Agenda packet — Tulare City Council, January 16, 2024

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, January 16, 2024
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 January 16, 2024 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. PUBLIC COMMENT - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item.

3. STUDY SESSION

3.1 Review of Municipal Code Sections.

Recommended Action: Review and provide direction to staff in regard to possible revisions to Municipal Code sections related to abandoned and wrecked vehicles and nuisances. [M. Correa]

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

5. CALL TO ORDER REGULAR MEETING

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

7. PROCLAMATIONS & RECOGNITIONS

7.1 Recognize the Mission Oak High School Football Team

7.2 Recognize Outgoing Board, Commission, and Committee Members

8. 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.

9. 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.

10. COUNCIL REPORTS AND ITEMS OF INTEREST
6:00 p.m. – SPECIAL MEETING
City Council Agenda – Special and Regular Meetings January 16, 2024 City of Tulare Page 3

11. 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.

11.1 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.

11.2 Special and/or Regular Meeting Minutes of December 19, 2023.

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

11.3 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for November 2023. [M. Gaboardi]

11.4 Letter of Support for TCAG Grant Application.

11.5 Approval for Access to Sales and Use Tax Records.

Recommended Action: Adopt a resolution authorizing certain City officials and contracted City consultants, namely Eight20 Consulting dba ZacTax, access to sales and use tax records of City of Tulare pursuant to California Revenue Taxation Code Section 7056 for the purpose of conducting a study of development patterns and key interchanges along Highway 99 to assist with future economic development planning efforts at and around the new International Agri-Center Way interchange to be completed in 2025 [T. Myers]

11.6 Cartmill Commons Preliminary Storm Basin Oversize Agreement.

11.7 Police Department Citizen Complaint Review Board Annual Report.

Recommended Action: Accept the Police Department Citizen Complaint Review Board annual report for calendar year 2023. [M. Comfort]

11.8 Vehicle Purchase for the Police Department.

11.9 On-Call Aviation and Engineering Services Agreement.

Recommended Action: Approve Kimley-Horn as a pre-qualified consultant for on-call aviation consulting and engineering services; and authorize the City Manager to enter into a Professional Service Agreement with Kimley-Horn, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, for an initial three-year period with an option to renew for an additional two years. [M.

Correa and M. Powers]

11.10 New Fire Engine Purchase.

12. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council.

12.1 Landscape Maintenance District 2024-01.

Recommended Action: Adopt a resolution establishing Assessment District 2024-01 for the Wild Oak subdivision, and ordering associated public improvements for the district. [M. Miller]

12.2 Landscape Maintenance District 2024-02.

Recommended Action: Adopt a resolution establishing Assessment District 2024-02 for the Fulton Estates subdivision, and ordering associated public improvements for the district. [M. Miller]

13. 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.

13.1 Acceptance of Grant for Cycle Park.

Recommended Action: Adopt a resolution authorizing the City Manager to accept a grant (G23-03-04-G01) offer from the State of California Off Highway Motor Vehicle Recreation Division (OMHV) to the Tulare Cycle Park operating expenses not to exceed $477,024 for the year 2023 and to sign all applicable paperwork thereof. [M.

Correa]

13.2 Legislative Requests.

Recommended Action: Discuss and provide direction to staff in regard to various legislative requests. [M. Mondell]

14. FUTURE AGENDA ITEMS - NONE SUBMITTED

15. STAFF UPDATES

16. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, February 6, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City Council Agenda – Special and Regular Meetings January 16, 2024 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: Thursday, January 11, 2024
Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: January 16, 2024 Agenda Memo
Date: January 11, 2024
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. PUBLIC COMMENT - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item.

3. STUDY SESSION

3.1 Review of Municipal Code Sections.

Recommended Action: Review and provide direction to staff in regard to possible revisions to Municipal Code sections related to abandoned and wrecked vehicles and nuisances. [M. Correa]
Summary: The Code Enforcement Division would like to propose changes and/or additions to a few of the municipal codes that are commonly used to fight visual blight in the city. The changes would assist staff by giving the current municipal code sections a solid foundation for enforcement action and enhance the current code with the additions.

Proposed revisions include the following:

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Agenda Memo - January 16, 2024
c. Revising the Abandoned, Wrecked Vehicle code authority from the Police Chief or his/her designee to the City Manager or his/her designee. d. Add definitions to the code section to further define the following:
i. Abandoned Vehicle
ii. Dismantled Vehicle
iii. Inoperative Vehicle
iv. Wrecked Vehicle

2. TMC 7.28: NUISANCES GENERALLY
a. 7.28.020 add definitions of the following:
i. Abandoned Vehicle
ii. Dismantled Vehicle
iii. Inoperative Vehicle
iv. Wrecked Vehicle
b. 7.28.030(P)(5)(c) adding the following:
i. All operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored on an approved surface and in accordance with § 10.192.050 of Tulare City Code. (This addition would also give Code Enforcement the authority in the NUISANCE section in addition to ZONING.
ii. nor shall utility connections for water, sewer, or power electrical cords or any type of power cords extend from any such vehicle to a permanent structure for the purpose of receiving power to the vehicle for the purpose of maintaining human habitation.
iii. The addition of regulations for the storage of recreational vehicles. iv. The addition of 7.28.030(P)(5)(c)(1), which provides exceptions to parking on an approved surface.
c. The addition of 7.28.030(U). This section would regulate fences and walls, their maintenance, and the types of materials both approved and prohibited in their construction.
d. 7.28.090 Keeping of articles on sidewalks
i. Change the title of this section to Keeping of articles on and/or obstructing sidewalks.
ii. The addition of the following verbiage into this section: It is unlawful for any person to loiter, stand or sit in or upon any public highway, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner accost or molest persons passing along the same.

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Agenda Memo - January 16, 2024
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.

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

5. CALL TO ORDER REGULAR MEETING

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

7. PROCLAMATIONS & RECOGNITIONS [Time Estimate: 7:05-7:15 p.m.]

7.1 Recognize the Mission Oak High School Football Team

7.2 Recognize Outgoing Board, Commission, and Committee Members

9. 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.]

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

11.1 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.

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Agenda Memo - January 16, 2024

11.2 Special and/or Regular Meeting Minutes of December 19, 2023.

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

11.3 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for November 2023. [M. Gaboardi]
Summary: The investments report for November 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.

11.4 Letter of Support for TCAG Grant Application.

Recommended Action: Authorize the mayor to sign a letter of support for TCAG’s application for funding through the Caltrans Sustainable Transportation Planning Grant Program, Climate Adaptation Category, to develop and administer the Valley Transport Resiliency Advancement for Neighborhoods’ Sustainable Freight Movement (V-TRANSFRM) Study. [M. Miller]
Summary: The Tulare County Association of Governments (TCAG) proposes to apply for funding through the Caltrans Sustainable Transportation Planning Grant Program to develop and administer the Valley Transport Resiliency Advancement for Neighborhoods’ Sustainable Freight Movement (V-TRANSFRM) Study in partnership with the seven other San Joaquin Valley Metropolitan Planning Organizations (Valley MPOs).

The objective of this study is to assess the climate change vulnerabilities of the San Joaquin Valley corridor and resiliency connectors, and to leverage and advance critical projects that implement adaptive climate measures. The study will focus on three main components: 1) Vulnerability/Resiliency Assessment; 2) Adaptation Mitigation/Co-Benefit Analysis; and 3) Expedite Implementation. Partners and collaborators will include local disadvantaged communities, stakeholders, and agencies including Caltrans Districts 6 & 10, and the 8-San Joaquin Valley MPOs to ensure that the adaptation measures are effective. The goal is to expedite implementation of climate adaptation mitigation, reduce impacts of extreme weather events while enhancing freight transportation resilience and realizing the co-benefits for all communities in this economically disadvantaged corridor.

A draft letter of support has been provided by TCAG and is attached for Council’s consideration.

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

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Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes - Staff would incorporate any requested changes into the final letters of support; 2) Deny - Improvements identified in the proposed V-TRANSFRM Study would either directly or indirectly benefit the City of Tulare. Denial of the request for letters of support could negatively impact the decisions of Caltrans and the California Transportation Commission to approve TCAG’s application for funding through the Sustainable Transportation Planning Grant Program; or 3) Table - TCAG has requested that letters of support be received as soon as possible to ensure their inclusion in their grant application package.

11.5 Approval for Access to Sales and Use Tax Records.

Anticipated completion of the new interchange is expected in 2025.

The purpose of the project is to improve transportation operational performance of a new interchange consistent with the goals of Caltrans, TCAG, the City of Tulare, and private industry. The project will relieve future traffic congestion on the mainline freeway and local roads, improve safety, and enhance the movement of public traffic and goods.

As a result of this project, the City will have available hundreds of vacant new retail, commercial, and industrial properties for attraction of new industry to the City, which will generate new tax revenue and job creation for the citizens in our community.

To assist with these efforts, the City has engaged the firm of Eight20 Consulting dba ZacTax to conduct a study of development patterns at key interchanges along Highway 99 and provide a Land Use Assumption and Economic Impact Analysis tailored to the City of Tulare, to include but not be limited to, a revenue and expenditure impact analysis for the surrounding project area.

In order to provide custom reports for the City of Tulare, it is necessary for the Consultant to be allowed access to the City’s confidential sales and use tax data. To be able to access this information, it is required the Tulare City Council adopt a resolution authorizing the California Department of Tax and Fee Administration (CDFTA) to release said information to Consultant. For comparison interchanges, Consultant will work with the CDFTA to gain access to the greatest level of detail of Tulare City Council Page 6
Agenda Memo - January 16, 2024
sales tax data that is publicly available for jurisdictions in which the comparison interchanges are located.

In concern with ongoing economic development efforts throughout the City of Tulare, staff is recommending Council adopt a resolution authorizing certain City officials and contracted City consultants, namely Eight20 Consulting dba ZacTax, access to sales and use tax records of City of Tulare pursuant to California Revenue Taxation Code Section 7056 for the purpose of conducting a study of development patterns and key interchanges along highway 99 to assist with future economic development planning efforts at and around the new International Agri-Center Way interchange to be completed in 2025.

Fiscal Impact & Funding Source(s): A mid-year adjustment of approximately/not to exceed amount of $30,000 will be included in account number 001-4040-2017.

Legal Review: This item does not require legal review.

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

11.6 Cartmill Commons Preliminary Storm Basin 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 restore the existing City basin located directly south of the proposed project to its original condition and repair/replace portions of the regional storm drain system that were partially constructed but left uncompleted by a previous development. These storm drain basin improvements are required to serve regional needs beyond what is required for just this development. Costs associated with the supplemental size and capacity are eligible for oversized construction reimbursement in accordance with Chapter 8.64 of the Municipal Code.

The attached preliminary oversize construction reimbursement agreement for storm drain basin improvements identifies work to be completed by the Developer, at the City’s request, for the benefit of the City’s overall storm drain system. The preliminary oversize construction reimbursement agreement identifies work that is reimbursable under the City’s oversize reimbursement policy and specifies that the City will reimburse the developer for their eligible expenditures within 45 days of a Notice of Completion being filed for the work, provided that all documentation necessary to verify the eligibility of reimbursable costs has been submitted to and approved by the City Engineer.

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

DIF Storm Drain Facilities – Principal / #001-4751-8206.

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Legal Review: The City Attorney has reviewed and approved as to form the template used to create the proposed preliminary storm basin oversize reimbursement agreement.

Alternative Action: 1) Approve with changes - would delay the installation of offsite improvements required for the proposed Cartmill Commons commercial development; 2) Deny - would be contrary to established City policy and would result in significant financial impacts to the developer; or 3) Table - would delay the installation of offsite improvements required for the proposed Cartmill Commons commercial development.

11.7 Police Department Citizen Complaint Review Board Annual Report.

Recommended Action: Accept the Police Department Citizen Complaint Review Board annual report for calendar year 2023. [M. Comfort] Summary: On January 18, 1994, the City Council adopted Ordinance 1722 establishing a Police Department Citizen Complaint Review Board. The Ordinance requires an annual reporting to the City Council.

The Board is charged with the responsibility to review the Police Department’s investigation of citizen complaints and provide an independent review to the Police Chief. The intention is to ensure continued and ongoing public confidence in the Police Department personnel and Police Department operations.

Together, the Police Department and the City Clerk’s Office received eight complaint forms during the year. Attached is the annual report for calendar year 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.

11.8 Vehicle Purchase for the Police Department.

Recommended Action: Award the purchase of two new/unused 2024 Ford F-150 trucks to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $97,993.52, which includes all fees, tax, and shipping. [T. Whitfield]
Summary: The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase two new/unused 2024 Ford F-150 trucks from National Auto Fleet Group, of Watsonville, CA in the amount of $97,993.52.

The proposed trucks are replacement units and are as follows:

Replacement
Unit New vehicle Cost Total budget
Police Unit #356 2024 Ford F-150 $48,996.76 $60,000
Police Unit #358 2024 Ford F-150 $48,996.76 $60,000
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These vehicles are replacing two 2008 Chevrolet Silverado trucks currently being used by the Community Service Officers (CSO’s) and were to be requested for replacement in the FY 2024/25 Fleet Replacement budget in the amount of $60,000 each. With the current availability of Ford F-150 trucks through Sourcewell, the Police Department requested approval to get the trucks ordered now, understanding that it takes 6-9 months to receive the new vehicles. The remaining budgets left on the trucks will be used to finish outfitting the trucks for service.

The Fleet Superintendent made contact and was able to get a quote for the trucks on December 21, 2023. Due to the time constraints, the Assistant City Manager approved the issuance of a purchase order to secure the truck. If the Council does not approve this item, the build will be canceled, and we will have to wait for the next availability of trucks through the National Auto Fleet Group.

Fiscal Impact & Funding Source(s): Funding for the purchase of the vehicles will come from the Fleet Replacement Funds for Police (Fund 604).

Legal Review: This item does not require review by the City Attorney’s office.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If not approved, the order will be canceled, and we will have to wait for the next ordering opportunity or bid the vehicle separately.

11.9 On-Call Aviation and Engineering Services Agreement.

Correa and M. Powers]
Summary: The City of Tulare has operated Mefford Field for a number of years and has, and will continue to, improve the airport to better serve the community. Mefford Field is a General Aviation Airport used by private and commercial interests. Fuel, restrooms, and hangars are available.

The City has worked with the Federal Aviation Administration and Caltrans Aeronautics to provide a safe airport in compliance with Federal and State laws and requirements. The City has also worked with these agencies to receive funding for maintenance and improvements and seeks to continue to do so. In order to continue making Mefford Field a viable airport, the City has worked with consultants on the business model of the airport as well as designed improvements for the betterment of the airport.

The City recently issued a Request for Qualifications (RFQ) for aviation consulting and engineering services. Two vendors responded. The responses were evaluated by staff Tulare City Council Page 9
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pursuant to the scoring matrix included in the RFQ. After evaluation, Kimley-Horn was the highest rated respondent.

Fiscal Impact & Funding Source(s): This contract will be funded by Account 005- 4552-2017 Professional and Technical Services $20,000; Grants.

Legal Review: The Agreement is based upon our standard model approved by the City Attorney, and the Agreement will be reviewed during the signing phase.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. Delays in taking action will result in delays in evaluating our current needs and designing and implementing improvements to the airport.

11.10 New Fire Engine Purchase.

Recommended Action: Authorize the City Manager, or designee, to issue a City Purchase Order in the amount of $1,046,405.29 for the purchase of a new fire engine from Golden State Fire Apparatus Inc, Sacramento, Ca. [M. Ott] Summary: The fire engine is one of the most critical pieces of equipment, second to the firefighters who operate it. These apparatuses are maintained like race cars and sometimes driven the same to respond safely and swiftly to the calls from our citizens and visitors. But, like all equipment they get worn down, maintenance cost goes up, and need to be replaced or push down into reserve status.

This new fire engine purchase will replace the frontline Engine 61 which is housed at Fire Station 61 and move it to a reserve status. Current Engine 61 will replace one of three reserve engines which are 20 years old, causing a surplus that will need to be auctioned off.

The Fire Department was graciously given a $1M grant from the State of California courtesy of Senator Melissa Hurtado, advocating to assist in the purchase of a new fire engine.

There are two payment options listed in the bid, Option A – which is a 100% prepayment of $1,046,405.29 or Option B – which is a 100% payment upon delivery of $1,225,153.66. Purchasing the fire engine with option A will save the city and its taxpayers $178,748.37. Additionally, with option A, considering use of the $1M grant, the city’s cost for the fire engine is $46,405.29. Whereas with option B, the city’s cost is $225,153.66. The Fire Department recommends that City Council approve option A.

Fiscal Impact & Funding Source(s): State Grant – 001-3317-030 - $1,000,000; General Fund Reserve - $13,465.29; Fleet Replacement Fund Fire Reserve - $32,941 Legal Review: Complete
Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table.

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12. PUBLIC HEARINGS - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of 30 minutes per item, unless otherwise extended by the Council. [Time Estimate: 8:00-8:30 p.m.]

12.1 Landscape Maintenance District 2024-01.

Recommended Action: Adopt a resolution establishing Assessment District 2024-01 for the Wild Oak subdivision, and ordering associated public improvements for the district. [M. Miller]
Summary: Attached is a resolution to establish a new landscape maintenance district.

This new district will provide for maintenance of local streets within the developments, maintenance of landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common lot areas, and maintenance of neighborhood park and playground equipment. With this new district, the following maintenance activities are specifically included:
• Assessments are subject to yearly increases in the Consumer Pricing Index (CPI).
• Common lot sidewalk repairs due to accidents, ground settlement, tree damage, or vandalism.
• Graffiti Abatement.
• Common lot landscape and irrigation maintenance.
• Block wall maintenance.
• Routine maintenance and life-cycle replacement of neighborhood park and playground equipment.
• Local street maintenance within the assessment district boundaries.

The attached engineers report outlines the procedural costs and location of the district.

The recommended benefit assessment of $542.00 per single-family equivalent represents a full-build out scenario of 83 single-family lots in accordance with the approved tentative subdivision map of Wild Oak. As previously indicated, benefit assessments are subject to annual increases based upon the Consumer Pricing Index (CPI). A public hearing to receive public comment regarding the establishment of the district and proposed assessment is required.

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

Legal Review: None.

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 boundaries; or 3) Table - could delay the processing and approval of the pending Wild Oak subdivision final map.

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12.2 Landscape Maintenance District 2024-02.

Recommended Action: Adopt a resolution establishing Assessment District 2024-02 for the Fulton Estates subdivision, and ordering associated public improvements for the district. [M. Miller]
Summary: Attached is a resolution to establish a new landscape maintenance district.

The attached engineers report outlines the procedural costs and location of the district.

The recommended benefit assessment of $332.00 per single-family equivalent represents a full-build out scenario of 184 single-family lots in accordance with the approved tentative subdivision map of Fulton Estates. As previously indicated, benefit assessments are subject to annual increases based upon the Consumer Pricing Index (CPI). A public hearing to receive public comment regarding the establishment of the district and proposed assessment is required.

