan\Exhibit A.xlsx

14.1 Public Hearing Page 3 ATTACHMENT 2
Staff Report
Meeting: City Council
Date: August 1, 2023
Department: Community Development - Planning
Submitted by: Mario Anaya, Community Development Director Agenda Title: First Reading of Quimby Act Ordinance

RECOMMENDED ACTION
Pass-to-print an ordinance providing for adoption of the proposed Quimby Act Ordinance, to be added as Chapter 8.26 of the Tulare Municipal Code, and implementation of the provisions of the Quimby Act as described herein.

SUMMARY
Government Code Section 66477 (also known as the "Quimby Act") authorizes the legislative body of a city to, by ordinance, require the dedication of land or payment of fees in lieu thereof ("Quimby Fees"), or a combination of both, for park and recreational purposes as a condition to the approval of any tentative map. On October 7, 2014, the Tulare City Council adopted a comprehensive General Plan for the City which includes an Open Space and Conservation Element. The City’s Open Space and Conservation Element contemplates the City will adopt an ordinance pursuant to the Quimby Act (Implementation Measure COS-131) and provides policies and standards for parks and recreational facilities the dedication and fee requirements will ultimately provide.

As set forth in more detail in the Open Space and Conservation Element of the City's General Plan and the Parks Master Plan, the recommended level of service and goal of the City is to provide four acres of developed park area per 1,000 City residents. The amount of existing park area in the City is currently below four acres of park area per 1,000 City residents. As such, the City Council has determined that there is a current and immediate need to create a new Chapter 8.26 to the Tulare Municipal Code. The enactment of this Chapter prevents new residential development from significantly further reducing the quality and availability of public services provided to residents of the City by requiring new residential development to contribute to the cost of expanding the availability of park and recreational facilities and amenities in the City.

The Quimby Act authorizes the City to require developers to provide up to four acres of park area (and/or Quimby Fees) per 1,000 residents if the current existing service level of park area exceeds four acres per 1,000 residents, or no more than three acres per 1,000 residents if the current existing service level of developed park area is less than four acres per 1,000 residents. Thus, the parkland dedication and Quimby Fee requirements in the proposed amendments to the Municipal Code do not exceed this limit. The parkland dedication and Quimby Fee requirements only apply to residential developments that require the approval of a tentative map or parcel map. Developers, land use attorneys, consultants, and the Building Industry Association of Tulare and Kings County (BIA) were consulted and provided an 1 General Plan Implementation Measure COS-13: The City shall consider adopting a Quimby Act Ordinance requiring that park provision be considered and incorporated in the subdivision process.

Item #: 14.2
Public Hearing

14.2 Public Hearing Page 1
opportunity to review the proposed Quimby Act. Their input has been incorporated into the proposed Quimby Act Ordinance.

The proposed Quimby Act Ordinance was presented to the Parks and Recreation Commission at their meeting on June 13, 2023. The Parks and Recreation Commission unanimously approved recommending the proposed Ordinance be scheduled for a public hearing held by the Planning Commission. The Planning Commission held a public hearing on this proposed Quimby Act Ordinance at their meeting on July 10, 2023. The Planning Commission recommended 4 to 1 for City Council to approve and adopt the proposed Quimby Act Ordinance.

FISCAL IMPACT & FUNDING SOURCE(S)
The Quimby Fees collected under this proposed Ordinance will be allocated for the purpose of developing new or rehabilitating existing park and recreational facilities to serve the residential development for which the dedication and fee requirements are imposed.

LEGAL REVIEW
The proposed ordinance was reviewed by legal counsel and revised based on the City Attorney’s comments.

ENVIRONMENTAL
The proposed Quimby Act Ordinance is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Sections 15162 (Subsequent EIRs and Negative Declarations) and 15168(c)(2) (Program EIR Use with Later Activities).

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If the ordinance is denied or tabled, it will affect the City’s ability to require the dedication of land or payment of fees in lieu thereof ("Quimby Fees"), or a combination of both, for park and recreational purposes as a condition to the approval of any residential tentative map.

ATTACHMENTS

1. Ordinance
Reviewed/Approved:

14.2 Public Hearing Page 2
JM
ORDINANCE 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE

TO CREATE THE DEDICATION OF LAND OR THE PAYMENT OF FEES IN LIEU

THEREOF, OR A COMBINATION OF BOTH, FOR PARK AND RECREATIONAL

PURPOSES AS A CONDITION OF APPROVAL FOR RESIDENTIAL DEVELOPMENT

PROJECTS REQUIRING A TENTATIVE MAP OR PARCEL MAP, PURSUANT TO

THE QUIMBY ACT
WHEREAS, Government Code Section 66477 (also known as the "Quimby Act") authorizes the legislative body of a city to, by ordinance, require the dedication of land or payment of fees in lieu thereof ("Quimby Fees"), or a combination of both, for park and recreational purposes as a condition to the approval of any tentative map; and
WHEREAS, on April 5, 1888, the City of Tulare (the "City") incorporated, becoming the local government authority for the City's corporate boundaries; and WHEREAS, to ensure the City's parkland dedication and Quimby Fee requirements continue to be consistent with recent amendments to state law, including the Quimby Act, the City Council has determined that there is a current and immediate need to create a new Chapter 8.26 to the Tulare Municipal Code, as identified in Exhibit "A" attached to this Ordinance and incorporated herein by this reference; and
WHEREAS, the Code (DCA 2014-219) (adding Chapter 8.26 to the Tulare Municipal Code) will require developers to improve and dedicate land for park and recreational purposes, or pay Quimby Fees, or a combination of both, as a condition to the approval of a residential development project requiring a tentative tract map or parcel map; and
WHEREAS, an ordinance imposing parkland dedication and Quimby Fee requirements pursuant to the Quimby Act must include definite standards for determining the proportion of subdivision to be dedicated and the amount of any Quimby Fees based upon a ratio of residential density (i.e., the number of people expected to reside in the subdivision) to acreage (i.e., the area of the subdivision); and
WHEREAS, the Code contains definite standards for determining the proportion of a subdivision to be dedicated for parks and recreational facilities and the amount of any Quimby Fees; and
WHEREAS, prior to imposing parkland dedication and Quimby Fee requirements pursuant to the Quimby Act, the legislative body of a city must adopt a general plan or specific plan containing policies and standards for the parks and recreational facilities the dedication and fee requirements will ultimately provide; and

