Agenda packet — Tulare City Council, September 17, 2024 (part 1 of 2)

City of Tulare Page 1 of 4
City of Tulare
City Council
Meeting Agenda
Tulare Public Library & Council Chamber Tuesday, September 17, 2024 491 North M Street, Tulare CA 93274 7:00 p.m. Regular Meeting www.tulare.ca.gov
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, September 17, 2024 City of Tulare Page 2 of 4

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION

3. PROCLAMATIONS & RECOGNITIONS

3.1 Proclamation for Hispanic Heritage Month - September 15-October 15, 2024.

4. 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.

5. 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.

6. COUNCIL REPORTS AND ITEMS OF INTEREST

7. 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.

7.1 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.

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of September 3, 2024. [M. Hermann]

7.3 Axon Enterprise Inc. Contract Renewal.

7.4 Foster Drive Storm Drain and Water Main Preliminary Oversize Agreement.

7.5 Quitclaim Deed for Easement for Sign Access and Electrical Conduit.

Recommended Action: Approve a Quitclaim Deed for an existing easement in favor of the City of Tulare for sign access and electrical conduit recorded on November 9, 1998, Document no. 1998-0083932 of Recorded Document Official County Records in the City of Tulare, County of Tulare, State of California to AgWest Farm Credit, FLCA; and authorize the City Manager to sign the respective Certificate of Conveyance. [M.

Miller]

7.6 Conditional Final Map Acceptance – Fulton Estates Phase 1A.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for Phase 1A of the Fulton Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to November 16, 2024. [M.

Miller]

7.7 Surplus Vehicles.

Recommended Action: Adopt a resolution authorizing the surplus of City vehicles. [M.

Reed]

7.8 2024/2025 K/T AAA Agreements.

7.9 Contract Amendment for PK0033 Zumwalt Park Project.

8. 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.

8.1 Fiscal Year 2023 Annual Comprehensive Financial Report.

Recommended Action: Review and accept the Annual Comprehensive Financial Report for Fiscal Year 2023. [M. Roberts]

8.2 GIS Presentation.

Recommended Action: Receive a presentation on the status of the Geographic Information System (GIS) for the City of Tulare. [J. Bowling]

8.3 Award of Construction Contracts for Project FM0048 Homeless Shelter.

Recommended Action: [M. Miller] Award and authorize the City Manager to sign contracts related to construction of City Project FM0048 Homeless Shelter; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.

Task Description Contractor Amount
Construction Contractor Superior Construction, Bakersfield, Ca $8,940,000 Construction Management CCME, Fresno, Ca $347,600
City Council Meeting Agenda Tuesday, September 17, 2024 City of Tulare Page 4 of 4
Materials Inspection Krazan, & Associates, Clovis, Ca $48,745 Construction Surveying Guida, Fresno, Ca $56,700
Labor Compliance Labor Consultants, Hanford, Ca $30,600

9. FUTURE AGENDA ITEMS - NONE SUBMITTED

10. STAFF UPDATES

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING

11.1 Public Employee Performance Evaluation (Gov. Code § 54957) Title: City Manager

12. RECONVENE FROM CLOSED SESSION

13. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

14. ADJOURNMENT
The next regularly scheduled meeting of the Tulare City Council is Tuesday, October 1, 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, 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: Friday, September 13, 2024 Melissa Hermann, Chief Deputy City Clerk

OFFICE OF THE CITY MANAGER
To: Mayor and City Council Members
From: Marc Mondell, City Manager
Subject: September 17, 2024 Agenda Memo
Date: September 13, 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 memo. This may occur to best manage the time at a meeting or to adapt to the participation of the public.
7:00 p.m. Regular Meeting

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE AND INVOCATION

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

3.1 Proclamation for Hispanic Heritage Month - September 15-October 15, 2024.

5. 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 agenda. Public comments will be limited to three minutes per topic unless otherwise extended by Council. [Time Estimate: 7:20 p.m.]

6. COUNCIL REPORTS AND ITEMS OF INTEREST [Time Estimate: 7:20 p.m.]

7.1 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.

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of September 3, 2024. [M. Hermann]

7.3 Axon Enterprise Inc. Contract Renewal.

Recommended Action: Approve expenditures for the five-year (60 months) contract renewal of Tulare Police Department’s body-worn camera program equipment/media storage with Axon Enterprise Inc. in the total amount of $448,586.58. [J. Boatman] Summary: The Tulare Police Department is approaching the end of the current fiveyear contract with Axon. The contract is due for renewal as of October 1, 2024. Staff is requesting Council approve the renewal of the body-worn camera program contract for the next five years. Axon Enterprise Inc. currently provides the Tulare Police Department with the equipment, software, media storage, and customer support necessary to conduct day-to-day police duties, while also aiding in maintaining a high level of community trust and transparency.

Fiscal Impact & Funding Source(s): This expense is included in the adopted budget (001-4220-2510).

Legal Review: The contract was reviewed and approved by the City Attorney’s Office.

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

7.4 Foster Drive Storm Drain and Water Main Preliminary Oversize Agreement.

Recommended Action: Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Tulare City School District for construction costs associated with Tulare City School District sports fields that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager. [M. Miller]
Summary: The Tulare City School District is developing sports fields at the northeast corner of Foster Drive and Tuolumne Avenue. As part of this development, the district is required to extend a 10-inch waterline and 42-inch to 48-inch master plan storm drain mains in Foster Drive. These improvements exceed that which is required for the development and are meant to serve regional needs. The costs associated with the additional size and capacity of these installations are eligible for reimbursement under the City's oversize construction reimbursement policy outlined in Chapter 8.64 of the Municipal Code.

The agreement also specifies the conditions under which the City would reimburse the Tulare City Council Page 3 of 10
Agenda Memo - September 17, 2024
Tulare City School District for their eligible expenses, plus accrued interest, as funding becomes available through the City’s Development Impact Fee program.

Fiscal Impact & Funding Source(s): DIF Storm Drain Facilities – Principal / #001- 4320-8206; DIF Storm Drain Facilities – Interest / #001-4320-8306; DIF Water Facilities – Principal / #010-4610-8206; DIF Water Facilities – Interest / #010-4610-8306 Legal Review: The standard format of the Preliminary Oversize Construction Reimbursement Agreement has previously been reviewed and approved as to form by the City Attorney.

Alternative Action: 1) Approve with changes - No impact on the proposed development; 2) Deny - Would be contrary to the policies set forth in Chapter 8.64 of the Municipal Code; or 3) Table Would delay the Tulare City School District’s ability to commence construction of eligible improvements required to develop the proposed sports fields, thereby delaying the entire project.

