Agenda packet — Tulare City Council, December 19, 2023 (part 1 of 3)

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, December 19, 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 December 19, 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 Stationary Mobile Vendors & Vendor Stands.

Recommended Action: Review and discuss options related to stationary mobile vendors [M. Anaya]

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

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION - Jeremy Hartley, Pastor of Tulare First Baptist Church, to deliver invocation.

6. PROCLAMATIONS & RECOGNITIONS

6.1 Recognition to Nick Galvan, Live Oak Middle School Band Director

6.2 Recognition to Annual Employee Spotlight Award Recipients

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

9.1 January 2, 2024 Regular City Council Meeting is canceled. 6:00 p.m. – SPECIAL MEETING
City Council Agenda – Special and Regular Meetings December 19, 2023 City of Tulare Page 3

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.

10.2 Special and/or Regular Meeting Minutes of December 5, 2023.

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

10.3 Second Reading and Adoption of Ordinance 2023-09.

10.4 Cartmill Commons Preliminary Oversize Agreement.

10.5 Landscape Maintenance District 2024-02 for Fulton Estates.

Recommended Action: Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2024-02 for the Fulton Estates subdivision, and setting January 16, 2024, as the date for a public hearing regarding the same. [M.

Miller]

10.6 Tentative Parcel Map 2022-06 Deferred Improvement Agreement.

10.7 Landscape Maintenance District 2024-01 for Wild Oak.

10.8 Willow Glen Subdivision Phase 6 Notice of Completion.

10.9 Professional Landscape Maintenance Contractor Service.

10.10 Investments Report.

Recommended Action: Accept the monthly investments report for October 2023. [M.

Gaboardi]

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 Board, Commission, and Committee Appointments.

Recommended Action: Review applications, interview applicants, and appoint members to City boards, commissions, and committees to serve from January 1, 2024 through December 31, 2028, and/or direct staff to continue to solicit applications. [M.

Hermann]

11.2 Establishment of Historic Preservation Committee.

11.3 Lease Agreement for the Alpine Vista Property.

Recommended Action: Approve and authorize the City Manager to execute a lease agreement with the Tulare City School District for the Alpine Vista Property. [J. Glick]

12. FUTURE AGENDA ITEMS

12.1 Place the National Motto “In God We Trust” on Wall in Chamber.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]

13. STAFF UPDATES

14. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, January 16, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City Council Agenda – Special and Regular Meetings December 19, 2023 City of Tulare Page 5

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: Wednesday, December 13, 2023
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: December 19, 2023 Agenda Memo
Date: December 13, 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 Stationary Mobile Vendors & Vendor Stands.

Recommended Action: Review and discuss options related to stationary mobile vendors [M. Anaya]

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

4. CALL TO ORDER REGULAR MEETING

5. PLEDGE OF ALLEGIANCE AND INVOCATION - Jeremy Hartley, Pastor of Tulare First Baptist Church, to deliver invocation.

6. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 7:05-7:30 p.m.]

6.1 Recognition to Nick Galvan, Live Oak Middle School Band Director

6.2 Recognition to Annual Employee Spotlight Award Recipients

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 Tulare City Council Page 2
Agenda Memo - December 19, 2023
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. [Time Estimate: 7:30-7:45 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: 7:45- 7:45 p.m.]

9. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:45-7:50 p.m.]

9.1 January 2, 2024 Regular City Council Meeting is canceled.

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 December 5, 2023.

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

10.3 Second Reading and Adoption of Ordinance 2023-09.

Recommended Action: Adopt Ordinance 2023-09 approving Zone Amendment No. 743 pre-zoning approximately 863-acres of property to R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area), R-M-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands) zone district to become effective upon annexation into the City limits and is generally located on the northeast corner of Bardsley Avenue and Oakmore Street. [S. Sopp]
Summary: At the December 5, 2023 meeting, Council passed-to-print an ordinance to approve a zone amendment as part of the Chandler Grove Master Plan and Annexation Project. The area proposed for annexation is currently subject to the County’s zoning requirements and is zoned AE-40 (Agricultural Exclusive, 40-acre minimum parcel size). The applicant is proposing to pre-zone the project site to the City’s zoning to become effective upon annexation into the City limits of the City of Tulare. Proposed zoning designations of the project site are C-3 (Retail Commercial), R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area), R-M-2 (Multiplefamily Residential, 3,000 sq. ft. minimum per unit), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands). The proposed Zone Amendment is consistent with the goals and objectives of the City’s General Plan, including the proposed General Plan Amendment associated with the project and the COS North Transit Oriented Development Plan.

Tulare City Council Page 3
Agenda Memo - December 19, 2023
Fiscal Impact & Funding Source(s): Not applicable.

Legal Review: This item does not require legal review.

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

10.4 Cartmill Commons Preliminary Oversize Agreement.

Recommended Action: Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with UG2 Tulare CA, LP, a Delaware Limited Partnership for construction costs associated with the Cartmill Commons commercial development 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 Cartmill Commons commercial development located at the southwest corner of Cartmill Avenue and Akers Street (a.k.a. Gem Street), UG2 Tulare CA, LP (Developer) is required to construct arterial street improvements and install master plan water and storm drainage improvements in Akers Street across the project’s frontage. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached preliminary oversize construction reimbursement agreement for Akers Street improvements identifies work that the City has required the Developer to complete that would be eligible for reimbursement under the City’s oversize reimbursement policy and identifies the conditions under which the City would reimburse the Developer for their eligible expenditures, plus accrued interest, as funding becomes available through the City’s Development Impact Fee program.

Fiscal Impact & Funding Source(s): The following funding sources will be impacted:

DIF Transportation Facilities – Principal / #001-4320-8206; DIF Transportation Facilities – Interest / #001-4320-8306; DIF Water Facilities – Principal / #010-4610- 8206; DIF Water Facilities – Interest / #010-4610-8306; DIF Storm Drain Facilities – Principal / #001-4751-8206; DIF Storm Drain Facilities – Interest / #001-4751-8306 Legal Review: The City Attorney has reviewed and approved as to form the template used to create the proposed preliminary oversize reimbursement agreement.

Alternative Action: 1) Approve with changes - would cause delays in the installation of offsite improvements; 2) Deny - would have financial impacts on the overall cost the project for the developer; or 3) Table - would cause delays in the installation of offsite improvements.

10.5 Landscape Maintenance District 2024-02 for Fulton Estates.

Miller]
Tulare City Council Page 4
Agenda Memo - December 19, 2023
Summary: The Owners and Developers of the approved Fulton Estates tentative subdivision map have petitioned the City to establish an assessment district for their proposed development located at the southwest corner of Tulare Avenue (State Route 137) and Oakmore Street. This assessment district will provide for the following:
• Maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries; • Supplemental maintenance of local streets within the district boundaries; and • Maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries.

A public hearing is required and is requested to be set for January 16, 2024. Adoption of the attached resolution is the initial step in the formation of the assessment district.

This resolution initiates the proceedings for the establishment of the district and sets January 16, 2024, as the date for a public hearing prior to Council’s consideration of finalizing the district formation.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The City Attorney has reviewed the standard deferred improvement agreement template used to create the proposed agreement and has approved it as to form.

Alternative Action: 1) Approve with changes - could delay the proposed development of the Fulton Estates subdivision; 2) Deny - would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the Fulton Estates subdivision.

Additionally, there would be no supplemental maintenance provided for streets within the district boundaries; or 3) Table - could delay the processing and approval of the pending Fulton Estates subdivision final map.

10.6 Tentative Parcel Map 2022-06 Deferred Improvement Agreement.

Recommended Action: Approve a short-term deferred improvement agreement with Susan D. Johnson, Trustee, or successor in the trust under the Fulton Living Trust Dated May 26, 2009, to defer the construction of Tulare Avenue (SR 137) frontage improvements along Parcel 3 of Tentative Parcel Map 2022-06. [M. Miller] Summary: In advance of the Fulton Estates subdivision project, the parcel located on the southwest corner of Tulare Avenue (State Route 137) and Oakmore Street will be divided into four large parcels and a remainder parcel to accommodate phasing of the future subdivision. Phase 1 of the Fulton Estates subdivision will subdivide Parcel 1 into 82 lots, and Phase 2 will subdivide Parcels 2, 3 and 4 into 96 lots. An existing residential building is located on Parcel 3, and will be removed, either with the development of Phase 2 or in advance of it. The conditions of approval for Tentative Parcel Map 2022-06 require the subdivider to either construct frontage improvements along Parcel 3 due to it already being developed with an existing residence, or to enter into a short-term deferred improvement agreement securing future completion of Tulare City Council Page 5
Agenda Memo - December 19, 2023
the improvements. The required frontage improvements include construction of curb, gutter, sidewalk, pave-out and a streetlight along the parcel’s Tulare Avenue frontage.

Susan D. Johnson has requested to enter into a 2-year deferred improvement agreement with the City for said improvements, and is willing to post a bond or equivalent surety to secure their completion.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The City Attorney has reviewed the standard deferred improvement agreement template used to create the proposed agreement and has approved it as to form.

Alternative Action: 1) Approve with changes - could delay the recording of Tentative Parcel Map 2022-06; 2) Deny - would require the developer to construct Tulare Avenue (SR 137) frontage improvements along Parcel 3 frontage prior to recording the Tentative Parcel Map 2022-06; or 3) Table - would delay the recording of Tentative Parcel Map 2022-06.

10.7 Landscape Maintenance District 2024-01 for Wild Oak.

Recommended Action: Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2024-01 for the Wild Oak subdivision, and setting January 16, 2024, as the date for a public hearing regarding the same. [M. Miller] Summary: The Owners and Developers of the approved Wild Oak tentative subdivision map have petitioned the City to establish an assessment district for their proposed development located on the south side of Pleasant Avenue west of Milner Street. This assessment district will provide for the following:
• Maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries; • Supplemental maintenance of local streets within the district boundaries; and • Maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The City Attorney has reviewed the standard deferred improvement agreement template used to create the proposed agreement and has approved it as to form.

Alternative Action: 1) Approve with changes - could delay the proposed development of the Wild Oak subdivision; 2) Deny - would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the Wild Oak subdivision. Additionally, there would be no supplemental maintenance provided for streets within the district Tulare City Council Page 6
Agenda Memo - December 19, 2023
boundaries; or 3) Table - could delay the processing and approval of the pending Wild Oak subdivision final map.

10.8 Willow Glen Subdivision Phase 6 Notice of Completion.

Recommended Action: Accept the required public works improvements for Phase 6 of the Willow Glen subdivision located on the west side of Mooney Boulevard (SR 63) south of Pacific 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]
Summary: On March 21, 2023, City Council conditionally approved the final map for Phase 6 of the Willow Glen subdivision, which created 53 single-family residential lots as shown in the attached exhibit. The Subdivider, Presidio JJR Cypress Park 155, LLC a Delaware Limited Liability Company, by JJR Management Services, Inc., A California Corporation, its Operating Manager, has completed construction of all required public works improvements in accordance with the approved plans and specifications for this subdivision, except for Pacific Avenue and Mooney Boulevard (SR 63) frontage improvements, which have been secured by separate deferred improvement agreements.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: The City’s Notice of Completion template has been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - Not approving the NOC would prevent the issuance of Certificates of Occupancy for homes within Phase 6 of the Willow Glen subdivision, resulting in some home buyers being unable to occupy recently purchased homes; or 3) Table - A delay in the City accepting the improvements would delay some home buyers from occupying recently purchased homes.

10.9 Professional Landscape Maintenance Contractor Service.

Recommended Action: Approve and authorize the City Manager to execute the contracts with Brightview Landscape and Perfect Care Landscape for Professional Landscape Maintenance Contractor Service as follows:
• Route A – BrightView Landscape (Fresno) $ 278,808.00
• Route B – Perfect Care Landscape (Tulare) $ 141,215.28 • Route C – BrightView Landscape (Fresno) $ 183,750.60
• Route D – Perfect Care Landscape (Tulare) $ 237,922.44 • Route E – Perfect Care Landscape (Tulare) $ 60,920.16 • Route F – Perfect Care Landscape (Tulare) $ 43,662.36 [J. Glick] Summary: The City’s current landscape maintenance agreements have expired. The Community Services Department advertised a Request for Proposals (RFP) for Professional Landscape Maintenance Contractor Services on October 3, 2023, and October 10, 2023.

Tulare City Council Page 7
Agenda Memo - December 19, 2023
An RFP process was utilized to ensure that the proposals were evaluated in a manner that would elicit the most qualified firms to provide the highest level of professional landscape maintenance contractor services for the City’s landscape and lighting districts, facilities, and streetscapes. On November 9, 2023, the Community Services Department received 12 proposals from two commercial landscape maintenance contractors for the six routes (A through F).

ROUTE PERFECT CARE LANDSCAPE BRIGHTVIEW LANDSCAPE
ROUTE A $439,964.16 $278,808.00
ROUTE B $141,215.28 $148,017.72
ROUTE C $239,552.88 $183,750.60
ROUTE D $237,922.44 $238,158.39
ROUTE E $60,920.16 $79,942.92
ROUTE F $43,662.36 $46,416.24
The twelve proposals were evaluated based on criteria established in the RFP, consisting of qualification of firm, staffing and project organization, work plan, completeness of response, cost; and reviewed independently by an award committee.

Based on the award committee’s review, the following two firms were ranked the highest and are recommended to provide the highest quality of professional landscape maintenance contractor services to various City Landscape and Lighting Districts, Facilities, and Streetscapes as follows:
• Route A – BrightView Landscape (Fresno) $ 278,808.00
• Route B – Perfect Care Landscape (Tulare) $ 141,215.28 • Route C – BrightView Landscape (Fresno) $ 183,750.60
• Route D – Perfect Care Landscape (Tulare) $ 237,922.44 • Route E – Perfect Care Landscape (Tulare) $ 60,920.16 • Route F – Perfect Care Landscape (Tulare) $ 43,662.36 The above companies have worked for the City of Tulare and other municipal agencies and have come highly recommended by both past and current clients. All of the above project costs are within budget. The contracts are for an initial two-year term, renewable for up to three additional one-year terms.

Fiscal Impact & Funding Source(s):

ROUTE DISTRICT NAME ACCOUNT NUMBER
A Del Lago & Tesori 050-5006-2018
Academy Estates 050-5010-2018
The Greens and KCOK Ranch 050-5015-2018
Willow Glen and Kensington Estates 050-5021-2018
The Greens & Oak Creek 050-5022-2018
Farrar Estates 050-5023-2018
B Southgate Villa 050-5003-2018
Sunrise Estates 050-5005-2018
Autumn Glen 050-5007-2018
Shadow Wood & Majestic 050-5009-2018
Tulare City Council Page 8
Agenda Memo - December 19, 2023
Kaweah Estates 050-5009-2018
Palm Ranch, Woodbridge, & Cambridge 050-5011-2018
California Ranchos & Cottonwood Estates 050-5017-2018
Goble Court 050-5018-2018
Sierra Vista 050-5020-2018
Fernjo Estates 050-5026-2018
C North Oak Estates 050-5001-2018
The Grove 050-5002-2018
Westwood Village Estates 050-5004-2018
Admiral Estates, Gail Estates, & Heritage North 050-5012-2018 Valley Estates, Montecito, & Sherwood 050-5013-2018
West Gate Estates 050-5016-2018
Oakcrest 050-5024-2018
Liberty Hill 050-5025-2018
Various City Owned Landscape Areas 001-4410-2018
Various Downtown District Areas 018-4350-2018
Greyhound Bus Terminal 009-4132-2018
D Parks, Sports Field, and Ponding Basin Mow
Route
001-4410-2018
E City Street Median Landscape 001-4410-2018
Academy Estates (Median Improvements) 050-5010-2018
F Various City Owned Landscape Areas 001-4410-2018
Downtown District Parking Lots 018-4350-2018
Legal Review: The contracts have been reviewed by the City Attorney.