14.2 Public Hearing Page 3 ATTACHMENT 1
ORDINANCE 2023-XX

WHEREAS, on October 7, 2014, the City Council adopted a comprehensive General Plan for the City which includes an Open Space and Conservation Element that contemplates the City will adopt an ordinance pursuant to the Quimby Act (Implementation Measure COS-13) and provides policies and standards for parks and recreational facilities the dedication and fee requirements will ultimately provide; and WHEREAS, pursuant to Section 15168(c)(2) of Title 14 of the California Code of Regulations, this proposed Code Amendment does not require additional review under the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA") because the proposed amendments to the Municipal Code are within the scope of the project covered by the Environmental Impact Report for the City's General Plan (State Clearinghouse No. 2012071033) and no subsequent environmental impact report is required per Section 15162 of the California Environmental Quality Act; and
WHEREAS, on June 13, 2023, at a regularly scheduled meeting of the Parks and Recreation Commission, the Parks and Recreation Commission received the staff presentation and staff report materials concerning this Code Amendment, before recommending a public hearing concerning the proposed Code Amendment be scheduled with the City’s Planning Commission to receive public testimony and appraise all relevant information pertaining thereto, as related to this Code Amendment and its applicability to parcel and subdivision maps in the City; and WHEREAS, on July 10, 2023, the Planning Commission held a duly noticed public hearing to receive public testimony on this proposed Code Amendment and to appraise all relevant information pertaining thereto, and after considering all relevant public testimony as well as all materials in the staff report and accompanying documents, the Planning Commission recommended to the City Council approval of this proposed Code Amendment and recommended that the Council find that this proposed Code Amendment does not require further environmental review under CEQA; and
WHEREAS, on August 1, 2023, the City Council held a duly noticed public hearing to receive public testimony on the proposed Code Amendment and to appraise all relevant information pertaining thereto, and considered all public testimony as well as all materials in the staff report and accompanying documents.

NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:

SECTION 1. Recitals. The above recitals are true and correct and incorporated.

SECTION 2. Title. This Ordinance shall be known as the "Quimby Act Ordinance."

14.2 Public Hearing Page 4
ORDINANCE 2023-XX

SECTION 3. The City Council has read and considered the proposed amendments to Title 8 of the Tulare Municipal Code (Public Ways and Property) referred to herein as "Code Amendment" as set forth in Exhibit "A".

SECTION 4. Findings. After considering this proposed Code Amendment, the recommendations of the Parks and Recreation Commission, the Planning Commission, staff recommendations, public testimony and correspondence, and reports thereon, the City Council hereby makes the following findings:

1. The proposed amendments to the Municipal Code are consistent with the Quimby Act (Government Code§ 66477) because:
a. The parkland dedication and Quimby Fee requirements only apply to residential developments that require the approval of a tentative map or parcel map;
b. The proposed amendments to the Municipal Code contain definite standards for determining the proportion of a subdivision to be dedicated for parks and recreational facilities and the amount of any Quimby Fees;
c. The Open Space and Conservation Element of the City's General Plan, the Parks Master Plan, and the Municipal Code provide direction for parks and recreational facilities the dedication and fee requirements will ultimately provide;
d. Unless the City complies with the findings and public hearing requirements set forth at Government Code Section
66477(a)(3)(B), the land, fees, or combination thereof will only be used for the purpose of developing new or rehabilitating existing park and recreational facilities to serve the residential development for which the dedication and fee requirements are imposed; e. There is a reasonable relationship between the amount and location of land to be dedicated and/or fees to be paid and the use of the park and recreational facilities provided by that land and/or those fees by the future inhabitants of the residential development for which the dedication and fee requirements were imposed; f. As set forth in more detail in the Open Space and Conservation Element of the City's General Plan and the Parks Master Plan, the recommended level of service and goal of the City is to provide four acres of developed park area per 1,000 City residents;
g. The Quimby Act authorizes the City to require developers to provide up to five acres of park area (and/or Quimby Fees) per 1,000 residents if the current existing service level of park area exceeds four acres per 1,000 residents, or no more than three

14.2 Public Hearing Page 5
ORDINANCE 2023-XX

acres per 1,000 residents if the current existing service level of developed park area is less than four acres per 1,000 residents; and thus, the parkland dedication and Quimby Fee requirements in the proposed amendments to the Municipal Code do not exceed this limit; and
h. It is in the public interest, convenience, health, welfare and safety to require between three to four acres of park area (and/or Quimby Fees) per 1,000 subdivision residents, with this amount determined by the existing service level at the time of application for a tentative map or parcel map);
i. The dedication of park area and/or payment of Quimby Fees are to be devoted to the development of pocket, neighborhood,
community, and regional parks as a condition of approval of a residential development requiring a tentative tract or parcel map.

2. The proposed amendments to the Municipal Code are consistent with the City's General Plan and, in particular, the Open Space and Conservation Element, which contemplates the City will adopt an ordinance pursuant to the Quimby Act requiring that developers set aside land, donate conservation easements, or pay fees for park improvements.

3. The City Council of the City of Tulare finds that the proposed Code Amendment is consistent with the requirements of the Tulare Municipal Code regarding the process of amending the Municipal Code.

4. Pursuant to 14 C.C.R. § 15168(c)(2), the proposed amendments to the Municipal Code do not require additional review under CEQA because the proposed amendments to the Municipal Code are within the scope of the project covered by the Environmental Impact Report for the City's General Plan (State Clearinghouse No. 2012071033) and no subsequent environmental impact report is required per Section 15162 of the California Environmental Quality Act.

SECTION 5. The City Council hereby accepts the recommendation of the Parks and Recreation Commission and of the Planning Commission.