7.5 Quitclaim Deed for Easement for Sign Access and Electrical Conduit.

Miller]
Summary: In 1998, Lewis and Betty Goins granted the city an easement for a City of Tulare monument sign on the west side of Highway 99, just north of Cartmill Avenue.

As part of the Cartmill Interchange project, additional right-of-way was acquired by the State and the monument sign was demolished to facilitate the interchange improvements. Insufficient right-of-way exists to ever replace the monument sign at this location. A remnant portion of the easement associated with access to the former monument sign and its electrical service remains across property currently owned by AgWest Farm Credit, which impacts their ability to construct a planned expansion of their existing facility. AgWest Farm Credit is requesting that the City quitclaim any remaining rights to the easement. There is no identified need or purpose for the City to retain those rights.

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

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

Alternative Action: 1) Approve with changes - Could be accommodated without significant impacts to the proposed AgWest Farm Credit expansion project, provided that portions of the subject easement conflicting with proposed structures are quitclaimed; 2) Deny - Would prevent the AgWest Farm Credit expansion project from moving forward as proposed; or 3) Table - Would delay the proposed AgWest Farm Credit expansion project.

Tulare City Council Page 4 of 10
Agenda Memo - September 17, 2024

7.6 Conditional Final Map Acceptance – Fulton Estates Phase 1A.

Miller]
Summary: Planning Commission Resolution No. 5435, which was adopted on October 24, 2022, approved the tentative subdivision map for the Fulton Estates subdivision.

This subdivision is situated on the southwest corner of Tulare Avenue (State Route 137) and Oakmore Street and covers approximately 39 acres with a total of 185 single-family lots at full buildout. The development of the subdivision will be done in phases. Phase 1A of the Fulton Estates subdivision will consist of 50 single-family residential lots and a park lot.

To streamline the final map approval process, the Subdivider is seeking conditional approval and acceptance from Council. This is subject to the receipt of the signed map, all fees, and other necessary items within 60 days. Such requests for conditional approval have been routinely accommodated.

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

Legal Review: The final map will be reviewed for compliance with applicable legal requirements prior to recordation.

Alternative Action: 1) Approve with changes - Changes would result in delay to the project schedule; 2) Deny - Construction of the proposed single-family residential construction project would not be permitted; or 3) Table - The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.

7.7 Surplus Vehicles.

Recommended Action: Adopt a resolution authorizing the surplus of City vehicles. [M.

Reed]
Summary: The Fleet Control Budget was established in order to allow the Fleet Maintenance Division to bill departments for City vehicles, to recommend replacements, and properly size and make vehicles available to departments base on their needs.

The following vehicles have been removed from service. These units have been inspected by Fleet Maintenance and have reached the end of useful life or have damage not economically feasible to repair.

Unit # Year Make Model Department Comments
0014 2011 Chevrolet Impala Police
0351 2012 Chevrolet Impala Police
0352 2012 Chevrolet Impala Police
0370 2012 Chevrolet Impala Police
3128 2018 Ford Interceptor Police Accident
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Agenda Memo - September 17, 2024
0423 2012 Ford F150 Parks
0119 2013 Ford Explorer Police
0025 2012 Toyota Prius Police
0060 2008 Chevrolet Equinox Senior Services
3074 2017 BMW R1200 Police Accident
3076 2017 BMW R1200 Police Accident
Fiscal Impact & Funding Source(s): There is no fiscal impact to this approval. Staff will try to sell or dispose of the units with no cost to the City and/or with revenue from the sale.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. If denied, the vehicles will remain at the Corporation Yard until they are approved for surplus.

7.8 2024/2025 K/T AAA Agreements.

Recommended Action: Authorize the City Manager or designee to sign agreements with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide nutritional services through the 2024/2025 K/T AAA Senior Nutrition Program. [B. Beck] Summary: Each year, the Senior Division of the Community Services Department enters into yearly agreements with the Kings/Tulare Area Agency on Aging (K/T AAA) to provide nutrition services to the seniors in our community. The Senior Nutrition Program offers hot meals, frozen delivery meals, and a variety of nutritional and educational services throughout the year.

Agreement K/T AAA 24/25-05 totals $289.833, allowing the Senior Division to spend $101,740 on the congregate meal program and $188,094 on the delivery meal programs offered through the Tulare Senior Community Center.

This agreement is valid from July 1, 2024, through June 30, 2025.

Fiscal Impact & Funding Source(s): These funds, if approved, will continue to provide nutrition to the seniors of our community. On average, the Tulare Senior Community Centers provides over 5,000 meals/month to seniors in our community. With average daily meal attendance of 200 people per day, as well as delivering meals to over 60 homebound clients throughout the city limits of Tulare. In addition to nutrition, these funds will also allow for the procurement of new goods which will allow us to develop and expand our current programs and services.

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

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

7.9 Contract Amendment for PK0033 Zumwalt Park Project.

Recommended Action: Authorize the City Manager or designee to sign a contract amendment for $23,000 with Lane Engineers of Tulare, CA, for additional construction surveying related to PK0033 Zumwalt Park Project. [M. Miller] Tulare City Council Page 6 of 10
Agenda Memo - September 17, 2024
Summary: On September 9, 2023, the City Council approved a contract with Lane Engineers for $67,700 in construction surveying services for the redevelopment of Zumwalt Park. Lane Engineers of Tulare, 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 Lane Engineers’ original proposal amount would be sufficient to complete the project; however, with this project's unique and intricate design, multiple site visits from the consultant were required to ensure the project met design requirements. Due to these circumstances, it has caused the City to exhaust the construction surveying budget. The contract amendment provided by Lane Engineers is $23,000. This amount includes additional construction surveying. Considering this proposal is billed on time and material, the City may only incur some of the cost. Project Management has reviewed the proposed addendum and determined that the proposed costs are reasonable and consistent with current design fees.

Fiscal Impact & Funding Source(s): Project Continency - PK0033-050-0999 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 contract with Lane Engineers, the City will not have construction surveying, thus unable to provide exact field measurements for project improvements; or 3) Table - Postponing the amendment to the contract with Lane Engineers would delay the project schedule.

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: 7:35 p.m.]

8.1 Fiscal Year 2023 Annual Comprehensive Financial Report.

Recommended Action: Review and accept the Annual Comprehensive Financial Report for Fiscal Year 2023. [M. Roberts]
Summary: The Fiscal Year 2023 Annual Comprehensive Financial Report (ACFR) was performed by Price Paige & Company auditors. Attached is the finalized ACFR and related reports, including the audit communication letter, government audit standards report, and related management comment letter.

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

Legal Review: This item does not require legal review.

