Agenda packet — Tulare City Council, November 7, 2023

City of Tulare Page 1
City of Tulare
City Council
Notice and Agenda
Tulare Public Library & Council Chamber
491 North M Street, Tulare
www.tulare.ca.gov
Tuesday, November 7, 2023
6:00 p.m. – Special Meeting
7:00 p.m. – Regular Meeting
Mission Statement
To promote a quality of life making Tulare the most desirable community in which to live, learn, play, work, worship and prosper.

Attending and Participating in Meetings
Regular Council Meetings are held on the first and third Tuesdays of the month in the Council Chamber located in the Tulare Public Library at 491 North M Street, Tulare, subject to cancellation. Additional meetings of the City Council may be called as needed.

Attend meetings in person or access the meeting live via YouTube. For those that wish to provide public comment while not physically in attendance, call (559) 366-1849 during Public Comments and/or Public Hearing and General Business items. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute device used for viewing the meeting.

City of Tulare YouTube Channel:
https://www.youtube.com/channel/UCdWZiv2o7do1JY0OvGe1_aw/videos Documents related to items on the agenda are accessible on the City’s website at www.tulare.ca.gov and available for viewing at the entrance of the Council Chamber.

Rules for Addressing Council
• Members of the public may address the City Council on matters within the jurisdiction of the City of Tulare.
• If you wish to address Council, please complete one of the yellow speaker cards located at the entrance to the Council Chamber and provide to the Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the Public Comments portion of the meeting.
• When invited by the mayor to speak, please step up to the podium, state your name and city where you reside, and make your comments. Comments are limited to three minutes per speaker.

Americans with Disabilities Act
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification from the City Clerk’s Office at (559) 684-4200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting.

Agri-Center of the World
Mayor
Terry A. Sayre, District 2
Vice Mayor
Patrick Isherwood, District 5
Councilmembers
Jose Sigala, District 1
Stephen C. Harrell, District 3
Dennis A. Mederos, District 4
City Council Agenda – Special and Regular Meetings November 7, 2023 City of Tulare Page 2
NOTICE IS HEREBY GIVEN, pursuant to section 54956 of the California Government Code, that a special meeting of the City Council of the City of Tulare is hereby called.

1. CALL TO ORDER SPECIAL MEETING

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item.

2.1 Homeless Shelter Review and Discussion.

Recommended Action: Review and discuss details of the future homeless shelter and provide direction to staff thereto.

3. ADJOURN SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION - Aaron Talbot, Pastor of First Church of God, to deliver invocation.

6. PROCLAMATIONS & RECOGNITIONS

6.1 Recognition of Frank’s Automotive Repair.

7. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of 15 minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence.

8. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 days prior to a Council meeting to be considered for this section of the agenda. No action will be taken on matters listed under Communications; however, the Council may direct staff to schedule issues raised during Communications for a future meeting.

9. COUNCIL REPORTS AND ITEMS OF INTEREST

10. CONSENT CALENDAR - All Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

10.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.
6:00 p.m. – SPECIAL MEETING
City Council Agenda – Special and Regular Meetings November 7, 2023 City of Tulare Page 3

10.2 Special and/or Regular Meeting Minutes of October 17, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

10.3 Notice of Completion – EN0084 Pleasant Avenue Improvements Project.

10.4 Contract Amendment with QK, Inc. for Project EN0094.

10.5 Parcel Map Conditional Acceptance – Cartmill Commons.

Recommended Action: Conditionally approve the parcel map for Cartmill Commons, and accept all easements and dedications offered to the City, subject to receipt of the signed parcel map, all fees, and other required items prior to January 6, 2024. [M.

Miller]

10.6 Orchard 79 Oversize Reimbursement.

10.7 Quitclaim Deed Rights to Ditch Easements.

10.8 Little Caesars Deferred Improvement Agreement Drive Aisle.

Recommended Action: Approve a short-term deferred improvement agreement with Gussan Shedid, to defer the construction of a drive aisle connecting the developer’s parcel with the parcel to the south associated with the Little Caesars development. [M.

Miller]

10.9 Letters of Support for Caltrans ITIP Programming.

Recommended Action: Authorize the mayor to sign letters of support for the inclusion of improvements to segments of State Route 99 between Delano and Pixley City Council Agenda – Special and Regular Meetings November 7, 2023 City of Tulare Page 4
in Tulare County, and between Avenues 7 and 12 and Avenues 17 and 21 in Madera County, in the 2024 Interregional Transportation Improvement Program (ITIP). [M.

Miller]

10.10 Quarterly Projects Dashboard.

Recommended Action: Accept the Quarterly Projects Dashboard for Quarter 1 of Fiscal Year 2023/2024. [M. Miller]

10.11 Full-Time Contracted Position at the Tulare Cares Temporary Encampment.

Recommended Action: Approve one full-time allocated Contract position - Homeless Prevention Coordinator - to staff the Tulare Cares Temporary Encampment. [J. Glick]

10.12 Copy Machine Replacement.

Recommended Action: Approve piggyback lease and maintenance agreements through the County of Shasta and authorize the City Manager to sign 72-month agreements with UBEO, formerly Ray Morgan Company, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager for all City photocopy machines (21 total), excluding four copiers covered under a separate 2022 agreement. [J. Bowling]

10.13 ERP Consultant Contract.

10.14 Citizens Option for Public Safety 2023/2024 Program Funds.

10.15 CALAW4 Base Station Radio Purchase.

10.16 City Manager Employment Agreement Amendment.

Recommended Action: Approve an amendment to City Manager Marc Mondell’s employment agreement. [M. Zamora]

11. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

11.1 Bid Results for Project EN0095 – Academy & Apricot Improvements.

11.2 Informational Item - Group Homes.

Recommended Action: Receive information on zoning and local policies in regard to group homes. [M. Anaya]

12. FUTURE AGENDA ITEMS - NONE SUBMITTED

13. STAFF UPDATES

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

14.1 Conference with Real Property Negotiations (Gov. Code § 54956.8) Property: 144 North K Street
Agency Negotiation: Marc Mondell, Mario U. Zamora, Josh McDonnell, Traci Myers Negotiating Parties: Sporos Enterprises, LLC
Under Negotiation: Price and terms of payment

15. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, November 21, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this notice and agenda was posted in the kiosk at the front of City Hall, 411 E. Kern Avenue, as well as on the City of Tulare’s website (www.tulare.ca.gov).

POSTED: Thursday, November 2, 2023
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: November 7, 2023 Agenda Memo
Date: November 2, 2023
Time Estimates - Time estimates are provided as part of the Council’s effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress. The Council, by consensus, reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Items may be heard before or after the time estimated on the agenda. This may occur to best manage the time at a meeting or to adapt to the participation of the public. 6:00 p.m. - SPECIAL MEETING

1. CALL TO ORDER SPECIAL MEETING

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item.

2.1 Homeless Shelter Review and Discussion.

Recommended Action: Review and discuss details of the future homeless shelter and provide direction to staff thereto.

3. ADJOURN SPECIAL MEETING
7:00 p.m. - REGULAR MEETING

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION - Aaron Talbot, Pastor of First Church of God, to deliver invocation.

6. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 7:05-7:10 p.m.]

6.1 Recognition of Frank’s Automotive Repair.

7. PUBLIC COMMENTS - This is the time for the public to comment on matters within the jurisdiction of the Tulare City Council that are not on the agenda. The Council asks that comments are kept brief and positive. The Council cannot legally discuss or take official action on request items that are introduced tonight. This is also the time for the public to comment on items listed under the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Comments related to Public Hearing or General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, each speaker will be allowed three minutes with a maximum time of 15 Tulare City Council Page 2
Agenda Memo - November 7, 2023
minutes per item unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. [Time Estimate: 7:10-7:25 p.m.]

8. COMMUNICATIONS - Communications are to be submitted to the City Manager’s Office 10 days prior to a Council Meeting to be considered for this section of the agenda. No action will be taken on matters listed under communications; however, the Council may direct staff to schedule issues raised during communications for a future agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:25- 7:25 p.m.]

9. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:25-7:30 p.m.]

10.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

10.2 Special and/or Regular Meeting Minutes of October 17, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

10.3 Notice of Completion – EN0084 Pleasant Avenue Improvements Project.

Recommended Action: Accept as complete the contract with Dawson-Mauldin, LLC. of Selma, CA for work on Project EN0084 – Pleasant Avenue Improvements, a street and utility improvement project on Pleasant Avenue between Enterprise Street and North “H” Street; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office. [M. Miller]
Summary: Capital Improvement Project EN0084 addressed pavement, utility infrastructure, and ADA sidewalk improvements on Pleasant Avenue between Enterprise Street and North “H” Street. The project brought substandard and deteriorated water, sewer and surface water infrastructure up to current standards. It also constructed a new traffic signal at the intersection of Pleasant Avenue and West Street and realigned the intersection. This project was included in the approved 2019- 2024 Capital Program budget. On May 4, 2021, the City Council awarded a contract to Dawson-Mauldin, LLC. of Selma, CA in the amount of $5,256,442.08.

Change orders were approved to address unforeseen and differing field conditions, replacement of additional damaged curb and gutter, aesthetic improvements to the ADA curb ramps, and other various bid item quantity adjustments. Deducts were also taken due to alternative materials that were used but not specified in the original contract. It was found to be in the best interest of the City to allow the use of alternative materials in place of the materials specified in the contract at a reduced cost to the City.

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Agenda Memo - November 7, 2023
Contract Change Order No. 8 was necessary to install underground utilities for Southern California Edison (SCE) in the intersection of Pleasant Avenue and West Street for the intersection realignment and installation of traffic signals. The City’s Contractor Dawson-Mauldin, LLC performed the work under the SCE Rule 20-B program. City Council approved this change order in the amount to not to exceed $419,250.00 on November 16, 2021. However, due to easement constraints at the northwest corner of the intersection, it was necessary to revise the design to allow the work to fit within the existing right-of-way. As a result, Change Order No. 8 was revised to a reduced amount not to exceed $327,030.00.

A summary of contract costs is as follows:

Approved Contract Amount: $ 5,256,442.08
Bid Item Quantity Adjustments & Reductions $ 291,772.49 (5.55%) Contract Change Orders – Various: $ 254,642.29 (4.48%)
Contract Change Order 8 – SCE Underground $ 327,030.00 (6.22%) Total Construction Contract Cost: $ 6,129,886.86
All work required of Dawson-Mauldin, LLC. under this contract has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

Fiscal Impact & Funding Source(s): The project was funded through a combination of RDA, Water, Sewer, Surface Water, and CDBG funds.

EN0084-050-0601
643 – Redevelopment Agency (RDA)
010 – Water (Bonds)
615 – Sewer/Wastewater (CIP)
647 – Surface Water (CIP)
077 – CDBG (Grant)
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny – Should Council deny the request to accept the contract as complete at this time, the City would not release the contract retention of $305,698.15 to the Contractor. It would also prevent the City from recording a notice of completion, which starts the clock for subcontractors to file liens against the contractor, and begins the 1-year warranty period for the improvements.

Without specific written findings justifying denial of acceptance by the City, the City could be susceptible to litigation regarding damages owed to the Contractor caused by the denial; or 3) Table – Delaying acceptance of the contract as complete and issuing a notice of completion for the project may result in the City owing the Contractor interest on monies withheld. Postponement of issuing a notice of completion ties up the Contractor’s bonding capacity, potentially preventing them from bidding on other projects. Without specific written findings justifying its delay in accepting the project as complete, the City could be susceptible to litigation regarding damages caused by the denial.

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Agenda Memo - November 7, 2023

10.4 Contract Amendment with QK, Inc. for Project EN0094.

Recommended Action: Approve and authorize the City Manager to sign a contract amendment in the amount of $12,750 with QK, Inc. for additional Labor Compliance services related to City Project EN0094 – Sycamore/San Joaquin Improvements, a street and utility improvement project between “O” Street and Blackstone Street, and between Tulare Avenue and San Joaquin Avenue; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount. [M. Miller]
Summary: This project is a street and utility improvement project on the following street segments:
• King Avenue between “O” Street and Cherry Street,
• Sycamore Avenue between Cherry Street and Blackstone Street, • San Joaquin Avenue between “O” Street and Blackstone Street, • Madden Street between Tulare Avenue and King Street,
• Delwood Street between Sycamore Avenue and San Joaquin Avenue, and • Highland Street between Tulare Avenue and Sycamore Avenue.

The project consists of street reconstruction, ADA compliance improvements to intersection curb returns and alley/sidewalk intersections, and necessary water, sewer and storm drain improvements within the project limits. The need for the project was identified through the City’s Pavement Management System, and review of the condition of the City’s utility infrastructure. This project was included as a part of the City’s 2023-2028 transportation and utility CIP program budget. The project is currently in the final stages of construction.

On April 19, 2022, the City Council approved a contract with QK, Inc. in the amount of $31,750 for Labor Compliance services on the project. This work has been performed on a time and material basis in accordance with an existing on-call consultant agreement for construction management services. Construction of the project has proceeded in a slower manner than anticipated, resulting in additional construction days being added to the project schedule. QK, Inc. has worked closely with city staff to minimize the additional costs associated with the extended project schedule, however, they have estimated the need for up to an additional $12,750 to complete the Labor Compliance that will be necessary for project completion.

Fiscal Impact & Funding Source(s): Additional costs associated with the proposed contract amendment will be funded from the projects contingency fund.

Fund EN0094-050-0999 - $12,750
Legal Review: None required at this time.

Alternative Action: 1) Approve with changes – Staff would be required to negotiate any proposed changes with the Labor Compliance contractor (QK, Inc.); 2) Deny – Project EN0094 cannot be completed without Labor Compliance services; or 3) Table Delay resulting from the City’s failure to act on the proposed contract amendment would likely impact the City’s ability to meet required Labor Compliance laws.

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Agenda Memo - November 7, 2023

10.5 Parcel Map Conditional Acceptance – Cartmill Commons.

Miller]
Summary: Planning Commission Resolution No. 831 adopted on June 7, 2021, approved the tentative parcel map for the Cartmill Commons development located on the southwest corner of Cartmill Avenue and the Akers Street alignment. The overall commercial project comprises approximately 23 acres and is being developed in phases. The Cartmill Commons parcel map will create 10 commercially zoned parcels.

To expedite the parcel map approval process, the developer is requesting the Council’s conditional approval and acceptance subject to receipt of the signed map, all fees, and other required items within 60 days. Such requests for conditional approval have routinely been accommodated.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action
Legal Review: The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

Alternative Action: 1) Approve with changes – Changes would result in a delay to the project schedule; 2) Deny – Construction of the proposed commercial development would likely not move forward; or 3) Table The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

10.6 Orchard 79 Oversize Reimbursement.

Recommended Action: Authorize the City Manager to execute an oversized construction reimbursement agreement with Orchard 79, LLC for regional storm drainage and Mooney Boulevard street improvement costs that were conditionally required by the City for the Orchard 79 (a.k.a. Fernjo Estates) subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
Summary: As part of the development of the Orchard 79 subdivision located on the east side of Mooney Boulevard approximately 1,500 feet south of Bardsley Avenue, Orchard 79, LLC has completed construction of required storm drainage and Mooney Boulevard street improvements within the Orchard 79 development area. A portion of these improvements have been determined by the City Engineer to be of supplemental size and capacity and are components of the City’s Development Impact Fee Program, including the following:
• Construction of Mooney Boulevard street improvements to an arterial street standard;
• Construction of master plan storm drain lines.

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Agenda Memo - November 7, 2023
Costs associated with supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached oversize construction reimbursement agreement identifies the improvements and associated costs eligible for oversize construction reimbursement from the City.

Fiscal Impact & Funding Source(s): DIF Storm Drain Facilities – Principal / TBD; DIF Storm Drain Facilities – Interest / TBD; DIF Transportation Facilities – Principal/TBD; DIF Transportation Facilities – Interest/TBD Legal Review: The oversize construction reimbursement agreement has been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - would have minimal effect on reimbursement to the developer; 2) Deny - would not allow the developer to be reimbursed for improvements identified as oversize in the city’s ordinance; or 3) Table - could delay reimbursement to the developer.

10.7 Quitclaim Deed Rights to Ditch Easements.

Recommended Action: Approve Quitclaim Deed for Ditch and Canal Easement recorded on August 20, 1946, in Book 1185, at Paige 2665 of Official County Records, in the City of Tulare, County of Tulare, State of California to SFT Capital LP, a California Limited Partnership. Authorize the City Manager to sign the respective Certificate of Conveyance. [M. Miller]
Summary: As part of the Farrar Estates subdivision project, the existing City storm drain basin located 400 feet east of Spyglass Street on the south side of Seminole Avenue was expanded to accommodate additional drainage from Farrar Estates. The land for the basin expansion was dedicated to the city in fee title by the Developer of the Farrar Estates subdivision.

Phases 5-9 of the KCOK subdivision (KCOK 5/9) are located directly north of the Farrar Estates subdivision along the north side of Seminole Avenue. SFT Capital is the subdivider of the KCOK 5/9 project. As part of the final map review and approval process for the KCOK 5/9 project, it was discovered that the land dedicated to the City by the Farrar Estates subdivision for the aforementioned storm drain basin expansion had an underlining right to an existing ditch easement that runs through the KCOK 5/9 project. When the City took ownership of the land, it also received ditch rights associated with the easement. These ditch rights currently held by the City would significantly impact the layout of the KCOK 5/9 development and would limit the number of homes that could be built therein. The developer for the KCOK 5/9 subdivision has asked the City to quitclaim any existing rights to said ditch easement.

The City has no need or purpose for retaining those rights..

Fiscal Impact & Funding Source(s): No fiscal impacts to the City.

Legal Review: The City Attorney has reviewed and approved to form the Engineering Department’s standard quitclaim deed.

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Agenda Memo - November 7, 2023
Alternative Action: 1) Approval with minor changes would likely have minimal effect on KCOK 5/9 subdivision; 2) Denying the quitclaim deed would prevent the KCOK 5/9 subdivision development to move forward in accordance with its previously Cityapproved tentative subdivision map configuration; or 3) Tabling the quit claim deed could delay recording the final map for the KCOK 5/9 subdivision.

10.8 Little Caesars Deferred Improvement Agreement Drive Aisle.

Miller]
Summary: As part of the Little Caesars development located along the east side of Mooney Boulevard north of Bardsley Avenue, the developer, Gussan Shedid is to provide access to the parcel to the south. Mr. Shedid has granted an access easement to the southern parcel but would like to defer installation of the drive aisle that connects the properties. Mr. Shedid is in discussion with the adjacent property owner to the east about the possibility of providing access through their parcel as part of a larger development, which would eliminate the need to construct the connecting drive aisle. This would allow Mr. Shedid to further expand the commercial development on his property in the future. Mr. Shedid has requested a 2-year deferred improvement agreement on the installation of the drive aisle and is willing to post a bond or equivalent surety to secure completion of said improvements.

Fiscal Impact & Funding Source(s): None
Legal Review: The City Attorney has reviewed and approved to form the Engineering Department’s standard deferred improvement agreement.

Alternative Action: 1) Approve with changes could delay the continued development of the site; 2) Denial of the deferred improvement agreement would require the access drive aisle to be installed, limiting any further development of the site; or 3) Tabling the item would delay the completion of the Little Caesars project.

10.9 Letters of Support for Caltrans ITIP Programming.

Recommended Action: Authorize the mayor to sign letters of support for the inclusion of improvements to segments of State Route 99 between Delano and Pixley in Tulare County, and between Avenues 7 and 12 and Avenues 17 and 21 in Madera County, in the 2024 Interregional Transportation Improvement Program (ITIP). [M.

Miller]
Summary: The Interregional Transportation Improvement Program (ITIP) is a fiveyear capital improvement program prepared by the California Department of Transportation (Caltrans) pursuant to Government Code 14526, Streets and Highways Code Section 164, and the California Transportation Commission’s 2022 State Transportation Improvement Program (STIP) Guidelines. The ITIP is a subcomponent of the STIP that focuses on improving the movement of people and goods on state routes that serve to connect entire regions within the state rather than individual metropolitan areas. State Route 99 is a prime example of such a facility, and three Tulare City Council Page 8
Agenda Memo - November 7, 2023
Central Valley projects that would greatly benefit our region have been included in the draft 2024 ITIP. These projects would facilitate improvements to the following segments:
• SR 99 from Delano to Pixley (Tulare County) - $4 million for construction. • SR 99 from Avenue 7 to Avenue 12 (Madera County) - $5.5 million for construction.
• SR 99 from Avenue 17 to Avenue 21 (Madera County) - $4.3 million for environmental studies.

The draft 2024 ITIP must be approved by both Caltrans and the California Transportation Commission. It appears that there may be significant opposition from various parties, including competing interest who would like to see the funding spent on projects in their regions. The Tulare County Association of Governments is strongly encouraging that all of its local agencies provide letters of support for the inclusion of the three SR 99 projects in the 2024 ITIP. It should be noted that local agencies in Madera County have consistently supported efforts to improve SR 99 in Tulare County, including segments adjacent to and through the City of Tulare.

Letters of support have been prepared and are attached for Council’s consideration.

Fiscal Impact & Funding Source(s): N/A
Legal Review: None required at this time.

Alternative Action: 1) Approve with changes – Staff would incorporate any requested changes into the final letters of support; 2) Deny Improvements to SR 99 provide regional benefits, including the City of Tulare and its commercial/industrial sector.

Denial of the request for letters of support could negatively impact the decisions of Caltrans and the California Transportation Commission to include these improvements in the 2024 ITIP, making the likelihood of their construction in the next 10+ years unlikely; or 3) Table TCAG has requested that letters of support be received by the end of November 2023.

10.10 Quarterly Projects Dashboard.

Recommended Action: Accept the Quarterly Projects Dashboard for Quarter 1 of Fiscal Year 2023/2024. [M. Miller]
Summary: The Quarterly Project Dashboard for the 1st Quarter of Fiscal Year 2023/2024 is attached reflecting the quarterly status of capital projects. The timeline, budgets, percentage complete, and notes indicating specific activity related to each project are also highlighted. The dashboard provides a visual summary of the overall progress of the City’s major Capital Improvement Projects for the Council’s edification.

Background information related to the City’s policies for capital improvement project management, and additional information related to the attached report is presented below.

On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the Tulare City Council Page 9
Agenda Memo - November 7, 2023
City accomplish significant projects on time, within budget, and in accordance with each project’s clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed;
• Create department 5-year project plans;
• Improve pre-planning and preparation;
• Identify and implement management policies and procedures; • Improve project cost tracking and project delivery;
• Formalize and improve project reporting; and
• Review and evaluate project successes or failures upon completion to improve on future projects.

Pursuant to the Council’s request, Staff provides Quarterly Project Dashboards for all major capital projects that fall under City Council’s purview. The dashboards identify the project number, project title, project phase, project manager, start date, end date, budget, expenditures/encumbrances, and special notes. The color metric contained on the dashboard reflects the current state of the project. Projects shown in BLUE are in the Design Phase. Projects shown in GREEN are in the Environmental or Right of Way Acquisition Phase. Projects shown in ORANGE are those that are in the Construction or Implementation Phase.

Fiscal Impact & Funding Source(s): Not applicable
Legal Review: Not applicable
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

10.11 Full-Time Contracted Position at the Tulare Cares Temporary Encampment.

Recommended Action: Approve one full-time allocated Contract position - Homeless Prevention Coordinator - to staff the Tulare Cares Temporary Encampment. [J. Glick] Summary: The Tulare Cares Temporary Encampment is a City of Tulare-sponsored area intended to increase the safety and health of individuals in our community experiencing homelessness. We opened the encampment on January 25, 2023, to a large number of guests. As of October 16, 2023, 165 guests are camping in 152 tent site locations at the encampment.