SECTION 6. Chapter 8.26 to the Tulare Municipal Code. The City Council hereby adopts this Code Amendment, and Chapter 8.26 "Parkland Dedication or Quimby Fee Requirements for Residential Development Requiring a Tentative Map or Parcel Map" is hereby added to the Tulare Municipal Code as set forth in Exhibit "A." SECTION 7. Notice of Adoption. The City Clerk of the City of Tulare shall certify to the adoption of this Ordinance.

SECTION 8. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such

14.2 Public Hearing Page 6
ORDINANCE 2023-XX

decision shall not affect the validity of the other remaining portions of this ordinance.

The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 9. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the XX day of XXXX, 2022.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

14.2 Public Hearing Page 7
ORDINANCE 2023-XX

EXHIBIT A
Chapter 8.26 Parkland Dedication or Quimby Fee Requirements for Residential Development Requiring a Tentative Map or Parcel Map

8.26.010 Purpose and Findings

8.26.020 Authority

8.26.030 Definitions

8.26.040 Parkland Dedication Standard

8.26.050 Parkland Dedication and/or Quimby Fee Requirements

8.26.060 Formulas for Calculating Amount of Parkland Dedication and/or Quimby Fees

8.26.070 Public Improvements on Dedicated Parkland

8.26.080 Criteria for Requiring Combination of Parkland Dedication and Quimby Fees

8.26.090 Criteria for requiring Both Dedication and Quimby Fees

8.26.100 Procedure for Making Payment or Dedication

8.26.110 Procedure for Merchant Builders

8.26.120 Time for Constructing Improvements and Amenities

8.26.130 Developments Annexed to the City

8.26.140 Exception for Commercial and Industrial Developments

8.26.010 Purpose and Findings.

A. Purpose
This Chapter is adopted to implement the provisions of the Quimby Act, which authorize a city to require the dedication of land for park or recreation facilities, or payment of fees in-lieu thereof (or a combination of both), incident to and as a condition of approval for a tentative map or parcel map.

The park and recreational facilities for which dedication of land and/or payment of a fee in-lieu thereof is required by this Chapter are in accordance with the Open Space and Conservation Element of the General Plan of the City and shall supersede any previously adopted plan to the extent of any inconsistency.

The land, fees, or combination thereof that are dedicated pursuant to this Chapter are to be used only for the purposes of developing new or rehabilitating existing pocket, neighborhood, community, or regional park or recreational facilities to serve the subdivision that prompts the dedication, and the amount and location of land to be dedicated or the fees to be paid will bear a reasonable relationship to the use of the park and recreational facilities by future inhabitants of the subdivisions subject to this Chapter.

B. Findings
The amount of existing park area in the City is currently below four acres of park area per 1,000 City residents. The enactment of this Chapter prevents new residential development from significantly further reducing the quality and availability of public services provided to residents of the City by requiring new residential development to contribute to the cost of expanding the availability of park and recreational facilities and

14.2 Public Hearing Page 8
ORDINANCE 2023-XX

amenities in the City.

8.26.020 Authority.

This Chapter is enacted pursuant to the authority granted by the Quimby Act.

8.26.030 Definitions.

For the purposes of this Chapter, the terms and words identified below shall be defined as follows:

A. "Average Number of Persons Per Dwelling Unit" shall mean average number of persons per household in the City, based on the most recent data available in the form of the federal census. The most recent Average Number of Persons Per Dwelling Unit may be reflected in a City Council Resolution as determined by the Director, Community and Economic Development.

B. "City" shall mean the City of Tulare.

C. "Dwelling unit" shall include each single-family dwelling, multifamily dwelling, or each mobile home space designed to contain a mobile home trailer on a semi permanent or permanent basis. Single-family residential units, multifamily residential units, and mobile home units shall be defined according to the latest decennial U.S. or State of California Department of Finance census.

D. "Land Acquisition Cost Per Acre" shall mean the estimated per acre value of vacant residential land costs in the City as determined by the City Council based upon receipt sale records or appraisal. The most recent Land Acquisition Cost per Acre may be reflected in a City Council Resolution. If the subdivider objects to such a valuation, the subdivider, at its own expense, may obtain an appraisal of the property by a qualified appraiser approved by the City, whose appraisal may be accepted or rejected by the City Community and Economic Development Director.

E. "Merchant Builder" shall mean an individual, company, partnership, corporation, or similar entity that obtains land previously subdivided for the purpose of constructing new residential units upon the subdivided land.

F. "Number of Dwelling Units" shall mean the number of dwelling units as determined by the City based upon the number of units allowed pursuant to the standards of the City's Zoning Code or as otherwise specified by the City on the property included in the subdivision at the time the tentative map or parcel map is filed for approval.

G. "Park Development Agreement" shall mean an agreement entered pursuant to Section

8.26.130 of this Chapter.

H. "Quimby Act" shall mean Section 66477 of the California Government Code, as amended from time to time, or any successor statute.

I. "Quimby Fees" shall mean fees paid as a condition to the approval of a tentative map or parcel map pursuant to this Chapter and the Quimby Act in lieu of dedicating land to the City for park and recreational purposes.

14.2 Public Hearing Page 9
ORDINANCE 2023-XX

J. "Residential development" shall mean any development that creates new or increases the number of existing dwelling units on a property.

K. "Subdivision Map Act" shall mean Section 66410, et seq. of the California Government Code, as amended from time to time, or any successor statute.

8.26.040 Parkland Dedication Standard.

All standards for park dedication and improvement shall comply with the Quimby Act, the California Subdivision Map Act, the Parks Master Plan, and the Open Space and Conservation Element of the City's General Plan. The dedication and improvement of land and/or Quimby Fees for park or recreational purposes shall be at the rate of either three (3) or four (4) acres of park area (and/or Quimby Fees) per 1,000 subdivision residents, with this amount determined by the existing service level at the time of application for a tentative map or parcel map). If the existing service level of park area at the time of subdivision application exceeds four (4) acres per 1,000 residents, the rate will be four (4) acres per 1,000 residents. However, the rate will be three (3) acres per 1,000 residents if the existing service level of developed park area at the time of subdivision application is less than four (4) acres per 1,000 residents.