Alternative Action: 1) Approve with changes - Modify the contracts and direct staff to implement the document inclusive of the revisions; 2) Deny - Do not move forward with approving the landscape and maintenance agreements; or 3) Table - Direct staff to research additional contractors, which would delay the maintenance work on the landscape and maintenance districts for City of Tulare.

10.10 Investments Report.

Recommended Action: Accept the monthly investments report for October 2023. [M.

Gaboardi]
Summary: The investments report for October 2023 is submitted for Council review and acceptance.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

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

Tulare City Council Page 9
Agenda Memo - December 19, 2023

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: 8:00-9:30 p.m.]

11.1 Board, Commission, and Committee Appointments.

Hermann]
Summary: The City has eight boards, commissions, and committees with members appointed by City Council. Below is a list of seats with terms expiring on December 31, 2023. Staff has also included a summary of each appointment process. Action must be taken on all seats that have terms expiring (reappoint current members or appoint new members using applications received).

At the December 5 meeting, Council inquired about the age requirements for persons serving on a Council-appointed board, commission, or committee. The City’s municipal code addresses this specifically for the Parks and Recreation Commission, setting the minimum age at 18. The City’s charter is silent on this issue as well as the policy documents (Council Handbook and Board/Commission/Committee Handbook).

Although those documents are silent, California Government Code section 1020(b) does set the minimum age at 18 to be eligible to hold an appointive civil office.

Aviation Committee
The Aviation Committee is a five-member committee established by the City Council pursuant to Minute Action on July 6, 1971, and is responsible for making recommendations to the Council and staff in all areas related to City airport use, improvements, and development. The membership is made up of the following: one Planning Commissioner (appointed by the Planning Commission), one airport lease holder, and three additional members. All members, with the exception of the Planning Commissioner, are appointed by the mayor and confirmed by the majority of the Council. There are three seats with terms expiring on December 31. Of the three, Cris Colson and Robert Smith have applied to be considered for reappointment.

Name Appointed By Type Initial
Appointment
Most Recent
Appointment
Application
Received
Cris Colson Mayor General 3/1/2022 3/1/2022 Yes
Robert Smith Mayor General 12/1/2015 1/7/2020 Yes
Ryan Wilson Mayor General 1/7/2020 1/7/2020 No
Board of Public Utilities
The Board of Public Utilities Commissioners (BPU) is a five-member board established by the City Charter and is charged with the responsibility of regulating and managing the utility divisions of the City which includes Solid Waste, Water, Sewer, and Wastewater. Pursuant to Section 52 of the City Charter, all members are appointed by the mayor and confirmed by the City Council. There are three seats with terms expiring on December 31. Of the three, Renee Soto and Tony Sozinho have Tulare City Council Page 10
Agenda Memo - December 19, 2023
applied to be considered for reappointment. Tom Griesbach advised staff he is not seeking reappointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Renee Soto Mayor 6/18/2019 6/18/2019 Yes
Thomas Griesbach Mayor 4/18/2017 10/22/2019 No
Tony Sozinho Mayor 1/19/2021 1/19/2021 Yes
Committee on Aging
The Committee on Aging is a five-member committee established by the City Council in 1972 and is responsible for advising the Community Services Department on matters of senior citizen interest including such areas as recreation, social, and nutritional services. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council.

There are two seats with terms expiring on December 31. Both Pam Malloy and Ralph Cantu have applied to be considered for reappointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Pam Malloy Council Seat 1 11/5/2019 11/5/2019 Yes
Ralph Cantu Council Seat 2 10/4/2022 10/4/2022 Yes
Measure I Citizen Oversight Committee
The Measure I Citizen Oversight Committee is a five-member committee established pursuant to ballot language (Resolution 05-5261) and by guidelines approved on May 16, 2017. The Committee meets twice annually, once to be briefed on the annual budget (mid-year) and again to review the Annual Audit Report, specific to Measure I.

Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. There are two seats with terms expiring on December 31. Neither member has applied to be considered for reappointment. Staff reached out to the members via email and telephone multiple times with no response. The one meeting held in September was attended by all members except for the two members whose seats are up for appointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Dawn “Michelle” Rowsey Council Seat 2 11/5/2019 11/5/2019 No Crystal Boling Council Seat 4 2/15/2022 2/15/2022 No
Parks and Recreation Commission
The Parks and Recreation Commission is a seven-member commission established by City Ordinance and acts on matters of recreational importance to all segments of the community, including recreational programs, facilities, and park development. The Commission also advises staff and Council on street trees to be removed or planted, standards for landscape enhancement, and tree preservation policy. Members are Tulare City Council Page 11
Agenda Memo - December 19, 2023
appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. The two remaining members are appointed at large by the City Council as a whole. There are four seats with terms expiring on December 31. Applications were received from all four members expressing interest in continuing to serve on the Commission.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Lori Fishbough Council Seat 1 12/1/2015 12/17/2019 Yes
W. Eric Farrenkopf Council Seat 2 12/1/2015 12/17/2019 Yes Nicholas Sherwood Council Seat 3 12/1/2015 12/17/2019 Yes Armando Da Silva Council Seat 4 12/1/2015 12/17/2019 Yes Planning Commission
The Parks and Recreation Commission is a seven-member commission established by City Ordinance and acts on matters of recreational importance to all segments of the community, including recreational programs, facilities, and park development. The Commission also advises staff and Council on street trees to be removed or planted, standards for landscape enhancement, and tree preservation policy. Members are appointed by the City Council with each Council seat afforded an appointment which is then confirmed by the majority of the Council. The two remaining members are appointed at large by the City Council as a whole. There are four seats with terms expiring on December 31. Applications were received from Charles Miguel and Sandra Miller expressing interest in continuing to serve on the Commission. Chad Petersen advised he is not seeking reappointment.

Name Appointed By Initial
Appointment
Most Recent
Appointment
Application
Received
Chad Petersen Council Seat 2 1/11/2022 1/11/2022 No
Sandra Miller Council Seat 4 12/1/2015 12/17/2019 Yes
Charles Miguel Council Seat 5 12/1/2015 12/17/2019 Yes
All applications received from those interested in serving who confirmed they would still like to be considered are attached for Council review and consideration. All applicants live within the city limits. Applicants have been invited to the meeting to answer any questions the Council may have. Council may elect to make appointments at this meeting for terms that would be effective beginning January 1, 2024, or defer appointment at a future date understanding issues with quorums may arise at future meetings if appointment does not occur prior to December 31, 2023.

Fiscal Impact & Funding Source(s): There is no fiscal impact associated with this action.

Legal Review: This item does not require legal review.

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

Tulare City Council Page 12
Agenda Memo - December 19, 2023

11.2 Establishment of Historic Preservation Committee.

Recommended Action: Authorize the Community Development Director to prepare the Historic Resource Designation application form and begin taking designation application requests, or alternate direction to staff related to the City of Tulare’s existing Historic Preservation Ordinance (TMC 10.96). [M. Anaya] Summary: At a regularly scheduled City Council meeting on December 5, 2023, City Council unanimously voted to place this item on the City Council meeting agenda for this next meeting, held December 19, 2023. Property owners, particularly in the city’s downtown have expressed interest in creating a local register of historic resources to be able to access some of the benefits that could assist them in restoring the buildings to active use. Staff is presenting information regarding the City’s existing Historic Preservation Ordinance and procedures set forth, as approved by prior City Council adoption of the ordinance, as well as staff input on potential next steps.

On December 18, 2007, the Tulare City Council passed Ordinance 07-28, establishing Chapter 10.96 Historic Preservation (Historic Preservation Ordinance) in the City of Tulare Municipal Code. The existing Historic Preservation Ordinance authorizes the Planning Commission to oversee and administer the provisions of the ordinance. The Community Development Director serves as the Secretary to the Planning Commission (Secretary) already, and would also do so for Historic Preservation, as authorized by the current Ordinance. Final approval of any historic resource or historic district designations rests with the City Council once the application has been processed by staff and presented to the Planning Commission.

While the Historic Preservation Ordinance is complete, well-written, and clear to begin implementation, there has yet to be a formal Local Register of Historic Resources that have been designated, which would be the next step in implementing the ordinance.

Tulare has one resource already listed on the National Register of Historic Places (NRHP), the Tulare Union High School Auditorium and Administration Building. There are two resources listed on the California Register of Historical Resources (CRHR), the Tulare Water Tower, and the Tulare Assembly Center (temporary detention camp for Japanese Americans during WWII). Those are the only officially designated resources, at federal and state levels, however there are several properties and resources in the City that have historical ties and have been evaluated or written about over the years, including in the city’s Historic Resource Survey (last updated 2005).

The existing Historic Preservation Ordinance allows the Secretary to accept requests for designation of local landmarks and historical resources. These requests for designation may be initiated by Council, the Planning Commission, the Secretary, the property owner, or an authorized representative of the property owner. Requests for designation are to include the information detailed in section 10.96.060(A)(1 through 8) of the Historic Preservation Ordinance.

If Council so desires, staff can begin preparing an application form, and accompanying fee for any requests for designations that may be presented, and work Tulare City Council Page 13
Agenda Memo - December 19, 2023
to schedule trainings for staff and Planning Commission, as well as City Council, if desired, on Historic Preservation.

From staff’s perspective there are several potential benefits that could result from an active historic preservation program at the city, such as the following:
• Preserve the City of Tulare’s historical, architectural, and cultural heritage • Historic preservation has been studied and shown to better retain (stabilize) and enhance (increase) property values (no data showing it negatively affects values)
• Economic incentives in participating jurisdictions (Mills Act, revolving loan & grant programs, Historic Places grants)
• Potential economic development benefits of adaptive reuse historic properties in downtown
• Building code incentives (CA Historical Building Code…performance based vs prescriptive)
• Zoning code bonuses to allow adaptive reuse (parking exemptions) • Historic tax credit programs (federal & state programs exist), seem to range from a 25-85% tax savings, with many in the 60-65% range.

It should be noted that staff would also be working to provide more information for property owners and residents who may have concerns about what it means for a property or resource to be designated. Some things to keep in mind are the following:
• There is specific criteria and a process to follow for a resource to qualify for designation, including public hearings and final decision being City Council’s. • If a resource is designated as historic it does not mean “no changes” can be made, it simply means changes are to be compatible with why the resource is deemed historic (example, exterior architectural style would not limit renovations and improvements to the interior of a building). • Historical resources can be designated individually, where a historic district has a higher threshold to qualify, requires multiple contributing resources, and integrity of these resources.

Fiscal Impact & Funding Source(s): Anticipated nominal increased revenue for historic resource designation application fees paid by private property applicants, captured with Planning Division revenues in the Development Services General Ledger. Anticipated revenue would depend on the level of interest and applications submitted by property owners.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes: Approval to proceed with implementation of Historic Preservation Ordinance, with addition of changes requested by Council, including requested revisions to the existing Historic Preservation Ordinance (TMC 10.96); 2) Deny: In denying implementation of the Historic Preservation Ordinance, staff would not accept applications for designation of historic resources and the city would not carry out General Plan policies and goals related to historic preservation; or 3) Table: Table the item to a future date as determined by Council.

Tulare City Council Page 14
Agenda Memo - December 19, 2023

11.3 Lease Agreement for the Alpine Vista Property.

Recommended Action: Approve and authorize the City Manager to execute a lease agreement with the Tulare City School District for the Alpine Vista Property. [J. Glick] Summary: As part of the Alpine Vista development (Cambridge Homes), the City of Tulare acquired a nearly six-acre property now located to the immediate west of Alpine Vista Middle School. The City’s intent at the time was to eventually develop the property for recreational uses. In the original Cambridge Homes Resolution document, there is discussion of a park but there are no specific approvals to create a park. In addition, the document doesn’t seem to describe or qualify what the park is supposed to be or how or why it was conveyed. The difficulty associated with this is that, until very recently with the passage of the Quimby Ordinance, the City had very few income sources to finance the construction, maintenance, and operation of a park on the site. Due to this funding shortfall, City staff has spent considerable time and energy researching alternative options for development.

After a review by the City Attorney’s Office, it was determined that if the property is not used for its original purpose (City believes it was intended to be a park), it must be reconvened to the sub-divider or successor agency in interest if not used for the public purpose originally dedicated (Govt Code §66477.5(c)). However, an alternative option to selling or the City developing the property is that the City can create a long-term lease agreement with a third-party to operate the property for recreational uses.

The Community Services Department staff meets regularly with the Tulare City School District (“District”) staff to discuss BEST Clubs. During a meeting last spring, the Alpine Vista Property was mentioned. After initial discussions, staff began meeting with the District more frequently on the possibility of the District developing and maintaining the Alpine Vista Property. The District is interested in more green space for Alpine Vista School. Ultimately, both parties came to an agreement and together drafted a lease agreement to create a park at the Alpine Vista Property location.

The highlights of the lease agreement are as follows:
• The City would lease the Alpine Property to the District for $1 a year for 99 years.
• The Lessee will develop, construct, interconnect, operate, maintain, repair, and upgrade outdoor recreational facilities and ingress, egress, and other access to the property 24 hours per day, 365 days per year.
• Within four years, the Lessee will begin to convert the land to turf creating sports fields, sports courts, and a community center.
• The property may be fenced, but the property will be made available for public use during non-school hours, weekends as well as summer, winter, and spring breaks.
• Within two years, the City would install curb and gutter to the property. In addition, the owner shall retain a 55-foot-long by 22-foot-wide roadway access Tulare City Council Page 15
Agenda Memo - December 19, 2023
easement connecting to the north gate of the water tank located near the southeast corner of the subject property for turnaround space for vehicles to maintain the water tank.

City staff has discussed a few alternative options for the property as follows:
• Option 1: Lease the property for $1 per year to the Tulare City School District so that they may improve the property to include sport fields and or sports courts which could also be available for public use (recommended option). • Option 2: Lease the property for $1 per year to the to the Tulare Joint Union High School District so that they may improve the property to include sport fields which could also be available for public use.
• Option 3: City to retain control of the property and develop a playground or pickleball courts for public use.

City staff feels that the best option and recommendation is the attached agreement because it provides the best public access at the most reasonable cost to the City in terms of capital improvements, maintenance, and liability.

Fiscal Impact & Funding Source(s): The City will be responsible to install curb and gutter which is estimated to be around $375,000.00.

Legal Review: The City Attorney has reviewed the lease agreement.

Alternative Action: 1) Approve with changes - Modify the lease agreement and direct staff to implement the document inclusive of the revisions; 2) Deny - Do not move forward with approving the lease agreement and cease to support lessee the property to the Tulare City School District; or 3) Table - Direct staff to research additional material associated with the Alpine Property and return with the results, which would delay the execution of the agreement and improvements to the property.