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

Legal Review: None.

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.

13. 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: 8:30-9:20 p.m.]
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13.1 Acceptance of Grant for Cycle Park.

Correa]
Summary: A lease agreement with TEMMERMAN CORP ("Operator") aka DT1 MX Cycle Park was entered into for the operation of the Tulare Cycle Park on January 1, 2019, for five years. Staff is currently working on a lease renewal which will be brought to Council for approval in February.

A request has been made by the operator and approved by the OHMV for a Grant in the amount not to exceed $477,024 for reimbursement of a portion of its operating expenses for the year 2023 which requires the City to administer as a Grant sponsor.

The City will administer the Grant in accordance with the Grant Partnership Agreement (Agreement) authorized by adopting the attached resolution and will charge an 8% administrative service fee as agreed as sponsor.

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

Legal Review: The Agreement is based upon the City’s standard model approved by the City Attorney, and the Agreement will be reviewed during the signing phase.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. Delays in taking action will result in delays in receiving the funds from the State for the Cycle Park.

13.2 Legislative Requests.

Recommended Action: Discuss and provide direction to staff in regard to various legislative requests. [M. Mondell]

14. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:20-9:20 p.m.]

15. STAFF UPDATES [Time Estimate: 9:20-9:25 p.m.]

16. ADJOURN REGULAR MEETING
The next regularly scheduled meeting of the Tulare City Council is Tuesday, February 6, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa
Agenda Title: Review of Municipal Code Sections

RECOMMENDED ACTION
Review and provide direction to staff in regard to possible revisions to Municipal Code sections related to abandoned and wrecked vehicles and nuisances.

SUMMARY
The Code Enforcement Division would like to propose changes and/or additions to a few of the municipal codes that are commonly used to fight visual blight in the city. The changes would assist staff by giving the current municipal code sections a solid foundation for enforcement action and enhance the current code with the additions.

Proposed revisions include the following:

1. TMC 4.36: ABANDONED, WRECKED VEHICLES
a. This code section would be moved from Chapter 4: BUILDING REGULATIONS to Chapter 7: HEALTH AND SANITATION.
b. Revising the title of the section to read: ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE VEHICLES ON PRIVATE PROPERTY. c. Revising the Abandoned, Wrecked Vehicle code authority from the Police Chief or his/her designee to the City Manager or his/her designee. d. Add definitions to the code section to further define the following:
i. Abandoned Vehicle
ii. Dismantled Vehicle
iii. Inoperative Vehicle
iv. Wrecked Vehicle

2. TMC 7.28: NUISANCES GENERALLY
a. 7.28.020 add definitions of the following:
i. Abandoned Vehicle
ii. Dismantled Vehicle
iii. Inoperative Vehicle
iv. Wrecked Vehicle
Item #: 3.1
Study Session

3.1 Study Session Page 1
b. 7.28.030(P)(5)(c) adding the following:
i. All operable vehicles, recreational vehicles, motor homes, trailers, campers or camper shells and boats shall be parked or stored on an approved surface and in accordance with § 10.192.050 of Tulare City Code. (This addition would also give Code Enforcement the authority in the NUISANCE section in addition to ZONING.
ii. nor shall utility connections for water, sewer, or power electrical cords or any type of power cords extend from any such vehicle to a permanent structure for the purpose of receiving power to the vehicle for the purpose of maintaining human habitation.
iii. The addition of regulations for the storage of recreational vehicles. iv. The addition of 7.28.030(P)(5)(c)(1), which provides exceptions to parking on an approved surface.
c. The addition of 7.28.030(U). This section would regulate fences and walls, their maintenance, and the types of materials both approved and prohibited in their construction.
d. 7.28.090 Keeping of articles on sidewalks
i. Change the title of this section to Keeping of articles on and/or obstructing sidewalks.
ii. The addition of the following verbiage into this section: It is unlawful for any person to loiter, stand or sit in or upon any public highway, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner accost or molest persons passing along the same.

FISCAL IMPACT & FUNDING SOURCE(S)
There is not fiscal impact associated with this action.

LEGAL REVIEW
City Attorney’s review will be necessary following Council direction for revisions.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS
None
Reviewed/Approved:

3.1 Study Session Page 2
City of Tulare Page 1

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, December 19, 2023
6:00 p.m. - Special Meeting
7:00 p.m. - Regular Meeting
COUNCIL PRESENT: Mayor Terry A. Sayre
Vice Mayor Patrick Isherwood
Councilmember Jose Sigala
Councilmember Stephen C. Harrell
Councilmember Dennis A. Mederos
STAFF PRESENT: City Manager Marc Mondell; City Attorney Mario 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; Human Resources Director Shonna Oneal; Human Resources Director Janice Avila; Community Development Director Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers;
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 6:05 p.m. in the Council Chamber located at 491 North M Street.

2. STUDY SESSION

2.1 Stationary Mobile Vendors & Vendor Stands.

Recommended Action: Review and discuss options related to stationary mobile vendors.

Presented By: Community Development Director Mario Anaya Public Comment: None
Council Action: It was the consensus of Council to direct staff to look into providing signage to authorized vendors to display in the vehicle or stand and to work on tightening up and making clear what the property owners’ responsibilities are. There was not a consensus at this time to look into revising the distance requirements.

3. ADJOURN SPECIAL MEETING
The special meeting was adjourned at 7:13 p.m.

Item #: 11.2
Consent
City Council Meeting Minutes December 19, 2023
City of Tulare Page 2

4. CALL TO ORDER REGULAR MEETING
Mayor Sayre called to order the regular meeting of the Tulare City Council at 7:26 p.m. in the Council Chamber located at 491 North M Street.

5. PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Sigala led the Pledge of Allegiance, and an invocation was given by Susan Henard, Pastor of River Valley Church.

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
The following provided public comment: John Harmon expressed his appreciation to the City for their efforts in making the Christmas parade a success.

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

9. COUNCIL REPORTS AND ITEMS OF INTEREST

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

Council reported out on recent events and discussed items of interest.

10. CONSENT CALENDAR
Items 10.5 and 10.6 were removed from the Consent Calendar by Council.

It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the items on the Consent Calendar as presented except for items 10.5 and 10.6.

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]
City Council Meeting Minutes December 19, 2023
City of Tulare Page 3

10.4 Cartmill Commons Preliminary Oversize Agreement.

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]

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]

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]

10.10 Investments Report.

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

PULLED CONSENT CALENDAR ITEMS

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]
Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

City Council Meeting Minutes December 19, 2023
City of Tulare Page 4

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]
Council Action: Councilmember Sigala pulled this item for clarification. It was moved by Vice Mayor Isherwood and seconded by Mayor Sayre to approve the item as presented. Mayor Sayre called for a roll call vote.

AYES: Vice Mayor Isherwood, Mayor Sayre, Councilmember
Harrell, Councilmember Mederos
NOES: Councilmember Sigala
MOTION PASSED 4-1

11. GENERAL BUSINESS

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, 2027, and/or direct staff to continue to solicit applications.

Presented By: Chief Deputy City Clerk Melissa Hermann
Public Comment: None
Council Action: Mayor Sayre appointed Cris Colson, Robert Smith, and Alma Serrano to the Aviation Committee. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the appointments.

Mayor Sayre appointed Renee Soto, Tony Sozinho, and Brian Nunes to the Board of Public Utilities Commissioners. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the appointments.

Councilmember Sigala appointed Celeste Galeno to the Committee on Aging.

Mayor Sayre appointed Ralph Cantu to the Committee on Aging. It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the appointments.

Councilmember Mederos appointed Jonathon Juarez to the Measure I Citizen Oversight Committee. Mayor Sayre appointed Jaime Mendez to the Measure I Citizen Oversight Committee. It was moved by Councilmember Mederos, seconded by Councilmember Sigala, and unanimously carried to approve the appointments.

Councilmember Sigala appointed Lupe Mendoza, Mayor Sayre appointed W.

Eric Farrenkopf, Councilmember Harrell appointed Nicholas Sherwood, and Councilmember Mederos appointed Armando Da Silva to the Parks and Recreation Commission. It was moved by Councilmember Mederos, seconded City Council Meeting Minutes December 19, 2023
City of Tulare Page 5
by Councilmember Sigala, and unanimously carried to approve the appointments.

Mayor Sayre appointed Susan Henard, Councilmember Mederos appointed Sandra Miller, and Vice Mayor Isherwood appointed Charles Miguel to the Planning Commission. It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and unanimously carried to approve the appointments.

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).

Presented By: Community Development Director Mario Anaya Public Comment: Chris Harrell and Michael Limas expressed their support.

Council Action: It was moved by Councilmember Harrell, seconded by Councilmember Mederos, and unanimously carried to authorize the Community Development Director to prepare the Historic Resource Designation application form and begin taking designation application requests and to ensure that the Planning Commission establishes a citizen advisory committee made up of downtown businesspeople and citizens to provide input to the Planning Commission.

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.

Presented By: Community Services Director Jason Glick
Public Comment: None
Council Action: It was moved by Vice Mayor Isherwood, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

12. FUTURE AGENDA ITEMS

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

Recommended Action: Mayor Sayre called for a roll call vote.

AYES: Councilmember Harrell, Vice Mayor Isherwood
NOES: Councilmember Sigala, Councilmember Mederos, Mayor Sayre
MOTION FAILED 2-3

13. STAFF UPDATES
Staff provided updates on department activities.

City Council Meeting Minutes December 19, 2023
City of Tulare Page 6

14. ADJOURN REGULAR MEETING
The regular meeting was adjourned at 9:48 p.m.

Approved by Council: January 16, 2024

TERRY A. SAYRE, MAYOR
ATTEST:

MARC MONDELL, CITY CLERK
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Finance
Submitted by: Melanie Gaboardi, Assistant Finance Director, Interim CFO Agenda Title: Monthly Investments Report

RECOMMENDED ACTION
Accept the monthly investments report for November 2023.

SUMMARY
The investments report for November 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 did not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. November 2023 Investments Report
Reviewed/Approved:

Item #: 11.3
Consent

11.3 Consent Page 1

11.3 Consent Page 2 ATTACHMENT 1

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

SUMMARY OF UNRESTRICTED INVESTMENTS

UNREALIZED ESTIMATED BOOK
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS: VALUE
ISSUER OF ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL % OF TYPE OF INVESTMENT INVESTMENT MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U/I~ Petty Cash N/A N/A N/A N/A 12,900 N/A N/A 0.01%
N/A None 12,900 N/A N/A
Checking Account - City Wells Fargo Bank N/A N/A N/A 30,217,025 N/A N/A 13.47% On Demand None 30,217,025 N/A N/A
Balance per bank is $
Local Agency Investment Fund (LAIF) State of California Various N/A N/A 36,208,699 (495,779) 1,391,500 16.14% On Demand 3.843% * 35,712,920 (491,348) 115,958
Sub-Total N/A N/A 66,438,624 (495,779) 1,391,500 29.62%

2.110% 65,942,845 (491,348) 115,958
Per BNY WTC
Fixed Income Investments Various (See page 4-7) N/A N/A 157,868,056 (13,038,477) 1,308,760 70.38% Investments in Safekeeping With BNY Western Trust Company 0.900% 144,829,579 (14,830,804) 109,063 TOTAL UNRESTRICTED INVESTMENTS N/A N/A 224,306,680 (13,534,256) 2,700,260 100.00%

1.281% 210,772,423 (15,322,152) 225,022
* LAIF market values are based on the most currently available amortized cost information - September 30, 2023: 0.986307739 ~ U/I = Unrestricted Investments November 30, 2023
2 T:\Finance\Investment Reports\2023-2024 Investment Reports\05 - November 2023 Investment report.xls

11.3 Consent Page 3

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

SUMMARY OF RESTRICTED INVESTMENTS

BALANCES

ACQUISITION MATURITY STATED PAR BOOK MARKET AS-OF

TYPE OF INVESTMENT ISSUER OF INVESTMENT DATE DATE INTEREST RATE VALUE VALUE VALUE DATE Bond Funds (All are Managed by U.S. Bank Trust Except LAIF):
2018 Lease Revenue and Refunding Bonds (Account No. 244938000) First American Govt Fd U.S. Bank Trust Various On Demand Various N/A 3,445,135 3,445,135 11-30-23 Reserve Fund 3,445,135 3,445,135
2015 Sewer Revenue Refunding Bonds (Account No. 261594000) First American Govt Fd U.S. Bank Trust Various On Demand Various N/A 207,367 207,367 11-30-23 First American Govt Fd U.S. Bank Trust Various N/A 49,340 49,340 11-30-23 Reserve Fund
Investment Repuchase GIC Bayerische Landesbank 11-15-15 11-15-25 1.960% N/A 5,032,685 5,032,685 11-30-23 Reserve Fund 5,289,392 5,289,392
2016 Sewer Revenue Refunding Bonds (Account No. 231687000) U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 16 16 11-30-23 16 16
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 18,378 18,378 11-30-23 18,378 18,378
2017 Water Revenue Bonds (Account No. 219189000)
U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 745,454 745,454 11-30-23 745,454 745,454
2020 Water Revenue Bonds (Account No. 250953000)
U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 6,784,994 6,784,994 11-30-23 6,784,994 6,784,994
2017 Successor Agency Tax Allocation Bonds - Series A & B (Account No. 245346000) U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 7 7 11-30-23 7 7
TOTAL RESTRICTED INVESTMENTS Book Value % of Total Investments = 6.77% 16,283,376 16,283,376 November 30, 2023
3 T:\Finance\Investment Reports\2023-2024 Investment Reports\05 - November 2023 Investment report.xls

11.3 Consent Page 4

UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:

TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL

CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS
** Per BNY WTC
Federal Farm Credit Bks Funding Corp 06-17-20 0.580% 2,000,000 2,000,000 (49,940) 11,600 3133ELJ47 06-17-24 C 0.590% 1,950,060 (60,140) 967
Federal National Mortgage Assn 08-25-20 0.520% 2,000,000 2,000,000 (111,860) 10,400 3136G4T52 02-25-25 C 0.550% 1,888,140 (125,460) 867
Federal National Mortgage Assn 08-27-20 0.600% 2,000,000 2,000,000 (126,760) 12,000 3136G4U50 05-27-25 C 0.640% 1,873,240 (142,420) 1,000
Federal Home Loan Mtg Corp 06-03-20 0.750% 2,000,000 2,000,000 (127,740) 15,000 3134GVVX3 05-28-25 C 0.800% 1,872,260 (138,160) 1,250
Federal Home Loan Mtg Corp 06-10-20 0.700% 2,000,000 2,000,000 (132,080) 14,000 3134GVB56 06-10-25 C 0.750% 1,867,920 (142,440) 1,167
Federal Home Loan Banks 06-24-20 0.750% 868,056 868,056 (55,217) 6,510 3130AJRE1 06-24-25 C 0.800% 812,839 (62,344) 543
Federal Home Loan Mtg Corp 06-30-20 0.800% 2,000,000 2,000,000 (126,520) 16,000 3134GVT65 06-30-25 C 0.850% 1,873,480 (143,040) 1,333
Federal National Mortgage Assn 07-15-20 0.730% 2,000,000 2,000,000 (131,460) 14,600 3136G4YU1 07-15-25 C 0.780% 1,868,540 (148,360) 1,217
Federal National Mortgage Assn 08-26-20 0.500% 2,000,000 2,000,000 (143,360) 10,000 3136G42E2 08-26-25 C 0.540% 1,856,640 (161,660) 833
Federal Home Loan Mtg Corp 09-30-20 0.500% 2,500,000 2,500,000 (189,050) 12,500 3134GWUE4 09-30-25 C 0.540% 2,310,950 (213,300) 1,042
Federal Home Loan Mtg Corp 09-30-20 0.520% 2,500,000 2,500,000 (188,175) 13,000 3134GWUV6 09-30-25 C 0.560% 2,311,825 (212,400) 1,083
Federal Home Loan Mtg Corp 10-02-20 0.550% 3,000,000 3,000,000 (224,760) 16,500 3134GWX43 10-02-25 C 0.590% 2,775,240 (253,920) 1,375
Federal Home Loan Mtg Corp 10-15-20 0.550% 3,000,000 3,000,000 (227,670) 16,500 3134GWXX9 10-15-25 C 0.600% 2,772,330 (257,580) 1,375
- CONTINUED ON PAGE 5 -

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS
November 30, 2023
4 T:\Finance\Investment Reports\2023-2024 Investment Reports\05 - November 2023 Investment report.xls

11.3 Consent Page 5

UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:

TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL

CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
** Per BNY WTC
Federal Home Loan Mtg Corp 10-15-20 0.530% 3,000,000 3,000,000 (228,720) 15,900 3134GWY34 10-15-25 C 0.570% 2,771,280 (258,690) 1,325
Federal National Mortgage Assn 10-20-20 0.580% 3,000,000 3,000,000 (235,590) 17,400 3135G06A6 10-20-25 C 0.630% 2,764,410 (257,370) 1,450
Federal Farm Credit Bks Funding Corp 10-21-20 0.520% 2,500,000 2,500,000 (197,075) 13,000 3133EMDZ2 10-21-25 C 0.560% 2,302,925 (217,475) 1,083
Federal Farm Credit Bks Funding Corp 10-22-20 0.530% 2,500,000 2,500,000 (204,225) 13,250 3133EMEC2 10-22-25 C 0.580% 2,295,775 (217,175) 1,104
Federal Home Loan Mtg Corp 10-27-20 0.625% 3,000,000 3,000,000 (244,230) 18,750 3134GW3X2 10-27-25 C 0.680% 2,755,770 (256,740) 1,563
Federal Home Loan Mtg Corp 10-28-20 0.600% 2,000,000 2,000,000 (164,260) 12,000 3134GW3Z7 10-28-25 C 0.650% 1,835,740 (172,280) 1,000
Federal Home Loan Mtg Corp 10-29-20 0.570% 3,000,000 3,000,000 (230,040) 17,100 3134GWZL3 10-29-25 C 0.620% 2,769,960 (260,370) 1,425
Federal Home Loan Mtg Corp 11-10-20 0.610% 3,000,000 3,000,000 (230,610) 18,300 3134GW6S0 11-10-25 C 0.660% 2,769,390 (261,930) 1,525
Federal Home Loan Mtg Corp 11-12-20 0.600% 2,000,000 2,000,000 (154,420) 12,000 3134GXAP9 11-12-25 C 0.650% 1,845,580 (175,440) 1,000
Federal Home Loan Mtg Corp 11-25-20 0.625% 3,000,000 3,000,000 (233,130) 18,750 3134GXCS1 11-25-25 C 0.680% 2,766,870 (265,860) 1,563
Federal Home Loan Mtg Corp 11-30-20 0.650% 2,000,000 2,000,000 (154,640) 13,000 3136GXFA7 11-26-25 C 0.700% 1,845,360 (176,480) 1,083
Federal Home Loan Mtg Corp 12-01-20 0.620% 1,500,000 1,500,000 (121,695) 9,300 3134GXDM3 12-01-25 C 0.670% 1,378,305 (135,375) 775
Federal Farm Credit Bks Funding Corp 12-17-20 0.540% 2,500,000 2,500,000 (205,425) 13,500 3133EMKT8 12-17-25 C 0.590% 2,294,575 (233,675) 1,125
- CONTINUED ON PAGE 6 -

