Agenda packet — Tulare City Council, August 6, 2024 (part 1 of 2)

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City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, August 6, 2024 491 North M Street, Tulare CA 93274 5:00 p.m. Special Meeting www.tulare.ca.gov 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 City 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 Comment 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 the 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 the City 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 item on the agenda will be invited to address the Council during the time that Council is considering that agenda item. Persons wishing to address Council concerning issues not on the agenda will be invited to address Council during the Public Comment portion of the meeting.
• When invited by the mayor to speak, please step up to the lectern, state your name and city of residence, 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.

Councilmembers
Terry A. Sayre, Mayor
Patrick Isherwood, Vice Mayor
Jose Sigala
Stephen C. Harrell
Dennis A. Mederos
City Council Meeting Agenda Tuesday, August 6, 2024
City of Tulare Page 2 of 5
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of Tulare is hereby called pursuant to section 54956 of the California Government Code.

1. CALL TO ORDER

2. STUDY SESSION - Comments at a special meeting are limited to items listed on the special meeting agenda. Each speaker will be allowed three minutes per item. For those that wish to provide public comment while not physically in attendance, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

2.1 Tulare County Health & Human Services Agency (HHSA) Presentation.

Recommended Action: Receive a presentation regarding Tulare County Health and Human Services Agency’s partnership with the City of Tulare and the services they provide to the communities across Tulare County.

Presented by: Anita Ortiz, HHSA Associate Director and Dr. Natalie Bolin, Mental Health Branch Director

3. ADJOURNMENT
7:00 p.m. Regular Meeting

4. CALL TO ORDER

5. PLEDGE OF ALLEGIANCE AND INVOCATION - John Maher, Pastor of Calvary Chapel Tulare, to deliver an invocation.

6. PROCLAMATIONS & RECOGNITIONS

6.1 Recognition to Tulare Baseball Association Teams for Accomplishments.

7. PUBLIC COMMENT - Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from acting on any matter not on the agenda; however, your comments may be referred to staff for follow up. 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 and General Business items will be heard at the time those items are discussed. In fairness to all who wish to speak, public comment is limited to a total of fifteen minutes with each speaker allowed three minutes, unless otherwise extended by Council. Please begin your comments by stating your name and providing your city of residence. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849. Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

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

9. COUNCIL REPORTS AND ITEMS OF INTEREST
5:00 p.m. Special Meeting
City Council Meeting Agenda Tuesday, August 6, 2024
City of Tulare Page 3 of 5

10. CONSENT CALENDAR - All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately.

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 by waived.

10.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of July 16, 2024. [M. Hermann]

10.3 Second Reading and Adoption of Ordinance 2024-05.

10.4 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for June 2024. [M.

Roberts]

10.5 Tulare Homeless Shelter Fiscal Year 2024 County ARPA Funds.

10.6 Commercial Development Impact Fee Deferral Request - Prosperity Foodland.

10.7 Materials Testing Consultant Contract Amendment – Project PK0033.

10.8 Asphalt Contract with Deer Creek.

10.9 Purchase of Trucks for the Police Department and Facilities Division.

Recommended Action: Award the purchase of two new/unused Chevrolet trucks to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521- NAF in the amount of $130,243.55, which includes all fees, tax, and shipping. [T.

Whitfield]
City Council Meeting Agenda Tuesday, August 6, 2024
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10.10 Agreement for Audit Services with Price, Paige & Company.

10.11 Property Acquisition from NW Tulare, Inc. for Project EN0088.

10.12 Grant of Easement from Tulare Community Church.

10.13 Agreement for Budgeting and Other Finance-Related Services.

11. PUBLIC HEARING - Comments related to Public Hearing items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

11.1 Participation in the Statewide Community Infrastructure Program.

11.2 Placing Public Improvement Loans on Tax Roll.

12. GENERAL BUSINESS - Comments related to General Business items are limited to three minutes per speaker, for a maximum of thirty minutes per item, unless otherwise extended by Council. For those that wish to provide public comment while viewing the meeting online, you may call (559) 366-1849.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting.

12.1 Zumwalt Park Amphitheater Naming Rights Agreement.

12.2 Zumwalt Park Amphitheater Operator Agreement First Amendment.

Recommended Action: Approve and authorize the City Manager to execute the Zumwalt Park Amphitheater Operator Agreement First Amendment with Spade Entertainment. [M. Mondell]

12.3 Presentation of Proposed City Logos.

Recommended Action: Receive a presentation regarding the process for developing a new City logo and provide direction thereto. [M. Mondell]

13. FUTURE AGENDA ITEMS

13.1 Name MLK Jr. Ave. and Blackstone St. Intersection in Memory of Leonard Long.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Harrell

13.2 Tulare Youth Commission.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Vice Mayor Isherwood

14. STAFF UPDATES

15. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 20, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

AFFIDAVIT OF POSTING AGENDA
I hereby certify, in conformance with Government Code Sections 54954.2 and 54956, this 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, August 1, 2024 Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: August 6, 2024 Agenda Memo
Date: August 1, 2024
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.
5:00 p.m. Special Meeting

1. CALL TO ORDER

2.1 Tulare County Health & Human Services Agency (HHSA) Presentation.

Presented by: Anita Ortiz, HHSA Associate Director and Dr. Natalie Bolin, Mental Health Branch Director

3. ADJOURNMENT
7:00 p.m. Regular Meeting

4. CALL TO ORDER

5. PLEDGE OF ALLEGIANCE AND INVOCATION - John Maher, Pastor of Calvary Chapel Tulare, to deliver an invocation.

6. PROCLAMATIONS & RECOGNITIONS

6.1 Recognition to Tulare Baseball Association Teams for Accomplishments.

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

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

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

10.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of July 16, 2024. [M. Hermann]

10.3 Second Reading and Adoption of Ordinance 2024-05.

Recommended Action: Adopt Ordinance 2024-05 approving Zone Amendment No. 752 to change the existing zoning designation from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area) to R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lota area). [S. Sopp]
Summary: This is a request by NFDI LLC to subdivide approximately 13.31-acres and establish an 86-lot single-family residential subdivision. The subject parcel is within the existing City limit boundary. The proposed project is located southeast of the Mooney Blvd. and Foster Dr. ultimate alignments.

The subject property is currently designated Low Density Residential within the City adopted 2035 General Plan. The subject property is currently zoned R-1-6 (Singlefamily Residential 6,000 sq. ft. minimum lot area). The applicant is requesting to change the existing zoning to R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) zoning designation. The proposed R-1-5 zoning designation is consistent with the existing Low Density Residential land use designation.

On July 16, 2024, the ordinance was introduced and passed-to-print by Council.

Pursuant to Section 15 of the City’s Charter, the ordinance is being presented to Council Tulare City Council Page 3
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for the second reading and adoption. There have been no changes made to the ordinance.

Fiscal Impact & Funding Source(s): As development occurs, payment of entitlement, building permit, development impact fees, etc. will be required.

Legal Review: This item does not require legal review.

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

10.4 Monthly Investments Report.

Recommended Action: Accept the monthly investments report for June 2024. [M.

Roberts]
Summary: The investments report for June 2024 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.

10.5 Tulare Homeless Shelter Fiscal Year 2024 County ARPA Funds.

Recommended Action: Adopt a resolution approving the sole source justification for ESS Universal USA LLC (ESS Universal) and authorizing the purchase of 364 mattresses and 182 bunk beds at an approximate cost of $211,500. [G. Avitia] Summary: The City of Tulare received $500,000 from the Tulare County Health & Human Services Agency to fund the furnishing of the upcoming permanent emergency shelter. This contribution will assist in covering associated costs, including mattresses, cubicles, tables, chairs, and other necessary capital expenses.

The permanent shelter is designed to support 200 beds, with the capability to scale up to 400 beds if necessary. To prepare for potential scaling, city staff will purchase metal, stackable, twin-sized bunk beds and mattresses that are both bedbug-proof and waterproof. City staff conducted a thorough review of cooperative purchasing websites, such as Sourcewell and Omnia Partners, as well as other suppliers, to find bedframes and mattresses that meet these specific requirements. After this review, staff determined that ESS Universal was the only supplier that met these specifications. A sample purchase was made, and the items proved to be of good quality and suitable for the City’s needs.

ESS Universal has extensive experience supplying durable and high-quality furniture to emergency shelters. Their products have been tested and proven to meet the rigorous demands of emergency shelter centers. The cost of the mattresses and bunk beds from ESS Universal is competitive when considering the quality and durability of the Tulare City Council Page 4
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products. The price is considered fair and reasonable based on market research and the quality of the items received.

By leveraging the funding from the Tulare County Health & Human Services Agency and pursuing this purchase with ESS Universal, the City of Tulare's permanent emergency shelter will be equipped with high-quality, durable furnishings that meet the specific needs of our community.

Fiscal Impact & Funding Source(s): Tulare County ARPA Funds FY 2024.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny: Reject the prosed sole source justification and continue searching for a different vendor. This option may compromise expending funds on time; or 3) Table: Reschedule consideration of this item to a future City Council meeting.

10.6 Commercial Development Impact Fee Deferral Request - Prosperity Foodland.

Recommended Action: Adopt a resolution granting the deferral of development impact fees as requested by Darshan Singh (Property Owner), associated with development of the property located at 1290 North West Street, Tulare CA 93274 (APN 169-036- 041), in the sum of $127,494.00. [M. Anaya]
Summary: The City of Tulare through Site Plan Review No. 19-34 and Conditional Use Permit No. 2020-03 approved the construction of a service station and convenience store with a lease space for a future tenant, located at 1290 North West Street, Tulare CA 93274. On December 22, 2022, Property Owner applied for building permits accompanied by building plans to begin construction of the project.

Property Owner is requesting a deferral of the development impact fees totaling $127,494.00 associated with the project pursuant to section 8.56.080 of the Tulare Municipal code which provides in part:

8.56.080 Payment of fees.

The fees established pursuant to this chapter shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit, except as otherwise provided below:
(B) Fees imposed on non-residential development may be deferred by action of the City Council. The action shall consist of the adoption of a resolution consistent with the following terms and conditions:
(1) A determination is made that such action will promote and stimulate economic development within the city. The City Council shall make specific findings setting forth how the subject project accomplishes this goal; (2) Establish a specific timetable for payment in full of the deferred fees. The City Council may also require a percentage to be paid with the issuance of a Tulare City Council Page 5
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building permit. In no event shall deferral of payment in full be permitted for more than five years;
(3) Interest on the unpaid portion of deferred impact fees shall accrue at a rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted and shall be articulated in the resolution.

Interest shall be due and payable, in full, with the final payment, although interest may be paid earlier at the election of the party developing the project; (4) A written guarantee of payment in full of the impact fees, in the form of a surety bond or some other form of surety instrument as may be acceptable to the City Engineer and the City Attorney, shall be executed and delivered to the city prior to the issuance of a building permit for the project. Interest in real property may be deemed an appropriate form of surety; and (5) A determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

Property Owner, when possible, will employ a local contractor who commits to using local subcontractors. Additionally, a percentage of all construction materials associated with the project will be purchased locally when possible.

Property Owner shall be required to pay all non-development impact fees totaling $67,994.86 and 20% ($25,498.60) of the development impact fees at the time of the issuance of the building permit. Developer agrees to pay the remaining outstanding 80% balance of the total development impact fees sum of $127,494.00, in equal installments of $25,498.80, plus interest on or before August 6 of the consecutive years 2025, 2026, 2027, and 2028.

Fiscal Impact & Funding Source(s): The deferral of the project’s development impact fees shall not materially affect the financial ability of the city to satisfy its current fiveyear capital improvement program.

Legal Review: The standard development impact fee deferral agreement template has been used, as reviewed, and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact; 2) Deny - Would delay issuance of the building permit and construction of the proposed project; or 3) Table - Would delay issuance of the building permit and construction of the proposed project.

10.7 Materials Testing Consultant Contract Amendment – Project PK0033.

Recommended Action: Authorize the City Manager or designee to sign a contract amendment for $14,005 with Krazan & Associates of Fresno, CA, for additional materials testing services related to City Project PK0033 – Zumwalt Park Renovation. [M. Miller]
Summary: On September 9, 2023, City Council approved a contract with Krazan & Associates in the amount of $29,765 for material testing services for the redevelopment Tulare City Council Page 6
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of Zumwalt Park. Krazan & Associates of Fresno, CA, is included on the list of prequalified consultants, and their proposal demonstrates that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the design of this project.

As a result, the original contract budget has been exhausted. Krazan & Associates has evaluated the remaining work and has proposed a contract amendment in the amount of $14,005 to complete the materials testing required for the project. Since the proposal is billed on a time and materials basis, actual costs may end up being less than the full amount authorized by the proposed addendum. Project Management has reviewed the proposed addendum and has determined that the costs contained therein are reasonable and consistent with current industry fees charged for the services to be provided.

Fiscal Impact & Funding Source(s): PK0033-050-0999 – Project Construction Contingency.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes - Staff would work to incorporate any changes or recommendations directed by Council; 2) Deny - Should Council deny the request to amend the on-call design contract with Krazan & Associates, the City will be unable to complete the materials testing necessary to verify that the contractor is meeting the required design requirements; or 3) Table - Postponing the amendment to the contract with Krazan & Associates would delay the project delivery schedule.

10.8 Asphalt Contract with Deer Creek.

Recommended Action: Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $68.00/ton for 3/8” Plant Run Cold Mix with Oil, $63/ton for ½” Plant Run Cold Mix with Oil and $61.00/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney. [T. Whitfield] Summary: As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the capital projects currently scheduled and approved and will be funded from the annual Transportation Pavement Management program.

Through the annual Pavement Management program, there is approximately $300,000 available annually for minor street repair projects. A contract for the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete would give staff the ability to do a number of the 19 proposed overlay projects listed in Attachment A. The overlay projects can be completed by City staff using the new paver that was Tulare City Council Page 7
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purchased in April 2019. This also locks in the price for material used for pothole patching for one year.

Similar overlay projects have been completed since 2019/2020 using the same products and these streets have held up well since that time. Staff anticipates that this project will extend the life of the selected locations between eight and ten years.

The City’s Purchasing Policy (Section 4, page 18, C) allows for the use of “Cooperative Purchasing or Piggy-Back” contracts to take advantage of competitively bid purchasing if it would “provide the City with benefits”. Awarding this contract to Deer Creek allows staff to move forward in an expeditious manner to complete this work while the weather allows it, because this product has recently been competitively bid by another public agency.

Tulare County awarded a contract for the purchase of the 3/8” Plant Run Cold Mix with Oil, ½” Plant Run Cold Mix with Oil and ½” Hot Asphalt Concrete to Deer Creek in June 2024 after advertising for competitive bids. Deer Creek has agreed to hold the prices for those same products through June 30, 2025, as follows:
1) 3/8” Plant Run Cold Mix with Oil $68.00 per ton
2) ½” Plant Run Cold Mix with Oil $63.00 per ton
3) ½” Hot Asphalt Concrete $61.00 per ton
The contracts between the County of Tulare and Deer Creek for the three materials are attached (Attachment B).

Fiscal Impact & Funding Source(s): Funding for this work is budgeted annually in the Annual Transportation – Pavement Management project account #ST0006.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If this contract is not approved, staff will have to get separate bids every time they need to purchase cold or hot mix. This will slow down projects and could affect response time to traffic safety concerns.

10.9 Purchase of Trucks for the Police Department and Facilities Division.

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 (2) new/unused Chevrolet trucks from National Auto Fleet Group, of Watsonville, CA in the amount of $130,243.55.

The proposed trucks are replacement units and are as follows:

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Replacement
Unit New vehicle Cost Budget
Police – Patrol Unit #355 2024 Chevrolet 2500 $69,357.90 $75,000 Facilities – Unit #439 2023 Chevrolet 1500 $60,885.65 $60,000 For the Police Department, the proposed truck will replace unit #355 which is a 2008 Chevrolet 1500 truck and for Facilities, the proposed truck will replace unit #439 which is a 2001 Ford Ranger. Both units were programmed in the FY 2024/25 budget for replacement.

The Sourcewell purchasing contract is available to agencies nationwide and is therefore very competitive and very limited. In looking for vehicles, the Fleet Superintendent was made aware that there were vehicles available for immediate purchase. After going through the list and making a visit to the lot, it was determined that these two trucks met the needs of the requesting departments and due to time constraints, the City Manager approved the issuance of the purchase order to secure the trucks.

Fiscal Impact & Funding Source(s): Funding for the purchase of the vehicle will come from the Fleet Replacement Funds for Police and Facilities (Fund 604). The requested budget for the Facilities truck was $60,000 and the cost for new, completed truck is $60,885.65. The Facilities Division has just over $115,000 in reserve funds and has agreed to use an additional $886 to cover this purchase.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If not approved, Police and Facilities will continue to use their existing units until a new vehicle can be purchased.

10.10 Agreement for Audit Services with Price, Paige & Company.

Recommended Action: Approve a one-year agreement with Price, Paige & Company for administration and completion of the fiscal year 2024 Annual Comprehensive Financial Report (ACFR) including the City’s financial statements, single audit, and related activities as outlined in the attached letter. [M. Gaboardi] Summary: On September 5, 2023, City Council approved a one-year contract for audit services to be conducted by Price, Paige & Company for the fiscal year 2023 ACFR.

Although it is customary to solicit requests for proposals (RFP) for multi-year engagements of three to five years for these services, this has not been done because of recent staff turnover.

Due to the complexity of establishing an audit relationship, we respectfully ask Council to approve this agreement for the performance of the 2024 audit for which preliminary work has begun. In the coming months, Finance staff intend to issue an RFP for audit services to cover a three to five year period commencing with the fiscal year 2025 audit.

Fiscal Impact & Funding Source(s): Funds for this activity were appropriated with the adoption of the FY 2025 budget. 001-4030-2017 Professional & Technical Services; $85,000.

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Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. Delay or denial of this item will have a serious negative impact on the organization’s ability to meet federal and state financial reporting requirements. Late issuance of the ACFR affects the City’s credit rating and its ability to issue debt.

10.11 Property Acquisition from NW Tulare, Inc. for Project EN0088.

Recommended Action: Authorize the City Manager to complete and execute, after the close of escrow, the documents necessary to purchase property located as a portion of APN 168-240-069 in the amount of $7,500 for public right-of-way required by CIP Project EN0088 (Prosperity and West Traffic Signal), subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller] Summary: CIP Project EN0088 addresses pavement and infrastructure improvements along Prosperity Avenue and West Street. This project requires the reconstruction and widening of both Prosperity Avenue and West Street in the immediate vicinity of the intersection to accommodate the installation of a new traffic signal, required lane geometry, and the extension of water, sewer and storm drain utilities. The construction necessitates the acquisition of additional right-of-way from adjacent properties, including the subject property.