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

Tulare City Council Page 7 of 10
Agenda Memo - September 17, 2024

8.2 GIS Presentation.

Recommended Action: Receive a presentation on the status of the Geographic Information System (GIS) for the City of Tulare. [J. Bowling] Summary: The purpose of this item is to present the progress of the different components of the City of Tulare GIS system. GIS work has been organized into 3 areas of focus: 1) Land use information for Planning, Building, and Economic Development, 2) Public Safety information for Computer Automated Dispatch (CAD) and Records Management System (RMS) including Next generation 911 (NG911), and 3) Underground utilities including water, wastewater and storm drain infrastructure.

Significant progress has been made on each focus area. Staff will also share upcoming projects that will use GIS data.

Fiscal Impact & Funding Source(s): There is no fiscal impact.

Legal Review: This item does not require legal review.

Alternative Action: 1) Approve with changes; 2) Deny; or 3) Table. This item is informational only; no action necessary.

8.3 Award of Construction Contracts for Project FM0048 Homeless Shelter.

Task Description Contractor Amount
Construction Contractor Superior Construction, Bakersfield, Ca $8,940,000 Construction Management CCME, Fresno, Ca $347,600
Materials Inspection Krazan, & Associates, Clovis, Ca $48,745 Construction Surveying Guida, Fresno, Ca $56,700
Labor Compliance Labor Consultants, Hanford, Ca $30,600 Summary: Project FM0048 will construct an emergency homeless shelter facility consisting of a 20,000 square foot steel building, three modular buildings that will serve as office, food pantry, laundry room and classroom space, restroom and shower facilities, a modular unit village, dog kennels, storage containers, a parking lot, exterior lighting, roadway frontage improvements, utility extensions, and perimeter fencing. This project was included and approved as part of the City’s 2023-2028 CIP budget.

Various contracts are required for construction and construction support services to successfully deliver the project. The following bids and proposals have been received and are recommended for award:

Task Description Contractor Amount

1. Construction Contractor Superior Construction,
Bakersfield, Ca $8,940,000

2. Construction Management CCME, Fresno, Ca $347,600
Tulare City Council Page 8 of 10
Agenda Memo - September 17, 2024

3. Materials Inspection Krazan, & Associates, Clovis, Ca $48,745

4. Construction Surveying Guida, Fresno, Ca $56,700

5. Labor Compliance Labor Consultants, Hanford, Ca $30,600 A detailed breakdown of the construction contracts required for the subject project is as follows:

1. Construction Contract: Superior Construction
On August 29, 2024, three bids were opened from the Request for Bids #24-803, Emergency Homeless Shelter Project. The bid opening results are attached. The project sheet for the Emergency Homeless Shelter was approved in the 2023 – 2028 City of Tulare Capital Improvement Program (CIP) budget. Once the plans and specifications were finalized, the Architect provided an estimated construction cost of $6,100,000.

Bids ranged from $8,940,000 - $11,731,000. The bids were evaluated and determined to be responsive to the requirements and instructions contained in the bid documents.

While the combination of bids received are higher than the construction estimate, this appears to be consistent with current construction costs trends being observed throughout the state and nation. Inflation, labor shortages, and significant supply chain issues in the building industry are driving higher than expected costs.

2. Construction Management: CCME
Emergency Homeless Shelter being the construction of a facility or buildings and infrastructure City of Tulare building inspectors will have an active part in the construction process inspections. Due to the volume of projects citywide, both private and public, The City does not have sufficient in-house staff capacity to perform the necessary construction management required by Emergency Homeless Shelter Project. The construction management of CCME will be an extension of the City’s Engineering Department, Project Management.

CCME of Fresno, CA is included on the list of pre-qualified On-Call Construction Management, Resident Engineer, Inspection Consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and time frame to complete the work on this project. CCME has reviewed the scope of this project and has proposed to perform construction management services on a time and materials basis, not to exceed $347,600 in accordance with the provisions on their on-call contract. This amount is in line with industry standards and with what the City has experience on projects with similar scopes of work.

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

Krazan of Clovis, CA is included on the list of pre-qualified On-Call Geotechnical and Materials Testing consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. Krazan has reviewed the scope of this project and Tulare City Council Page 9 of 10
Agenda Memo - September 17, 2024
has proposed to perform the necessary services on a time and material basis, not to exceed $48,745, in accordance with the provisions of their on-call contract. This amount is in line with industry standards.

4. Construction Survey: Guida
During construction, it will be necessary to provide construction staking so the Contractor has the necessary locations and elevations to properly construct the site improvements.

Guida of Fresno, CA is included on the list of On-Call Construction Surveying consultants and demonstrated in their bid proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. Guida has reviewed the scope of the Emergency Homeless Shelter Project and has proposed to perform the necessary services on a time and materials basis, not to exceed $56,700. This amount is in line with industry standards.

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

Labor Consultants of California, Hanford, CA, is included on the list of pre-qualified OnCall Labor Compliance Monitoring consultants and has demonstrated in their proposal that they have the skills, expertise, and resources available to meet the City’s needs and timeframe to complete the work on this project. Labor Consultants has reviewed the scope of this project and has proposed to perform the necessary services on a time and material basis, not to exceed $30,600, in accordance with the provisions of their on-call contract. This amount is in line with industry standards.

Fiscal Impact & Funding Source(s): The construction bid amount came in above the preliminary cost estimates used to develop the project budget and project sheet in the adopted 2023-2028 CIP budget, so revisions are necessary. Please refer to the revised Project Sheet attached to this staff transmittal for a breakdown of project costs and proposed funding sources.

Legal Review: Subsequent contract approval to be reviewed by the City Attorney.

Alternative Action: 1) Approve with changes - Changes to the project scope following the construction contract bid opening could invalidate the entire bid process and are therefore not recommended; 2) Deny - Council could elect to reject all bids, direct staff to reduce the scope of the project, revise the design accordingly, and re-bid the project.

A reduced scope might result in lower bids, but additional design costs associated with revising the project plans would be incurred; or 3) Table - Council could elect to reject all bids and direct staff to reprogram the project to a future date in the hope that additional funding becomes available.

9. FUTURE AGENDA ITEMS - NONE SUBMITTED [Time Estimate: 9:05 p.m.] Tulare City Council Page 10 of 10
Agenda Memo - September 17, 2024

10. STAFF UPDATES [Time Estimate: 9:05 p.m.]

11. RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING [Time Estimate: 9:10 p.m.]

11.1 Public Employee Performance Evaluation (Gov. Code § 54957) Title: City Manager

12. RECONVENE FROM CLOSED SESSION [Time Estimate: 10:00 p.m.]

13. CLOSED SESSION REPORT - This is the time for Council to publicly report specified closed session action and the vote taken on those actions, if any.