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
November 30, 2023
5 T:\Finance\Investment Reports\2023-2024 Investment Reports\05 - November 2023 Investment report.xls

11.3 Consent Page 6

UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:

TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL

CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
** Per BNY WTC
Federal Home Loan Mtg Corp 12-17-20 0.625% 2,000,000 2,000,000 (163,500) 12,500 3134GXFV1 12-17-25 C 0.680% 1,836,500 (183,560) 1,042
Federal Home Loan Mtg Corp 12-23-20 0.700% 3,000,000 3,000,000 (240,750) 21,000 3134GXHD9 12-23-25 C 0.760% 2,759,250 (272,910) 1,750
Federal Home Loan Mtg Corp 01-05-21 0.550% 2,500,000 2,500,000 (208,575) 13,750 3134GXJX3 01-05-26 C 0.600% 2,291,425 (237,575) 1,146
Federal Home Loan Mtg Corp 01-07-21 0.520% 2,000,000 2,000,000 (168,360) 10,400 3134GXJZ8 01-07-26 C 0.570% 1,831,640 (191,720) 867
Federal Home Loan Banks 01-22-21 0.625% 2,500,000 2,500,000 (208,750) 15,625 3130AKQ74 01-22-26 C 0.680% 2,291,250 (238,250) 1,302
Federal Home Loan Mtg Corp 01-22-21 0.550% 2,500,000 2,500,000 (212,500) 13,750 3134GXKJ2 01-22-26 C 0.600% 2,287,500 (242,125) 1,146
Federal Home Loan Banks 01-28-21 0.600% 2,000,000 2,000,000 (169,120) 12,000 3130AKPC4 01-28-26 C 0.660% 1,830,880 (192,780) 1,000
Federal National Mortgage Asso. 01-28-21 0.550% 2,000,000 2,000,000 (171,140) 11,000 3135G06R9 01-28-26 C 0.600% 1,828,860 (194,860) 917
Federal Home Loan Banks 02-17-21 0.625% 3,000,000 3,000,000 (256,530) 18,750 3130AL3S1 02-17-26 C 0.680% 2,743,470 (292,860) 1,563
Federal Home Loan Banks 02-24-21 0.600% 3,000,000 3,000,000 (259,920) 18,000 3130AKYU4 02-24-26 C 0.660% 2,740,080 (296,580) 1,500
Federal Home Loan Banks 02-25-21 0.625% 3,000,000 3,000,000 (258,600) 18,750 3130ALCW2 02-25-26 C 0.680% 2,741,400 (295,260) 1,563
Federal Home Loan Banks 02-26-21 0.650% 3,000,000 3,000,000 (266,790) 19,500 3130AKZ25 02-26-26 C 0.710% 2,733,210 (293,970) 1,625
Federal Home Loan Banks 03-10-21 0.800% 3,000,000 3,000,000 (251,190) 24,000 3130ALFS8 03-10-26 C 0.870% 2,748,810 (288,120) 2,000
- CONTINUED ON PAGE 7 -

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
November 30, 2023
6 T:\Finance\Investment Reports\2023-2024 Investment Reports\05 - November 2023 Investment report.xls

11.3 Consent Page 7

UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:

TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL

CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
** Per BNY WTC
Federal Home Loan Banks 03-30-21 1.030% 2,500,000 2,500,000 (201,075) 25,750 3130ALKQ6 03-30-26 C 1.120% 2,298,925 (232,025) 2,146
Federal Home Loan Banks 04-22-21 1.100% 2,500,000 2,500,000 (200,800) 27,500 3130ALXV1 04-22-26 C 1.200% 2,299,200 (232,675) 2,292
Federal Home Loan Banks 06-30-21 1.000% 3,000,000 3,000,000 (277,110) 30,000 3130AMWU2 06-30-26 C 1.110% 2,722,890 (304,320) 2,500
Federal Home Loan Banks 07-13-21 1.020% 3,000,000 3,000,000 (266,850) 30,600 3130AN2L3 07-13-26 C 1.120% 2,733,150 (308,310) 2,550
Federal Home Loan Banks 07-29-21 1.125% 3,000,000 3,000,000 (262,740) 33,750 3130AN4R8 07-29-26 C 1.230% 2,737,260 (305,010) 2,813
Federal Home Loan Banks 08-24-21 1.050% 3,000,000 3,000,000 (274,470) 31,500 3130ANFT2 08-24-26 C 1.160% 2,725,530 (317,790) 2,625
Federal Home Loan Banks 08-26-21 0.900% 2,500,000 2,500,000 (238,550) 22,500 3130ANLZ1 08-26-26 C 0.990% 2,261,450 (274,900) 1,875
Federal Home Loan Banks 08-27-21 1.050% 2,500,000 2,500,000 (229,275) 26,250 3130ANM56 08-27-26 C 1.160% 2,270,725 (265,450) 2,188
Federal Home Loan Banks 09-28-21 1.100% 3,000,000 3,000,000 (278,640) 33,000 3130ANUX6 09-28-26 C 1.210% 2,721,360 (323,850) 2,750
Federal Home Loan Banks 09-28-21 0.900% 3,000,000 3,000,000 (294,240) 27,000 3130ANXS4 09-28-26 C 1.000% 2,705,760 (339,810) 2,250
Federal Home Loan Banks 09-30-21 1.000% 3,000,000 3,000,000 (287,040) 30,000 3130ANXU9 09-30-26 C 1.110% 2,712,960 (332,280) 2,500
Federal Home Loan Banks 09-30-21 0.950% 2,500,000 2,500,000 (242,475) 23,750 3130ANYR5 09-30-26 C 1.050% 2,257,525 (280,225) 1,979
Federal Home Loan Banks 10-21-21 1.000% 2,500,000 2,500,000 (237,675) 25,000 3130APCD5 10-21-26 C 1.110% 2,262,325 (272,325) 2,083
- CONTINUED ON PAGE 8 -

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
November 30, 2023
7 T:\Finance\Investment Reports\2023-2024 Investment Reports\05 - November 2023 Investment report.xls

11.3 Consent Page 8

UNREALIZED ESTIMATED
DATES: INTEREST RATES: GAIN/(LOSS): EARNINGS:

TYPE OF FIXED INCOME INVESTMENT ACQUISITION STATED BOOK VALUE THIS MONTH ANNUAL

CUSIP NUMBER MATURITY CURRENT YIELD PAR VALUE MARKET VALUE LAST MONTH THIS MONTH U.S. GOVERNMENT AGENCY OBLIGATIONS, CONTINUED
** Per BNY WTC
Federal Home Loan Bks 10-26-21 1.250% 3,000,000 3,000,000 (273,030) 37,500 3130APJ55 10-26-26 C 1.380% 2,726,970 (315,870) 3,125
Federal Home Loan Bks 10-26-21 1.125% 3,000,000 3,000,000 (279,900) 33,750 3130APJB2 10-26-26 C 1.240% 2,720,100 (326,070) 2,813
Federal Home Loan Bks 10-28-21 1.250% 3,000,000 3,000,000 (270,330) 37,500 3130APDQ5 10-28-26 C 1.370% 2,729,670 (316,380) 3,125
Federal Home Loan Bks 10-28-21 1.100% 2,000,000 2,000,000 (188,220) 22,000 3130APFQ3 10-28-26 C 1.210% 1,811,780 (219,100) 1,833
Federal Home Loan Bks 10-28-21 1.120% 2,000,000 2,000,000 (194,920) 22,400 3130APFR1 10-28-26 C 1.240% 1,805,080 (218,000) 1,867
Federal Home Loan Bks 10-28-21 1.050% 2,000,000 2,000,000 (200,960) 21,000 3130APFU4 10-28-26 C 1.170% 1,799,040 (221,820) 1,750
Federal Home Loan Bks 11-16-21 1.375% 2,500,000 2,500,000 (232,000) 34,375 3130APLP8 11-16-26 C 1.520% 2,268,000 (260,150) 2,865
Federal Home Loan Bks 11-18-21 1.375% 3,000,000 3,000,000 (265,380) 41,250 3130APNK7 11-18-26 C 1.510% 2,734,620 (312,600) 3,438
Federal Home Loan Bks 11-23-21 1.450% 3,000,000 3,000,000 (260,280) 43,500 3130APPL3 11-23-26 C 1.590% 2,739,720 (307,710) 3,625
Federal Home Loan Bks 12-17-21 1.600% 2,000,000 2,000,000 (167,520) 32,000 3130APXT7 12-17-26 C 1.750% 1,832,480 (199,520) 2,667
Federal Home Loan Bks 03-29-22 2.350% 2,000,000 2,000,000 (140,620) 47,000 3130ARA68 03-29-27 C 2.530% 1,859,380 (173,960) 3,917
TOTAL FIXED INCOME INVESTMENTS N/A N/A 157,868,056 (13,038,477) 1,308,760 **All are in safekeeping with BNY Western Trust Company 0.900% 144,829,579 (14,830,804) 109,063 ~ U/I = Unrestricted Investments

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
November 30, 2023
8 T:\Finance\Investment Reports\2023-2024 Investment Reports\05 - November 2023 Investment report.xls

11.3 Consent Page 9

CITY OF TULARE

TREASURER'S EXECUTIVE SUMMARY
November 30, 2023

BOOK VALUE
CHANGES IN BALANCES AND YIELDS: MARKET VALUE

DIFFERENCE AVERAGE STATED YIELD

CATEGORY NOVEMBER OCTOBER CHANGE NOVEMBER OCTOBER CHANGE Total Investments 240,590,055 247,979,858 (7,389,803) N/A N/A N/A 227,055,799 232,657,706 (5,601,907)
(13,534,256) (15,322,152) 1,787,896
Unrestricted Investments 224,306,680 232,524,752 (8,218,072) 1.281% 1.209% 0.072% 210,772,423 217,202,600 (6,430,176)
(13,534,256) (15,322,152) 1,787,896
Restricted Investments 16,283,376 15,455,106 828,269 N/A N/A N/A 16,283,376 15,455,106 828,269
0 0 0
Local Agency Investment Fund (LAIF) 36,208,699 35,885,101 323,597 3.843% 3.670% 0.173% 35,712,920 35,393,753 319,167
(495,779) (491,348) (4,431)
Fixed Income Investments (Total) 157,868,056 157,868,056 0 0.900% 0.910% -0.010% 144,829,579 143,037,252 1,792,327
(13,038,477) (14,830,804) 1,792,327
TRANSACTIONS (BOOK VALUE): *

CATEGORY PURCHASES SALES / CALLS
Fixed Income Investments Fixed Income Investments
Federal Home Loan Banks, 2.35% 2,000,000
2,000,000 0
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11.3 Consent Page 10
Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Letter of Support for TCAG Grant Application

RECOMMENDED ACTION
Authorize the mayor to sign a letter of support for TCAG’s application for funding through the Caltrans Sustainable Transportation Planning Grant Program, Climate Adaptation Category, to develop and administer the Valley Transport Resiliency Advancement for Neighborhoods’ Sustainable Freight Movement (V-TRANSFRM) Study.

SUMMARY
The Tulare County Association of Governments (TCAG) proposes to apply for funding through the Caltrans Sustainable Transportation Planning Grant Program to develop and administer the Valley Transport Resiliency Advancement for Neighborhoods’ Sustainable Freight Movement (V-TRANSFRM) Study in partnership with the seven other San Joaquin Valley Metropolitan Planning Organizations (Valley MPOs).

A draft letter of support has been provided by TCAG and is attached for Council’s consideration.

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

LEGAL REVIEW
None required at this time.

ALTERNATIVE ACTION

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

2. Deny – Improvements identified in the proposed V-TRANSFRM Study would either directly or indirectly benefit the City of Tulare. Denial of the request for letters of support could negatively impact the decisions of Caltrans and the California Transportation Commission Item #: 11.4
Consent

11.4 Consent Page 1
to approve TCAG’s application for funding through the Sustainable Transportation Planning Grant Program.

3. Table – TCAG has requested that letters of support be received as soon as possible to ensure their inclusion in their grant application package.

ATTACHMENTS

1. Draft Letter of Support
Reviewed/Approved:

11.4 Consent Page 2

CITY COUNCIL
411 East Kern Avenue  Tulare, California 93274  559.684.4200  www.tulare.ca.gov January 16, 2024
Amy Shuklian, Chair, Board of Governors
Tulare County Association of Governments
210 N. Church Street, Suite B
Visalia, CA 93291
RE: Caltrans Sustainable Transportation Planning Grant Program, Climate Adaptation Category, Application for the Valley Transport Resiliency Advancement for Neighborhoods' Sustainable Freight Movement (VTRANSFRM) Study Dear Chair Shuklian,
On behalf of the City of Tulare, I am writing to express our support for the Tulare County Association of Governments’ (TCAG) Sustainable Transportation Planning grant application to develop and administer the VTRANSFRM Study in partnership with the seven other San Joaquin Valley Metropolitan Planning Organizations (Valley MPOs).

The objective of this study is to assess the climate change vulnerabilities of the San Joaquin Valley corridor and resiliency connectors, and to leverage and advance critical projects that implement adaptive climate measures. The study will focus on three main components: 1) Vulnerability/Resiliency Assessment; 2) Adaptation Mitigation/CoBenefit Analysis; and 3) Expedite Implementation. Partners and collaborators will include local disadvantaged communities, stakeholders, and agencies including Caltrans Districts 6 & 10, and the 8-San Joaquin Valley MPOs to ensure that the adaptation measures are effective. The goal is to expedite implementation of climate adaptation mitigation, reduce impacts of extreme weather events while enhancing freight transportation resilience and realizing the co-benefits for all communities in this economically disadvantaged corridor.

The San Joaquin’s Valley’s role as the top national agricultural producer means that goods, specifically America’s food, are constantly flowing in and out of the region on local, state, and interstate roads. To continue feeding America, the valley must plan for a future where the transportation and goods movement strategies are resilient in the face of constant change. With more people moving in every year, and more job growth in the region, there will need to be a focus on sustainable infrastructure to move more people and goods in the decades to come.

11.4 Consent Page 3 ATTACHMENT 1

Page 2 ends

Letter of Support for TCAG Grant Application
The City of Tulare supports TCAG’s request for funding on behalf of the eight Valley MPOs for the San Joaquin Valley Transport Resiliency Advancement for Neighborhoods' Sustainable Freight Movement (V-TRANSFRM) Study and encourages Caltrans’ favorable consideration.

Sincerely,
Terry A. Sayre
Mayor of the City of Tulare

11.4 Consent Page 4
Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Economic Development & Redevelopment
Submitted by: Traci Myers, Executive Director
Agenda Title: Approval for Access to Sales and Use tax Records

RECOMMENDED ACTION
Adopt a resolution authorizing certain City officials and contracted City consultants, namely Eight20 Consulting dba ZacTax, access to sales and use tax records of City of Tulare pursuant to California Revenue Taxation Code Section 7056 for the purpose of conducting a study of development patterns and key interchanges along Highway 99 to assist with future economic development planning efforts at and around the new International Agri-Center Way interchange to be completed in 2025.

SUMMARY
Construction is underway on the International Agri-Center Way interchange along State Route 99 at the southern end of the City of Tulare. Anticipated completion of the new interchange is expected in 2025.

To prepare for the influx of potential new development, it is important for the City to begin the efforts to best understand the market trends and dynamics of what types of businesses and industries typically locate around a new, state-of-the-art interchange. To assist with these efforts, the City has engaged the firm of Eight20 Consulting dba ZacTax to conduct a study of development patterns at key interchanges along Highway 99 and provide a Land Use Assumption and Economic Impact Analysis tailored to the City of Tulare, to include but not be limited to, a revenue and expenditure impact analysis for the surrounding project area.

For comparison interchanges, Consultant will work with the CDFTA to gain access to the greatest level of detail of sales tax data that is publicly available for jurisdictions in which the comparison interchanges are located.

Item #: 11.5
Consent

11.5 Consent Page 1
In concern with ongoing economic development efforts throughout the City of Tulare, staff is recommending Council adopt a resolution authorizing certain City officials and contracted City consultants, namely Eight20 Consulting dba ZacTax, access to sales and use tax records of City of Tulare pursuant to California Revenue Taxation Code Section 7056 for the purpose of conducting a study of development patterns and key interchanges along highway 99 to assist with future economic development planning efforts at and around the new International AgriCenter Way interchange to be completed in 2025.

FISCAL IMPACT & FUNDING SOURCE(S)
A mid-year adjustment of approximately/not to exceed amount of $30,000 will be included in account number 001-4040-2017.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Resolution

2. Agreement
Reviewed/Approved:

11.5 Consent Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING CERTAIN CITY OFFICIALS AND CONTRACTED CITY

CONSULTANTS ACCESS TO SALES AND USE TAX RECORDS PURSUANT TO

CALIFORNIA REVENUE TAXATION CODE
WHEREAS, pursuant to the Tulare Municipal Code, Sections 5.08.050 and

5.78.020, the City of Tulare (City) entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of local sales and use taxes; and WHEREAS, pursuant to Ordinance 1095 and 05-1996 of the City of Tulare and Section 7270 of the Revenue and Taxation Code, the City entered into a contract with the Department to perform all functions incident to the administration and collection of the sales or transactions and use taxes; and
WHEREAS, the City deems it desirable and necessary for authorized officers, employees, and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected by the department pursuant to that contract; and WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department.

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

Section 1. The following City officials are authorized to receive and review sales tax information for the City of Tulare from the California Department of Tax and Fee Administration:
o City Manager, currently Marc Mondell
o Assistant City Manager, currently Josh McDonnell
o Chief Financial Officer, currently vacant
o Assistant Finance Director, Interim CFO, currently Melanie Gaboardi o Executive Director of Economic Development and Redevelopment, currently Traci Myers; and
o Any other officer or employee of the City designated in writing by the City Manager to the Department is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for

11.5 Consent Page 3 ATTACHMENT 1
Resolution 2024-XX

Page 2 ends

the City by the Department pursuant to the contract between the City and the Department.

The information obtained by examination of the Department records shall be used only for purposes related to the collection of the City’s sales or transactions and use taxes by the Department pursuant to the contract.

Section 2. The aforementioned City representatives or other officer or employee of the City designated in writing by the City Manager to the Department is hereby appointed to represent the City with authority to examine those sales or transactions and use tax records of the Department for purposes related to the following governmental functions of the City:
a) Budget Development;
b) Revenue Analysis and Forecasting;
c) Economic Development;
d) Economic Analysis; and
e) Strategic Planning and Innovation
The information obtained by examination of Department records shall be used only for those governmental functions of the City listed above.