12. FUTURE AGENDA ITEMS [Time Estimate: 9:30-9:35 p.m.]

12.1 Place the National Motto “In God We Trust” on Wall in Chamber.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]

13. STAFF UPDATES [Time Estimate: 9:35-9:40 p.m.]

14. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, January 16, 2024, 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, December 5, 2023
6:15 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 U. Zamora; Chief Deputy City Clerk Melissa Hermann; Assistant City Manager Josh McDonnell; Assistant Finance Director Melanie Gaboardi; 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; Human Resources Director Shonna Oneal; Community Development Director Mario
Anaya; Executive Director of Economic Development and
Redevelopment Traci Myers; 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 to order the special meeting of the Tulare City Council at 6:17 p.m. in the Council Chamber located at 491 North M Street.

Mayor Sayre advised that Councilmember Sigala was attending the meeting via Zoom due to a medical necessity.

2. PUBLIC COMMENTS
There were no public comments.

3. BOARD, COMMISSION, AND COMMITTEE APPOINTMENTS
Recommended Action: Review applications, interview applicants, and appoint members to City boards, commissions, and committees to serve from January 1, 2024 through December 31, 2028.

Presented By: Chief Deputy City Clerk Melissa Hermann
Council Action: The following individuals interested in serving on a board, commission, or committee provided comments for Council consideration: Nick Sherwood, Lori Fishbough, Armando Da Silva, Celeste Galeno, and Jonathon Porter. A letter submitted by Eric Farrenkopf expressing his desire to continue serving was read by Mayor Sayre.

It was moved by Mayor Sayre, seconded by Vice Mayor Isherwood, and unanimously carried to table appointments to the December 19 meeting.

Item #: 10.2
Consent
City Council Meeting Minutes December 5, 2023
City of Tulare Page 2

4. ADJOURN SPECIAL MEETING
The special meeting was adjourned at 6:43 p.m.

5. CALL TO ORDER REGULAR MEETING
Mayor Sayre called the regular meeting of the City Council to order at 7:05 p.m. in the Council Chamber located at 491 North M Street.

6. PLEDGE OF ALLEGIANCE AND INVOCATION
City Manager Marc Mondell led the Pledge of Allegiance and provided an invocation.

7. PUBLIC COMMENTS
The following provided public comment: Jocelyn Limas on the Future Agenda Item regarding the possibility of forming a historic preservation committee; Shawna Chavez regarding concerns related to the temporary homeless encampment; and Donnette Silva-Carter with the Leadership Tulare class regarding their program as well as providing Chamber updates.

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
Items 10.6 and 10.7 were removed from the Consent Calendar by Council.

It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and unanimously carried to approve the items on the Consent Calendar as presented except for items 10.6 and 10.7.

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 November 21, 2023.

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

10.3 Receipt of County of Tulare American Rescue Plan Act Allocation.

Recommended Action: Approve receipt of $500,000 in County of Tulare American Rescue Plan Act (ARPA) funds for acquisition of materials (mattresses, cubicles, tables, chairs, etc.) associated with the construction of the Tulare Emergency Shelter and direct the City Manager or designee to execute the associated County of Tulare Health & Human Services Agency Services Agreement. [J. McDonnell]
City Council Meeting Minutes December 5, 2023
City of Tulare Page 3

10.4 Airport Rental Rate Changes.

Recommended Action: Authorize changes in the Airport T-Hangar, Port-aHangar, Extended Hangar, and Business Hangar rental rates. [M. Correa]

10.5 Mooney Boulevard Street Right-of-Way and Public Utility Easement.

Recommended Action: Accept a Grant Deed for dedication of street right of way and public utility purposes, and a Grant of Easement for public utilities purposes from Gussan Shedid, Trustee of the Gussan Shedid Trust of 2018, as to an undivided 33.334% interest; Joseph Feghali, a Married Man, as to an undivided 33.333% interest and Maroun Feghali, a Married Man, as to an undivided 33.333% interest, for street dedication and public utilities located along the frontage of Mooney Boulevard; and authorize the City Manager or his designee to sign the Certificates of Acceptance for the same. [M. Miller]

10.8 Oakcrest Subdivision Phase 1 Notice of Completion.

Recommended Action: Accept the required public works improvements for Oakcrest Phase 1 subdivision located on the north side of Tulare Avenue ½-mile west of West Street 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]

10.9 Right of Way Dedication and Public Utility Easement Dedication for Industrial Avenue and Industrial Place (SP22-013).

Recommended Action: Accept a public utility easement and grant deed associated with the Industrial Avenue Shell Buildings development project (Site Plan Review No. SP22-013) and authorize the City Manager or his designee to sign Certificates of Acceptance for same. [M. Miller]

PULLED CONSENT CALENDAR ITEMS

10.6 Panda Express Notice of Completion.

Recommended Action: Accept as complete the required public works improvements for Panda Express, a commercial development located at the northeast corner of Bardsley Avenue and Blackstone Street; 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] Council Action: This item was pulled by Councilmember Sigala to receive an update regarding the median that was installed. It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

10.7 Magic Wave Car Wash, LLC. Development Impact Fee Deferral Request.

Recommended Action: Adopt a resolution granting the deferral of development impact fees as requested by Magic Wave Car Wash, LLC. (Property Owner), located at 1012 South ‘Q’ Place, Tulare CA 93274, in the sum of $40,641.00. [M.

Anaya]
Council Action: This item was pulled by Councilmember Mederos to have Council verbally make the findings associated with this request. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the findings as verbally stated. It was further City Council Meeting Minutes December 5, 2023
City of Tulare Page 4
moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to adopt a resolution granting the deferral of development impact fees as requested by Magic Wave Car Wash, LLC. (Property Owner), located at 1012 South ‘Q’ Place, Tulare CA 93274, in the sum of $40,641.00.

11. PUBLIC HEARINGS

11.1 Chandler Grove Master Plan and Annexation Project.

Recommended Action: Adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2020-01 (East Tulare No. 36 – Chandler Grove) and detachment of the property from County Service Area No. 1; adopt a resolution approving General Plan Amendment No. 2022-04 to implement the City’s adopted COS North Transit Oriented Development Plan and establish land use designations for areas of the project site as Low Density Residential, Medium Density Residential, High Density Residential, Neighborhood Commercial, Public / Quasi Public and Parks and Recreation; pass to print an ordinance approving Zone Amendment No. 743, pre-zoning the subject property to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area), (RM-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), RM-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands) zoning designations; and adopt a resolution certifying the Final Environmental Impact Report with appropriate Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program prepared for the Chandler Grove Master Plan and Annexation Project.

Presented By: Principal Planner Steven Sopp
Public Comment: The public hearing was opened at 7:39 p.m. Receiving no public comment, the public hearing was closed at 7:39 p.m.

Council Action: It was moved by Councilmember Mederos and seconded by Councilmember Harrell to adopt a resolution requesting the Tulare County Local Agency Formation Commission take proceedings for annexation No. 2020-01 (East Tulare No. 36 – Chandler Grove) and detachment of the property from County Service Area No. 1. Mayor Sayre called for a roll call vote.

AYES: Councilmember Mederos, Councilmember Harrell,
Councilmember Sigala, Vice Mayor Isherwood, Mayor Sayre NOES: None
MOTION PASSED 5 to 0
It was moved by Councilmember Mederos and seconded by Councilmember Harrell to adopt a resolution approving General Plan Amendment No. 2022-04 to implement the City’s adopted COS North Transit Oriented Development Plan and establish land use designations for areas of the project site as Low Density Residential, Medium Density Residential, High Density Residential, Neighborhood Commercial, Public / Quasi Public and Parks and Recreation.

Mayor Sayre called for a roll call vote.

AYES: Councilmember Mederos, Councilmember Harrell,
Councilmember Sigala, Vice Mayor Isherwood, Mayor Sayre NOES: None
MOTION PASSED 5 to 0
City Council Meeting Minutes December 5, 2023
City of Tulare Page 5
It was moved by Councilmember Mederos and seconded by Councilmember Harrell to pass to print an ordinance approving Zone Amendment No. 743, prezoning the subject property to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area), (RM-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), RM-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands) zoning designations. Mayor Sayre called for a roll call vote.

AYES: Councilmember Mederos, Councilmember Harrell,
Councilmember Sigala, Vice Mayor Isherwood, Mayor Sayre NOES: None
MOTION PASSED 5 to 0
It was moved by Councilmember Mederos and seconded by Councilmember Harrell to adopt a resolution certifying the Final Environmental Impact Report with appropriate Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program prepared for the Chandler Grove Master Plan and Annexation Project. Mayor Sayre called for a roll call vote.

AYES: Councilmember Mederos, Councilmember Harrell,
Councilmember Sigala, Vice Mayor Isherwood, Mayor Sayre NOES: None
MOTION PASSED 5 to 0

12. GENERAL BUSINESS

12.1 Conditional Acceptance of Revised Tentative Parcel Map No. 2022-06 for the Fulton Estates Development.

Recommended Action: Conditionally approve revised tentative parcel map No. 2022-06 for the Fulton Estates development project, accept all easements offered thereon to the City, and conditionally reject, until later accepted by a separate resolution of the City Council, irrevocable offers of dedication to the City for Oakmore Street (Road 124) and Tulare Avenue (S.R. 137), subject to receipt of the signed parcel map, all fees, and other required items prior to February 3, 2024.

Presented By: City Engineer Michael Miller
Public Comment: There were no public comments; however, Darlene Mata, representing the developer, Quest Equity, LLC, answered questions posed by Council.

Council Action: It was moved by Councilmember Mederos, and seconded by Vice Mayor Isherwood to conditionally approve revised tentative parcel map No. 2022-06 for the Fulton Estates development project, accept all easements offered thereon to the City, and conditionally reject, until later accepted by a separate resolution of the City Council, irrevocable offers of dedication to the City for Oakmore Street (Road 124) and Tulare Avenue (S.R. 137), subject to receipt of the signed parcel map, all fees, and other required items prior to February 3, 2024, and also subject to a complete indemnity agreement as approved by the City Attorney, subdivider, and developer totally indemnifying the City of the irrevocable offer that will include all costs and every risk that may befall the City that will be signed not only by the subdivider and the developer, but the principals City Council Meeting Minutes December 5, 2023
City of Tulare Page 6
of the companies that are involved to the satisfaction of the City Attorney. Mayor Sayre called for a roll call vote.

AYES: Councilmember Mederos, Vice Mayor Isherwood, Mayor Sayre
NOES: Councilmember Harrell, Councilmember Sigala
MOTION PASSED 3 to 2

13. CONVENE JOINTLY AS TULARE CITY COUNCIL AND TULARE CITY COUNCIL

ACTING AS THE SUCCESSOR AGENCY TO THE TULARE REDEVELOPMENT AGENCY

13.1 Annual ROPS and Administrative Budget.

Recommended Action: Adopt a resolution approving and adopting the recognized obligation payment schedule for the July 1, 2024 through June 30, 2025 period and the Fiscal Year 2024-25 Administrative Budget.

Presented By: Assistant Finance Director Melanie Gaboardi Public Comment: None
Successor Agency Action: It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the item as presented.

14. ADJOURN AS TULARE CITY COUNCIL ACTING AS THE SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY AND REMAIN SEATED AS THE TULARE

CITY COUNCIL

15. FUTURE AGENDA ITEMS

15.1 Formation of Historic Preservation Committee.

Recommended Action: Review and provide direction to either add to a future agenda or not. [Councilmember Harrell]
Council Action: It was the consensus of Council to have staff add this item to a future agenda.

16. STAFF UPDATES
Staff provided updates on department activities.

17. ADJOURN REGULAR MEETING
The regular meeting was adjourned at 8:38 p.m.

Approved by Council: December 19, 2023

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: December 19, 2023
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Second Reading and Adoption of Ordinance 2023-09

RECOMMENDED ACTION
Adopt Ordinance 2023-09 approving Zone Amendment No. 743 pre-zoning approximately 863- acres of property to R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area), R-M-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands) zone district to become effective upon annexation into the City limits and is generally located on the northeast corner of Bardsley Avenue and Oakmore Street.

SUMMARY
At the December 5, 2023 meeting, Council passed-to-print an ordinance to approve a zone amendment as part of the Chandler Grove Master Plan and Annexation Project. The area proposed for annexation is currently subject to the County’s zoning requirements and is zoned AE-40 (Agricultural Exclusive, 40-acre minimum parcel size). The applicant is proposing to prezone the project site to the City’s zoning to become effective upon annexation into the City limits of the City of Tulare. Proposed zoning designations of the project site are C-3 (Retail Commercial), R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area), R-M-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands). The proposed Zone Amendment is consistent with the goals and objectives of the City’s General Plan, including the proposed General Plan Amendment associated with the project and the COS North Transit Oriented Development Plan.

FISCAL IMPACT & FUNDING SOURCE(S)
Not applicable.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Ordinance
Reviewed/Approved:

Item #: 10.3
Consent
ORDINANCE 2023-09

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF SECTION 10.04.04 OF SAID CODE ZONE AMENDMENT NO. 743
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the Council of the City of Tulare finds that an Environmental Impact Report has been prepared in accordance with the California Environmental Quality Act.

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

SECTION 1. The Zoning Map of the City of Tulare as referred to in Section

10.24.05 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.04.04; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:

PRE-ZONING approximately 863-acres of property to the following zoning designations in order to implement the City of Tulare adopted COS North Transit Oriented Development Plan and the General Plan: R-1-5 (Single Family Residential, 5,000 sq. ft. minimum lot area), R-M-2 (Multiple-family Residential, 3,000 sq. ft. minimum per unit), R-M-4 (Multiple-family Residential, 1,500 sq. ft. minimum per unit), and PL (Public Lands) zone district to become effective upon annexation into the City limits and is generally located on the northeast corner of Bardsley Avenue and Oakmore Street as set forth more specifically on said map.

SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

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

ORDINANCE 2023-09

Page 2 ends

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare on the 19th day of December 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: December 19, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Cartmill Commons Preliminary Oversize Agreement

RECOMMENDED ACTION
Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with UG2 Tulare CA, LP, a Delaware Limited Partnership for construction costs associated with the Cartmill Commons commercial development 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 Cartmill Commons commercial development located at the southwest corner of Cartmill Avenue and Akers Street (a.k.a. Gem Street), UG2 Tulare CA, LP (Developer) is required to construct arterial street improvements and install master plan water and storm drainage improvements in Akers Street across the project’s frontage. Costs associated with the supplemental size and capacity provided by the required improvements are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

FISCAL IMPACT & FUNDING SOURCE(S)
The following funding sources will be impacted:

DIF Transportation Facilities – Principal / #001-4320-8206 DIF Transportation Facilities – Interest / #001-4320-8306 DIF Water Facilities – Principal / #010-4610-8206
DIF Water Facilities – Interest / #010-4610-8306
DIF Storm Drain Facilities – Principal / #001-4751-8206 DIF Storm Drain Facilities – Interest / #001-4751-8306

LEGAL REVIEW
The City Attorney has reviewed and approved as to form the template used to create the proposed preliminary oversize reimbursement agreement.