14. ADJOURNMENT [Time Estimate: 10:00 p.m.]
The next regularly scheduled meeting of the Tulare City Council is Tuesday, October 1, 2024, at 7:00 p.m. in the Council Chamber, 491 North M Street, Tulare.

WHEREAS, September 15 through October 15 is nationally recognized as National Hispanic Heritage Month, and the City of Tulare recognizes that Hispanic heritage is American heritage, and we see that influence in almost every aspect of our lives; and WHEREAS, each year, Americans observe National Hispanic Heritage Month by celebrating the histories, cultures, and contributions of American citizens whose ancestors come from Mexico, Spain, the Caribbean, and Central and South America; and
WHEREAS' September 15 is significant as a starting date for Hispanic Heritage month as it is the anniversary of independence for the Latin American countries of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. ln addition, Mexico and Chile celebrate their independence on September 16 and September 18 respectively; and
WHEREAS, Hispanics and Latinos are the largest ethnic group in the State of California; and WHEREAS, it is important to recognize that Hispanic men and women have worked hard to create opportunities, overcoming barriers of language, culture, and tradition, and play an integral role in the progress and productivity of our communities; and
WHEREAS, the cultural, educational, and political influences of Hispanic residents in our communities can be seen and appreciated in all aspects of our life: from farm worker struggles fdr housing and equal wages, to incredible and gifted artists, to vibrant businesses, to music and community festivals.

NOW, THEREFORE, we, the City Council of the City of Tulare, do hereby proclaim September 15 through October 15,2024, as
Hispanic Heritage Month
in the City of Tulare and encourage residents to celebrate this year's National Hispanic Heritage Month's theme, "Pioneers of Change: Shaping the Future Together," recognizing the spirit of innovation, resilience, and unity that define the Hispanic experience.

Dated this 17th day of September 2024 a J"f'-,
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Dennis A. Mederos, Councilmember
City of Tulare Page 1 of 5

CITY OF TULARE

CITY COUNCIL MEETING MINUTES
Tulare Public Library & Council Chamber
491 North M Street, Tulare
Tuesday, September 3, 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; Police Chief Fred Ynclan; Fire Chief Michael Ott; Human Resources Director Shonna Oneal; Community
Development Director Mario Anaya; Executive Director of Economic Development and Redevelopment Traci Myers;
Chief Technology Officer Jason Bowling

1. CALL TO ORDER
Mayor Sayre called to order the regular meeting of the City Council at 7:01 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 Susan Henard, Pastor of River Valley Church.

Following the invocation, Fire Department staff presented a new uniform to Pastor Susan Henard who is a chaplain at the Fire Department.

3. PROCLAMATIONS & RECOGNITIONS

3.11 Proclamation for Suicide Prevention Month, September 2024. Mayor Sayre read and presented a proclamation to Noah Whitaker proclaiming September 2024 as Suicide Prevention Month in the City of Tulare.

3.12 Recognition to Tulare Fast & Fearless Softball Team for Accomplishments.

Councilmember Sigala presented certificates of recognition to the Tulare Fast & Fearless softball team recognizing their recent achievement.

4. PUBLIC COMMENT
There were no public comments.

Item #: 7.2
Consent
City Council Meeting Minutes Tuesday, September 3, 2024 City of Tulare Page 2 of 5

5. COMMUNICATIONS
City Manager Marc Mondell advised of a letter of intent for a sister city agreement received from Armando Reyna, the mayor of Tecomán, Colima in Mexico. An item will be placed on a future agenda for discussion.

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

7. CONSENT CALENDAR
Item 7.9 was removed from the Consent Calendar by Council.

It was moved by Vice Mayor Isherwood, seconded by Councilmember Sigala, and unanimously carried to approve the items on the Consent Calendar as presented except for item 7.9.

7.1 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.

7.2 Approval of City Council Meeting Minutes.

Recommended Action: Approve the minutes of the special and/or regular meeting of August 20, 2024. [M. Hermann]

7.3 July 2024 Investments Report.

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

Roberts]

7.4 Rejection of Claim - Danice Leanne Garrison.

Recommended Action: Reject the liability claim for damages filed on July 22, 2024, by Attorney Shawna O’Donnell on behalf of claimant Danice Leanne Garrison, FR102310/23040-23043. [S. Oneal]

7.5 Rejection of Claim - Erabella Castro Sanchez.

Recommended Action: Reject the liability claim for damages filed on July 22, 2024, by Attorney Shawna O’Donnell on behalf of claimant Erabella Castro Sanchez, FR102310/23040-23043. [S. Oneal]

7.6 Rejection of Claim - Evee Castro.

Recommended Action: Reject the liability claim for damages filed on July 22, 2024, by Attorney Shawna O’Donnell on behalf of claimant Evee Castro, FR102310/23040-23043. [S. Oneal]

7.7 Rejection of Claim - Ivan Castro Sanchez.

Recommended Action: Reject the liability claim for damages filed on July 22, 2024, by Attorney Shawna O’Donnell on behalf of claimant Ivan Castro Sanchez, FR102310/23040-23043. [S. Oneal]
City Council Meeting Minutes Tuesday, September 3, 2024 City of Tulare Page 3 of 5

7.8 Final Map Acceptance - Villas at Sierra Ranch.

Recommended Action: Conditionally approve the final map and subdivision improvement agreement for the Villas at Sierra Ranch subdivision for recordation, and accept all easements and dedications offered to the City. [M. Miller]

7.10 Highway Safety Improvement Program Grant.

Recommended Action: Adopt a resolution authorizing the City of Tulare to apply for Highway Safety Improvement Program grant funding; and authorize the City Manager to execute all necessary grant documents on behalf of the City to facilitate said application. [M. Miller]

7.11 Investment Management and Advisory Services Agreement.

Recommended Action: Authorize the City Manager to 1) execute a professional services agreement with PFM Asset Management LLC for investment management and advisory services for the period of September 4, 2024, through December 31, 2027, with two additional one-year options; and 2) execute nonsubstantive modifications to the Agreement as necessary. [M. Roberts]

ITEM(S) PULLED FROM CONSENT CALENDAR

7.9 Capital Improvements Project Dashboard for September 2024.

Recommended Action: Accept the Capital Improvements Project Dashboard for September 2024. [M. Miller]
Council Action: Councilmember Sigala pulled this item to inquire about the Prosperity and West Street Intersection Improvements project timeline. City Engineer Michael Miller provided a response thereto, confirming it was dependent on Southern California Edison. It was moved by Councilmember Sigala, seconded by Councilmember Harrell, and unanimously carried to approve the item as presented.