Section 3. Eight20 Consulting dba ZacTax, a Texas limited liability company located at 141 Ethan Drive, Hudson Oaks, Texas, 76087, is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to sales or transactions and use taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and ZacTax:
a) Has an existing contract with the City to examine those sales or transactions and use tax records and includes all of the conditions required by Revenue and Taxation Code section 7056(b)(1); and b) Is required by the contract to disclose information contained in, or derived from those sales or transactions and use tax records only to the officer or employee authorized under Section 1 (or Section 2) of this resolution to examine the information; and
c) Is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and
d) Is prohibited by the contract from retaining the information contained in, or derived from those sales or transactions and use tax records after that contract has expired.

11.5 Consent Page 4
Resolution 2024-XX

Page 3 ends

Section 4. This resolution supersedes all prior resolutions of the City Council of the City of Tulare adopted pursuant to subdivision (b) of Revenue and Taxation Code section 7056.

PASSED, APPROVED, AND ADOPTED on this 16th day of January 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

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

11.5 Consent Page 5
Professional Services Agreement – Eight20 Consulting dba ZacTax January 3, 2024

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) entered into this day of 2024, by and between Eight20 Consulting dba ZacTax., (“CONSULTANT”), and the CITY of Tulare (“CITY”).

WITNESSETH
WHEREAS, the CITY is authorized and empowered to employ CONSULTANTs and specialists in the performance of its duties and functions; and WHEREAS, the CITY has the desire to secure certain technical and professional services to conduct a study of development patterns at key interchanges along Highway 99, State of California described in detail in the executed Proposal dated November 21, 2023 and attached hereto as Exhibit “A”, and hereinafter referred to as the "PROJECT"; and WHEREAS, the CONSULTANT represents it is qualified and willing to provide such services pursuant to terms and conditions of this Agreement:

NOW, THEREFORE, BE IT AGREED, by and between the CONSULTANT and the CITY as follows:

1. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work
The CITY agrees to pay for services described in Exhibit "A" – Proposal to Conduct a Study of Development Patterns at Key Interchanges Along Highway 99 - attached hereto and incorporated herein by this reference.

B. Additional Services
Incidental work related to the PROJECT and not provided for in Exhibit "A" may be needed during the performance of this Agreement. The rate for such additional service shall be “on call” services and based upon an hourly rate as set forth on CONSULTANT’S 2023 compensation rates. Such additional services are not included in the not-to-exceed fee of $35,000, but rather would be performed on a separate “on-call” basis, and shall not be performed by CONSULTANT without the express written consent of CITY.

2. COMPENSATION

11.5 Consent Page 6 ATTACHMENT 2
Professional Services Agreement – Eight20 Consulting dba ZacTax January 3, 2024

A. Total Compensation
CONSULTANT agrees to perform the services as described in Exhibit “A” – Project Cost – for a not-to-exceed fee of $35,000. Any additional services other than those provided for in Exhibit “A” will be performed on an “on-call” basis and these additional services will be billed on an hourly rate based upon CONSULTANT’S 2023 compensation rates.

B. Invoicing & Payment
As sole compensation for the performance of the services, the CITY will pay CONSULTANT a consulting rate for each service classified as provided for in Exhibit “A” attached hereto. Any expenses incurred by CONSULTANT in performing the services will be the sole responsibility of CONSULTANT unless other arrangements are made before such expenses are incurred.

CONSULTANT will invoice the CITY based upon the following schedule:
o Project Initiation: 10%
o Delivery of Draft Reports: 40%
o Project Completion: 50%
The CITY will pay each such invoice no later than thirty (30) days after its receipt.

3. AUTHORIZED REPRESENTATIVE
The Executive Director of Economic Development and Redevelopment, Traci Myers, or her Designee shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the CITY Council of the City of Tulare is specifically required.

4. TERMINATION
The CITY or the CONSULTANT may terminate this Agreement at any time by giving written notice of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In such event, all finished and unfinished documents and other materials shall, at the option of the CITY, become its property. If this Agreement is terminated by the CITY as provided for herein, the CONSULTANT shall be paid for the tasks (as set forth in Exhibit “B”) satisfactorily completed prior to the date of termination, and in the amounts set forth herein, including CONSULTANT’S reasonable costs associated with the termination itself if termination effectuated by CITY, less deduction, if any, to the CITY for damages suffered as a result of the CONSULTANT’S failure to comply with the terms of this Agreement, if such is the case or cause of termination.

11.5 Consent Page 7
Professional Services Agreement – Eight20 Consulting dba ZacTax January 3, 2024

5. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY or another public official of the governing body of the locality or localities in which the work, pursuant to this Agreement is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work shall:

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

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

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

The CONSULTANT further covenants that in the performance of this work, no person having such interest shall be employed.

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

6. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties. The CONSULTANT shall not assign, delegate or transfer the rights and duties under this Agreement or any part thereof, without the prior written consent of the CITY.

7. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and

11.5 Consent Page 8
Professional Services Agreement – Eight20 Consulting dba ZacTax January 3, 2024

is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder.

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

8. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

9. PUBLICATION
No report, information, or other date given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect to hold in confidence any confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

10. COPYRIGHTS
The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.

11. INDEMNIFICATION AND INSURANCE
A. As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless the CITY, its officers, employees, and the CITY’S designated volunteers from and against any and all claims, demands, defense costs, liability or consequential damages of any kind or nature arising directly out of CONSULTANT’S negligent acts, errors or omissions in the performance of his/her professional services under the terms of this contract.

As respects all acts or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance,

11.5 Consent Page 9
Professional Services Agreement – Eight20 Consulting dba ZacTax January 3, 2024

CONSULTANT agrees to indemnify, defend (at the CITY’s option), and hold harmless CITY, its employees, agents, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature caused in whole or in part by any negligent act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

B. Without limiting the CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
i. Workers’ Compensation Insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident.
ii. Cybersecurity, Privacy and Network Security Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form.
iii. Errors and Omissions coverage, including contractual liability, in an amount not less than Two Million Dollars ($2,000,000), and CONSULTANT shall maintain such coverage for at least four (4) years from the termination of this Agreement; and during this four (4) year period, CONSULTANT shall use CONSULTANT’S best efforts to ensure that there is no change of the retroactive date on this insurance coverage. iv. If any travel by auto is to be done on behalf of the City, a comprehensive Auto Liability coverage, including (as applicable) owned, non-owned and hired autos in an amount of not less than One Million Dollars ($1,000,000) per occurrence, combined single limit, written on an occurrence form.

C. Each insurance policy required by this Agreement shall contain the following clauses:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Manager.
“It is agreed that any insurance maintained by the CITY shall apply in excess of and not contribute with insurance provided by this policy.” Each insurance policy required by this Agreement, excepting policies for

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workers’ compensation and professional liability, shall contain the following clause:
“The CITY, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of, the named insured, performed under contract with the CITY.”
D. Upon CITY’s request or immediately prior to initiation of any work under this contract, (whichever comes first), CONSULTANT shall deliver to the CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of CITY’S request, CONSULTANT shall provide to the CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by the CITY, it shall be CONSULTANT’S responsibility to see that the CITY receives documentation acceptable to the CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. Also, the CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

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

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

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

3. Terminate this Agreement.

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

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

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12. OWNERSHIP OF DOCUMENTS
All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

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

CONSULTANT CITY OF TULARE
Eight20 Consulting dba ZacTax Melissa Hermann, Deputy City Clerk Michael Coon, VP 411 E. Kern Avenue
1869 Del Ciervo Place Tulare, CA 93274
Camarillo, CA 93012 [email protected]
[email protected]

14. JURISDICTION & CHOICE OF LAW
This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued in the State of California, Tulare County Superior Court. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

15. INTEGRATION
This Agreement represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

16. CONFIDENTIALITY
Section 7056 of the State of California Revenue and Taxation code specifically limits disclosure of confidential taxpayer information contained in the records of the California Department of Tax and Fee Administration. This section specifies the conditions under which a CITY may authorize persons other than County officers and employees to

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examine State Sales, Use and Transactions Tax records.

The following conditions specified in Section 7056 (b)(1) of the State of California Revenue and Taxation Code are hereby made part of this Agreement. a. CONSULTANT is authorized by this Agreement to examine sales, use or transactions and use tax records of the Department of Tax and Fee Administration provided to the CITY pursuant to contract under the Bradley-Burns Uniform and Use Tax Law. b. CONSULTANT is required to disclose information contained in, or derived from those sales, use or transactions and use tax records only to an officer or employee of the CITY who is authorized by resolution to examine the information.
c. CONSULTANT is prohibited from performing consulting services for a retailer, as defined California Revenue and Taxation Code Section 6015 during the term of this Agreement.
d. CONSULTANT is prohibited from retaining the information contained in or derived from those sales or transaction and use tax records, after this Agreement has expired. Information obtained by examination of the Department of Tax and Fee Administration records shall be used only for purposes related to collection of local sales and use tax for other governmental functions of the CITY as set forth by resolution adopted pursuant to Section 7056(b) of the Revenue and Taxation Code. The resolution shall designate the CONSULTANT as a person authorized to examine sales and use tax records and certify this Agreement meets the requirements set forth above and in Section 7056(b)(1) of the Revenue and Taxation Code.

17. MISCELLANEOUS PROVISIONS
A. CONSULTANT covenants that they presently have no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder.

B. CONSULTANT will not discriminate against any employee, or applicant for

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employment, on the basis of race, color, religion, sex, marital status, or national origin. CONSULTANT will take action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, marital status, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

C. For the purposes of this Agreement electronic signature facsimile shall be deemed the same as an original signature, and may be executed in one or more counterparts (each of which shall be deemed an original, but all of which together shall constitute one and the same instrument) and shall take effect as the effective date of this Agreement.

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

EIGHT20 CONSULTING DBA ZACTAX CITY OF TULARE
By: By:

Michael Coon, VP Western Region City Manager

APPROVED AS TO FORM
By:

City Attorney

EXHIBIT A
Services to be Performed and Compensation
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INTERCHANGE STUDY PROPOSAL

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Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Cartmill Commons Preliminary Storm Basin 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 restore the existing City basin located directly south of the proposed project to its original condition and repair/replace portions of the regional storm drain system that were partially constructed but left uncompleted by a previous development. These storm drain basin improvements are required to serve regional needs beyond what is required for just this development. Costs associated with the supplemental size and capacity 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 Storm Drain Facilities – Principal / #001- 4751-8206.

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

ALTERNATIVE ACTION

1. Approve with changes would delay the installation of offsite improvements required for the proposed Cartmill Commons commercial development.

2. Denial of the reimbursement agreement would be contrary to established City policy and would result in significant financial impacts to the developer.

Item #: 11.6
Consent

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3. Tabling the agreement would delay the installation of offsite improvements required for the proposed Cartmill Commons commercial development.

ATTACHMENTS

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

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ATTACHMENT 1

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Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Police
Submitted by: Melissa Comfort, Department Assistant
Agenda Title: Police Department Citizen Complaint Review Board Annual Report

RECOMMENDED ACTION
Accept the Police Department Citizen Complaint Review Board annual report for calendar year 2023.

SUMMARY
On January 18, 1994, the City Council adopted Ordinance 1722 establishing a Police Department Citizen Complaint Review Board. The Ordinance requires an annual reporting to the City Council.

Together, the Police Department and the City Clerk’s Office received eight complaint forms during the year. Attached is the annual report for calendar year 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

3. Table

ATTACHMENTS

1. 2023 Annual Report
Reviewed/Approved:

Item #: 11.7
Consent

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On January 18, 1994, the Council of the City of Tulare adopted Ordinance No. 0722 establishing a Police Department Citizen Complaint Review Board. The ordinance requires annual reporting to the Council of the City of Tulare.

The purpose of the Citizen Complaint Review Board is to promote the best interest of the City of Tulare and its citizens. The Board is charged with the responsibility to review the Police Department’s investigation of citizen complaints and provide an independent review to the Police Chief. The Board is not intended to review disciplinary action, if any, proposed and/or imposed upon police personnel as a result of the investigation of the citizen’s complaints. The creation of this Board is intended to ensure continued and ongoing public confidence in the Police Department personnel and Police Department operations. The current Citizen Complaint Review Board Members are as follows:

Duane Goree Jr. Reappointed January 10, 2023
Julie Leighty Reappointed January 10, 2023
Karen Presant Reappointed January 10, 2023
Danny Giotto Reappointed January 10, 2023
Jennifer Burcham Reappointed January 10, 2023
Charlie Ramos Reappointed January 10, 2023
Joshua Weatherbie Appointed January 17, 2023
The scope of authority of the Board is to receive citizen complaints alleged police officer misconduct in the form of misuse of force, false arrest, criminal conduct, discrimination, use of racial or ethnic slurs, abuse of authority, extreme discourtesy and/or serious misconduct. The Board shall also review the Police Department investigation of all allegations of police officer misconduct. The entire Board reviews all citizen complaints and determines, by majority approval, which complaints are within the authority of the Board to review. Eight complaint forms were filed. The complaints were classified as follows:

Misuse of force 0
False arrest 2
Discrimination 2
Criminal conduct 1
Use of racial/ethnic slurs 0
Abuse of authority 2
Extreme discourtesy 2
Serious misconduct 5
Not in scope of Board 5
Not filed timely -
Withdrawn by Complainant 0
Other 4
Note: Of the eight claims, four were filed under multiple categories.

The Board reviewed all eight complaints, finding three within scope. The remaining five complaints were found to not be within scope.

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Total
Complaints
Non Criminal
Misdemeanor
Felony
Total Complaints
Made in Local
Detention Facilities
Non Criminal
Misdemeanor
Felony
Total Racial and
Identifying Profiling
Complaints

PENDING NUMBER

UNFOUNDED
NUMBER

NOT SUSTAINED
NUMBER

EXONERATED
NUMBER

SUSTAINED TYPE OF COMPLAINT NUMBER REPORTED
Agency Name: Prepared By:

Phone Number:

E-mail or Fax completed form to: Criminal Justice Statistics Center E-mail: [email protected] • Fax: (916) 227-0427
E-mail:

Race or Ethnicity
Nationality
Gender
Age
Religion
Gender Identity or
Expression
Sexual Orientation
Mental Disability
Physical Disability
Racial and Identifying Complaints by Type (may add up to more than total above)

DEPARTMENT OF JUSTICE

ANNUAL REPORT OF CIVILIANS' COMPLAINTS AGAINST PEACE OFFICERS JDIS 724
(Rev. 12/2022)

STATE OF CALIFORNIA

Page 1 of 2 ends

Year of Report: NCIC Number:

Print Form Reset Form

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Police Review Board
2023 Attendance Record
(Present = X)
Date Karen
Presant
Duane
Goree
Joshua
Weatherbie
Charlie
Ramos
Danny
Giotto
Jennifer
Burcham
Julie
Leighty
01/10/23 X X X X X
02/14/23 X X X X
03/14/23 X X X X
04/11/23
05/09/23 X X X X X
06/13/23
07/11/23 X X X X X
08/08/23
09/12/23
10/10/23 X X X X X X
11/14/23
12/12/23 X X X X X X
Staff Present:
1/10/23 – MERRILL, MEDINA, HERMANN
2/14/23 – MERRILL, YANCY, COMFORT
3/14/23 – BOATMAN, MEDINA, COMFORT
4/11/23 – CANCELLED, NO NEW BUSINESS
5/9/23 – MERRILL, MEDINA, COMFORT
6/13/23 – CANCELLED, NO NEW BUSINESS
7/11/23 – MERRILL, MEDINA, COMFORT
8/8/23 – CANCELLED, NO NEW BUSINESS
9/12/23 – CANCELLED, NO NEW BUSINESS
10/10/23 – MERRILL, YANCY, COMFORT
11/14/23 – CANCELLED, NO NEW BUSINESS
12/12/23 – MERRILL, MEDINA, COMFORT

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Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Vehicle Purchase for the Police Department

RECOMMENDED ACTION
Award the purchase of two new/unused 2024 Ford F-150 trucks to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $97,993.52, which includes all fees, tax, and shipping.

SUMMARY
The City is a member of Sourcewell, which is a national public service agency that provides for cooperative purchasing for government agencies. Through the Sourcewell Contract No. 091521-NAF, staff is requesting authorization to purchase two new/unused 2024 Ford F-150 trucks from National Auto Fleet Group, of Watsonville, CA in the amount of $97,993.52.

The proposed trucks are replacement units and are as follows:

Replacement
Unit New vehicle Cost Total budget
Police Unit #356 2024 Ford F-150 $48,996.76 $60,000
Police Unit #358 2024 Ford F-150 $48,996.76 $60,000
These vehicles are replacing two 2008 Chevrolet Silverado trucks currently being used by the Community Service Officers (CSO’s) and were to be requested for replacement in the FY 2024/25 Fleet Replacement budget in the amount of $60,000 each. With the current availability of Ford F-150 trucks through Sourcewell, the Police Department requested approval to get the trucks ordered now, understanding that it takes 6-9 months to receive the new vehicles. The remaining budgets left on the trucks will be used to finish outfitting the trucks for service.

The Sourcewell purchasing contract is available to agencies nationwide and is therefore very competitive and very limited. In late December 2023, National Auto Fleet Group notified staff that the ordering window for Ford F-150 trucks was open. The Fleet Superintendent made contact and was able to get a quote for the trucks on December 21, 2023. Due to the time constraints, the Assistant City Manager approved the issuance of a purchase order to secure the truck. If the Council does not approve this item, the build will be canceled, and we will have to wait for the next availability of trucks through the National Auto Fleet Group.

FISCAL IMPACT & FUNDING SOURCE(S)
Funding for the purchase of the vehicles will come from the Fleet Replacement Funds for Police (Fund 604).

LEGAL REVIEW
This item does not require review by the City Attorney’s office.

Item #: 11.8
Consent

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ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If not approved, the order will be canceled, and we will have to wait for the next ordering opportunity or bid the vehicle separately.

ATTACHMENTS

1. Truck Specifications from the National Auto Fleet Group Reviewed/Approved:

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Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa / Michael Powers
Agenda Title: On-Call Aviation Consulting and Engineering Services Agreement

RECOMMENDED ACTION
Approve Kimley-Horn as a pre-qualified consultant for on-call aviation consulting and engineering services; and authorize the City Manager to enter into a Professional Service Agreement with Kimley-Horn, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager, for an initial three-year period with an option to renew for an additional two years.

SUMMARY
The City of Tulare has operated Mefford Field for a number of years and has, and will continue to, improve the airport to better serve the community. Mefford Field is a General Aviation Airport used by private and commercial interests. Fuel, restrooms, and hangars are available.

The City recently issued a Request for Qualifications (RFQ) for aviation consulting and engineering services. Two vendors responded. The responses were evaluated by staff pursuant to the scoring matrix included in the RFQ. After evaluation, Kimley-Horn was the highest rated respondent.

FISCAL IMPACT & FUNDING SOURCE(S)
This contract will be funded by Account 005-4552-2017 Professional and Technical Services $20,000; Grants.

LEGAL REVIEW
The Agreement is based upon our standard model approved by the City Attorney, and the Agreement will be reviewed during the signing phase.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Delays in taking action will result in delays in evaluating our current needs and designing and implementing improvements to the airport.