8.26.050 Parkland Dedication and/or In-Lieu Fee Requirements.

As a condition of approval of any tentative map or parcel map, the City shall require the dedication of land and/or improvements/amenities, or payment of a fee in-lieu thereof, or a combination of both, at the option of the City, for park or recreational purposes to serve the future residents of the subdivided property.

A. This requirement shall apply to all residential subdivisions, except those exempted by the Quimby Act.

B. Except as provided in subsection (C), below, if a proposed subdivision contains less than fifty (50) parcels, the subdivider shall not be required to dedicate any land for park and recreational purposes without his or her consent but may instead choose to pay a fee equivalent to the rate of four (4) acres per 1,000 residents, in accordance with Section 8.26.060(8), below.

C. When a condominium, stock cooperative, or community apartment project exceeds fifty (50) dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty (50). Pursuant to Section 66477(e) of the California Government Code, these kinds of developments shall be eligible to receive a credit, as determined by the legislative body, against the amount of land required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is usable for active recreational uses.

D. Notwithstanding the requirement in this Section that fees be used to serve the subdivision for which the fees were paid, fees may be used for the purpose of developing new or rehabilitating existing park or recreational facilities in a neighborhood other than the neighborhood in which the subdivision for which fees were paid as a condition to the approval of a tentative map or parcel map is located, if all of the following conditions are met:

14.2 Public Hearing Page 10
ORDINANCE 2023-XX

1. The neighborhood in which the fees are to be expended has fewer than three acres of park area per 1,000 members of the neighborhood population.

2. The neighborhood in which the subdivision for which the fees were paid has a park area per 1,000 members of the neighborhood population that meets or exceeds the ratio calculated pursuant to this chapter.

3. The City Council holds a public hearing before using the fees pursuant to this Chapter, and at that public hearing, makes a finding supported by evidence that it is reasonably foreseeable that future inhabitants of the subdivision for which the fee is imposed will use the proposed park and recreational facilities in the alternative neighborhood where the fees are spent.

4. The fees shall be used within the geographic boundaries of the City, so long as a reasonable relationship can be demonstrated between the location of the use of the fees and the subdivision for which the fees were paid.

5. The fees shall be used in a manner consistent with the Parks Master Plan and the Open Space and Conservation Element of the City's General Plan, as well as any policy, standard, principle or guideline adopted in accordance therewith.

8.26.060 Formulas for Calculating Amount of Parkland Dedication and/or Quimby Fees.

A. Formula for calculating the "Dedication of Land": Where the requirements of this Chapter are solely complied with on the basis of providing parkland, the minimum amount of land measured in acres to be provided shall be based on the existing level of service for developed park area per 1,000 residents as stipulated in Section

8.26.040 of this chapter:

Number of
Dwelling Units X
Average Number
of Persons per
Dwelling Unit
X
.003
(3 Acres per
1,000
Residents)
=
Number of
Acres to be
Dedicated
OR
Number of
Dwelling Units X
Average Number
of Persons per
Dwelling Unit
X
.004
(4 Acres per
1,000
Residents)
=
Number of
Acres to be
Dedicated
Whenever land is dedicated pursuant to this Chapter, the subdivider shall provide the public improvements, as set forth in Section 8.26.070 of this Chapter.

B. Formula for calculating the fee amount "Quimby Fees": Where the requirements of this Chapter are solely complied with on the basis of the payment of in-lieu fees, such fees shall be calculated, at either of the two ratios stipulated in Section 8.26.040 of this chapter, on a per residential unit basis, as follows:

14.2 Public Hearing Page 11
ORDINANCE 2023-XX

Number of
Dwelling
Units
X
Average
Number of
Persons per
Dwelling Unit
X
.003
(3 Acres
per 1,000
Residents)
X
Land
Acquisition
Cost per
Acre
=
Total
Quimby
Fee
OR
Number of
Dwelling
Units
X
Average
Number of
Persons per
Dwelling Unit
X
.004
(4 Acres
per 1,000
Residents)
X
Land
Acquisition
Cost per
Acre
=
Total
Quimby
Fee
The Land Acquisition Cost per Acre amount of the Quimby Fees may be adopted by Resolution of the City Council. The Council may adopt and/or revise the fee amount as often as on an annual basis.

C. Formula for calculating a combination of Dedicated Land and Quimby Fees: Where the requirements of this Chapter are complied with by both the provision of parkland and payment of Quimby Fees, the amount of the Quimby Fees shall be computed by determining the required amount of parkland in accordance with the provisions of subsection (A) and subtracting the amount of parkland actually provided. The remainder shall be converted to a fee in accordance with the provisions of subsection (B).

8.26.070 Public Improvements on Dedicated Parkland.

The subdivider shall provide utility and full street improvements consistent with the Circulation Element of the adopted General Plan and the City’s subdivision regulations in Chapter 8.24 of the Tulare Municipal Code, including but not limited to curbs, gutters, sidewalks, street paving, sewer, water and drainage improvements. The full cost of such improvements shall be borne by the subdivider and shall not be deducted from or credited against any fees or other amounts due the City under this Chapter or otherwise. The land to be dedicated and improvements to be made pursuant to this Chapter shall be approved by the City.

8.26.080 Criteria for Requiring Combination of Parkland Dedication and Quimby Fees.

For subdivisions consisting of fifty (50) or more units, the subdivider shall have the option to either dedicate land or pay Quimby Fees or a combination of both on the following basis:

A. General Plan requirements. When only a portion of the subdivision is proposed for a future park site(s) in conformance with this Chapter, such portion shall be dedicated to the City for park and recreational purposes pursuant to the dedication standards set forth in Section 8.26.040, and any remaining parkland dedication requirements shall be satisfied through Quimby Fees computed pursuant to Section 8.26.060(A) and (B).If no parkland dedication is provided, the subdivider shall pay Quimby Fees for the full three (3) or four (4) acres per thousand residents computed pursuant to Section 8.26.060(C).