The subject parcel is located on the southwest corner of Prosperity Avenue and West Street. The property owner, NW Tulare, Inc., has been working with the City’s consultant team throughout the appraisal and acquisition process and has agreed to sell the required property for $7,500 in accordance with the terms previously authorized by the City Council. The property has minor improvements on the portion being acquired. This property acquisition encompasses 230 square feet and includes a 202 square foot temporary construction easement.

Fiscal Impact & Funding Source(s): EN0088-030-0230
Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes - This could delay the acquisition of the property, which in turn may delay the start of construction; 2) Deny - Denying the property acquisition would result in the City being unable to complete the proposed project; or 3) Table - Postponement would delay the acquisition of said property, resulting in delays to the start of construction.

10.12 Grant of Easement from Tulare Community Church.

Recommended Action: Accept a grant of easement for water line purposes and a grant of easement for a temporary construction easement from Tulare Community Church; and authorize the City Manager or his designee to sign certificates of acceptance for the same. [M. Miller]
Summary: City CIP Project WT0055 – “Hwy 99 Water Crossing N/o Prosperity” will construct a new water main connection across Highway 99 between Gem Street and the future alignment of Corvina Avenue west of Retherford Street. The need for such a Tulare City Council Page 10
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connection is identified in the City’s Water Master Plan to create a looped water system serving the area. Having a looped water system provides redundancy in the system to better secure distribution of water supply, improves pressure in the system, and allows for ease of maintenance should it be necessary to shut down a portion of the system for repairs.

To construct Project WT0055, the City must obtain easements across the affected private properties located on both sides of Highway 99. Tulare Community Church is located along the east side of Gem Street south of Washington Avenue and is the affected property owner on the west side of Highway 99. In addition to an easement for locating the City water main on their property, it is also necessary for the City to obtain a temporary construction easement to facilitate jack and bore operations under Highway

99. Staff has worked with representatives of Tulare Community Church to obtain the easements needed for construction of the project.

Copies of the grants of easement and certificates of acceptance are attached.

Fiscal Impact & Funding Source(s): There are no costs associated with the recommended action.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes - Staff would work to incorporate any requested changes; 2) Deny - Denial to accept the subject easements would result in staff being able to move forward with construction of Project WT0055; or 3) Table - Tabling the item would delay construction of Project WT0055, and could adversely impact the property owner’s ability to proceed with planned development of their property in the vicinity of the project limits.

10.13 Agreement for Budgeting and Other Finance-Related Services.

Recommended Action: Approve and authorize the City Manager to execute a professional services agreement with McCann Consulting for budgeting and other finance-related services for the period of August 7, 2024, through September 30, 2024. [M. Miller]
Summary: The City acquired the services of a consultant, McCann Consulting, to assist with development of the City’s fiscal year 2025 budget. Due to the time constraints resulting from staff turnover in the Department of Finance and the limited number of consultants available to provide the services at a rate City staff considered reasonable, the initial agreement with the consultant was approved by the City Manager with the expectation staff would bring forward an additional agreement to receive the remaining services necessary for which costs would exceed the City Manager’s authority. This item is for the approval of the additional agreement.

Fiscal Impact & Funding Source(s): The cost of the amendment to the agreement shall not exceed $20,000. Funds are appropriated and available in the Department of Finance’s Professional and Technical Services account (001-4030-2017) to accommodate the cost of the services.

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Legal Review: With the exception of the total cost, for which the proposed agreement is lower, and the term, the provisions of the agreement are the same as those of the previous agreement, which the City Attorney approved as to content. And as with the previous agreement, the agreement requires the City Attorney’s approval as to form prior to execution by the City Manager.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If the execution of the proposed agreement is not authorized, production of the City’s fiscal year 2025 budget document and completion of other budget-related tasks may be significantly delayed.

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 7:40 p.m.]

11.1 Participation in the Statewide Community Infrastructure Program.

Recommended Action: Adopt a resolution containing the necessary findings and authorizations required for the City of Tulare to participate in the Statewide Community Infrastructure Program (“SCIP”). [M. Miller]
Summary: This item includes a brief staff presentation regarding the California Statewide Communities Development Authority (“CSCDA”) and participation in the Statewide Community Infrastructure Program (“SCIP”), which is sponsored by CSCDA.

A public hearing is required to receive public testimony regarding the City’s proposed participation in the SCIP program, through which bonds could be issued by CSCDA.

Following the public hearing and Council discussion, Council is asked to consider a resolution making certain findings and authorizing certain matters necessary for the City of Tulare to participate in SCIP.

CSCDA is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. 530 cities, counties and special districts throughout California are members of CSCDA, including the City of Tulare. SCIP was instituted by CSCDA in 2002 to allow owners of property in participating cities and counties to finance the development related fees that would be payable by property owners upon receiving development entitlements or building permits through a pooled special assessment districts program. SCIP was expanded to include financing of public capital improvements directly in addition to just fees and has now been further expanded to include community facilities districts (“CFDs”) and an option to finance public services in respect of stand-alone bond issues, necessary to support development in the City, as provided for in the proposed SCIP resolution. Since its inception SCIP has issued over $1 billion in land secured special assessment and CFD bonds for development projects in California.

If a property owner applies to participate in SCIP, and the City approves the application, the selected public capital improvements, facilities and/or development related fees owed to the City will be financed by the issuance of bonds by CSCDA. Property owners, in consultation with the City and the SCIP team, can opt to have CSCDA form either an Tulare City Council Page 12
Agenda Memo - August 6, 2024
assessment district or a community facilities district. CSCDA determines whether the project will be included in the SCIP pool program (where no one developer within the SCIP pool is responsible for the payment related to any other project) or, depending on the projected bond sizing and other factors, implemented as a stand-alone financing. In either case, CSCDA will form the appropriate district and impose an assessment or special tax, as applicable, on the owner’s property to repay the portion of the bonds issued to finance public capital improvements, facilities and/or development related fees.

With respect to the financing of development related fees, the property owner will either pay the development fees at the time of permit issuance and will be reimbursed from the SCIP bond proceeds when the SCIP bonds are issued, or the fees will be funded directly from the proceeds of the SCIP bonds. In both cases, the fees are subject to requisition by the City at any time to make authorized fee expenditures, and the City is never at risk for payment of its fees. If the property owner is required to construct improvements to be dedicated to the City, the proposed SCIP resolution includes a form of acquisition agreement to be used when such improvements are funded with SCIP bond proceeds, which outlines how a developer will be reimbursed for improvements as they are certified complete by the City.

The benefits of SCIP to the property owner include:
• Only property owners who choose to participate in the program will have assessments or special taxes imposed on their property. • Instead of paying cash for public capital improvements and/or development related fees, the property owner receives low-cost, long-term tax-exempt financing of those fees, freeing up capital for other purposes.
• The property owner can choose to pay off the assessments or special taxes at any time.
• For home buyers, paying for the costs of public infrastructure through an assessment or special tax is superior to having those costs "rolled" into the cost of the home. Although the tax bill is higher, the amount of the mortgage is smaller, making it easier to qualify. Moreover, because the assessment/special tax financing is at tax-exempt rates, it typically comes at lower cost than mortgage rates.
• Owners of smaller projects, both residential and commercial, can have access to tax-exempt financing of infrastructure. Before the inception of SCIP, only projects large enough to justify the formation of an assessment or community facilities district had access to tax-exempt financing. SCIP can finance projects as low as $500,000, which would not be economical on a stand-alone basis.

The benefits of SCIP to the City include:
• As in conventional assessment district and CFD financing, the City is not liable to repay the bonds issued by CSCDA or the assessments or special taxes, as applicable, imposed on the participating properties.
• CSCDA handles all district formation, district administration, bond issuance and bond administration functions. A participating city, county or special district can Tulare City Council Page 13
Agenda Memo - August 6, 2024
provide tax-exempt financing to property owners through SCIP while committing virtually no staff time to administer the program.
• Providing tax-exempt financing helps participating cities and counties cushion the impact of rising public capital improvements costs and development related fees on new development. Many developers rely on assessment district or CFD financing through SCIP in making the decision to purchase land, thereby improving the City’s competitive advantage in attracting new development. • The availability of financing will encourage developers to pull permits and pay fees in larger blocks, giving the participating city, county or special district immediate access to revenues for public infrastructure, rather than receiving a trickle of revenues stretched out over time. As part of the entitlement negotiation process, the possibility of tax-exempt financing of fees can be used to encourage a developer to pay fees up front.
• In some cases, the assessments or special taxes on successful projects can be refinanced through refunding bonds. Savings achieved through a refinancing may be directed to lower property taxes subject to applicable federal tax limitations.

The proposed SCIP resolution authorizes CSCDA to accept applications from owners of property within our planning jurisdiction to apply for tax-exempt financing of public capital improvements and development related fees through SCIP. It also authorizes CSCDA to form assessment districts and community facilities districts within our City’s boundaries, conduct assessment and special tax proceedings and levy assessments and special taxes against the property of participating owners. It approves the form of an acquisition agreement, attached to the SCIP resolution as Exhibit B, to be entered into between the City and the participating property owner/developer, if applicable, to provide the terms and conditions under which financing for public capital improvements will be provided and to establish the procedure for disbursement of bond proceeds to pay for completed facilities. It also authorizes miscellaneous related actions and makes certain findings and determinations required by law.

In addition to the funding of public capital improvements and development related fees, the proposed SCIP resolution authorizes CSCDA to form community facilities districts within our City’s boundaries to levy special taxes to fund public services necessitated by new development projects, if approved by the participating property owner. Similar to the funding of public capital improvements and development related fees, once an application is received by the participating property owner and approved by the City, CSCDA handles all district formation and district administration. CSCDA will coordinate with the City annually to prepare the budget for the levy, and will levy and collect the special taxes for disbursement to the City when collected. Public services will only be included in a community facilities district formed for a stand-alone project.

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 - Staff will work with CSCDA as needed to verify whether any requested revisions could be made to the draft Resolution in such Tulare City Council Page 14
Agenda Memo - August 6, 2024
a way as to remain eligible to participate in SCIP; 2) Deny - The City and property owners would not be able to participate in the SCIP; or 3) Table - A few potential developers in the City of Tulare have indicated their interest in utilizing SCIP to assist in the financing of their projects. Tabling the item could affect their ability to move forward with their projects, resulting in lost economic development opportunities for the City.

11.2 Placing Public Improvement Loans on Tax Roll.

Recommended Action: Adopt a resolution placing costs associated with connection of existing improved properties to the City’s water and/or wastewater systems, and/or the construction of sidewalks, gutters, pavement, driveways, and curbs on existing improved properties within the City on property tax rolls in installments. [M. Roberts] Summary: In 1997, the Board of Public Utilities Commissioners and the City Council approved resolutions authorizing the adoption of the provisions of Streets and Highways Code Section 5870 et. Seq., under the 1911 Act. These provisions provide for the financing of certain public works related costs and declaring the repayment of the same to be assessed against property owners and placed on the property tax rolls.

The City has entered into 14 agreements with various property owners to construct and finance connections, primarily to City sewer services, and place those costs on property tax rolls in installments. Prior to sending the assessments to the County of Tulare, a public hearing is required to allow anyone objecting and wanting to address the City Council.

Fiscal Impact & Funding Source(s): There is no fiscal impact to the current FY 2025 budget.

Legal Review: This item does not require legal review.

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

Please note that there will be approximately a 20-second delay in broadcast for viewers. When calling in, mute the device used for viewing the meeting. [Time Estimate: 8:40 p.m.]

12.1 Zumwalt Park Amphitheater Naming Rights Agreement.

Recommended Action: Approve the Zumwalt Park Amphitheater Naming Rights Agreement with Adventist Health Tulare and Authorize the City Manager to Execute the Agreement. [M. Mondell]
Summary: The City of Tulare has been steadily working to a develop a new amphitheater and other related amenities within Zumwalt Park to provide entertainment and recreation for residents and visitors. This project is one of the many means through which the City is working to redevelop Downtown Tulare. To that end, the following related actions by City Council have already occurred:

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Agenda Memo - August 6, 2024
On December 7, 2021, City Council approved the use of ARPA funds towards the construction of the Zumwalt Park Amphitheater and renovation project.

On January 18, 2022, the City Council approved a contract with Lane Engineers for conceptual design services for the renovation of Zumwalt Park and Amphitheater.

On July 27, 2022, a Request for Proposals (RFP) for the Zumwalt Park Amphitheater Operator was published.

On July 18, 2023, City Council approved a management and operator agreement with Spade Entertainment.

On September 19, 2023, City Council approved a construction contract with Caliber Construction for the Zumwalt Park Renovation Project.

On June 18, 2024, City Council approved a naming rights term sheet with Adventist Health Tulare (Adventist) and authorized the City Attorney to prepare the agreement.

That agreement is attached and presented herein for City Council approval. The agreement is consistent with the approved term sheet which will result in Adventist paying an annual fee to the City to designate the exclusive name of the amphitheater as the “Adventist Health Amphitheater” in exchange for the City providing benefits and advertising services at its sole cost. The basic terms include:
• Initial five-year agreement (to commence August 1, 2024) • Two additional five-year option terms (fee to be renegotiated) • Annual fee of $100,000 (quarterly payments)
• City shall be solely responsible for advertising, marketing, and other rights enumerated although the parties acknowledge other subcontractors to the City may be involved in meeting such obligations.
• City shall complete construction of Zumwalt Park in accord with the approved plans (see Exhibit A) attached.
• City shall design, permit, and construct a permanent custom internally illuminated sign at the front of the stage and a permanent free-standing sign along Tulare Avenue with an electronic message board upon which Adventist may advertise their events, services, and products (see Exhibit B) attached. • City shall ensure Adventist is mentioned in all radio advertisements, on all billboard advertisements, and all printed materials.
• The agreement includes several additional Adventist rights which are enumerated in Section 5. Those rights, in-large part, will be satisfied by the operator (Spade Entertainment) under a separate agreement amendment. • Section 5 (b)(c) includes the right for Adventist to advertise in the City’s wayfinding program and on City sponsored billboards at its sole cost should such efforts proceed.
• Exclusive advertising rights in the “hospital” category with the reservation of the right to review, approve, or deny others.

Fiscal Impact & Funding Source(s): Should Council approve the agreement, the City will receive $100,000 annually in exchange for providing the related benefits and Tulare City Council Page 16
Agenda Memo - August 6, 2024
advertising services. It is the intent of management to utilize the revenue to meet all contract requirements and any remaining funds thereafter to be used to cover the City’s costs of maintaining the facility.

Legal Review: The City Attorney’s office has reviewed and approved the agreement.

Alternative Action: 1) Approve with changes (subject to Adventist approval); 2) Deny; or 3) Table.

12.2 Zumwalt Park Amphitheater Operator Agreement First Amendment.

Recommended Action: Approve and authorize the City Manager to execute the Zumwalt Park Amphitheater Operator Agreement First Amendment with Spade Entertainment. [M. Mondell]
Summary: On July 18, 2023, City Council approved the Zumwalt Park Amphitheater Operator Agreement with Spade Entertainment (Operator).

The City of Tulare has approved or is contemplating approval of a Naming Rights Agreement with Adventist Health Tulare (Adventist). In that agreement the City is contractually obligated to provide several benefits and services along with exclusive naming rights in exchange for Adventist providing an annual fee of $100,000.

Several of the benefits and services included in the agreement can only be provided by the Operator as they have the responsibility to market and advertise events as well as arrange for performers, production, and ticketing. The related expenses include:
• The Operator shall ensure that the Adventist logo and link are included on all digital assets, including social media, display ads, and radio station websites. • The Operator shall ensure that Adventist is mentioned in all radio advertisements, on all billboard advertisements, and all printed materials. • The Operator shall ensure that Adventist has a VIP box for 8 persons to all events, which includes food and drink tickets. In addition, Spade Entertainment shall provide:
o 10 general admission tickets to all events
o 4 VIP parking passes to all events (coordination with City) o Stage mentions for events when announcers are used.
o Meet and greets with performers when requested and available. o One annual corporate party or event (prior to opened gates) at Adventist’s sole cost. The Operator shall secure a private area for the event and provide up to 200 general admission tickets at 50% off face value. o Concert operations staff will wear shirts with the Adventist logo at all events.
o Operator shall provide 2 dedicated email blasts to the email database annually.
o A mobile health unit on site for all events.
o A booth on site for all events.

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o Handing out collateral material on site for all events. o One autographed item per event donated to Adventist for its use. o A full annual recap at the end of the concert season. o Include the Adventist logo on all temporary on-site signage, subject to Adventist’s prior approval and at Adventist’s sole cost.

Based upon management’s discussions with the Operator, the combined hard costs and lost opportunity costs associated with the Operator satisfying its portions of the terms of the naming rights agreement exceeds $25,000 annual. None-the-less, management has proposed, and the Operator has agreed to accept $25,000 from the $100,000 annual naming rights fee to cover the Operator’s related expenses.

Management proposes to use the $75,000 remaining balance of the naming rights fee to cover the City’s expenses in maintain the amphitheater. Currently the City is expending approximately $49,000 annual to maintain Zumwalt Park. It is estimated that the annual maintenance cost, upon Park completion, will increase to $191,000.

Management anticipates the $142,000 increase in maintenance cost to be absorbed through the following means:
• Ticket fess ($1, $2, $3.50)
• 20% of sponsorship revenue
• $1,000 rental fee for non-concert events
• Parking fees ($15 maximum)
• Naming rights
Fiscal Impact & Funding Source(s): Given that this is a new venue and venture for the City it is difficult to predict exactly how much revenue is expected to be achieved on an annual basis. However, it is management’s belief that enough revenue through these means will be achieved to not only cover the increase in maintenance cost but to also set aside funds for future capital improvements.

Legal Review: This item was reviewed by the City Attorney.

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

12.3 Presentation of Proposed City Logos.

Recommended Action: Receive a presentation regarding the process for developing a new City logo and provide direction thereto. [M. Mondell] There is not a staff report associated with this item.

13. FUTURE AGENDA ITEMS [Time Estimate: 10:30 p.m.]

13.1 Name MLK Jr. Ave. and Blackstone St. Intersection in Memory of Leonard Long.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Councilmember Harrell
Summary: Several weeks ago I received an inquiry from the Long family about a promise made to the family by the city to name a street or park for Hospitalman Long.

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Agenda Memo - August 6, 2024
Melissa, was kind enough to research past council minutes but nothing could be found from the council but that's not to say that someone within city government made the promise. I talked to Ronald Long a Brother and he stated that he was in poor health and would like to see his Brother honored before he died.

Leonard Long was born in Tulare April 6, 1947 and grew up at 728 "S" St. he attended Tulare city schools and graduated from Tulare Union High School in 1965. After high school he enlisted in the United States Navy, with the specialty of Hospitalman (Medic).