Item #: 11.9
Consent

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ATTACHMENTS

1. Kimley-Horn Response to RFQ

2. Agreement

3. Fees for Services
Reviewed/Approved:

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PROFESSIONAL SERVICES AGREEMENT

AVIATION CONSULTING AND ENGINEERING SERVICES

MEFFORD FIELD
This Agreement, entered into this ________ day of ________________, 2024, by and between the City of Tulare, hereinafter referred to as the “CITY”, and Kimley-Horn hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work that will be described in project specific Task Orders; and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. The work to be performed by the CONSULTANT under this AGREEMENT includes professional services under Article III for various Mefford Field PROJECTS (Task Orders), including but not limited to, analysis of Mefford Field operations, facilities, capital needs and projects, fiscal analysis and other related services. Work shall be done in accordance with all federal and State requirements regarding operation, maintenance, and improvements to a General Aviation Airport property.

B. The CONSULTANT agrees to provide professional services that are necessary for each PROJECT (Task Order) when expressly authorized in writing by the City Engineer, or Project Manager, or other designated City of Tulare Official. Such work by the CONSULTANT shall not begin until the CONSULTANT has received a written Notice to Proceed from the City Engineer, Project Manager or other designated Manager (CONTRACT ADMINISTRATOR) authorizing the necessary service, agreed upon fee and schedule, and scope of work for each Task Order.

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days following City’s issuance of Notice to Proceed and shall complete the work within the timeframes outlined in Exhibit “A”, unless otherwise extended in writing by CITY, in its sole discretion.

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If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’S reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in writing signed by both parties.

AGREEMENT shall be valid for three (3) years. A two (2) year extension of the AGREEMENT may be executed by the parties based upon satisfactory performance by the CONSULTANT.

III. COMPENSATION
A. Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, as payment in full for each PROJECT (Task Order) a sum computed at the hourly and cost rates shown in Exhibit A: Schedule of Fees for Professional Services. The computed amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in the Task Order.

B. Hourly and Cost Rates: The CONSULTANT agrees that the hourly and cost rates contained in Exhibit A shall be used for the duration of the contract or for a maximum of two (2) years from the date when the AGREEMENT is fully executed. Fee increases under this AGREEMENT shall be proposed at least 90 days prior to the end of the initial two (2) year period and 90 days prior to any extension.

C. Payment of Compensation: The CONSULTANT shall be compensated according to the progress payment schedule set forth in each Task Order upon completion of percentage of each noted phase. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

IV. AUTHORIZED REPRESENTATIVE
A. CITY: The City Manager or his/her designee shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Tulare is specifically required.

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

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

A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

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

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

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

C. Post-Termination:

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

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

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

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to

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cooperate with any audit, to be subject to offset, or to make any reports of pretermination activities.

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

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

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

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

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

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

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

IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters

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relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

X. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XI. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

D. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY (and any funding agency) be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.

E. Patent Rights: Applicable patent rights provisions described in 41 CFR 1-9.1 regarding rights to inventions shall apply to this agreement.

XII. INDEMNIFICATION AND INSURANCE
A. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal Consultant’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible

11.9 Consent Page 44
for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

B. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal Consultant’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

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

1. Workers’ compensation insurance: Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least two million dollars ($2,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

2. General liability insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant’s general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.

3. Professional liability insurance: Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

4. Auto liability insurance: Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident.

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

11.9 Consent Page 45
E. Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or nonrenewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Tulare, 411 East Kern Avenue, Tulare, CA 93274.” In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Tulare shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Tulare, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Tulare.” F. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

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

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

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

3. Terminate this Agreement.

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

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

11.9 Consent Page 46
XIII. NON-DISCRIMINATION
CONSULTANT and all subconsultants shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement.

The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XIV. MISCELLANEOUS PROVISIONS
A. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising there from.

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

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

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

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

CITY OF TULARE:
411 East Kern Avenue
Tulare, CA 93274
Attention: City Clerk
CONSULTANT:
__________________________
__________________________
Attention: __________________
F. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

G. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written

11.9 Consent Page 47
understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

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

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

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

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

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

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

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

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

11.9 Consent Page 48
includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.

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

F. Consultant’s Endorsement: The responsible CONSULTANT shall sign plans, specifications, and estimates and engineering data furnished by him/her and where appropriate, indicate his/her California engineering registration number.

G. Clean Air and Water: Applicable to Contracts in Excess of $100,000. a. Definition. “Facility” means a building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by the Consultant or and subconsultant, used in the performance of the Contract or any subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the United States Environmental Protection Agency (EPA) determines that independent facilities are collocated in one geographical area.
b. In compliance with regulations issued by the EPA, 2 C.F.R, part 1532, pursuant to the Clean Air Act, as amended (42 U.S.C. §. 7401 et seq.); the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); and Executive Order 11738, the Consultant agrees to:

1. Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA List of Violating Facilities pursuant to 2 C.F.R. part 1532 for the duration of time that the facility remains on the list.

2. Promptly notify the Owner if a facility the Consultant intends to use in the performance of this contract is on the EPA List of Violating Facilities of the Consultant knows that it has been recommended to be placed on the List.

3. Comply with all requirements of the Clean Air Act and the Federal Water Pollution Control Act, including the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution control Act, and all applicable clean air and clean water standards.

H. Equal Employment Opportunity:

The Consultant shall be required to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60).
a. The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. chapter 60, the following equal opportunity clause:

During the performance of this contract, the Consultant agrees as follows:

11.9 Consent Page 49

1. The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Consultant agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Consultant’s commitments hereunder and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and pursuant to rules, regulations, and orders of the Secretary of Labor and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law.

7. The Consultant will include the portion of the sentence immediately preceding paragraph 17(a) (1) and the provisions of paragraphs 17(a)(1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subconsultant or vendor. The Consultant will take such action with respect to any subcontract or purchase order as EDA or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event the Consultant becomes involved in or is threatened with litigation with or by a subconsultant or vendor as a result of such direction by the Secretary of Labor, the Consultant may

11.9 Consent Page 50
request the United States to enter into such litigation to protect the interests of the United States.

8. The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. Provided, however, that if the Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government that does not participate in work on or under the Contract.

9. The Recipient agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of consultants and subconsultants with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist in securing compliance.

10. The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Consultant debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon consultants and subconsultants by the Secretary of Labor pursuant to Part II, Subpart D of the Executive order.

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

1. Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt. The amount of the Contract, rather than the amount of the federal financial assistance, shall govern in determining the applicability of this exemption.

2. Except in the case of subconsultants for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second tier.

3. Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw materials are exempt.

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

J. Federal Non-Discrimination Statutes:

The Service Provider must comply with all Federal statutes relating to non-discrimination.

These include but are not limited to:

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

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

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

11.9 Consent Page 51

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

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

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

7. Sections 523 and 527 of the Public Health Service Act of 1912 (42U.S.C. 290 dd3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;

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

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

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

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

CITY OF TULARE: CONSULTANT:
___________________________ ___________________________ City Manager
Attest:
___________________________
City Clerk
Approved as to Form:
___________________________
City Attorney
Attachments:

Exhibit “A”: Scope of Work
Exhibit “B”: Project Fees

11.9 Consent Page 52

FEES FOR SERVICE
Hourly Labor Rate Schedule
Effective November 1, 2023, through December 31, 2025
Classification Rate*
Analyst I $115 - $155
Analyst II $155 - $180
Professional $180 - $230
Senior Professional I $230 - $330
Senior Professional 11 $330 - $395
Senior Technical Support $180 - $315
Technical Support $100 - $180
Support Staff $80 - $145
* Classifications are reviewed yearly for all staff. Individual staff classification may change for any of the staff utilized during the 2-year contract term.

Other Direct Costs: Outside Printing/Reproduction, Delivery Services/USPS, and Misc. Field Equipment/Supplies, will be billed at cost plus 10%, or per the task order requirements. CallOut Trips will be billed at $400-$800/trip.

Sub-Consultants will be billed at cost plus 10%, or per the Task Order Requirements.

11.9 Consent Page 53 ATTACHMENT 3
Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Fire
Submitted by: Michael Ott, Fire Chief
Agenda Title: New Fire Engine Purchase

RECOMMENDED ACTION
Authorize the City Manager, or designee, to issue a City Purchase Order in the amount of $1,046,405.29 for the purchase of a new fire engine from Golden State Fire Apparatus Inc, Sacramento, Ca.

SUMMARY
The fire engine is one of the most critical pieces of equipment, second to the firefighters who operate it. These apparatuses are maintained like race cars and sometimes driven the same to respond safely and swiftly to the calls from our citizens and visitors. But, like all equipment they get worn down, maintenance cost goes up, and need to be replaced or push down into reserve status.

The Fire Department was graciously given a $1M grant from the State of California courtesy of Senator Melissa Hurtado, advocating to assist in the purchase of a new fire engine.

There are two payment options listed in the bid, Option A – which is a 100% prepayment of $1,046,405.29 or Option B – which is a 100% payment upon delivery of $1,225,153.66.

Purchasing the fire engine with option A will save the city and its taxpayers $178,748.37.

Additionally, with option A, considering use of the $1M grant, the city’s cost for the fire engine is $46,405.29. Whereas with option B, the city’s cost is $225,153.66. The Fire Department recommends that City Council approve option A.

FISCAL IMPACT & FUNDING SOURCE(S)
State Grant – 001-3317-030 - $1,000,000
General Fund Reserve - $13,465.29
Fleet Replacement Fund Fire Reserve - $32,941
Use of Funds:

Fleet Replacement Fund 604-4604-7418 - $1,046,406.29

LEGAL REVIEW
Complete

ALTERNATIVE ACTION

1. Approve with changes

2. Deny
Item #: 11.10
Consent

11.10 Consent Page 1

3. Table

ATTACHMENTS

1. Golden State Fire Apparatus Contract
Reviewed/Approved:

11.10 Consent Page 2
>>
$
GOLDEN
STATE

FIRE APPARATUS
PREPARED ESPECIALLY FOR:

CITY OF TULARE

FIRE DEPARTMENT
One (1) Pierce Manufacturing, Inc.

Impel 1500 GPM PUC™ Pumper
Sourcewell
Fo"TIPrl;J JJ PA

11.10 Consent Page 3
ATTACHMENT 1
goldenstatefire.corn >>

TABLE OF CONTENTS
D Product Proposal
D Standard Terms and Conditions (Exhibit A)
D Product Specifications (Exhibit B)
• Supporting Documents (If Applicable)
0 Electrical Analysis
0 Turning Radius Report
B Product Warranties (Exhibit C)
D Dealer Supplied Products and/or Services (Exhibit D)

11.10 Consent Page 4
goldenstatefire.com >>

PRODUCT

PROPOSAL

11.10 Consent Page 5

OPTION A
100% PRE-PAYMENT
This will be the price of the Product(s)
contingent upon the Customer paying the
Grand Total Purchase Price to GSFA within
thirty (30) calendar days of the Executed Date
pursuant to the Payment Terms

IF YOU ELECT THIS OPTION,

IT RESULTS IN A SAVINGS OF
($178,748.37) OFF

OF THE GRAND TOTAL OF OPTION B
Please note this discount is also available contingent upon a Third Party {Leasing Company) paying 100% of the Grand Total Purchase Price on behalf of the Customer to GSFA within thirty /30) calendar days of the Executed Date pursuant to the Payment Terms

11.10 Consent Page 6
7400 Reese Road, Sacramento, CA 95828 I 916.330.1638
goldenstatefire.com >>
PRODUCT PROPOSAL FOR:

City of Tulare Fire Department
800 S. Blackstone Street
Tulare, CA 93274
Sales Consultant
Dewayne Young
[email protected]
Mobile: (209) 777-0650
SUBMITTED DATE EXPIRATION DATE GSFA PROPOSAL# MANUFACTURER BID# MANUFACTURER CONSORTIUM 01/02/2024 01/31/2024 30102-24A 952 Pierce
Manufacturing Inc.

Sourcewell #113021-
0KC-1, ID #252-
Member #85061
Golden State Fire Apparatus, Inc. l"GSFA") is pleased to provide this proposal for the fire apparatus(es) and equipment identified below (the "Product") to CITY OF TULARE FIRE DEPARTMENT !"Customer") for consideration. This proposal (this "Product Proposal") includes the following exhibits attached hereto: the Standard Terms and Conditions attached as Exhibit A (the "Terms and Conditions"); the Product Specifications attached as Exhibit B (the "Specifications"); the Product Warranties attached as Exhibit C; and the Dealer Supplied Products and/or Services attached as Exhibit D (the "Dealer Supplied Products/Services List") (all of the foregoing, collectively, the "Agreement"). Through its signature below or other Acceptance (as defined on page 2), Customer acknowledges having received and read, and agrees to be bound by, the Agreement. The Agreement shall be effective as of the latest date appearing in the signature blocks below (the "Executed Date").

ITEM PRODUCT DESCRIPTION UNIT PRICE
A One (1) Pierce Manufacturing, Inc. Impel 1500 GPM PLJCM Pumper 1,128,993.22 B Pre-Payment Discount for 100% Payment at Time of Order (the "Prepayment Discount") {164,709.81} C SUBTOTAL 964,283.41
D 7.25% State Sales Tax 79,553.38
E California Tire Fee 10.50
F 100% Performance Bond 2,558.00
G GRAND TOTAL PURCHASE PRICE 1,046,405.29
PAYMENT TERMS - Customer shall pay the total purchase price set forth directly above (the "Grand Total Purchase Price") to GSFA within thirty (30) calendar days of the Executed Date. If payment of the Grand Total Purchase Price is late, a late fee as specified in section 6 of the Terms and Conditions may be applied, and the Prepayment Discount may be adjusted, and the Grand Total Purchase Price increased in accordance with section 2.c of the Terms and Conditions. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions.

MANUFACTURER- Customer acknowledges that GSFA is not an agent of the Product manufacturer identified above !"Manufacturer") and is not capable of binding Manufacturer. Within five (5) business days of the Executed Date, GSFA shall submit an order form to the Manufacturer for the Product. GSFA's further performance under the Agreement is contingent upon Manufacturer's acceptance of such order form at the price and on the terms GSFA believed to be available when submitting this Product Proposal to Customer. If Manufacturer rejects such order as submitted or fails to respond to GSFA within a reasonable

11.10 Consent Page 7
7400 Reese Road, Sacramento, CA 95828 I 916.330.1638
goldenstatefire.com >>
amount of time, GSFA shall notify Customer in writing, and unless GSFA and Customer otherwise agree in writing, the Agreement shall then terminate and have no further force or effect.

PRODUCT COMPLETION - The Product shall be ready for final inspection by Customer at the manufacturing facility within approximately 46 to 49 MONTHS after the Executed Date. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PREDELIVERY SERVICE - If applicable, after transportation from the manufacturing facility and prior to final delivery or pick up, the Product shall receive those additional Products and/or services identified on the Dealer Supplied Products/Services List. It is estimated that such a service will add approximately 0.5 to 1 MONTH(Sl to the above Product completion estimate. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PROPOSAL EXPIRATION -This Product Proposal supersedes any previous proposal(s) presented to Customer by GSFA and its employees and may be accepted by Customer on or before the Expiration Date identified above. Unless accepted by the Expiration Date, GSFA reserves the right to withdraw this Product Proposal or to alter its terms (including by providing updated Product pricing) prior to an order being accepted.

PURCHASE ORDER - Any PO shall be made out to: Golden State Fire Apparatus, Inc. - 7400 Reese Road -Sacramento, CA 95828.

ACCEPTANCE -ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN GSFA AND CUSTOMER. "ACCEPTANCE" MEANS THAT THE CUSTOMER DELIVERS TO GSFA: (A) A SIGNED COPY OF THIS PRODUCT PROPOSAL, OR (B) A SIGNED COPY OF A PURCHASE ORDER INCORPORATING THE AGREEMENT IN ITS ENTIRETY. ANY ADDITIONAL OR DIFFERENT

TERMS, WHETHER CONTAINED IN CUSTOMER'S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED AND OF NO EFFECT UNLESS APPROVED IN WRITING SIGNED BY GSFA.

COUNTERPARTS - This Product Proposal may be executed in multiple counterparts, each of which shall be deemed an original (including copies sent to a party by electronic transmission) as against the party signing such counterpart, but which together shall constitute one and the same instrument. A signed copy of this Product Proposal delivered by facsimile, email or other means of electronic transmission will be deemed to have the same legal effect as delivery of an original signed copy of this Product Proposal.

If this Product Proposal is returned to GSFA with the signature of Customer's authorized representative but without an attestation or co-signers signature, then absent Customer's written notice to the contrary, GSFA shall be entitled to rely on such single signature as sufficient evidence of the signatory's authority to execute the Agreement and bind Customer thereby.

INTENDING TO CREATE A BINDING AGREEMENT, Customer and GSFA have each caused this Product Proposal dated 01/02/2024, GSFA Proposal Number 30102-24A to be executed by their duly authorized representatives effective as of the Executed Date.

ACCEPTED AND AGREED TO BY CUSTOMER ACCEPTED AND AGREED TO BY GSFA Signature of Authorized Customer Representative Signature of Authorized GSFA Representative Print Name Print Name
Title Title
Date Date

11.10 Consent Page 8

OPTION B

PAYMENT AT TIME OF DELIVERY OR PICKUP
This will be the price of the Product(s) contingent
upon the Customer paying the Grand Total
Purchase Price to GSFA at time of delivery or pickup
pursuant to the Payment Terms

11.10 Consent Page 9
7400 Reese Road, Sacramento, CA 95828 I 916.330.1638
goldenstatefire.com >>
PRODUCT PROPOSAL FOR:

Sourcewell #113021-
OKC-1, ID #252-
Member #26844
Golden State Fire Apparatus, Inc. l"GSFA") is pleased to provide this proposal for the fire apparatus(es) and equipment identified below (the "Product") to CITY OF TULARE FIRE DEPARTMENT ("Customer") for consideration. This proposal (this "Product Proposal") includes the following exhibits attached hereto: the Standard Terms and Conditions attached as Exhibit A (the "Terms and Conditions"); the Product Specifications attached as Exhibit B (the "Specifications"); the Product Warranties attached as Exhibit C; and the Dealer Supplied Products and/or Services attached as Exhibit D (the "Dealer Supplied Products/Services List") (all of the foregoing, collectively, the "Agreement"). Through its signature below or other Acceptance (as defined on page 2), Customer acknowledges having received and read, and agrees to be bound by, the Agreement. The Agreement shall be effective as of the latest date appearing in the signature blocks below (the "Executed Date").