8. PUBLIC HEARING

8.1 Proposed 2023 Consolidated Annual Performance Evaluation Report.

Recommended Action: Adopt a resolution as presented approving the 2023 Consolidated Annual Performance Evaluation Report (CAPER) as presented; and authorize the City Manager or his designee to submit the CAPER to HUD on behalf of the City of Tulare.

Presented By: Housing and Grants Specialist Gladys Avitia Public Comment: The public hearing was opened at 8:30 p.m. Receiving no comment, the public hearing was closed at 8:31 p.m.

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

9. GENERAL BUSINESS

9.1 Appeal of Decertification Petition Decision.

Recommended Action: Reject the appeal submitted to City Council on August 20, 2024, by members of the California League of City Employees Association (CLOCEA) to decertify the union due to untimeliness of Decertification Petition pursuant to City of Tulare Merit System Rules and Regulations §1307(a).

Presented By: Assistant City Manager Josh McDonnell
City Council Meeting Minutes Tuesday, September 3, 2024 City of Tulare Page 4 of 5
Public Comment: John Triste, Allen (no last name provided), Chris Soto, and David Quinonez addressed the Council regarding the lack of representation by CLOCEA including a lack of communication. Mike Cosenza of CLOCEA addressed the Council regarding the issues raised by the union members.

Council Action: This item was taken out of order and heard following Consent Calendar. Following discussion, it was moved by Councilmember Mederos, seconded by Councilmember Harrell, and unanimously carried to reject the appeal submitted to City Council on August 20, 2024, by members of the California League of City Employees Association (CLOCEA) to decertify the union due to untimeliness of Decertification Petition pursuant to City of Tulare Merit System Rules and Regulations §1307(a).

9.2 Spade Entertainment Standard Operational Procedures and Rental Agreement.

Recommended Action: Approve the Adventist Health Amphitheater Standard Operational Procedures (SOP) document and rental agreement with Spade Entertainment.

Presented By: City Manager Marc Mondell on behalf of Interim Community Services Director Brian Beck; Todd Speelman of Spade Entertainment Public Comment: There were no public comments.

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

9.3 Appoint Nominated Persons to Offices and Cancel Elections.

Recommended Action: Adopt a resolution appointing Jose Sigala to the office of Tulare City Councilmember for District 1 and cancel the election scheduled to be held on Tuesday, November 5, 2024, specific to District 1; adopt a resolution appointing Steve Harrell to the office of Tulare City Councilmember for District 3 and cancel the election scheduled to be held on Tuesday, November 5, 2024, specific to District 3; and adopt a resolution appointing Patrick Isherwood to the office of Tulare City Councilmember for District 5 and cancel the election scheduled to be held on Tuesday, November 5, 2024, specific to District 5.

Presented By: Chief Deputy City Clerk Melissa Hermann
Public Comment: There were no public comments.

Council Action: Staff advised Council that the City had missed the 75-day deadline pursuant to California Elections Code Section 10229 which states the election must be held if candidates running unopposed are not appointed by the 75th day before the election. Since the deadline was missed, the candidates running unopposed will appear on the November 5 ballot. Council took no action on this item.

10. FUTURE AGENDA ITEMS - NONE SUBMITTED

11. STAFF UPDATES
Staff provided updates on department activities.

City Council Meeting Minutes Tuesday, September 3, 2024 City of Tulare Page 5 of 5

12. ADJOURNMENT
Seeing no further business to discuss, Mayor Sayre adjourned the regular meeting at 9:13 p.m.

These meeting minutes were approved by the Council on September 17, 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: September 17, 2024
Department: Police
Submitted by: Jerod Boatman, Police Captain
Agenda Title: Axon Enterprise Inc. Contract Renewal

RECOMMENDED ACTION
Approve expenditures for the five-year (60 months) contract renewal of Tulare Police Department’s body-worn camera program equipment/media storage with Axon Enterprise Inc. in the total amount of $448,586.58.

SUMMARY
The Tulare Police Department is approaching the end of the current five-year contract with Axon.

The contract is due for renewal as of October 1, 2024. Staff is requesting Council approve the renewal of the body-worn camera program contract for the next five years. Axon Enterprise Inc. currently provides the Tulare Police Department with the equipment, software, media storage, and customer support necessary to conduct day-to-day police duties, while also aiding in maintaining a high level of community trust and transparency.

FISCAL IMPACT & FUNDING SOURCE(S)
This expense is included in the adopted budget (001-4220-2510).

LEGAL REVIEW
The contract was reviewed and approved by the City Attorney’s Office.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Axon Enterprise Inc. Contract
Reviewed/Approved:

Item #: 7.3
Consent

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Q-572333-45510.650DG
Issued: 08/06/2024
Quote Expiration: 08/30/2024
Estimated Contract Start Date: 10/01/2024
Account Number: 170014
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Tulare Police Dept. - CA
411 E Kern Ave
Tulare,
CA
93274-4257
USA
Tulare Police Dept. - CA
411 E Kern Ave
Tulare
CA
93274-4257
USA
Email:

David Gollobit
Phone: +1 6023212774
Email: [email protected]
Fax:

Jerod Boatman
Phone: 559-684-4251
Email: [email protected]
Fax: (559) 685-5647
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $48,205.86 TOTAL COST $443,488.50
ESTIMATED TOTAL W/ TAX $448,586.58 TOTAL SAVINGS $241,029.30 Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

7.3 Consent Page 2 ATTACHMENT 1

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Payment Summary
Date Subtotal Tax Total
Oct 2024 $88,697.70 $1,019.63 $89,717.33
Oct 2025 $88,697.70 $1,019.63 $89,717.33
Oct 2026 $88,697.70 $1,019.63 $89,717.33
Oct 2027 $88,697.70 $1,019.63 $89,717.33
Oct 2028 $88,697.70 $1,019.56 $89,717.26
Total $443,488.50 $5,098.08 $448,586.58