Initially, staff believed the encampment could be managed with existing City employees only on an as needed basis. Staff quickly determined that at the minimum, a temporary hourly position was needed to manage the encampment for four hours per day. Since her hire in March of 2023, the current hourly employee continues to successfully manage the day-to-day activities at the encampment; however, as the encampment grew, it became evident that she needed additional assistance. Simply increasing her work hours at the encampment was not an option due to the CalPERS rule that hourly employees can only work 960 hours per fiscal year.

In June of this year, the City Council increased the budget for encampment management from one to two seasonal hourly positions. Staff have found it difficult to Tulare City Council Page 10
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find another individual willing to take this position on an hourly part-time basis. The job duties are demanding and the environment is difficult. It takes a dedicated person who understands the challenges of homelessness to fulfill the operational job duties.

City staff has recognized a need for one full time contracted position with benefits at the Tulare Cares Temporary Encampment. This position would be dedicated to the needs of our guests on a full-time basis. Staff requests to convert the two hourly temporary positions into one full-time contracted position. This position would receive City benefits as afforded to other miscellaneous classified positions. We are proposing a one-year contract position due to the unknown length of time that the temporary encampment will remain in operation in place of the proposed permanent shelter. The contract can be renewed on a year-to-year basis as necessary.

Fiscal Impact & Funding Source(s): A variety of funding sources are utilized to operate and service the facility. Community Services has budgeted two 960 hourly positions at $20.00 per hour for this fiscal year at a cost estimated at about $42,000.

These funds will be converted to fund the full-time contracted position for the most part. A full-time benefitted position would cost the City approximately $58,240.

Legal Review: The At-Will Employment Contract (attached) has been reviewed and approved by our City Attorney.

Alternative Action: 1) Approve with changes – Modify the staffing levels and direct staff to implement the document inclusive of the revisions; 2) Deny – Do not move forward with approving the contracted fulltime position and continue staffing with hourly employees; or 3) Table – Direct staff to research additional material associated with encampment staffing levels and return with the results, which would delay the immediate need for a fulltime staff at the temporary encampment.

10.12 Copy Machine Replacement.

Staff and a UBEO associate reviewed each of the 21 photocopiers under this lease agreement for usage and maintenance status. Various recommendations were made to adjust the size, speed and options of each machine based their utilization as well as any forecasted changes. The new contract will provide the City with new copiers incorporating these recommendations. Existing and proposed copiers are from the manufacturer Canon.

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Agenda Memo - November 7, 2023
The new contract includes a color copier upgrade for police administration as well as the senior center. All current and proposed copiers have data encryption kits to ensure data security. Hard drives of the existing equipment will be surrendered to the city for destruction before the old copy machines are removed. Existing and proposed contracts are for 72 months.

Included in the contract is 84,000 Black and white prints and 26,000 color prints per month. Overage amounts are .0070 cents for each additional black and white copy and .049 for color copies. Quarterly audits will be performed and, and adjustments to included print volumes can be made to attain lower total costs.

Since the last contract, the City has continued to reduced copy machine usage as we move toward increased use of digital files and systems instead of paper files. Existing and proposed copiers include document scanners with no additional per page cost to use. The City will realize a monthly savings of over $350 a month, or over $25,000 over the term of the contract.

City staff has reached out to the departments to determine the level of service and quality of equipment provided by Ray Morgan Company, now UBEO. There were positive reviews for Ray Morgan’s/ UBEO’s service as well as the quality of the Canon copy machines.

If approved, the new equipment will be installed in mid-December and the balance of the current lease to be paid by UBEO.

Fiscal Impact & Funding Source(s): Costs are already included in the current fiscal year operating budget. The proposed lease and service costs are $5,529.46 per month for 72 months, for a total cost of $398,121.12 over 6 years. This is an approximate $25,000 savings over the 72-month term than the existing lease.

Legal Review: This lease agreement has been reviewed by city attorney.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

10.13 ERP Consultant Contract.

Recommended Action: Approve on-call professional services contract with ClientFirst Consulting of Corona, CA, for ERP implementation services subject to only minor, conforming and clarifying changes acceptable to the City Attorney and City Manager for a maximum 5 years and a maximum total contract value of $550,000 based on piggyback contract with the City of Carlsbad. [J. Bowling] Summary: The City of Tulare currently use Eden Systems as our primary financial system or Enterprise Resource Planning (ERP) system. Eden Systems has been sunset by the manufacturer and will no longer be supported past March 2027. In May 2022, City Council adopted Resolution 2022-05 appropriating $1,650,000 towards replacing the financial system (ERP system) using American Rescue Plan Act (ARPA) funding.

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Agenda Memo - November 7, 2023
In June 2023, City Council approved the 2023-2025 Capital plan that included project IT2023-02 for Phase One of the Finance System Replacement. Phase One of the Finance system replacement is a three-year project that includes: Core Financials, Human Resources\Payroll and Utility Billing starting in the 2023/2024 fiscal years.

Phase Two was also included (project IT2023-03) and is a two-year project that starts in 2025/2026 and includes primality land use-based functions of Permits and Inspections and Code Enforcement.

The proposed contract is to provide technical and subject matter expertise to assist the City of Tulare with the implementation of the new ERP system. The intent is to have consultants from ClientFirst who have worked on multiple of these type implementations come alongside City staff to implement the best solution for the City of Tulare’s use. The proposed contract’s initial term is for three years and will be used for Phase one of the Financial System Replacement. The proposed contract has a maximum value of $350,000 in initial term and is paid on actual hours worked.

Currently it is estimated a minimum of $80,000 will be required for each of the three years. Based on experience, ERP replacement projects have higher risk than most projects and staff is requesting the total balance that is currently available in the Phase one budget for consulting services should it be required. Also included in the contract is the potential for up to two one-year extensions that can be utilized for Phase 2 of the project if desired by the City.

In September 2022, City of Carlsbad Issued RFQ 23-03 for Technology related management services. ClientFirst was one of three consultants awarded a contract by the City of Carlsbad on October 17, 2023. This contract contains a provision that allows other public agencies to leverage the same contract. ClientFirst is a California based firm who has served over 500 agencies with a focus of technology projects for local government. ClientFirst has a proven track record working with public agencies on enterprise application implementation.

Fiscal Impact & Funding Source(s): The maximum contract value for the initial 3- year term, is $350,000 to be paid from American Rescue Plan Act (ARPA) funding, account 028-4145-7204. The maximum value of the remaining $200,000 of the contract will come from phase two of the ERP project expected to start in 2025/2026 consisting planned equipment replacement funds. Funds will only be paid based on actual hours worked.

Legal Review: This contract was review by the City Attorney.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

10.14 Citizens Option for Public Safety 2023/2024 Program Funds.

Recommended Action: Adopt a resolution approving the acceptance and appropriation of Citizens Option for Public Safety (COPS) 2023/2024 Program funds from the State of California in the amount of $108,335 to be used to fund one police officer position. [F. Ynclan]
Summary: Since 1997, the California State Budget Act has included allocations to counties and cities for the COPS program. This funding is intended to fill the need for Tulare City Council Page 13
Agenda Memo - November 7, 2023
additional resources at the local level to ensure public safety. Funds must supplement existing services and cannot be used to supplant any existing funds. The funds cannot be used for administrative overhead costs in excess of ½ percent of the total allocation. The allocation may not be used to fund the costs of any capital project or construction project that does not directly support frontline law enforcement. Each city is required to deposit the funds into a separate Supplemental Law Enforcement Services Fund so that these funds are not intermingled with General Fund dollars.

The 2023/2024 COPS award for Tulare is in the amount of $108,335. Staff proposes to use the COPS funds to supplement one police officer position.

Fiscal Impact & Funding Source(s): 033 COPS State Grant Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

10.15 CALAW4 Base Station Radio Purchase.

Recommended Action: Authorize the purchase of CALAW4 Base Station Radio and accessories from Motorola Solutions Inc., utilizing Los Angeles County Contract 18105 MA-IS-2240228, for a total cost of $8,944.98. [F. Ynclan] Summary: The Tulare Police Department seeks to replace a failed (inoperable) base radio for CA Law 4 radio frequency.

This CALAW4 (California Law Enforcement Mutual Aid Radio System, formerly CLEMARS) radio frequency serves the Tulare Police Department for communication with other agencies throughout the state of California. While CALAW4 radio frequency is not used daily, it is vital when performing multi-agency collaborations like natural disaster response efforts, Mutual aid, or coordination during other critical incidents.

The failed radio was over 20 years old and is no longer repairable by the manufacturer because parts are not available.

Currently, a very long lead time of 22+ weeks on this equipment. Tulare Police Department has coordinated with the local Motorola authorized reseller to provide a “loaner” CA law 4 radio for use on an interim basis.

This purchase will be funded through the equipment replacement fund. Future annual equipment replacement expenses will be adjusted based on this purchase and the expected lifespan of equipment to ensure the availability of future replacement funding.

Fiscal Impact & Funding Source(s): 623-4623-7403
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

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Agenda Memo - November 7, 2023

10.16 City Manager Employment Agreement Amendment.

Recommended Action: Approve an amendment to City Manager Marc Mondell’s employment agreement. [M. Zamora]
Summary: An amendment to City Manager Marc Mondell’s Employment Agreement calls for a 3.5% increase in salary which would bring his salary to $233,241.12. The Amendment also extends the term two additional years, allows for 9 months of severance if terminated without cause, and an additional 40 hours of management leave earned per fiscal year. The additional 40 hours of management leave falls under the same provisions as established by the City policy.

Fiscal Impact & Funding Source(s): Increase to Personnel Services in 001-4020.

Legal Review: Reviewed and submitted by the City Attorney’s Office.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

11. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council. [Time Estimate: 7:35-8:05 p.m.]

11.1 Bid Results for Project EN0095 – Academy & Apricot Improvements.

Recommended Action: Review the construction bid results received for Capital Improvement Project No. EN0095 – Academy and Apricot Improvements and provide direction to staff as to how to proceed. [M. Miller]
Summary: Capital Improvement Project No. EN0095 is a full street rehabilitation project located north of San Joaquin Avenue and between Cherry and Blackstone Streets. The project limits include the street segments depicted in attached Exhibit “A”.

The project would reconstruct the affected street sections and would include ADA compliance improvements to intersection curb returns and alley/sidewalk intersections that fall within the project limits. Additionally, the project would address necessary water, sewer, and storm drain improvements within those limits. The need for the project was identified through the City’s Pavement Management System and the review of the condition of the City’s utility infrastructure. This project was included and approved as a part of the City’s 2023-2028 transportation and utility CIP program budget with an overall project budget of $9,343,206. The estimated construction cost provided by the design engineer was $7,500,000.

The project was put out to bid, with bids being received and opened on September 21, 2023. The lowest responsive bid received was from Agee Construction Corporation in the amount of $10,169,812, which is $2,669,812 higher than the design engineer’s construction cost estimate. Additional consultant support services totaling $1,174,042 would be required to construct the project as detailed in the table below. The total value of the construction related contracts would be $11,343,854.

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Agenda Memo - November 7, 2023
Task Description Contractor Amount

1. Construction
Contractor
Agee Construction Corporation of Clovis, CA $10,169,812

2. Construction
Inspection
NV5 of Fresno, CA $623,207

3. Materials Testing Blackburn Consulting of Fresno, CA $385,135

4. Construction
Surveying
4Creeks of Visalia, CA $130,000

5. Labor
Compliance
Labor Consultants of California of Hanford, CA $35,700
Construction Contracts Cost $11,343,854
A detailed breakdown of the construction contracts required for the subject project is as follows:

1. Construction Contract: Agee Construction Corporation On September 21, 2023, five bids were opened from the Request for Bids #23-786, Academy & Apricot Improvement Project. The bid opening results are attached. The project sheet for the Academy & Apricot Improvement project was approved in the 2023-2028 transportation and utility CIP program budget by BPU on June 20, 2023, and included an estimated construction cost of $9,434,206. Once the plans and specifications were finalized the Engineer provided an estimated construction cost of $7,500,000. Bids ranged from $10,169,812 - $13,731,132.60. The bids were evaluated and determined to be responsive to the requirements and instructions contained in the bid documents. While the combination of bids received are significantly higher than the construction estimate, this appears to be consistent with current construction cost trends being observed throughout the state and nation.

Inflation, labor shortages, and significant supply chain issues in the building industry are driving higher than expected costs.

2. Construction Inspection: NV5
Due to the volume of projects citywide, both private and public, the City does not have sufficient in-house staff capacity to perform the necessary construction inspection required by the Academy & Apricot Improvement Project. Inspection for contract compliance is required for public improvements.

NV5 of Fresno, CA is included on the list of pre-qualified On-Call Construction Management, Resident Engineer, and Inspection Consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. NV5 has reviewed the scope of this project and has proposed to perform construction inspection services on a time and materials basis, not to exceed $623,207.20, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

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Agenda Memo - November 7, 2023

3. Material Testing: Blackburn Consulting
During construction, it will be necessary to perform materials testing to ensure compliance with City standards. Material testing services including laboratory testing are outside the capabilities of the City.

Blackburn Consulting of Fresno, CA is included on the list of pre-qualified On-Call Geotechnical and Materials Testing consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. Blackburn Consulting has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $385,135, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and is below the amount anticipated for these services.

4. Construction Surveying: 4Creeks
During construction, it will be necessary to provide construction staking so the Contractor has the necessary locations and elevations to properly construct the improvements. Survey services include field and office surveying and filing corner records with Tulare County. As a professional service performed by a licensed surveyor, these services cannot be included in a competitively bid construction contract, and therefore cannot be performed under the Contractor’s contract.

Furthermore, City Staff does not have the time nor professional qualifications to perform these services.
4Creeks of Visalia, CA is included on the list of On-Call Construction Surveying consultants and demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. 4Creeks has reviewed the scope of the Academy & Apricot Improvements Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $130,000. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

5. Labor Compliance Monitoring: Labor Consultants of California This project is subject to Prevailing Wage requirements. To ensure proper wages are paid and accounted for in accordance with the ever-changing requirements under state and federal law, it will be necessary to perform labor compliance monitoring of those contractors and consultants subject to these requirements. Due to the complexities involved, the City does not have the expertise or resources available to perform this work.

Labor Consultants of California of Hanford, CA is included on the list of pre-qualified On-Call Labor Compliance Monitoring consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. Labor Consultants of California has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $35,700, in accordance with the provisions of their on-call contract. This amount is in line with Tulare City Council Page 17
Agenda Memo - November 7, 2023
industry standards and with what the City has experienced on projects with similar scopes of work.

Accounting for prior design phase costs, and with the addition of 10% contract contingencies and staff time costs, the overall project cost would total $12,946,749.

This would be $3,603,543 above the overall project budget programmed in the 2023- 2028 CIP Program.

The City has seen project construction costs rise dramatically over the past couple of years. To date, staff has been able to find the additional funding sources necessary to continue delivering projects. However, the lowest responsive bid received for the subject project EN0095 represents a 36% increase above the original construction cost estimate. Staff is concerned that the additional funding required to proceed with the project would jeopardize the City’s ability to deliver other street projects that are a stated high priority for Council, or have specific deadlines associated with their funding. Examples would include Project EN0088 – Prosperity/West Traffic Signal (stated high priority), and Project EN2016-12 - South “K” Street Improvements (STBGP funding deadline in fiscal year 2024/2025).

Fiscal Impact & Funding Source(s): Fund 021 – Measure R Local - $1,727,537; Fund 022 – Gas Tax (HUTA) - $876,931; Fund 122 – Gas Tax (RMRA) SB1 - $221,606; Fund 610 – Water CIP Fund – $4,070,610; Fund 615 – Sewer/Wastewater CIP Fund – $4,514,131; Fund 647 – Surface Water CIP Fund – $1,535,933 Legal Review: Subsequent contract approval to be reviewed by the City Attorney.

Alternative Action: 1) Reject all bids received for Project EN0095 – Academy and Apricot Improvements, and direct staff to re-bid the project in December. Past experience indicates that projects that are bid during this timeframe receive more interest from prospective contractors. There is also the possibility that material costs could decrease slightly from what they were at the time of the current bid. The hope is that lower bids would be received that fall within the City’s ability to fund the project; 2) Reject all bids received for Project EN0095 – Academy and Apricot Improvements, and direct staff to reprogram the project for construction in fiscal year 2024/2025 when additional funding is projected to become available; or 3) Direct staff to reduce the scope of the project, revise the design accordingly, and re-bid the project. It is anticipated that a reduced scope would result in lower bids, although additional design costs would be incurred.

12. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 8:05-8:05 p.m.]

13. STAFF UPDATES [Time Estimate: 8:05-8:10 p.m.]

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

15. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, November 21, 2023, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, October 17, 2023
6:00 p.m. - Special Meeting
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Janice Avila; Community
Development Director Mario Anaya; Chief Technology Officer Jason Bowling; Safety, Compliance & Facilities Officer Manny Correa
Proper notice of this meeting was given pursuant to Government Code Section 54954.2 and 54956.

1. CALL TO ORDER SPECIAL MEETING
Mayor Sayre called the special meeting of the City Council to order at 6:05 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Stationary Mobile Vendors & Vendor Stands.

Recommended Action: Review and discuss options related to stationary mobile vendors and vendor stands, and provide direction to staff thereto.

Presented By: Community Development Director Mario Anaya Public Comment: None
Council Action: Following discussion, it was determined additional research and discussion on this topic is necessary. Staff will schedule another work session in the near future.

3. ADJOURN SPECIAL MEETING
The special meeting was adjourned at 7:09 p.m.

4. CALL TO ORDER REGULAR MEETING
Mayor Sayre called the regular meeting of the City Council to order at 7:15 p.m. in the Council Chamber located at 491 North M Street.

Item #: 10.2
Consent
City Council Meeting Minutes October 17, 2023
City of Tulare Page 2

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Sayre led the Pledge of Allegiance, and an invocation was given by Dennis Sunderland, Pastor of Tulare Bethel Church.

6. PROCLAMATIONS & RECOGNITIONS

6.1 Support Your Local Chamber of Commerce Day Proclamation - October 18, 2023. Councilmember Mederos read and presented the proclamation to representatives of the Tulare Chamber of Commerce.

6.2 World Polio Day Proclamation - October 24, 2023. Vice Mayor Isherwood read and presented the proclamation to Rotary District 5230 District Governor Debbie Hale.

6.3 Recognition of Officers for Heroic Actions. Councilmember Harrell presented certificates to the officers who responded to an incident involving a vehicle fire on September 24. The citizen who was on the scene assisting at the time officers arrived, David Dodson, was recognized by the Police Department.

7. PUBLIC COMMENTS
The following provided public comment: James Walker regarding homeless leaving messes on the trail near the library.

8. COMMUNICATIONS
City Manager Marc Mondell advised there were no communications.

9. COUNCIL REPORTS AND ITEMS OF INTEREST
Council reported out on recent events and discussed items of interest.

10. CONSENT CALENDAR
It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the items on the Consent Calendar as presented.

10.1 Waive the reading of ordinances and approve reading by title only.

Recommended Action: Approve the reading by title only of all ordinances and that further reading of such ordinances be waived.

10.2 Special and/or Regular Meeting Minutes of October 3, 2023.

Recommended Action: Approve as submitted. [M. Hermann]

10.3 Fernjo Estates (Orchard 79) Subdivision Notice of Completion.

Recommended Action: Accept the required public works improvements for Fernjo Estates (Orchard 79) subdivision located east of Mooney Boulevard approximately 0.25 miles south of Bardsley Avenue as complete, authorize the City Engineer to sign a Notice of Completion (NOC), and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller] City Council Meeting Minutes October 17, 2023
City of Tulare Page 3

10.4 KCOK Ranch No. 3 Subdivision Notice of Completion.

Recommended Action: Accept the required public works improvements for KCOK Ranch No. 3 subdivision located east of Mooney Boulevard and north of Seminole Avenue as complete, authorize the City Engineer to sign a Notice of Completion (NOC), and direct the City Clerk to file the NOC with the Tulare County Recorder’s Office. [M. Miller]

10.5 Agreement for Sharing Cost of State Highway Electrical Facilities.

Recommended Action: Adopt a resolution approving an agreement with the State of California Department of Transportation for the allocation of operation and maintenance costs of electrical facilities associated with intersections of state highways and city roads and authorizing the Mayor and City Manager to execute same on behalf of the City. [M. Miller]

10.6 Purchase of Ford Transit Cargo Van for the Police Department.

Recommended Action: Award the purchase of one new/unused 2024 Ford Transit Cargo Van to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $63,946.97, which includes all fees, tax and shipping. [T. Whitfield]

10.7 Akers Street Irrevocable Offer of Dedication.

Recommended Action: Adopt a resolution accepting a portion of the Irrevocable Offer to dedicate real property along the Akers Street (also known as Gem Street) alignment south of Cartmill Avenue that was offered for dedication across Parcels 1, 7, and 8 of Parcel Map No. 5020 filed on December 31, 2010, in Book 51 or Parcel Maps at Page 26 in the Office of the Tulare County Recorder, from Robert W. Wagner, Successor Trustee of Trust A of the Lanting family Trust and from Rutherford Investment Properties, LLC. Direct the City Clerk to cause a certified copy of the resolution accepting the Irrevocable Offer of Dedication to be recorded in the Office of the Tulare County Recorder and authorize the City Manager or his designee to sign a Certificate of Acceptance for the same. [M.

Miller]

11. GENERAL BUSINESS

11.1 Women’s Clubhouse Repair Contracts.

Recommended Action: Approve and authorize staff to enter into agreements for repairs to the Women’s Clubhouse including roof repair to be conducted by A+ Roofing in the amount of $2,400 and weatherization to be conducted by SANCO in the amount of $8,400.

Presented By: Safety, Compliance & Facilities Officer Manny Correa Public Comment: None
Council Action: It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

12. FUTURE AGENDA ITEMS - NONE SUBMITTED

13. STAFF UPDATES
Staff provided updates on department activities.

City Council Meeting Minutes October 17, 2023
City of Tulare Page 4

14. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING ITEMS

14.1 Public Employee Performance Evaluation (Gov. Code § 54957) Title: City Manager
Council recessed to closed session at 7:56 p.m.

15. RECONVENE FROM CLOSED SESSION
Council reconvened from closed session at 9:39 p.m.

16. CLOSED SESSION REPORT
City Attorney Mario Zamora advised there was no reportable action.

17. ADJOURN REGULAR MEETING
The regular meeting was adjourned at 9:39 p.m.

Approved by Council: November 7, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Engineering Services - Project Management
Submitted by: City Engineer Michael Miller
Agenda Title: Notice of Completion – EN0084 Pleasant Avenue Improvements Project

RECOMMENDED ACTION
Accept as complete the contract with Dawson-Mauldin, LLC. of Selma, CA for work on Project EN0084 – Pleasant Avenue Improvements, a street and utility improvement project on Pleasant Avenue between Enterprise Street and North “H” Street; and authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the Tulare County Recorder’s Office.

SUMMARY
Capital Improvement Project EN0084 addressed pavement, utility infrastructure, and ADA sidewalk improvements on Pleasant Avenue between Enterprise Street and North “H” Street.

The project brought substandard and deteriorated water, sewer and surface water infrastructure up to current standards. It also constructed a new traffic signal at the intersection of Pleasant Avenue and West Street and realigned the intersection. This project was included in the approved 2019-2024 Capital Program budget. On May 4, 2021, the City Council awarded a contract to Dawson-Mauldin, LLC. of Selma, CA in the amount of $5,256,442.08.