ALTERNATIVE ACTION

1. Approve with changes would cause delays in the installation of offsite improvements.

2. Denying the agreement would have financial impacts on the overall cost the project for the developer.

3. Tabling the agreement would cause delays in the installation of offsite improvements.

Item #: 10.4
Consent

ATTACHMENTS

1. Cartmill Commons Preliminary Oversized Reimbursement Agreement Reviewed/Approved:

Staff Report
Meeting: City Council
Date: December 19, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Landscape Maintenance District 2024-02 for Fulton Estates

RECOMMENDED ACTION
Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2024-02 for the Fulton Estates subdivision, and setting January 16, 2024, as the date for a public hearing regarding the same.

SUMMARY
The Owners and Developers of the approved Fulton Estates tentative subdivision map have petitioned the City to establish an assessment district for their proposed development located at the southwest corner of Tulare Avenue (State Route 137) and Oakmore Street. This assessment district will provide for the following:
• Maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries; • Supplemental maintenance of local streets within the district boundaries; and • Maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries.

A public hearing is required and is requested to be set for January 16, 2024. Adoption of the attached resolution is the initial step in the formation of the assessment district. This resolution initiates the proceedings for the establishment of the district and sets January 16, 2024, as the date for a public hearing prior to Council’s consideration of finalizing the district formation.

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

LEGAL REVIEW
The City Attorney has reviewed the standard deferred improvement agreement template used to create the proposed agreement, and has approved it as to form.

ALTERNATIVE ACTION

1. Approval with changes could delay the proposed development of the Fulton Estates subdivision.

2. Denial would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the Fulton Estates subdivision. Additionally, there would be no supplemental maintenance provided for streets within the district boundaries.

3. Tabling the item could delay the processing and approval of the pending Fulton Estates subdivision final map.

Item #: 10.5
Consent

ATTACHMENTS

1. Resolution

2. Exhibit A – LMD 2024-02 Assessment Diagram

3. Exhibit B – LMD 2024-02 Fulton Estates Phasing & Lot Exhibit

4. Exhibit C – LMD 2024-02 Street Map

5. Exhibit D – LMD 2024-02 Landscaping and Park Common Lot Map Reviewed/Approved:

RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
INITIATING PROCEEDINGS FOR ASSESSMENT DISTRICT 2024-02 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The City Council proposes to form an assessment district pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highway Codes) for the following improvements:
2024-02: maintenance of landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common lot areas, maintenance of local streets, and maintenance of neighborhood park and appurtenances serving the area within the district boundaries.

Section 2. The proposed district shall be designated Assessment District 2024-02 and shall include the land shown on the map designated, “Assessment Diagram”, as attached.

Section 3. The City Engineer of the City of Tulare is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the City Engineer to prepare and file with the City Clerk a report in accordance with Article 4, Chapter 1 of the Landscaping and Lighting Act of 1972.

Section 4. On January 16, 2024, at the hour of 7:00 p.m., or shortly thereafter, the City Council will conduct a public hearing to receive testimony regarding the establishment of Assessment District 2024-02 and subsequent assessment of fees.

The hearing will be held at the meeting place of the City Council located at the Tulare Public Library and Council Chamber, 491 North M Street, Tulare, California.

Section 5. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

PASSED, APPROVED, AND ADOPTED on this 19th day of December 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

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

Staff Report
Meeting: City Council
Date: December 19, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Tentative Parcel Map 2022-06 Deferred Improvement Agreement

RECOMMENDED ACTION
Approve a short-term deferred improvement agreement with Susan D. Johnson, Trustee, or successor in the trust under the Fulton Living Trust Dated May 26, 2009, to defer the construction of Tulare Avenue (SR 137) frontage improvements along Parcel 3 of Tentative Parcel Map 2022-06.

SUMMARY
In advance of the Fulton Estates subdivision project, the parcel located on the southwest corner of Tulare Avenue (State Route 137) and Oakmore Street will be divided into four large parcels and a remainder parcel to accommodate phasing of the future subdivision. Phase 1 of the Fulton Estates subdivision will subdivide Parcel 1 into 82 lots, and Phase 2 will subdivide Parcels 2, 3 and 4 into 96 lots. An existing residential building is located on Parcel 3, and will be removed, either with the development of Phase 2 or in advance of it. The conditions of approval for Tentative Parcel Map 2022-06 require the subdivider to either construct frontage improvements along Parcel 3 due to it already being developed with an existing residence, or to enter into a short-term deferred improvement agreement securing future completion of the improvements. The required frontage improvements include construction of curb, gutter, sidewalk, pave-out and a streetlight along the parcel’s Tulare Avenue frontage. Susan D.

Johnson has requested to enter into a 2-year deferred improvement agreement with the City for said improvements, and is willing to post a bond or equivalent surety to secure their completion.

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

LEGAL REVIEW
The City Attorney has reviewed the standard deferred improvement agreement template used to create the proposed agreement and has approved it as to form.

ALTERNATIVE ACTION

1. Approval with changes could delay the recording of Tentative Parcel Map 2022-06.

2. Denial of the deferred improvement agreement would require the developer to construct Tulare Avenue (SR 137) frontage improvements along Parcel 3 frontage prior to recording the Tentative Parcel Map 2022-06.

3. Tabling the item would delay the recording of Tentative Parcel Map 2022-06.

ATTACHMENTS

1. Tentative Parcel Map 2022-06 Deferred Improvement Agreement

2. Tentative Parcel Map 2022-06 Exhibit

3. Tulare Parcel Map Committee Resolution No. 848
Item #: 10.6
Consent

4. Planning Commission Resolution No. 5435 approving the Fulton Estates Tentative Subdivision Map
Reviewed/Approved:

118' (57' 32'
84'

RECOMMENDED ACTION
Adopt a resolution initiating proceedings for the formation of Landscape Maintenance District 2024-01 for the Wild Oak subdivision, and setting January 16, 2024, as the date for a public hearing regarding the same.

SUMMARY
The Owners and Developers of the approved Wild Oak tentative subdivision map have petitioned the City to establish an assessment district for their proposed development located on the south side of Pleasant Avenue west of Milner Street. This assessment district will provide for the following:
• Maintenance of landscaping, irrigation systems, pedestrian sidewalks, and block walls associated with common lot areas within the district boundaries; • Supplemental maintenance of local streets within the district boundaries; and • Maintenance of a neighborhood park and associated appurtenances located within a common lot area within the district boundaries.

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

LEGAL REVIEW
The City Attorney has reviewed the standard deferred improvement agreement template used to create the proposed agreement and has approved it as to form.

ALTERNATIVE ACTION

1. Approval with changes could delay the proposed development of the Wild Oak subdivision.

2. Denial would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the Wild Oak subdivision. Additionally, there would be no supplemental maintenance provided for streets within the district boundaries.

3. Tabling the item could delay the processing and approval of the pending Wild Oak subdivision final map.

ATTACHMENTS

1. Resolution
Item #: 10.7
Consent

2. Exhibit A – LMD 2024-01 Assessment Diagram

3. Exhibit B – LMD 2024-01 Wild Oak Phasing & Lot Exhibit

4. Exhibit C – LMD 2024-01 Street Map

5. Exhibit D – LMD 2024-01 Landscaping and Park Common Lot Map Reviewed/Approved:

RESOLUTION 2023-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
INITIATING PROCEEDINGS FOR ASSESSMENT DISTRICT 2024-01 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
BE IT RESOLVED by the City Council of the City of Tulare, as follows, to wit:

Section 1. The City Council proposes to form an assessment district pursuant to the Landscaping and Lighting Act of 1972 (Section 22500 and following, Streets and Highway Codes) for the following improvements:
2024-01: maintenance of landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common lot areas, maintenance of local streets, and maintenance of neighborhood park and appurtenances serving the area within the district boundaries.

Section 2. The proposed district shall be designated Assessment District 2024-01 and shall include the land shown on the map designated, “Assessment Diagram”, as attached.

The hearing will be held at the meeting place of the City Council located at the Tulare Public Library and Council Chamber, 491 North M Street, Tulare, California.

Section 5. The City Clerk is authorized and directed to give the notice of hearing required by the Landscaping and Lighting Act of 1972.

PASSED, APPROVED, AND ADOPTED on this 19th day of December 2023.

TERRY A. SAYRE, MAYOR
ATTEST:

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

Staff Report
Meeting: City Council
Date: December 19, 2023
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Willow Glen Subdivision Phase 6 Notice of Completion

RECOMMENDED ACTION
Accept the required public works improvements for Phase 6 of the Willow Glen subdivision located on the west side of Mooney Boulevard (SR 63) south of Pacific 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.

SUMMARY
On March 21, 2023, City Council conditionally approved the final map for Phase 6 of the Willow Glen subdivision, which created 53 single-family residential lots as shown in the attached exhibit. The Subdivider, Presidio JJR Cypress Park 155, LLC a Delaware Limited Liability Company, by JJR Management Services, Inc., A California Corporation, its Operating Manager, has completed construction of all required public works improvements in accordance with the approved plans and specifications for this subdivision, except for Pacific Avenue and Mooney Boulevard (SR 63) frontage improvements, which have been secured by separate deferred improvement agreements.

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

LEGAL REVIEW
The City’s Notice of Completion template has been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – Not approving the NOC would prevent the issuance of Certificates of Occupancy for homes within Phase 6 of the Willow Glen subdivision, resulting in some home buyers being unable to occupy recently purchased homes.

3. Table – A delay in the City accepting the improvements would delay some home buyers from occupying recently purchased homes.

ATTACHMENTS

1. Notice of Completion

2. Willow Glen No. 6 subdivision final map.

Reviewed/Approved:

Item #: 10.8
Consent
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 19h day of December 2023, a work of improvement on real property hereinafter described was completed by Presidio JJR Cypress Park 155, LLC, a Delaware Limited Liability Company, by JJR Management Services, Inc., a California Corporation, the Subdivider of record, whose address is 5607 Avenida De Los Robles, Visalia, CA 93291.

4. The name of the surety for the work of improvements is Markel Insurance Company, 9500 Arboretum Boulevard, Suite 400, Austin, TX 78759.

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

Public Works Improvements for Phase 6 of the Willow Glen subdivision, except Pacific Avenue & Mooney Boulevard frontage improvements secured by separate deferred improvement agreements.

6. The public works improvements were accepted as complete by the City Council of the City of Tulare on December 19, 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

Staff Report
Meeting: City Council
Date: December 19, 2023
Department: Community Services
Submitted by: Community Services Director Jason Glick
Agenda Title: Professional Landscape Maintenance Contractor Service

RECOMMENDED ACTION
Approve and authorize the City Manager to execute the contracts with Brightview Landscape and Perfect Care Landscape for Professional Landscape Maintenance Contractor Service as follows:
• Route A – BrightView Landscape (Fresno) $ 278,808.00
• Route B – Perfect Care Landscape (Tulare) $ 141,215.28 • Route C – BrightView Landscape (Fresno) $ 183,750.60
• Route D – Perfect Care Landscape (Tulare) $ 237,922.44 • Route E – Perfect Care Landscape (Tulare) $ 60,920.16 • Route F – Perfect Care Landscape (Tulare) $ 43,662.36

SUMMARY
The City’s current landscape maintenance agreements have expired. The Community Services Department advertised a Request for Proposals (RFP) for Professional Landscape Maintenance Contractor Services on October 3, 2023, and October 10, 2023.

An RFP process was utilized to ensure that the proposals were evaluated in a manner that would elicit the most qualified firms to provide the highest level of professional landscape maintenance contractor services for the City’s landscape and lighting districts, facilities, and streetscapes. On November 9, 2023, the Community Services Department received 12 proposals from two commercial landscape maintenance contractors for the six routes (A through F).

PERFECT CARE LANDSCAPE BRIGHTVIEW LANDSCAPE
ROUTE A $439,964.16 $278,808.00
ROUTE B $141,215.28 $148,017.72
ROUTE C $239,552.88 $183,750.60
ROUTE D $237,922.44 $238,158.39
ROUTE E $60,920.16 $79,942.92
ROUTE F $43,662.36 $46,416.24
The twelve proposals were evaluated based on criteria established in the RFP, consisting of qualification of firm, staffing and project organization, work plan, completeness of response, cost; and reviewed independently by an award committee.

Item #: 10.9
Consent
• Route A – BrightView Landscape (Fresno) $ 278,808.00
• Route B – Perfect Care Landscape (Tulare) $ 141,215.28 • Route C – BrightView Landscape (Fresno) $ 183,750.60
• Route D – Perfect Care Landscape (Tulare) $ 237,922.44 • Route E – Perfect Care Landscape (Tulare) $ 60,920.16 • Route F – Perfect Care Landscape (Tulare) $ 43,662.36

The above companies have worked for the City of Tulare and other municipal agencies and have come highly recommended by both past and current clients. All of the above project costs are within budget. The contracts are for an initial two-year term, renewable for up to three (3) additional one-year terms.

FISCAL IMPACT & FUNDING SOURCE(S)

ROUTE DISTRICT NAME ACCOUNT NUMBER
A Del Lago & Tesori 050-5006-2018
Academy Estates 050-5010-2018
The Greens and KCOK Ranch 050-5015-2018
Willow Glen and Kensington Estates 050-5021-2018
The Greens & Oak Creek 050-5022-2018
Farrar Estates 050-5023-2018
B Southgate Villa 050-5003-2018
Sunrise Estates 050-5005-2018
Autumn Glen 050-5007-2018
Shadow Wood & Majestic 050-5009-2018
Kaweah Estates 050-5009-2018
Palm Ranch, Woodbridge, & Cambridge 050-5011-2018
California Ranchos & Cottonwood Estates 050-5017-2018
Goble Court 050-5018-2018
Sierra Vista 050-5020-2018
Fernjo Estates 050-5026-2018
C North Oak Estates 050-5001-2018
The Grove 050-5002-2018
Westwood Village Estates 050-5004-2018
Admiral Estates, Gail Estates, & Heritage North 050-5012-2018 Valley Estates, Montecito, & Sherwood 050-5013-2018
West Gate Estates 050-5016-2018
Oakcrest 050-5024-2018
Liberty Hill 050-5025-2018
Various City Owned Landscape Areas 001-4410-2018
Various Downtown District Areas 018-4350-2018
Greyhound Bus Terminal 009-4132-2018
D Parks, Sports Field, and Ponding Basin Mow Route 001-4410-2018 E City Street Median Landscape 001-4410-2018
Academy Estates (Median Improvements) 050-5010-2018
F Various City Owned Landscape Areas 001-4410-2018
Downtown District Parking Lots 018-4350-2018

LEGAL REVIEW
The contracts have been reviewed by the City Attorney.

ALTERNATIVE ACTION

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

2. Deny – Do not move forward with approving the landscape and maintenance agreements.

3. Table – Direct staff to research additional contractors, which would delay the maintenance work on the landscape and maintenance districts for City of Tulare.