B. Remainder dedications. When a major portion of a park or recreational site/facility serving the proposed subdivision has already been acquired by the City, and only a portion of additional land is needed from the subdivision to complete the site/facility, such remaining portion shall be dedicated to the City pursuant to the standards set

14.2 Public Hearing Page 12
ORDINANCE 2023-XX

forth in Section 8.26.040, and any remaining parkland dedication requirements shall be satisfied through Quimby Fees computed pursuant to Section 8.26.060(C). Such fees may be used for either the improvement of the existing park and recreational site/facility or for the improvement of other park and recreational sites/facilities serving the subdivision at the sole discretion of the City.

8.26.090 Determination as to Requirement for Fee or Dedication.

A. Whether the City accepts land dedication or elects to require payment of Quimby Fees, or a combination of both, shall be determined by consideration of the following:

1. Reasonable Relationship. That the amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

2. Compatibility. Compatibility of dedication with the Open Space and Conservation Element of the City's General Plan and any policy, standard, principle or guideline adopted in accordance therewith.

3. Physical characteristics. Topography, geology, access, and location of land in the development available for dedication.

4. General suitability. Suitability for patrol, supervision, and maintenance.

5. Geographic dimensions. Size and shape of the development and land available for dedication.

6. Feasibility. The feasibility of dedication.

7. Alternative and additional parkland in the vicinity. Availability of previously acquired park property.

B. The determination of the Planning Commission upon the recommendation of the Community and Economic Development Director as to whether land shall be dedicated or whether Quimby Fees shall be paid, or a combination of both, shall be based upon the above factors in the totality of the circumstances, and shall be final and conclusive, unless timely appealed to the City Council pursuant to Section 10.20.020 "Appeal" of the Tulare Municipal Code.

8.26.100 Procedure for Making Payment or Dedication.

A. Application by Subdivider.

At the time of filing a tentative map or parcel map application, the subdivider shall, as part of such filing, state in writing whether it desires to dedicate property for park and recreational purposes, or to pay Quimby Fees, or a combination of both. If the subdivider desires to dedicate land for this purpose, the area shall be designated on the tentative tract map or parcel map as submitted.

B. Action of City.

14.2 Public Hearing Page 13
ORDINANCE 2023-XX

At the time of the tentative tract map or parcel map approval and in accordance with the criteria set forth in this Chapter, the Quimby Act, the California Subdivision Map Act, the Open Space and Conservation Element of the City's General Plan and any policy, standard, principle or guideline adopted in accordance therewith, the City Community and Economic Development Director shall determine as part of such approval, whether to require a dedication of the land within the subdivision, payment of Quimby Fees, or a combination of both, based upon the totality of circumstances. The conditions of approval of any applicable tentative map or a parcel map shall require the dedication of land, the payment of Quimby Fees, or a combination of both for park and recreational purposes to serve the future inhabitants of the subdivision. If the land is to be dedicated, the proposed dedication shall be shown on the approved tentative map or parcel map.

C. Payment of In-Lieu Fees.

Prior to the issuance of a building permit, the Community and Economic Development Director or his/her designee shall determine the amount of land to be dedicated and/or Quimby Fees to be paid by the subdivider. Any fee required under this Chapter shall be paid directly to the City prior to the issuance of the first certificate of occupancy of any dwelling unit in the subdivision. The fees shall be placed in a specially designated fund and are used only for the acquisition and development of new, or improvement and/or rehabilitation of existing, park and recreational facilities. Any fees collected under this Chapter shall be appropriated by the City Council, but need not be spent, within five years after the payment of such fees or the issuance of building permits on one half of the lots created by the subdivision, whichever occurs later. If such fees are not appropriated, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

D. Dedication of Parkland.

A dedication of parkland shall be made prior to the recordation of any applicable tentative map or parcel map. Where dedication is offered and accepted, such dedication shall be accomplished in accordance with the provisions of the Subdivision Map Act. All land dedicated to the City shall be conveyed in fee simple to the City free and clear of all encumbrances except those which will not interfere with the use of the property for its intended purposes and which the City agrees to accept.

E. Improvement of Parkland
The subdivider may choose to improve the dedicated parkland with amenities such as grass, trees, playground equipment and other improvements typical of a City park. If such improvements are made to the dedicated parkland, the cost of said improvements shall be estimated and applied as a credit against the parkland or the in-lieu fee identified as required per the calculation identified in Section 8.26.060. The cost of said improvements and associated credit shall be determined in a manner meeting the approval of the Community Services Director.

8.26.110 Procedure for Merchant Builders.

A. When a proposed subdivision is a part of a major land development project, and the

14.2 Public Hearing Page 14
ORDINANCE 2023-XX

owner of such land proposes to permit development by one or more merchant builders, provisions for park and recreational facilities shall be made by the major landowner through the adoption of a comprehensive plan and not by the individual merchant builders. Where park and recreation facilities have been dedicated by requirements of the City in excess of this Chapter's requirements, the major landowner may, at the discretion of the City, be given one hundred percent (100%) credit for the excess on subsequent projects within the adopted comprehensive plan.

B. For the purpose of this Chapter, a major land development project shall be a land development project exceeding forty (40) acres in size.

C. Where development is proposed for construction in increments, a schedule for providing the park and recreation facilities shall be submitted for consideration by the City. All park facilities shall be developed consistent with any schedule approved by the City.

8.26.120 Time for Constructing Improvements and Amenities.

A. A subdivider and the City may enter into a Park Development Agreement that provides a schedule for the initiation, planning, design, construction, installation, completion and, where appropriate, dedication of any park and recreational improvements and/or amenities required by this Chapter. A Park Development Agreement shall:

1. Clearly state the intent of the Agreement is to establish a means to assure that park and recreational improvements and/or amenities are provided to the residents of the subdivision as required by this Chapter;

2. Specify the timing of the development of these improvements and/or amenities in relation to the development of residential dwelling units;

3. Provide sufficient surety to guarantee that the improvements and/or amenities are completed and ready for public use within the timeframes specified in the Agreement; and

4. Provide that failure to comply with any deadline for the development of the improvements and/or amenities shall halt the issuance of building permits and suspension of all building inspections for residential dwelling units within the subdivision.