ITEM PRODUCT DESCRIPTION UNIT PRICE
A One (1) Pierce Manufacturing, Inc. Impel 1500 GPM PLJCM Pumper 1,128,993.22 B 8.25% State Sales Tax 93,141.94
C California Tire Fee 10.50
D 100% Performance Bond 3,008.00
E GRAND TOTAL PURCHASE PRICE 1,225,153.66
PAYMENT TERMS - Customer shall pay the total purchase price set forth directly above (the "Grand Total Purchase Price") to GSFA no later than the time of GSFA's delivery of the applicable Product to Customer's address listed above (or Customer's pick up of such Product at GSFA's facilities, if approved by GSFA). GSFA shall have no obligation to deliver, or permit pick up of the Product if the Customer does not have full payment ready when the Product is complete and ready to deliver or pick up, as applicable. Customer shall pay any balance due as a result of Change Orders as described in the Terms and Conditions.

11.10 Consent Page 10
7400 Reese Road, Sacramento, CA 95828 I 916.330.1638
goldenstatefire.com >>
PRODUCT COMPLETION - The Product shall be ready for final inspection by Customer at the manufacturing facility within approximately 46 to 49 MONTHS after the Executed Date. The foregoing estimate is provided as a good faith approximation as of the date of submission of this Product Proposal and is subject to the Terms and Conditions.

PURCHASE ORDER - Any PO shall be made out to: Golden State Fire Apparatus, Inc. - 7400 Reese Road -Sacramento, CA 95828.

ACCEPTANCE -ACCEPTANCE OF THIS PROPOSAL CREATES AN ENFORCEABLE BINDING AGREEMENT BETWEEN GSFA AND CUSTOMER. "ACCEPTANCE" MEANS THAT THE CUSTOMER DELIVERS TO GSFA: (A) A SIGNED COPY OF THIS PRODUCT PROPOSAL, OR IB) A SIGNED COPY OF A PURCHASE ORDER INCORPORATING THE AGREEMENT IN ITS ENTIRETY. ANY ADDITIONAL OR DIFFERENT

TERMS, WHETHER CONTAINED IN CUSTOMER'S FORMS OR OTHERWISE PRESENTED BY CUSTOMER AT ANY TIME, ARE HEREBY REJECTED AND OF NO EFFECT UNLESS APPROVED IN WRITING SIGNED BY GSFA.

INTENDING TO CREATE A BINDING AGREEMENT, Customer and GSFA have each caused this Product Proposal dated 01/02/2024, GSFA Proposal Number 30102-24B to be executed by their duly authorized representatives effective as of the Executed Date.

11.10 Consent Page 11
goldenstatefire.com >>

STANDARD TERMS

AND CONDITIONS
Exhibit "A"

11.10 Consent Page 12
1 STANDARD TERMS AND CONDITIONS

1. Definitions.
a. "Agreement" has the meaning given in the Product Proposal. b. "Customer" means the customer identified in the Product Proposal. c. "Dealer Preparation," if applicable, means additional product(s) and/or services added by GSFA after Manufacturer's completion of the Product and prior to delivery, in accordance with the Dealer Supplied Products/Services List.
d. "Delivery Date" means the Product Completion timeframe plus the Predelivery Service timeframe equals the Delivery Date.
e. "Dealer Supplied Products/Services List" means the Dealer Supplied Products and/or Services List attached to the Product Proposal as Exhibit D, which reflects all Dealer Preparation under the Agreement absent a valid Change Order(s).
f. "Grand Total Purchase Price" means the total purchase price for the Product identified in the Product Proposal (subject to any adjustments required or permitted by these Terms and Conditions, including by the execution of a valid Change Order(s).
g. "GSFA" means Golden State Fire Apparatus, Inc., a California corporation. h. "Manufacturer" means the person or persons, company, firm, corporation, partnership, or other organization identified in the Product Proposal as responsible for manufacturing the Product. i. "Party" or "Parties" means GSFA and/or Customer, as applicable. j. "Predelivery Service" means the Products and/or Services that will be provided by GSFA after transportation of the Product(s) from the manufacturing facility and prior to Final Delivery or Pick-Up. k. "Prepayment Discount" means a discount to the purchase price for the Product granted to Customer in connection with Customer's advance payment of the Grand Total Purchase Price (or portion thereof, as specified in the Product Proposal).

I. "Product" means the fire apparatus(es) and any associated equipment listed in the Product Proposal and further described in the Specifications.
m. "Product Completion" means the fire apparatus(es) in the Product Proposal and further described in the Specifications being ready for final inspection by Customer at the manufacturing facility. n. "Product Proposal" means the GSFA proposal executed by Customer to which these Terms and Conditions are attached.
o. "Product Warranties" means the Manufacturer warranties for the Product attached to the Product Proposal as Exhibit C.
p. "Specifications" means the specifications for the Product attached to the Product Proposal as Exhibit B. q. "Terms and Conditions" means these Standard Terms and Conditions, which are attached to the Product Proposal as Exhibit A.

2.Purchase and Payment.
a. Purchase. Customer agrees to purchase the Product at the Grand Total Purchase Price (as such amount may be adjusted in accordance with these Terms and Conditions), pursuant to the payment terms set forth in the Product Proposal. The Grand Total Purchase Price is payable in U.S. dollars. b. Contingency Reserve Fund. The Grand Total Purchase Price may include an amount to be set aside for the purpose of funding any future costs or financial obligations incurred by Customer under the Product Proposal or any valid Change Order(s) (the "Contingency Reserve Fund"). If applicable, the amount of any required Contingency Reserve Fund will be set forth in either the Product Proposal or Exhibit D. The Contingency Reserve Fund may be withdrawn against by Customer or GSFA for the purpose of satisfying Customer's payment obligations under the initial Product Proposal or any valid Change Order(s) (including, without limitation, a Change Order submitted by GSFA pursuant to Section 8.b). If a Contingency Reserve Fund is required under the Agreement, the amount of such fund is not intended as an estimate of the actual additional costs of contingencies, Change Orders, unforeseen items

11.10 Consent Page 13
2 or other required work that may be incurred under the Agreement after submission of the Product Proposal to Customer, which amounts Customer acknowledges may exceed the Contingency Reserve Fund amount. The balance of any Contingency Reserve Fund will be credited against Customer's payment obligations, or otherwise returned to Customer within thirty (30) calendar days of delivery of all Products under the Agreement (provided that Customer has paid all amounts owed under the Agreement as of such date). c. Prepayment Discount. If GSFA has granted Customer a Prepayment Discount, Customer must provide each associated prepayment (each, a "Prepayment") within the time frame specified in the Product Proposal in order to receive such discount. Customer's failure to timely make such Prepayment may result in: (i) GSFA's termination of the Agreement; and/or (ii) Customer's loss of the Prepayment Discount for the portion of the Grand Total Purchase Price represented by such outstanding Prepayment and the application of a late fee as set forth in Section 6, in each case in GSFA's sole discretion.
d. State Sales Tax. Customer shall be responsible for the cost of state sales tax associated with, or attributable to, the Product. The taxes stated in the Product Proposal are subject to adjustment for the applicable state sales tax rate in effect at the time of delivery. Therefore, the sales tax set forth on the Product Proposal is only an estimate of such taxes and will be increased or decreased at the time of delivery if a change in the applicable sales tax rate has occurred, in which case Customer shall pay GSFA (or be refunded by GSFA) the difference in the applicable sales tax.

3. Product Completion Date. Within thirty (30) calendar days of the date on which the last required signatory executes the Product Proposal (such date, the "Executed Date"), GSFA shall submit to Customer a tentative Product completion date (which may differ from the Product completion estimate contained in the Product Proposal). Due to global supply chain constraints, any Product completion date contained herein, or in the Product Proposal, or otherwise provided to Customer, is a good faith estimate only as of the date provided to Customer, and merely an approximation based on current information available to GSFA and Manufacturer. Customer shall not be entitled to rely on any such estimate, and GSFA shall have no liability to Customer for a failure by GSFA or Manufacturer to meet any such estimate. All Product completion estimates are subject to modification and, if applicable, GSFA will provide updates to such estimates to Customer when available.

4.Stock/ Demo Units. Notwithstanding any other provision contained in the Agreement (including Section 12 hereof concerning warranties), any Products constituting stock/demo unit(s) are sold to Customer on an as-is, first-come and first served-basis and GSFA makes no further representation or warranty to any customer with respect to such unit(s). Regardless of the terms of the Product Proposal, GSFA shall only be obligated to sell such stock/demo unit(s) to the first customer to enter into a purchase agreement with GSFA identifying such unit(s), and after the execution by GSFA of such agreement any subsequent purchase agreement (including the Agreement, as applicable) shall have no further force or effect with respect to such unit{s).

5. Multiple Unit Purchase. If the Grand Total Purchase Price includes pricing for multiple Products, the Product price stated in the Product Proposal shall only be valid if the quantity of Products being proposed are purchased at the same time, pursuant to the same Agreement. GSFA shall have no obligation to offer the same price for any Product if purchased by Customer pursuant to a later purchase agreement.

6. Late Fee: Storage Fee. A late fee equal to 0.033% of the outstanding portion of the Grand Total Purchase Price will be charged per calendar day for overdue payments beginning ten (10) calendar days after the payment is due and continuing for the first thirty (30) calendar days thereafter. After such thirty (30) calendar day period, the late fee shall increase to 0.044% per calendar day until payment of the outstanding portion of the Grand Total Purchase Price is received. If Customer is unable to satisfy the delivery requirements hereunder or is unwilling to take delivery of the Product, then GSFA shall be entitled to a storage charge running from the earlier of: (i) the date of delivery agreed to between GSFA and Customer (provided GSFA is willing and able to deliver the Product on such date], or (ii) twenty-one (21) calendar days after GSFA notifies Customer that the Product is available for delivery. The storage charge is equal to: Ii) $175.00 per calendar day per apparatus stored, or (ii) the actual charges incurred by GSFA with a third party for storage of the Product, whichever is greater. Such storage charge shall continue until the actual time

11.10 Consent Page 14
3 of delivery and Customer's possession of the Product, and any such storage by GSFA or such third party shall be at the sole risk of Customer.

7. Delivery; Inspection and Acceptance.
a. Delivery. Subject to Section S hereof, the Product is scheduled to be delivered to the location and within the time period specified in the Product Proposal. Such delivery date is an estimate, and GSFA is, notwithstanding this Section 7.a, not bound to such date unless it otherwise agrees in a separate writing to complete delivery by a date certain. For the avoidance of doubt, GSFA is not responsible for delivery delays caused by or because of actions, omissions or conduct of Customer, the Manufacturer, or their respective employees, affiliates, suppliers, contractors, and carriers. Risk of loss for the Product shall pass to Customer at the point and time of delivery (which shall include an attempted delivery by GSFAwhich cannot be completed due to any act of Customer). However, title to the Product shall only pass to Customer upon delivery if Customer has then fully paid GSFA all amounts due hereunder (including additional amounts due under any valid Change Order). Absent GSFA's separate written agreement, which it may or may not provide in its sole and absolute discretion, delivery of the Product will not occur before Customer has fully paid all amounts due under the Agreement and provided proof of insurance reasonably satisfactory to GSFA. If GSFA permits Customer to take possession of the Product, Customer may not mount equipment, conduct training, or place the Product into service until all amounts due under the Agreement have been paid. If Customer has ordered multiple Products, GSFA reserves the right to deliver such Products in installments and to separately invoice Customer for such Products.
b. Inspection and Acceptance. Upon delivery, Customer shall have ten (10) calendar days within which to inspect the Product for substantial conformance to the Specifications, and in the event of substantial nonconformance to the Specifications to furnish GSFA with written notice sufficient to permit GSFA to evaluate such non-conformance ("Notice of Nonconformance to Specifications"). Contingent upon part availability and Customer's cooperation, any Product not in substantial conformance to material Specifications shall be remedied by GSFA (by repair or replacement, at GSFA's election) within thirty (30) calendar days from GSFA's receipt of the Notice of Nonconformance to Specifications. In the event GSFA does not receive a Notice of Nonconformance to Specifications within ten (10) calendar days of delivery, the Product will be deemed to be in conformance with Specifications and accepted by Customer.

8. Changes to Agreement Terms.
a. Change Orders. The Customer may request that GSFA incorporate a change to the Product or the Specifications for the Product, or GSFA may submit changes to the Agreement required or permitted to be made by GSFA (pursuant to Section 8.b or otherwise) by delivering a written Change Order to the other party hereto, which shall include a description of the proposed change sufficient to permit the receiving party to evaluate such change (either, a "Change Order"). For any Change Order submitted by Customer, GSFA will provide Customer a written response la "Response") stating Ii) whether GSFA will accommodate such Change Order (which GSFA may decide in its sole and absolute discretion); and (ii) the terms of the modification to the order, including any increase or decrease in the Grand Total Purchase Price resulting from such Change Order, a date on which any increase in the Grand Total Purchase Price must be paid, and an estimate of any effect on production scheduling or delivery resulting from such Change Order. Customer shall have seven (7) calendar days after receipt of the Response to notify GSFA as to whether Customer desires to make the changes GSFA has approved in the Response. In the event Customer countersigns GSFA's Response, Customer shall pay the increase (or be refunded the decrease) in the Grand Total Purchase Price by the date specified in the Response. GSFA may also send Customer a Change Order to account for any changes to the Agreement required or permitted to be made by GSFA (including those changes required pursuant to Section 8.b hereof), and such Change Order shall be effective upon delivery to Customer unless Customer elects to terminate the applicable Product order under the Agreement in accordance with Section 9.

11.10 Consent Page 15
4 b. Additional Changes.
i. Component Price Volatility; Increases Imposed by Manufacturer. GSFA shall not be responsible for (i) any unforeseen price increase or surcharge enacted by suppliers of major components of the Product (including but not limited to commercial chassis, engine, transmission, and fire pump); or (ii) price increases imposed on GSFA by Manufacturer pursuant to Manufacturer's terms and conditions for sale of the Product (a "Manufacturer Price Increase"), after Customer becomes bound by the Agreement. Customer shall be responsible for all amounts arising from any price increases for major components of the Product (including all associated taxes and fees thereon) for the Product or any Manufacturer Price Increases occurring after the execution of the Agreement which increases the cost of the Product to GSFA, and such amounts will be documented on a Change Order adjusting the Grand Total Purchase Price accordingly. Customer shall pay any such price increase prior to Product delivery. A Manufacturer Price Increase may include, but shall not be limited to, an increase in Product price resulting from an increase in the Producer Price Index of Components for Manufacturing (see www.bls.gov Series ID: WPUID6112) in excess of a compounded annual growth rate of five percent (5%), as measured between the month Manufacturer accepts the applicable Product order and the month that is fourteen (14) months prior to the then-current estimated Product completion date (the foregoing, a "PPI-Based Price Increase"). If, upon Customer's receipt of a Change Order reflecting a PPI-Based Price Increase, Customer elects to terminate the applicable Product Order in accordance with Section 8.b.iii rather than pay such increase, then in lieu of the cancellation fees described in Section 9.a hereof GSFA shall be entitled to recover and Customer shall pay GSFA's actual non-reimbursable costs incurred in connection with the Product order through the date of Customer's termination of such Product order. ii. New Legal Standards. In the event the Product design, materials or specifications require an alteration arising from new regulations issued by any governmental entity or trade association, including, but not limited to, the NFPA, DOT, and EPA, and such alteration increases the cost of the Product to GSFA, Customer shall be responsible for changes to the Grand Total Purchase Price arising from such alteration. GSFA shall promptly notify Customer when it becomes aware of any potential or required change in regulations occurring prior to delivery that would impact the Product purchased.
iii. Change Orders. Customer shall execute any Change Order submitted by GSFA documenting any of the changes required or permitted by Sections 8.b.i and 8.b.ii above (which shall, to the extent practicable, itemize any increases in the Grant Total Purchase Price and specify a commercially reasonable date by which Customer must pay such increase), unless Customer instead elects to terminate the applicable Product order under the Agreement within fifteen (15) calendar days of Customer's receipt of such Change Order and in accordance with Section 9.

Absent such a termination, failure to execute a Change Order does not alter Customer's obligations under this Section 8.b.
c. Changes in Commercial Specifications. Specifications for all components of the Product manufactured by companies other than the Manufacturer are subject to change without notice. Specifications for such components will be as available at the time of manufacture of the Product. GSFA shall not be liable for any deviations in such specifications arising from a substitution of components or changes in the design of any component by their original manufacturer.

9.Termination.
a. By Customer. Customer may terminate a Product order identified in the Product Proposal or a Change Order by providing written notice to GSFA in accordance with Section 16 hereof. If Customer elects to terminate a Product order, Customer shall pay GSFA a cancellation fee as follows: (a) after the Product order is accepted and entered by GSFA, 10% of the portion of the Grand Total Purchase Price applicable to such Product (including all associated taxes, fees and costs) {such amount, the "Product Purchase Price"); (b) after completion of the preconstruction phase of the order process, 20% of the Product Purchase Price; and (c) after the requisition of any materials or commencement of any manufacturing or assembly of the Product by either GSFA or Manufacturer but before substantial completion of such Product, 50% of the Product Purchase Price. Customer shall not be permitted to terminate a Product order after substantial completion of manufacturing and assembly of such Product (excluding

11.10 Consent Page 16
5 any Dealer Preparation or other pre-delivery services or untypical Product customization, if applicable).

Notwithstanding the foregoing, if the applicable tier of cancellation fee is not sufficient to cover all actual costs and fees incurred by GSFA with Manufacturer in connection with Customer's termination of the Product order ("Manufacturer Termination Fees"), then in addition to such cancellation fee Customer shall pay the balance of all Manufacturer Termination Fees. If Customer received a Prepayment Discount, such discount shall not be considered for the purpose of calculating the above cancellation fee. The tier of cancellation fee applicable to any cancellation, as well as the determination of whether a Product has reached substantial completion, shall be in the sole and absolute discretion of GSFA. Customer may request a fee waiver, and GSFA, in its sole discretion, may agree to waive and/or adjust such fee. GSFA will return the balance of the Grand Total Purchase Price or Product Purchase Price, as applicable, within thirty (30) calendar days of the effective date of the cancellation of the Product order or termination of the Agreement.

Customer may terminate the Agreement for an Event of Default by GSFA after providing GSFA with written notice in accordance with Section 16 (which notice shall describe with reasonably particularity the Event of Default justifying such termination) if such Event of Default remains uncured (if capable of cure) thirty (30) days following GSFA's receipt of such notice; provided, however, that the foregoing cure period shall continue if and for so long as GSFA has commenced and is continuing to undertake commercially reasonable efforts to cure such Event of Default as promptly as reasonably practicable.
b. By GSFA. GSFA may terminate the Agreement for an Event of Default by Customer after providing Customer with written notice in accordance with Section 16 (which notice shall describe with reasonably particularity the Event of Default justifying such termination) if such Event of Default remains uncured (if capable of cure) thirty (30) days following Customer's receipt of such notice; provided, however, that the foregoing cure period shall continue if and for so long as Customer has commenced and is continuing to undertake commercially reasonable efforts to cure such Event of Default as promptly as reasonably practicable. Notwithstanding the foregoing, GSFA may terminate the Agreement effective immediately upon written notice to Customer for Customer's failure to pay any amount owed under the Agreement when due.