Contract Change Order No. 8 was necessary to install underground utilities for Southern California Edison (SCE) in the intersection of Pleasant Avenue and West Street for the intersection realignment and installation of traffic signals. The City’s Contractor DawsonMauldin, LLC performed the work under the SCE Rule 20-B program. City Council approved this change order in the amount to not to exceed $419,250.00 on November 16, 2021.

However, due to easement constraints at the northwest corner of the intersection, it was necessary to revise the design to allow the work to fit within the existing right-of-way. As a result, Change Order No. 8 was revised to a reduced amount not to exceed $327,030.00.

A summary of contract costs is as follows:

10.3 Consent Page 1
All work required of Dawson-Mauldin, LLC. under this contract has been completed in accordance with the approved plans and specifications. The contractor has also provided the required Maintenance Bond in the amount equal to 10% of the final contract amount.

FISCAL IMPACT & FUNDING SOURCE(S)
The project was funded through a combination of RDA, Water, Sewer, Surface Water, and CDBG funds.

EN0084-050-0601
643 – Redevelopment Agency (RDA)
010 – Water (Bonds)
615 – Sewer/Wastewater (CIP)
647 – Surface Water (CIP)
077 – CDBG (Grant)

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes.

2. Deny – Should Council deny the request to accept the contract as complete at this time, the City would not release the contract retention of $305,698.15 to the Contractor. It would also prevent the City from recording a notice of completion, which starts the clock for subcontractors to file liens against the contractor, and begins the 1-year warranty period for the improvements. Without specific written findings justifying denial of acceptance by the City, the City could be susceptible to litigation regarding damages owed to the Contractor caused by the denial.

3. Table – Delaying acceptance of the contract as complete and issuing a notice of completion for the project may result in the City owing the Contractor interest on monies withheld. Postponement of issuing a notice of completion ties up the Contractor’s bonding capacity, potentially preventing them from bidding on other projects. Without specific written findings justifying its delay in accepting the project as complete, the City could be susceptible to litigation regarding damages caused by the denial.

ATTACHMENTS

1. Notice of Completion – City Project EN0084
Reviewed/Approved:

10.3 Consent Page 2
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
4 1 1 East Kern Avenue
Tulare, CA 93274 -4257
P URSUANT TO GOVERNMENT CODE SECTION 6 10 3 ,
NO RECORDING FEE REQUIRED.

N O T I C E O F C O M P L E T I O N
NOTICE IS HEREBY GIVEN THAT:

1. The City of Tulare, a Municipal Corporation, whose address is 411 East Kern Avenue, Tulare, California, 93274, is the owner of the real property, public works or structure hereinafter described.

2. The nature of the title of the stated owner is: In Fee.

3. On the 7th day of November, 2023, a work of improvement on real property hereinafter described was completed pursuant to a contract to which Title 15 of Part 4 of Division 3 of the Civil Code applies.

4. The name of the Contractor who performed said work of improvements pursuant to such contract with the City of Tulare is Dawson-Mauldin, LLC, whose address is 1071 E. Nebraska Avenue, Selma, CA, 93662. The surety on said contract is The Ohio Casualty Insurance Company.

5. The real property or public work or structure is described as follows:

Pleasant Avenue Improvements Project, City Project No. EN0084.

6. The public works improvements were accepted as complete by the City Council of the City of Tulare on November 7, 2023.

Dated: CITY OF TULARE
A Municipal Corporation,
By:

Michael W. Miller, City Engineer
VERIFICATION:

I am the City Engineer of the City of Tulare and am authorized to make this verification on behalf of the City. I have read the foregoing Notice of Completion, know the contents thereof, and believe it to be true and correct to the best of my knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on ________________________ , 2023 at Tulare, California.

By: _________________________________
Michael W. Miller, City Engineer

10.3 Consent Page 3 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Engineering Services - Project Management
Submitted by: City Engineer Michael Miller
Agenda Title: Contract Amendment with QK, Inc. for Project EN0094

RECOMMENDED ACTION
Approve and authorize the City Manager to sign a contract amendment in the amount of $12,750 with QK, Inc. for additional Labor Compliance services related to City Project EN0094 – Sycamore/San Joaquin Improvements, a street and utility improvement project between “O” Street and Blackstone Street, and between Tulare Avenue and San Joaquin Avenue; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of the revised contract amount.

SUMMARY
This project is a street and utility improvement project on the following street segments:
• King Avenue between “O” Street and Cherry Street,
• Sycamore Avenue between Cherry Street and Blackstone Street, • San Joaquin Avenue between “O” Street and Blackstone Street, • Madden Street between Tulare Avenue and King Street,
• Delwood Street between Sycamore Avenue and San Joaquin Avenue, and • Highland Street between Tulare Avenue and Sycamore Avenue.

FISCAL IMPACT & FUNDING SOURCE(S)
Additional costs associated with the proposed contract amendment will be funded from the projects contingency fund.

Fund EN0094-050-0999 - $12,750
Item #: 10.4
Consent

10.4 Consent Page 1

LEGAL REVIEW
None required at this time.

ALTERNATIVE ACTION

1. Approve with changes – Staff would be required to negotiate any proposed changes with the Labor Compliance contractor (QK, Inc.).

2. Deny – Project EN0094 cannot be completed without Labor Compliance services.

3. Table – Delay resulting from the City’s failure to act on the proposed contract amendment would likely impact the City’s ability to meet required Labor Compliance laws.

ATTACHMENTS
None
Reviewed/Approved:

10.4 Consent Page 2
Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Parcel Map Conditional Acceptance – Cartmill Commons

RECOMMENDED ACTION
Conditionally approve the parcel map for Cartmill Commons, and accept all easements and dedications offered to the City, subject to receipt of the signed parcel map, all fees, and other required items prior to January 6, 2024.

SUMMARY
Planning Commission Resolution No. 831 adopted on June 7, 2021, approved the tentative parcel map for the Cartmill Commons development located on the southwest corner of Cartmill Avenue and the Akers Street alignment. The overall commercial project comprises approximately 23 acres and is being developed in phases. The Cartmill Commons parcel map will create 10 commercially zoned parcels.

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

LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

ALTERNATIVE ACTION

1. Approve with changes – Changes would result in a delay to the project schedule.

2. Deny – Construction of the proposed commercial development would likely not move forward.

3. Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

ATTACHMENTS

1. A copy of Planning Commission Resolution No. 831

2. Cartmill Commons Parcel Map
Reviewed/Approved:

Item #: 10.5
Consent

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Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Orchard 79 Oversize Reimbursement

RECOMMENDED ACTION
Authorize the City Manager to execute an oversized construction reimbursement agreement with Orchard 79, LLC for regional storm drainage and Mooney Boulevard street improvement costs that were conditionally required by the City for the Orchard 79 (a.k.a. Fernjo Estates) subdivision that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
As part of the development of the Orchard 79 subdivision located on the east side of Mooney Boulevard approximately 1,500 feet south of Bardsley Avenue, Orchard 79, LLC has completed construction of required storm drainage and Mooney Boulevard street improvements within the Orchard 79 development area. A portion of these improvements have been determined by the City Engineer to be of supplemental size and capacity and are components of the City’s Development Impact Fee Program, including the following:
• Construction of Mooney Boulevard street improvements to an arterial street standard; • Construction of master plan storm drain lines.

Costs associated with supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code. The attached oversize construction reimbursement agreement identifies the improvements and associated costs eligible for oversize construction reimbursement from the City.

FISCAL IMPACT & FUNDING SOURCE(S)
DIF Storm Drain Facilities – Principal / TBD
DIF Storm Drain Facilities – Interest / TBD
DIF Transportation Facilities – Principal/TBD
DIF Transportation Facilities – Interest/TBD

LEGAL REVIEW
The oversize construction reimbursement agreement has been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approving with changes would have minimal effect on reimbursement to the developer.

2. Denial of the oversized construction reimbursement agreement would not allow the developer to be reimbursed for improvements identified as oversize in the city’s ordinance.

3. Tabling of the oversized construction reimbursement agreement could delay reimbursement to the developer.

Item #: 10.6
Consent

10.6 Consent Page 1

ATTACHMENTS

1. Orchard 79 Oversize Construction Reimbursement Agreement Reviewed/Approved:

10.6 Consent Page 2
1 OVERSIZED CONSTRUCTION REIMBURSEMENT AGREEMENT
This Agreement is entered into this day of , 2023, by and between the CITY OF TULARE, hereinafter referred to as the "CITY", and Orchard Square 79, LLC, hereinafter referred to as "DEVELOPER".

W I T N E S S E T H
WHEREAS, said DEVELOPER has installed storm drainage improvements of a supplemental size, capacity, number, or length and/or excessive right of way as required by the CITY as a condition of a development or extension of city facilities for Orchard 79 Subdivision; and
WHEREAS, the provisions of Chapter 8.64 of Title 8 of the City Code of Tulare requires in the event that sewer, water, storm drain or street improvements are installed by a developer or an applicant or right of way is dedicated which contain oversize, the CITY shall enter into a reimbursement agreement for oversize construction; and
WHEREAS, the DEVELOPER has submitted all anticipated oversized costs to the CITY for review, approval and inclusion into the reimbursement agreement prior to the start of construction; and
WHEREAS, oversize shall be based on the actual cost of installation or the appraised value of right of way. In addition, reimbursement shall be limited to the additional material and equipment costs where a difference of pipe size is involved or for excessive right of way dedications shall be limited to the fair market value based on the zoning at the time the right of way is acquired or first specified as a condition of development approval if applicable, whichever comes first, and land values at the time of acceptance. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees attributable to the oversized portion; and WHEREAS, The CITY shall pay pursuant to Section 66486 of the Government Code an amount attributable to interest on the oversize.

NOW, THEREFORE, be it agreed, by and between the CITY and DEVELOPER as follows:

I. Oversize improvements installed and\or excessive right of way dedicated by the DEVELOPER and their principal costs less any credits given the DEVELOPER against fees due the CITY for installation of these improvements and/or excessive right of way dedicated are as follows:

10.6 Consent Page 3 ATTACHMENT 1
2 STORM DRAIN FACILITIES
Description Quantity
Unit
Measure Unit Price
Oversize
Cost
36” Master Plan Storm Drain Line 827 LF $333.952 $276,178.68 Total Storm Drain Facilities Oversize = $276,178.68
Less Development Impact Fee Credits Issued To Date = $21,645.00 Principal Due To Developer = $254,533.68

STREET FACILITIES
Description Quantity
Unit
Measure Unit Price
Oversize
Cost
First 22 feet of paving – 2” hot mix asphalt 12,819 SF $1.65 $21,151.35 First 22 feet of paving – 4” aggregate base 12,819 SF $0.65 $8,332.35 Last 18’ feet of paving – 6” hot mix asphalt 11,737 SF $4.78 $56,102.86 Last 18’ feet of paving – 12” aggregate base 11,737 SF $1.98 $23,239.26 Last 18’ feet of paving – 8” subgrade 11,737 SF $0.40 $4,694.80 Total Street Facilities Oversize = $113,520.62
Less Development Impact Fee Credits Issued To Date = $113,520.62 Principal Due To Developer = $0.00
II. The CITY shall pay interest on the remaining principal at a variable rate compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence from the acceptance date on the notice of completion.

III. Reimbursements are to be made by mail to the DEVELOPER at the following address:

Orchard Square 79, LLC
PO Box 5818
Palm Springs, CA 92263
Attention: Daniel N. Bailey
IV. The DEVELOPER shall not transfer the rights to reimbursements without the express written consent of the CITY after having submitted a signed and notarized written request for said transfer to the City Engineer.

V. This Agreement represents the entire understanding of the CITY and the DEVELOPER

10.6 Consent Page 4
3 as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the DEVELOPER.

VI. If any section, subsection, paragraph, sentence, clause, or phrase of this Agreement is held to be unconstitutional or invalid or ineffective by any Court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Agreement, or any part thereof.

IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written.

CITY OF TULARE <Developer>
A Municipal Corporation
“CITY” “DEVELOPER”
By: By:

Marc Mondell, City Manager
Name: Daniel N. Bailey
Company: Orchard Square 79, LLC
Title: Owner
ATTEST:

Chief Deputy City Clerk and Clerk of
the Council of the City of Tulare
APPROVED AS TO FORM:

City Attorney

10.6 Consent Page 5
4 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of Notary Public

10.6 Consent Page 6
Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Quitclaim Deed Rights to Ditch Easements

RECOMMENDED ACTION
Approve Quitclaim Deed for Ditch and Canal Easement recorded on August 20, 1946, in Book 1185, at Paige 2665 of Official County Records, in the City of Tulare, County of Tulare, State of California to SFT Capital LP, a California Limited Partnership. Authorize the City Manager to sign the respective Certificate of Conveyance.

SUMMARY
As part of the Farrar Estates subdivision project, the existing City storm drain basin located 400 feet east of Spyglass Street on the south side of Seminole Avenue was expanded to accommodate additional drainage from Farrar Estates. The land for the basin expansion was dedicated to the city in fee title by the Developer of the Farrar Estates subdivision.

FISCAL IMPACT & FUNDING SOURCE(S)
No financial impacts to the City.

LEGAL REVIEW
The City Attorney has reviewed and approved to form the Engineering Department’s standard quitclaim deed.

ALTERNATIVE ACTION

1. Approval with minor changes would likely have minimal effect on KCOK 5/9 subdivision.

2. Denying the quitclaim deed would prevent the KCOK 5/9 subdivision development to move forward in accordance with its previously City-approved tentative subdivision map configuration.

3. Tabling the quit claim deed could delay recording the final map for the KCOK 5/9 subdivision.

Item #: 10.7
Consent

10.7 Consent Page 1

ATTACHMENTS

1. Quit Claim Deed

2. Certificate of Conveyance
Reviewed/Approved:

10.7 Consent Page 2

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

Sft Capital LP
20331 Irvine Avenue Ste. E2
Newport Beach, Ca 92660

SPACE ABOVE THIS LINE FOR RECORDER’S USE

QUITCLAIM DEED
THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $0.00 – No Consideration Easement ( ) Computed on full value of property conveyed, or
( ) Computed on full value less liens and encumbrances remaining at time of sale. ( ) Unincorporated area ( X ) City of Tulare
( ) Realty not sold (value less than $100)
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF TULARE, a Municipal Corporation and Charter Law City, of the State of California (“Grantor”) hereby releases, remises, and quitclaims to SFT CAPITAL LP, A CALIFORNIA LIMITED PARTNERSHIP all of its right, title, and interest in and to the real property in the City of Tulare, County of Tulare, State of California, more particularly described as follows:

DITCH AND CANAL EASEMENT RECORDED AUGUST 20, 1946 IN BOOK 1182, AT PAGE 2665, OF OFFICIAL COUNTY RECORDS, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA.

Dated: ___________________________ City of Tulare, a Municipal Corporation and Charter Law City, of the State of California, “Grantor”
By: _________________________________
President of the Council and Ex-Officio
Mayor of the City of Tulare
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA)
) SS.

COUNTY OF TULARE )
On before me, , Notary Public, personally
appeared who proved to me on the basis of satisfactory evidence to the be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal
Signature (SEAL)

10.7 Consent Page 3 ATTACHMENT 1

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Quitclaim Deed dated November _______, 2023, from the City of Tulare, a Municipal Corporation of the State of California to SFT Capital LP, a California Limited Partnership, was duly conveyed by the City Council of the City of Tulare on November 7, 2023, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Conveyance to be recorded with the Quitclaim Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk

10.7 Consent Page 4 ATTACHMENT 2
Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Little Caesars Deferred Improvement Agreement Drive Aisle

RECOMMENDED ACTION
Approve a short-term deferred improvement agreement with Gussan Shedid, to defer the construction of a drive aisle connecting the developer’s parcel with the parcel to the south associated with the Little Caesars development.

SUMMARY
As part of the Little Caesars development located along the east side of Mooney Boulevard north of Bardsley Avenue, the developer, Gussan Shedid is to provide access to the parcel to the south. Mr. Shedid has granted an access easement to the southern parcel but would like to defer installation of the drive aisle that connects the properties. Mr. Shedid is in discussion with the adjacent property owner to the east about the possibility of providing access through their parcel as part of a larger development, which would eliminate the need to construct the connecting drive aisle. This would allow Mr. Shedid to further expand the commercial development on his property in the future. Mr. Shedid has requested a 2-year deferred improvement agreement on the installation of the drive aisle and is willing to post a bond or equivalent surety to secure completion of said improvements.

FISCAL IMPACT & FUNDING SOURCE(S)
None

LEGAL REVIEW
The City Attorney has reviewed and approved to form the Engineering Department’s standard deferred improvement agreement.

ALTERNATIVE ACTION

1. Approve with changes could delay the continued development of the site.

2. Denial of the deferred improvement agreement would require the access drive aisle to be installed, limiting any further development of the site.

3. Tabling the item would delay the completion of the Little Caesars project.

ATTACHMENTS

1. Little Caesars Access Drive Aisle Deferred Improvement Agreement

2. Access easement with adjacent property to the south.

Reviewed/Approved:

Item #: 10.8
Consent

10.8 Consent Page 1
1 RECORDING REQUESTED BY:
2 3 City of Tulare
4 411 East Kern Avenue
5 Tulare, CA 93274
6 7 WHEN RECORDED MAIL TO:
8 9 Same
10 11 PURSUANT TO GOVERNMENT CODE SECTION 6103,
12 NO RECORDING FEE REQUIRED.
13 14
15 SHORT-TERM DEFERRED
16 IMPROVEMENT AGREEMENT
17 DRIVE AISLE
18 19 This Agreement, made and entered into as of this ______ day of November, 2023, by and between the 20 CITY OF TULARE, a Municipal Corporation in the State of California, hereinafter referred to as 21 “CITY”, and Gussan Shedid, hereinafter referred to as the "APPLICANT"; 22 23 W I T N E S S E T H
24 25 WHEREAS, the APPLICANT has received approval through Site Plan Review SP20-038 approving 26 the Little Caesars development on Assessor’s Parcel No. 172-150-021 (hereinafter referred to as the 27 “PROPERTY”) located in the City of Tulare, County of Tulare, State of California; and 28 29 WHEREAS, the City of Tulare placed engineering conditions of approval on development of the 30 PROPERTY located approximately 550 feet north of Bardsley Avenue on the east side of Mooney 31 Boulevard and incorporated by reference herein, including the requirement for the construction of a 32 drive aisle that connects the PROPERTY to the parcel to the south (hereinafter referred to as the 33 "IMPROVEMENTS"); and
34 35 WHEREAS, the APPLICANT has requested that such IMPROVEMENTS be deferred for a maximum 36 of 2 years; and
37 38 WHEREAS, construction of the IMPROVEMENTS may be deferred in accordance with a Short Term 39 Deferred Improvement Agreement to be executed by the APPLICANT and CITY pursuant to City of 40 Tulare Municipal Code Section 8.24.510 (C) to that future point in time when such IMPROVEMENTS 41 are required by the City Engineer to be constructed; and 42 43 WHEREAS, the APPLICANT has indicated a willingness to enter into such an improvement 44 agreement upon the terms and conditions set forth herein below; 45 46 NOW, THEREFORE, BE IT AGREED as follows:

10.8 Consent Page 2 ATTACHMENT 1
1 1. Construction of IMPROVEMENTS. The APPLICANT hereby agrees, in consideration of the 2 engineering conditions of approval for Site Plan Review SP20-038, to construct or cause to be 3 constructed the IMPROVEMENTS specified in the Engineering Conditions of said Site Plan Review 4 conditions within ninety (90) days of receipt of a written demand of Notice to Proceed by the CITY. 5 Said IMPROVEMENTS shall be constructed in compliance with all applicable City Standards, 6 including all amendments adopted hereafter.
7 8 2. Development Impact Fees. The APPLICANT covenants and agrees to timely pay all current, 9 relevant and pertinent Development Impact Fees, and any other current and applicable permit or 10 processing fees as of the period of time wherein CITY makes a written demand of Notice to Proceed 11 for construction as defined in Section 1 herein.
12 13 3. Security. The APPLICANT shall secure performance under this agreement by obtaining a 14 Performance Bond or other acceptable security in the amount of twenty-one thousand nine hundred 15 and thirty dollars ($21,930.00), which represents 110% of the estimated construction cost of the 16 IMPROVEMENTS enumerated in Section 1 above, which the CITY can claim in the event that 17 APPLICANT fails to construct and complete the IMPROVEMENTS within the time limits set forth 18 in Section 1, and consistent with Section 9 herein. The bond shall be in the form acceptable to the City 19 Engineer and City Attorney. In the event the Performance Bond expires prior to the end of the Term 20 of the Agreement, APPLICANT shall give notice to CITY prior to ninety (90) days of the expiration 21 or termination of the Bond and renew said bond for the amount of 110% of the estimated construction 22 costs of the IMPROVEMENTS enumerated in Section 1 above. The City Engineer shall estimate that 23 cost of construction at the time of renewal and shall require the amount of the renewal Bond to meet 24 or exceed that estimated cost of construction defined by the City Engineer. The APPLICANT shall 25 secure payment under this agreement by obtaining a Labor and Materials Bond or other acceptable 26 security in the amount of ten thousand nine hundred and sixty-five dollars ($10,965.00), which 27 represents 50% of the Performance Bond or other acceptable security, to secure payment to all 28 contractors and subcontractors performing work on said IMPROVEMENTS and all persons furnishing 29 labor, materials or equipment to them for said IMPROVEMENTS. Payment Security shall be in the 30 form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to 31 the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. No reduction 32 in Payment Security shall be allowed prior to the CITY’s recordation of a Notice of Completion, and 33 prior to the passage of the time within which claims of lien are required to be recorded as stipulated in 34 Government Code Section 66499.7(h).
35 36 4. Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final 37 acceptance by the CITY shall be repaired or replaced by APPLICANT before any securities are 38 released. Final acceptance by CITY shall not occur until damage has been repaired to prior and agreed 39 upon condition.
40 41 5. Remedy of Defects. APPLICANT shall remedy any defective work, labor or materials related to 42 the IMPROVEMENTS, and shall pay CITY for any damage to the IMPROVEMENTS resulting 43 therefrom, which occur within a period of one year from the date of final acceptance of the 44 IMPROVEMENTS by CITY. Prior to final acceptance of the IMPROVEMENTS by CITY, a 45 warranty/maintenance bond or certificate of deposit shall be provided by APPLICANT, in the amount 46 of two thousand one hundred ninety-three dollars ($2,193.00), which represents 10% of the

10.8 Consent Page 3
1 Performance Bond or other acceptable security, and shall be released one year following final 2 acceptance, less any amount required to remedy defective work. 3 4 6. Term of Agreement. The term of this Agreement shall be 2 years from the date of execution of this 5 Agreement. In the event that CITY has not made a written demand for the APPLICANT to construct 6 the subject IMPROVEMENTS prior to ninety (90) days before the end of the term of this Agreement, 7 APPLICANT shall be obligated, without written request by the CITY to construct and complete the 8 subject IMPROVEMENTS enumerated in Section 1 above, City of Tulare Municipal Code section 9 8.24.510(C)(6).
10 11 7. Indemnity. Except as to the sole negligence, active negligence or willful misconduct of the CITY, 12 APPLICANT expressly agrees to, and shall, indemnity, defend, release, and hold the CITY, and its 13 respective officials, officers, employees, agents, and contractors harmless from and against any Action, 14 liability, loss, damage, entry, judgment, order, and lien, which arises out of, or are in any way related 15 to, any act or omission of APPLICANT, or its officers, directors, employees, agents, or contractors, 16 connected with the performance under this Agreement, the construction, use, or operation of the 17 Project, notwithstanding that the CITY may have benefited therefrom, or any challenge to this 18 Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, 19 whether active or passive, on the part of APPLICANT’s officers, directors, employees, agents and 20 contractors. The CITY shall not be responsible for any acts, errors or omissions of any person or entity 21 except the CITY and its officers, agents, servants, employees or contractors. The Parties expressly 22 agree that the obligations of APPLICANT under this Section shall survive the expiration or early 23 termination of the Agreement.
24 25 8. Notices. All notices or written demands to be given pursuant to this Agreement by either party 26 shall be mailed by certified mail, return receipt requested, addressed as follows:
27 28
29 APPLICANT: Gussan Shedid
30 3849 Jenkins Road
31 Bakersfield, CA 93314
32 33
34 CITY: City Engineer
35 411 E. Kern Avenue
36 Tulare, California 93274
37 38 Each party shall promptly notify the other in writing of any change in that party's mailing address. 39 40 9. Default and Remedies.
41 42 a. Default. APPLICANT’s failure or unreasonable delay to perform any term or provision of this 43 Agreement constitutes a Default of this Agreement. In the event of a Default, the CITY shall give 44 written “Notice of Default” to the APPLICANT, specifying the Default. Delay in giving such notice 45 shall not constitute a waiver of the Default. If the APPLICANT fails to cure the Default within thirty 46 (30) days after receipt of a notice specifying the Default, or, if the Default is of a nature that cannot be