B. In the absence of a Park Development Agreement, all park and recreational improvements and/or amenities required by this Chapter shall be constructed, installed, completed and ready for public use prior to the earlier of

1. The issuance of the first certificate of occupancy for any residential dwelling unit within the subdivision; or

2. The final building inspections for any residential dwelling unit within the subdivision.

14.2 Public Hearing Page 15
ORDINANCE 2023-XX

8.26.130 Developments Annexed to the City.

Where a proposed development lies within an area not currently within the City's corporate boundaries but intended to be annexed into the City by the subdivider, the subdivider shall dedicate land, pay Quimby Fees, or a combination of both, in accordance with the City's General Plan and in accordance with the provisions of this Chapter, and the General Plan shall be amended within 180 days following approval of the annexation.

8.26.140 Exception for Commercial and Industrial Developments.

The provisions of this article shall not apply to any industrial or commercial development.

14.2 Public Hearing Page 16
Staff Report
Meeting: City Council
Date: August 1, 2023
Department: Police Department
Submitted by: Captain Jerod Boatman
Agenda Title: First Reading of Street Racing and Spectator Ordinance

RECOMMENDED ACTION
Pass-to-print an ordinance adding Chapter 32 of Title 6 of the Tulare Municipal Code related to street racing.

SUMMARY
During recent years, the Tulare Police Department has noticed a significant rise in reckless driving and speed contest related calls for service. It is not uncommon for these calls for service to include traffic accidents, which have resulted in injury and/or significant property damage. With the growing popularity of street racing and side-show events being promoted through various social media platforms, we are now experiencing organized events of this nature within the City of Tulare. These events have resulted in hundreds of vehicles and spectators congregating in business parking lots within the City of Tulare. Recently the Tulare Police Department has learned that many of these vehicles and spectators come from other cities, some as far as Northern California and/or Southern California. These events routinely transition to public roadways, where the participants drag race and display exhibitions of speed (side-shows) for the purposes of social media video posts. These events pose a great risk to public safety, and negatively affect the quality of life of nearby residents. Ordinances such as this have proven effective in minimizing the amount of participation and promotion of these dangerous events.

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item has been reviewed by legal and has been approved for submission.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Tulare City Street Racing and Spectator Ordinance
Reviewed/Approved:

Item #: 15.1
General Business

15.1 General Business Page 1
JM
ORDINANCE 2023-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
ADDING CHAPTER 32 OF TITLE 6 OF THE CITY OF TULARE MUNICIPAL CODE WHEREAS, the City Council of the City of Tulare, a Charter city under California law, finds the need to add Chapter 32 of Title 6 of the City of Tulare Municipal Code related to street racing; and
WHEREAS, the purpose of the revisions of this Ordinance is to implement violations and consequences to those found to be involved in street racing within the City of Tulare.

NOW, THEREFORE, be it ordained by the Council of the City of Tulare as follows:

SECTION 1. Chapter 32 of Title 6 of the City of Tulare Municipal Code is hereby adopted as follows:

CHAPTER 6.32

STREET RACES AND RECKLESS DRIVING EXHIBITIONS PROHIBITED § 6.32.010 Purpose.

The Tulare City Council finds and declares that pursuant to California Vehicle Code sections 23103, et seq., and 23109, et seq., motor vehicle speed contests, reckless driving, exhibitions of speed conducted on public streets and highways, and reckless driving conducted on public streets, highways, and off-street parking facilities, are illegal under California law. Motor vehicle speed contests and exhibitions of speed are more commonly referred to as street races. Common acts of reckless driving often occur during, or when preparations are being made for, such illegal street races. This includes pre-race events referred to as "sideshows" or motorcycle "stunting" in which groups of people block streets and sidewalks to form sideshow or stunt areas in conjunction with street races. Streets and off-street parking facilities within the City of Tulare have been the site(s) of continued and escalating illegal street races, sideshows, and motorcycle stunting over the past several years.

Street races, sideshows, and motorcycle stunting pose an immediate threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and inhibit private business owners from enjoying the use of their property within the City of Tulare. Groups of racers, sideshow participants, stunters, and spectators gather on the streets and in off-street parking facilities late at night and in the early morning hours. Among other things, these groups block traffic on the streets and sidewalks in order to form a racetrack, "sideshow," or stunt area, place bets and wagers, and otherwise encourage, aid and abet the street racing process.

Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or other vehicles. The racers drive quickly from street to street, race for

15.1 General Business Page 2 ATTACHMENT 1
ORDINANCE 2023-XX

several hours, and then move to different locations upon the arrival of police.

Participants in these illegal activities use cell phones, police scanners, and other electronic devices to communicate with each other in order to avoid arrest. Social media and other websites are used to provide information on where to race and how to avoid detection and prosecution. These activities have resulted in an increase in traffic accidents, property crimes, and calls for police service. Illegal street racing, sideshows, and motorcycle stunting attract many spectators, and the presence of spectators at these events encourages street racing to continue and creates an environment in which illegal activities can flourish.

This chapter makes it a violation of the City of Tulare Municipal Code to participate in a street race or reckless driving exhibition on or in a public highway or off-street parking facility. This chapter also makes it a violation of the City of Tulare Municipal Code to be a spectator at, otherwise encourage, aid and abet the street racing process, or be present when preparations are being made for, a street race or reckless driving exhibition. This chapter further provides that evidence of specified prior acts are admissible as evidence to show the propensity of a criminal defendant to be present at or attend illegal street races or reckless driving exhibitions, if the prior act(s) occurred within three (3) years of the presently-charged offense. This chapter is adopted to prohibit spectators at illegal street races and reckless driving exhibitions in order to significantly decrease this criminal activity. It targets a clear, limited population and gives proper notice to citizens as to which activities are unlawful. § 6.32.020 Definitions.