ATTACHMENTS

1. Route A BrightView Landscape Contract

2. Route B Perfect Care Landscape Contract

3. Route C BrightView Landscape Contract

4. Route D Perfect Care Landscape Contract

5. Route E Perfect Care Landscape Contract

6. Route F Perfect Care Landscape Contract
Reviewed/Approved:

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE A

Page 1 of 31 ends

CITY OF TULARE

PROFESSIONAL LANDSCAPE MAINTENANCE CONTRACTOR

AGREEMENT FOR ROUTE A
This Agreement is entered into this 1st day of February 2024, by and between BrightView Landscape Services, Inc., hereinafter referred to as “Contractor” and the City of Tulare, a chartered city of the State of California, hereinafter referred to as “City.” The term “Contractor” as used in this agreement shall mean the Contractor, his agents, employees, representatives, and subcontractors.

1. WORK TO BE PERFORMED. Contractor shall perform in a good workmanlike and substantial manner the maintenance services as set forth in this Agreement and “SPECIFICATIONS AND CONDITIONS FOR LANDSCAPE MAINTENANCE SERVICES” (attached).

2. PLACE OF PERFORMANCE. Contractor shall perform all required services at the locations described in Exhibit B (description and map).

3. TERM OF CONTRACT. Successful Contractor(s) will be awarded a two-year service agreement, ending in 2021. This contract may be renewed for three additional one-year periods unless notice is given in writing by either party thirty (30) days in advance of contract termination.

4. CHANGES IN WORK TO BE PERFORMED OR PLACES OF PERFORMANCE. City may make changes in the work to be performed, place of performance, or both, by giving thirty (30) days written notice to Contractor of the effective date of any such change. In the event that City makes a change or changes pursuant to this paragraph, the matter of any increased or decreased compensation that may be due to Contractor shall be negotiated between the parties and will be based in part on similar situations in the contract, if such situations exist.

5. AUTHORITY OF THE DIRECTOR OF COMMUNITY SERVICES. The Community Services Director shall have the authority to take such action as is reasonably necessary to administer the contract including making decisions and determinations as provided for in this Agreement. All instructions, rulings and decisions of the Community Services Director or designee shall be final and binding.

6. SATISFACTION OF CITY. Maintenance services performed by Contractor shall be performed to the satisfaction of the Community Services Director or designated representative.

7. WORK DEFICIENCIES AND CORRECTIONS. All work deficiencies of Contractor shall be corrected within five (5) days of written notification from City. Failure to comply within five (5) days may, at City’s sole discretion, result in action being taken by the City, including, but not limited to, correcting the deficiency and deducting any associated costs incurred thereby from the total monthly compensation due Contractor.

Serious violations in this regard may result in deletion of site(s) from contract and/or, the termination of this Agreement.

8. FAITHFUL PERFORMANCE BOND. Contractor shall provide the City with a faithful performance bond or other security for performance in a form acceptable to the City, and in an amount equal to one hundred percent (100%) of the original contract amount. Said bond or other security to remain in full force and effect for the duration of this Agreement and for sixty (60) days beyond the termination of this Agreement. The security shall guarantee faithful performance by the Contractor of all Contractor’s obligations and responsibilities under this Agreement.

9. PAYMENT BOND. Contractor shall provide City with a payment bond in the amount of fifty percent (50%) of the original contract amount to secure the payment of claims for labor and materials. Said bond or

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE A

Page 2 of 31 ends

other security to remain in full force and effect for the duration of this Agreement and for sixty (60) days beyond the termination of this Agreement.

10. CONTRACTOR IS AN INDEPENDENT CONTRACTOR. The parties intend that the Contractor in performing the services herein specified shall act as an independent contractor and shall have control of his work and the manner in which it is performed. Contractor is not to be considered an agent or employee of the City and is not entitled to participate in any pension plans, or similar benefits, including workers’ compensation, that the City provides for its employees.

11. COMPENSATION. The Contractor agrees to receive and accept the following prices as full compensation to furnish all the materials and do all the work contemplated in this Agreement, except for such materials as are mentioned in the specifications to be furnished by the City:

A. Yearly Compensation. The total yearly compensation payable to Contractor for performance of maintenance services pursuant to this Agreement shall be $ 278,808.00 for 12 months.

B. Additional Work. Additional, extra, or vandalism work may be added to the existing contract at existing prices or placed out to bid formally and/or informally at the City’s sole discretion. All additional, extra, or vandalism work shall be approved in writing by the Director or designated representative before the work can be performed. As new landscaped areas are completed, or other areas are added that require maintenance, the new areas may be added to the existing contract at existing contract prices, negotiated prices or placed out to bid formally and/or informally at the City’s sole discretion. All work is to be performed per City of Tulare maintenance specifications. Should the additional, extra, or vandalism work require materials not included in the existing contract, Contractor shall be reimbursed for material costs based on actual invoices submitted by suppliers. As an alternative, City shall have the option of supplying necessary materials.

C. Manner and Time of Payment. Contractor shall submit to City an invoice by the fifth of each month for one-twelfth (1/12) of the yearly compensation and for such additional authorized work as shall have been performed within the preceding month. The Contractor will be paid monthly in arrears for work performed satisfactorily under the contract. For months in which there is only partial performance under this Agreement, the monthly compensation shall be prorated.

D. Contract Price Adjustment. Contract price adjustment as determined by the City of Tulare’s Finance Department using the Consumer Price Index for Tulare may take place annually for term of contract effective February 1, 2024. The contract unit prices may be changed in an amount equal to the percentage movement for the twelve-month period of each contract year, but in no event may exceed 5% increase per year. The contract price changes as a result of this formula shall be binding on the Contractor for the subsequent July 1-June 30 budget year. The adjustment of the bid price shall not be retroactive and shall apply only to changes incurred after approval.

12. CONTRACTOR’S RESPONSIBILITY FOR COMPLIANCE. The City shall remain responsible for any water-conservation goals, requirements, mandates, directives, legislation, or regulations, as may be or become in force at the property serviced by this Agreement. Nothing contained in this Agreement shall serve to shift the burden of compliance with such Regulations on the Contractor, or to imply or require that the Contractor will be responsible for any or all costs or damages associated with revising the irrigation schedule to accommodate the Regulations whether such revision has the net effect of less or more irrigation. City alone shall be responsible for any failure to comply with the Regulations or any of them, any damages caused by or allegedly caused by efforts to comply with or incorporate the Regulations, any and all claims, damages, actions, enforcement proceedings, penalties, assessments, tenders of defense or indemnity asserted by any party. Any regulated substances required to be applied as part of the Service shall be applied in accordance with applicable laws and regulations by properly licensed personnel and Contractor shall not be held liable for the use of such substance if properly applied in accordance with applicable laws and regulations.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE A

Page 3 of 31 ends

13. PERMITS, LICENSES AND CERTIFICATIONS. The Contractor shall obtain and, when requested, provide verification of any and all permits, licenses or certifications necessary to do the work required under this Agreement.

14. MINIMUM LIABILITY AND INSURANCE.

A. Liability. Contractor shall take all precautions necessary for the safety of and prevention of damage to property on or adjacent to the work site, and for the safety of and prevention of injury to persons, including City employees, Contractor’s employees, and third persons, on or adjacent to the work site. All work shall be performed according to law and entirely at Contractor’s risk.

B. Hold Harmless and Indemnification. To the fullest extent permitted by law, Contractor expressly undertakes to and shall defend, indemnify and save City, its officers, agents and employees free and harmless from and against any and all third-party claims, demands, damages, actions, expenses, suits, liabilities, or proceedings and other costs, including attorney’s fees, arising out of or in connection with any act, omission, work, duties, operations or negligence of Contractor or any of Contractor’s subcontractors, agents, employees, sub-lessees, or assignees arising out of any incident, injury, or damage whatsoever caused or occurring to any person or property on or arising out of the Contractor’s performance under this Agreement. The foregoing shall specifically include the obligation to defend, indemnify and save harmless City, its officers, agents, employees, or independent contractors, even if the claim, suit, action, expense, accident, injury, or damage has been caused partially by what may be characterized as, constitute, or be the equivalent of independent or passive negligence in any proportion, whether partial, concurrent or otherwise, on behalf of the City, or any of its officers, agents, employees, contractors or subcontractors. Moreover, Contractor hereby agrees to defend, indemnify, and save the City, its officers, agents, employees and independent contractors harmless from any and all claims, demands, damages, actions, expenses, attorney’s fees, and other costs that may arise out of or in connection with any failure of Contractor or any subContractor to take out or maintain such insurance or the insurance referred to in this Agreement. Contractor will defend Indemnitees until the dispute or claim is settled or a judgement rendered. At that time, the Indemnitees shall reimburse Contractor, based upon their own respective portion of the comparative negligence of all damages, losses, expenses and defense costs.

C. Insurance. During the term of this Agreement, Contractor shall maintain, pay all premiums, and keep in force the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Minimum Insurance Coverage

1. General Liability
a. Limits of Liability are to be not less than $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability products and completed Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b. Coverage is at least as broad as the unaltered Insurance Service Office (ISO) Form No. CG 00 01 10 01.

2. Automobile Liability
a. Limits of Liability are to be not less than $2,000,000 per accident for bodily injury and property damage.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE A

Page 4 of 31 ends

b. Coverage is at least as broad as the unaltered Insurance Service Office (ISO) Form No. CA 00 01 10 01

3. Employer’s Liability
a. Limits of Liability are to be not less than $2,000,000 per accident for bodily injury and $2,000,000 per person for disease.

4. Worker’s Compensation Insurance.
a. Limits of Liability shall be statutory.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Applicant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor, and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance, or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute to it.

3. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.

4. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to the City.

6. The workers’ compensation insurance is to contain, or be endorsed to contain, the following provisions:
a. The insurer shall waive its right of subrogation against the City, its officers, officials, employees, agents, or volunteers.
b. The policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice has been given to the City.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE A

Page 5 of 31 ends

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless expressly authorized in writing by the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before the work commences. The City reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage required by these specifications.

Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements as stated herein.

15. RECORDS. The Contractor shall keep accurate financial, time, and date records concerning all work or operations performed under this Agreement. Said records shall be available for City inspection upon reasonable notice.

16. MEETINGS. The Contractor shall meet with the Director or designated representative monthly, or more often as needed, for a walk-through of all areas of work to review Contractor’s performance under this Agreement. During the walk-through, City representative and Contractor may discuss any problems or matters of concern.

17. REPORTING REQUIREMENTS FOR HAZARDS, DEFECTS, SPECIAL MAINTENANCE, EMERGENCY MEASURES. Contractor shall notify City immediately of any hazardous conditions or defects on, in, or affecting the use of city property that would reasonably be found or become known during the performance of work or operations under this contract. When any hazardous condition, defect, or other situation requiring immediate maintenance attention is observed, Contractor shall take reasonable steps to alleviate any immediate hazard, defect, or danger and promptly notify the City and any appropriate authorities. Contractor shall be compensated for any such unscheduled work in accordance with the unscheduled or additional work rate set forth in Paragraph 10B.

18. NOTICES. Any notice to be given or made pursuant to this Agreement, including a notice of change in the address to which notices or payments are to be sent, be given by personal delivery to the other party or by mail addressed as follows:

TO CONTRACTOR: BrightView Landscape Services, Inc.
5213 E. Pine Avenue
Fresno, CA 93727
TO CITY: City of Tulare
Community Services Department
Attn: Parks Division
830 S. Blackstone Street
Tulare, CA 93274
All notices shall be in writing. All payments shall be made by check or warrant. Notices given or made by mail shall be deemed given or made upon deposit of the notice, postage prepaid, in the United

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE A

Page 6 of 31 ends

States mail addressed in accordance with this paragraph. Notice of any changes of address shall be made in writing.

19. MODIFICATION OF AGREEMENT. Except as expressly or otherwise provided, this Agreement may be amended only by the mutual consent of the parties hereto, in writing.

20. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement shall be construed to be both a covenant and a condition.

21. WAIVER OF COVENANT OR CONDITION. One or more waivers or any breach of any covenant or condition shall not be construed as a waiver or a subsequent breach of the same or any other covenant or condition.

22. ENTIRE AGREEMENT. This Agreement comprises the entire Agreement of the parties hereto and no obligations other than those set forth shall be recognized.

23. ASSIGNMENT. Any assignment of the rights or obligations under this Agreement without the prior written consent of the City is prohibited and shall be null and void.

24. TERMINATION OF AGREEMENT. This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

City shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

City shall have the right to terminate this Agreement at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering services pursuant to this Agreement. If City terminates this Agreement:

A. Contractor shall promptly deliver to City copies of all information prepared pursuant to this Agreement.

B. City shall pay Contractor the reasonable value of Services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the Agreement not been terminated or had Contractor completed the Services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as is in the judgment of the City necessary for City to determine the reasonable value of the Services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

Contractor shall have the right to terminate this Agreement at any time by giving thirty (30) days prior written notice of termination to City.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE A

Page 7 of 31 ends

DATED: _________________________ BY: _________________________ City of Tulare City Manager
ATTEST: APPROVED AS TO FORM:
__________________________ ___________________________
Chief Deputy City Clerk Tulare City Attorney
CONTRACTOR:
__________________________ ___________________________
Karine Stuimer
EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 8 OF 31

EXHIBIT A

SPECIFICATIONS AND CONDITIONS FOR LANDSCAPE MAINTENANCE SERVICES A. General Conditions
Landscape maintenance for the City of Tulare shall be “priority work” for the successful Contractor. City facilities are high visibility, high traffic areas that must maintained with a sharp appearance. It is the intent of these specifications that Contractor maintain all areas as outlined in a clean, orderly, and costeffective manner for public view or use. The terms “Director” or “Community Services Director” shall mean the Director or designated representative.

B. Supplies and Equipment
The Contractor, at his own cost and expense, shall furnish and keep in good working order all necessary tools, equipment, and supplies of good quality and in the amounts necessary to fulfill these specifications. To accomplish an acceptable and professional level of maintenance, these supplies and materials shall include, but not be limited to:

1. Necessary mowers, trucks, edgers, aerators, seeders, hoses, tools, blowers, etc.

2. All necessary gas, oil, and parts for all equipment.

3. All necessary chemicals including: fertilizers, herbicides, insecticides, fungicides and rodenticides.

4. All parts necessary for the repair and proper maintenance of all irrigation systems.

5. All necessary horticultural supplies.

Contractor will substitute supplies and/or equipment at the request of the Director or designated representative.

C. Obligation of the Contractor
The Contractor, at his sole cost and expense, shall perform all labor and services and furnish all the materials, tools, equipment, supplies, and transportation as necessary for the performance of the scheduled work in accordance with these specifications. Unscheduled work, except for an emergency situation, shall be authorized by the Director or designated representative and shall be performed by the Contractor who then shall be compensated by the City on a time and materials basis. The time and materials schedule submitted by the Contractor shall be a part of this agreement.

Leaves, grass clippings, tree trimmings, and trash must be removed each time work is performed and legally disposed of by Contractor at his own expense.

D. Obligation of the City
City shall provide the following materials, supplies and/or service:

1. City is responsible for the replacement of damaged, vandalized and/or stolen irrigation system essential components, pumps, backflows and controllers, turf, landscaping, and related infrastructure unless damaged by contractor due to negligence or lack of maintenance, with the exception of tree stakes. Contractor is responsible for replacement of any and all tree stakes.