10.8 Consent Page 4
1 cured within thirty (30) days, the APPLICANT fails to commence to cure the Default within said thirty 2 (30) days and thereafter diligently prosecutes such cure to completion, then the APPLICANT shall be 3 liable to the CITY for any and all damages caused by such Default. 4 5 Pursuant to City of Tulare Municipal Code section 8.24.510(C)(2), the CITY is authorized to have 6 construction completed and charge the entire cost of completion to the APPLICANT, including 7 interest from the date Notice of Default is provided, in the event of Default (the interest rate charged 8 should be consistent with the regulations of Article 15, Section 1 of the California Constitution). 9 Damages caused by such Default which are covered by this Agreement and the relevant Municipal 10 Code include, but are not limited to, all litigation costs and reasonable attorneys’ fees. In the event of 11 APPLICANT’s Default, these costs shall become part of the City of Tulare’s lien against the real 12 property pursuant to City of Tulare Municipal Code section 8.24.510(C)(5). 13 14 b. No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, 15 covenants or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor 16 shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be 17 deemed a waiver or relinquishment of such other right or power at any other time or times. 18 19 c. Remedy of Default. Obligations under this Agreement shall constitute a lien subject to 20 foreclosure in in the event of default pursuant to City of Tulare Municipal Code section 8.24.510(C)(4). 21 22 d. Legal Action. In addition to any other rights and remedies any party may institute a legal action 23 to require the cure of any default and to recover damages for any default, or to obtain any other remedy 24 consistent with the purpose of this Agreement. The following provisions shall apply to any such legal 25 action.
26 27 i. Legal action must be instituted and maintained in the Superior Court of the County of Tulare, 28 State of California.
29 30 ii. The laws of the State of California shall govern the interpretation and enforcement of this 31 Agreement.
32 33 iii. In the event the City commences an Action against APPLICANT which arises out of 34 APPLICANT’s Default of, breach of, failure to perform, or that is otherwise related to, this 35 Agreement, then the CITY shall be entitled to recover its costs and reasonable litigation expenses from 36 APPLICANT in addition to whatever relief to which the CITY may be entitled in accordance with 37 City of Tulare Municipal Code section 8.24.510(C)(5) 38 39 10. Recordation of Agreement. Upon execution of the Agreement by the CITY and the APPLICANT, 40 this Agreement shall be recorded in the Office of the Tulare County Recorder. From and after the date 41 of recordation, the terms and conditions of said Agreement shall be binding upon the heirs, executors, 42 administrators, grantees, and successors.
43 44 11. Modification. This Agreement shall be amended or modified only with the prior written consent 45 of all parties thereto and any such amendment shall be recorded forthwith in the Office of the Tulare 46 County Recorder.

10.8 Consent Page 5
1 2 12. Interpretation. The CITY and APPLICANT acknowledge that this Agreement is the product of 3 mutual negotiation and drafting and each represents and warrants to the other that it has been 4 represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule 5 of construction which provides the ambiguities in a document shall be construed against the drafter of 6 that document shall have no application to the interpretation and enforcement of this Agreement. In 7 any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such 8 extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and 9 give effect to the intention of the parties hereto.
10 11
12 IN WITNESS WHEREOF, this Agreement is executed on the date and year first above written. 13 14
15 16 CITY OF TULARE Gussan Shedid
17 A Municipal Corporation
18 “CITY” “DEVELOPER”
19 20
21 By: By:
22 Marc Mondell, City Manager
23 24 Name: Gussan Shedid
25 26 Title: Owner
27 28
29 30 ATTEST:
31 32
33 34 Chief Deputy City Clerk and Clerk of
35 the Council of the City of Tulare
36 37
38 39 APPROVED AS TO FORM:
40 41
42 43 City Attorney
44 45

10.8 Consent Page 6
1 2
3 4
5 6
7 8
9 10
11 12
13 State of California )
14 )
15 County of Tulare ) Ss.
16 17
18 On ______________________________, before me, ____________________________, personally 19 appeared _________________________________________, personally known to me (or proved to 20 me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the 21 within instrument, and acknowledged to me that he/she/they executed the same in his/her/their 22 authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the 23 entity upon behalf of which the person acted, executed the instrument. 24 25 WITNESS my hand and official seal
26 27 Signature _______________________________
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

10.8 Consent Page 7
-· RECORDING REQUESTED BY:
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EASEMENT DEED FOR INGRESS AND EGRESS
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby eicknowledged,. SO[!TH MOONEY LLC,~ liforrii~ limited liability Company, Grantor hereby GRANT(S) to Property Owners of .MfrgwdS\~ Ul. \l.~ak Grantee(s) a non-exclusive easement for ingress and egress and incidental purpoist::~ ~~er {h·e "tollow1hg aescnoea real property ("Servient Tenement") in the City of T U LA R E , County of TULARE, State of California; As shown in ~xhibit "A" attached hereto and incorporated herein. A.P.N. 1 7 2 - 1 .. 5 .. 0 - 0 2 1 ~Coli
Said non-exclusive easement is appurtenant to and for the benefit of the following described properties ("Do(ninant Tenements") in, the City of TULARE, County of TULARE, State of California; As shown in Exhibit "B" attached hereto and irycorporated herein.

A.P.N. 172-150-024 and A.P.N. 172-150-019 - - - ---- --- -- - This appurtenant non-exclusive easement is described as a portion of the Servient Tenement and more spefifically described in Exhibit "A" attached hereto and incorporated herein.

This appurtenant non-exclusive easement shall run with the lands described above and for the sole. benefit 'f the Dominant Tenements and shall bind the heirs, successors and assigns of the above named Grantor(s) and Grantee(s) and the County Recorder is hereby instructed to index this Easement Deed for Ingress and Egress in the granter/grantee in ex under the names of the respective parties. .,-,,
DATED: /CJ-/7 -- .20~2
' '
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
t
Sta~\ of California - County of
onU( ·' ~ 1\X I , 1.._o
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before me
ublic,
personally appeared ,. , , .., >A~J' ,. • • , , .,.d ,, 1 , 4
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
, WITNESS my hand and official seal.
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Signature .... ,_~
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SPACE BELOW RESERVED FOR NOTARY SEAL
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Notary Pub!i - California
Kern C unty
Commission# 2399303
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My Comm. Expinrs Apr 28, 2026
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10.8 Consent Page 8 ATTACHMENT 2

Page 1 of 2 ends

EXHIBIT 'A'
Lane Engineers, Inc. Job No. 20329
October 12, 2022
INGRESS/EGRESS EASEMENT:

That portion of the SW1/4 of Section 7, Township 20 South, Range 25 East, Mount Diablo Base and Meridian, in the City of Tulare, County of Tulare, State of California, more particularly described as follows:

COMMENCING at the Southwest corner of said Section 7;
Thence North 00°43’51” East 457.45 feet along the West line of said SW1/4 of Section 7; Thence South 88°27’42” East 123.51 feet parallel with and 457.4 feet North of the South line of said SW1/4 of Section 7 as measured at right angles thereto to the TRUE POINT OF BEGINNING;
Thence North 00°43’51” East 73.07 feet;
Thence North 89°16’09” West 55.50 feet to a point 68.00 feet easterly of said West line as measured at right angles thereto;
Thence North 00°43’51” East 36.00 feet parallel with and 68.00 feet easterly of said West line; Thence South 89°16’09” East 154.00 feet to the West line of Parcel 4 of Parcel Map No. 4628, recorded in Book 47 of Parcel Maps, at Page 33, T.C.R.; Thence South 00°43’51” West 25.00 feet along the West line of said Parcel 4; Thence North 89°16’09” West 73.50 feet;
Thence South 00°43’51” West 84.42 feet to a point on a line parallel with and 457.4 feet North of the South line of said SW1/4 of Section 7;
Thence North 89°27’42” West 25.00 feet parallel with said South line of the SW1/4 of Section 7 to the TRUE POINT OF BEGINNING;
CONTAINING 0.15 ACRES OR 6,567 SQUARE FEET, MORE OR LESS.

SEE EXHIBIT ‘B’ ATTACHED HERETO.

10.8 Consent Page 9 10.8 Consent Page 9
"
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68'

EXHIBIT B
SCALE: 1" = 30'
PARCEL4
PARCEL MAP NO. 4628
REC. IN BK. 47 OF PARCEL MAPS, AT PG. 33, T.C.~.

NORTH
SCALE: 1" = 30'
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APN 172-150-024
JOB NO. 20329
2 OF 2

10.8 Consent Page 10
Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Letters of Support for Caltrans ITIP Programming

RECOMMENDED ACTION
Authorize the mayor to sign letters of support for the inclusion of improvements to segments of State Route 99 between Delano and Pixley in Tulare County, and between Avenues 7 and 12 and Avenues 17 and 21 in Madera County, in the 2024 Interregional Transportation Improvement Program (ITIP).

SUMMARY
The Interregional Transportation Improvement Program (ITIP) is a five-year capital improvement program prepared by the California Department of Transportation (Caltrans) pursuant to Government Code 14526, Streets and Highways Code Section 164, and the California Transportation Commission’s 2022 State Transportation Improvement Program (STIP) Guidelines. The ITIP is a subcomponent of the STIP that focuses on improving the movement of people and goods on state routes that serve to connect entire regions within the state rather than individual metropolitan areas. State Route 99 is a prime example of such a facility, and three Central Valley projects that would greatly benefit our region have been included in the draft 2024 ITIP. These projects would facilitate improvements to the following segments:
• SR 99 from Delano to Pixley (Tulare County) - $4 million for construction. • SR 99 from Avenue 7 to Avenue 12 (Madera County) - $5.5 million for construction. • SR 99 from Avenue 17 to Avenue 21 (Madera County) - $4.3 million for environmental studies.

Letters of support have been prepared and are attached for Council’s consideration.

FISCAL IMPACT & FUNDING SOURCE(S)
N/A

LEGAL REVIEW
None required at this time.

Item #: 10.9
Consent

10.9 Consent Page 1

ALTERNATIVE ACTION

1. Approve with changes – Staff would incorporate any requested changes into the final letters of support.

2. Deny – Improvements to SR 99 provide regional benefits, including the City of Tulare and its commercial/industrial sector. Denial of the request for letters of support could negatively impact the decisions of Caltrans and the California Transportation Commission to include these improvements in the 2024 ITIP, making the likelihood of their construction in the next 10+ years unlikely.

3. Table – TCAG has requested that letters of support be received by the end of November 2023.

ATTACHMENTS

1. Caltrans Letter of Support

2. CTC Letter of Support
Reviewed/Approved:

10.9 Consent Page 2

411 East Kern Avenue  Tulare, California 93274  559.684.4200  Fax 559.366.1701

CITY COUNCIL
November 7, 2023
Tony Tavares, Director
Caltrans
PO Box 942873
Sacramento, CA 94273-0001
Subject: Caltrans ITIP Programming for State Route 99 in Tulare and Madera Counties
Dear Director Tavares:

We are providing this letter to express support for the inclusion of the SR-99 Delano to Pixley project in Tulare County and the SR-99 Ave 7-12 and SR-99 Ave 17-21 projects in Madera County in the 2024 Interregional Transportation Improvement Program (ITIP). State Route 99 is the transportation backbone of Tulare County and the San Joaquin Valley and is a critical northsouth goods movement artery for the State. It’s because of the need for freight mobility and safety for Tulare and Madera Counties, the San Joaquin Valley and the State as a whole that continued investment in projects like these are critical. • The San Joaquin Valley (SJV) is the highest producing agricultural region in the United States. In 2022, $39 billion of California’s $56 billion of agricultural goods came from the San Joaquin Valley. If it were a state, the SJV would be the top agricultural producer in the country.
• These projects have been identified as a priority project in the San Joaquin Valley Goods Movement Plan and the Caltrans State Route 99 Business Plan. • These projects combined with on-going locally funded interchange and other corridor improvements are part of a systematic effort to improve safety, goods movement and economic opportunity in the San Joaquin Valley. Tulare and Madera Counties are among the most disadvantaged counties (by almost any economic or demographic indicator) in the State.

If you have any questions regarding these projects, please contact Ted Smalley at 559-623- 0450 or [email protected].

Sincerely,
Terry A. Sayre
Mayor of the City of Tulare
cc: Lee Ann Eager, CTC Chair

10.9 Consent Page 3 ATTACHMENT 1

411 East Kern Avenue  Tulare, California 93274  559.684.4200  Fax 559.366.1701

CITY COUNCIL
November 7, 2023
Chair Lee Ann Eager
California Transportation Commission
1120 N Street, Mail Station 52
Sacramento, CA 95814
Subject: Caltrans ITIP Programming for State Route 99 in Tulare and Madera Counties Attention: Tanisha Taylor
Dear Chair Eager:

If you have any questions regarding these projects, please contact Ted Smalley at 559-623- 0450 or [email protected].

Sincerely,
Terry A. Sayre
Mayor of the City of Tulare
cc: Tony Tavares, Director, California Department of Transportation

10.9 Consent Page 4 ATTACHMENT 2
Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Engineering Services - Project Management
Submitted by: City Engineer, Michael Miller
Agenda Title: Quarterly Projects Dashboard

RECOMMENDED ACTION
Accept the Quarterly Projects Dashboard for Quarter 1 of Fiscal Year 2023/2024.

SUMMARY
The Quarterly Project Dashboard for the 1st Quarter of Fiscal Year 2023/2024 is attached reflecting the quarterly status of capital projects. The timeline, budgets, percentage complete, and notes indicating specific activity related to each project are also highlighted. The dashboard provides a visual summary of the overall progress of the City’s major Capital Improvement Projects for the Council’s edification. Background information related to the City’s policies for capital improvement project management, and additional information related to the attached report is presented below.

On December 16, 2014, the Tulare City Council adopted the Tulare Project Management System Program Policy (TPMS). The goal of the TPMS is to help the City accomplish significant projects on time, within budget, and in accordance with each project’s clearly defined scope. The TPMS utilizes a systematic approach to project management with the following goals:
• Establish consistency in how projects are managed;
• Create department 5-year project plans;
• Improve pre-planning and preparation;
• Identify and implement management policies and procedures; • Improve project cost tracking and project delivery;
• Formalize and improve project reporting; and
• Review and evaluate project successes or failures upon completion to improve on future projects.

Projects shown in GREEN are in the Environmental or Right of Way Acquisition Phase.

Projects shown in ORANGE are those that are in the Construction or Implementation Phase.

FISCAL IMPACT & FUNDING SOURCE(S)
Not applicable
Item #: 10.10
Consent

10.10 Consent Page 1

LEGAL REVIEW
Not applicable

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. City Council Capital Projects Dashboard
Reviewed/Approved:

10.10 Consent Page 2
ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: 1st Quarter FY 2023/24 Project Name Contacts Description Progress Update Project Budget Completion EN0090 –
SequoiaSpruce Tracts
Improvements
District(s): 4 Pavement
management system
and utility project on
Spruce St. (BardsleyTulare), Sierra (Hwy 99-
Spruce), Sierra/Sequoia
Alley (Hwy 99-Spruce),
Sequoia (DaytonSpruce), and adjacent
alleys. Includes ADA
concrete work, water,
sewer, and storm drain
facilities.

Construction
The project was
broken into 5 phases.

Phase 5 – Asphalt
remediation was
completed 5/9/23
NOC approved by
council 8/1/2023
Total
Budget:
$8,185,415.71
Division: Engineering
Construction
Contract
Award:

Project $6,045,366.78
Manager:

Nick Bartsch
CO’s to
Date:
$55,017.21
(.91%)
Engineer: Peters
Engineering
Group
Total
Construction
Contract:
$5,929,960.43
Contractor: 99 Pipeline,
Inc.

Contract
Working
Days:
270
Completed:

Summer 2023
Funding: Measure R,
Gas Tax SB1 (RMRA),
Water CIP, Sewer CIP,
Storm Drain CIP
EN0091:

Elliott Tract
Improvements
District(s): 1 Pavement management
system and utility
project on Owens
(West-Santa Clara), Los
Angeles (BardsleyOwens), Elm (WestSacramento), and Santa Clara (Bardsley-Inyo).

Includes ADA concrete
work and water, sewer
and storm drain
facilities.

Construction
All phases of work
have been
completed. City staff
working with
consultants on
closeout documents
Total Budget: $5,808,207
Division: Engineering
Construction
Project Contract Award: $4,136,815
Manager:

Nick Bartsch
CO’s to Date: $46,858.44
Engineer: 4Creeks (1.12%)
Total
Construction
Contract:
$4,183,673
Contractor: DawsonMauldin, LLC. Contract
Working Days: 190
Expected Completion:
2023
Funding: Gas Tax, Gas
Tax (RMRA) SB1, Water
CIP, Sewer CIP, Streets
CIP, Storm Drain CIP
100%
Design R.O.W. Const.
100%
Design R.O.W. Const.

10.10 Consent Page 3 ATTACHMENT 1
ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: 1st Quarter FY 2023/24 Project Name Contacts Description Progress Update Project Budget Completion EN0092:

Pratt St. /
MeffordChoice Tracts
Improvements
District(s): 1 & 2 Pavement management
system and utility project
on Pratt (Bardsley-Inyo),
Walter (Bardsley-Elm),
Oliver (Bardsley-Elm),
Cleveland (Bardsley-Elm),
Victoria (Bardsley-Elm),
Elm (Howard-D Street),
and “C” Street (ElmAlpine). Includes ADA
concrete work and
water, sewer and storm
drain facilities.

Construction:

Started 2/25/22;
Project was broken
into 5 Phases
Phase 1-3 & 5 –
Have been
completed.

Phase 4 – Pending
asphalt concrete
remediation.

Budget: $8,728,466
Division: Engineering
Contract
Construction
Award:
$6,782,277
Project
Manager:

David
Dodson
CO’s to Date: $39864.44
Designer / (0.59%)
Engineer:

Provost &
Pritchard Total
Construction
Contract:

Contractor: Dawson- $6,822,141.44
Mauldin,
LLC. Contract
Working
Days: 220
Expected Completion:

Fall 2023
Funding: Measure R, Gas
Tax, CDBG, Gas Tax
(RMRA) SB1, Water CIP,
Sewer CIP, Streets CIP,
Storm Drain CIP
EN0093:

Prosperity
& J St.

Intersection
Improvements
District(s): 2 & 4 CRISI Grant funded
project to add protected
left movements for
E/bound & W/bound
traffic at Prosperity and
J Street, add a pre-signal
in advance of the UPRR
crossing, and install ADA
compliant pedestrian
improvements.

Design: Design and
coordination with
Union Pacific
Railroad is ongoing
Budget: $2,800,000
Division: Engineering
Construction
Estimate
(City Portion):
$700,000
Project
Manager:

Michael
Powers
CO’s to Date: N/A
Designer /
Engineer:

Peters
Engineering
Group
Total
Contract:

Contract
Working
Days:

TBD
TBD
Contractor: TBD
Funding: Gas Tax
(HUTA), CRISI Grant
Expected Completion:
2023
98%
Design R.O.W. Const.
85%
Design R.O.W. Const.

10.10 Consent Page 4
ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: 1st Quarter FY 2023/24 Project Name Contacts Description Progress Update Project Budget Completion EN0094:

Sycamore &
San Joaquin
Improvements
District(s): 4 Pavement Management
System / Utility project on
King Ave. between O St.
and Cherry St.; Sycamore
Ave. between Cherry St.
and Blackstone St.; San
Joaquin Ave. between O
St. and Blackstone St.;
Madden St. between
Tulare Ave. and King St.;
Delwood St. between
Sycamore Ave. and San
Joaquin Ave.; and N.

Highland St. between
Tulare Ave. and Sycamore
Ave. Includes ADA
Concrete work, Water,
Sewer and Surface Water
facilities.

Construction:

Started on 5/25/22;
Project was broken
into 6 Phases.

Phase 1-5 – Have
been completed
minus striping
Phase 6 (Sycamore
Ave between Cherry
St and Blackstone Ave
including Highland St
and Delwood St) -
ongoing
Budget: $8,743,192
Division: Engineering
Contract
Award:
$6,652,485.50
Project
Manager:

David
Dodson CO’s to Date: $23,640.75
Designer /
Engineer:

Peters
Engineering
Group
Total
Contract:

Contract
Working
Days:
$6,676,126.25
240
Contractor: Floyd
Johnston
Construction
Company,
Inc.

Funding: Gas Tax (RMRA),
CDBG, Water CIP, Sewer
CIP, Streets CIP, Storm
Drain CIP
Expected Completion:

Fall 2023
98%
Design R.O.W. Const.

10.10 Consent Page 5
ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: 1st Quarter FY 2023/24 Project Name Contacts Description Progress Update Project Budget Completion EN0095:

Academy &
Apricot
Improvements
District(s): 4 Pavement Management
System / Utility project on
Apricot Ave. between
Gem St. and Blackstone
St.; Academy Ave.
between Gem St. and
Blackstone Ave.; Pine Dr.
between Academy Ave.
and Highland St.; E. La
Mesa Dr. between
Academy Ave. and
Blackstone St.; N. Gem St.
between San Joaquin Ave.
and Academy Ave.;
Highland St. between San
Joaquin Ave. and the
Santa Fe Trail; and
Olympic Ct. at Apricot
Ave. Includes ADA
Concrete work, Water,
Sewer and Surface Water
facilities.

Design
The design is
complete
Bidding & Award:

Bid Opening was on
9/21/23. There were
five bids opened,
lowest bid was
$10,169,812.

This contract will be
brought to the City
Council and Board of
Public Utilities for
approval.

Budget: $9,343,206
Expected Completion:

Fall 2023*
Division: Engineering
Construction
Estimate
(City
Portion):
$10,169,812
Project
Manager:

Dylan
Chimienti
CO’s to Date: N/A
Designer /
Engineer:
4 Creeks
Total
Contract:

Contract
Working
Days:

TBD
TBD
Contractor: TBD
Funding: Gas Tax
(RMRA/HUTA), Water CIP,
Sewer CIP, Streets CIP,
Storm Drain CIP
100%
Design R.O.W. Const.

10.10 Consent Page 6
ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: 1st Quarter FY 2023/24 Project Name Contacts Description Progress Update Project Budget Completion EN0098:

Various
Streets
Northeast of
Tulare Ave.
and Dayton
St. -
Improvements
District(s): 3 Pavement Management
System / Utility project on
Academy Ave. between
Dayton St. and Laspina St;
Stanley Dr. between Lane
St. and Academy Ave.; La
Mesa Ave. between
Dayton St. and Spruce St.;
Burton Ave. east of Lane
St.; Miracle Ct.; Dayton St.
between Tulare Ave. and
La Mesa Ave.; Lane St.
between Tulare Ave. and
Burton Ave.; and Canby St.
between Tulare Ave. and
the Santa Fe Trail.