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Quote Unbundled Price: $684,517.80
Quote List Price: $622,051.80
Quote Subtotal: $443,488.50
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 60 $72.74 $36.07 $36.07 $25,970.40 $1,734.89 $27,705.29 BWCamTAP Body Worn Camera TAP Bundle 82 60 $41.13 $33.80 $14.14 $69,568.80 $2,730.48 $72,299.28 A la Carte Hardware
H00002 AB4 Multi Bay Dock Bundle 11 $1,638.90 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 72 $849.00 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 1 $1,638.90 $1,178.90 $1,178.90 $97.28 $1,276.18 H00001 AB4 Camera Bundle 10 $849.00 $649.00 $6,490.00 $535.43 $7,025.43 A la Carte Software
73682 AXON EVIDENCE - AUTO TAGGING LICENSE 82 60 $10.85 $10.85 $53,382.00 $0.00 $53,382.00 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON
DEVICE) 82 60 $27.12 $27.12 $133,430.40 $0.00 $133,430.40 BasicLicense Basic License Bundle 61 60 $16.27 $16.25 $59,475.00 $0.00 $59,475.00 ProLicense Pro License Bundle 35 60 $43.40 $43.33 $90,993.00 $0.00 $90,993.00 A la Carte Services
79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO
TAGGING/PERFORMANCE 1 $3,000.00 $3,000.00 $3,000.00 $0.00 $3,000.00 Total $443,488.50 $5,098.08 $448,586.58
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 2 1 10/01/2024
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 10 1 10/01/2024
AB4 Camera Bundle 100147 AXON BODY 4 - CAMERA - NA US FIRST RESPONDER BLK RAPIDLOCK 72 1 10/01/2024
AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 11 1 10/01/2024 AB4 Camera Bundle 100466 AXON BODY 4 - CABLE - USB-C TO USB-C 80 1 10/01/2024 AB4 Camera Bundle 74028 AXON BODY - MOUNT - WING CLIP RAPIDLOCK 80 1 10/01/2024 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 1 1 10/01/2024 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 11 1 10/01/2024 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 11 1 10/01/2024 AB4 Multi Bay Dock Bundle 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 10/01/2024 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 11 1 10/01/2024 AB4 Multi Bay Dock Bundle 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 10/01/2024

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Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date Body Worn Camera Multi-Bay Dock TAP Bundle 73689 AXON BODY - TAP REFRESH 1 - DOCK MULTI BAY 12 1 04/01/2027 Body Worn Camera TAP Bundle 73309 AXON BODY - TAP REFRESH 1 - CAMERA 84 1 04/01/2027 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 AXON BODY - TAP REFRESH 2 - DOCK MULTI BAY 12 1 09/30/2029 Body Worn Camera TAP Bundle 73310 AXON BODY - TAP REFRESH 2 - CAMERA 84 1 09/30/2029 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 61 10/01/2024 09/30/2029 Basic License Bundle 73840 AXON EVIDENCE - ECOM LICENSE - BASIC 61 10/01/2024 09/30/2029 Pro License Bundle 73683 AXON EVIDENCE - STORAGE - 10GB A LA CARTE 105 10/01/2024 09/30/2029 Pro License Bundle 73746 AXON EVIDENCE - ECOM LICENSE - PRO 35 10/01/2024 09/30/2029 A la Carte 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 82 10/01/2024 09/30/2029 A la Carte 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 82 10/01/2024 09/30/2029 Services
Bundle Item Description QTY
A la Carte 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 AXON BODY - TAP WARRANTY - MULTI BAY DOCK 12 10/01/2025 09/30/2029 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 82 10/01/2025 09/30/2029 Body Worn Camera TAP Bundle 80464 AXON BODY - TAP WARRANTY - CAMERA 2 10/01/2025 09/30/2029

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Shipping Locations
Location Number Street City State Zip Country
1 411 E Kern Ave Tulare CA 93274-4257 USA
Payment Details
Oct 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 82 $10,676.40 $0.00 $10,676.40 Year 1 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 82 $26,686.08 $0.00 $26,686.08 Year 1 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 1 BasicLicense Basic License Bundle 61 $11,895.00 $0.00 $11,895.00 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,194.09 $346.98 $5,541.07 Year 1 BWCamTAP Body Worn Camera TAP Bundle 82 $13,913.75 $546.10 $14,459.85 Year 1 H00001 AB4 Camera Bundle 72 $0.00 $0.00 $0.00
Year 1 H00001 AB4 Camera Bundle 10 $1,298.00 $107.09 $1,405.09 Year 1 H00002 AB4 Multi Bay Dock Bundle 11 $0.00 $0.00 $0.00 Year 1 H00002 AB4 Multi Bay Dock Bundle 1 $235.78 $19.46 $255.24 Year 1 ProLicense Pro License Bundle 35 $18,198.60 $0.00 $18,198.60 Total $88,697.70 $1,019.63 $89,717.33
Oct 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 82 $10,676.40 $0.00 $10,676.40 Year 2 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 82 $26,686.08 $0.00 $26,686.08 Year 2 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 2 BasicLicense Basic License Bundle 61 $11,895.00 $0.00 $11,895.00 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,194.09 $346.98 $5,541.07 Year 2 BWCamTAP Body Worn Camera TAP Bundle 82 $13,913.75 $546.10 $14,459.85 Year 2 H00001 AB4 Camera Bundle 72 $0.00 $0.00 $0.00
Year 2 H00001 AB4 Camera Bundle 10 $1,298.00 $107.09 $1,405.09 Year 2 H00002 AB4 Multi Bay Dock Bundle 11 $0.00 $0.00 $0.00 Year 2 H00002 AB4 Multi Bay Dock Bundle 1 $235.78 $19.46 $255.24 Year 2 ProLicense Pro License Bundle 35 $18,198.60 $0.00 $18,198.60 Total $88,697.70 $1,019.63 $89,717.33
Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 82 $10,676.40 $0.00 $10,676.40 Year 3 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 82 $26,686.08 $0.00 $26,686.08 Year 3 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 3 BasicLicense Basic License Bundle 61 $11,895.00 $0.00 $11,895.00 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,194.09 $346.98 $5,541.07 Year 3 BWCamTAP Body Worn Camera TAP Bundle 82 $13,913.75 $546.10 $14,459.85 Year 3 H00001 AB4 Camera Bundle 10 $1,298.00 $107.09 $1,405.09 Year 3 H00001 AB4 Camera Bundle 72 $0.00 $0.00 $0.00
Year 3 H00002 AB4 Multi Bay Dock Bundle 1 $235.78 $19.46 $255.24