He was assigned to the 3rd Marine Division, 1st Battalion, 9th Marines in Quang Tri province South Vietnam. On March 26, 1968, while under heavy enemy rocket, mortar, artillery fire as well as small arms Hospitalman Long with disregard for his own safety continued to provide medical care for wounded marines. The after action report indicates that even after loosing a leg to a rocket Hospitalman Long continued to care for others until he was shot and killed by small arms fire. He was buried here in Tulare on April 6, 1968 his 21st. Birthday. He was awarded the Bronze Star, Purple Heart, Vietnam Gallantry Cross as well as several other military awards. He is now being considered for the Silver Star for his action the second highest award given.

Hospitalman Long still has family and many friends here in Tulare. I asked council's approval to name this intersection and place an appropriate sign at the intersection honoring his courage and sacrifice. May his positive example inspire us, to work together towards peace, mutual respect and equality for all.

13.2 Tulare Youth Commission.

Recommended Action: Direct staff to add to a future agenda or take no action.

Submitted by: Vice Mayor Isherwood
Summary: To share with Council a presentation on a Tulare Youth Commission. The presentation is a brief powerpoint that covers the what, who, why and how. Other communities in the valley have youth commissions, and what would this look like for Tulare? Council can review and provide input.

14. STAFF UPDATES [Time Estimate: 10:40 p.m.]

15. ADJOURNMENT [Time Estimate: 10:45 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, August 20, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

City of Tulare Page 1 of 4

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, July 16, 2024
7:00 p.m. - Regular Meeting
Proper notice of this meeting was given pursuant to Government Code Section 54954.2.

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; Chief Financial Officer Mark
Roberts; City Engineer Michael Miller; Public Works Director Trisha Whitfield; Community Services Director Jason Glick; Police Chief Fred Ynclan; Fire Chief Michael Ott; Community Development Director Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers;
Chief Technology Officer Jason Bowling; Safety, Compliance & Facilities Officer Manny Correa

1. CALL TO ORDER
Mayor Sayre called to order the regular meeting of the City Council at 7:04 p.m. in the Council Chamber located at 491 North M Street.

2. PLEDGE OF ALLEGIANCE AND INVOCATION
Public Works Director Trisha Whitfield led the Pledge of Allegiance, and an invocation was given by Jeremy Hartley, Senior Pastor of Tulare First Baptist Church.

3. PUBLIC COMMENT
Makayla Gomez addressed the Council regarding a recent interaction with police officers; and Donnette Silva-Carter provided updates on Chamber of Commerce activity.

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

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

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

Item #: 10.2
Consent
City Council Meeting Minutes Tuesday, July 16, 2024
City of Tulare Page 2 of 4

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

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

6.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of July 2, 2024. [M. Hermann]

6.3 Second Reading and Adoption of Ordinance 2024-04.

Recommended Action: Adopt Ordinance 2024-04 approving Zone Amendment No. 751, pre-zoning the subject property to the R-1-4 (Small-lot Residential) zoning designation. [S. Sopp]

6.4 Motorola Service Agreement.

Recommended Action: Approve a contract with Motorola Solutions in an amount not to exceed $161,705.21 for maintenance and advance replacement of Motorola Radio equipment. [F. Ynclan]

6.5 Capital Improvements Project Dashboard for July 2024.

Recommended Action: Accept the Capital Improvements Project Dashboard for July 2024. [M. Miller]

7. PUBLIC HEARING

7.1 Landscape Maintenance Assessments for Fiscal Year 2024-25.

Recommended Action: Adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for fiscal year 2024-25; and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto.

Presented By: City Engineer Michael Miller
Public Comment: The public hearing was opened at 7:25 p.m. Receiving no public comments, the public hearing was closed at 7:25 p.m.

Council Action: It was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

7.2 Cottonwood 3 Subdivision.

Recommended Action: Pass to print an ordinance approving Zone Amendment No. 752 to change the existing zoning designation from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area) to R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lota area); and adopt a resolution to adopt the initial study / mitigated negative declaration prepared for the Cottonwood 3 Tentative Subdivision Map and Zone Amendment No. 752.

Presented By: Principal Planner Steven Sopp
Public Comment: Prior to the public hearing, Councilmember Harrell stated a conflict of interest due to owning property near the project site, recused himself, and left the dais. Councilmember Harrell also stated a conflict of interest due to owning property near the project site, recused himself, and left the dais. The public hearing was opened at 7:39 p.m. Darlene Mata advised of her availability to City Council Meeting Minutes Tuesday, July 16, 2024
City of Tulare Page 3 of 4
answer any questions regarding the project. Receiving no additional public comments, the public hearing was closed at 7:40 p.m.

Council Action: Following discussion, it was moved by Councilmember Sigala, seconded by Mayor Sayre, and carried 3 to 0 (Councilmembers Mederos and Harrell recused) to approve the item as presented.

8. GENERAL BUSINESS

8.1 Discuss Camping on Public Property Following Supreme Court Decision.

Recommended Action: Receive a presentation regarding the City’s options for responding to issues related to camping on public property and provide direction to staff thereto.

Presented By: City Attorney Mario U. Zamora
Public Comment: There were no public comments.

Council Action: There was no action taken. The Council discussed the following:

Vice Mayor Isherwood addressed the issue of targeting and ensuring ordinances are being applied to everyone in the same manner; Councilmember Mederos noted that the decision basically stated that cities can prohibit conduct, not status, also stating that the City should stay the course; Councilmember Sigala would like the City to develop guiding principles when addressing homelessness, stating that homelessness is not a crime, goal to protect private property, there is compassionate enforcement, and holding people accountable; Mayor Sayre advised of the Pathway Home which was adopted by the Tulare County Task Force on Homelessness and encouraged the City to adopt those guidelines; Mayor Sayre also stated she does not see a need to make any changes at this time; and Councilmember Harrell indicated that Tulare’s model is being looked at by other communities indicating that Tulare is on the right path, and the City should continue in that direction.

9. FUTURE AGENDA ITEMS

9.1 Disbursement of ARPA Funds.

Submitted by: Councilmember Sigala
Council Action: Councilmember Sigala stated he is seeking to provide $5,000 to Tulare City School District to help with supplies for students in need, $5,000 to the Tulare Western Pre-Medical Academy Program, and $10,000 to HACER for scholarships. It was the consensus of Council to have staff add this item to the agenda for a future Council meeting.

10. STAFF UPDATES
Staff provided updates on department activities.

11. ADJOURNMENT
A moment of silence was held in memory of Dennis Soto who recently passed away.

Seeing no further business to discuss, Mayor Sayre adjourned the regular meeting at 8:41 p.m.

City Council Meeting Minutes Tuesday, July 16, 2024
City of Tulare Page 4 of 4
These meeting minutes were approved by the Council on August 6, 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
__________________________________
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Second Reading and Adoption of Ordinance 2024-05

RECOMMENDED ACTION
Adopt Ordinance 2024-05 approving Zone Amendment No. 752 to change the existing zoning designation from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area) to R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lota area).

SUMMARY
This is a request by NFDI LLC to subdivide approximately 13.31-acres and establish an 86-lot single-family residential subdivision. The subject parcel is within the existing City limit boundary. The proposed project is located southeast of the Mooney Blvd. and Foster Dr. ultimate alignments.

The subject property is currently designated Low Density Residential within the City adopted 2035 General Plan. The subject property is currently zoned R-1-6 (Single-family Residential 6,000 sq. ft. minimum lot area). The applicant is requesting to change the existing zoning to R1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) zoning designation. The proposed R-1-5 zoning designation is consistent with the existing Low Density Residential land use designation.

On July 16, 2024, the ordinance was introduced and passed-to-print by Council. Pursuant to Section 15 of the City’s Charter, the ordinance is being presented to Council for the second reading and adoption. There have been no changes made to the ordinance.

FISCAL IMPACT & FUNDING SOURCE(S)
As development occurs, payment of entitlement, building permit, development impact fees, etc. will be required.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Table

3. Deny

ATTACHMENTS

1. Ordinance 2024-05
Reviewed/Approved: JM
Item #: 10.3
Consent

10.3 Consent Page 1
ORDINANCE 2024-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF SECTION 10.24.05 OF SAID CODE ZONE AMENDMENT NO. 752
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and, WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and, WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:

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

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

REZONING approximately 13.31-acres of property from the R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area) zoning designation to the R-1-5 (Single-family Residential, 5,000 sq. ft. minimum lot area) zoning designation and is located southeast of the Mooney Blvd. and Foster Dr. ultimate alignments, as set forth more specifically on said map.

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

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

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

10.3 Consent Page 2 ATTACHMENT 1
ORDINANCE 2024-05

Page 2 ends

from and after the date of its adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 6th day of August 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

10.3 Consent Page 3
Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Monthly Investments Report

RECOMMENDED ACTION
Accept the monthly investments report for June 2024.

SUMMARY
The investments report for June 2024 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. June 2024 Investments Report
Reviewed/Approved: JM
Item #: 10.4
Consent

10.4 Consent Page 1

BOOK VALUE
BOOK MARKET CURRENT % OF

TYPE OF INVESTMENT VALUE VALUE YIELD TOTAL
UNRESTRICTED INVESTMENTS - SEE PAGE 2 243,462,265 233,084,896 1.267% 93.90% RESTRICTED INVESTMENTS - SEE PAGE 3 15,826,457 15,826,457 N/A 6.10% TOTAL INVESTMENTS 259,288,722 248,911,353 N/A 100.00%
Note: The City's financial statments will report market values, not book values, at June 30 each year.

I certify that this report reflects all City investments and complies with the investment policy of the City of Tulare as approved by City Council.

Furthermore, I certify that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.

Presented to the City Council on August 6, 2024. Presented to the Board of Public Utility Commissioners on August 1, 2024.

Respectfully submitted, Mark Roberts, Chief Financial Officer Date
June 30, 2024

SUMMARY OF ALL INVESTMENTS

SUMMARY TREASURER'S REPORT

CITY OF TULARE
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10.4 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 50,618,085 N/A N/A 20.79% On Demand None 50,618,085 N/A N/A
Balance per bank is $
Local Agency Investment Fund (LAIF) State of California Various N/A N/A 36,963,225 (136,171) 1,655,952 15.18% On Demand 4.480% * 36,827,054 (491,348) 137,996
Sub-Total N/A N/A 87,594,210 (136,171) 1,655,952 35.98%

1.893% 87,458,039 (491,348) 137,996
Per BNY WTC
Fixed Income Investments Various (See page 4-7) N/A N/A 155,868,056 (10,241,198) 1,297,160 64.02% Investments in Safekeeping With BNY Western Trust Company 0.890% 145,626,857 (10,852,769) 108,097 TOTAL UNRESTRICTED INVESTMENTS N/A N/A 243,462,265 (10,377,369) 2,953,112 100.00%

1.267% 233,084,896 (11,344,118) 246,093
* LAIF market values are based on the most currently available amortized cost information - June 30, 2024: 0.996316042 ~ U/I = Unrestricted Investments June 30, 2024
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10.4 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 3,483,458 3,483,458 6-30-24 Reserve Fund 3,483,458 3,483,458
2015 Sewer Revenue Refunding Bonds (Account No. 261594000) First American Govt Fd U.S. Bank Trust Various On Demand Various N/A 264,581 264,581 6-30-24 First American Govt Fd U.S. Bank Trust Various N/A 49,641 49,641 6-30-24 Reserve Fund
Investment Repurchase GIC Bayerische Landesbank 11-15-15 11-15-25 1.960% N/A 5,032,685 5,032,685 6-30-24 Reserve Fund 5,346,907 5,346,907
2016 Sewer Revenue Refunding Bonds (Account No. 231687000) U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 17 17 6-30-24 17 17
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 19,266 19,266 6-30-24 19,266 19,266
2017 Water Revenue Bonds (Account No. 219189000)
U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 4 4 6-30-24 4 4
2020 Water Revenue Bonds (Account No. 250953000)
U S Bk Mmkt U.S. Bank Trust Various On Demand Various N/A 6,976,799 6,976,799 6-30-24 6,976,799 6,976,799
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 6-30-24 7 7
TOTAL RESTRICTED INVESTMENTS Book Value % of Total Investments = 6.10% 15,826,457 15,826,457 June 30, 2024
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10.4 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 National Mortgage Assn 08-25-20 0.520% 2,000,000 2,000,000 (62,860) 10,400 3136G4T52 02-25-25 C 0.540% 1,937,140 (68,240) 867
Federal National Mortgage Assn 08-27-20 0.600% 2,000,000 2,000,000 (85,140) 12,000 3136G4U50 05-27-25 C 0.630% 1,914,860 (90,240) 1,000
Federal Home Loan Mtg Corp 06-03-20 0.750% 2,000,000 2,000,000 (82,760) 15,000 3134GVVX3 05-28-25 C 0.780% 1,917,240 (87,660) 1,250
Federal Home Loan Mtg Corp 06-10-20 0.700% 2,000,000 2,000,000 (84,080) 14,000 3134GVB56 06-10-25 C 0.730% 1,915,920 (91,520) 1,167
Federal Home Loan Banks 06-24-20 0.750% 868,056 868,056 (36,953) 6,510 3130AJRE1 06-24-25 C 0.780% 831,102 (37,569) 543
Federal Home Loan Mtg Corp 06-30-20 0.800% 2,000,000 2,000,000 (90,100) 16,000 3134GVT65 06-30-25 C 0.840% 1,909,900 (90,120) 1,333
Federal National Mortgage Assn 07-15-20 0.730% 2,000,000 2,000,000 (94,520) 14,600 3136G4YU1 07-15-25 C 0.770% 1,905,480 (94,380) 1,217
Federal National Mortgage Assn 08-26-20 0.500% 2,000,000 2,000,000 (101,760) 10,000 3136G42E2 08-26-25 C 0.530% 1,898,240 (108,500) 833
Federal Home Loan Mtg Corp 09-30-20 0.500% 2,500,000 2,500,000 (136,050) 12,500 3134GWUE4 09-30-25 C 0.530% 2,363,950 (144,625) 1,042
Federal Home Loan Mtg Corp 09-30-20 0.520% 2,500,000 2,500,000 (135,450) 13,000 3134GWUV6 09-30-25 C 0.550% 2,364,550 (143,975) 1,083
Federal Home Loan Mtg Corp 10-02-20 0.550% 3,000,000 3,000,000 (162,180) 16,500 3134GWX43 10-02-25 C 0.580% 2,837,820 (172,410) 1,375
Federal Home Loan Mtg Corp 10-15-20 0.550% 3,000,000 3,000,000 (168,900) 16,500 3134GWXX9 10-15-25 C 0.580% 2,831,100 (176,760) 1,375
- CONTINUED ON PAGE 5 -

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS
June 30, 2024
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10.4 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 (167,010) 15,900 3134GWY34 10-15-25 C 0.560% 2,832,990 (177,540) 1,325
Federal National Mortgage Assn 10-20-20 0.580% 3,000,000 3,000,000 (169,470) 17,400 3135G06A6 10-20-25 C 0.610% 2,830,530 (177,270) 1,450
Federal Farm Credit Bks Funding Corp 10-21-20 0.520% 2,500,000 2,500,000 (141,250) 13,000 3133EMDZ2 10-21-25 C 0.550% 2,358,750 (150,000) 1,083
Federal Farm Credit Bks Funding Corp 10-22-20 0.530% 2,500,000 2,500,000 (141,200) 13,250 3133EMEC2 10-22-25 C 0.560% 2,358,800 (149,950) 1,104
Federal Home Loan Mtg Corp 10-27-20 0.625% 3,000,000 3,000,000 (167,400) 18,750 3134GW3X2 10-27-25 C 0.660% 2,832,600 (177,840) 1,563
Federal Home Loan Mtg Corp 10-28-20 0.600% 2,000,000 2,000,000 (112,440) 12,000 3134GW3Z7 10-28-25 C 0.640% 1,887,560 (119,460) 1,000
Federal Home Loan Mtg Corp 10-29-20 0.570% 3,000,000 3,000,000 (170,130) 17,100 3134GWZL3 10-29-25 C 0.600% 2,829,870 (180,720) 1,425
Federal Home Loan Mtg Corp 11-10-20 0.610% 3,000,000 3,000,000 (180,630) 18,300 3134GW6S0 11-10-25 C 0.650% 2,819,370 (182,580) 1,525
Federal Home Loan Mtg Corp 11-12-20 0.600% 2,000,000 2,000,000 (115,940) 12,000 3134GXAP9 11-12-25 C 0.640% 1,884,060 (122,900) 1,000
Federal Home Loan Mtg Corp 11-25-20 0.625% 3,000,000 3,000,000 (177,480) 18,750 3134GXCS1 11-25-25 C 0.660% 2,822,520 (187,380) 1,563
Federal Home Loan Mtg Corp 11-30-20 0.650% 2,000,000 2,000,000 (117,860) 13,000 3136GXFA7 11-26-25 C 0.690% 1,882,140 (124,460) 1,083
Federal Home Loan Mtg Corp 12-01-20 0.620% 1,500,000 1,500,000 (89,850) 9,300 3134GXDM3 12-01-25 C 0.660% 1,410,150 (94,680) 775
Federal Farm Credit Bks Funding Corp 12-17-20 0.540% 2,500,000 2,500,000 (157,000) 13,500 3133EMKT8 12-17-25 C 0.580% 2,343,000 (165,175) 1,125
- CONTINUED ON PAGE 6 -