Includes ADA Concrete
work, Water, Sewer and
Surface Water facilities.

Design
The Board approved
a contract with
Peters Engineering
Group on 6/30/22.
100% Design
Meeting held on
7/13/2023.

City staff working
with Peters
Engineering group
specification
creation and final
bid package.

Budget: $8,492,314
Expected Completion:

Fall 2023
Division: Engineering
Construction
Estimate:
$8,059,579
Project
Manager:

Bryan Cahill
CO’s to Date: N/A
Designer /
Engineer:

Peters
Engineering
Group
Total
Contract:

Contract
Working
Days:

TBD
TBD
Contractor: TBD
Funding: Gas Tax (RMRA),
Water CIP, Sewer CIP,
Storm Drain CIP
98%
Design R.O.W. Const.

10.10 Consent Page 7
ENGINEERING SERVICES / PROJECT MANAGEMENT DASHBOARD Date: 1st Quarter FY 2023/24 Project Name Contacts Description Progress Update Project Budget Completion EN0099:

Mt. View St.

Improvements
District(s): 5 Pavement Management
System / Utility project on
Tulare Ave./Cheryl Lane
Alley between Canby St.
and Mt. View St.; Cheryl
Lane at Laspina St.;
Academy Ave. between
Laspina St. and Mt. View
St.; Burton Ave. west of
Laspina to east of Mt.

View St.; Eastgate Ave.
west of Laspina St. to Mt.

View St.; Vineland Ave.
between Laspina St. and
Mt. View St.; and Fairwind
Ct. at Vineland Ave.

Includes ADA Concrete
work, Water, Sewer and
Surface Water facilities.

Design
The Board approved
a contract with 4
Creeks on 6/30/22.
90% Design Meeting
held on 3/9/23.

City staff and 4
Creeks working on
100% design
submittal.

Budget: $7,470,575
Expected Completion:

Fall 2023
Division: Engineering
Construction
Estimate:
$7,037,839
Project
Manager:

Dylan
Chimienti CO’s to Date: N/A
Designer /
Engineer:
4 Creeks
Total
Contract:

Contract
Working
Days:

TBD
TBD
Contractor: TBD
Funding: Gas Tax (RMRA),
Water CIP, Sewer CIP,
Streets CIP, Storm Drain
CIP
98%
Design R.O.W. Const.

10.10 Consent Page 8
Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Community Services
Submitted by: Community Services Director Jason Glick
Agenda Title: Full-Time Contracted Position at the Tulare Cares Temporary Encampment

RECOMMENDED ACTION
Approve one full-time allocated Contract position - Homeless Prevention Coordinator - to staff the Tulare Cares Temporary Encampment.

SUMMARY
The Tulare Cares Temporary Encampment is a City of Tulare-sponsored area intended to increase the safety and health of individuals in our community experiencing homelessness. We opened the encampment on January 25, 2023, to a large number of guests. As of October 16, 2023, 165 guests are camping in 152 tent site locations at the encampment.

In June of this year, the City Council increased the budget for encampment management from one to two seasonal hourly positions. Staff have found it difficult to find another individual willing to take this position on an hourly part-time basis. The job duties are demanding and the environment is difficult. It takes a dedicated person who understands the challenges of homelessness to fulfill the operational job duties.

City staff has recognized a need for one full time contracted position with benefits at the Tulare Cares Temporary Encampment. This position would be dedicated to the needs of our guests on a full-time basis. Staff requests to convert the two hourly temporary positions into one fulltime contracted position. This position would receive City benefits as afforded to other miscellaneous classified positions. We are proposing a one-year contract position due to the unknown length of time that the temporary encampment will remain in operation in place of the proposed permanent shelter. The contract can be renewed on a year-to-year basis as necessary.

FISCAL IMPACT & FUNDING SOURCE(S)
A variety of funding sources are utilized to operate and service the facility. Community Services has budgeted two 960 hourly positions at $20.00 per hour for this fiscal year at a cost estimated at about $42,000. These funds will be converted to fund the full-time contracted Item #: 10.11
Consent

10.11 Consent Page 1
position for the most part. A full-time benefitted position would cost the City approximately $58,240.

LEGAL REVIEW
The At-Will Employment Contract (attached) has been reviewed and approved by our City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – Modify the staffing levels and direct staff to implement the document inclusive of the revisions.

2. Deny – Do not move forward with approving the contracted fulltime position and continue staffing with hourly employees.

3. Table – Direct staff to research additional material associated with encampment staffing levels and return with the results, which would delay the immediate need for a fulltime staff at the temporary encampment.

ATTACHMENTS

1. At-Will Employment Contract

2. Job Description – Contract Homeless Prevention Coordinator Reviewed/Approved:

10.11 Consent Page 2
1 AT-WILL EMPLOYMENT CONTRACT
THIS AT-WILL EMPLOYMENT CONTRACT (“Contract”) is made as of between CITY OF TULARE, a municipal corporation (hereinafter referred to as “Employer”) located at 411 E. Kern in Tulare, California, and NAME (hereinafter referred to as “Employee”) whose address is ADDRESS.

In consideration of the mutual promises made herein, Employer and Employee agree as follows:

ARTICLE 1. TERM OF EMPLOYMENT
Section 1.01. Term of Agreement. This Contract shall become effective on and shall expire at 11:59PM on . During the term of this Contract, Employee will not acquire or accrue tenure, or any employment rights with Employer including, without limitation, any property interest in continued employment with Employer. This agreement can be extended upon mutual agreement of the parties.

Section 1.02. Employment at Will. Employee’s employment with Employer is for no specified term and is at the mutual consent of both Employee and Employer. Specifically, Employee’s employment will be on an “at-will” basis.

Upon written notice, either party may terminate this Contract and Employee’s employment at any time with or without cause, at its sole and unreviewable discretion. No one other than an authorized officer of Employer has the authority to: (a) alter this at-will arrangement; (b) enter into an agreement for employment for a period of time that differs from this Contract; and (c) make any subsequent agreement that is contrary to the terms of this Contract. Any such agreement purporting to do any of the foregoing must be in writing and must be signed by an authorized officer of Employer and by Employee and must specifically state the intention to alter this at-will relationship.

ARTICLE 2. DUTIES AND OBLIGATIONS OF EMPLOYEE
Section 2.01. Title and Duties. Employee shall serve in the position of Contract , Employee shall do and perform responsibilities related to . In addition to these duties, Employee shall perform any other duties that may be assigned or delegated, subject to the instructions, directions, and control of Employer.

Section 2.02. Satisfactory Performance of Duties. Employee’s performance of duties hereunder shall, at all times, be rendered to Employer’s

10.11 Consent Page 3 ATTACHMENT 1
2 reasonable satisfaction. Without impacting the at-will nature of Employee’s contract, Employer may attempt to remedy and address issues of unsatisfactory performance with Employee. Employee expressly agrees that Employer shall be the sole judge as to whether the services of Employee are satisfactory.

Section 2.03. Adherence to Employer’s Rules. At all times during the performance of this contract, Employee shall strictly adhere to and obey all of Employer’s policies, procedures, rules and regulations governing the conduct of its employees now in effect or as subsequently modified. Employee is also obligated to strictly comply with the express terms of this Contract and follow Employer’s lawful orders. Employee must avoid any acts of dishonesty, fraud, misrepresentation, or other acts of moral turpitude as would affect the effective performance of Employee’s duties under this Contract, or otherwise cause discredit to Employer.

Section 2.04. Devotion to Employer’s Business. Employee shall devote his/her entire productive time, ability, and attention to the business of Employer during the term of this contract. Employee shall not engage in other employment that interferes in any way with performance of the duties under this contract without the prior written consent of Employee’s supervisor.

Section 2.05. Indemnification for Negligence or Misconduct. Employee shall indemnify and hold Employer harmless from all liability for loss, damage, or injury to persons or property resulting from the negligent or willful misconduct of Employee.

ARTICLE 3. OBLIGATIONS OF EMPLOYER
Section 3.01. General Description. Employer shall provide Employee with the compensation, incentives, benefits, and business expense reimbursement specified elsewhere in this contract.

Section 3.02. Workers’ Compensation. Employer shall maintain workers’ compensation insurance required under the laws of the State of California in full force and effect to cover Employee during the term of employment under this contract.

ARTICLE 4. COMPENSATION OF EMPLOYEE
Section 4.01. Salary. As compensation for the services to be performed hereunder, Employee shall be paid $ bi-weekly, which shall only accrue daily, and shall be paid bi-weekly from which Employer shall withhold all statutory and other authorized deductions.

ARTICLE 5. EMPLOYEE BENEFITS
Section 5.01. Benefits of Employment. For the term of this contract, Employee shall be entitled to all of the employment benefits as Employer provides to its regular full-time employees. Employee will, by the express terms of this At-Will Employment Contract, be provided the employee benefits equivalent to those provided to members of the CLOCEA bargaining unit, although Employee shall not be eligible for membership in any of Employer’s bargaining groups by virtue of this

10.11 Consent Page 4
3 Contract. Employee is considered FLSA non-exempt for purposes of overtime calculation.

ARTICLE 6. TERMINATION OF EMPLOYMENT
Section 6.01. Termination at Will. Either Employer or Employee may terminate this contract at any time on two (2) weeks’ notice to the other, with or without cause. Employer reserves the right to modify, add, or eliminate any term or condition of Employee’s employment at any time on notice to Employee, with or without cause.

Section 6.02. Termination by Employer for Death or Disability. (a) This Contract shall terminate automatically upon Employee’s death. (b) If Employee is unable, after reasonable accommodation by Employer, to perform duties by reason of illness or disability, Employer may terminate this Contract. Such a termination shall be affected by giving ten (10) days’ written notice of termination to Employee.
(c) In the event of termination under this section, Employer’s obligations under this Contract in such event shall be limited to: (1) the prorated payment of Employee’s salary through the date of termination to the extent not yet paid; and (2) the payment of any accrued and unused vacation and/or compensatory time through the date of termination. In the event of Employee’s death, Employer shall make the payments to Employee’s estate or beneficiary, as applicable. As of the date of termination, Employer’s obligation under this Contract shall terminate and Employer will have no further obligation to pay Employee or his estate or beneficiaries any compensation or other amounts, except as required by law.

ARTICLE 7. GENERAL PROVISIONS
Section 7.01. Notices. Any notices to be given hereunder by either party to the other shall be in writing and may be transmitted by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Contract, but each party may change that address by written notice in accordance with this section. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of the date of mailing.

Section 7.02. Arbitration.
(a) Any controversy between Employer and Employee involving the construction or application of any of the terms, provisions or conditions of this Contract shall on the written request of either party, served on the other, be submitted to arbitration. Arbitration shall comply with and be governed by the provisions of the California Code of Civil Procedure section 1280 et seq.. (b) Employer and Employee shall, upon mutual agreement, select a neutral and impartial arbitrator whose decision shall be final and conclusive upon both parties.
(c) Each party shall bear their own cost of arbitration.

10.11 Consent Page 5
4 Section 7.03. Attorneys’ Fees and Costs. If any legal action is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief to which the party may be entitled. This provision shall be construed as applicable to the entire Contract.

Section 7.04. Entire Agreement. This Contract supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of Employee by Employer and contains all of the covenants and agreements between the parties with respect to the employment in any manner whatsoever. Each party to this Contract acknowledges that no representation, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this contract shall be valid or binding on either party.

Section 7.05. Modifications. Any modification to this Contract will be effective only if it is in writing and signed by both parties to this Contract.

Section 7.06. Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Contract by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

Section 7.07. Partial Invalidity. If any provision in this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

Section 7.08. Law Governing Agreement. This Contract shall be governed by and construed in accordance with the laws of the State of California.

Section 7.09. Assignment. Unless otherwise provided in this Contract, Employer is relying on the personal skill, expertise, training and experience of Employee and no part of this Contract may be assigned or subcontracted by Employee without the prior written consent of Employer.

Executed on this at Tulare, California.

EMPLOYER: EMPLOYEE:

By:_______________________________ __________________________________

CITY OF TULARE NAME

10.11 Consent Page 6
5 * * * * *
EMPLOYEE’S ACKNOWLEDGEMENT OF AT WILL STATUS
I understand and agree that my employment by the CITY OF TULARE is at will, which means that either the CITY OF TULARE or I can terminate my employment at any time, with or without cause, simply by notifying the other party that the employment is terminated. I understand and agree that the CITY OF TULARE retains the right to modify, add or eliminate any of their general employment policies and practices at any time, with or without cause. I further understand and agree that any modification of my at-will status can be made only by a written agreement signed on behalf of the CITY OF TULARE by an authorized officer.

DATED: _____________________ _____________________________________ NAME

10.11 Consent Page 7
October 2023
FLSA: NON-EXEMPT

HOMELESS PREVENTION COORDINATOR

CONTRACT

DEFINITION
Under direct or general supervision, performs a variety of duties related to the operation of the City’s temporary homeless encampment including accepting and registering guests; performing tasks in the clean-up, abatement, and basic maintenance of the encampment; sets up and deconstructs temporary tent sites; prepares incident reports; deals with the public, guests, and other service agencies and professionals involved in the support of the guests.

SUPERVISION RECEIVED AND EXERCISED
This is an entry level classification and receives technical and functional direction and training from the Community Services Director or his/her designee. This position may train and oversee assigned hourly or contract staff.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only)
Management reserves the rights to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.
 Perform guest intake based upon established criteria; inform guests of the aid and services available.  Greets all registered guests and prospective guests.
 Cleans up homeless encampments and surrounding areas.  Sets up and removes tents as encampment.
 Conducts security checks in and around the encampment.  Follows up on immediate guest crisis by performing duties such as notifying emergency services, the Community Services Director, and others as necessary.
 Observes guests and their environments to ensure the safety of guests and the premises by performing duties such as reporting unsafe conditions, incidents and/or behaviors, interacting with the guests, investigating disturbances.
 Provides direction to guests, volunteers, etc.
 Ensures water drain areas are free from debris.
 Participates in digging and covering trenches and potholes at the encampment.  Uses general grounds keeping tools including, but not limited to, shovels, hoes, rakes, etc.  Safely handles and disposes of hypodermic needles, blood, feces, and other possible biohazards.  Tactfully responds to questions and comments from the public or conveys information as appropriate.  Picks up and removes trash and debris.
 Posts notices as required at encampment.
 Registers guest at the encampment, assigns space, sets up tent, provides sleeping bags as needed.  Completes and maintains related records and documentation; completes incident reports.  Coordinates with law enforcement agencies when a situation is beyond his/her control and expertise.  Performs general custodial duties, including cleaning, stocking, and repairing restrooms, and changing lights.

10.11 Consent Page 8 ATTACHMENT 2
Homeless Prevention Worker

Page 2 of 4 ends

 Maintains picnic tables, barbecue pits, and other related equipment.  Assists in pest control measures.
 Identifies maintenance needs and safety hazards; reports to appropriate staff.  Maintains work areas in a clean and orderly condition, including securing office at the close of the workday.
 Responds to complaints and answers questions from public or escalates to supervisor, as necessary.  Responds to operations, maintenance, and repair emergency situations as required.  Maintains records and logs of daily activities.
 Observes safe work methods and makes appropriate use of related safety equipment as required.  May oversee, train or direct assigned hourly staff or contract employees.  Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Basic principles and practices associated with enforcing park security.  Principles and practices of on-the-job safety.
 Maintenance principles, practices, tools, and materials for maintaining encampment.  The operation and minor maintenance of a variety of hand tools.  Applicable Federal, State, and local laws, codes, and regulations.  Safety equipment and practices related to the work, including the handling of hazardous chemicals.  English usage, spelling, vocabulary, grammar, and punctuation.  Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone.
 Methods of conflict resolution and crisis intervention.

Ability to:
 Work independently and in cooperation with others.
 Build and maintain effective working relationships with others; ability to build rapport with guests.  Maintain a safe work environment.
 Act in a courteous and diplomatic manner with members of the public, staff, and encampment guests.  Observe accurately, recall faces, names, descriptive characteristics, facts of incidents and places.  Read, interpret, and enforce security regulations.
 Perform calmly and respond quickly and appropriately in stressful or emergency situations.  Report emergencies by telephone, two-way radio, or other communication device.  Safely and effectively use, operate, and maintain the full range of tools required for the work.  Perform manual labor for extended periods of time in all types of weather.  Maintain accurate logs, records, and basic written records of work performed.  Follow department policies and procedures related to assigned duties.  Understand and follow oral and written instructions.
 Organize own work, set priorities, and meet critical time deadlines.  Use English effectively to communicate in person, over the telephone, and in writing.  Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.
 Work in proximity, with the public, under crowded condition.  Work outdoors under inclement weather conditions.
 Establish and maintain effective working relationships with those contacted in the course of the work.

Education and Experience:

Any combination of training and experience which would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

10.11 Consent Page 9
Homeless Prevention Worker

Page 3 of 4 ends

Formal or informal education or training which ensures the ability to read and write at a level necessary for successful job performance. Prior related experience or other qualifications determined to be reasonable and relevant to the work.

Licenses and Certifications:
 Possession of, or ability to obtain, a valid Class C California driver’s license.

PHYSICAL DEMANDS
Must possess mobility to work in the field; strength, stamina, and mobility to perform medium to heavy physical work, operate varied tools, vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. The job involves fieldwork requiring frequent walking in operational areas to meet with visitors and guests, inspect and maintain encampment, identify problems or potential hazards. Positions in this classification bend, stoop, kneel, reach, and climb to perform work and inspect work sites. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 50 pounds and heavier weights with the use of proper equipment.

ENVIRONMENTAL ELEMENTS
Employees work in the field and are exposed to loud noise levels, cold and hot temperatures, inclement weather conditions and potentially hazardous and physical situations. Employees may interact with upset guests, visitors and/or public and private representatives, and contractors in interpreting and enforcing encampment policies and procedures.

10.11 Consent Page 10
Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Information Technology Services
Submitted by: Jason Bowling, Chief Technology Officer
Agenda Title: Copy Machine Replacement

RECOMMENDED ACTION
Approve piggyback lease and maintenance agreements through the County of Shasta and authorize the City Manager to sign 72-month agreements with UBEO, formerly Ray Morgan Company, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager for all City photocopy machines (21 total), excluding four copiers covered under a separate 2022 agreement.

SUMMARY
The City’s current lease agreement for copy machines with Ray Morgan Company will expire on 12/1/2023. Ray Morgan Company recently changed their name to UBEO.

The new contract will provide the City with new copiers incorporating these recommendations.

Existing and proposed copiers are from the manufacturer Canon.

The new contract includes a color copier upgrade for police administration as well as the senior center. All current and proposed copiers have data encryption kits to ensure data security. Hard drives of the existing equipment will be surrendered to the city for destruction before the old copy machines are removed. Existing and proposed contracts are for 72 months.

Included in the contract is 84,000 Black and white prints and 26,000 color prints per month.

Overage amounts are .0070 cents for each additional black and white copy and .049 for color copies. Quarterly audits will be performed and, and adjustments to included print volumes can be made to attain lower total costs.

If approved, the new equipment will be installed in mid-December and the balance of the current lease to be paid by UBEO.

Item #: 10.12
Consent

10.12 Consent Page 1

FISCAL IMPACT & FUNDING SOURCE(S)
Costs are already included in the current fiscal year operating budget. The proposed lease and service costs are $5,529.46 per month for 72 months, for a total cost of $398,121.12 over 6 years. This is an approximate $25,000 savings over the 72-month term than the existing lease.

LEGAL REVIEW
This lease agreement has been reviewed by city attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Equipment Rental Agreement

2. Maintenance Contract

3. Revised Schedule A

4. State and Local Government Addendum

5. Self-Insured Addendum
Reviewed/Approved:

10.12 Consent Page 2
3131 Esplanade • Chico, CA 95973 • Phone: 530.343.6065 • Fax: 530.343.9470 The words “User,” “Lessee,” “you” and “your” refer to Customer. The words “Owner,” “Lessor,” “we,” “us” and “our” refer to UBEO West, LLC.

CUSTOMER INFORMATION

FULL LEGAL NAME STREET ADDRESS
City of Tulare 411 E Kern Ave

CITY STATE ZIP PHONE FAX
Tulare CA 93274 (559) 685-2300 (559) 685-5691

BILLING NAME (IF DIFFERENT FROM ABOVE) BILLING STREET ADDRESS

CITY STATE ZIP E-MAIL

EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE)

EQUIPMENT DESCRIPTION
MAKE/MODEL/ACCESSORIES SERIAL NO.

See Attached Schedule A
See attached Schedule A

TERM AND PAYMENT INFORMATION
$3508.26 Payments* of $ 72 If you are exempt from sales tax, attach your certificate. *plus applicable taxes The payment (“Payment”) period is monthly unless otherwise indicated.

Upon acceptance of the Equipment, THIS AGREEMENT IS NONCANCELABLE, IRREVOCABLE AND CANNOT BE TERMINATED.

OWNER ACCEPTANCE
UBEO West, LLC

OWNER SIGNATURE TITLE DATED

CUSTOMER ACCEPTANCE

BY SIGNING BELOW OR AUTHENTICATING AN ELECTRONIC RECORD HEREOF, YOU CERTIFY THAT YOU HAVE REVIEWED AND DO AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT ON THIS PAGE AND ON PAGE 2 ATTACHED HERETO.

City of Tulare X
CUSTOMER (as referenced above) SIGNATURE TITLE DATED
FEDERAL TAX I.D. # PRINT NAME
36237 (2017) (v2) Page 1 of 2 Rev. 11/03/2022
APPLICATION NO. AGREEMENT NO. EQUIPMENT RENTAL

AGREEMENT

10.12 Consent Page 3 ATTACHMENT 1

1. AGREEMENT: You agree to rent from us the goods, together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries ("Equipment") and, if applicable, finance certain software, software license(s), software components and/or professional services in connection with software (collectively, the “Financed Items,” which are included in the word “Equipment” unless separately stated) from software licensor(s) and/or supplier(s) (collectively, the “Supplier”), all as described in this Agreement and in any attached schedule, addendum or amendment hereto (“Agreement”). You represent and warrant that you will use the Equipment for business purposes only. You agree to all of the terms and conditions contained in this Agreement, which, with the acceptance certification, is the entire agreement between you and us regarding the Equipment and which supersedes any purchase order, invoice, request for proposal, response or other related document. This Agreement becomes valid upon execution by us. The term shall start on the date we pay Supplier.

The first Payment is due 30 days after the start of this Agreement and each Payment thereafter shall be due on the same day of each month (the "Scheduled Due Date") unless a different due date is mutually agreed to by us and you. If the parties agree to adjust the Payment due date (an "Adjusted Due Date"), in addition to all Payments and other amounts due hereunder, you will pay an interim payment in an amount equal to 1/30th of the Payment, multiplied by the number of days between the Scheduled Due Date and the Adjusted Due Date. In addition, should this Agreement replace a previous UBEO West, LLC generated equipment rental, a CLOSING BILL on the agreement being replaced, up to the installation date of the new equipment, will be sent approximately (10) days after delivery of the new equipment. You agree to pay this CLOSING BILL charges as they represent valid charges for product and services provided under the prior agreement up to the installation date of the new equipment. If any provision of this Agreement is declared unenforceable, the other provisions herein shall remain in full force and effect to the fullest extent permitted by law.