Notwithstanding any other provision of this Agreement, if Customer terminates a Product order in accordance with Section 9.a above, GSFA may elect to instead terminate the Agreement upon notice to Customer in accordance with Section 16 hereof. If GSFA terminates the Agreement in accordance with this Section 9.b, Customer shall pay the applicable tier of cancellation fee for all Products pursuant to Section 9.a above as if Customer had elected to terminate each applicable Product order.
c. Based on Discontinuation or Cancellation by Manufacturer. In the event that Manufacturer cancels a Product order (provided that such cancellation is not the result of an act by Customer in violation of the Agreement) or discontinues the manufacture of a Product prior to its completion and delivery: (i) if such Product is the only Product contemplated under the Agreement, then the Agreement shall terminate; or (ii) if additional Products are contemplated under the Agreement, then only the Product order for the applicable cancelled or discontinued Product shall be terminated. Such Agreement termination or Product termination, as applicable, shall be effective upon GSFA's written notice to Customer of such cancellation or discontinuance in accordance with Section 16 hereof.

GSFA's only obligation to Customer in such event shall be the return of any Prepayment paid by Customer for the cancelled or discontinued Product. For the avoidance of doubt, the cancellation fees contemplated in Section 9.a hereof shall not apply in the event of a termination pursuant to this Section 9.c.

10. Customer's Obligations. Customer shall provide its timely and best efforts to cooperate with GSFA and Manufacturer during the Product manufacturing process. Reasonable and timely cooperation includes, without limitation, Customer's providing timely information in response to any requests from Manufacturer or GSFA and the participation of Customer's authorized representatives in traveling to Manufacturer's facility for inspections and approval of the Product, including a final approval before the Product leaves Manufacturer's facility.

11. Representations and Warranties. Customer hereby represents and warrants to GSFA as of the Executed Date that the execution of the Agreement and the purchase of the Product(s) and performance of the other obligations

11.10 Consent Page 17
6 of Customer under the Agreement have been approved by Customer in accordance with applicable general laws and, as applicable, Customer's charter, ordinances, purchasing policies, and other governing documents, and executed by the appropriate Customer employees, officials, and/or representatives, and funding for Customer's performance of its obligations under the Agreement has been duly budgeted and appropriated by Customer.

12. Standard Warranty. All applicable Manufacturer warranties are contained in the Product Warranties. Any additional warranties must be expressly approved in a writing signed by GSFA, and Customer acknowledges and agrees that Manufacturer will not be liable for any such additional warranties. a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THE AGREEMENT, GSFA, ITS AFFILIATES, AND THEIR

RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, DO NOT MAKE

ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT (WHETHER RELATING TO THE CONDITION

OR QUALITY OF THE PRODUCT, OR OTHERWISE) PROVIDED HEREUNDER OR OTHERWISE REGARDING THE

AGREEMENT (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY APPLICABLE DEALER PREPARATION), WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY

IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, THE

IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.

STATEMENTS MADE BY SALES CONSULTANTS OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. b. Exclusions of Incidental and Consequential Damages. In no event shall GSFA be liable for consequential, incidental, or punitive damages incurred by Customer in connection with any matter arising out of or relating to the Agreement, or the breach thereof, even if GSFA has been advised of the possibility of such damages, and regardless of whether such damages arise out of breach of warranty, the Agreement, indemnity, whether resulting from nondelivery or from GSFA's own negligence, or otherwise, except and solely to the extent such damages arise from the gross negligence or willful misconduct of GSFA.

13. Default. The occurrence of one or more of the following events (each, an "Event of Default") shall constitute a default under the Agreement: (a) Customer's failure to pay any amounts due or to perform any of its obligations under the Agreement; lb) GSFA's failure to perform any of its obligations under the Agreement; le) either Party becoming insolvent or becoming subject to bankruptcy or insolvency proceedings; (d) any representation made by either Party under the Agreement which is false in any material respect; (e) any action by Customer to dissolve, merge, consolidate or transfer a substantial portion of its property to another entity during the term of the Agreement; (f) any other material breach of the terms of the Agreement by a Party; or (g) a default or breach by Customer under any other agreement with GSFA or its affiliates.

14. Indemnification of GSFA. Customer shall indemnify, defend, and hold harmless GSFA, its agents, servants, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses, including attorneys' fees and other legal expenses, of whatever nature ("Damages"), to the extent Damages arise out of or in connection with: (i) Customer's breach of the Agreement, or (ii) Customer's use, storage, or operation of the Product following delivery, regardless of where, how, and by whom operated (excluding any negligent operation by GSFA).

The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of the Agreement, whether by expiration of time, by operation of law or otherwise.

This provision is not intended to and shall not constitute the exclusive remedy of the Parties under the Agreement; the Parties may seek indemnity from one another under other legal principles, whether based in equity or law, so long as they do not nullify or cancel the effects of this paragraph.

15.Force Majeure. GSFA shall not be responsible nor deemed to be in default of any provision of the Agreement on account of delays in performance due to causes which are beyond GSFA's or Manufacturer's control and which make GSFA's performance impracticable, including but not limited to wars, insurrections, strikes or labor unrest, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of federal, state or local government, failure or delays in transportation, inability to obtain necessary labor, supplies or manufacturing facilities, supply chain issues, allocation regulations or orders affecting materials, equipment, facilities or completed

11.10 Consent Page 18
7 products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, disease, pandemics or epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their agreements or labor troubles causing cessation, slowdown, or interruption of work.

16. Notice. Any notices, requests, consents, claims, demands, waivers and other communications required or permitted to be given hereunder must be given in writing at the address of each Party set forth below, or to such other address as either Party may substitute by written notice to the other in accordance with this Section 16, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally recognized private express courier. All such communications will be deemed to have been given: Ii) when delivered by hand (with written confirmation of receipt); Iii) on the third 13'') calendar day after the date mailed, by registered, express or certified mail; or (iii) when delivered by the addressee if sent by a nationally recognized private express courier.

GSFA:

Golden State Fire Apparatus Inc.
7400 Reese Road
Sacramento, CA 95828
CUSTOMER:

To the address listed in the Product Proposal

17. Contradictions. In the event of a conflict between the Agreement and any Change Order, or between Change Orders, the terms of the latest executed Change Order shall control.

18. Manufacturer's Statement of Origin. It is agreed that the manufacturer's statement of origin l"MSO") for the Product covered by the Agreement, if applicable, shall be retained and remain in the possession of GSFA per California Department of Vehicles (DMV) directives. Notwithstanding the foregoing, GSFA shall provide Customer with the original MSO if the Customer is self-registering, and Customer shall comply with all good-faith Process of Duty and other DMV requirements applicable to the Product and retain its own MSO.

19.Assignment. The relationship of the Parties established under the Agreement is that of independent contractors and neither Party is a partner, employee, agent, or joint venturer of or with the other. Neither Party may assign its rights and obligations under the Agreement unless it has obtained the prior written approval of the other Party.

20.Governing Law; Jurisdiction: Disputes. Without regard to any conflict of laws provisions, the Agreement is to be governed by and under the laws of the state of California. Prior to taking any legal action that may and/or can arise out of the Agreement, the Parties shall first attempt mediation with an agreed upon mediator. If the Parties cannot agree upon a mediator within thirty (30) calendar days of the submission of written notice of a dispute in accordance with Section 16 hereof, if any disputed matter remain unresolved within thirty (30) calendar days of the commencement of discussions, or if any party refuses to meet, then either party may submit any remaining disputes concerning and/or claim regarding the Agreement and/or the terms and conditions herein to the Superior Court, County of Sacramento (and the parties expressly consent to exclusive personal jurisdiction and venue before such court).

21. Entire Agreement; Amendments. The Agreement, including the Product Proposal, its exhibits, and all valid Change Orders, is the exclusive agreement between the Parties regarding the subject matter contained herein and therein. No change in, modification of, or revision of the Agreement shall be valid unless in writing and signed by duly authorized representatives of both Parties with authority to sign such amendments to the Agreement.

END OF STANDARD TERMS AND CONDITIONS

11.10 Consent Page 19
Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Landscape Maintenance District 2024-01

RECOMMENDED ACTION
Adopt a resolution establishing Assessment District 2024-01 for the Wild Oak subdivision, and ordering associated public improvements for the district.

SUMMARY
Attached is a resolution to establish a new landscape maintenance district. This new district will provide for maintenance of local streets within the developments, maintenance of landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common lot areas, and maintenance of neighborhood park and playground equipment. With this new district, the following maintenance activities are specifically included:
• Assessments are subject to yearly increases in the Consumer Pricing Index (CPI). • Common lot sidewalk repairs due to accidents, ground settlement, tree damage, or vandalism.
• Graffiti Abatement.
• Common lot landscape and irrigation maintenance.
• Block wall maintenance.
• Routine maintenance and life-cycle replacement of neighborhood park and playground equipment.
• Local street maintenance within the assessment district boundaries.

The attached engineers report outlines the procedural costs and location of the district.

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

LEGAL REVIEW
None.

ALTERNATIVE ACTION

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

Item #: 12.1
Public Hearing

12.1 Public Hearing Page 1

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

2. LMD 2024-01 Formation Engineer’s Report
Reviewed/Approved:

12.1 Public Hearing Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ORDERING IMPROVEMENTS AND THE LEVYING OF FEES FOR
ASSESSMENT DISTRICT NO. 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 at their regularly scheduled meeting on December 19, 2023, adopted Resolution 2023-51, a Resolution Initiating Proceedings for the formation of Assessment District No. 2024-01, City of Tulare, Tulare County, California, and directed the preparation and filing of an Engineer’s Report on the proposed formation.

Section 2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.

Section 3. The Owners of all properties within the boundaries of the proposed assessment district have filed their consent to the formation of the proposed district, the adoption of the Engineer’s Report, and the levy of assessments stated therein.

Section 4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.

Section 5. The City Council hereby confirms the diagram and assessment contained in the Engineer’s Report, thereby establishing the maximum assessment for the district based upon its full build-out scenario and subject to annual Consumer Price Index (CPI) adjustments and levies the assessment for the fiscal year 2024-2025.

Section 6. The City Council hereby forwards the following attachments to the Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to County Auditor.
b. Engineer’s Report for Assessment District No. 2024-01.

PASSED, APPROVED, AND ADOPTED on this 16th day of January 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

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

12.1 Public Hearing Page 3 ATTACHMENT 1

ENGINEER'S REPORT

CITY OF TULARE LANDSCAPE ASSESSMENT DISTRICT

FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT
2024-01
DATED: Jantary 5.2024
Michael W. , City Engineer
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and By:

Assessment Diagram thereto attached,
_,2024.
was filed with me
By:

Chief Deputy ty Clerk and Clerk
Of the Council of the City of Tulare
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Council of the City of Tulare, California, on the day of 2024.

By:

Chief Deputy City Clerk and Clerk
Of the Council of the City of Tulare
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Tulare on the _ day of 2024
Chief Deputy City Clerk and Clerk
Of the Council of the City of Tulare
By:

12.1 Public Hearing Page 4 ATTACHMENT 2

ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT NO. 2024.01
(Pursuant to Landscaping and Lighting Act of 1972)
Michael W. Miller, Engineer of Work for Landscape Maintenance District No. 2024-01, City of Tulare, Tulare County, California makes this report, as directed by the City Council, pursuant to Sections 22586 and22623 of the Streets and Highway Code (Landscaping and Lighting Act of 1972).

The improvements which are subject of this report are briefly described as follows:

Landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common area lots, neighborhood pork and trail improvements and oppurtenances, and street maintenance costs associated with local streets and alleys within the district boundaries associatedwith the WriH Oak subdivision.

This report consists of the four parts, as follows:

Part A - Plans and specifications for the improvements are filed with the City Clerk' Although separately bound, the plans and specifications are a part of this report and are included in it by reference.

Part B -
Part C -
Part D -
An estimate of the cost of the improvement.

Diagrams of the landscape maintenance assessment district.

An assessment of the estimated cost of the improvement.

Respectfully submitted,
/,lt^LJ br lt4.a-- / tvtichael W. trrtitGr, City Engineer

12.1 Public Hearing Page 5
PART A
(Assessment District No. 2024-01 Improvements)
Detailed landscape plans and specifications will be hled with the Engineering Services Department and are incorporated in this report by reference. The following improvements are within this proposed assessment district:
o Seven-foot tall block wall along common lots dedicated for landscaping pu{poses. o Landscaping and inigation systems within cornmon lots dedicated for landscaping purposes.
o Public sidewalks along frontages of common lots dedicated for landscaping pu{poses . Neighborhood park, trail and playground improvements and appurtenances. . Supplemental preventative maintenance measures for local streets and alleys located within the district boundaries.

12.1 Public Hearing Page 6
PART B
(Assessment District No. 2024-01 Estimate of Cost)
Total cost of maintenance for the purposes of district formation are based upon the following factors:

Assessments are subject to yearly increases in accordance with the CPI (Consumer Price Index) for the Los Angeles - Anaheim area.

Funding for the replacement of neighborhood park and trail improvements and appurtenances is based on an estimated 2}-year life cycle.

Assessments include supplemental preventative maintenance measures for local streets and alleys located within the district boundaries.

Assessments also include repairs due to vandalism or accidents; cost of supplying water and electricity; annual county and city administrative charges; contract maintenance charges; graffrti abatement; and miscellaneous charges such as public hearing notices.

Number of single-family equivalents/assessments: 83
Total Landscape/Park Area: approx. 58,216 square feet
a
a
o
a
Postage $78.00
Repairs and Maintenance (Common Lot & Park Areas) $2.400.00 Contract Maintenance $17,174.00
Local Street Preventative Maintenance & Materials $4,000.00 Park and Trail Equipment Replacement $5,750.00
Ponding Basin Maintenance & Regulatory C $0.00
General Supplies $3,000.00
utilities $9,000.00
Printing, Copying, Advertising $130.00
Citv Administrative Fees $3.000.00
Tulare County Administrative Fees $449.00
Total Estimated Annual Expenses For Assessment District No. 2024-0t
$44,981.00

12.1 Public Hearing Page 7
PART C
(Assessment District 2024-0I Diagrams)
o Exhibit A - Assessment District Boundaries and Vicinity Map o Exhibit B - Lot Numbering and Subdivision Phasing Map o Exhibit C - Local Streets Within District
o Exhibit D - Common Lot and Park Areas Within District o Exhibit E - Common Lot Block Wall

12.1 Public Hearing Page 8
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ASSESSMENT DISTRICT 2O24_O1
EXHIBIT A: ASSESSMENT DIAGRAM

12.1 Public Hearing Page 9

PLEASANT AVE,

LENGEND
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BOUNDART DP LOT NUMBER
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NUMBER OF LOTS

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ASSESSMENT DISTRICT 2O2+_O1
EXHIBIT B: LOT NUMBER AND PHASING MAP

12.1 Public Hearing Page 10
PLEASANT AVE.

LENGEND

PROJECT
BOUNDART s B a) b

LOCAL STREET

OAK FALLS COURT

PAVEMENT QUANTITIES
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ELDRIDGE AVENUE
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EXHIBIT C LOCAL STREETS

12.1 Public Hearing Page 11

PLEASANT AVE,

LENGEND
PHASE UNE i
I LANDSCAPE o b h 1) b

COMMON LOT OUANTITIES
EAK FALLS CI]URT
58,216 SF
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EXHIBIT D: COMMON LOT AREAS

12.1 Public Hearing Page 12

PLEASANT AVE,

LENGEND

PRG'ECT
BOUNDART i
a b h 1) b
-
BLoCK WALl_

OAK FALLS COURT

BLOCK WALL QUANTITIES
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9 \u I \b .x \o

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ELDRIDGE AVENUE ,t
&

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EXHIBIT E BLOCK WALL

12.1 Public Hearing Page 13
PART D
(Assessment District 2024-01Assessment of the Estimated Cost of the Improvement) a) Total acreage subject to assessment: 10.0 acres
b) Single-family residential (SFR) acreage: 10.0 acres
c) Single-family residential (SFR) density: # SFR Units / SFR Acreage :83 I 10.0 : 8.3 DU / acre
d) Total number of SFR equivalent units subject to assessment : 83 e) Proposed assessment per SFR equivalent at time of formation : $44,981 I 83 : $542.00. f) Proposed single-family lot assessment at time of formation: $542.00

12.1 Public Hearing Page 14
Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Engineering Services - Engineering
Submitted by: City Engineer Michael Miller
Agenda Title: Landscape Maintenance District 2024-02

RECOMMENDED ACTION
Adopt a resolution establishing Assessment District 2024-02 for the Fulton Estates subdivision, and ordering associated public improvements for the district.

The attached engineers report outlines the procedural costs and location of the district.

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

LEGAL REVIEW
None.

ALTERNATIVE ACTION

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

Item #: 12.2
Public Hearing

12.2 Public Hearing Page 1

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.

ATTACHMENTS

1. Resolution

2. LMD 2024-02 Formation Engineer’s Report
Reviewed/Approved:

12.2 Public Hearing Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

ORDERING IMPROVEMENTS AND THE LEVYING OF FEES FOR
ASSESSMENT DISTRICT NO. 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 at their regularly scheduled meeting on December 19, 2023, adopted Resolution 2023-50, a Resolution Initiating Proceedings for the formation of Assessment District No. 2024-02, City of Tulare, Tulare County, California, and directed the preparation and filing of an Engineer’s Report on the proposed formation.

Section 2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.

Section 4. The City Council hereby orders the improvements and the formation of the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.

PASSED, APPROVED, AND ADOPTED on this 16th day of January 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

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

12.2 Public Hearing Page 3 ATTACHMENT 1

ENGINEER'S REPORT

CITY OF TULARE LANDSCAPE ASSESSMENT DISTRICT

FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT
2024-02
DATED: Januarv 5.2024
By:
w , City Engineer
I HEREBY CERTIFY that the enclosed Engineer's Report, with Assessment and Assessment Diagram thereto attached, was filed with me on the day _,2024
By
Chief Clerk and Clerk
Of the Council of the City of Tulare
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Council of the City of Tulare, California, on the day of 2024.

By:

Chief Deputy City Clerk and Clerk
Of the Council of the City of Tulare
By

12.2 Public Hearing Page 4 ATTACHMENT 2

ENGINEER'S REPORT
LANDSCAPE MAINTENANCE DISTRICT NO. 2024-02
(Pursuant to Landscaping and Lighting Act of 1972)
Michael W. Miller, Engineer of Work for Landscape Maintenance District No. 2024-02,City of Tulare, Tulare County, California makes this report, as directed by the City Council, pursuant to Sections 22586 and22623 of the Streets and Highway Code (Landscaping and Lighting Act of te72).

The improvements which are subject of this report are briefly described as follows Landscaping, inigation systems, pedestrian sidewallr and block walls associated with common area lots, neighborhood park and trail improvements and oppurtenances, and street maintenance costs associated with local streets within the district boundaries associated with the Fulton Estates subdivision.

This report consists of the four parts, as follows:

Part A - Plans and specifications for the improvements are hled with the City Clerk.

Although separately bound, the plans and specifications are apart of this report and are included in it by reference.