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
June 30, 2024
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10.4 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 (123,220) 12,500 3134GXFV1 12-17-25 C 0.670% 1,876,780 (129,640) 1,042
Federal Home Loan Mtg Corp 12-23-20 0.700% 3,000,000 3,000,000 (183,660) 21,000 3134GXHD9 12-23-25 C 0.750% 2,816,340 (197,910) 1,750
Federal Home Loan Mtg Corp 01-05-21 0.550% 2,500,000 2,500,000 (158,350) 13,750 3134GXJX3 01-05-26 C 0.590% 2,341,650 (169,875) 1,146
Federal Home Loan Mtg Corp 01-07-21 0.520% 2,000,000 2,000,000 (128,000) 10,400 3134GXJZ8 01-07-26 C 0.560% 1,872,000 (137,260) 867
Federal Home Loan Banks 01-22-21 0.625% 2,500,000 2,500,000 (164,475) 15,625 3130AKQ74 01-22-26 C 0.670% 2,335,525 (174,100) 1,302
Federal Home Loan Mtg Corp 01-22-21 0.550% 2,500,000 2,500,000 (163,075) 13,750 3134GXKJ2 01-22-26 C 0.590% 2,336,925 (174,700) 1,146
Federal Home Loan Banks 01-28-21 0.600% 2,000,000 2,000,000 (133,540) 12,000 3130AKPC4 01-28-26 C 0.640% 1,866,460 (141,520) 1,000
Federal National Mortgage Asso. 01-28-21 0.550% 2,000,000 2,000,000 (128,720) 11,000 3135G06R9 01-28-26 C 0.590% 1,871,280 (141,200) 917
Federal Home Loan Banks 02-17-21 0.625% 3,000,000 3,000,000 (205,710) 18,750 3130AL3S1 02-17-26 C 0.670% 2,794,290 (217,710) 1,563
Federal Home Loan Banks 02-24-21 0.600% 3,000,000 3,000,000 (209,220) 18,000 3130AKYU4 02-24-26 C 0.640% 2,790,780 (221,220) 1,500
Federal Home Loan Banks 02-25-21 0.625% 3,000,000 3,000,000 (208,170) 18,750 3130ALCW2 02-25-26 C 0.670% 2,791,830 (220,110) 1,563
Federal Home Loan Banks 02-26-21 0.650% 3,000,000 3,000,000 (204,420) 19,500 3130AKZ25 02-26-26 C 0.700% 2,795,580 (217,680) 1,625
Federal Home Loan Banks 03-10-21 0.800% 3,000,000 3,000,000 (208,440) 24,000 3130ALFS8 03-10-26 C 0.860% 2,791,560 (213,150) 2,000
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CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
June 30, 2024
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10.4 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 (161,525) 25,750 3130ALKQ6 03-30-26 C 1.100% 2,338,475 (173,175) 2,146
Federal Home Loan Banks 04-22-21 1.100% 2,500,000 2,500,000 (164,025) 27,500 3130ALXV1 04-22-26 C 1.180% 2,335,975 (175,575) 2,292
Federal Home Loan Banks 06-30-21 1.000% 3,000,000 3,000,000 (218,610) 30,000 3130AMWU2 06-30-26 C 1.080% 2,781,390 (232,080) 2,500
Federal Home Loan Banks 07-13-21 1.020% 3,000,000 3,000,000 (221,970) 30,600 3130AN2L3 07-13-26 C 1.100% 2,778,030 (237,000) 2,550
Federal Home Loan Banks 07-29-21 1.125% 3,000,000 3,000,000 (218,040) 33,750 3130AN4R8 07-29-26 C 1.210% 2,781,960 (231,690) 2,813
Federal Home Loan Banks 08-24-21 1.050% 3,000,000 3,000,000 (229,650) 31,500 3130ANFT2 08-24-26 C 1.140% 2,770,350 (243,810) 2,625
Federal Home Loan Banks 08-26-21 0.900% 2,500,000 2,500,000 (199,500) 22,500 3130ANLZ1 08-26-26 C 0.980% 2,300,500 (211,425) 1,875
Federal Home Loan Banks 08-27-21 1.050% 2,500,000 2,500,000 (192,125) 26,250 3130ANM56 08-27-26 C 1.140% 2,307,875 (203,825) 2,188
Federal Home Loan Banks 09-28-21 1.100% 3,000,000 3,000,000 (236,430) 33,000 3130ANUX6 09-28-26 C 1.190% 2,763,570 (250,980) 2,750
Federal Home Loan Banks 09-28-21 0.900% 3,000,000 3,000,000 (249,090) 27,000 3130ANXS4 09-28-26 C 0.980% 2,750,910 (264,000) 2,250
Federal Home Loan Banks 09-30-21 1.000% 3,000,000 3,000,000 (243,480) 30,000 3130ANXU9 09-30-26 C 1.090% 2,756,520 (258,000) 2,500
Federal Home Loan Banks 09-30-21 0.950% 2,500,000 2,500,000 (205,550) 23,750 3130ANYR5 09-30-26 C 1.040% 2,294,450 (217,725) 1,979
Federal Home Loan Banks 10-21-21 1.000% 2,500,000 2,500,000 (206,425) 25,000 3130APCD5 10-21-26 C 1.090% 2,293,575 (219,300) 2,083
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CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
June 30, 2024
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10.4 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 (236,940) 37,500 3130APJ55 10-26-26 C 1.360% 2,763,060 (248,340) 3,125
Federal Home Loan Bks 10-26-21 1.125% 3,000,000 3,000,000 (242,070) 33,750 3130APJB2 10-26-26 C 1.220% 2,757,930 (256,740) 2,813
Federal Home Loan Bks 10-28-21 1.250% 3,000,000 3,000,000 (234,300) 37,500 3130APDQ5 10-28-26 C 1.360% 2,765,700 (248,910) 3,125
Federal Home Loan Bks 10-28-21 1.100% 2,000,000 2,000,000 (162,820) 22,000 3130APFQ3 10-28-26 C 1.200% 1,837,180 (172,660) 1,833
Federal Home Loan Bks 10-28-21 1.120% 2,000,000 2,000,000 (161,960) 22,400 3130APFR1 10-28-26 C 1.220% 1,838,040 (171,760) 1,867
Federal Home Loan Bks 10-28-21 1.050% 2,000,000 2,000,000 (165,020) 21,000 3130APFU4 10-28-26 C 1.140% 1,834,980 (174,900) 1,750
Federal Home Loan Bks 11-16-21 1.375% 2,500,000 2,500,000 (194,975) 34,375 3130APLP8 11-16-26 C 1.490% 2,305,025 (207,125) 2,865
Federal Home Loan Bks 11-18-21 1.375% 3,000,000 3,000,000 (234,480) 41,250 3130APNK7 11-18-26 C 1.490% 2,765,520 (249,090) 3,438
Federal Home Loan Bks 11-23-21 1.450% 3,000,000 3,000,000 (226,260) 43,500 3130APPL3 11-23-26 C 1.570% 2,773,740 (240,750) 3,625
Federal Home Loan Bks 12-17-21 1.600% 2,000,000 2,000,000 (147,260) 32,000 3130APXT7 12-17-26 C 1.730% 1,852,740 (161,360) 2,667
Federal Home Loan Bks 03-29-22 2.350% 2,000,000 2,000,000 (121,280) 47,000 3130ARA68 03-29-27 C 2.500% 1,878,720 (130,520) 3,917
TOTAL FIXED INCOME INVESTMENTS N/A N/A 155,868,056 (10,241,198) 1,297,160 **All are in safekeeping with BNY Western Trust Company 0.890% 145,626,857 (10,852,769) 108,097 ~ U/I = Unrestricted Investments

CITY OF TULARE

SUMMARY TREASURER'S REPORT, CONTINUED

FIXED INCOME INVESTMENTS, CONTINUED
June 30, 2024
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10.4 Consent Page 9

CITY OF TULARE

TREASURER'S EXECUTIVE SUMMARY
June 30, 2024

BOOK VALUE
CHANGES IN BALANCES AND YIELDS: MARKET VALUE

DIFFERENCE AVERAGE STATED YIELD

CATEGORY JUNE MAY CHANGE JUNE MAY CHANGE
Total Investments 259,288,722 262,920,935 (3,632,213) N/A N/A N/A 248,911,353 251,851,845 (2,940,493)
(10,377,369) (11,069,089) 691,720
Unrestricted Investments 243,462,265 246,772,311 (3,310,046) 1.267% 1.227% 0.040% 233,084,896 235,703,222 (2,618,326)
(10,377,369) (11,069,089) 691,720
Restricted Investments 15,826,457 16,148,624 (322,167) N/A N/A N/A 15,826,457 16,148,624 (322,167)
0 0 0
Local Agency Investment Fund (LAIF) 36,963,225 36,572,457 390,768 4.480% 4.332% 0.148% 36,827,054 36,360,017 467,036
(136,171) (212,440) 76,269
Fixed Income Investments (Total) 155,868,056 157,868,056 (2,000,000) 0.890% 0.890% 0.000% 145,626,857 147,011,406 (1,384,549)
(10,241,198) (10,856,649) 615,451
TRANSACTIONS (BOOK VALUE): *

CATEGORY PURCHASES SALES / CALLS
Fixed Income Investments Fixed Income Investments
Federal Farm Credit Bks Funding Corp 2,000,000
0 2,000,000
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10.4 Consent Page 10
Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Community Development - Housing
Submitted by: Gladys Avitia, Housing and Grants Specialist Agenda Title: Tulare Homeless Shelter Fiscal Year 2024 County ARPA Funds

RECOMMENDED ACTION
Adopt a resolution approving the sole source justification for ESS Universal USA LLC (ESS Universal) and authorizing the purchase of 364 mattresses and 182 bunk beds at an approximate cost of $211,500.

SUMMARY
The City of Tulare received $500,000 from the Tulare County Health & Human Services Agency to fund the furnishing of the upcoming permanent emergency shelter. This contribution will assist in covering associated costs, including mattresses, cubicles, tables, chairs, and other necessary capital expenses.

ESS Universal has extensive experience supplying durable and high-quality furniture to emergency shelters. Their products have been tested and proven to meet the rigorous demands of emergency shelter centers. The cost of the mattresses and bunk beds from ESS Universal is competitive when considering the quality and durability of the products. The price is considered fair and reasonable based on market research and the quality of the items received.

FISCAL IMPACT & FUNDING SOURCE(S)
Tulare County ARPA Funds FY 2024.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes
Item #: 10.5
Consent

10.5 Consent Page 1

2. Deny: Reject the prosed sole source justification and continue searching for a different vendor. This option may compromise expending funds on time.

3. Table: Reschedule consideration of this item to a future City Council meeting.

ATTACHMENTS

1. Resolution

2. Quote for Bedframes and Mattresses

3. Supporting Documentation
Reviewed/Approved: JM

10.5 Consent Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE PROCUREMENT OF FURNISHINGS FOR THE PERMANENT

EMERGENCY SHELTER FROM ESS UNIVERSAL USA LLC
WHEREAS, the City of Tulare has received $500,000 from the Tulare County Health & Human Services Agency to fund the furnishing of the upcoming permanent emergency shelter; and
WHEREAS, this contribution will cover all associated costs, including mattresses, cubicles, tables, chairs, and other necessary capital expenses; and WHEREAS, City staff conducted a thorough review of cooperative purchasing websites, such as Sourcewell and Omnia Partners, as well as other suppliers to find bedframes and mattresses that meet the specific requirements of being metal, stackable, twin-sized, bedbug-proof, and waterproof; and
WHEREAS, ESS Universal USA LLC. was identified as the only supplier that met these specifications after a comprehensive review process; and WHEREAS, ESS Universal USA LLC. has extensive experience supplying durable and high-quality furniture to emergency shelters, and their products have been tested and proven to meet the rigorous demands of such centers.

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

Section 1. The procurement of furnishings from ESS Universal USA LLC for the permanent emergency shelter is hereby approved.

Section 2. It is hereby confirmed that the sole-source procurement complies with all relevant City policies and regulations, ensuring transparency and accountability in the purchasing process.

Section 3. The City Manager or designee is hereby authorized to execute any necessary documents and take any additional actions necessary to effectuate the procurement.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 6th day of August 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

10.5 Consent Page 3 ATTACHMENT 1
*** YOUR SOURCE FOR HEAVY DUTY BUNK BEDS ***

ESS UNIVERSAL
171 COLLEGE AVE
HOLLAND, MI 49423
+16162290597
***.HeavyDutyBunkBeds
.com
Quote 15282

ADDRESS SHIP TO
Gladys Avitia
City of Tulare Homeless
Shelter
411 E Kern Ave
Tulare, CA 93274
559.684.4222
Gladys Avita
City of Tulare Homeless
Shelter
411 E Kern Ave
Tulare, CA 93274
559.684.4222
DATE
07/26/2024
TOTAL
$211,416.84

ACTIVITY QTY RATE AMOUNT
MS2-39 D
Missouri Single over Single Detachable Bunk Bed to fit a 39" x 75" mattress, | $895
[ 20% Discount ]
NOTE: This price includes 2 guard rails and 1 ladder per bunk bed.
182 716.00 130,312.00T
Mattresses:M1-39
Waterproof Foam Mattress 39" x 75" | $200
[ 15% Discount ]
364 170.00 61,880.00T
Freight
Freight to Tulare, CA | $3,369
1 3,369.00 3,369.00T
Tax-Exempt
^If Tax-Exempt, please provide appropriate documents*
1 0.00 0.00T
SUBTOTAL 195,561.00
TAX 15,855.84
TOTAL $211,416.84
Gladys,
At ESS Universal, we think that everyone
deserves a bed that’s durable and comfortable
because strength comes from a good night’s rest.

Gorilla Strong. Bed Bug Smart.

THANK YOU.

Accepted By Accepted Date

10.5 Consent Page 4 ATTACHMENT 2
ESS Universal USA LLC. Product Description
Key Features - Metal Bed:
�� Rectangular steel tube construction
�� Connections are fully seam-welded to prevent bedbugs �� Rated at 500 pounds per sleeping platform
�� Guardrails + Ladder Included (ladder includes comfort step) �� Heavy wire mesh platform - No springs or squeaks
�� Bolt Holes in each foot pad
�� Easy assembly - 8 Total Parts
�� 3 year structural warranty
�� Powder coat black finish
Key Features - Waterproof Foam Mattress:
�� High density foam, Semi - firm mattress.
�� Waterproof polyester / polyurethane cover - soft to the touch; 'satin feel', unlike a traditional hard-plastic or vinyl.
�� The cover is your first line of defense against bed bugs �� Makes no noise when the sleeper turns over.
�� Cover breathes out.
�� Hypo-allergenic.
�� Cover wipes clean with warm damp cloth.
�� Three sided zipped cover is easily removed and washed �� Meets 16 CFR 1632 + 1633 (Open Flame)

10.5 Consent Page 5 ATTACHMENT 3
City of Albuquerque Sole Source Contracts
The City of Albuquerque has awarded the following sole source procurements. You may find more information about sole source procurements at solesource.cabq.gov Information as of: Jul 25, 2024

VENDOR DATE

ENTERED
END OF

POSTING
PERIOD

AMOUNT QUANTITY DEPARTMENT DESCRIPTION
SMG Jun 19,
2017
12:00:00
AM
Jul 20,
2017
12:00:00
AM
$100,000.00 1 DMD Divisions <div>The purpose of the proposed contract is for the operation, maintenance and marketing of the Albuquerque Baseball Complex, 87120.  The venue consists of 5 collegiate-level, synthetic turf baseball fields on approximately 34 acres of the northern portio undeveloped for the time being.  The facility also includes a two-story multi-purpose administration/concession building.&#160 The Gordian GroupNov 21,
2017
12:00:00
AM
Dec 22,
2017
12:00:00
AM
$12,470.00 1 DMD Divisions <div>The Gordian Group holds the trade mark for Job Order Core Licenses through a proprietary software that is specifically design purchased training for through a Professional Technical contract.</div> Physio-Control,
Inc.

Nov 28,
2017
12:00:00
AM
Dec 29,
2017
12:00:00
AM
$366,895.33 17 Fire Department <div>Lund University Cardiac Arrest System (LUCAS) cardiopulmonary resuscitation (CPR) Device.</div> TSF International Jan 9, 2018
12:00:00
AM
Feb 9,
2018
12:00:00
AM
$0.00 1 Parks and
Recreation
<div>TSF International is the Sole Source in the State of New Mexico for the items listed in contract SHR000021267 that are& placed on an "as needed" basis.</div>
LSC
Environmental
LLC
Jan 9, 2018
12:00:00
AM
Feb 9,
2018
12:00:00
AM
$63,554.40 1 Solid Waste <div>LSC Environmental LLC is the Sole Source provider and has a patent for the Posi-Shell required for covering the Cerro Colora gasses to keep them from emitting into the atmosphere. </div> LSC
Environmental
LLC
Jan 9, 2018
12:00:00
AM
Feb 9,
2018
12:00:00
AM
$53,638.00 1 Solid Waste <div>LSC Environmental LLC is the Sole Source for VERDac, a mulch mineral binder for the Cerro Colorado Landfill which is a daily Grimes
Horticulture
Jan 9, 2018
12:00:00
AM
Feb 9,
2018
12:00:00
AM
$30,000.00 1 Department of
Finance and
Administration
<div>Grimes Horticulture is the Sole Source for Seeds, Plugs and Plants that supplies the wide variety needed by Various City Depa Axon Enterprise,
Inc.

Jul 24, 2018
12:00:00
AM
Aug 24,
2018
12:00:00
AM
$2,090,000.00 0 APD Purchase of Electronic Control Weapons (ECWs) parts and accessories.

SpeakWrite Jul 26, 2018
12:00:00
AM
Aug 26,
2018
12:00:00
AM
$0.00 0 APD Provide transcription services using files from the Evidence.com platform APD currently utilizes.

Tom Loftus Aug 3, 2018
12:00:00
AM
Sep 3,
2018
12:00:00
AM
$0.00 0 Parks and
Recreation
<div>Parks and Recreation, Golf division wishes to enter into an agreement to purchase OEM John Deere parts on an as needed ba Eproval Aug 23,
2018
12:00:00
AM
Sep 23,
2018
12:00:00
AM
$105,000.00 1 Cultural Services <div>Event permitting process software designed specifically to facilitate municipalities special requirements for event VIKEN Detection
Formerly
Heuresis
Jun 18,
2019
12:00:00
AM
Jul 19,
2019
12:00:00
AM
$126,766.00 2 Aviation HBI-120 LC Handheld Backscatter X-Ray Imagers plus accessories including: 6-000001 Single Trigger, 3-03952 A HBI-120 Ba Kit; 5-100115 A Tactical Back Pack, HBI, 1-100005 Large Area Detector, Warranty, Training and Shipping.

Globosocks, LLC Jul 15, 2019
12:00:00
AM
Aug 15,
2019
12:00:00
AM
$0.00 0 Department of
Finance and
Administration
Exterior safety side mirror cover that increase the visibility of a vehicle to passing traffic through the use ofreflective and high visibilit Soilutions, Inc. Sep 19,
2019
12:00:00
AM
Oct 20,
2019
12:00:00
AM
$69,000.00 1 Aviation Food Waste Carts, Pick-Up and Composting for the Aviation Department.

Albuquerque
Hispano
Chamber of
Commerce
(AHCC)
Sep 27,
2019
12:00:00
AM
Oct 28,
2019
12:00:00
AM
$350,000.00 0 Economic
Development
Department
AHCC will oversee the development and performance of a public engagement campaign.

Downtown ABQ MainStreetFeb 28,
2020
12:00:00
AM
Mar 30,
2020
12:00:00
AM
$99,000.00 1 Economic
Development
Department
<div>New Mexico MainStreet (NMMS) is a program of the New Mexico Economic Development Department that promotes a commu together inviting them to be proactive participants in the revitalization process. This is done through an accreditation process. DTMS MainStreet methodology in Albuquerques Downtown. </div> Nob Hill MainStreetFeb 28,
2020
12:00:00
AM
Mar 30,
2020
12:00:00
AM
$60,000.00 1 Economic
Development
Department
<div>New Mexico MainStreet (NMMS) is a program of the New Mexico Economic Development Department that promotes a commu together inviting them to be proactive participants in the revitalization process. This is done through an accreditation process. NHMS MainStreet methodology in Albuquerques Nob Hill area.</div> Golden
Engineering, Inc.