For purposes of this section:
"Street race" or "street racing" means any speed contest or exhibition of speed referred to in California Vehicle Code section 23109, as it may be amended from time to time. "Reckless driving exhibition" means any exhibition of reckless driving referred to in California Vehicle Code section 23103, as it may be amended from time to time. "Off-street parking facility" has the same meaning as set forth in subdivision (c) of California Vehicle Code section 12500, as it may be amended from time to time, and includes any public or private parking facility open and accessible to members of the public.
"Spectator" means any person who is present at a street race or reckless driving exhibition, or the site of the preparations for either of these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A spectator includes any person at the location of the event without regard to the means by which the person arrived.

A person is "present" at a street race or reckless driving exhibition if that person is within two hundred (200) feet of the location of the street race or reckless driving exhibition, or within two hundred (200) feet of the site of the preparations for either of these activities.

15.1 General Business Page 3
ORDINANCE 2023-XX

"Preparations" for any street race or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of a street race or reckless driving exhibition:
(A) One (1) or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an off-street parking facility; (B) One (1) or more persons have gathered on, or adjacent to, a public street or highway;
(C) One (1) or more persons have gathered in an off-street parking facility; (D) One (1) or more persons have gathered for a sideshow, motorcycle stunting or other exhibition in conjunction with a street race or reckless driving exhibition; (E) One (1) or more persons have impeded the public use of a public street, highway, or off-street parking facility by acts, words or physical barriers; (F) One (1) or more motor vehicles have lined up on a public street, highway, or off-street parking facility with motors running;
(G) One (1) or more drivers is revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or
(H) A person is standing or sitting in a location for the purpose of acting as a race starter.
§ 6.32.030 Street Races and Reckless Driving Exhibitions Prohibited.

It shall be unlawful for any person to engage in, or to aid and abet, any street race or reckless driving exhibition conducted on a public street or highway or in an off-street parking facility. A violation of this section may be punishable as a misdemeanor or an infraction in the discretion of the City of Tulare Attorney. § 6.32.040 Spectators at Street Races and Reckless Driving Exhibitions Prohibited.

It shall be unlawful for any person to be knowingly present as a spectator at a street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

A violation of this section may be punishable as a misdemeanor or an infraction at the discretion of the City Attorney.

Nothing in this section prohibits peace officers or their agents who are acting in the course of their official duties from being spectators at a street race or reckless driving exhibition and/or spectators at the location of preparations for either of these activities. § 6.32.050 Proving a Violation—Spectators at Street Races or Reckless Driving Exhibitions.

15.1 General Business Page 4
ORDINANCE 2023-XX

Notwithstanding any other provision of law, to prove a violation of this Chapter, the following may be considered to show motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident:
(A) That the person charged has previously participated in or been a spectator at a street race or reckless driving exhibition;
(B) That the person charged has previously aided and abetted street racing or a reckless driving exhibition;
(C) That the person charged has previously attended a street race or reckless driving exhibition;
(D) That the person charged was previously present at a location where preparations were being made for a street race or reckless driving exhibition, or where a street race or reckless driving exhibition was in progress; or (E) To the fullest extent permissible by law, evidence of prior act(s) may be admissible to show the plan, opportunity, intent, knowledge, identity and/or propensity of the person charged to be present at a street race or a reckless driving exhibition if the prior act(s) occurred within three (3) years of the presently charged offense. The prior act(s) may also be admissible to show that, in the absence of a mistake or accident, the person charged had knowledge that a street race or reckless driving exhibition was taking place.

In addition to the circumstances set out herein, and notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may also include, but is not limited to, any of the following:
(A) The time of day;
(B) The nature and description of the scene, including the number and configuration of traffic lanes;
(C) The number of people at the scene;
(D) The location of the person charged in relation to any person or group of persons present at the scene;
(E) The number and types of motor vehicles at the scene; (F) That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal;
(G) That the person charged drove or was transported to the scene; or (H) That the person charged admitted to being a spectator at a street race or reckless driving exhibition.

As used herein, "scene" means the location of a street race or reckless driving exhibition or the location of the preparations for a street race or reckless driving exhibition.

SECTION 2. If any provision of the Tulare Municipal Code or Title of the Ordinance Code of the City of Tulare, whether approved or adopted prior to or subsequent to Chapter 32 of Title 6 are in conflict therewith, these provisions of Chapter 32 of Title 6 shall govern.

15.1 General Business Page 5
ORDINANCE 2023-XX

SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the XX day of XXXX, 2022.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk

15.1 General Business Page 6
Staff Report
Meeting: City Council
Date: August 1, 2023
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa
Agenda Title: Women’s Clubhouse Repairs

RECOMMENDED ACTION
Provide direction on the Women’s Clubhouse repairs.

SUMMARY
The Women’s Clubhouse is located at 88 west Tulare Ave and was built in the 1800s. The building has not been utilized in eight years. To prolong the building’s life, some repairs are necessary such as a new roof (or temporary repair), resealing the building (windows/vents), capping off gas lines, disconnecting electric lines, and installing a spark screen/rain cap at the chimney (bird/pest prevention). As requested by Council, the Office of Safety, Compliance & Facilities received the quotes for the weatherization as well as the cost to relocate the Women’s Clubhouse building 1,500 feet west of the current location.

The City received three quotes, two options for the roof and one for the weatherization.

Roof Work Options
A+ Roofing Roof Repair Only; includes installing any needed plywood and comp shingle to match.
$ 2,400.00
A+ Roofing Roof Replacement $48,500.00
Weatherization
SANCO Weatherization; includes crane fees, board up of exterior windows, foundation vent board, disconnection of dual
packs (capping off gas lines and disconnecting power
lines), door removal (or sealing) and brick work, brick voids & maintenance, and chimney cap.
$ 7,700.00
The City also received one quote for the relocation.

Relocation
Dinuba House
Movers
Relocate building in sections to be determined; lower onto new foundation supplied and installed by others.
$380,000.00

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact associated with this item at this time. Depending on the direction received from Council, staff will evaluate options for funding.