2. OWNERSHIP; PAYMENTS; TAXES AND FEES: We own the Equipment, excluding any Financed Items. Ownership of any Financed Items shall remain with Supplier thereof. You will pay all Payments, as adjusted, when due, without notice or demand and without abatement, set-off, counterclaim or deduction of any amount whatsoever. If any part of a Payment is more than 5 days late, you agree to pay a late charge of 10% of the Payment which is late or, if less, the maximum charge allowed by law. The Payment may be adjusted proportionately upward or downward: (i) if the shipping charges or taxes differ from the estimate given to you; and/or (ii) to comply with the tax laws of the state in which the Equipment is located. You shall pay all applicable taxes, assessments and penalties related to this Agreement, whether levied or assessed on this Agreement, on us (except on our income) or you, or on the Equipment, its rental, sale, ownership, possession, use or operation. If we pay any taxes or other expenses that are owed hereunder, you agree to reimburse us when we request. You agree to pay us a yearly processing fee of up to $50 for personal property taxes we pay related to the Equipment. You agree to pay us a fee of up to $50 for filing and/or searching costs required under the Uniform Commercial Code (“UCC”) or other laws. You agree to pay us an origination fee of $125 for all closing costs.

We may apply all sums received from you to any amounts due and owed to us under the terms of this Agreement. If for any reason your check is returned for insufficient funds, you will pay us a service charge of $30 or, if less, the maximum charge allowed by law. We may make a profit on any fees, estimated tax payments and other charges paid under this Agreement.

3. EQUIPMENT; SECURITY INTEREST: At your expense, you shall keep the Equipment: (i) in good repair, condition and working order, in compliance with applicable laws, ordinances and manufacturers’ and regulatory standards; (ii) free and clear of all liens and claims; and (iii) at your address shown on page 1, and you agree not to move it unless we agree in writing. You grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement or any other agreement with us (“Other Agreements”), except amounts under Other Agreements which are secured by land and/or buildings. You authorize and ratify our filing of any financing statement(s) to show our interest. You will not change your name, state of organization, headquarters or residence without providing prior written notice to us. You will notify us within 30 days if your state of organization revokes or terminates your existence.

4. INSURANCE; COLLATERAL PROTECTION; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Equipment fully insured against all risk, with us named as lender’s loss payee, in an amount not less than the full replacement value of the Equipment until this Agreement is terminated. You also agree to maintain commercial general liability insurance with such coverage and from such insurance carrier as shall be satisfactory to us and to include us as an additional insured on the policy. You will provide written notice to us within 10 days of any modification or cancellation of your insurance policy(s). You agree to provide us certificates or other evidence of insurance acceptable to us. If you do not provide us with acceptable evidence of property insurance within 30 days after the start of this Agreement, we may, at our sole discretion, to do so as provided in either (A) or (B) below, as determined in our discretion: (A) We may obtain insurance covering our interest (and only our interest) in the Equipment for the Agreement term and renewals. Any insurance we obtain will not insure you against third party or liability claims and may be cancelled by us at any time. You may be required to pay us an additional amount each month for the insurance premium and an administrative fee. The cost may be more than the cost of obtaining your own insurance; or (B) We may charge you a monthly property damage surcharge of up to .0035 of the Equipment cost as a result of our credit risk and administrative and other costs, as would be further described on a letter from us to you. We may make a profit on this program. NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. We are not responsible for, and you agree to hold us harmless and reimburse us for and to defend on our behalf against, any claim for any loss, expense, liability or injury caused by or in any way related to delivery, installation, possession, ownership, renting, manufacture, use, condition, inspection, removal, return or storage of the Equipment. All indemnities will survive the expiration or termination of this Agreement. You are responsible for any loss, theft, destruction or damage to the Equipment (“Loss”), regardless of cause, whether or not insured. You agree to promptly notify us in writing of any Loss. If a Loss occurs and we have not otherwise agreed in writing, you will promptly pay to us the unpaid balance of this Agreement, including any future Payments to the end of the term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. Any proceeds of insurance will be paid to us and credited against the Loss. You authorize us to sign on your behalf and appoint us as your attorney-in-fact to endorse in your name any insurance drafts or checks issued due to a Loss.

5. ASSIGNMENT: YOU SHALL NOT SELL, TRANSFER, ASSIGN, ENCUMBER, PLEDGE OR SUBRENT THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent which will not be unreasonably withheld. You shall not consolidate or merge with or into any other entity, distribute, sell or dispose of all or any substantial portion of your assets other than in the ordinary course of business, without our prior written consent, and the surviving, or successor entity or the transferee of such assets, as the case may be, shall assume all of your obligations under this Agreement by a written instrument acceptable to us. No event shall occur which causes or results in a transfer of majority ownership of you while any obligations are outstanding hereunder. We may sell, assign, or transfer this Agreement without notice to or consent from you. You agree that if we sell, assign or transfer this Agreement, our assignee will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that our assignee will not be subject to any claims, defenses, or offsets that you may have against us. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.

6. DEFAULT AND REMEDIES: You will be in default if: (i) you do not pay any Payment or other sum due to us or you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or fail to perform or pay under any material agreement with any other entity; (ii) you make or have made any false statement or misrepresentation to us; (iii) you or any guarantor dies, dissolves, liquidates, terminates existence or is in bankruptcy; (iv) you or any guarantor suffers a material adverse change in its financial, business or operating condition; or (v) any guarantor defaults under any guaranty for this Agreement. If you are ever in default, at our option, we can cancel this Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the end of term plus the anticipated residual value of the Equipment, both discounted to present value at 2%. We may recover default interest on any unpaid amount at the rate of 12% per year. Concurrently and cumulatively, we may also use any remedies available to us under the UCC and any other law and we may require that you immediately stop using any Financed Items. If we take possession of the Equipment, you agree to pay the costs of repossession, moving, storage, repair and sale. The net proceeds of the sale of any Equipment will be credited against what you owe us under this Agreement and you will be responsible for any deficiency. In the event of any dispute or enforcement of our rights under this Agreement or any related agreement, you agree to pay our reasonable attorneys’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee. WE SHALL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMISSION BY ANYONE. Any delay or failure to enforce our rights under this Agreement will not prevent us from enforcing any rights at a later time. You agree that this Agreement is a "Finance Lease" as defined by Article 2A of the UCC and your rights and remedies are governed exclusively by this Agreement. You waive all rights under sections 2A-508 through 522 of the UCC. If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will be your sole remedy.

7. INSPECTIONS AND REPORTS: We have the right, at any reasonable time, to inspect the Equipment and any documents relating to its installation, use, maintenance and repair. Within 30 days after our request (or such longer period as provided herein), you will deliver all requested information (including tax returns) which we deem reasonably necessary to determine your current financial condition and faithful performance of the terms hereof. This may include: (i) compiled, reviewed or audited annual financial statements (including, without limitation, a balance sheet, a statement of income, a statement of cash flow, a statement of changes in equity and notes to financial statements) within 120 days after your fiscal year end, and (ii) management-prepared interim financial statements within 45 days after the requested reporting period(s). Annual statements shall set forth the corresponding figures for the prior fiscal year in comparative form, all in reasonable detail without any qualification or exception deemed material by us. Unless otherwise accepted by us, each financial statement shall be prepared in accordance with generally accepted accounting principles consistently applied and shall fairly and accurately present your financial condition and results of operations for the period to which it pertains. You authorize us to obtain credit bureau reports for credit and collection purposes and to share them with our affiliates and agents.

8. END OF TERM: At the end of the initial term, this Agreement shall renew for successive 12-month renewal term(s) under the same terms hereof unless you send us written notice between 90 and 150 days before the end of the initial term or at least 30 days before the end of any renewal term that you want to return the Equipment, and you timely return the Equipment. You shall continue making Payments and paying all other amounts due until the Equipment is returned. As long as you have given us the required written notice, you will return all of the Equipment to a location we specify, at your expense, in retail re-saleable condition, full working order and complete repair. At the end of the term or upon repossession of the Equipment after a default, you agree to pay us a minimum return fee of $250, which will cover up to 10 units of returned Equipment and will not be prorated, and in addition, a supplemental return fee of up to $50 per each unit of returned Equipment in excess of 10 units (collectively, the “Return Fee”). If, in our sole discretion, we allow you to return any Equipment prior to the end of the term, you shall pay us the Return Fee each time you return Equipment. YOU ARE SOLELY RESPONSIBLE FOR REMOVING ANY DATA THAT MAY RESIDE IN THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO HARD DRIVES, DISK DRIVES OR ANY OTHER FORM OF MEMORY.

9. USA PATRIOT ACT NOTICE; ANTI-TERRORISM AND ANTI-CORRUPTION COMPLIANCE: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each customer who opens an account. When you enter into a transaction with us, we ask for your business name, address and other information that will allow us to identify you. We may also ask to see other documents that substantiate your business identity. You and any other person who you control, own a controlling interest in, or who owns a controlling interest in or otherwise controls you in any manner (“Representatives”) are and will remain in full compliance with all laws, regulations and government guidance concerning foreign asset control, trade sanctions, embargoes, and the prevention and detection of money laundering, bribery, corruption, and terrorism, and neither you nor any of your Representatives is or will be listed in any Sanctions-related list of designated persons maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control or successor or the U.S. Department of State.

You shall, and shall cause any Representative to, provide such information and take such actions as are reasonably requested by us in order to assist us in maintaining compliance with anti-money laundering laws and regulations.

10. MISCELLANEOUS: Unless otherwise stated in an addendum hereto, the parties agree that: (i) this Agreement and any related documents hereto may be authenticated by electronic means; (ii) the “original” of this Agreement shall be the copy that bears your manual, facsimile, scanned or electronic signature and that also bears our manually or electronically signed signature and is held or controlled by us; and (iii) to the extent this Agreement constitutes chattel paper (as defined by the UCC), a security interest may only be created in the original. You agree not to raise as a defense to the enforcement of this Agreement or any related documents that you or we executed or authenticated such documents by electronic or digital means or that you used facsimile or other electronic means to transmit your signature on such documents. Notwithstanding anything to the contrary herein, we reserve the right to require you to sign this Agreement or any related documents hereto manually and to send to us the manually signed, duly executed documents via overnight courier on the same day that you send us the facsimile, scanned or electronic transmission of the documents. You agree to execute any further documents that we may request to carry out the intents and purposes of this Agreement. Whenever our consent is required, we may withhold or condition such consent in our sole discretion, except as otherwise expressly stated herein. From time to time, Supplier may extend to us payment terms for Equipment financed under this Agreement that are more favorable than what has been quoted to you or the general public, and we may provide Supplier information regarding this Agreement if Supplier has assigned or referred it to us. All notices shall be mailed or delivered by facsimile transmission or overnight courier to the respective parties at the addresses shown on this Agreement or such other address as a party may provide in writing from time to time. By providing us with a telephone number for a cellular phone or other wireless device, including a number that you later convert to a cellular number, you are expressly consenting to receiving communications, including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system, from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your cellular provider. You authorize us to make non-material amendments (including completing and conforming the description of the Equipment) on any document in connection with this Agreement. Unless stated otherwise herein, all other modifications to this Agreement must be in writing and signed by each party or in a duly authenticated electronic record. This Agreement may not be modified by course of performance.

11. WARRANTY DISCLAIMERS: WE ARE RENTING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES,

EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

12. LAW; JURY WAIVER: This Agreement will be governed by and construed in accordance with the law of the principal place of business of Owner or, if assigned, its assignee. You consent to jurisdiction and venue of any state or federal court in the state the Owner or, if assigned, its assignee has its principal place of business and waive the defense of inconvenient forum. For any action arising out of or relating to this Agreement or the Equipment, BOTH PARTIES WAIVE ALL RIGHTS TO A TRIAL BY JURY.
36237 (2017) (v2) Page 2 of 2 Rev. 11/03/2022

10.12 Consent Page 4
MAINTENANCE AGREEMENT Date:

Contract #
County: TULARE
Zip: 93274
Fax: (559) 685-5691
(Includes all parts & labor; Excludes ALL consumables.) Excludes Drum (GP)

BUNDLED (AI)
Wide Format "Plus" (AIP)

NON-STANDARD (TO)

MANUFACTURER'S

PUBLISHED YIELD

PER CONTAINER

MINIMUM CHARGE

PER MONTH

OVERAGE /

PER COPY CHARGE
2,021.20$ 0.00710
INC. 0.04900
$2,021.20
NO
x
No base billing
x
DATE
x
DATE

Page 1 of 2 ends

3131 Esplanade, Chico, CA 95973 PH: (530) 343-6065 FAX: (530) 343-9470 11/7/2023
Purchase Order# UBEO Account Rep: Dwayne Nix
(Include hard copy if PO is required)
BILL TO: SHIP TO: Various
Company Name: City of Tulare Company Name: City of Tulare Contact: Jason Bowling Contact: Jason Bowling
Department: Department:

Address: 411 E Kern Ave Address: 411 E Kern Ave
City: Tulare County: Tulare City: Tulare
State: CA Zip: 93274 State: CA
Phone #: (559) 685-2300 Phone #: (559) 685-2300

STANDARD (GF)
(Includes all parts, labor and consumable toner. Consumables such as, but not limited to staples, ink stamps, paper or specialty media are excluded)
(Includes all parts, labor & supplies, including 20 lb standard bond paper) (Includes consumable toner cartridges only. Excludes all parts, labor, and consumables such as, but not limited to staples, ink stamps, paper or specialty media)
Email Address: [email protected] Email Address: [email protected] METER CONTACT INFORMATION: (for those not pulling electronically) AGREEMENT START DATE: Contact Name: Jason Bowling
This maintenance plan is effective for 72 months from the agreement start date (install date if applicable). Base charges are payable in advance with overages billed in arrears
Phone Number: (559) 684-4266
Email Address: [email protected]
Primary Service Tech:

COVERAGE TYPE: (Network support and related technical services are NOT covered by this agreement. Such services are offered with optional TSA agreement.)

COVERED EQUIPMENT

COVERED EQUIPMENT ESTIMATED ANNUAL
VOLUME

MINIMUM VOLUME PER
MONTH
Refer to Attached Schedule A 1,008,000 84,000 B/W
312,000 26,000 CLR
Print Name
QUANTITY OF TONER INCLUDED IN AGREEMENT: Minimum Total Per MONTH In the case of supply inclusive agreements, UBEO West, LLC will supply to the Customer toner free of charge according to the Manufacturer's Published Yield per Container. At UBEO West, LLC's discretion, may perform a Toner Usage Reconciliation audit from time to time. If Customer's toner usage exceeds the manufacturer's published yields, UBEO West, LLC will bill the Customer for excess toner usage at its lowest published price.
(Plus Applicable Taxes)

SPECIAL INSTRUCTIONS
Maintenance Agreement Cancellable with a 30 Day
written notice. RENEWAL: YES
BILLING CYCLE - Bases BILLING CYCLE - Meters
Monthly Annual Monthly Annual
Quarterly Semi-Annual Quarterly Semi-Annual
For managed print agreements (Printers), you agree that if you retire, replace and/or add new equipment, you grant the UBEO West, LLC the ability to reflect these additions or deletions of said equipment and your payment under this agreement may adjust accordingly.

For agreements without a base billing, the above stated pricing is based upon the guaranteed number of images listed under "Estimated annual volume". All images will be billed per the billing in arrears for actual usage.

Customer agrees to purchase and UBEO West, LLC agrees to provide maintenance service for the equipment listed above, in accordance with the terms and conditions of this agreement. No terms or conditions, expressed or implied, are authorized unless they appear on the original of this agreement and are signed by the customer and an officer of UBEO West, LLC. The additional terms and conditions of this agreement listed on the reverse side are incorporated in and made part of this agreement. No change, alteration or amendment of these terms and conditions are authorized or effective unless agreed upon in writing by an officer of UBEO West, LLC. No course or dealing or other conduct or custom shall constitute an amendment to the terms hereof nor alter or vary the terms of this agreement.

CUSTOMER SIGNATURE TITLE
UBEO West, LLC APPROVAL TITLE
v 8.0 02/26/2016

10.12 Consent Page 5 ATTACHMENT 2
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b)
c)
d)
5 6
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b)
c)
10 11
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14 Customer Initials v 8.0 02/26/2016 Page 2 of 2
Contracts with 24 or more months remaining: twelve times the monthly base (or as the case may be quarterly base divided by 3) plus six months average overages, if any.

Overage average shall be determined as the average sum of overage billing the customer has been invoiced for during the current term or 6 months whichever is longer.

Contracts with 13 to 23 months remaining: nine times the monthly base plus six months average overages, if any. Overages average shall be determined as the average sum of overage billing the customer has been invoiced for the previous 6 months.

Contracts with 12 or less months remaining or any subsequent 12 month renewal: six times the monthly base plus six months average overages, if any. Overages average shall be determined as the average sum of overage billing the customer has been invoiced for during the previous 6 months.

UBEO West, LLC MAINTENANCE AGREEMENT - TERMS & CONDITIONS During the term of this agreement, and for each unit of equipment listed on the front of this document or any subsequent amendment or Schedule, the UBEO West, LLC will provide, without additional charge, emergency repair service, preventative service, replacement parts (except under the conditions noted in this agreement) and in case of supply inclusive agreements (see front page for this agreement's specific coverage) all supplies (except, as applicable, paper, staples, and clear toner) under the usage limitation conditions listed in the front page of this document. The initial term of this agreement shall be for a period of 60 months and shall be automatically renewed for additional 12 month periods unless written notice is received by either party at least 90 days prior to the expiration of the initial term of the Agreement or any renewal thereof. This agreement shall NOT be assignable by customer without UBEO West, LLC's prior written consent. UBEO West, LLC shall have the right to cancel this agreement if any item is sold to a third party without such consent.

Maintenance charges provided herein are based upon the current costs of parts and labor and are subject to periodic increases and the effect of inflation. After the first year anniversary date of this agreement and any subsequent twelve month period, the minimum annual or monthly maintenance charges and charges for any overage copies/prints will increase a minimum of 5% over the charges of the previous year. In addition, the minimum billing charge, on any single billing period shall be $35.00. In addition, UBEO West, LLC may assess an additional fuel and/or freight surcharge to offset higher than normal service costs as a result of adverse economic conditions.

It is understood that should customer wish to add additional, recently acquired but not "new", printers (HP, Kyocera and the like) to this agreement that UBEO West, LLC reserves the right to inspect and approve the addition of each. Such approval is contingent on age and overall condition of the printers in question. UBEO West, LLC might, after inspection, require that certain reconditioning or repairs be made before the equipment in question is covered under this maintenance agreement.

All routine preventative maintenance and emergency service necessary to keep the equipment in efficient operating order will be performed by UBEO West, LLC staff during its regular business hours (8:00 AM to 5:00 PM Monday through Friday except holidays) at no cost to Customer provided that such services shall not include the following:
repairs resulting from causes other than normal use; Customer's willful act, use of any paper stock that does not meet machine specifications, negligence or misuse including, without limitation, damage to any part or mechanisms and/or use or supplies or spare parts not manufactured and/or use or supplies or spare parts not manufactured by the original equipment manufacturer and which cause abnormally high service calls or service problems; accident, transportation, failure of electrical power, air conditioning or humidity control related problems, acts of nature (fire , flood etc), theft or repairs made necessary by service performed by personnel other than an UBEO West, LLC representative, or work which the customer requests to be performed outside regular business hours, or reconditioning or modification to the equipment except those specified by UBEO West, LLC's Technical Service Department to assure greater performance of the equipment.

All of the foregoing shall be invoiced in accordance with UBEO West, LLC's established per call rates and part charges then in effect.

Additionally, UBEO West, LLC shall have the right, when reasonably in need for reasons of significant equipment failure, to substitute equivalent Equipment (age, model, accessories and meter) at any time during the term thereof. Any removed parts replaced by UBEO West, LLC shall become the property of UBEO West, LLC. UBEO West, LLC shall have full and free access to the Equipment in order to provide service thereon and customer shall from time to time advise UBEO West, LLC of the names of its employees who shall act as "key operators," with responsibility for performing basic operator maintenance as described by UBEO West, LLC personnel.

Certain "housekeeping" duties as outlined in the Owners Instruction Manual provided with the equipment (such as cleaning the glass, clearing misfeeds, if possible, etc) are the customer's responsibility. If a representative of UBEO West, LLC is called to do servicing of this nature the customer will be charged at the established rates for this service. Customer responsible for providing manufacturer recommended, adequate power supply.

Meter reading(s) must be provided by customer in accordance to the frequency stated on the reverse side of this Agreement. Customer agrees to provide correct meter readings to insure accurate and timely billing to the customer by UBEO West, LLC. If correct meter readings are not provided timely, UBEO West, LLC will calculate an estimated meter reading(s) and bill the Customer in accordance to the frequency contracted for. UBEO West, LLC may assess an additional surcharge to offset administrative costs should calls need to be made to Customer in order to secure meter readings. In addition, UBEO West, LLC may automatically collect from the Equipment, via electronic transmission to a secure offsite location, certain data to be used for servicing the equipment, billing meters, supply replenishment or product improvement purposes. Automatic transmitted data may include, but is not limited to, product registration, meter reads, supply level, equipment settings, and problem/fault code data. All such data shall be transmitted in a secure manner specified by UBEO West, LLC.

Additional service such as cosmetic, modification, or relocation, etc. requested and authorized by Customer and rendered by UBEO West, LLC will be charged at established rates for such service.

If customer's service and/or supply account becomes past due, UBEO West, LLC may (a) refuse service or delivery of supplies until account is made current or (b) provide service on a C.O.D. per call basis at the then current rate for time and materials. Additionally, Customer agrees to pay to UBEO West, LLC its cost and expense of collection including reasonable attorney's fees and all charges earned for service provided before the Customer went on a per call C.O.D. basis for non-payment per the terms of the agreement.

Liquidated damages: In the event that the customer defaults or chooses to cancel this Agreement before its original term or any extension thereof, Customer promises to pay to the UBEO West, LLC the following amounts as reasonable liquidated damages (and not as a penalty) for breach thereof:

This agreement constitutes the entire agreement between the parties with respect to the furnishing of maintenance service superseding all previous proposals oral or written. No representation or statement not contained herein shall be binding upon UBEO West, LLC as a warranty or otherwise, nor shall this Agreement be modified or amended unless signed by UBEO West, LLC's General Manager
Cancellation for Non-Performance: Customer may cancel the agreement for non-performance as follows: Customer must forward to UBEO West, LLC via registered mail, to the address listed on the front of this document, the specific problems with the system or other area(s) of non-performance and dissatisfaction. UBEO West, LLC shall have 30 days to correct the problem. If UBEO West, LLC has not corrected the problem within 30 days, Customer may notify UBEO West, LLC of their intent to cancel in 30 days, after which time the Customer is no longer bound by the Liquidated Damages portion of this agreement. Cancellation of the maintenance agreement for non-performance does not provide relief to the Customer from being obligated to make all remaining lease payments (if any) to the leasing company providing financing services for the equipment in question. This agreement may be cancelled by UBEO West, LLC for any reason.

Retained Title: Title to all supplies furnished hereunder, including consumable parts such as drums, remains with the UBEO West, LLC until said supplies are consumed to the extent they may not be further utilized in the copy/printing process. In the event this agreement is cancelled by either party, Customer agrees to return to the UBEO West, LLC all unused supplies provided under this agreement including toner and photoconductor.

UBEO West, LLC's obligation and warranties under this Agreement are in lieu of (a) all other warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose and (b) all other obligation or liabilities for damages including but not limited to personal injury or property damage, loss of profit or other consequential damages arising out of or in connection with this agreement of the maintenance service performed hereunder. Nor shall UBEO West, LLC be responsible for delays or inabilities to service caused directly or indirectly by strikes, accidents, climatic conditions or any other reason of similar nature beyond its control. This agreement shall be governed and construed according to the laws of the State of California.