Jun 22,
2020
12:00:00
AM
Jul 23,
2020
12:00:00
AM
$160,000.00 2 APD The Albuquerque Police Department (APD) seeks to procure Two (2) SmartRay Vision (SRV) model 3X machines and Two (2)Golde generators to match current digital radiography systemsthe department currently utilizes. APD bomb technicians are trained to use t PROSTUFF LLC Jul 9, 2020
12:00:00
AM
Aug 9,
2020
12:00:00
AM
$37,972.00 1 Parks and
Recreation
<div>The Parks and Recreation department is purchasing a Crescent 8 Pro Gate System From ProStuff LLC who is the Sole Source that is over 10 years old and is in danger of causing injury. </div> Albuquerque
Hispano
Chamber of
Commerce
(AHCC)
Oct 16,
2020
12:00:00
AM
Nov 16,
2020
12:00:00
AM
$18,000.00 1 Economic
Development
Department
Modification to the Scope of Services is needed in order for the Contractor to adjust the public engagement campaign to address CO Event Approvals
Inc.

Nov 18,
2020
12:00:00
AM
Dec 19,
2020
12:00:00
AM
$84,000.00 1 Cultural Services Renewal of software licensing for Eproval, Event Permitting Software 7/25/24, 9:41 PM Sole Source Awarded
https://newpublicreports.cabq.gov/ibmcognos/bi/?perspective=classicviewer&pathRef=.public_folders%2FTransparency%2FSole%2BSource%2BAwar… 1/2

10.5 Consent Page 6
LSC
Environmental
Jan 11,
2021
12:00:00
AM
Feb 11,
2021
12:00:00
AM
$100,000.00 1 Solid Waste VERDac Landfill Cover Pellets LSC
Environmental
LLC
Mar 30,
2023
12:00:00
AM
Apr 30,
2023
12:00:00
AM
$71,775.00 1 Solid Waste LSC Environmental LLC is the Sole Source for VERDac, a mulch mineral binder which is a daily cover that adheres to the Landfill.

Albuquerque
Hispano
Chamber of
Commerce
May 18,
2023
12:00:00
AM
Jun 18,
2023
12:00:00
AM
$6,065,000.00 5 Economic
Development
Department
An agreement with the Albuquerque Hispano Chamber of Commerce to recruit Hispanic, and Native American tourists, conventions Convention Center, Albuquerque hotels, as well as provide Destination Management Services to these groups and individuals.

ESS Universal Jun 14,
2023
12:00:00
AM
Jul 15,
2023
12:00:00
AM
$301,192.50 1,801 Family &
Community
Services
Heavy Duty Bunk Beds supporting up to 500lbs and is bed bug proof in all aspects (bed frame, mattress, pillows) L3Harris Sep 11,
2023
12:00:00
AM
Oct 12,
2023
12:00:00
AM
$129,975.00 1 DMD Divisions Sole source purchase request for an interactive driving simulator that provides a high-fidelity, real-world driving environments for driv equipment, mining/construction, passenger buses, and emergency response vehicles.

ESS Universal Sep 15,
2023
12:00:00
AM
Oct 16,
2023
12:00:00
AM
$348,308.90 225 Family &
Community
Services
Heavy-Duty Bed Bug Resistant Bunk Beds
Good.Sam Dec 19,
2023
12:00:00
AM
Jan 19,
2024
12:00:00
AM
$120,000.00 1 Fire Department Good Sam has created a sole source web based application that allows for two way video communication with 911 dispatchers and taker sends a text message to the emergency caller, the emergency caller shares their location and video which allows for a HIPAA and nature of their emergency. Good Sam has also developed an exclusive artificial intelligence system that can measure the callers English. For those not speaking English, instantly translate into 104 languages. AFR will utilize this application within its dispatch cen medical calls while still providing consultation and reassurance to the caller. It will give our dispatchers the ability to send the most a caller for a significant medical or fire event. The we based app allows the call to be Instantly opened on the callers phone camera wh dispatch/PSAP. The location of the caller is immediately conveyed along with their direction of travel and speed. It allows for multi ag provide situational awareness across police, fire and ambulance. After doing research, they are the only company that provides this Ladris Jan 11,
2024
12:00:00
AM
Feb 11,
2024
12:00:00
AM
$12,484.50 1 Department of
Finance and
Administration
The City of Albuquerque, New Mexico wishes to improve disaster evacuation modelingcapabilities across the City and its various po that would allow city emergency services offices to dynamically modelevacuation times, traffic conditions, and infrastructure adjustm will be used by city planners and emergencymanagement officials to predict evacuation times in the event of wildfires, flooding,terro exercises for emergencyoperations center (EOC) personnel; and plan for the impact of new infrastructure, includinghousing and roa emergency responsecapabilities. To better understand how to implement such capabilities, the City has proposeda project to implem enhanceits existing planning capabilities.The proposed project is dependent upon software provided by Ladris Technologies, Inc. top conditions across anextremely broad range of scenarios. Multiple evacuation simulations will vary the populationand traffic density, d vehicletypes, evacuation departure curves, evacuee behaviors in terms of route preferences, andmore.Traffic models will cover larg vehicleson individual road segments where congestion is most likely to occur, with projections thatcascade via a microsimulation mo wider area, showing progression of traffic patterns over time. This permits emergencymanagement to study the effects of traffic cont and response decisions.In other counties and cities, La 7/25/24, 9:41 PM Sole Source Awarded
https://newpublicreports.cabq.gov/ibmcognos/bi/?perspective=classicviewer&pathRef=.public_folders%2FTransparency%2FSole%2BSource%2BAwar… 2/2

10.5 Consent Page 7

10.5 Consent Page 8
*** YOUR SOURCE FOR HEAVY DUTY BUNK BEDS ***

ESS UNIVERSAL
171 COLLEGE AVE
HOLLAND, MI 49423
(616) 229.0597
www.HeavyDutyBunkBeds
.com
Quote 11299

ADDRESS SHIP TO
Elizabeth Holguin
WEHC
7440 Jim Mcdowell Rd
Albuquerque, NM
87121
Elizabeth Holguin
WEHC
7440 Jim Mcdowell Rd
Albuquerque, NM 87121
DATE
04/05/2023
TOTAL
$301,192.50

ACTIVITY QTY RATE AMOUNT
Single Beds:D1-39
Dallas Single to fit a 39" x 75" mattress | $345
[ 25% Discount ]
450 258.75 116,437.50T
Mattresses:M1-39
Waterproof Foam Mattress 39" x 75" | $200
[ 25% Discount ]
450 150.00 67,500.00T
Accessories:L1
Under Bed Storage Locker | $225
[ 25% Discount ]
450 168.75 75,937.50T
Pillows:P1
Waterproof Foam Pillow | Retail: $75
[ 25% Discount ]
450 56.25 25,312.50T
Freight
Freight to Albuquerque, NM | $16,005
1 16,005.00 16,005.00T
NOTE: Pillows would be shipped later.

Shipments will come in dedicated trucks requiring
unloading with a forklift.

SUBTOTAL 301,192.50
TAX 0.00
TOTAL $301,192.50
Elizabeth,
At ESS Universal, we think that everyone
deserves a bed that’s durable and comfortable
because strength comes from a good night’s rest.

Gorilla Strong. Bed Bug Smart.

Madi Willcome
O: 616-229-0597
THANK YOU.

10.5 Consent Page 9

ESS UNIVERSAL USA, LLC
HOLLAND, MI 49423

08.23.21 Dear Scott Gold,
This letter has been written to confirm that ESS Universal is a sole source provider of heavy-duty bunk beds. ESS Universal manufactures and supplies high-quality, costeffective furniture products. ESS Universal provides different products with beds that can support over 500lbs.

ESS Universal is the sole and only provider of this technology and material provided in form of bunk beds.

We appreciate your interest in our products. If you desire more information, please contact me at 616.229.0597
Sincerely,
Philip Bouman
Owner

10.5 Consent Page 10
Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Community Development
Submitted by: Mario Anaya, Community Development Director Agenda Title: Commercial Development Impact Fee Deferral Request - Prosperity Foodland

RECOMMENDED ACTION
Adopt a resolution granting the deferral of development impact fees as requested by Darshan Singh (Property Owner), associated with development of the property located at 1290 North West Street, Tulare CA 93274 (APN 169-036-041), in the sum of $127,494.00.

SUMMARY
The City of Tulare through Site Plan Review No. 19-34 and Conditional Use Permit No. 2020- 03 approved the construction of a service station and convenience store with a lease space for a future tenant, located at 1290 North West Street, Tulare CA 93274. On December 22, 2022, Property Owner applied for building permits accompanied by building plans to begin construction of the project.

8.56.080 Payment of fees.

(B) Fees imposed on non-residential development may be deferred by action of the City Council. The action shall consist of the adoption of a resolution consistent with the following terms and conditions:
(1) A determination is made that such action will promote and stimulate economic development within the city. The City Council shall make specific findings setting forth how the subject project accomplishes this goal;
(2) Establish a specific timetable for payment in full of the deferred fees. The City Council may also require a percentage to be paid with the issuance of a building permit. In no event shall deferral of payment in full be permitted for more than five years;
(3) Interest on the unpaid portion of deferred impact fees shall accrue at a rate equal to the Local Agency Investment Fund (LAIF) interest rate in effect at the time the resolution is adopted and shall be articulated in the resolution. Interest shall be due Item #: 10.6
Consent

10.6 Consent Page 1
and payable, in full, with the final payment, although interest may be paid earlier at the election of the party developing the project;
(4) A written guarantee of payment in full of the impact fees, in the form of a surety bond or some other form of surety instrument as may be acceptable to the City Engineer and the City Attorney, shall be executed and delivered to the city prior to the issuance of a building permit for the project. Interest in real property may be deemed an appropriate form of surety; and
(5) A determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

FISCAL IMPACT & FUNDING SOURCE(S)
The deferral of the project’s development impact fees shall not materially affect the financial ability of the city to satisfy its current five-year capital improvement program.

LEGAL REVIEW
The standard development impact fee deferral agreement template has been used, as reviewed, and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes – No impact.

2. Deny – Would delay issuance of the building permit and construction of the proposed project.

3. Table – Would delay issuance of the building permit and construction of the proposed project.

ATTACHMENTS

1. Development Impact Fee Deferral Resolution

2. Agreement for Issuance of Building Permits and Deferral of Payment of Impact Fees Reviewed/Approved: JM

10.6 Consent Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

RATIFYING THE APPROVAL OF A DEFERRAL OF DEVELOPMENT IMPACT FEES PURSUANT TO SECTION 8.56.080 OF THE TULARE MUNICIPAL CODE WHEREAS, Property Owner, Darshan Singh, has submitted plans and specifications and applied for associated permits for a development project (the “Project”) located at the southeast corner of West Street and Prosperity Avenue; and WHEREAS, as a condition of receiving the required permits to commence construction on the Project, Property Owner must agree to pay the required development impact fees in the sum of $127,494.00, which includes police, fire, general government, wastewater, water, groundwater recharge, and transportation impact fees which have been set by Resolution of the City Council and in conformity with California Government Code Section 66001 et seq.; and
WHEREAS, City Council has made determination the project will promote and stimulate economic development within the city; and
WHEREAS, Property Owner has requested, and City Council approved on August 6, 2024, a four-year development impact fee deferral; and WHEREAS, Property Owner shall pay $25,498.60 which represents twenty percent (20%) of the Total development impact fees due and owing at the time of issuance of the building permits on the project; and
WHEREAS, Property Owner shall pay the remaining outstanding eighty percent (80%) balance of the total sum of $127,494.00 in equal installments of $25,498.80, plus

4.48% interest, on or before August 6th of the consecutive years 2025, 2026, 2027, and 2028.

WHEREAS, Property Owner shall execute an Agreement, which shall be recorded in the office of the County Recorder of Tulare County and, from the date of recordation, shall constitute a lien for the payment of the fee, which shall be enforceable against successors in interest to the Property owner or lessee at the time of issuance of the building permit; and
WHEREAS, a determination is made that the deferral of the fees shall not materially affect the financial ability of the city to satisfy its then current five-year capital improvement program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, that the request by Darshan Singh for a deferral of project related development impact fees in the sum of $127,494.00 under section 8.56.080 of the Tulare Municipal Code is approved.

10.6 Consent Page 3 ATTACHMENT 1
Resolution 2024-XX

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 6th day of August 2024.

Terry A. Sayre, President of the Council
and Ex-Officio Mayor
ATTEST:

Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk

10.6 Consent Page 4

10.6 Consent Page 5 ATTACHMENT 2

10.6 Consent Page 6

10.6 Consent Page 7

10.6 Consent Page 8

10.6 Consent Page 9

10.6 Consent Page 10
Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Materials Testing Consultant Contract Amendment – Project PK0033

RECOMMENDED ACTION
Authorize the City Manager or designee to sign a contract amendment for $14,005 with Krazan & Associates of Fresno, CA, for additional materials testing services related to City Project PK0033 – Zumwalt Park Renovation.

SUMMARY
On September 9, 2023, City Council approved a contract with Krazan & Associates in the amount of $29,765 for material testing services for the redevelopment of Zumwalt Park.

Krazan & Associates of Fresno, CA, is included on the list of pre-qualified consultants, and their proposal demonstrates that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the design of this project.

The City anticipated that Krazan & Associates' original proposal amount would be sufficient to complete the project. However, due to this project's unique and intricate design, it has been necessary for Krazan & Associates to undertake a greater number of site visits than expected to ensure that project design requirements are being met. As a result, the original contract budget has been exhausted. Krazan & Associates has evaluated the remaining work and has proposed a contract amendment in the amount of $14,005 to complete the materials testing required for the project. Since the proposal is billed on a time and materials basis, actual costs may end up being less than the full amount authorized by the proposed addendum. Project Management has reviewed the proposed addendum and has determined that the costs contained therein are reasonable and consistent with current industry fees charged for the services to be provided.

FISCAL IMPACT & FUNDING SOURCE(S)
PK0033-050-0999 – Project Construction Contingency

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes - Staff would work to incorporate any changes or recommendations directed by Council.

2. Deny - Should Council deny the request to amend the on-call design contract with Krazan & Associates, the City will be unable to complete the materials testing necessary to verify that the contractor is meeting the required design requirements.

3. Table - Postponing the amendment to the contract with Krazan & Associates would delay the project delivery schedule.

Item #: 10.7
Consent

10.7 Consent Page 1

ATTACHMENTS

1. Krazan & Associates amendment proposal
Reviewed/Approved: JM

10.7 Consent Page 2

10.7 Consent Page 3 ATTACHMENT 1
gE...;IKrazau & ASSOCIATES. INC .

GEOTECHNICAL ENGINEERING • ENVIRONMENTAL ENGINEERING

CONSTRUCTION TESTING & INSPECTION
Krazan Quality Assurance Testing Estimate
City of Tulare, Zumwalt Park KA Proposal No. T23503CAF
Revised 7-26-24

I QUALITY ASSURANCE TESTING & INSPECTIONS

TESTING & INSPECTION
No. Days No. Units Unit Rate Cost
Building Pad Compaction Testing 0 4 $110.00
Utility Line Trench Backfill Compaction Testing 0 2 $110.00 Utility Line Trench Backfill Compaction Testing (additional) 37 2 $110.00 $4,100.00 Pavement Area Sugrade Soil Compaction Testing 0 2 $110.00 Pavement Area Aggregate Base Compaction Testing 0 2 $110.00 Asphalt Batch Plant Sampling 0 2 $75.00
Asphalt Compaction Testing 0 4 $110.00
Asphalt Compaction Testing (Overtime) 0 4 $165.00
Misc. Subgrade Soil Compaction Testing 0 2 $110.00
Soil/Agg Base Sample Pickup 0 2 $75.00
Soil/ Agg Base/Concrete Sample Pickup (additional) 10 2 $75.00 $1,500.00 Concrete Inspection and Sampling 0 2 $115.00
Concrete Inspection and Sampling (additional) 15 2 $115.00 $3,450.00 Masonry Inspection and Sampling 0 4 $115.00
Epoxy/Achor Bolt Inspection 0 2 $115.00
Welding Inspection Shop (additional) 8 4 $90.00 $2,880.00 Welding / Bolting Inspection Field 0 4 $120.00
Rebar Sample and Tag (additional) 3 4 $75.00 $900.00
Project Management 0 1 $90.00
Report Preparation 0 1 $55.00
Registered Civil Engineer Review 0 1 $125.00
Inspection Labor Subtotal $12,830.00
Laboratory Testing No. Units Unit Rate Cost
Soil Maximum Density Proctor (per material) 0 $200.00
Aggregate Base Maximum Density Proctor (per material) 0 $200.00 Aggregate Base Class 2 Suitability Testing (Gradation, SE, R-value, Durability) (added) 1 $450.00 $450.00 Sand Equivalent (additional) 1 $125.00 $125.00
Asphalt Production Startup Evaluation 0 $2,800.00
Asphalt Oil Content by Ignition Oven 0 $225.00
Asphalt Theoretical Specific Gravity/Air Voids 0 $300.00 Aphalt Hamburg Wheel Tracker 0 $1,500.00
Asphalt Aggregate Gradation 0 $175.00
Asphalt Aggregate Sand Equivalent 0 $75.00
Concrete Compressive Strength (per set of 5) 0 $125.00
Masonry Compressive Strength (per set of 5) 0 $125.00
Rebar Tensile and Bend (per set) (additional) 8 $75.00 $600.00 Laboratorv Subtotal
I
I TOTAL ESTIMATED QUALITY ASSURANCE cosTs:I
Inclusions, Exclusions and Clarifications
• Krazan & Associates charges a two (2.0) hour minimum per site visit per inspector and (1.0) one-hour increments thereafter.

Overtime is billed in one (1.0) hour increments.
• Standard working hours are from 7:00 A.M to 3:30 P.M. Monday through Friday, or as established for the project. Any work performed beyond 8 hours per day and Saturdays will be billed at the hourly overtime rate (1.5 times the hourly rate). Any work performed beyond 12 hours per day or on Sundays will be billed at the hourly double-time rate (2.0 times the hourly rate). • The above prices DO reflect the changes to Section 1720 (ref. SB1999) of the Labor Code requiring inspectors and Land Surveyors be paid general prevailing wage during all phases of construction. This amendment to Section 1720 of the Labor Code (approved 9-28-00) became effective Jan. 2001.
• Additional Services, as requested, will be billed on a time and materials basis in accordance with our yearly Fee Schedule.

KRAZAN and Associates, Inc.
$1,175.00
$14,005.00

10.7 Consent Page 4
Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Public Works - Streets
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Asphalt Contract with Deer Creek

RECOMMENDED ACTION
Award and authorize the City Manager to sign a contract with Jaxon Enterprises, DBA Deer Creek Asphalt (Deer Creek), of Redding, CA in the amount of $68.00/ton for 3/8” Plant Run Cold Mix with Oil, $63/ton for ½” Plant Run Cold Mix with Oil and $61.00/ton for ½” Hot Asphalt Concrete; subject to minor conforming or clarifying changes acceptable to the City Attorney.