2. City is responsible for electrical and water utility costs and services.

3. City will provide contractor with emergency numbers for designated City representative and emergency personnel.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 9 OF 31
E. Subcontracting
A portion of the work covered by a contract awarded pursuant to these specifications can be subcontracted with prior approval of City. Contractor must develop procedures specifying how it will manage the subcontractor and maintain quality work and results through the subcontractor. Lists of subcontractors with their qualifications shall be submitted to City thirty (30) days before their intended use. All subcontractors must demonstrate they are United States citizens or have a legal right to work in the United States. All subcontractors must have the required insurance coverages and licenses as Contractor.

F. Contractor’s Personnel
Contractor shall provide sufficient qualified and trained personnel capable of meeting these terms, conditions, and specifications.

Contractor shall provide a list including all Contractors’ and subcontractors’ employees assigned to work sites. List shall include name for each Contractor employee and must demonstrate they are a United States citizen or have a legal right to work in the United States. Contractor must update list within fortyeight (48) hours of any change. In the event an employee leaves the employment of Contractor during the term of this agreement, Contractor is to immediately notify the City’s representative of their employee’s termination and confiscate the employee’s identification badge.

Contractor shall provide the City with names and telephone numbers of appropriate persons to be called in case of emergency.

Contractor will assign a qualified, trained supervisor to oversee work performed at the work site and to act as Contractor's liaison with City's representative. This supervisor shall have at least three (3) years of commercial landscape or municipal park maintenance supervision experience. The supervisor shall be able to speak, read, and write English and be capable of writing schedules, making monthly reports noting deficiencies in need of correction, and planning for upcoming major projects.

Contractor shall provide an ongoing documented training program for all Contractors’ employees performing work at City's work site. Training program shall include, but not be limited to, understanding of City's maintenance contract, quality standards, task definitions, M.S.D.S. sheets, Cal-OSHA regulations and all other safety regulations as required.

G. Work Performance
The Contractor will adhere to the highest quality standards of the landscape maintenance profession.

The specifications and standards shall be met by Contractor at all times regardless of Contractor's employees' absence or established staffing pattern and levels.

All material and workmanship shall be of the highest quality. All work shall be subject to the satisfaction of the Parks Manager, who may exercise such control of the work as is required to safeguard the interests of the City and private property owners.

Contractor shall plan and conduct the work in a manner that will safeguard all persons from injury and shall take precautions required by all applicable governmental regulations.

The Contractor shall conduct the work required in such a manner as to cause the least amount of interference to the public and the general operations of the City.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 10 OF 31
H. Work Schedule
Contractor is to provide City with a work schedule describing the work to be performed in each area. All work schedules shall conform to all applicable City ordinances and be designed in a manner to provide the desired level of service. The Director or designated representative may modify the proposed work schedule as needed to provide the desired level of service. Clippings, cuttings, trash and debris shall be removed each time work is performed.

Contractor's normal work shall be performed between 6:00 a.m. and no later than 6:00 p.m., Monday through Friday (except holidays). All work is to be conducted in a professional manner that is not disruptive to City residents, visitors or offices, library or senior center patrons. Contractor will provide City a full-year schedule of all daily, weekly, biweekly, monthly, quarterly, semi-annual and annual services, giving specific days and dates. Any non-emergency work that may be deemed hazardous or disruptive (i.e., chemical spraying, tree pruning, etc.) will be scheduled at least two (2) weeks in advance with City representative. City reserves the right to change schedules for special events or to resolve conflicts with adjacent property owners/tenants.

For emergency work, Contractor must obtain written approval from City's representative prior to commencing work.

I. Level of Service
Levels of Service shall be maintained per specifications of this contract. Funding in each district will determine the required interval of service. The Contractor is to determine the work necessary to maintain each district in compliance with contract specifications. The City prefers the highest level of service this contract will provide but reserves the right to determine which level of service will be assigned to each district.

Level “A” Service One-week interval (52 weeks a year)
Level “B” Service Two-week interval for four months (November - February) One-week interval for eight months (March - October)
Level “C” Service Two-week interval (52 weeks a year)
Level “D” Service Once a month service for four months (November - February) Two-week interval for eight months (March - October)
Level “E” Service Once a month service (12 months a year)

SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES
A. Irrigation
Irrigation shall be performed as required to maintain proper plant growth in all areas. Daily shallow water applications are to be avoided in favor of deeper water applications and in quantities required by the different plant species at different times of the year.

Normal watering shall be accomplished at times of the night or early morning which promote the health of all plants and minimize the inconvenience to people using the area. Water on turf and groundcover areas is generally to be applied between 10:00 p.m. to 4:00 a.m. and 9:00am to 11:00am on assigned EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 11 OF 31
water days by Parks Manager, where possible, to lower the risk of fungus in cool season turf. Water shall be applied in short repeat cycles of 3-5 minutes each to prevent run-off into the street. Care shall be taken not to over-water or flood any soil.

Failure of an existing system to provide full and adequate coverage shall not relieve the Contractor of the responsibility to provide proper coverage of all areas using hose bibs, quick couplers, etc. Providing any supplementary hoses, sprinklers, nozzles, etc., necessary to accomplish full coverage shall be the Contractor’s responsibility.

The Contractor shall comply with the Water Conservation Ordinance, as found in Tulare Municipal Code Section 7.32. Information outlining this ordinance shall be provided to Contractor by the City. During periods of restricted water use, all governmental regulations shall be followed. Contractor shall perform a water audit when requested by Director or designated representative. Should modifications of irrigation systems and/or schedules be required to facilitate adherence to these regulations, the Contractor shall notify the Director or designated representative of the suggested modifications.

Irrigation water shall be carefully applied and monitored weekly by the Contractor. Excessive water runoff or overflow onto hard surface areas shall be kept to an absolute minimum so as to conserve water and not waste. During summer months, a weekly visual inspection of the irrigation system shall be performed to identify system defects. This includes, but is not limited to, breaks in lines, heads, leaks and wash outs, saturated areas or dry spots. Problems reported to the Contractor by the Director or designated representative must be corrected within twenty-four (24) hours of the report.

Contractor is responsible for proper adjustment of all components of the irrigation system, from the controllers to the individual sprinkler heads. All irrigation system components shall be inspected as needed and a written summary of any findings turned in within one week of inspection.

All irrigation controllers shall be adjusted seasonally and turned off during periods of rain. Contractor shall turn on and program controllers at the completion of each rainy period. Each time the schedule is changed, due to seasons or any other reason, a revised schedule shall be provided to the Parks Manager.

All irrigation equipment shall be maintained in good working condition and shall function properly at all times. The Contractor shall be responsible for the maintenance and/or replacement of all irrigation systems and their parts (excluding only the VFD, booster pumps, backflow prevention devices, irrigation controllers, irrigation decoders, and modules unless damage to these systems was caused by the Contractor or employees at his own expense). Included in the system are: remote control valves and boxes, box covers, gate valves, quick coupling valves, main lines, control wiring, lateral lines, all fittings and riser assemblies, hose bibs, sprinkler heads, and vandal-proof enclosures.

All minor repairs such as nozzle adjustments and repair of broken risers (lateral line and/or swing joint to sprinkler head) shall be included in the monthly maintenance cost. Contractor shall be responsible for minor repairs and will not bill these repairs as “Additional Work.” Replacement parts for irrigation systems shall be new and of similar or better quality as what was initially installed. The City’s representative may permit substitution of brand name parts only with advance approval. Unless included under minor repairs, Contractor will not purchase any new parts without prior approval by the Director or designated representative.

The Contractor shall, at least once a week, inspect all areas covered by an automatic irrigation system for any malfunction. Approximately thirty (30) days prior to contract conclusion, a comprehensive test of EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 12 OF 31
all irrigation systems shall be made by the Director or designated representative. Any repairs deemed the Contractor’s responsibility shall be made by the Contractor prior to the end of the contract period.

If the repairs made are not to the Parks Manager’s satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepancies as determined by the Director.

Irrigation systems which are damaged or altered in any way as a result of work performed under this contract shall be repaired or replaced by the Contractor in kind and in an approved manner. Repairs shall be made immediately after damage or alteration occurs, unless otherwise directed. For repairs not made, or not made to the satisfaction of the Parks Manager, the work will be done by others and billed to the Contractor.

Repairs made due to vandalism or faulty components shall be billed as extra work. Repairs to backflow devices and irrigation controllers will be either the City’s responsibility or extra work as determined by the Director or designated representative.

B. Pesticide Application
The Contractor shall be responsible for the control and elimination of weeds, insects, rodents and diseases affecting all work areas under his control. The Contractor shall possess all permits and licenses required by the State of California, Department of Food and Agriculture, prior to the application of any pesticide. A licensed, trained technician shall perform all chemical applications. Any pesticide used shall be listed on the State of California, Department of Food and Agriculture’s approved list and Contractor shall submit all pesticide use reports to the Tulare County Agricultural Commissioner.

Restricted materials, if used, shall be used and possessed only in accordance with a permit issued by the Tulare County Agricultural Commissioner. In addition, all pesticides used must have the written approval of the Director or designated representative prior to application of pesticides.

C. Weed Control
Pre- and post-emergent herbicides shall be used for weed control upon prior approval of the Parks Manager. A licensed, trained technician shall perform all chemical applications. Contractor shall notify City representative in advance of any chemical applications. City's representative must also have a copy of the current M.S.D.S. for every chemical being applied. Contractor shall abide by all rules and regulations of the California State Department of Food and Agriculture, the Department of Health, and the Department of Industrial Relations regarding the safe application of herbicides under this contract.

Care shall be taken to ensure the safety of the public and the contractor’s employees during chemical weed control operations. The Director or designated representative may restrict the use of chemical weed control in certain areas. Contractor shall exercise great care to avoid herbicide drift onto non-target plants and adjacent residential areas.

All turf grass areas and planter areas shall be treated for pre-emergent weed control at least twice yearly with a product approved by the Parks Manager. All shrub beds shall be kept in friable condition and free of weeds. All ground cover areas shall remain weed free. All fence lines, light standard bases, tree wells, buildings and structures shall be weed free.

Turf areas shall be sprayed as necessary for weed control. Where weed encroachment is on a small scale, weeds shall be removed manually. Weeds taller or broader than four inches (4") in the planted area shall be mowed, hoed or hand-pulled. Small weeds may be controlled by applying a foliage-applied or soil herbicide before the weeds exceed four inches (4"') in height. Dead weeds that are unsightly shall be removed. Existing mulched areas, sidewalks, and pathways shall be maintained weed free.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 13 OF 31
D. Disease, Rodent, and Insect Control
The Contractor is responsible for the inspection, control, and eradication of all disease, rodent, and insect infestations in the landscaped areas maintained under this contract. Contractor shall notify the Parks Manager when finding such a condition, and outline identification and control measures to be taken if the pests are causing damage or dramatically lessening the aesthetic quality of the plants.

Whenever an appropriate nonchemical treatment for a pest is available, its use shall be given preference over chemical treatment. Contractor shall provide timely recommendations for remedies to any chronic pest problems. Upon approval of the Parks Manager, the Contractor shall implement the approved control measures utilizing all safeguards necessary to protect the public and Contractor’s employees.

E. Tree Maintenance
Contractor shall provide proper watering of all trees, where water is available, whether done by automated irrigation systems or manually with the use of hoses. Trees shall be maintained in an erect, upright manner and shall be staked as necessary to maintain this position. Pruning and trimming of trees shall be limited to removal and disposal of any dead and/or broken branches and any sucker growth located in or on the tree.

Newly planted trees that do not have trunk caliper sufficient to support the tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.

Until young trees are strong enough to stand alone, they shall be flex-tied between 2 approved 2" x 2" x 10' treated tree stakes. Split plastic hose or black tire casings held in place by 12-gauge wire shall be used to secure the young trees. Tree ties are to be inspected often for signs of girdling or abrasion.

Contractor shall remove or loosen any and all tree stakes and/or ties whenever damage to the trunk is being caused by girdling. Stakes shall be removed when the tree has sufficient strength to support itself.

Contractor shall be responsible for replacing and reinstalling all tree stakes that are missing or broken, whether from Contractor’s operations or through vandalism or theft.

All tree pruning activities shall be performed by trained, experienced personnel. All pruning is to be done in accordance with International Society of Arboriculture (I.S.A.) pruning standards. All personnel engaged in pruning activity shall be made aware of these standards by Contractor.

Contractor is totally responsible for any subcontractors they engage to do tree pruning or other work within the assigned job sites. Contractor's responsibility regarding subcontractors includes, but is not limited to, the quality of work and related experience, and appropriate liability insurance coverage. All subcontractors must be approved in advance by the Director or designated representative.

Contractor shall be responsible for all pruning which can be reached with a 12' pole saw by a worker standing on the ground. All trees are to be maintained in their natural shape. Canopy clearance is to be maintained above walks at 10'-0" and above streets at 14'-0" for pedestrian and traffic safety as per Ordinance Code 8.32.080.

The Contractor shall bring to the Director or designated representative’s attention within 24 hours any tree which shows root heaving, leaning, having hanger limbs, or is in some manner constituting a safety hazard.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 14 OF 31
F. Pruning and Edging of Shrubs and Groundcovers
Contractor shall be responsible for the pruning, edging, and thinning of all shrubs and ground covers to the satisfaction of the Director or designated representative. Pruning shall be done to promote the natural growth habit of each individual plant; to maintain proper plant health by cutting out dead, diseased or injured wood; and to control growth when an unshapely shrub or ground cover might otherwise result. All shrubs and bushes covering/ blocking a block wall shall be maintained at a height of no more the height of the block wall nor less than two (2) feet lower than the height of the block wall.

All cuts shall be made cleanly using sharp pruning tools leaving no branch stubs. Hedging, shearing, or other severe pruning will not be allowed except with prior approval. All dead, dying, or damaged branches shall be removed immediately.

All ground cover areas shall be kept free of weeds, trash, and debris. Planted areas may be sprayed and/or manually weeded.

Ground covers shall be trimmed on a regular basis. A four-inch (4") buffer zone shall be maintained around all obstacles and edges with the exception of shrubs and trees that will have a twenty-four-inch (24") buffer. All plant growth shall be prevented from covering or blocking electrical meters, irritation controllers, back flows, valve boxes, water meters and also from entering onto walkways, roadways, and other hard surface areas, unless to create a special effect, such as cascading over a wall or fence. Clear view of traffic signs and intersections is to be maintained at all times.

Ground covers that regenerate and flourish from occasional mowing may be mowed only between February 15 and April 1. To promote rapid regrowth, mowing of an entire stand of groundcover shall always be accompanied by fertilizer which is watered in. Edging shall be done to present a neat appearance and prevent overgrowth of curb or sidewalk. Edging shall not be done by chemical methods; unless a growth retardant is utilized that has been pre-approved by the Director or designated representative.

All ground cover/shrub areas where mulch is utilized are to be checked one time per year for maintenance of an even covering of approximately 1” of mulch.

G. Mowing, Edging, and Blowing of Turf
Contractor shall be responsible for mowing and blowing all turf grass area. Mowing shall occur once a week or as assigned depending on level of service during the growing season to maintain the proper height. Bermuda grass shall be mowed to maintain a height of no more than 1½ inches nor less than ¾ inch. Fescue and other cool season turf shall be mowed to a height of three (3) inches during spring and summer and no less than 2-½ inches during fall and winter. All turf grass shall be edged at least weekly on a vertical plane along sidewalks and other paved and hard surface areas as necessary to prevent overgrowth. Edging shall not be done by chemical methods.