Payment terms are upon receipt of invoice (URI) unless otherwise specified. Late charges will be assessed on the outstanding balance if payments are not received within 15 days of invoice date. The minimum late charge is $9.50. Late charges will not exceed the maximum permitted by law. Customer agrees to pay to UBEO West, LLC a charge of $25 for any returned checks per occurrence if any of seller's checks are returned to UBEO West, LLC unpaid. Upon default of any payment or any other aspect of this Agreement, UBEO West, LLC may at its option, declare the entire outstanding balance due and payable, including the Liquidated Damages stated in Section 9 of this Agreement.

In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the other.

10.12 Consent Page 6
Model # Ownership Address City State Location
DX 527iF Lessor 260 S M St Tulare CA PD Dispatch
DX 527iF Lessor 3817 So K St Tulare CA Animal Services
DX 527iF Lessor 2900 N M St Tulare CA Fire Department North DX 527iF Lessor 138 N E St Tulare CA Fire Station #2
DX 527iF Lessor 475 N M St Tulare CA Library Genealogy
DX 4935i Lessor 800 S Blackstone St Tulare CA Fire Station #1 DX 4935i Lessor 3989 S K St Tulare CA Fleet maintenance DX 4935i Lessor 475 N M St Tulare CA Library Public
DX 4945i Lessor 475 N M St Tulare CA Library Back Office DX 4935i Lessor 411 E Kern Ave Tulare CA City Hall Engineering DX 4935i Lessor 1875 S West St Tulare CA Wastewater
DX 4945i Lessor 260 S M St Tulare CA PD Front Reception-Records DX 6780i Lessor 830 S Blackstone St Tulare CA Parks & Rec DX 6855i Lessor 411 E Kern Ave Tulare CA City Hall Reception DX 6855i Lessor 411 E Kern Ave Tulare CA City Hall Finance DX 8995i Lessor 411 E Kern Ave Tulare CA City Hall Upstairs DX C478iFZ Lessor 260 S M St Tulare CA PD Admin
DX C5840i Lessor 3981 S K St Tulare CA Corporate Yard
DX C3935i Lessor 201 N F St Tulare CA Senior Center
DX C5860i Lessor 411 E Kern Ave Tulare CA City Hall Front Office TBD Lessor 475 N M St Tulare CA Library Council Chambers IR C568IF S/N 3LT00760 Lessor 259 S N St Tulare CA Police Narcotics (Service Only) IR C568IF S/N 3LT00762 Lessor 260 S M St Tulare CA Debriefing (Service Only) IR C5850I S/N 3LJ00569 Lessor 260 S M St Tulare CA Reception (Service Only) IR C5850I S/N 3LJ00533 Lessor 411 E Kern Ave Tulare CA City Hall - Upstairs (Service Only) This Equipment Schedule A is herby Verified as correct by the undersigned Lessee, who acknowledges receipt of a copy:

EQUIPMENT INFORMATION
Dated: ______________ Customer: ________________________ Signature: ___________________________ Title:____________________ Print Name: _________________________ This Equipment Schedule A is to be attached to and become part of the item description for the Agreement. Dated_11/7/2023 by and between the undersigned and UBEO

CUSTOMER ACCEPTANCE
Dated: ______________ Customer: ________________________ Signature: ___________________________ Title:____________________ Print Name: _________________________

10.12 Consent Page 7 ATTACHMENT 3
NOTE: CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 36251 Page 1 of 2 Rev. 11/03/2022

STATE AND LOCAL GOVERNMENT ADDENDUM (AK, AZ, CA, CO, HI, ID, MT, NV, NM, OR, UT, WA, WY) Addendum to Agreement # and any future supplements/schedules thereto, between , as Customer (“Customer”) and UBEO West, LLC, as Lessor. The words “you” and “your” refer to Customer. The words “we” and “us” refer to Lessor. In the event of any conflict between the terms and conditions of the Agreement and this Addendum, the terms and conditions of this Addendum shall control, and in the event of any conflict between the general provisions of this Addendum and any provision of this Addendum that expressly applies to you only if you are a political subdivision, county, city, or school district of specific state (“State-Specific Provision”), then the State Specific Provision shall control.

1. The parties wish to amend the above-referenced Agreement by adding the following language:

REPRESENTATIONS AND WARRANTIES OF CUSTOMER: You hereby represent and warrant to us that: (i) you have been duly authorized under the Constitution and laws of the applicable jurisdiction and by a resolution or other authority of your governing body to execute and deliver this Agreement and to carry out your obligations hereunder; (ii) all legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of this Agreement; (iii) this Agreement is in compliance with all laws applicable to you, including any debt limitations or limitations on interest rates or finance charges; (iv) the Equipment will be used by you only for essential governmental or proprietary functions of you consistent with the scope of your authority, will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use, and your need for the Equipment is not expected to diminish during the term of this Agreement; (v) you have funds available to pay Payments until the end of your current appropriation period, and you intend to request funds to make Payments in each appropriation period, from now until the end of the term of this Agreement; and (vi) your exact legal name is as set forth on page one of this Agreement.

INITIAL TERM AND RENEWAL TERM(S): The term of the Agreement consists of an initial term beginning on the date we pay Supplier and ending at the end of your fiscal year in which we pay Supplier, and a series of renewal terms, each co-extensive with your fiscal year. Except to the extent required by applicable law, if you do not exercise your right to terminate the Agreement under the Non-Appropriation or Renewal paragraph as of the end of any fiscal year, the Agreement will be deemed automatically renewed for the next succeeding renewal term.

An election by you to terminate the Agreement under the Non-Appropriation or Renewal paragraph is not a default.

Notwithstanding anything to the contrary set forth in the Agreement, if we cancel the Agreement following a default by you, we may require that you pay the unpaid balance of Payments under the Agreement through the end of your then-current fiscal year, but we may not require you to pay future Payments due beyond that fiscal year or the anticipated residual value of the Equipment. If we sell the Equipment following a default by you, you will not be responsible for a deficiency, except to the extent of our costs of repossession, moving, storage, repair and sale, and our attorneys’ fees and costs.

NON-APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make Payments or any other amounts due under this Agreement or (to the extent required by applicable law) this Agreement is not renewed either automatically or by mutual ratification, this Agreement shall terminate and you shall not be obligated to make Payments under this Agreement beyond the then-current fiscal year for which funds have been appropriated. Upon such an event, you shall, no later than the end of the fiscal year for which Payments have been appropriated or the term of this Agreement has been renewed, deliver possession of the Equipment to us. If you fail to deliver possession of the Equipment to us, the termination shall nevertheless be effective but you shall be responsible, to the extent permitted by law and legally available funds, for the payment of damages in an amount equal to the portion of Payments thereafter coming due that is attributable to the number of days after the termination during which you fail to deliver possession and for any other loss suffered by us as a result of your failure to deliver possession as required. You shall notify us in writing within seven days after (i) your failure to appropriate funds sufficient for the payment of the Payments or (ii) to the extent required by applicable law, (a) this Agreement is not renewed or (b) this Agreement is renewed by you (in which event this Agreement shall be mutually ratified and renewed), provided that your failure to give any such notice under clause (i) or (ii) of this sentence shall not operate to extend this Agreement or result in any liability to you.

SUPPLEMENTS; SEPARATE FINANCINGS: To the extent applicable, in the event that the parties hereafter mutually agree to execute and deliver any supplement or schedule (“Supplement”) under the above-referenced Agreement, such Supplement, as it incorporates the terms and conditions of the Agreement, shall be a separate financing distinct from the Agreement or other Supplements thereto. Without limiting the foregoing, upon the occurrence of an event of default or a non-appropriation event with respect to the Agreement or a Supplement (each, a separate “Contract”), as applicable, we shall have the rights and remedies specified in the Agreement with respect to the Equipment financed and the Payments payable under such Contract, and we shall have no rights or remedies with respect to Equipment financed or Payments payable under any other Contract unless an event of default or non-appropriation event has also occurred under such other Contract.

2. The parties wish to amend the above-referenced Agreement by restating certain language as follows:

Any provision in the Agreement stating that you shall indemnify and hold us harmless is hereby amended and restated as follows: “You shall not be required to indemnify or hold us harmless against liabilities arising from this Agreement. However, as between you and us, and to the extent permitted by law and legally available funds, you are responsible for and shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with the terms of this Agreement to us or that arise directly from our gross negligence or willful misconduct.”
Any provision in the Agreement stating that the Agreement is governed by a particular state’s laws and you consent to such jurisdiction and venue is hereby amended and restated as follows: “This Agreement will be governed by and construed in accordance with the laws of the state where you are located. You consent to jurisdiction and venue of any state or federal court in such state and waive the defense of inconvenient forum.” Any provision in the Agreement stating this Agreement supersedes any invoice and/or purchase order is hereby amended and restated as follows: “You agree that the terms and conditions contained in this Agreement, which, with the acceptance certification, is the entire agreement between you and us regarding the Equipment and which supersedes any purchase order, invoice, request for proposal, response or other related document.” Any provision in the Agreement stating that this Agreement shall automatically renew unless the Equipment is purchased, returned or a notice requirement is satisfied is hereby amended and restated as follows: “Unless the purchase option is $1.00 or $101.00, you agree to send us written notice at least 30 days before the end of the final renewal term that you want to purchase or return the Equipment, and you agree to so purchase or return the Equipment not later than the end of the final renewal term. If you fail to so purchase or return the Equipment at or before the end of the final renewal term, you shall be a holdover tenant with respect to this Agreement and the Equipment, and this Agreement shall renew on a month-to-month basis under the same terms hereof until the Equipment has been purchased or returned.”
Any provision in the Agreement stating that we may assign this Agreement is hereby amended and restated as follows: “We may sell, assign, or transfer this Agreement without notice to or consent from you, and you waive any right you may have to such notice or consent.”
Any provision in the Agreement stating that you grant us a security interest in the Equipment to secure all amounts owed to us under any agreement is hereby amended and restated as follows: “To the extent permitted by law, you grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement and any supplements hereto. You authorize and ratify our filing of any financing statement(s) and the naming of us on any vehicle title(s) to show our interest.”
Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be an event of default under the Agreement is hereby amended and restated as follows: “You will be in default if: (i) you do not pay any Payment or other sum due to us under this Agreement when due or you fail to perform in accordance with the covenants, terms and conditions of this Agreement; (ii) you make or have made any false statement or misrepresentation to us; or (iii) you dissolve, liquidate, terminate your existence or are in bankruptcy.

Any provision in the Agreement stating that you shall pay our attorneys’ fees is hereby amended and restated as follows: “In the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay, to the extent permitted by law and to the extent of legally available funds, our reasonable attorneys’ fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collection costs, including any collection agency fee.” Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of a default, failure to appropriate funds or failure to renew the AGREEMENT NO.
3019301

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Agreement is hereby amended to limit such requirement to the extent permitted by law and legally available funds.

3. If your end-of-term option is the purchase of all Equipment for $1.00 or $101.00, the following applies: Unless otherwise required by law, upon your acceptance of the Equipment, title to the Equipment shall be in your name, subject to our interest under this Agreement; provided, however, that if you are a political subdivision of the State of Colorado, and if your end-of-term option is the purchase of all Equipment for $1.00 or $101.00, title to the Equipment shall be in our name, subject to your interest under the Agreement.

4. With respect to any “Financed Items,” the following provisions shall be applicable to such Financed Items:

This Addendum concerns the granting to you of certain software and/or software license(s) (“Licensed Software”), the purchase by you of certain software components, including but not limited to, software maintenance and/or support (“Products”) and/or the purchase by you of certain implementation, integration, training, technical consulting and/or professional services in connection with software (“Services”) (collectively, the “Financed Items”) from software licensor(s) and/or supplier(s) (collectively, the “Supplier”), all as further described in the agreement(s) between you and Supplier (collectively, the “Product Agreement”). For essential governmental purposes only, you have requested and we have agreed that instead of you paying the fees pursuant to the Product Agreement to Supplier for the Financed Items, we will satisfy your obligation to pay such fees to Supplier, and in consideration thereof, you shall repay the sums advanced by us to Supplier by promptly making certain installment payments to us, which are included in the Payments set forth in the Agreement.

To the extent permitted by law, you grant us a security interest in the license(s), including without limitation, all of your rights in the Licensed Software granted thereunder, the Products, all rights to payment under the Product Agreement, the Financed Items, and all proceeds of the foregoing to secure all amounts you owe us under this Agreement. You authorize and ratify our filing of any financing statement(s) to show our interest.

Ownership of any Licensed Software shall remain with Supplier thereof. All Financed Items shall be provided by a Supplier unrelated to us, and your rights with respect to such Financed Items shall be governed by the Product Agreement between you and Supplier, which shall not be affected by this Agreement. IN NO EVENT SHALL WE HAVE ANY

OBLIGATION TO PROVIDE ANY FINANCED ITEMS, AND ANY FAILURE OF SUPPLIER

TO PROVIDE ANY FINANCED ITEMS SHALL NOT EXCUSE YOUR OBLIGATIONS TO US IN ANY WAY. YOU HAVE SELECTED SUPPLIER AND THE FINANCED ITEMS BASED UPON YOUR OWN JUDGMENT. WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE FINANCED ITEMS. SUPPLIER IS

NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND

NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT

REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER,

LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO

PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE

FINANCED ITEMS COVERED BY THE PRODUCT AGREEMENT AND TAKE

ABSOLUTELY NO RESPONSIBILITY FOR MERCHANTABILITY OR FITNESS FOR

ANY PARTICULAR PURPOSE OR AS TO ANY PATENT, TRADEMARK OR

ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS OR ANY OTHER ISSUE IN REGARD TO THE FINANCED ITEMS. YOU HEREBY WAIVE ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT LIABILITY OR ABSOLUTE LIABILITY IN

TORT) THAT YOU MAY HAVE AGAINST US FOR ANY LOSS, DAMAGE (INCLUDING,

WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA OR ANY OTHER

DAMAGES) OR EXPENSE CAUSED BY THE FINANCED ITEMS COVERED BY THE

PRODUCT AGREEMENT OR A TERMINATION OF THE FINANCED ITEMS PURSUANT

TO AN EVENT OF DEFAULT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, EXPENSE OR COST.

The following shall be additional events of default under the Agreement: (i) you fail to perform in accordance with the covenants, terms and conditions of the Product Agreement, or (ii) the Product Agreement is terminated, suspended, materially restricted or limited.

The following shall be additional remedies we have for your default under the Agreement: We shall have the right to: (a) cause the termination of the Financed Items and you irrevocably consent to such termination of the Financed Items by Supplier; and (b) require you to immediately stop using the Financed Items (regardless of whether you are in default under the Product Agreement) and you shall, at our option, either deliver to us a certification executed by a duly authorized officer certifying that you have ceased use of the Financed Items or deliver the Financed Items to a location designated by us. In the event you are entitled to transfer the right to use the Financed Items to any third party, you hereby agree to transfer any such right to use the Financed Items to any third party selected by us and acknowledge that you shall have no right to fees payable by any third party in connection with such transfer. However, we shall not be required to mitigate our damages caused by a default by transferring any Financed Items to a third party.

5. If you are a political subdivision of the State of Arizona, the following applies: We understand that you may cancel the Agreement within three years after the start date of the Agreement if any person significantly involved in negotiating, drafting, securing or obtaining the Agreement for or on your behalf becomes, during the term of the Agreement, our employee or agent or becomes, during the term of the Agreement, a consultant to us with respect to the subject matter of the Agreement.

6. If you are a school district in the State of California and your end-of-term option is the purchase of all Equipment for $1.00 or $101.00, the following applies: You will be deemed to have acquired title to the Equipment from the Supplier on the date we pay for it, and you hereby sell, transfer and convey the Equipment to us on that date. You represent to us that the resolution of your governing body authorizing the execution and delivery of the Agreement contained a finding that the Equipment is a major item of equipment or data processing equipment and that the sale and leaseback of the Equipment was the most economical means of providing the Equipment to you.

7. If you are a political subdivision of the State of Idaho, the following applies: If you are required under the Agreement to make any payments to us (other than a Payment) during any fiscal year during the term of the Agreement in the event of (a) a late payment charge for Payments, (b) an advance by us which you are required to repay, (c) an indemnity payment you owe to us, or (d) any other additional payment obligation you owe to us under the Agreement (collectively, the “Additional Payments”), the Additional Payments shall be payable solely from legally appropriated funds available for such fiscal year (“Available Funds”). To the extent Available Funds are not available for such fiscal year for payment of the Additional Payments, then the Additional Payments shall be subject to appropriation for the following fiscal year, or the fiscal year following the final fiscal year of the term of the Agreement, if the Additional Payment was incurred in the final fiscal year of the term of this Agreement. Failure to so appropriate the Additional Payments for the following fiscal year in each such case shall be a non-appropriation described in the NonAppropriation or Renewal paragraph of the Agreement, providing the remedies to us for such an event in said paragraph. You will not be entitled to prepay the Agreement or to exercise your option to purchase the Equipment at the end of the term of the Agreement so long as any Additional Payments are outstanding and unpaid.

8. If you are a political subdivision of the State of Nevada, the following applies: You represent to us that, to the extent required by applicable law (a) the Agreement has been approved by the Executive Director of the Nevada Tax Commission, (b) the Agreement was approved by resolution of your governing body, and such resolution was approved by twothirds of the members of such governing body, and (c) the resolution approving the Agreement was in form that complies with Nevada Revised Statues Section 350.087, including the required findings of fact, and was published in accordance with the requirements of Section 350.087. To the extent required by applicable law, you agree to update your plan for capital improvements in accordance with the requirements of Nevada Revised Statutes Section 350.091.

By signing this Addendum, Customer acknowledges the applicable changes noted above are incorporated by reference into the Agreement. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. Customer has caused this Addendum to be executed by its duly-authorized officer as of the date below.

UBEO West, LLC City of Tulare
Lessor Customer
X
Signature Signature

Title Date Title Date

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A597 REV 01/19

SELF-INSURED ADDENDUM (PROPERTY)
AGREEMENT #
3019301
Addendum to Agreement # , between , as Customer and , as Lessor/Secured Party. The words “you” and “your” refer to Customer. The words “we,” “us” and “our” refer to Lessor/Secured Party. This Addendum is specific to the aforementioned Agreement # and shall not be incorporated into any future supplements/schedules thereto.

The parties wish to amend the above-referenced Agreement by adding the following language:

This Agreement imposes certain obligations on you with respect to maintaining property insurance on the Equipment to cover risk of loss or damage to such Equipment. You have indicated to us that you will not carry property insurance from an insurance carrier. Rather, you will self-insure for property loss by maintaining sufficient liquid assets and overall financial strength to fully cover such risks of loss or damage.

You acknowledge and confirm that, notwithstanding the foregoing, you shall remain solely responsible for any and all risk of loss or damage to the Equipment, in accordance with the terms of this Agreement. Furthermore, upon any event of default or if we determine, at our sole discretion, that you do not have sufficient liquid assets or overall financial strength to adequately self-insure for property loss, we reserve the right to require you to obtain a property insurance policy from an insurance carrier in an amount not less than the full replacement value of the Equipment and with us named as lender’s loss payee.

By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor/Secured Party to make such changes. In the event of any conflict between this Addendum and the Agreement, this Addendum shall prevail. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer.

City of Tulare
Lessor/Secured Party Customer
X
Signature Signature
Title Date Title Date

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Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Information Technology Services
Submitted by: Jason Bowling, Chief Technology Officer
Agenda Title: ERP Consultant Contract

RECOMMENDED ACTION
Approve on-call professional services contract with ClientFirst Consulting of Corona, CA, for ERP implementation services subject to only minor, conforming and clarifying changes acceptable to the City Attorney and City Manager for a maximum 5 years and a maximum total contract value of $550,000 based on piggyback contract with the City of Carlsbad.

SUMMARY
The City of Tulare currently use Eden Systems as our primary financial system or Enterprise Resource Planning (ERP) system. Eden Systems has been sunset by the manufacturer and will no longer be supported past March 2027. In May 2022, City Council adopted Resolution 2022-05 appropriating $1,650,000 towards replacing the financial system (ERP system) using American Rescue Plan Act (ARPA) funding.

In June 2023, City Council approved the 2023-2025 Capital plan that included project IT2023- 02 for Phase One of the Finance System Replacement. Phase One of the Finance system replacement is a three-year project that includes: Core Financials, Human Resources\Payroll and Utility Billing starting in the 2023/2024 fiscal years. Phase Two was also included (project IT2023-03) and is a two-year project that starts in 2025/2026 and includes primality land usebased functions of Permits and Inspections and Code Enforcement.

The proposed contract has a maximum value of $350,000 in initial term and is paid on actual hours worked. Currently it is estimated a minimum of $80,000 will be required for each of the three years. Based on experience, ERP replacement projects have higher risk than most projects and staff is requesting the total balance that is currently available in the Phase one budget for consulting services should it be required. Also included in the contract is the potential for up to two one-year extensions that can be utilized for Phase 2 of the project if desired by the City.

Item #: 10.13
Consent

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FISCAL IMPACT & FUNDING SOURCE(S)
The maximum contract value for the initial 3-year term, is $350,000 to be paid from American Rescue Plan Act (ARPA) funding, account 028-4145-7204. The maximum value of the remaining $200,000 of the contract will come from phase two of the ERP project expected to start in 2025/2026 consisting planned equipment replacement funds. Funds will only be paid based on actual hours worked.

LEGAL REVIEW
This contract was review by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Proposal

2. Contract
Reviewed/Approved:

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PROFESSIONAL SERVICES AGREEMENT
On-Call ERP INFORMATION TECHNOLOGY ERP IMPLEMENTATION

ASSISTANCE
THIS AGREEMENT is made and entered into as of the ______________ day of ___November_______, 2023, by and between the CITY OF TULARE, a municipal corporation, hereinafter referred to as "City", and ClientFirst Consulting Group, LLC, dba ClientFirst Technology Consulting, a LLC, hereinafter referred to as "Contractor."

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain non-exclusive technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in Exhibit “A”, and hereinafter referred to as the “PROJECT”; and WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

1. SCOPE OF WORK
City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement’s terms and conditions. To the extent any of the terms in any exhibit to this Agreement conflict, in whole or part, with the terms of this Agreement, the terms of this Agreement shall prevail.

Contractor’s obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Order for the project (see paragraph 5 below).

2. STANDARD OF PERFORMANCE
While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Central California Area and will use reasonable diligence and best judgment while exercising its professional skill and expertise.

3. TERM
The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor’s performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement.

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4. PROGRESS AND COMPLETION
The work for any project granted to Contractor pursuant to this Agreement will begin within ten (10) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or their appointee. The City Manager or their appointee will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement.

5. COMPENSATION
The cumulative total for all task orders allowed pursuant to this Agreement will not exceed five hundred thousand fifty thousand dollars ($550,000). If the City elects to extend the Agreement, the amount shall not exceed one hundred thousand dollars ($100,000) per Agreement year. The total amount of the Agreement shall not exceed hundred thousand fifty thousand dollars ($350,000) for the initial three-year term. Fees will be paid on a task order-by-task order basis and will be based on Contractor’s Schedule of Rates specified in Exhibit “A”.

Prior to initiation of any task order work by Contractor, the Contractor shall prepare a Project Task Description and Fee Description (the "Task Order") which, upon issuance of a Purchase Order, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular task being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Order will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof.

6. STATUS OF CONTRACTOR
Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but, will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes.

The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor.

In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the

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CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

7. SUBCONTRACTING
Contractor will not subcontract any portion of the Services without prior written approval of City.

If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

C. All subcontracts exceeding $25,000 shall contain all provisions required of the prime contract.

8. OTHER CONTRACTORS
The City reserves the right to employ other Contractors in connection with the Services.

9. AUTHORIZED REPRESENTATIVE
A. CITY: The Chief Technology Officer shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Tulare is specifically required.