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Oct 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 H00002 AB4 Multi Bay Dock Bundle 11 $0.00 $0.00 $0.00 Year 3 ProLicense Pro License Bundle 35 $18,198.60 $0.00 $18,198.60 Total $88,697.70 $1,019.63 $89,717.33
Oct 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 82 $10,676.40 $0.00 $10,676.40 Year 4 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 82 $26,686.08 $0.00 $26,686.08 Year 4 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 4 BasicLicense Basic License Bundle 61 $11,895.00 $0.00 $11,895.00 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,194.09 $346.98 $5,541.07 Year 4 BWCamTAP Body Worn Camera TAP Bundle 82 $13,913.75 $546.10 $14,459.85 Year 4 H00001 AB4 Camera Bundle 72 $0.00 $0.00 $0.00
Year 4 H00001 AB4 Camera Bundle 10 $1,298.00 $107.09 $1,405.09 Year 4 H00002 AB4 Multi Bay Dock Bundle 1 $235.78 $19.46 $255.24 Year 4 H00002 AB4 Multi Bay Dock Bundle 11 $0.00 $0.00 $0.00 Year 4 ProLicense Pro License Bundle 35 $18,198.60 $0.00 $18,198.60 Total $88,697.70 $1,019.63 $89,717.33
Oct 2028
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 73682 AXON EVIDENCE - AUTO TAGGING LICENSE 82 $10,676.40 $0.00 $10,676.40 Year 5 73686 AXON EVIDENCE - STORAGE - UNLIMITED (AXON DEVICE) 82 $26,686.08 $0.00 $26,686.08 Year 5 79999 AXON EVIDENCE - IMPLEMENTATION FOR AUTO TAGGING/PERFORMANCE 1 $600.00 $0.00 $600.00 Year 5 BasicLicense Basic License Bundle 61 $11,895.00 $0.00 $11,895.00 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 12 $5,194.09 $346.97 $5,541.06 Year 5 BWCamTAP Body Worn Camera TAP Bundle 82 $13,913.75 $546.08 $14,459.83 Year 5 H00001 AB4 Camera Bundle 10 $1,298.00 $107.07 $1,405.07 Year 5 H00001 AB4 Camera Bundle 72 $0.00 $0.00 $0.00
Year 5 H00002 AB4 Multi Bay Dock Bundle 1 $235.78 $19.44 $255.22 Year 5 H00002 AB4 Multi Bay Dock Bundle 11 $0.00 $0.00 $0.00 Year 5 ProLicense Pro License Bundle 35 $18,198.60 $0.00 $18,198.60 Total $88,697.70 $1,019.56 $89,717.26

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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

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Exceptions to Standard Terms and Conditions
Agency has existing contract(s) originated via Quote(s):Q-203231 These contracts expire effective 10/01/2024.
100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing contract #Q-203231. All TAP obligations from this contract will be considered fulfilled upon execution of this quote. \s1\ \d1\
Signature Date Signed
8/6/2024

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7.3 Consent Page 10
Staff Report
Meeting: City Council
Date: September 17, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Foster Drive Storm Drain and Water Main Preliminary Oversize Agreement

RECOMMENDED ACTION
Authorize the City Manager to execute a preliminary oversize construction reimbursement agreement with Tulare City School District for construction costs associated with Tulare City School District sports fields that are eligible for reimbursement in accordance with Chapter 8.64 of the Municipal Code, subject only to minor conforming and clarifying changes acceptable to the City Attorney and City Manager.

SUMMARY
The Tulare City School District is developing sports fields at the northeast corner of Foster Drive and Tuolumne Avenue. As part of this development, the district is required to extend a 10-inch waterline and 42-inch to 48-inch master plan storm drain mains in Foster Drive. These improvements exceed that which is required for the development and are meant to serve regional needs. The costs associated with the additional size and capacity of these installations are eligible for reimbursement under the City's oversize construction reimbursement policy outlined in Chapter 8.64 of the Municipal Code.

The attached preliminary oversize construction reimbursement agreement for the Foster Drive improvements outlines the work conditionally required by the City that would qualify for reimbursement under oversize construction reimbursement policies. The agreement also specifies the conditions under which the City would reimburse the Tulare City School District for their eligible expenses, plus accrued interest, as funding becomes available through the City’s Development Impact Fee program.

FISCAL IMPACT & FUNDING SOURCE(S)
DIF Storm Drain Facilities – Principal / #001-4320-8206 DIF Storm Drain Facilities – Interest / #001-4320-8306
DIF Water Facilities – Principal / #010-4610-8206
DIF Water Facilities – Interest / #010-4610-8306

LEGAL REVIEW
The standard format of the Preliminary Oversize Construction Reimbursement Agreement has previously been reviewed and approved as to form by the City Attorney.

ALTERNATIVE ACTION

1. Approve with changes - No impact on the proposed development.

2. Deny - Would be contrary to the policies set forth in Chapter 8.64 of the Municipal Code.

3. Table - Would delay the Tulare City School District’s ability to commence construction of eligible improvements required to develop the proposed sports fields, thereby delaying the entire project.

Item #: 7.4
Consent

7.4 Consent Page 1

ATTACHMENTS

1. Preliminary Oversize Construction Reimbursement Agreement Reviewed/Approved:

7.4 Consent Page 2

Page 1 of 7 ends

PRELIMINARY OVERSIZED REIMBURSEMENT AGREEMENT
This Preliminary Oversize Reimbursement Agreement (“Agreement”) is made and entered into as of this 17 day of September, 2024, by and between the CITY OF TULARE, a Municipal Corporation in the State of California, hereinafter referred to as the “CITY”, and TULARE CITY SCHOOL DISTRICT, hereinafter referred to as “DEVELOPER,” with reference to the following facts:

WHEREAS, said DEVELOPER is the owner and developer of Tulare City School District sports field project located off the northeast corner of Foster Drive and Tuolumne Avenue (hereinafter referred to as “Property”), and WHEREAS, the CITY’s conditional approval for development of the Property requires DEVELOPER to construct Master Plan storm drainage facility and extend a 10- inch water main that are regional in nature, and
WHEREAS, Chapter 8.64 of Title 8 of the Municipal Code of Tulare requires, in the event that sewer, water, storm drain or street improvements are installed by a developer or a right of way is dedicated by the same, any of which contain supplemental improvements as described in that Chapter, that the CITY shall enter into a reimbursement agreement for oversize improvements with the developer; and WHEREAS, CITY and DEVELOPER desire to memorialize their agreement with respect to the foregoing as more fully set forth below in this Agreement.

NOW, THEREFORE, incorporating the foregoing recitals, and in good consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, CITY and DEVELOPER hereby agree as follows:

1. Reimbursable Site Work. CITY and DEVELOPER agree that the components of the improvements to the Property identified below, required as conditions of approval the extension of a 42-inch and 48-inch master plan storm drain main on Foster Drive and the extension of a 10-inch water main on Foster Drive, are eligible for oversize construction reimbursement by the CITY to DEVELOPER, in accordance with Chapter 8.64 of Title 8 of the City Code of Tulare.

Estimated costs identified below have been rounded to the nearest 10 dollar increment.
a. Water Facility Improvements – Per City oversize policies and the Municipal Code, water facility improvements that serve regional needs and are of a supplemental size or quantity to accommodate such are eligible for oversize construction reimbursement.