If weather conditions do not permit regular mowing, longer intervals may be observed. Contractor is not to mow turf when it is in a wet, saturated condition that would cause rutting, tearing, or sliding on the turf surface, or when it could be unsafe for contractor’s employees to operate equipment.

Turf is to be cut with the size of equipment that will give a neat appearance without rutting, sliding over, or scalping the turf. This requirement will be strictly enforced, including cases of steep turf slopes.

Mowing patterns are to be changed weekly or however often necessary to avoid rutting.

Contractor will maintain sharp blades on all mowers. No mowing will be done without proper safety shields in place. Recycling mowers are allowed. Contractor shall be required to pick up and dispose of EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 15 OF 31
grass clippings after each mowing/edging operation unless the clippings are expected to dry and drop beneath the growing level of the turf within 24 hours.

Contractor’s employees shall take care to avoid obstructions such as electrical boxes, signage, buildings, vehicles, etc. A string trimmer shall be used to trim around obstructions in the turf, such as valve boxes, header boards, etc., on a regular basis to obtain a crisp look. Trees, buildings, signs and all other obstructions not on the plane of the turf shall have a buffer zone maintained down to bare soil.

Tree basin buffers shall be twenty-four inches (24") in diameter for new trees and all other buffer zones shall be four inches (4") wide. The edges of these buffer zones should be neatly trimmed on a regular basis with a string trimmer.

Contractor shall be responsible for repair of damage caused by mowing or other activities. Any trees which have more than fifty percent (50%) of the trunk removed in a given three-inch (3") area of trunk by string trimmers or mowers shall be considered destroyed and shall be replaced at Contractor’s expense with like species and size.

H. Pocket Parks and Neighborhood Trails
Contractor shall be responsible for picking up litter, emptying out trash receptables, and restocking dog waste dispenser/s. Dog waste bags and trash receptable liners will be supplied by the City.

I. Annual Flower Maintenance
Annual flowers are to be maintained at various locations as part of the regular work under this contract.

J. Graffiti Removal
Graffiti shall be reported to the City of Tulare Graffiti Hotline at (559)684-4279.

Contractor shall report to the Parks Manager any large or continual amount of graffiti in landscaped areas.

K. Shopping Cart Removal
Contractor shall remove abandoned shopping carts or call the City of Tulare Streets Department at (559)684-4322 for assistance in removing abandoned shopping carts from the landscaped areas.

L. Liability for Damages
The Contractor shall be fully responsible for any and all damage done to City property that results from Contractor’s operations. This shall include, but not be limited to, the repair, removal, and replacement at Contractor’s expense, of shrubs, trees, vines, turf grass, groundcover or other landscape items that are lost or damaged due to negligence in pest and disease control practices; and/or due to improper watering, fertilizing, herbicide damage, or lack of proper maintenance and operations. This shall also include any damage done to buildings and other improvements due to Contractor’s negligence. The Director or designated representative shall determine negligence. The City shall be responsible for replacing any plant material that has died due to acts of vandalism or theft.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 16 OF 31
M. Protection and Security of Work Sites
The Contractor shall be responsible for the opening, closing, protection, and securing of certain work sites. Contractor shall obtain the necessary keys from the Parks Manager for use in securing all gates and locks associated with said sites.

N. Additional or Extra Work
This Agreement covers routine work as specified herein. Requested extra or emergency work shall be defined as any work beyond the general routine landscape maintenance work outlined in this Agreement. Unscheduled maintenance work that would be billable above and beyond the monthly fixed price shall be performed only with the prior written approval of the Director or designated representative.

The City reserves the right to competitively bid anything beyond the monthly scope or use the time and material rates quoted in Contractor's proposal.

It is the Contractor's responsibility to advise the Parks Manager of problems and needed upgrades or repairs to keep the landscape in a safe, functional, healthy and attractive condition at all times. In the event Contractor notices a problem or work needed beyond the routine landscape maintenance work outlined in the Agreement, Contractor shall issue Additional Work estimates to the City representative.

Examples of possible extra work may include:

1. Aeration and Dethatching of Turf
Aeration: All Bermuda turf areas should be aerated a minimum of twice annually. This service will be provided one time in the spring and one time in late summer or early fall. Equipment used to perform this task shall consist of an aerator that is either vertically-operated with hollow tines or a slicer-type. Soil depth affected by aeration shall be a minimum of two inches (2"). All irrigation heads must be flagged before aerating.

Dethatching: When thatch in the turf areas accumulates to a maximum one-half inch (½"), the thatch is to be removed by means of a mechanical rake or other similar device to promote proper turf growth. The debris remaining on the turf as a result of dethatching is to be removed by sweeping the turf with a turf sweeper. Dethatching should not occur more than once annually.

2. Graffiti Removal
All graffiti removal shall be considered additional work outside of the base contract. After notifying the Parks Manager and receiving approval to proceed, graffiti shall be removed within two (2) days by steam cleaning or other appropriate method that will not change the appearance of the original surface or its texture. Graffiti areas may require coating surfaces with an approved graffiti sealer.

3. Vandalism
Contractor shall notify the Parks Manager immediately of any acts of vandalism and/or theft to City property. City shall be responsible for repairing or replacing any City property which has been vandalized or stolen. Vandalism clean-up or repair work may be added to the existing contract at existing contract prices or placed out to bid formally or informally at the City’s sole discretion.

4. Annual flowers
Changing out annuals twice per year on a schedule to be determined by the City will be treated as and paid for as Extra Work. When replacing the annuals, the Contractor shall use “jumbo” bedding plants (36 per flat) and space the plants a maximum of 12" on center. The Parks EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 17 OF 31
Manager reserves the right to determine the type of annual (tall vs. spreading) or request that a specific plant be used (pansy vs. calendula). Annuals used are to be appropriate for the site and not block signs or sprinklers.

O. Emergency Work
Emergency work shall require a shortened response time of between thirty (30) minutes and four (4) hours, depending on the nature of work needed.

The Contractor and/or their subcontractors shall have sufficient labor, materials, cell phone availability, and call-out procedures to assure that staffing is available to allow unplanned emergency repairs or maintenance. The Parks Manager will work closely with the Contractor to develop a specific procedure required to react to landscape maintenance emergencies.

P. Reporting and Inspections
Regular inspections of the maintained areas will be completed by the Parks Manager and/or his designee weekly or as required. Communication with the Contractor and documentation of inspection reports will be through written inspection reports, faxes, e-mails, photographs, Global Positioning System (GPS) coordinates, and video recordings. Contractor shall be in possession of sufficient equipment to receive, review, and respond to reports in any format.

A written report is to be given to the Parks Manager daily if and when unusual circumstances arise, suspicious people are observed, lighting is inoperable, major irrigation breaks occur, safety hazards are present, etc. For emergencies and safety hazards, the Parks Manager is to be called immediately.

Unusual horticultural problems such as pests, diseases, and damages that are beyond the scope of Contractor’s responsibility shall be brought to the Parks Manager or the Director’s attention when they are noticed.

The Contractor’s supervisor and the Parks Manager and/or his designee shall meet once per month to review the work site(s) to ensure compliance with the contract specifications and standards. At this meeting, Contractor’s shall submit a monthly written report listing major accomplishments for the previous month, notable problems, schedule changes, and goals and deadlines for the coming month.

Contractor is responsible to initiate the monthly meetings and the Parks Manager will be responsible for documenting the meetings. Lack of a complete and timely monthly report may delay payment.

The Parks Manager and/or his designee shall report any maintenance discrepancies to Contractor.

Contractor shall correct any discrepancies at Contractor’s cost within five (5) business days of written notification.

A weekly inspection report will be provided by the Parks Manager and/or his designee to the Contractor to notify the Contractor of any deficiencies and discrepancies.

Q. Chemicals
No Category I pesticides shall be used. Category II pesticides may be used with the authorization of the Parks Manager. City reserves the right to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actual use. Material Safety Data Sheets (M.S.D.S.) shall be provided to City at least one (1) week prior to the use of that chemical. Materials used shall be non-staining, noncorrosive and shall not leave a flammable residue.

EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 18 OF 31
The Contractor is also responsible for submitting chemical usage reports to the Tulare County Agricultural Department.

R. Fertilization
Fertilizer shall be applied as needed for healthy, vigorous plant growth. City anticipates that nitrogen will be the main deficiency in soils; however, Contractor shall identify and correct other mineral deficiencies that affect plant growth.

Turf shall be fertilized to keep a healthy green appearance at all times. Fertilization will be performed a minimum of four times per year. Two of these applications will be applied with slow-release fertilizer and the other two with quick release fertilizer. All turf fertilizer shall be watered thoroughly within 2 hours of application.

Fertilizer will be put down according to the following schedule (dates are approximate due to weather fluctuations). Contractor to advise Director or designated representative of planned fertilizer applications at least ten (10) days before they take place.

March-April Slow-release fertilizer shall be applied in early spring June Quick release shall be applied in early summer
Early September Quick release shall be applied a second time in summer Mid-October Slow-release fertilizer shall be applied in early fall Annual flowers will be fertilized with a slow-release fertilizer every eight (8) weeks. Flowering is encouraged with regular applications of 0-10-10 fertilizer.

Soil analysis shall be performed when and where necessary. Fertilizer and/or other soil amendments are to be added as recommended by the laboratory performing the analysis. Costs for this analysis will be billed to City after receiving prior approval from Parks Manager.

S. Organic Soil Amendments and Mulches
Contractor will use only commercially available organic soil amendment or ground wood product that is nitrogen-stabilized, such as bark or sawdust. Shredded redwood bark shall not be used.

Wood chip mulch shall consist of clean wood chips that are compatible with what is presently on site.

Chips produced from tree trimmings containing leaves or small twigs are not considered acceptable unless authorized by the Parks Manager.

Any topsoil applied shall be a fertile, friable soil of loamy character that is capable of supporting healthy plant growth.

T. Debris Removal and Surface Cleanup
Contractor shall keep all landscaped areas, walkways, and building entrances/ exits free from trash and debris. All paper and trash at these job sites, including parking lots, shall be removed by Contractor. If there is a large and continual amount of trash, Contractor shall report it to the Parks Manager immediately.

Contractor is responsible for cleanup and disposal at his own expense of all debris, trimmings, clippings, etc., resulting from maintenance operations. Excessive leaves and litter (dead twigs, branches, leaves, bark, etc.) shall be removed as it accumulates in maintained areas. Tree wells in hardscape areas shall EXHITBIT A – SPECIFICATIONS FOR LANDSCAPE MAINTENANCE SERVICES PAGE 19 OF 31
be kept free of litter. Pine needles and tree debris which fall into ground cover areas must be removed weekly. Leaves and other organic material which might be useful in some landscape areas as mulch may be left in place upon prior approval of City’s representative.

Blowing of sidewalks, curbs, entrances, and parking areas will be done weekly. In cases where blowing is insufficient to clean up after the Contractor’s operations, the area will be washed down with a hose or swept. Cleanups may be required more often than weekly during some seasons.

Contractor shall be responsible for weekly parking lot sweeping, blowing, and removal of debris, clippings, leaves and trash within 5 feet of curb lines, planter curbs, sidewalk edges, and behind tire stops unless specified different for that site. Interior areas of parking lots will be swept by City street sweeper.

EXHIBIT A – GENERAL PROVISIONS
PAGE 20 OF 31

GENERAL PROVISIONS
I. Independent Contractor
It is understood and agreed that Contractor (including Contractor’s employees) is an independent Contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel shall be entitled to benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Agreement, and Contractor shall be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Contractor’s employees or third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefore exists for any purpose whatsoever reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement. (As used in these General Provisions, the term "Services" shall include both Services and Additional Services as such terms are defined elsewhere in this Agreement).

It is further understood and agreed by the parties hereto that Contractor, in performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Contractor for accomplishing such results.

If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Contractor’s assigned personnel and subcontractors.

The provisions of this Section shall survive any expiration or termination of this Agreement. Nothing in this Agreement shall be construed as to create an exclusive relationship between City and Contractor.

II. Laws to be Observed
It shall be the Contractor’s responsibility to be fully informed of all existing and future State and National Laws and all municipal ordinances and regulations of the City of Tulare which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

III. Alien Labor
The Contractor shall forfeit as penalty to the City of Tulare, ten dollars ($10.00) for each alien knowingly employed in the execution of the contract, by Contractor or by any subcontractor under Contractor on any part of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and, in particular, Sections 1850 and 1854 thereof, inclusive.

EXHIBIT A – GENERAL PROVISIONS
PAGE 21 OF 31
IV. Hours of Labor
The Contractor shall forfeit, as penalty to the City of Tulare, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract by Contractor, or by any subcontractor under Contractor, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and, in particular, Sections 1810 through 1815 thereof inclusive.

V. Labor Discrimination
No discrimination shall be made in employment of persons upon Public Works because of the race, color, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Chapter I of Part VII in accordance with the provisions of Section 1735 of the Labor Code.

VI. Prevailing Wage
The Contractor shall forfeit as penalty, to the City of Tulare fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under the attached contract, by Contractor, or by any subcontractor under Contractor, in violation of the provisions of the Labor Code and in particular Sections 1770 to 1781 thereof, inclusive.

The City of Tulare has ascertained the general prevailing rate of wages applicable to the work to be done as set forth in the Notice Inviting Bids.

VII. Licenses and Permits, Etc.

Contractor represents and warrants that Contractor has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Contractor to provide any Services under the Agreement. Contractor represents and warrants that Contractor, at its sole cost and expense, will keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for Contractor to provide such services. Without limiting the generality of the foregoing, if Contractor is an out-of-state corporation, Contractor warrants and represents it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

VIII. Time
Contractor shall devote such time to the performance of Services pursuant to this Agreement as may be necessary for satisfactory performance of Contractor obligations under this Agreement. Neither party shall be considered in default of this Agreement, nor be entitled to additional compensation, to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.

IX. Contractor Not Agent
Except as City may specify in writing, Contractor or Contractor’s personnel shall not have authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.

EXHIBIT A – GENERAL PROVISIONS
PAGE 22 OF 31
X. Confidentiality of City Information
During performance of this Agreement, Contractor may not gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, customer lists, product design, copyright, data and other vital information (hereafter, collectively referred to as "City Information”) which are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that Contractor may not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City information to any third party without the prior written consent of the City. A violation by Contractor of this Section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.

XI. Contractor Information
City shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by Contractor pursuant to this Agreement. In this Agreement, the term "information" shall be construed to include: any and all work product, submittals, reports, plans, specifications, deliverables consisting of documents, writings, handwritings, typewriting, printing, photocopying, photographing, computer models, and any other computer data and every other means of recording any form of information, communication representation, including letters, works, pictures, drawings, sounds or symbols, or any combination thereof. Contractor shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by City.

Contractor shall fully defend, indemnify, and hold harmless City, its officers, employees, and each and every one of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by Contractor pursuant to this Agreement infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. City shall make reasonable efforts to notify Contractor not later than ten (10) days after City is served with any such action, lawsuit or other proceeding, providing that City’s failure to provide within such time period shall not relieve Contractor of its obligations hereunder which shall survive any termination or expiration of this Agreement.