B. CONSULTANT: David Krout shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

10. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other

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of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of sub consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein.

In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and

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obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

11. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

12. NO PERSONNEL AGENCY, COMMISSION, OR CONTINGENT FEE
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

13. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

14. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

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15. All subcontracts exceeding $25,000 shall contain all provisions required of the prime contract.

16. BUSINESS LICENSE
Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time.

17. ACCOUNTING RECORDS
Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

18. DOCUMENTS/DATA
A. Ownership of Documents/Data: All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records.

19. COPYRIGHTS
Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City.

20. INDEMNIFICATION AND INSURANCE
A. With respect to acts, errors, or omissions in the performance of professional services, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, attorney fees, costs, or liability of any kind or nature arising directly out of CONSULTANT’s negligent acts, errors or omissions in the performance of his/her professional services under the terms of this Agreement.

B. With respect to all acts or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, attorney fees, costs, or liability of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subconsultants, if any) performance or failure to perform, under the terms of this Agreement; excepting those which arise out of the comparative fault of CITY.

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C. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insurance as required by California statues.

2. Commercial general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence, and Four Million Dollars ($4,000,000) aggregate. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Consultant’s Liability (if applicable).

3. Professional liability insurance coverage, in an amount not less than Two Million Dollars ($2,000,000). CONSULTANT shall maintain such coverage for at least four (4) years from the termination of this Agreement. During this four (4) year period, CONSULTANT shall use CONSULTANT’S best efforts to ensure that there is no change of the retroactive date on this insurance coverage.

4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.

Such insurance shall include coverage for owned, hired, and nonowned automobiles and shall be provided by a business automobile policy.

D. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

E. Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or nonrenewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Tulare, 411 East Kern Avenue, Tulare, CA 93274.” In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Tulare shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Tulare, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Tulare.”
F. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance

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required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above.

Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title.

Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

G. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or

2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT
hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subconsultant’s performance of the work covered under this Agreement.

21. NON-DISCRIMINATION
CONSULTANT and all subconsultants shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

22. MISCELLANEOUS PROVISIONS
A. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if

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such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising there from.

B. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

C. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

D. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

E. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF TULARE:
411 East Kern Avenue
Tulare, CA 93274
Attention: City Clerk
CONSULTANT:

ClientFirst Technology Consulting
980 Montecito Dr. Suite 209
Corona Ca 92879
Attention: David Krout
F. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

G. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

H. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

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I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

J. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654 that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

K. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

L. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions there under.

23. ADDITIONAL MISCELLANEOUS PROVISIONS
A. Record Retention: The City, State, or their duly authorized representatives shall have access to any documents, books, papers, and records of the consultant (which are directly pertinent to the project) for the purpose of making an audit, examination, excerpts, and transcripts. The consultant shall maintain all required records for at least three (3) years after final payment on the project and all pending matters are closed. This also applies to all subcontracts in excess of $25,000.

B. Cost Principals: Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., are the governing factors regarding allowable elements of cost. Administrative requirements are set forth in 49 CFR, Part 18 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. This also applies to all subcontracts in excess of $25,000.

C. Changes in Work: If changes in scope, character, or complexity become desirable or necessary as work progresses, adjustments to the agreement may be made in writing signed by the CITY and CONSULTANT. In special cases, where it is essential that extra work be performed immediately, execution of the supplemental agreement covering the changes will be accomplished as soon as possible. This agreement shall provide for the preparation and submittal of contract change orders when applicable. There shall be no charge to the City when the change order is required to correct errors or omissions by the Service Provider
D. General Compliance with Laws and Wage Rates: CONSULTANT shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.

E. Compliance with the Copland “Anti-Kickback” Act (18 USC 874): CONSULTANT is prohibited from inducing, by any means, any person involved in the construction, completion, or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled (all suspected or reported violations shall be reported to the City).

F. Equal Employment Opportunity:

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The Consultant shall be required to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).

1. The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. chapter 60, the following equal opportunity clause:

During the performance of this contract, the Consultant agrees as follows:
a. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, 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. The Consultant agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The 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 to be provided advising the said labor union or workers representatives of the Consultant’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
d. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and pursuant to rules, regulations, and orders of the Secretary of Labor and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Consultant

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may be declared ineligible for further Government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law.
g. The Consultant will include the portion of the sentence immediately preceding paragraph 17(a) (1) and the provisions of paragraphs 17(a)(1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as EDA or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event the Consultant becomes involved in or is threatened with litigation with or by a subconsultant or vendor as a result of such direction by the Secretary of Labor, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
h. The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally-assisted construction work. Provided, however, that if the Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government that does not participate in work on or under the Contract.
i. The Recipient agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of consultants and subconsultants with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist in securing compliance.
j. The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Consultant debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon consultants and subconsultants by the Secretary of Labor pursuant to Part II, Subpart D of the Executive order.

2. Exemptions to Above Equal Opportunity Clause (41 C.F.R. chapter 60):

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a. Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt. The amount of the Contract, rather than the amount of the federal financial assistance, shall govern in determining the applicability of this exemption.
b. Except in the case of subconsultants for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second tier. c. Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw materials are exempt.

G. Monthly Reporting: The Contractor/Consultant shall submit a report on a monthly basis to the City covering the general progress of the job and describing any problems or factors being experienced.

H. Federal Non-Discrimination Statutes: The Service Provider must comply with all Federal statutes relating to non-discrimination. These include but are not limited to:

1. Title VI of the Civil Rights Act of 1964 (P.L.88-352) which prohibits discrimination on the basis of race, color, or national origin;

2. Section 112 of PL 92-45 and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex;

3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794) which prohibits discrimination on the basis of handicaps;

4. The Age Discrimination Act of 1975, as amended (42 U.S.C.6101- 6107) which prohibits discrimination because of age;

5. The Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to non-discrimination on the basis of drug abuse;

6. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L.91-616), as amended, relating to non-discrimination on the basis of alcohol abuse or alcoholism;

7. Sections 523 and 527 of the Public Health Service Act of 1912 (42U.S.C. 290 dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

8. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et. seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing;

9. Any other non-discrimination provisions in the specific statute(s) under which the application for Federal assistance is being made; and

10. The requirements of any other non-discrimination statute(s) which may apply.

I. ClientFirst acknowledges that other public agencies may seek to “piggyback” under the same terms and conditions of a resulting similar services contract and/or purchases being offered in this contract or proposal. ClientFirst has the

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option to agree or disagree to allow contract piggybacks on a case-by-case basis. ClientFirst agrees to extend the same pricing, terms, and conditions as stated in this contract or proposal to each and every political entity, special district, and related non-profit. It is understood that other entities shall make purchases in their own name, make payment, and be liable directly to ClientFirst.

The agency shall in no way be involved or responsible to ClientFirst for other entities’ purchases.

IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF TULARE: CONSULTANT:
___________________________ ___________________________ City Manager David Krout, Managing Partner
Attest:
___________________________
Chief Deputy City Clerk
Approved as to Form:
___________________________
City Attorney
Attachments:

Exhibit “A”: Scope of Services
Exhibit “B”: Schedule of Fees for Professional Services Exhibit “C”: Certificate of Liability Insurance

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Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Police
Submitted by: Police Chief Fred Ynclan
Agenda Title: Citizens Option for Public Safety 2023/2024 Program Funds

RECOMMENDED ACTION
Adopt a resolution approving the acceptance and appropriation of Citizens Option for Public Safety (COPS) 2023/2024 Program funds from the State of California in the amount of $108,335 to be used to fund one police officer position.

SUMMARY
Since 1997, the California State Budget Act has included allocations to counties and cities for the COPS program. This funding is intended to fill the need for additional resources at the local level to ensure public safety. Funds must supplement existing services and cannot be used to supplant any existing funds. The funds cannot be used for administrative overhead costs in excess of ½ percent of the total allocation. The allocation may not be used to fund the costs of any capital project or construction project that does not directly support frontline law enforcement. Each city is required to deposit the funds into a separate Supplemental Law Enforcement Services Fund so that these funds are not intermingled with General Fund dollars.

The 2023/2024 COPS award for Tulare is in the amount of $108,335. Staff proposes to use the COPS funds to supplement one police officer position.

FISCAL IMPACT & FUNDING SOURCE(S)
033 COPS State Grant

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Allocation letter

2. Resolution
Reviewed/Approved:

Item #: 10.14
Consent

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RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF CITIZENS’ OPTION

FOR PUBLIC SAFETY (COPS) FUNDS FROM THE STATE OF CALIFORNIA WHEREAS, the State of California has appropriated monies for the Citizens’ Option for Public Safety (COPS) program and for juvenile justice programs specified pursuant to the Juvenile Justice Crime Prevention Act (JJCPA); and WHEREAS, the State Controller is required to allocate the COPS and JJCPA funds to each county that has established a Supplemental Law Enforcement Services Fund (SLESF); and
WHEREAS, the County of Tulare has established a Supplemental Law Enforcement Services Fund; and
WHEREAS, State law requires the County Auditor to allocate a certain percentage of the monies received from the State Controller to the cities within the county in accordance with the relative population of the cities; and WHEREAS, the City of Tulare is entitled to $108,335 for frontline law enforcement purposes; and
WHEREAS, the Tulare Police Chief has submitted to the City Council a request that the funds, which the City will receive under the allocation, be used to supplement one police officer position; and
WHEREAS, the 2023/2024 Budget included the anticipation of using the COPS funds as part of the Police Department’s budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The City of Tulare hereby accepts the allocation of $108,335 from the State of California Citizens’ Option for Public Safety (COPS) Program funds. The City Manager, or designee, is hereby authorized to execute all necessary documents pertinent to such grant.

Section 2. The funds which the City will receive are hereby appropriated towards the salary and benefits of one police officer position.

PASSED, APPROVED, AND ADOPTED on this 7th day of November 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

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

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Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Police
Submitted by: Police Chief Fred Ynclan
Agenda Title: CALAW4 Base Station Radio Purchase

RECOMMENDED ACTION
Authorize the purchase of CALAW4 Base Station Radio and accessories from Motorola Solutions Inc., utilizing Los Angeles County Contract 18105 MA-IS-2240228, for a total cost of $8,944.98.

SUMMARY
The Tulare Police Department seeks to replace a failed (inoperable) base radio for CA Law 4 radio frequency.

FISCAL IMPACT & FUNDING SOURCE(S)
623-4623-7403

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

Item #: 10.15
Consent

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Staff Report
Meeting: City Council
Date: November 7, 2023
Department: City Attorney
Submitted by: City Attorney Mario U. Zamora
Agenda Title: City Manager Employment Agreement Amendment

RECOMMENDED ACTION
Approve an amendment to City Manager Marc Mondell’s employment agreement.

SUMMARY
An amendment to City Manager Marc Mondell’s Employment Agreement calls for a 3.5% increase in salary which would bring his salary to $233,241.12. The Amendment also extends the term two additional years, allows for 9 months of severance if terminated without cause, and an additional 40 hours of management leave earned per fiscal year. The additional 40 hours of management leave falls under the same provisions as established by the City policy.

FISCAL IMPACT & FUNDING SOURCE(S)
Increase to Personnel Services in 001-4020.

LEGAL REVIEW
Reviewed and submitted by the City Attorney’s Office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Second Amendment to Employment Agreement

2. Original Employment Agreement
Reviewed/Approved:

Item #: 10.16
Consent

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SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This Second Amendment to Employment Agreement is made on the _______ day of November, 2023, by and between the CITY OF TULARE, a municipal corporation (“City”), and MARC MONDELL (“Employee”), with respect to that Employment Agreement (“Agreement”) attached hereto as Exhibit 1, effective on November 4, 2023. City and Employee are collectively referred to herein as the “Parties” and singularly as a “Party.”
For valuable consideration, the receipt of which is hereby acknowledged, the Parties amend the Agreement as follows:

1. The end date as stated in Section 2 shall be amended to September 27, 2026.

2. The severance amount as stated in Section 3(B)(3) shall be amended to an amount equal to nine (9) months of aggregate then-current annual salary if Employee is terminated without cause.

3. The annual salary as stated in Section 4 shall be amended to two hundred, thirty-three thousand, two hundred, forty-one dollars and twelve cents ($233,241.12).

4. The Management Leave as stated in Section 6(D) shall be amended to one hundred and twenty-eight (128) hours.

5. All terms and conditions of the Agreement and First Amendment to the Agreement not otherwise amended herein shall remain in full force and effect.

Dated: __________________ CITY OF TULARE
By: _________________________
Terry A. Sayre
Mayor
Dated: __________________ EMPLOYEE
By: _________________________
Marc Mondell
ATTEST:

By: _________________________
City Clerk

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Staff Report
Meeting: City Council
Date: November 7, 2023
Department: Engineering Services - Project Management
Submitted by: City Engineer Michael Miller
Agenda Title: Bid Results for Project EN0095 – Academy & Apricot Improvements

RECOMMENDED ACTION
Review the construction bid results received for Capital Improvement Project No. EN0095 – Academy and Apricot Improvements and provide direction to staff as to how to proceed.

SUMMARY
Capital Improvement Project No. EN0095 is a full street rehabilitation project located north of San Joaquin Avenue and between Cherry and Blackstone Streets. The project limits include the street segments depicted in attached Exhibit “A”.

The project was put out to bid, with bids being received and opened on September 21, 2023.

The lowest responsive bid received was from Agee Construction Corporation in the amount of $10,169,812, which is $2,669,812 higher than the design engineer’s construction cost estimate. Additional consultant support services totaling $1,174,042 would be required to construct the project as detailed in the table below. The total value of the construction related contracts would be $11,343,854.

Task Description Contractor Amount

1. Construction
Contractor
Agee Construction Corporation of Clovis, CA $10,169,812

2. Construction
Inspection
NV5 of Fresno, CA $623,207

3. Materials Testing Blackburn Consulting of Fresno, CA $385,135

4. Construction
Surveying
4Creeks of Visalia, CA $130,000

Item #: 11.1
General Business

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therefore cannot be performed under the Contractor’s contract. Furthermore, City Staff does not have the time nor professional qualifications to perform these services. 4Creeks of Visalia, CA is included on the list of On-Call Construction Surveying consultants and demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. 4Creeks has reviewed the scope of the Academy & Apricot Improvements Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $130,000. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

Labor Consultants of California of Hanford, CA is included on the list of pre-qualified On-Call Labor Compliance Monitoring consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. Labor Consultants of California has reviewed the scope of this project and has proposed to perform the necessary services on a time and materials basis, not to exceed $35,700, in accordance with the provisions of their on-call contract. This amount is in line with industry standards and with what the City has experienced on projects with similar scopes of work.

Accounting for prior design phase costs, and with the addition of 10% contract contingencies and staff time costs, the overall project cost would total $12,946,749. This would be $3,603,543 above the overall project budget programmed in the 2023-2028 CIP Program.

FISCAL IMPACT & FUNDING SOURCE(S)
Fund 021 – Measure R Local - $1,727,537
Fund 022 – Gas Tax (HUTA) - $876,931
Fund 122 – Gas Tax (RMRA) SB1 - $221,606
Fund 610 – Water CIP Fund – $4,070,610
Fund 615 – Sewer/Wastewater CIP Fund – $4,514,131
Fund 647 – Surface Water CIP Fund – $1,535,933

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LEGAL REVIEW
Subsequent contract approval to be reviewed by the City Attorney.

ALTERNATIVE ACTION

1. Reject all bids received for Project EN0095 – Academy and Apricot Improvements, and direct staff to re-bid the project in December. Past experience indicates that projects that are bid during this timeframe receive more interest from prospective contractors. There is also the possibility that material costs could decrease slightly from what they were at the time of the current bid. The hope is that lower bids would be received that fall within the City’s ability to fund the project.

2. Reject all bids received for Project EN0095 – Academy and Apricot Improvements, and direct staff to reprogram the project for construction in fiscal year 2024/2025 when additional funding is projected to become available.

3. Direct staff to reduce the scope of the project, revise the design accordingly, and re-bid the project. It is anticipated that a reduced scope would result in lower bids, although additional design costs would be incurred.

ATTACHMENTS

1. Exhibit A – Project EN0095 Affected Streets

2. Construction contract – Agee Construction Corporation

3. Construction Inspection Proposal – NV5

4. Materials Testing Proposal – Blackburn Consulting

5. Construction Surveying Proposal – 4Creeks

6. Labor Compliance Proposal – Labor Consultants of California

7. Bid Summary
Reviewed/Approved:

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EXHIBIT “A”
Project EN0095 Affected Streets

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11.1 General Business Page 6 ATTACHMENT 2

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Fee and Effort Table - Academy and Apricot Improvements Project 9/21/2023 Description Kevin Reisz PE, PIC/PM Resident Engineer
Steven Wasse - Lead Field
Engineer*
Assistant Resident
Engineer/Office Engineer** TOTAL COST TOTAL HOURS
40 40

1.1 Review Project Documents 0

1.2 Project Kick-Off Meeting 0

1.3 Establish Project Procedures 0

1.4 Pre-construction meeting 0

1.5 Review Initial Submittals 0

1.6 Pre-construction Photos & Videos 0

1.7 Pothole and Conflict Certification 0

1.8 Constructability Review 0 Man Hour Total 0 40 0 40
Hourly Rate Charge (1) $300.00 $266.88 $209.37 $122.74
Total Fees $0.00 $0.00 $8,374.80 $0.00 $8,374.80
TASK 2: CONSTRUCTION MANAGEMENT SERVICES DURING CONSTRUCTION 2240 1120 3360 Task 2.1 Project Coordination and Correspondence

2.1.1 Interaction with City Staff, Designer, and Utilities 0

2.1.2 Utility Coordination 0

2.1.3 Progress Meetings 0

2.1.4 Monthly Reporting to City Project Manager 0
Task 2.2 Project Administration and Documentation

2.2.1 Document Control 0

2.2.2 Schedule Review 0

2.2.3 Weekly Statement of Working Days 0

2.2.4 Submittal Management 0

2.2.5 Request for Information Management 0

2.2.6 Change Order Management & Cost Control 0

2.2.7 Monthly Payment Review & Cost Control 0

2.2.8 Labor Compliance 0

2.2.9 Claims Management 0
Task 2.3 Construction Observation Services / Inspection Services

2.3.1 Field Inspection 0

2.3.2 Materials Testing, Quality Assurance Testing & Source Inspection 0

2.3.3 Storm Water Pollution Prevention Plan (SWPPP) Monitoring 0

2.3.4 Traffic Control 0

2.3.5 Construction Staking & Layout Verification 0

2.3.6 Environmental Monitoring 0
Man Hour Total 0 0 2240 1120 3360
Hourly Rate Charge (1) $300.00 $266.88 $209.37 $122.74
Total Fees $0.00 $0.00 $468,988.80 $137,468.80 $606,457.60 TASK 3: POST CONSTRUCTION & PROJECT CLOSEOUT SERVICES 40 40

3.3.1 Final Inspection & Issue Notice of Completion 0

3.3.2 Prepare & Recommend Final Payment Request 0

3.3.3 Review & Submit As-Builts 0

3.3.4 Prepare Final Reports 0

3.3.5 Deliver Project Files 0
Man Hour Total 0 0 40 0 0
Hourly Rate Charge (1) $300.00 $266.88 $209.37 $122.74
Total Fees $0.00 $0.00 $8,374.80 $0.00 $8,374.80
Materials Testing $ - 0
Total Fees $0.00
None 0
Total Fees $0.00
Surveying $ - 0
Total Fees $0.00
Part 1 Man Hour Total 0 0 2320 1120 3440
Total Fees Parts 1 - 4 $0.00 $0.00 $485,738.40 $137,468.80 $623,207.20 Notes and Assumptions:
$ -

1. NV5 employees hourly rates include overhead, profit, safety equipment, inspector laptops, cell phones, and a vehicle. Office Expenses $ -

2. Compensation to provide Construction Management services required for this project shall be on a time and material basis for the necessary personel.

3. Adjustments to this estimate may be required if the actual schedule requires more or less construction management services than proposed. $623,207.20

4. This cost estimate is based on a construction contract duration of 280 working days. It assumes a typical 8 hour work day, Monday through Friday (2240 hours).

5. Time extensions to the project may result in additional construction management services.

6. This cost estimate includes an as needed person to assist with contract administration including but not limited to submittal and RFI reviews, but assumes no Resident Engineer services on the project.

Part 1 - Construction Management & Inspection through Project Closeout Part 2 - Materials Testing / Source Inspection
Part 3 - Public Outreach
Part 4 - Additional Services
Other Direct Costs
TASK I: PRECONSTRUCTION SERVICES

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September 19, 2023
Dylan Chimienti
Construction Coordinator
City of Tulare
411 E. Kern Ave
Tulare, CA 93274
RE: Scope and Fee – Academy& Apricot (RFB 23-786-EN0095)-Surveying/Staking Services (ALL 6 Phases)
Dear Mr.Chimienti,
We are pleased to prepare the attached proposal for your consideration on the staking services you are needing, for Academy and Apricot Improvements project. 4Creeks provides land development services for residential, industrial, educational, and commercial projects within various jurisdictions and are able to communicate effectively and efficiently in order to process the many types of development projects.

Our proposal is attached below that outlines a thorough scope of work and estimated fee for the required services needed for this project (all field time is based on prevailing wages rate scale). We thank you for this opportunity to provide a proposal on this project and are looking forward to continuing a healthy relationship with the City of Tulare.

After you have reviewed the enclosed documents, please let us know if you have any questions or comments.

Sincerely,
Randy Wasnick
Professional Land Surveyor
encl: Attachment A – Scope of Work and Estimated Fees
Job no: 21164

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SCOPE OF WORK
Task BG 01: Construction Staking: Academy & Apricot Project-Surveying/Staking Services (ALL 6 Phases)
4Creeks will provide construction staking services for the Academy and Apricot Improvements, consisting of pavement reconstruction, ADA Ramps, curb returns/approaches/curb/sidewalk, Sewer Improvements, Storm Drain Improvements, and Water improvements, for the Academy/Apricot area along Academy, Apricot, Pine Drive, Olympic Court, Willow Court, Gem, Highland, La Mesa Drive, and Various Alleys which will be spread out over 6 phases of construction. The follow scope is identified below. o Apricot & Academy Tract Improvements
o Demo limit staking
o Fine Grade Staking: Approx. 22 Ramps, 8 Alley Approaches, various drive approaches and sidewalk/curb sections (including BC,EC, MOC, RP, and centerline of ramps, ends, etc.) o Water line staking @ 50’ stations, including tees, 90s, valves, hydrants, services, and crossings
o Sewer line staking @ 50’ stations w/inverts, manholes w/inverts, stubs, and services o Storm line staking @ 50’ stations w/inverts, manholes w/inverts, drain inlets w/inverts, and stubs
o Dry Utility (Signals, push buttons)
o Corner records and ties
o Tie out centerline monuments
o Stake out location of monuments to be rebuilt (monuments to be built by others/contractor4Creeks will not be responsible for the reconstruction of these monuments its assumed this is being done by others)
o Prepare and submit corner records for monuments destroyed and replaced The above described services will be provided for a time and materials for an estimated fee of $130,000.

Any additional items requested not specifically mentioned above will be billed as “extra” on a Time and Materials basis.

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Bid Opening Summary Sheet
Name of Company
Bid# 23-786
Title EN0095 Academy and Apricot Improvements
Project
Date/Time Thursday, September 21, 2023 at 2:30 p.m.

City Amount
� �4 9 . /4-:S- 1...2 Opened and Attested By· �/i4(,L Deputy Ci Recorded By:

Witness:

Note: Bids/RFP's are subject to review and verification. 0 11.1 General Business Page 49 ATTACHMENT 7

Tulare City CouncilNovember 7, 2023

Tulare City Council
November 7, 2023