Part B -
Part C -
Part D -
An estimate of the cost of the improvement.

Diagrams of the landscape maintenance assessment district.

An assessment of the estimated cost of the improvement.

Respectfully submitted,
Michael W. , City Engineer

12.2 Public Hearing Page 5
PART A
(Assessment District No. 2024-02 Improvements)
Detailed landscape plans and specifications will be filed with the Engineering Services Department and are incorporated in this report by reference. The following improvements are within this proposed assessment district:
o Seven-foot tall block wall along common lots dedicated for landscaping purposes. o Landscaping and inigation systems within common lots dedicated for landscaping purposes.
o Public sidewalks along frontages of common lots dedicated for landscaping purposes . Neighborhood park, trail and playground improvements and appurtenances. o Supplemental preventative maintenance measures for local streets located within the district boundaries.

12.2 Public Hearing Page 6
PART B
(Assessment District No. 2024-02 Estimate of Cost)
Total cost of maintenance for the purposes of district formation are based upon the following factors:

Assessments are subject to yearly increases in accordance with the CPI (Consumer Price Index) for the Los Angeles - Anaheim area.

Funding for the replacement of neighborhood park and trail improvements and appurtenances is based on an estimated 2}-year life cycle.

Assessments include supplemental preventative maintenance measures for local streets located within the district boundaries.

Assessments also include repairs due to vandalism or accidents; cost of supplying water and electricity; annual county and city administrative charges; contract maintenance charges; graffiti abatement; and miscellaneous charges such as public hearing notices.

Number of single-family equivalents/assessments: 184
Total Landscape/Park Area: approx. 78,392 square feet
a
a
o
a
Postage $r74.00
Repairs and Maintenance (Common Lot & Park Areas) $3,200.00 Contract Maintenance s23,126.00
Local Street Preventative Maintenance & Materials $9.000.00 Park and Trail Equipment Replacement $s,750.00
Ponding Basin Maintenance & Regulatory Compliance $0.00 General Supplies $4,000.00
utilities $11,800.00
Printine. Copyins, Advertising $276.00
City Administrative Fees $3,000.00
Tulare County Administrative Fees $7s2.00
Total Estimated Annual Expenses For Assessment District No. 2024-02
$61,078.00

12.2 Public Hearing Page 7
PART C
(Assessment District 2024-02 Diagrams)
o Exhibit A - Assessment District Boundaries and Vicinity Map o Exhibit B - Lot Numbering and Subdivision Phasing Map o Exhibit C - Local Streets Within District
o Exhibit D - Common Lot and Park Areas Within District o Exhibit E - Common Lot Block Wall

12.2 Public Hearing Page 8
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ASSESSMENT DISTRICT 2O2+-O2
EXHIBIT A: ASSESSMENT DIAGRAM

12.2 Public Hearing Page 9

LENGEND
ub

NUMBER OF LOTS

PHASE UNE

LOT NUMBER
lOO LOTS
84 LOTS
PIIASE 1 =
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EXHIBIT B: LOT NUMBER AND PHASING MAP

12.2 Public Hearing Page 10
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LENGEND

PHASE UNE

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PAVEMENT QUANTITIES NI
PHASE 1 = 151,888SF N.T.S / = 75,855 SF
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EXHIBIT C LOCAL STREilS

12.2 Public Hearing Page 11
I [At'lDscAPE

COMMON LOT QUANTITIES
I.ENGEND

PHASE UNE
23,711 SF
54,681 SF
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EXHIBIT D: COMMON LOT ARFAS

12.2 Public Hearing Page 12
l-ENGEND

PROJECT

BOUNDARY
BLOCK V{ATI

BLOCK WALL QUANTITIES
't900 LF
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ASSESSMENT DISTRICT 2O2+-O2

EXHIBIT E BLOCK WALL

12.2 Public Hearing Page 13
PART D
(Assessment District No. 2024-02 Assessment of the Estimated Cost of the Improvements) a) Total acreage subject to assessment:35.1 acres
b) Single-family residential (SFR) acreage: 35.1 acres
c) Single-family residential (SFR) density: # SFR Units / SFR Acreage: 184 I 35.1:5.2 DU / acre
d) Total number of SFR equivalent units subject to assessment : 184 e) Proposed assessment per SFR equivalent at time of formation: $61,078 / 184 : $332.00 0 Proposed single-family lot assessment at time of formation: $332.00

12.2 Public Hearing Page 14
Staff Report
Meeting: City Council
Date: January 16, 2024
Department: Office of Safety, Compliance, & Facilities
Submitted by: Manuel Correa
Agenda Title: Acceptance of Grant for Cycle Park

RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager to accept a grant (G23-03-04-G01) offer from the State of California Off Highway Motor Vehicle Recreation Division (OMHV) to the Tulare Cycle Park operating expenses not to exceed $477,024 for the year 2023 and to sign all applicable paperwork thereof.

SUMMARY
A lease agreement with TEMMERMAN CORP ("Operator") aka DT1 MX Cycle Park was entered into for the operation of the Tulare Cycle Park on January 1, 2019, for five years. Staff is currently working on a lease renewal which will be brought to Council for approval in February.

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

LEGAL REVIEW
The Agreement is based upon the City’s standard model approved by the City Attorney, and the Agreement will be reviewed during the signing phase.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Delays in taking action will result in delays in receiving the funds from the State for the Cycle Park.

ATTACHMENTS

1. Resolution

2. Agreement
Reviewed/Approved:

Item #: 13.1
General Business

13.1 General Business Page 1
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS FOR THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, OFFHIGHWAY VEHICLE GRANT IN THE AMOUNT OF $477,024 WHEREAS, the people of the State of California have enacted the Off-Highway Motor Vehicle Recreation Act of 2003, which provides funds to the State of California and its political subdivisions for Operation and Maintenance, Restoration, Law Enforcement, and Education and Safety for off-highway vehicle recreation; and WHEREAS, the Off-Highway Motor Vehicle Recreation Division (OHMV) with the California Department of Parks and Recreation has been delegated the responsibility to administer the program; and
WHEREAS, procedures established by the California Department of Parks and Recreation require the Applicant’s Governing Body to certify by resolution the approval to receive grant funding from the Off-Highway Motor Vehicle Grant funds; and WHEREAS, the City of Tulare (Applicant) has entered into a lease agreement with TEMMERMAN CORP aka DT1 MX Cycle Park (Operator) for the operation of the Tulare Cycle Park; and
WHEREAS, the Operator wishes to apply for an OHMV Grant for reimbursement of a port of the Operator’s operating expenses for 2023; and WHEREAS, the Applicant will administer the Grant in accordance with the Grant Partnership Agreement (Agreement) authorized by this resolution and will charge an 8% administrative service fee as agreed as sponsor; and
WHEREAS, this project appears on, or is in conformance with this jurisdiction’s adopted General or Master Plan and compatible with land use plans of this jurisdiction immediately surrounding the Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, hereby:

Section 1. Approves the receiving of grant funding from the Off-Highway Vehicle Grant or Cooperative Agreement Program.

Section 2. Certifies that this agency understands its legal obligations to the State upon approval of the Grant.

Section 3. Certifies that this agency understands the California Public Resources Code requirement that Acquisition and Development Projects be maintained to specific conservation standards.

13.1 General Business Page 2 ATTACHMENT 1
Resolution 2024-XX

Page 2 ends

Section 4. Certifies that the Project will be well-maintained during its useful life.

Section 5. Certifies that this agency will implement the Project with diligence once funds are available and the Applicant has reviewed, understands, and agrees with the Project Agreement.

Section 6. Certifies that this agency will provide the required matching funds.

Section 7. Certifies that the public and adjacent property owners have been notified of this Project (as applicable).

Section 8. Appoints the City Manager or designee as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for completion of the Project.

PASSED, APPROVED, AND ADOPTED on this 16th day of January 2024.

TERRY A. SAYRE, MAYOR
ATTEST:

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

13.1 General Business Page 3

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ADMINISTRATIVE CYCLE PARK AGREEMENT FOR G23-03-04-G01
This Administrative Cycle Park Agreement for 2023-2024 (“Agreement”) is made between the City of Tulare and Temmerman Corp. Inc., for the City to apply for and administer State of California Off Highway Motor Vehicle Recreation Division Grant (“OHMVR”) funding for the grant year of 2023 – 2024 and to allow Temmerman Corp to use the eligible funding for the operations of the Tulare Cycle Park (“Cycle Park”)
RECITALS:

WHEREAS, Temmerman Corp leases property known as the “Cycle Park” from City of Tulare via a lease entered into on January 1, 2024 (“Lease Agreement”); WHEREAS, the City of Tulare is seeking to use eligible grant funding for the grant year of 2023 – 2024, for qualified projects related to the operation of the Cycle Park; WHEREAS, the City of Tulare is qualified and approved to apply for grant funding from OHMVR and will apply for and administer grant funding;
WHEREAS, the City of Tulare will retain four percent (8%) of the grant funds eligible as reimbursement for any and all costs associated with the administration of the grant and submissions required by OHMVR as Temmerman Corp; and
WHEREAS, the City of Tulare will give monthly payments to Temmerman Corp, as identified in grant agreement G23-03-04-G01, a sum of $31,108.66 to operate the Cycle Park according to the terms of the grant agreement and lease agreement.

WITNESSED:

1. ROLES AND RESPONSIBILITIES
A. Grant Oversight
i. City agrees to apply for and oversee the application and administration of the grant with OHMVR that includes but is not limited to: financial management, procurement of documents, OHMVR audits, and the completion of applications and forms as necessary to receive grant funds.
ii. Temmerman Corp agrees to provide all required documents needed or requested by City as may be required for administration and forwarding to OHMVR as required by the terms of the grant funding. Temmerman Corp agrees to provide any additional documents and make available inspection of the site as required as a result of any future audits or inspections by the City of Tulare or OHMVR. iii. The City of Tulare and Temmerman Corp will meet regularly to discuss the progress of the submissions by Temmerman Corp to the City of Tulare for consideration and the balance remaining in Temmerman Corps fund, and to address any problems that may arise.

B. Grant Administration
i. City shall administer the grant with OHMVR and will submit documents to OHMVR and will forward any additional requests for information of documents requested from OHMVR to Temmerman Corp. City will hold for audit and review by

13.1 General Business Page 4 ATTACHMENT 2

Page 2 of 5 ends

OHMVR documents relating to the grant funding. City will make drawdowns from grant funds approved and received from OHMVR.
ii. Temmerman Corp is responsible for providing City any and all documents required or requested by City of Tulare or OHMVR as conditions for receiving the grant funding, make available the site for any inspections and any additional documents that may be required by OHMVR in the event of an audit.

C. Financial Responsibility
i. Temmerman Corp agrees to forward funds received from Cycle Park’s gate receipts and other monthly revenues to the City of Tulare each month. This will be in addition to the payments provided through the Lease Agreement. These funds will equal the City of Tulare’s match requirements as identified in G23-03-04-G01. Any other expenses the City of Tulare incurs for Cycle Park during the grant period that are not allowed or included within the grant will also be covered by Temmerman Corp with Cycle Park’s revenues.
ii. Funds will be accrued from Cycle Park’s gate receipts and other revenues in order to allow the City of Tulare to make the requested eligible Grant matching requirements.

Should the fund balance from Temmerman Corp drop to a level below the required grant contributions and matching payments amount, Temmerman Corp will be required to bring the balance to a level that will allow the required payments to be made. At no time will City of Tulare advance to Temmerman Corp monies needed to make any required grant contributions or matching payments. iii. City of Tulare by means of applying for the grant takes the financial responsibility for the grant funding with OHMVR and as such has the right to terminate this Grant Agreement with Temmerman Corp or OHMVR at any time, for any reason. iv. Temmerman Corp, by requesting from City of Tulare eligible grant funding as a reimbursement, is responsible for performing under the terms of OHMVR Grant Agreement and to making any matching contributions called for in the terms of the grant to the City of Tulare. Temmerman Corp is also responsible for returning any unused funds and any adjustments to funds earned that may be a result of actions by Temmerman Corp or any audit.
v. Temmerman Corp will make available all required financial documents requested, by the City of Tulare or OHMVR, for the City of Tulare in order to secure the grant funds and as requested for audit purposes. In the event any grant funds that have been paid to Temmerman Corp by City of Tulare are required to be returned to OHMVR for audit or any other reasons, Temmerman Corp will be responsible for reimbursement to City of Tulare for those funds within a timely manner. vi. Temmerman Corp is responsible for any monitoring or reporting assessments/studies that may be necessary to comply with OHMVR requirements under the G23-03-04- G01 project agreement.

D. Grant Performance
i. Temmerman Corp agrees to perform in accordance with the requirements of the City of Tulare and OHMVR, with respect to the terms of the grant. ii. Temmerman Corp will make available and agrees to any and all requests made by City of Tulare or OHMVR for documents, document or records review, submissions or resubmissions to audits, site visits or site audits by the City of Tulare or OHMVR related to the grant.

13.1 General Business Page 5

Page 3 of 5 ends

iii. Temmerman Corp will make available any reasonable request made by the City of Tulare or OHMVR in order to meet the requirements of the terms of the grant. iv. Temmerman Corp agrees to make any records available and provide any documentation that may be required by audit on the performance of the grant.

2. PERIOD
A. This City of Tulare Cycle Park Agreement will be for the single term of the individual OHMVR Grant for the grant year of 2023 – 2024, offered during the period of this agreement and will not be renewed annually per each new OHMVR grant submission. If any required submission of documents or necessary work to meet the deadlines imposed by OHMVR for the completion of a grant occurs, all parties agree to the above terms.

However, this City of Tulare Cycle Park Agreement may be terminated prior to the termination of the Lease Agreement as provided herein.

3. TERMS
A. City of Tulare will administer the grant as City of Tulare with OHMVR for the entire grant period or until the funds remaining to be distributed for the grant fund are gone or no longer eligible for distribution. City of Tulare will post grant reimbursement documents and requests as provided from Temmerman Corp to OHMVR in accordance with the terms of the grant requirements. City of Tulare may set up separate accounts to account for any advancement of grant funds from OHMVR and to make monetary drawdown’s when funds become available.

B. Submission of all records and reimbursement request documents will be made to City of Tulare as much as practical as original documents. If original documents are not practical or available good copies will be accepted for submission and should be delivered to City of Tulare as listed in listed in Section 6. Notices. Documents and records having endorsements or other marks front or back must be submitted in total with all markings and endorsements clearly shown. Any documents submitted by Temmerman Corp that require third party verification will not be considered complete until all verifications have been made.

C. Temmerman Corp must make the required document submissions to City of Tulare in a timely manner, in accordance with timelines of the grant and allow the City of Tulare to review the documents with sufficient time, allowing personnel time for the submission of said documents.

D. Email submissions of documents are acceptable only if agreed by both parties but should not be used as a substitute for or in lieu of submitting the original documents. Storage and archive responsibility for those original records and original documents submitted by email by Temmerman Corp for the grant and this Administrative Agreement remain in effect.

E. Temmerman Corp will keep and have organized copies of all grant documents submitted to the City of Tulare for reference and for future audits by the City of Tulare or OHMVR and make them available on reasonable request for purposes of audit.

F. Grant documents will be archived and kept by Temmerman Corp and the City of Tulare for a period of not less than 5 years after the close of the grant or per the record keeping requirements of the grant or the City of Tulare, whichever is greater.

13.1 General Business Page 6

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G. In the event the Lease Agreement for the Cycle Park is not renewed or is terminated and a grant has not been completed, all documents archived by Temmerman Corp and submitted for the grant will become the property of the City of Tulare and shall be returned to the City of Tulare within 10 days of the termination of this Administrative Agreement. Remaining grant funds become the property of the City of Tulare. The City of Tulare retains the rights to continue to make submissions and utilize any remaining eligible grant funds.

H. If, for any reason, grant funds are deemed ineligible by the terms of: the grant, OHMVR, Temmerman Corp actions, or of any audit findings, any funds passed to Temmerman Corp by the City of Tulare that have been deemed ineligible will be immediately returned to the City of Tulare.

4. TERMINATION
A. The City of Tulare is financially responsible for grant funds received from OHMVR and may terminate this Administrative Agreement at any time if the City of Tulare feels in jeopardy of a financial loss. The City of Tulare may also terminate this Administrative Agreement based on non-compliance or non-cooperation of Temmerman Corp. Any grant funds earned and not passed to Temmerman Corp at the time of termination will become and remain the property of the City of Tulare.

B. Temmerman Corp may terminate this Administrative Agreement in writing with 30 days’ notice, at which time all grant records and documents previously submitted or necessary for future grant submissions will become the property of the City of Tulare.

Any eligible grant funds earned or otherwise not distributed will become the property of the City of Tulare. The City of Tulare retains the right to continue with grant submissions until all grant funds are exhausted or become ineligible, however after the notice of termination is given by Temmerman Corp any grant funds available will become the property of the City of Tulare and will not be distributed to Temmerman Corp. In the event Temmerman Corp requests an early termination, any funds received by Temmerman Corp that are deemed ineligible due to an audit will be returned immediately to the City of Tulare.

5. SEVERABILITY
If a provision of this Administrative Agreement is held invalid, that invalidly shall not affect other provisions of the agreement which can be given affect without the invalid provision, and to this end the provisions of this Administrative Agreement are severable.

6. NOTICES
A. Grant document requests will be made by the City of Tulare to Temmerman Corp via mail, in person or by phone or email to:

Temmerman Corp. Inc.
721 N. Shirk Road - Unit F
Visalia, CA 93291
559-303-3058
[email protected]

13.1 General Business Page 7

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B. Grant document submissions by Temmerman Corp and any notices regarding this Administrative Agreement shall be submitted to the City of Tulare and shall be delivered via mail or in person or email to:

City of Tulare
Attn: Amanda M. Reed
Financial Accountant
411 E. Kern Ave.

Tulare CA 93274
559-684-4259
[email protected]
C. The City of Tulare may specifically request some documents or submissions be made by Temmerman Corp via email. Email submissions are acceptable only on the City of Tulare’s specific request in order to expedite a submission or replace a missing document but are not a substitute for or in lieu of submitting the original documents.

Storage and archive responsibility for records and documents by Temmerman Corp for the grant and this Administrative Agreement remain in effect.

7. AUTHORITY TO EXECUTE
Each party executing this Administrative Agreement on behalf of an entity represents and warrants that the party has authority to execute this agreement individually and on behalf of the entity represented and that such entity has entered into the appropriate resolution or authorization for granting such authority and that said signature is for and on behalf of the named entity.

IN WITNESS WHEREOF, the parties hereto have affixed their hands on the day and year set forth above.

THE CITY OF TULARE, “City of Tulare”

By: _________________________________
City Manager

“Temmerman Corp, Inc.”

By: _________________________________
ATTEST:

______________________________________
Chief Deputy City Clerk and
Clerk of the Council of the City of Tulare

APPROVED AS TO FORM:

______________________________________

13.1 General Business Page 8

Tulare City CouncilJanuary 16, 2024

Tulare City Council
January 16, 2024