All proprietary and other information received from Contractor by City, whether received in connection with Contractor’s proposal to City or in connection with any services performed by Contractor, will be disclosed upon receipt of a request for disclosure, pursuant to the California Public Records Act; providing however, that, if any information provided to City is set apart and clearly marked "trade secrets", City shall give notice to Contractor of any required disclosure of such information. The Contractor shall then have five (5) days from the date it receives such notice to enter into an agreement with the City satisfactory to the City Attorney, providing for the defense of, and complete indemnification and reimbursement for all costs (including plaintiff’s attorney) incurred by City in any legal action to compel the disclosure of such information under the California Public Records Act. The Contractor shall have some responsibility for defense of the actual "trade secret" designation of such information.

The parties understand and agree that any failure by Contractor to respond to the above notice provided by City and/or to enter into an agreement with City shall constitute a complete waiver by Contractor of any rights regarding the information designated "trade secret" by Contractor, and such information shall be disclosed by City pursuant to applicable procedures required by the Public Records Act.

EXHIBIT A – GENERAL PROVISIONS
PAGE 23 OF 31
XII. Standard of Performance
Contractor shall assign only competent personnel to Services pursuant to this Agreement. Contractor shall notify City in writing of changes in Contractor’s staff assigned to perform the Services required under this Agreement, prior to any such performance. In the event that City, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Contractor to perform Services pursuant to this Agreement, because City in its sole discretion, determines that such person(s) is not performing adequately, Contractor shall remove such person(s) immediately upon receiving notice from City of the desire of City for the removal of such person(s).

XIII. Public Liability Insurance
As a condition precedent and prior to commencement of the work to be performed pursuant to this Agreement, the Contractor shall furnish the City of Tulare executed special endorsement forms for general liability, automobile liability, and workers compensation and employer's liability. The insurance requirements for Contractor together with the special endorsement forms, which the Contractor is expected to deliver, are annexed into this specification booklet and are considered a part of the contract. Said insurance requirements for Contractor require naming the City of Tulare, its officers, employees and agents as co-insured’s and shall protect them from claims for personal injury, death or property damage suffered by third persons or by officers, employees and agents of the Contractor, and arising out of or in connection with the work which is the subject of this Agreement.

Notwithstanding any inconsistent statement in the insurance policy or certificate or any subsequent endorsement attached thereto, the City of Tulare shall be insured or named as additionally insured, covering the work which is the subject of this Agreement, whether liability is attributable to the Contractor or to the passive or active negligence of the City of Tulare. Said insurance shall be in effect on the date the work is commenced and shall expire no sooner than one (1) year after the date on which the work is completed and accepted by the City of Tulare. The cost of providing this insurance requirement shall be borne by the Contractor.

All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that in the event of expiration, cancellation or any reduction in scope or coverage of such policies for any reason whatsoever, the City of Tulare shall be notified by registered mail, return receipt requested, giving it sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than thirty (30) days before the cancellation or any reduction in scope or coverage is effective.

XIV. Programming Work and Maintaining Traffic
The Contractor shall so conduct Contractor’s operations as to cause the least possible obstruction and inconvenience to the public.

The Contractor shall furnish, erect and maintain such fences, barriers, lights and signs as are necessary to give adequate warning to the public at all times that work is under construction and of any dangerous conditions to be encountered as a result thereof, and Contractor shall also erect and maintain such warning and directional signs as required by the Inspector.

Residents along the road or street shall be provided access to driveways, houses and buildings, as directed by the Public Works Inspector. Temporary crossings shall be provided and maintained in good condition.

Not more than one cross or intersecting street or road shall be closed at any one time without the approval of the Public Works Inspector. In order to protect the public from dust nuisance, or damage EXHIBIT A – GENERAL PROVISIONS
PAGE 24 OF 31
to property along the line of work, the Contractor shall adequately sprinkle the grade with water as often as necessary to control the dust.

XV. Registration of Contractors
Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code.

XVI. Patents
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work.

XVII. Term, Suspension, Termination
This Agreement shall become effective on the date that it is approved by both parties and shall continue in effect until both parties have fully performed their respective obligations under this Agreement, unless sooner terminated as provided herein.

City shall have the right at any time to temporarily suspend Contractor’s performance, hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice.

City shall have the right to terminate this Agreement at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering Services pursuant to this Agreement. If City terminates this Agreement:

1. Contractor shall promptly deliver to City copies of all information prepared pursuant to this Agreement.

2. City shall pay Contractor the reasonable value of Services rendered by Contractor prior to termination; provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had the Agreement not been terminated or had Contractor completed the Services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as is in the judgment of the City necessary for City to determine the reasonable value of the Services rendered by Contractor. The foregoing is cumulative and does not affect any right or remedy that City may have in law or equity.

XVIII. Indemnification
The Contractor hereby agrees to and shall protect, indemnify and hold harmless the City of Tulare and all officers, agents, representatives and employees thereof from any and all liability, claims or damages of whatsoever kind or character, including attorneys’ fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of the Contractors, Contractor's independent contractors, employees, representatives, agents and invitees, and the passive or active negligent acts or omissions of the City of Tulare or its officers, employees and agents while acting within the scope of their duties regarding the work to be performed pursuant to this Agreement. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims or liability. This Agreement shall be binding upon the Contractor whether or not there are any allegations of fault, negligence or liability of the indemnities hereunder.

EXHIBIT A – GENERAL PROVISIONS
PAGE 25 OF 31
The Contractor agrees that the use of any and all public streets and improvements, which are part of or subject to this Agreement shall be at all, times, prior to the final acceptance by the City of Tulare, the sole and exclusive risk of the Contractor. The Contractor further specifically agree that Contractor shall indemnify and hold free of any liability the City of Tulare for any accident, loss, or damage to the work which is the subject of this Agreement prior to its completion and acceptance by the city.

XIX. Entire Agreement
This document, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Tulare City Code.

XX. Severability
If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

XXI. Waiver
Neither City acceptance of, or payment for, any Service or Additional Service performed by Contractor, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

XXII. Enforcement of Agreement
This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Tulare County in the State of California, and the parties’ consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

XXIII. Assignment Prohibited
The expertise and experience of Contractor are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on Contractor under this Agreement. In recognition of this interest, Contractor shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

XXIV. Binding Effect
This Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the parties, subject to the General Provisions.

XXV. Contractor's Responsibility
Except as provided above, until the formal acceptance of the work by the City of Tulare, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage of any other cause whether arising from the execution or from the non-execution of the work. The Contractor shall EXHIBIT A – GENERAL PROVISIONS
PAGE 26 OF 31
rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the federal government or the public enemy.

XXVI. Responsibility of City
The City of Tulare shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 27 OF 31

EXHIBIT B

CONTRACTOR PROPOSAL

TO THE CITY OF TULARE
The undersigned declares that he has carefully examined the locations of the proposed work, that he has examined the plans and specifications and read the accompanying instructions to Contractors, and hereby proposes to do all the work required to complete said work in accordance with the plans, specifications, and special provisions for the unit or lump sum price set forth in the following schedule:

Route A ~ North
Del Lago (North, South, and Tesori), Willow Glen & Kensington Estates, Kensington Park, Willow Glen Park, Brighton & Cypress Estates, Farrar Estates, Academy Estates, Oak Creek, The Greens & KCOK Ranch Phase I.

The undersigned agrees to provide complete landscape maintenance for 12 months at the following areas for the following amounts:

LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 050-5006
Del Lago
Improvements includes 988,011 sq. ft.
of landscaping including turf and
planter areas and block walls and
sidewalks adjacent to the landscaped
areas located within the Del Lago
Specific Plan Area.

Tesori
Improvements includes 115,612 sq. ft.
of landscaping including turf and
planter areas and block walls and
sidewalks adjacent to the landscaped
areas located within the Del Lago
Specific Plan Area.
$15,464.17 $14,690.96 $13,144.54 $12,371.34 $11,598.13
050-5010
Academy Estates
Improvement includes 12,015 sq. ft. of
landscaping including planter areas and
block walls and sidewalks adjacent to
the landscaped areas and the TID canal,
landscaping along the drainage basin on
Academy and supplemental
preventative maintenance on local
streets within the District boundaries
located between Eastgate and
Academy, and between Aronian and
Mooney Blvd.
$169.67 $161.19 $144.22 $135.74 $127.26
050-5015
The Greens and
KCOK Ranch Phase I
Improvements includes 40,710 sq. ft. of
landscaping including turf and planter
areas and block walls and sidewalks
adjacent to the landscaped areas and
supplemental preventative
maintenance on local streets within the
District boundaries which includes
various subdivisions between Tulare
Ave and Prosperity Ave, east of Mooney
Blvd.
$770.06 $731.56 $654.55 $616.05 $577.55
EXHIBIT B – CONTRACTOR PROPOSAL
PAGE 28 OF 31

Page 2 ends

Contractor Proposal
Route A ~ North
LLD # Description LEVEL A LEVEL B LEVEL C LEVEL D LEVEL E 050-5021
Willow Glen, Kensington
Estates, Brighton, and Cypress
Improvements includes 417,775 sq. ft.
of landscaping including turf and
planter areas and block walls and
sidewalk adjacent to the landscape
areas, approximately 117, 912 sq. ft. of
neighborhood parks space, and
supplemental preventive maintenance
of local streets within the District
boundaries which includes various
subdivisions between Cartmill Ave. west
of Mooney Boulevard.
$3,525.98 $3,349.68 $2,997.08 $2,820.78 $2,644.48
050-5022
Oak Creek and The Greens
Subdivision
Improvements includes 7,441 sq. ft. of
planter area and sidewalk. Future
improvements will include 16,733 sq. ft.
of landscaping including turf and
planter areas and block walls and
sidewalk adjacent to the landscape
areas, approximately 61,233 sq. ft. of
storm drainage basin area, and
supplemental preventive maintenance
of local streets within the District
boundaries. The District is located along
eastside of Mooney Blvd. south of
Seminole Ave.
$192.11 $182.51 $163.30 $153.69 $144.09
050-5023
Farrar Estates
Future improvements will include
approximately 305,261 sq. ft. of
landscaping including turf and planter
areas, block walls, and sidewalks
adjacent to the landscape areas,
approximately 85,996 sq. ft. of storm
drainage basin area, and supplemental
preventive maintenance of local streets
within the district boundaries. The
District is located at the northwest
corner of Tulare Ave. and Morrison St.
$3,112.01 $2,956.41 $2,645.21 $2,489.61 $2,334.01
Instructions: Contractor is to bid each area within each Route at all five (5) levels of service (see page 22-23 for Levels of Service) at a monthly cost for the initial twelve months (dates). After the initial twelve months, the Contractor agrees to a calendar year increase based on Consumer Price Indexes for the remaining contract time period. The annual increase will occur on February 1 as described under Contract Price Adjustment, page 13. The City reserves the right to select the service for each district which will determine the bid price. Contractors are cautioned to make sure amounts are adequate for each level. Each quadrant bid will be awarded to a Contractor at a service level which will be determined by the City.

PROPOSALS MAY BE REJECTED BY THE CITY COUNCIL IF THEY SHOW ANY ALTERATION OF FORM, ADDITION NOT CALLED FOR, CONDITIONAL OR ALTERNATIVE BIDS, INCOMPLETE BIDS, ERASURES OR IRREGULARITIES OF ANY KIND. THE RIGHT IS RESERVED BY THE CITY COUNCIL TO REJECT ALL PROPOSALS AND TO WAIVE ANY IRREGULARITIES IN ANY BID AT ITS DISCRETION.

EXHIBIT A – GENERAL PROVISIONS
PAGE 29 OF 31

Page 3 ends

Contractor Proposal
Route A ~ North
Location Turf sq. ft. Planter sq. ft. Hardscape sq. ft
Del Lago 330,372 657,639 0
Tesori 33,396 0 82,216
Academy Estates 4,059 7,956 0
The Greens/KCOK Ranch Ph. 1 4,807 35,903 0
Willow Glen/Kensington Estates
Brighton/Cypress
117,912 141,148 69,360
Oak Creek/The Greens 4,058 0 3,384
Farrar Estates 0 197,184 108,077
TOTA 494,604 sq. ft. 1,039,830 sq. ft. 263,037 sq. ft.

Turf Square Feet:
494,604 x $ 0.17961 per Sq. Ft. per Yr. = $ 88,837.57 Per Year Planter Square Feet:
1,039,830 x $ 0.13607 per Sq. Ft. per Yr. = $ 141,488.30 Per Year Hardscape Square Feet:
263,037 x $ 0.18432 per Sq. Ft. per Yr. = $ 48,482.27 Per Year Route A ~ North
TOTAL YEARLY COST = $ 278,808.14 Per Year
Additional Unit Prices
As new areas are completed or other areas requiring maintenance, they may be added to the existing contract. All work is to be performed per the City of Tulare Maintenance Specifications. Show unit costs below:

Item Quantity Unit Cost
Annual Flowers – per specifications Per Flat $ 50.00
Extra Work not included as Part of Contract Cost per hour $ 55.00

Contractor
David Moo_______________________________
(Owners)
BrightView Landscape Services, Inc.___________
(Firm Name)
6601 W. Goshen Avenue____________________
(Address)
Visalia, CA ______________________93291____
(City) (Zip)
________________________________________
(Signature)
EXHIBIT C – MAP ROUTE
PAGE 30 OF 31

EXHIBIT C

MAP ROUTE

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE B

Page 1 of 32 ends

CITY OF TULARE

PROFESSIONAL LANDSCAPE MAINTENANCE CONTRACTOR

AGREEMENT FOR ROUTE B
This Agreement is entered into this 1st day of February 2024, by and between Perfect Care Landscape & Maintenance, hereinafter referred to as “Contractor” and the City of Tulare, a chartered city of the State of California, hereinafter referred to as “City.” The term “Contractor” as used in this agreement shall mean the Contractor, his agents, employees, representatives, and subcontractors.

2. PLACE OF PERFORMANCE. Contractor shall perform all required services at the locations described in Exhibit B (description and map).

6. SATISFACTION OF CITY. Maintenance services performed by Contractor shall be performed to the satisfaction of the Community Services Director or designated representative.

Serious violations in this regard may result in deletion of site(s) from contract and/or, the termination of this Agreement.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE B

Page 2 of 32 ends

other security to remain in full force and effect for the duration of this Agreement and for sixty (60) days beyond the termination of this Agreement.

10. CONTRACTOR IS AN INDEPENDENT CONTRACTOR. The parties intend that the Contractor in performing the services herein specified shall act as an independent contractor and shall have control of his work and the manner in which it is performed. Contractor is not to be considered an agent or employee of the City, and is not entitled to participate in any pension plans, or similar benefits, including workers’ compensation, that the City provides for its employees.

A. Yearly Compensation. The total yearly compensation payable to Contractor for performance of maintenance services pursuant to this Agreement shall be $141,215.28 for 12 months.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE B

Page 3 of 32 ends

14. MINIMUM LIABILITY AND INSURANCE.

Minimum Insurance Coverage

2. Automobile Liability
a. Limits of Liability are to be not less than $2,000,000 per accident for bodily injury and property damage.

PROFESSIONAL LANDSCAPE MAINTENANCE CONSUTANT AGREEMENT FOR ROUTE B

Page 4 of 32 ends