SUMMARY
As a part of the City’s Pavement Management Program, the Streets Division annually programs transportation funding for minor street repair projects such as reclamite, fiber seal, chip seal, or overlay project to stabilize and extend the life of city streets. This is a maintenance project that is independent from any of the capital projects currently scheduled and approved and will be funded from the annual Transportation Pavement Management program.

This also locks in the price for material used for pothole patching for one year.

10.8 Consent Page 1
The contracts between the County of Tulare and Deer Creek for the three materials are attached (Attachment B).

FISCAL IMPACT & FUNDING SOURCE(S)
Funding for this work is budgeted annually in the Annual Transportation – Pavement Management project account #ST0006.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If this contract is not approved, staff will have to get separate bids every time they need to purchase cold or hot mix. This will slow down projects and could affect response time to traffic safety concerns.

ATTACHMENTS

1. Proposed list of projects for FY 2024/25

2. Contracts between Deer Creek and the County of Tulare Reviewed/Approved: JM

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Street Work to be done

1. F St: Inyo Ave to Owens Repair & Replace 3" HMA

2. M St: Washington Ave to Lois Ave 2" Mill & Overlay

3. De La Vina: Cartmill Ave & Paseo De Lago Repair & Replace 4" HMA

4. Oaks St: Mitchell Ave to Dickens Ave 2" Mill & Overlay

5. Morrison St: Tulare Ave to Sierra Ave 2" Mill & Overlay

6. H St: Elm Ave to 559 S. H St 2" Mill & Overlay

7. Bardsley Ave EB: Blackstone St to the west #2 Lane Repair & Replace 4" HMA

8. West St: Inyo to 532 S. West St Repair & Replace 4" HMA

9. Paige Ave EB: Blackstone St to 185ft west Rebuild 6" HMA

10. Paige Ave & Blackstone Rebuild 6" HMA

11. Cross Ave: West St to B St 2" Mill & Overlay

12. Prosperity Ave: Lakewood St to Lampe St WB 2" Mill & Overlay

13. Gem St SB: Prosperity Ave to 150 ft south Repair & Replace 3" HMA

14. K St: Rail Xing to Paige Ave 2" Mill & Overlay

15. K St: Bardsley Ave to O'Neal Ave 2" Mill & Overlay
Pending Cape Seal Project

16. N. Helene St: Finch Ave to 637 N Helene. Repair & Replace 3" HMA

17. E. Boyer Dr: 1473 E Boyer to 1547 E Boyer Dr Repair & Replace 3" HMA

18. Champagne St: Bettinelli Ct. to 1174 Champagne Repair & Replace 3" HMA

19. Champagne Ct: Cul de Sac Repair & Replace 3" HMA
* HMA - Hot Mix Asphalt
Proposed Street Paving Projects 2024-2025

10.8 Consent Page 3 ATTACHMENT 1
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL SERVICES AGENCY
Purchasing Division
April 25, 2024
Jaxon Enterprises
Dba Deer Creek Asphalt
1643 Tahoe Court
Redding, CA 96003
Email: [email protected]
SUBJECT: MATERIAL CONTRACT NO. 1958 – 3/8” COLD MIX – NORTH/SOUTH COUNTY

GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 25-001 dated April 4, 2024 for the supplying of 3/8” Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2024 and ending JUNE 30, 2025.

PRICES: The prices as bid are to be the maximum charged for the period of the contract. The Contractor shall immediately notify the County of all manufacturer's price decreases and the County of Tulare shall receive the full benefit of all such decreases, effective on the date of the manufacturer's general public announcement. The attached sheets and enclosures enumerate the prices applicable herein.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
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Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibility of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

The supplier shall be expected to maintain a normal delivery time which is established as being THIRTY (30) CALENDAR DAYS after receipt of order. Deliveries are to be made to the points indicated, as required.

Sufficient notice will be given to the Contractor to effect the required delivery.

QUANTITY & QUALITY OF MATERIALS OR SERVICE: The Contractor shall furnish and deliver the quantities designated by the Purchasing Agent. Packing slips which clearly identify the merchandise and the County of Tulare's Purchase Order number or agreement must accompany every delivery. All materials, supplies or services furnished under an agreement or Purchase Order resulting from this agreement shall be in accordance with the County's specifications. Materials or supplies, which in the opinion of the Purchasing Agent are not in accordance and conformity with such specifications, shall be rejected and promptly removed from the County's premises at the Contractor's expense. A resulting contract does not guarantee a specific amount of business.

INCLUSION IN THE CONTRACT: The County departments and governmental entities listed are those which will participate in the Contract. However, the right is reserved by the Purchasing Agent, at his discretion, to include any other County department and/or Governmental Entity in the Contract at the accepted prices.

RESPONSIBILITY FOR GOVERNMENTAL ENTITIES OTHER THAN THE COUNTY: Those Governmental Entities other than the County and its departments who are listed in the Request-For-Bids or who are subsequently included have signified their intention to participate in the Tulare County Contract. Participation will not impose any responsibility for payment of claims on the Tulare County Board of Supervisors or the County Purchasing Agent. Each such Governmental Entity will be billed separately, and payments will be made by warrants drawn on the appropriate funds for the Governmental Entity.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

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

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

INVOICING: All invoices are to be mailed in duplicate to the various locations designated on the "Invoice Address" on each purchase order. Reference shall be made to the purchase order number. Invoice shall be paid once a month on all deliveries made during the month.

Material Contract
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RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CASH DISCOUNT: In connection with any cash discount specified on this contract, time will be computed from the date of complete delivery of the supplies or equipment as specified, or from date correct invoices are received if the latter date is later than the date of delivery. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the County warrant or check. (It is generally the County's policy to take any and all discounts regardless of date of delivery or invoice.) DEFAULT BY CONTRACTOR: In case of default by the Contractor, the County of Tulare may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the Contractor, the difference between the price named in the contract or Purchase Order and actual cost thereof to the County of Tulare. Prices paid by the County shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

LIABILITIES: The Contractor shall hold the County of Tulare, its officers, agents, and employees harmless from liability of any nature or kind because of the use of any copyrighted composition, secret process, patented or unpatented invention, articles or appliances furnished or used under this bid, and agrees to defend, at Contractor's own expense, any and all actions brought against the County of Tulare or Contractor because of the unauthorized use of such articles.

INDEPENDENT CONTRACTOR STATUS: This Contract is entered into by both parties with the express understanding that CONTRACTOR will perform all services required under this Contract as an independent contractor. Nothing in this Contract shall be construed to constitute the CONTRACTOR or any of its agents, employees or officers as an agent, employee or officer of COUNTY. CONTRACTOR agrees to advise everyone it assigns or hires to perform any duty under this Contract that they are not employees, agents or officers of COUNTY. CONTRACTOR shall be solely responsible for determining the means and methods of performing the specified services and COUNTY shall have no right to control or exercise any supervision over CONTRACTOR as to how the services will be performed. As CONTRACTOR is not COUNTY’S employee, CONTRACTOR is responsible for paying all required state and federal taxes. In particular, COUNTY will not:
a. Withhold FICA (Social Security) from CONTRACTOR’S payments. b. Make state or federal unemployment insurance contributions on CONTRACTOR’S behalf.
c. Withhold state or federal income tax from payments to CONTRACTOR. d. Make disability insurance contributions on behalf of CONTRACTOR. e. Obtain unemployment compensation insurance on behalf of CONTRACTOR.

Notwithstanding this independent contractor relationship, COUNTY, through the Purchasing Agent, shall have the right to designate the sites at which services are to be performed, and to monitor and evaluate the performance of CONTRACTOR to assure compliance with this Contract.

Material Contract
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INDEMNIFICATION: CONTRACTOR shall hold harmless, defend and indemnify the COUNTY, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to any property, including COUNTY property arising out of the acts or omissions of CONTRACTOR or its agents, officers and employees under this Contract.

This indemnification specifically includes any claims that may be made against COUNTY by any taxing authority asserting that an employer-employee relationship exists by reason of this Contract, the cost of any penalty or sanction imposed by any agency with regulatory authority over the activities carried out by CONTRACTOR, and any claims made against COUNTY alleging civil rights violations by CONTRACTOR under Government Code sections 12920 et Seq. (California Fair Employment and Housing Act).

CONTRACTOR specifically agrees to hold harmless and indemnify COUNTY for any and all claims arising out of any injury, disability, or death of CONTRACTORS employees or agents. This indemnification obligation shall continue beyond the term of this Contract as to any acts or omissions occurring under this Contract or any extension of this Contract.

It is the policy of the County of Tulare Board of Supervisors that in connection with all work performed under a purchase order or agreement with Tulare County, there shall be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, sex, or religious creed, and therefore, the Contractor agrees to comply with applicable Federal and California laws regarding employment practices. In addition, the Contractor agrees to require like compliance by all sub-contractors employed on the work by Contractor.

The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

NON-FUNDING CLAUSE: Funds provided for commodities or service under the terms of this contract are contingent on availability of public funds. Should sufficient funds not be allocated during those terms, this contract may be modified or terminated at any time by the County upon thirty (30) day notice. Notice shall be fully given in writing or through service in person or by first class mail.

TERMINATION OF CONTRACT: The County of Tulare may by giving ten (10) days written notice to the Contractor, terminate the contract prior to its expiration for due cause. Due cause for termination of contract shall be, but not limited to, failure to deliver in quantities required within a reasonable time period, failure of the product to meet specifications, and/or for reasons of unsatisfactory service.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

GOVERNING LAW: This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. The parties agree that this contract is made in and shall be performed in Tulare County California.

Material Contract
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HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

COMPLIANCE WITH LAW: CONTRACTOR shall provide services in accordance with applicable Federal, State, and local laws, regulations and directives. With respect to CONTRACTOR'S employees, CONTRACTOR shall comply with all laws and regulations pertaining to wages and hours, state and federal income tax, unemployment insurance, Social Security, disability insurance, workers' compensation insurance, and discrimination in employment.

CONFLICT OF INTEREST:
(a) CONTRACTOR agrees to, at all times during the performance of this Agreement, comply with the law of the State of California regarding conflicts of interests and appearance of conflicts of interests, including, but not limited to Government Code Section 1090 et seq., and the Political Reform Act, Government Code Section 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission. The statutes, regulations and laws previously referenced include, but are not limited to, prohibitions against any public officer or employee, including CONTRACTOR for this purpose, from making any decision on behalf of COUNTY in which such officer, employee or consultant/contractor has a direct or indirect financial interest. A violation can occur if the public officer, employee or consultant/contractor participates in or influences any COUNTY decision which has the potential to confer any pecuniary benefit on CONTRACTOR or any business firm in which CONTRACTOR has an interest, with certain narrow exceptions.
(b) CONTRACTOR agrees that if any facts come to its attention which raise any questions as to the applicability of conflicts of interests laws, it will immediately inform the COUNTY designated representative and provide all information needed for resolution of this question.

FORM DE-542: CONTRACTOR acknowledges that this Agreement is subject to filing obligations pursuant to Unemployment Insurance Code Section 1088.8. Accordingly, COUNTY has an obligation to file a report with the Employment Development Department, which report will include the CONTRACTOR’s full name, social security number, address, the date this contract was executed, the total amount of the contract, the contract’s expiration date or whether it is ongoing. CONTRACTOR agrees to cooperate with COUNTY to make such information available and to complete Form DE- 542. Failure to provide the required information may, at COUNTY’s option, prevent approval of this Agreement, or be grounds for termination by COUNTY.

CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY: This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.

CONSTRUCTION: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.

Material Contract
Page Five

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ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided in this Agreement, COUNTY is relying on the personal skill, expertise, training and experience of CONTRACTOR and CONTRACTOR'S employees and no part of this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of COUNTY.

WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.

ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between CONTRACTOR and COUNTY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties.

EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

NO THIRD-PARTY BENEFICIARIES INTENDED: Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________

[Pursuant to Corporations Code section 313, County policy requires that contracts with a Corporation be signed by both (1) the chairman of the Board of Directors, the president or any vice-president (or another officer having general, operational responsibilities), and (2) the secretary, any assistant secretary, the chief financial officer, or any assistant treasurer (or another officer having recordkeeping or financial responsibilities), unless the contract is accompanied by a certified copy of a resolution of the corporation’s Board of Directors authorizing the execution of the contract. Similarly, pursuant to California Corporations Code section 17703.01, County policy requires that contracts with a Limited Liability Company be signed by at least two managers, unless the contract is accompanied by a certified copy of the articles of organization stating that the LLC is managed by only one manager.]
Material Contract
Page Six

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CONTRACT NO.: 1958
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
Or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 3/8” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2025
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

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CONTRACT NO.: 1958

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 3/8” COLD MIX – NORTH/SOUTH COUNTY TON $68.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

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

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

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 3/8" PLANT RUN COLD MIX with OIL: $ 68.00 PER TON

Plant Run Cold Mix – 3/8” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 4,000 Tons total estimated quantity for North County/South County through June 30, 2025.

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

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

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

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

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Certificate Of Completion
Envelope Id: 3EB496B8B0C34C6984225B8D84194BE6 Status: Completed Subject: 3/8" Cold Mix Material - North/South County
Source Envelope:

Document Pages: 38 Signatures: 2 Envelope Originator:

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

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 54.211.82.250
Record Tracking
Status: Original
4/26/2024 9:28:49 AM
Holder: Elaine Anderson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
W Jaxon Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 128.92.11.138
Signed using mobile
Sent: 4/26/2024 9:30:07 AM
Viewed: 4/26/2024 9:34:55 AM
Signed: 4/26/2024 9:35:20 AM
Electronic Record and Signature Disclosure:

Accepted: 4/26/2024 9:34:55 AM
ID: fa4b0db0-0cd8-4691-a626-973545b5935f
Cher Castellini
[email protected]
Purchasing Manager
County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 4/26/2024 9:35:22 AM
Viewed: 4/26/2024 10:32:36 AM
Signed: 4/26/2024 10:32:53 AM
Electronic Record and Signature Disclosure:

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

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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/26/2024 9:30:08 AM
Certified Delivered Security Checked 4/26/2024 10:32:36 AM Signing Complete Security Checked 4/26/2024 10:32:53 AM Completed Security Checked 4/26/2024 10:32:53 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

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

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

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PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 25-001 dated April 4, 2024, for the supplying of 1/2” Cold Mix-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2024 and ending JUNE 30, 2025.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One

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Sufficient notice will be given to the Contractor to effect the required delivery.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

Material Contract
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RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

Material Contract
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The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

Material Contract
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HEADINGS: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

Material Contract
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EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________

10.8 Consent Page 52

CONTRACT NO.: 1954
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” COLD MIX MATERIAL – NORTH/SOUTH COUNTY
COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2025
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

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CONTRACT NO.: 1954

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2” COLD MIX – NORTH/SOUTH COUNTY TON $63.00

SPECIFICATIONS
DELIVERIES: Deliveries are to be made at the vendor’s plant and/or storage location as required.

Approximately two hundred (200) tons to two thousand (2,000) tons per day. County representative will give 48 hours notice of delivery date.

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

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" PLANT RUN COLD MIX with OIL: $ 63.00 PER TON

Plant Run Cold Mix – 1/2” mix as per CalTrans Specs. Section #39 or as requested by County representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #93 in conformance with the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by County representative. 14,000 Tons total estimated quantity for North County/South County through June 30, 2025.

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

The amount of liquid asphalt added to produce Plant Run Cold Mix shall be determined by the Engineer.

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

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

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EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

GENERAL
Summary
This section applies to asphalt contained in materials for pavement structural sections and pavement surface treatments such as hot mix asphalt (HMA), plant run cold mix(PRCM), tack coat, asphaltic emulsions, bituminous seals, asphalt binders, and modified asphalt binders placed in the work.

The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the material is placed is more than 5 percent higher or lower than the price index at the time of contract.

The California Statewide Crude Oil Price Index is determined each month on or about the last business day of the month by the Department using the average of the posted prices in effect for the previous month as posted by Chevron, ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.

If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the County deducts the amount from the monthly progress payment.

ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.

Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:

Qh = HMATT x [Xa/(100 + Xa)]
where:

Qh = quantity in tons of asphalt used in HMA or PRCM
HMATT= HMA or PRCM total tons placed
Xa= theoretical asphalt content from job mix formula expressed as percentage of the weight of dry aggregate
Material Contract

Page 1 ends

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Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:

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

Xaa=Xta-[(100-Xnew) x (Xra/100)]
and
Qrap = quantity in tons of asphalt used in HMA containing RAP HMATT = HMA total tons placed
Xaa = asphalt content of HMA adjusted to account for the asphalt content in RAP expressed as percentage of the weight of dry aggregate Xta = total asphalt content of HMA expressed as percentage of the weight of dry aggregate
Xnew= theoretical percentage of new aggregate in the HMA containing RAP determined from RAP percentage in the job mix formula
Xra = asphalt content of RAP expressed as percentage
Asphaltic Emulsion
The Engineer calculates the quantity of asphalt in asphaltic emulsions, including fog seals and tack coat, using the following formula:

Qe =AETT x (Xe I 100)
where:

Qe = quantity in tons of asphalt used in asphaltic emulsions AETT = undiluted asphaltic emulsions total tons placed
Xe = minimum percent residue specified in Section 94, "Asphaltic Emulsions." of the Standard Specifications based on the type of emulsion used Other Materials
For other materials containing asphalt not covered above, the Engineer determines the quantity of asphalt (Qo).

Material Contract

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

The Engineer calculates each payment adjustment as follows:

PA = Qt x A
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:

A = [(Iu /Ib) - 1 .05] x lb x [1 + (T / 100)] for an increase in the crude oil price index exceeding 5 percent
A = [(lu /lb) - 0.95] x Ib x [1 + (T / 100)] for a decrease in the crude oil price index exceeding 5 percent
For metric projects, use:

A = 1.1023 x [(Iu /Ib)- 1.05] x lb x [1 + (T I 100)] for an increase in the crude oil price index exceeding 5 percent
A = 1.1023 x [(lu /lb)- 0.95] x lb x [1 + (T I 100)] for a decrease in the crude oil price index exceeding 5 percent
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to adjustment was placed in the work.

Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the payment adjustment calculations until the tax rate information is submitted.