LEGAL REVIEW
This item does not require legal review.

Item #: 15.2
General Business

15.2 General Business Page 1

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Quote from SANCO

2. Quote from A+ Roofing Roof Repair Only

3. Quote from A+ Roofing Roof Replacement

4. Quote from Dinuba House Movers
Reviewed/Approved: JM

15.2 General Business Page 2
SANCO
Albert Sandoval
Business Number Business Number 559-804-1986
15747 ave 296
visalia ca
93292
Cslb #824914
www.sanco.pro
[email protected]

ESTIMATE
EST374
DATE
05/16/2023
TOTAL
USD $7,700.00
TO
City Of TCity Of Tulare peter
Weatherization of building womens club house
88 w tulare ave
[email protected]

DESCRIPTION RATE QTY AMOUNT
Crane fees
Crane fees removal of dual pack units. Totaling (5) dual pack units. Units to be placed on ground once removed from building and or tulare maintained trailer. Stand by fees may apply for units if trailers not capable of carrying units.
$200.00 3 $600.00
Board up exterior windo erior windows
Installation of 1/2 plywood on all exterior windows. Including covering doors with glass inserts. Installation method by fasteners #10 1-1\4in. Star button-head tamper screws main fasteners T-25’S STAR HEX. 20+ windows to be secure.
$3,500.00 1 $3,500.00
Foundation v oundation vent boarent board up
Securings of raise foundation vents to be boarded up and secured. $300.00 1 $300.00
Disconnection of dual packs
Capping off gas lines and disconnection of power lines. $800.00 1 $800.00
Door removal & brick w al & brick work.

Contractor to supply labor and furnish materials to enclose existing cellar door with 6’’x12’’ center-block permanently closing entry to cellar north west coner on building.
$1,300.00 1 $1,300.00
Brick voids & maint oids & maintenance
Motar and install bricks where needed on west side of building. $225.00 1 $225.00

15.2 General Business Page 3

ATTACHMENT 1

DESCRIPTION RATE QTY AMOUNT
Chimney cap 14”x26” y cap 14”x26”
Spark screen/ Rain cap is not installed at chimney. Suggest installing for fire safety and help prevent moisture damage to chimney components.

Install black galvanized steel rectangular chimney cap to help prevent additional damages.

Model#BBT1426k-14W
Bird/pest prevention.
$250.00 3 $750.00
Roofing not included oofing not included
Further determination needed.
$0.00 1 $0.00
Payment Policy
PAYMENT TERMS: Cash forthwith for any portion of work commenced and completed in any one calendar month. Balance of contract price due and payable upon completion of Work. Unpaid monies shall be subject to a finance charge of 1.5% per month. The customer agrees to compensate Sanco for any collection-related costs, including reasonable attorney fees, if full payment is not made to Sanco.

Payment schedule will follow after acceptance of proposal; Payment Policy:

Payment is due on the date of service. We accept all major credit cards at an additional fee of 3%, cash, checks. If you prefer to pay online by credit card a payment portal will be sent to you via-email through sanco.pro or you can pay in person with hand held credit card machine. $0.00 1 $0.00
Notes
-permits not included
-title 24’s not included
-blue prints not included
-Moving of plumbing not included.
$0.00 1 $0.00
Bird screening of open v eening of open vents
Metal mesh installation to prevent small birds from attic entry. $225.00 1 $225.00
SUBTOTAL $7,700.00
TAX $0.00
TOTAL USD $7,700.00
This bid is valid for 30 Days. Labor is under warranty for 1 year after job completion. DOWN PAYMENTS MAY NOT EXCEED $1000 or 10% of the job price.

15.2 General Business Page

4 “The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWN PAYMENT.”

15.2 General Business Page

5 15.2 General Business Page

6 15.2 General Business Page

7 15.2 General Business Page

8 INVOICE
Providing the Highest Grade in Roofing! Date: 6/2/23
INVOICE # A1337
To: City of Tulare 88 W. Tulare
Tulare Ca 93274
Salesperson Job Payment Terms Due Date
Manny Repairs around A/C
unit
None Upon completion
Qty Description Unit
Price
Line Total
1 A/C Areas: Install any needed plywood and install comp shingle to match.

No Labor Warranty on repairs
$2,400.00
Subtotal 2,400.00
Sales
Tax
0 Total $2,400.00
Make all checks payable to A+ Roofing Co
Thank you for your business!
24174 Rd. 212
Lindsay Ca 93247
Phone: 559-859-3274
Email: [email protected]

15.2 General Business Page 9 ATTACHMENT 2

15.2 General Business Page 10 ATTACHMENT 3

15.2 General Business Page 11 ATTACHMENT 4

15.2 General Business Page 12
City of Tulare
Agri-Center of the World

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Clerk’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion shall be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to a future Council meeting agenda for action. No more than 10 items may be submitted collectively for consideration by all councilmembers at any regular meeting of the Council, and in that regard, no individual councilmember may submit more than three items for consideration at any regular meeting of the Council. In the event more than 10 items are submitted collectively, no more than two items shall be accepted for consideration from any one councilmember.

NAME OF REQUESTING COUNCILMEMBER
Stephen C. Harrell
TODAY’S DATE
July 17, 2023

AGENDA DATE
August 1, 2023

ITEM TITLE
Discuss the feasibility of a Cultural Arts Center in downtown

BRIEF DESCRIPTION/BACKGROUND INFORMATION OF ITEM
Council Member Sigala, has on numerous occasions expressed his desire for an art's center or cultural center in Tulare. I have always agreed with his position. Now I'm asking council to consider the feasibility of a Cultural Arts Center in downtown Tulare, taking his vision one step further. I have two locations downtown that would fit in perfectly with our downtown revitalization. The center would be composed of painting and photograpy exhibts, sculpture, film, and area for small music ensembles, gift shop, coffee shop, the possibilities are endless.

This would not be just a City of Tulare project, but a joint effort with The Tulare City School Dist., The Tulare Joint Union High School Dist., College of Sequoias as well as posible private donors.

Item #: 16.1
Future Agenda Items