Material Contract

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Certificate Of Completion
Envelope Id: 10BED03962EC4E188338ADDCB5E994EA Status: Completed . &#!-
1

0

Source Envelope:

Document Pages: 41 Signatures: 2 Envelope Originator:

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

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 54.211.82.250
Record Tracking
Status: Original
4/26/2024 8:51:36 AM
Holder: Elaine Anderson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
W Jaxon Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 128.92.11.138
Signed using mobile
Sent: 4/26/2024 8:54:40 AM
Viewed: 4/26/2024 9:28:55 AM
Signed: 4/26/2024 9:29:23 AM
Electronic Record and Signature Disclosure:

Accepted: 4/26/2024 9:28:55 AM
ID: a12e0caf-1db8-423a-b4e0-78715343ff8c
Cher Castellini
[email protected]
Purchasing Manager
County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 4/26/2024 9:29:25 AM
Viewed: 4/26/2024 10:33:19 AM
Signed: 4/26/2024 10:33:34 AM
Electronic Record and Signature Disclosure:

10.8 Consent Page 88
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/26/2024 8:54:40 AM
Certified Delivered Security Checked 4/26/2024 10:33:19 AM Signing Complete Security Checked 4/26/2024 10:33:34 AM Completed Security Checked 4/26/2024 10:33:34 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

10.8 Consent Page 89

All notices and disclosures will be sent to you electronically (#!-+*)%!#!*+")"%$)-.+#%,!(*,.+#!+#-#"*)

+-%#,$+##"-*

/*)
'#+

10.8 Consent Page 90
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO County of Tulare:

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

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

10.8 Consent Page 91
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

10.8 Consent Page 92
PHONE (559) 205-1100 FAX (559) 687-6939 WEB WWW.TULARECOUNTY.CA.GOV/GENERALSERVICES ADDRESS 2637 W. BURREL AVE., SUITE 200, VISALIA, CA 93291

COUNTY OF TULARE

GENERAL: This is to notify you that the Tulare County Purchasing Agent is accepting your Bid No. 25-001 dated April 4, 2024 for the supplying of 1/2” Hot Asphalt Concrete-North/South County to the County of Tulare as indicated on the attached sheets. The above contract number has been issued and the contract will be effective, subject to the terms and conditions of the bid and to the provisions as incorporated herein through the period beginning July 1, 2024 and ending JUNE 30, 2025.

Prices are F.O.B. Destination to various County Departments or Governmental Entities.

Federal Excise Tax Exempt.

State Sales Tax to be added.

Cash discount terms: NET 1% 30 DAYS
ATTACHED SHEETS: The attached sheets and enclosures are herewith made a part of this contract.

USAGE: Usage of materials will be interspersed and periodic during the contract year, and as such will not be subject to shipment of the total estimated requirements at any one time.

DELIVERIES: Deliveries are to be made to the using department or agency by common transportation carrier, by the Contractor's own equipment, or by other means so as to effect prompt delivery.

Material Contract
Page One

10.8 Consent Page 93

Due care shall be exercised in packing, handling and shipping to assure arrival of the material at its final destination in excellent condition. Any damage, loss, breakage, deterioration or other reason causing material not to arrive, or to arrive in other than excellent condition, shall be the responsibil¬ity of the Contractor. Frequency of delivery will be determined by the needs of the using department or agency and will be interspersed throughout the contract year.

Sufficient notice will be given to the Contractor to effect the required delivery.

CONTRACT EXCLUSIVE: The provisions of the contract shall in no way prohibit the County from making incidental purchases from another suppliers for the same commodities as herein listed.

MERCHANDISE RETURNABLE FOR FULL CREDIT: Contractor agrees to give full credit for any merchandise sold by him on contract, if returned in good condition by the County.

PURCHASE ORDERS: Purchase Orders will be issued throughout the contract year to the Contractor for the requirements as needed for the department or agency.

Material Contract
Page Two

10.8 Consent Page 94

RIGHT TO AUDIT: The County of Tulare reserves the right to verify, by examination of Contractor's records, all invoiced amounts when firm prices are not set forth in the purchase agreement.

CONTRACTOR ASSISTANCE: Contractor shall furnish, at no cost to the County, a representative to assist County departments in determining their product requirements.

Material Contract
Page Three

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The foregoing obligations will continue beyond the term of the contract as to any act or omission that occurred during the term of the contract or any extension to the contract.

RENEWAL: The Contract may be renewed, by mutual written consent, for an additional TWO (2) ONE (1) year terms provided the prices, terms, and conditions remain the same.

The County may, upon giving thirty (30) days written notice to the Contractor, terminate the contract, with or without cause.

Material Contract
Page Four

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

Material Contract
Page Five

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EXHIBITS AND RECITALS: The recitals and the exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

OTHER PROVISIONS:

ACCEPTED: COUNTY OF TULARE

Date By________________________________
Purchasing Agent

ACCEPTED: JAXON ENTERPRISES DBA DEER CREEK ASPHALT
Date By_________________________________
Title________________________________

10.8 Consent Page 98

CONTRACT NO.: 1956
VENDOR NO.: 1241600 BID/PROPOSAL NO.: 25-001
VENDOR NAME: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
PHONE: (530) 241-2112
Or (661) 372-2228
FAX: (530) 243-0787
STREET ADDRESS: 1643 TAHOE COURT VENDOR CONTACT NAME:

Patty Baker
CITY STATE ZIP CODE: REDDING, CA 96003 E-MAIL:
[email protected]
ORDER FROM: JAXON ENTERPRISES

DBA DEER CREEK ASPHALT
STREET ADDRESS: 1643 TAHOE COURT
CITY STATE ZIP CODE: REDDING, CA 96003
REMIT TO: JAXON ENTERPRISES
STREET ADDRESS: PO BOX 994248
CITY STATE ZIP CODE: REDDING, CA 96099-4248
SUBJECT: 1/2” HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY COMMODITY CODE: 74514
CONTRACT PERIOD: JULY 1, 2024 THROUGH JUNE 30, 2025
PAYMENT TERMS: NET 1% 30 DAYS
SALES TAX: IN ADDITION TO PRICES SHOWN WHEN APPLICABLE
DELIVERY: F.O.B. PLANT LOCATION
MINIMUM ORDER: NONE
MERCHANDISE RETURNS: FULL CREDIT TO THE COUNTY FOR ANY MERCHANDISE RETURNED IN UNOPENED CONDITION.

PRICES: SEE EXHIBIT B – COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTIONS APPLY TO THIS CONTRACT. FIRM FOR THE CONTRACT PERIOD Material Contract

Page 1 ends

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CONTRACT NO.: 1956

SUPPLIER
PART
NUMBER

EXTENDED DESCRIPTION UNIT OF MEASURE LIST PRICE
001 1/2" HOT ASPHALT CONCRETE – NORTH/SOUTH COUNTY TON $61.00

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

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

NOTE: For the purpose of this Request for Bid, TON is determined to be 2,000 pounds avoirdupois. 1/2" HOT ASPHALT CONCRETE: $ 61.00 PER TON

Asphalt Concrete shall be Type B, ½” maximum and shall conform to the provisions in Section 39, “Asphalt Concrete”, of the latest editions and amendments of the Standard Specifications of the State of California, Department of Transportation, Division of CalTrans or as requested by County representative. Oil shall be: Asphalt Binder Oil PG 64-10.
6,000 Tons total estimated quantity for North County/South County through June 30, 2025.

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

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

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

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

Page 1 ends

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EXHIBIT B
5-l. PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS

If a company discontinues posting its prices for a field, Caltrans determines the index from the remaining posted prices. Caltrans may include additional fields to determine the index.

ASPHALT QUANTITIES
General
Interpret the term “ton" as "tonne" for projects using metric units.

Hot Mix Asphalt/Plant Run Cold Mix
The Engineer calculates the quantity of asphalt in HMA or PRCM using the following formula:

Qh = HMATT x [Xa/(100 + Xa)]
where:

Page 1 ends

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Hot Mix Asphalt Containing Reclaimed Asphalt Pavement (RAP) The Engineer calculates the quantity of asphalt in HMA containing RAP using the following formulas:

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

Qe =AETT x (Xe I 100)
where:

Material Contract

Page 1 ends

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The Engineer calculates each payment adjustment as follows:

PA = Qt x A
where:

PA =Payment adjustment in dollars for asphalt contained in materials placed in the work for a given month.

Qt = Sum of all quantities of asphalt-contained materials in pavement structural sections and pavement surface treatments placed (Qh + Qrh + Qmh + Qrap + Qtc + Qe + Qss + Qmab + Qo).

A =Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the nearest $0.01.

For US Customary projects, use:

Material Contract

Page 1 ends

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Certificate Of Completion
Envelope Id: FBB1C9BBDF8F4750B872B78409707A14 Status: Completed -%" ,
0

/

Source Envelope:

Document Pages: 41 Signatures: 2 Envelope Originator:

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

Suite 200
Visalia, CA 93291
[email protected]
IP Address: 54.211.82.250
Record Tracking
Status: Original
4/25/2024 5:27:56 PM
Holder: Elaine Anderson
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO County of Tulare Location: DocuSign Signer Events Signature Timestamp
W Jaxon Baker
[email protected]
Pres
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 68.189.45.56
Sent: 4/25/2024 5:31:26 PM
Viewed: 4/25/2024 5:32:31 PM
Signed: 4/25/2024 5:32:48 PM
Electronic Record and Signature Disclosure:

Accepted: 4/25/2024 5:32:31 PM
ID: d453b342-05ac-458b-a7af-6ee00cc52536
Cher Castellini
[email protected]
Purchasing Manager
County of Tulare
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.189.152.6
Sent: 4/25/2024 5:32:50 PM
Viewed: 4/26/2024 8:15:50 AM
Signed: 4/26/2024 8:17:58 AM
Electronic Record and Signature Disclosure:

10.8 Consent Page 134
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/25/2024 5:31:26 PM
Certified Delivered Security Checked 4/26/2024 8:15:50 AM Signing Complete Security Checked 4/26/2024 8:17:58 AM
Completed Security Checked 4/26/2024 8:17:58 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

10.8 Consent Page 135

All notices and disclosures will be sent to you electronically '" ,*)($ " )*!
(!$#(
,-*"$+ ')+-*" *"
,"!)(

*,$"+
#*""!,)

.)(

&"*

10.8 Consent Page 136
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO County of Tulare:

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

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

10.8 Consent Page 137
i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

10.8 Consent Page 138
Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Public Works - Fleet Maintenance
Submitted by: Trisha Whitfield, Public Works Director
Agenda Title: Purchase of Trucks for the Police Department and Facilities Division

RECOMMENDED ACTION
Award the purchase of two new/unused Chevrolet trucks to National Auto Fleet Group, of Watsonville, CA using Sourcewell Contract No. 091521-NAF in the amount of $130,243.55, 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 (2) new/unused Chevrolet trucks from National Auto Fleet Group, of Watsonville, CA in the amount of $130,243.55.

The proposed trucks are replacement units and are as follows:

Replacement
Unit New vehicle Cost Budget
Police – Patrol Unit #355 2024 Chevrolet 2500 $69,357.90 $75,000 Facilities – Unit #439 2023 Chevrolet 1500 $60,885.65 $60,000 For the Police Department, the proposed truck will replace unit #355 which is a 2008 Chevrolet 1500 truck and for Facilities, the proposed truck will replace unit #439 which is a 2001 Ford Ranger. Both units were programmed in the FY 2024/25 budget for replacement.

FISCAL IMPACT & FUNDING SOURCE(S)
Funding for the purchase of the vehicle will come from the Fleet Replacement Funds for Police and Facilities (Fund 604). The requested budget for the Facilities truck was $60,000 and the cost for new, completed truck is $60,885.65. The Facilities Division has just over $115,000 in reserve funds and has agreed to use an additional $886 to cover this purchase.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes
Item #: 10.9
Consent

10.9 Consent Page 1

2. Deny

3. Table
If not approved, Police and Facilities will continue to use their existing units until a new vehicle can be purchased.

ATTACHMENTS

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

10.9 Consent Page 2

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Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Finance
Submitted by: Melanie Gaboardi, Assistant Finance Director Agenda Title: Agreement for Audit Services with Price, Paige & Company

RECOMMENDED ACTION
Approve a one-year agreement with Price, Paige & Company for administration and completion of the fiscal year 2024 Annual Comprehensive Financial Report (ACFR) including the City’s financial statements, single audit, and related activities as outlined in the attached letter.

SUMMARY
On September 5, 2023, City Council approved a one-year contract for audit services to be conducted by Price, Paige & Company for the fiscal year 2023 ACFR. Although it is customary to solicit requests for proposals (RFP) for multi-year engagements of three to five years for these services, this has not been done because of recent staff turnover.

FISCAL IMPACT & FUNDING SOURCES
Funds for this activity were appropriated with the adoption of the FY 2025 budget. 001-4030-2017 Professional & Technical Services; $85,000

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
Delay or denial of this item will have a serious negative impact on the organization’s ability to meet federal and state financial reporting requirements. Late issuance of the ACFR affects the City’s credit rating and its ability to issue debt.

ATTACHMENTS

1. Engagement Letter from Price, Paige & Company dated April 8, 2024 Reviewed/Approved: JM
Item #: 10.10
Consent

10.10 Consent Page 1

10.10 Consent Page 2 ATTACHMENT 1

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Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Property Acquisition from NW Tulare, Inc. for Project EN0088

RECOMMENDED ACTION
Authorize the City Manager to complete and execute, after the close of escrow, the documents necessary to purchase property located as a portion of APN 168-240-069 in the amount of $7,500 for public right-of-way required by CIP Project EN0088 (Prosperity and West Traffic Signal), subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
CIP Project EN0088 addresses pavement and infrastructure improvements along Prosperity Avenue and West Street. This project requires the reconstruction and widening of both Prosperity Avenue and West Street in the immediate vicinity of the intersection to accommodate the installation of a new traffic signal, required lane geometry, and the extension of water, sewer and storm drain utilities. The construction necessitates the acquisition of additional right-of-way from adjacent properties, including the subject property.

The subject parcel is located on the southwest corner of Prosperity Avenue and West Street.

The property owner, NW Tulare, Inc., has been working with the City’s consultant team throughout the appraisal and acquisition process and has agreed to sell the required property for $7,500 in accordance with the terms previously authorized by the City Council. The property has minor improvements on the portion being acquired. This property acquisition encompasses 230 square feet and includes a 202 square foot temporary construction easement.

FISCAL IMPACT & FUNDING SOURCE(S)
EN0088-030-0230

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes – This could delay the acquisition of the property, which in turn may delay the start of construction.

2. Deny – Denying the property acquisition would result in the City being unable to complete the proposed project.

3. Table – Postponement would delay the acquisition of said property, resulting in delays to the start of construction.

Item #: 10.11
Consent

10.11 Consent Page 1

ATTACHMENTS

1. Real Property Purchase and Sale Agreement
Reviewed/Approved: JM

10.11 Consent Page 2

10.11 Consent Page 3 ATTACHMENT 1

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Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Grant of Easement from Tulare Community Church

RECOMMENDED ACTION
Accept a grant of easement for water line purposes and a grant of easement for a temporary construction easement from Tulare Community Church; and authorize the City Manager or his designee to sign certificates of acceptance for the same.

SUMMARY
City CIP Project WT0055 – “Hwy 99 Water Crossing N/o Prosperity” will construct a new water main connection across Highway 99 between Gem Street and the future alignment of Corvina Avenue west of Retherford Street. The need for such a connection is identified in the City’s Water Master Plan to create a looped water system serving the area. Having a looped water system provides redundancy in the system to better secure distribution of water supply, improves pressure in the system, and allows for ease of maintenance should it be necessary to shut down a portion of the system for repairs.

Copies of the grants of easement and certificates of acceptance are attached.

FISCAL IMPACT & FUNDING SOURCE(S)
There are no costs associated with the recommended action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes – Staff would work to incorporate any requested changes.

2. Deny – Denial to accept the subject easements would result in staff being able to move forward with construction of Project WT0055.

3. Table – Tabling the item would delay construction of Project WT0055, and could adversely impact the property owner’s ability to proceed with planned development of their property in the vicinity of the project limits.

ATTACHMENTS

1. Grant of Easement for water main purposes
Item #: 10.12
Consent

10.12 Consent Page 1

2. Grant of Easement for temporary construction easement

3. Certificates of Acceptance (2)
Reviewed/Approved: JM

10.12 Consent Page 2
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, CA93274-4257

MAIL TAX STATEMENTS TO PARTY LISTED ABOVE
PURSUANT TO GOVERNMENT CODE SECTION 6I03,
NO RECORDING FEE REQUIRED. SPACE ABOVE FOR RECORDER'S USE Grant of Easement

THE LTNDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFERTAX IS $ NONE
X City of Tulare Parcel No.
! Computed on full value of interest or property conveyed, or f] Computed on full value less value liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
Tular e C ommunitv C h urch ("Grantor")
Hereby GRANT(S) to the City of Tulare, a Municipal Corporation ("Grantee"), an easement for Temporary Construction Easement. purposes over the real property in the City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTACHED EXHIBIT 'C' FOR LEGAL DESCRIPTION AND EXHIBIT 'D' FOR PLAT' Date: ?o L
Corr- \fN cthrcaf{
Title: A rn r\lr{ '.,tt*
A Notary Public or other officer completing this certificate verifies only the identity of the individual to which this certificate is attached, and not the truthfulness, accuracy. or validitv of that document. who signed the document
By:

Name
State of California
County of Tulare ) S.S
On
)
before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/trer/their signature(s) onfhe instrument the p".ton1r;, or the entity upon behalf of which the person(s) acted, executed the instrument' I certify under PENALTY OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct. 14ffi4; MELTSSAHERftaNN 6ffiq *"T,i:li'l;ffJi""''
RWW Commission * z:5lrsr
'< r/ ir,ty Comm, Expires Apr 23,2025
Signature ofN lc
(Seal)

10.12 Consent Page 3 ATTACHMENT 1

EXHIBIT C
Temporary Construction Easement
Legal Description
That strip of land, 7.00 feet in width, being a portion of that p_arcel described in the Grant Deed recorded October 3,1973 in Volume 3l34,Page 99, Official Records of Tulare county, lying within the Northwest quarter of the Southeast quarter of Section 35, fo*nrtrip liSouth, Range 24East,Mount Diablo Base and Meridian, in the City of Tulare, iounty of TularelState of California, the northerly line of said strip lying 10.00 feet southerly of and parallel with the following described line:

COMMENCING for reference at the intersection of the West line of said Northwest quarter with the centerline of Washington Avenue; thence South 0"20'45- East, along said West line,26'90 feet; thence North g9"3g'15" East, 25.00 feet to a point on the East right-of-way line of Gem Street, and the TRUE POINT OF BEGINNING;thence
North 89o38' 15" East, 41.50 feet; thence
North 5g"Zl,13" East, 29.27 feet,more or less, to a point on the Westerly right-of-way line of State Highway 99, and the TERMINUS of said line' The side lines of said strip are to be lengthened or shortened to intersect and to terminate on said East right-of-way line of Gem Street and said Westerly right-of-way line of State Highway 99.

Containing an area of approximately 546 square feet'
APN 166-020-001 (Portion)

END OF DESCRIPTION
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10.12 Consent Page 5
RECORDING REQUESTED BY:

CITY OF TULARE
AND WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
4l I East Kern Avenue
Tulare, CA93274-4257

IVIAIL TAX STATENIENTS TO PARTY LISTED ABOVE
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED. SPACE ABOVE FOR RECORDER'S USE Grant of Easement

THE LINDERSIGNED GRANTOR(S) DECLARE(S)
DOCUMENTARY TRANSFER TAX IS $ NONE
X City of Tulare Parcel No.:
! Computed on full value of interest or property conveyed, or ! Computed on full value less value liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, represents that, as the owner(s) of herein described real property,
Tu lare Communitv C hu rc h ("Grantor")
Hereby GRANT(S) to the city of Tulare, a Municipal corporation ("Grantee"), an easement for water Lines-purposes over the real pioperty in ttre City of Tulare, County of Tulare, State of California, described as follows:

SEE ATTACHED EXHTBIT 'A' FOR LEGAL DESCRIPTION AND EXHIBIT OBO FOR PLAT.

Date: 117o l2.l
Grantor:

By:

Name:
c tvo f<*k
v s Title O TFbF of cB rvr,n$err\.? r-f f FA Notary Public or other officer completing to which this certificate is attached' and not
this certificate verifies only the identity of the individual who signed the document the truthfulness, accuracY, or validitv of that document.

State of California
County of Tulare
)
) S.S.

On N.* nf\\Hr-=
Notary Public, personally aPPeared
ffi€, {euwho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) onihe instrument the p..ron1r;, or the entity upon behalf of which the person(s) acted, executed the insffument' I certiff under PENALTY OF PERruRY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct' ,ffi\ n.#lll',T,'llHlil,'. Fffi9 ,,#f,i:,'T'i,9,,u, \Wuy comm. txptres Apr 23, zo25 (Seal)
S of Notary Public
seal.

10.12 Consent Page 6 ATTACHMENT 2

EXHIBIT A
Water Line Easement
Legal Description
That strip of land, 20.00 feet in width, being a portion of that parcel described in the Grant Died recorded october 3, 1973 in Volume 3l34,Page 99, Official Records of Tulare County, lying within the Northwest quarter of the Southeast quarter of Section 35, Township t q-South, n ange 24 East, Mount Diablo Base and Meridian, in the City of Tulare, iounty of Tulare, State of California, the centerline of said strip being described as follows:

COMMENCING for reference at the intersection of the West line of said Northwest quarter with the centerline of Washington Avenue; thence South 0o20'45- East, along said West line,26'90 feet; thence North 89"38'15" East, 25.00 feet to a point on the East right-of-way line of Gem Street, and the TRUE POINT OF BEGINNING; thence
North 89o38'15" East, 41.50 feet; thence
North Sg"2l' 13" East, 29.27 feet, more or less, to a point on the Westerly right-of-way line of State Highway 99, and the TERMINUS of said strip.

The side lines of said strip are to be lengthened or shortened to intersect and to terminate on said East right-of-way line of Gem Street and said Westerly right-of-way line of State Highway 99.

Containing atrareaof approximately 1,415 square feet'
APN. 1 66-020-001 (portion)

END OF DESCRIPTION
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SCALE IN FEET
0 50 100 200
An Employee Ownad company
sHEET 1 or 1

10.12 Consent Page 8

OFFICE OF THE CITY CLERK

CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Grant of Easement dated July 30, 2024, from Tulare Community Church, to the City of Tulare, Municipal Corporation of the State of California, was duly accepted by the City Council of the City of Tulare on August 6, 2024, and by the same order of the City Council of the City of Tulare, the City Manager was authorized to execute this Certificate of Acceptance to be recorded with the Grant of Easement.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Chief Deputy City Clerk

10.12 Consent Page 9 ATTACHMENT 3
Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Agreement for Budgeting and Other Finance-Related Services

RECOMMENDED ACTION
Approve and authorize the City Manager to execute a professional services agreement with McCann Consulting for budgeting and other finance-related services for the period of August 7, 2024, through September 30, 2024.

SUMMARY
The City acquired the services of a consultant, McCann Consulting, to assist with development of the City’s fiscal year 2025 budget. Due to the time constraints resulting from staff turnover in the Department of Finance and the limited number of consultants available to provide the services at a rate City staff considered reasonable, the initial agreement with the consultant was approved by the City Manager with the expectation staff would bring forward an additional agreement to receive the remaining services necessary for which costs would exceed the City Manager’s authority. This item is for the approval of the additional agreement.

FISCAL IMPACT & FUNDING SOURCES
The cost of the amendment to the agreement shall not exceed $20,000. Funds are appropriated and available in the Department of Finance’s Professional and Technical Services account (001-4030-2017) to accommodate the cost of the services.

LEGAL REVIEW
With the exception of the total cost, for which the proposed agreement is lower, and the term, the provisions of the agreement are the same as those of the previous agreement, which the City Attorney approved as to content. And as with the previous agreement, the agreement requires the City Attorney’s approval as to form prior to execution by the City Manager.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If the execution of the proposed agreement is not authorized, production of the City’s fiscal year 2025 budget document and completion of other budget-related tasks may be significantly delayed.

ATTACHMENTS

1. Consulting Services Agreement between the City of Tulare and McCann Consulting Reviewed/Approved: JM
Item #: 10.13
Consent

10.13 Consent Page 1
Consulting Services Agreement – McCann Consulting
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CONSULTING SERVICES AGREEMENT
This CONSULTING SERVICES AGREEMENT (the “Agreement”) is made and entered into as of the seventh day of August 2024, (“Effective Date”), by and between the CITY OF TULARE (the “City”) and McCann Consulting (“Consultant”).

Upon the following terms and conditions of this Agreement, the City desires to retain Consultant to perform the following:

1. PROFESSIONAL SERVICES.

Consultant will provide budgeting and other finance-related services under the terms and conditions of this Agreement at the direction of the City Manager or his/her Designee. The scope of work to be performed by the Consultant is provided for in Exhibit “A” attached hereto. Services by the Consultant will commence on the Effective Date and will terminate as provided for in Section 4 of this Agreement.

2. INVOICING AND PAYMENT.

As sole compensation for the performance of the services, the City will pay Consultant a consulting rate of one hundred twenty-five dollars per hour for a total amount not to exceed of twentyfive thousand dollars. The City shall also reimburse Consultant for travel expenses, to include accommodations and transportation. However, Consultant will, as a convenience to the City and for the City’s consistent image, use City-provided office supplies and equipment to produce documents and may use the City’s computer system (for City business only). Consultant will invoice the City on a monthly basis. The City will pay each such invoice no later than thirty (30) days after its receipt.

Consultant will receive no royalty or other remuneration for the production or distribution of any products developed by the City or by Consultant in connection with or based upon the services.

Consultant will not be entitled to receive any vacation or illness payments, or to participate in any plans, arrangements, insurance, or other similar benefits the City makes or may make available to the City’s employees.

3. OWNERSHIP OF WORK PRODUCT.

Consultant agrees that any and all reports, documents, information, materials, notes, ideas, computer programs, and algorithms created in the performance of the services under this Agreement shall be the sole and exclusive property of the City (the “Work Product”). Consultant further agrees that the City is and shall be vested with all right, title and interest in the Work Product. The provisions of this Section 3 shall survive the termination of this Agreement for any reason.

4. TERM.

This Agreement shall commence on August 7, 2024, and shall terminate on September 30, 2024. However, either party may terminate this Agreement upon fifteen (15) days’ notice to the other party for any reason or no reason. In the event the City terminates this Agreement, Consultant shall cease all work as of the termination date after receiving notice from the City

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Consulting Services Agreement – McCann Consulting
2 of 4
unless otherwise advised by the City and shall invoice the City of all time and costs incurred up to such termination date. If neither party terminates this Agreement, this Agreement shall continue in effect until the time mutually agreed upon by the parties.

5. INDEPENDENT CONTRACTOR.

Consultant is an independent contractor and is not an agent or employee of the City.

Consultant has no authority to bind the City by contract or otherwise. Consultant will perform the professional services under the general direction of the City Manager or his/her Designee, subject to the requirement that Consultant shall at all times comply with applicable law. Consultant shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums (if required), sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by Consultant.

Consultant shall be required to possess, a valid and current City of Tulare Business Tax Certificate.

Consultant represents that he is exempt from Worker’s Compensation coverage under California law.

6. WARRANTY.

Consultant warrants that the services hereunder will be of a professional quality conforming to generally accepted industry standards and practices and that Consultant shall maintain all required licenses and certification necessary for performance of the services under this contract.

7. INDEMNIFICATION.

A. Claims for Professional Liability. Consultant shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the City, its elected and appointed officers, employees, and volunteers harmless from and against any and all claims, liability, loss, damage, costs, or expenses, including reasonable attorneys' fees, awards, fines, or judgments (collectively, “Claims”), arising from or relating to negligent acts, errors, or omissions in the performance of professional services by Consultant, its subconsultants, agents or employees.

Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.

B. Claims for Other Liability. Consultant shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the City, its elected and appointed officers, employees, and volunteers harmless from and against any and all liens and Claims by firms or individuals claiming through Consultant, and all Claims for compensation, the death or bodily injury to persons, injury to property, or other loss, damage, or expense arising from or related to the Services of Consultant , its subcontractors, agents or employees. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.

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Consulting Services Agreement – McCann Consulting
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8. GOVERNING LAW.

This Agreement will be governed by and construed in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws.

9. NOTICE.

All notices, including notices of address changes, required to be sent hereunder shall be in writing and shall be deemed to have been given when mailed to the addresses listed below:
(a) City of Tulare: Attention: Department of Finance, 411 East Kern Ave, Tulare CA 93274
(b) Consultant: Mike McCann, McCann Consulting, 163 Mar Vista Dr., Monterey, CA 93940

10. SEVERABILITY.

In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

11. ASSIGNMENT.

Consultant may not assign Consultant's rights or delegate Consultant's duties under this Agreement without the prior written consent of the City. Any attempted assignment or delegation without such consent will be void.

12. WAIVER.

The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

13. EQUITABLE REMEDIES.

Because the services are personal and unique and because Consultant will have access to the City’s confidential information, the City will have the right to enforce this Agreement and any of its provisions by injunction, specific performance, or other equitable relief without prejudice to any other rights and remedies that the City may have for a breach of this Agreement.

14. ENTIRE AGREEMENT.

This Agreement constitutes the complete agreement between the parties and supersedes all previous agreements or representations, whether written or oral, with respect to the subject matter described herein. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party. It is expressly agreed that any terms and conditions of Consultant's invoices shall be superseded by the terms and conditions of this Agreement.

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Consulting Services Agreement – McCann Consulting
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15. ATTORNEY'S FEES
In the event of any legal action, arbitration, or other proceeding brought to enforce or interpret the terms of this Agreement, or relating to any dispute arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, in addition to any other relief to which that party may be entitled. Such fees shall be determined by the court or arbitrator overseeing the proceeding and shall be paid by the non-prevailing party. The term “prevailing party” shall include, without limitation, a party who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other party of its claim or defense. The attorney's fees award shall not be computed in accordance with any court fee schedule but shall be such as to fully reimburse all attorney's fees reasonably incurred.

16. VENUE
The parties agree that any legal action, arbitration, or proceeding arising out of or related to this Agreement shall be brought exclusively in the courts of Tulare County, California, or, if it has or can acquire jurisdiction, in the United States District Court for the Eastern District of California, or any appropriate California appellate court. Each party consents to the exclusive jurisdiction of such courts and waives any objection to the propriety or convenience of such venues.

IN WITNESS WHEREOF, the parties hereto have executed the CONSULTING SERVICES AGREEMENT as of the date set forth in the first paragraph hereof.

CITY OF TULARE CONSULTANT

City Manager

Approved as to Form:
______________________________

MARIO ZAMORA,
City Attorney

10.13 Consent Page 5
MCCANN CONSULTING Exhibit A

SCOPE OF SERVICES

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The Consultant shall provide budgeting and other finance-related services necessary to assist the City with the development of its fiscal year 2025 annual operating and capital improvement program budgets. These services may include, but are not limited to, assistance with the preparation, calculation, collection, assembly, and/or review of the following documents and information:
 revenue estimates;
 labor costs;
 pension normal and unfunded liability cost calculations;  financial forecasts;
 detail and summary schedules for reporting;
 debt service & lease schedules;
 budgetary/financial staff reports;
 narrative/review of national, State, and local economies.

Services may also include –
□ communicating with City staff regarding the budget process, including providing departments assistance with budget preparation;
□ assistance with reviewing appropriation requests and revenue estimates prepared by departments;
□ assistance with entry/uploading and updating budget information into enterprise resource planning (ERP) system;
□ updating city manager, assistant city manager, chief financial officer, and department heads regarding status of budget development; □ attending meetings as needed;
□ documenting processes, including developing/updating procedural and/or training manuals as needed;
□ assistance with assembling budget document;
□ assistance with submission of budget document to Government Finance Officers Association (GFOA) for award.

Consultant will perform services on-site when necessary and possible. Services may be performed remotely otherwise. City and Consultant will cooperate to establish a schedule for Consultant’s anticipated on-site work.

10.13 Consent Page 6
Staff Report
Meeting: City Council
Date: August 6, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Participation in the Statewide Community Infrastructure Program

RECOMMENDED ACTION
Adopt a resolution containing the necessary findings and authorizations required for the City of Tulare to participate in the Statewide Community Infrastructure Program (“SCIP”).

SUMMARY
This item includes a brief staff presentation regarding the California Statewide Communities Development Authority (“CSCDA”) and participation in the Statewide Community Infrastructure Program (“SCIP”), which is sponsored by CSCDA. A public hearing is required to receive public testimony regarding the City’s proposed participation in the SCIP program, through which bonds could be issued by CSCDA. Following the public hearing and Council discussion, Council is asked to consider a resolution making certain findings and authorizing certain matters necessary for the City of Tulare to participate in SCIP.

CSCDA is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties. 530 cities, counties and special districts throughout California are members of CSCDA, including the City of Tulare. SCIP was instituted by CSCDA in 2002 to allow owners of property in participating cities and counties to finance the development related fees that would be payable by property owners upon receiving development entitlements or building permits through a pooled special assessment districts program. SCIP was expanded to include financing of public capital improvements directly in addition to just fees, and has now been further expanded to include community facilities districts (“CFDs”) and an option to finance public services in respect of stand-alone bond issues, necessary to support development in the City, as provided for in the proposed SCIP resolution. Since its inception SCIP has issued over $1 billion in land secured special assessment and CFD bonds for development projects in California.

If a property owner applies to participate in SCIP, and the City approves the application, the selected public capital improvements, facilities and/or development related fees owed to the City will be financed by the issuance of bonds by CSCDA. Property owners, in consultation with the City and the SCIP team, can opt to have CSCDA form either an assessment district or a community facilities district. CSCDA determines whether the project will be included in the SCIP pool program (where no one developer within the SCIP pool is responsible for the payment related to any other project) or, depending on the projected bond sizing and other factors, implemented as a stand-alone financing. In either case, CSCDA will form the appropriate district and impose an assessment or special tax, as applicable, on the owner’s property to repay the portion of the bonds issued to finance public capital improvements, facilities and/or development related fees.

11.1 Public Hearing Page 1
bond proceeds when the SCIP bonds are issued, or the fees will be funded directly from the proceeds of the SCIP bonds. In both cases, the fees are subject to requisition by the City at any time to make authorized fee expenditures, and the City is never at risk for payment of its fees. If the property owner is required to construct improvements to be dedicated to the City, the proposed SCIP resolution includes a form of acquisition agreement to be used when such improvements are funded with SCIP bond proceeds, which outlines how a developer will be reimbursed for improvements as they are certified complete by the City.

Moreover, because the assessment/special tax financing is at tax-exempt rates, it typically comes at lower cost than mortgage rates.
• Owners of smaller projects, both residential and commercial, can have access to taxexempt financing of infrastructure. Before the inception of SCIP, only projects large enough to justify the formation of an assessment or community facilities district had access to tax-exempt financing. SCIP can finance projects as low as $500,000, which would not be economical on a stand-alone basis.

The benefits of SCIP to the City include:
• As in conventional assessment district and CFD financing, the City is not liable to repay the bonds issued by CSCDA or the assessments or special taxes, as applicable, imposed on the participating properties.
• CSCDA handles all district formation, district administration, bond issuance and bond administration functions. A participating city, county or special district can provide taxexempt financing to property owners through SCIP while committing virtually no staff time to administer the program.
• Providing tax-exempt financing helps participating cities and counties cushion the impact of rising public capital improvements costs and development related fees on new development. Many developers rely on assessment district or CFD financing through SCIP in making the decision to purchase land, thereby improving the City’s competitive advantage in attracting new development.
• The availability of financing will encourage developers to pull permits and pay fees in larger blocks, giving the participating city, county or special district immediate access to revenues for public infrastructure, rather than receiving a trickle of revenues stretched out over time. As part of the entitlement negotiation process, the possibility of taxexempt financing of fees can be used to encourage a developer to pay fees up front.

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• In some cases, the assessments or special taxes on successful projects can be refinanced through refunding bonds. Savings achieved through a refinancing may be directed to lower property taxes subject to applicable federal tax limitations.

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 – Staff will work with CSCDA as needed to verify whether any requested revisions could be made to the draft Resolution in such a way as to remain eligible to participate in SCIP.

2. Deny – The City and property owners would not be able to participate in the SCIP.

3. Table – A few potential developers in the City of Tulare have indicated their interest in utilizing SCIP to assist in the financing of their projects. Tabling the item could affect their ability to move forward with their projects, resulting in lost economic development opportunities for the City.

ATTACHMENTS

1. Resolution
Reviewed/Approved: JM

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RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

AUTHORIZING THE CITY TO JOIN THE STATEWIDE COMMUNITY
INFRASTRUCTURE PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE

COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM

PROPERTY OWNERS, CONDUCT SPECIAL ASSESSMENT PROCEEDINGS AND

LEVY ASSESSMENTS AND SPECIAL TAXES AND TO FORM ASSESSMENT

DISTRICTS AND COMMUNITY FACILITIES DISTRICTS WITHIN THE TERRITORY OF THE CITY OF TULARE; EMBODYING A JOINT COMMUNITY FACILITIES

AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF COMMUNITY FACILITIES DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND AUTHORIZING RELATED

ACTIONS
WHEREAS, the California Statewide Communities Development Authority (the “Authority”) is a joint exercise of powers authority, lawfully formed and operating within the State pursuant to an agreement (the “Joint Powers Agreement”) entered into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code (the “JPA Law”), the members of which include numerous cities, counties and local agencies in the State of California, including the City of Tulare (the “City”); and
WHEREAS, the Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members (such members, the “Program Participants”); and
WHEREAS, as one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program (“SCIP”) to allow the financing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the City or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees, capacity fees and/or other development related charges (the “Fees”) levied in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for the levy of fees on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Improvement Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act”) upon the security of the unpaid special assessments; and

11.1 Public Hearing Page 4 ATTACHMENT 1
Resolution 2024-XX

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Tulare City CouncilAugust 6, 2024

Tulare City Council
August 6, 2024