7.4 Consent Page 3 ATTACHMENT 1

Page 2 of 7 ends

i. 10-inch Water Main and Fittings – Oversize C900 DR18 water main extension and fittings on Foster Drive. Cost difference between 10- inch C900 water main and fittings and 8-inch C900 water main and fittings. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Unit Cost Value
420 LF $25/LF $10,500
ii. 10-inch Gate Valve – Oversize gate valve for water main extension on Foster Drive. Cost difference between a 10-inch gate valve and an 8-inch gate valve. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Unit Cost Value
2 EA $1,000/EA $2,000
b. Storm Drain Facility Improvements – Per City oversize policies and the Municipal Code, storm drainage improvements that serve regional needs and are of a supplemental size or quantity to accommodate such are eligible for oversize construction reimbursement.
i. 48-inch Storm Drain Main – Gasketed reinforced concrete pipe master plan storm drain extension on Foster Drive. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Unit Cost Value
289 LF $500/LF $144,500
ii. 42-inch Storm Drain Main – Gasketed reinforced concrete pipe master plan storm drain extension on Foster Drive. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements
Qty Units Unit Cost Value
101 LF $450/LF $45,450
iii. Type IV Strom Drain Manoles – Storm drain manholes for master plan storm drain extension on Foster Drive. The estimated value of supplemental improvements associated with this item is as follows:

Value of Supplemental Improvements

7.4 Consent Page 4

Page 3 of 7 ends

Qty Units Unit Cost Value
2 EA $9,500/EA $19,000
The total estimated costs eligible for oversize reimbursement is $221,450.

2. Oversize reimbursable costs shall be based on the actual cost of installation.

In addition, reimbursement shall be limited to the additional material costs where a difference in material quantities is involved. Reimbursement for right of way dedications shall be determined in accordance with the provisions of Chapter 8.64.030 (B) of the City of Tulare Municipal Code. Further, the costs of engineering, staking, compaction tests, and all fees paid to the city, county or state shall be excluded, except for that portion of the inspection fees directly attributable to the oversized portion.

3. Prevailing Wages - The DEVELOPER shall be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
a. Those specific improvements for which the DEVELOPER receives credits or reimbursements as described as “Reimbursable Site Work” in section 1 above, and
b. Those improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a). c. The DEVELOPER will indemnify, defend, and hold the City and the City’s officers, officials, employees, and agents harmless if the developer fails to satisfy prevailing wage requirements of the Labor Code.

4. The CITY shall pay interest on any outstanding principal balance owed to DEVELOPER pursuant to this Agreement at a variable rate, compounded annually. The interest rate for each calendar year shall be equal to the average annual Local Agency Investment Fund (LAIF) rate of return on City of Tulare investments from the previous calendar year. Interest for a portion of a year shall be prorated to the nearest month and shall commence from the acceptance date on the notice of completion.

5. The total principal and interest for oversize and/or excessive right of way dedication shall be paid to the DEVELOPER by the CITY in accordance with Chapter 8.64.020 of the City of Tulare Municipal Code which is incorporated herein.

5. CITY shall maintain a Reimbursement List for each fund maintained through the City’s DIF program. DEVELOPER shall be added to each applicable list in date order. The applicable date for purposes of proper placement on the Reimbursement List shall be the date upon which the City accepts the

7.4 Consent Page 5

Page 4 of 7 ends

improvements following Notice of Completion.

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

Tulare City School District
600 N Cherry Street.

Tulare, CA 93274
Attention: Joyce Hauff Nunes

7. CITY and DEVELOPER each make the following representations and warranties to the other: (i) it has the legal power, right, and authority to enter this Agreement and to perform its obligations hereunder, (ii) all requisite action has been taken and all required consents, approvals, and authorizations have been obtained by it in connection with entering into this Agreement, (iii) no further consent of any partner, shareholder, trustee, trustor, beneficiary, creditor, investor, judicial or administrative body, governmental authority or other person or entity is required for it to perform its obligations under Agreement, (iv) the individuals executing this Agreement on its behalf have the legal power, right and actual authority to bind it to the terms and conditions hereof, and (v) upon full execution, this Agreement shall constitute the legal, valid and binding obligations of it, enforceable against it in accordance with its terms, to the extent permitted by law.

8. The DEVELOPER shall not transfer the rights to reimbursements without the express written consent of the CITY after having submitted a signed and notarized written request for said transfer to the City Engineer.

9. If either DEVELOPER or CITY brings an action, suit or other legal proceeding against the other for any matter relating to or arising out of this Agreement, then the prevailing party in such action or dispute, whether by final judgement, out of court settlement or otherwise, shall be entitled to recover from the other party, in addition to any other relief granted, all costs and expenses of such legal action, including reasonable attorney’s fees, unless otherwise mutually agreed upon by the parties.

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

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

7.4 Consent Page 6

Page 5 of 7 ends

12. Venue with respect to any disputes arising from this Agreement is proper in the Superior Court of California, County of Tulare.

13. The parties agree that each shall give the other 60 days’ advance written notice and attempt to settle any disputes through mediation prior to filing any legal action in the Superior Court, unless this requirement is expressly waived in writing by both parties.

14. Service of any notices or documents relating to this Agreement is proper through personal service to the City Manager’s Office or Developer’s abovestated place of business, or by U.S. Mail. Service shall be deemed complete upon personal service or upon the fifth (5th) calendar day following the postmarked date upon anything served by mail. ///
///
///
///

7.4 Consent Page 7

Page 6 of 7 ends

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

CITY OF TULARE Tulare City School District
A Municipal Corporation
“CITY” “DEVELOPER”
By: By:

Marc Mondell, City Manager
Name: Joyce Hauff Nunes
Title: Assistant Superintendent of Business
ATTEST:

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

City Attorney

7.4 Consent Page 8

Page 7 of 7 ends

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

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

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

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

7.4 Consent Page 9
Staff Report
Meeting: City Council
Date: September 17, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Quitclaim Deed for Easement for Sign Access and Electrical Conduit

RECOMMENDED ACTION
Approve a Quitclaim Deed for an existing easement in favor of the City of Tulare for sign access and electrical conduit recorded on November 9, 1998, Document no. 1998-0083932 of Recorded Document Official County Records in the City of Tulare, County of Tulare, State of California to AgWest Farm Credit, FLCA; and authorize the City Manager to sign the respective Certificate of Conveyance.

SUMMARY
In 1998, Lewis and Betty Goins granted the city an easement for a City of Tulare monument sign on the west side of Highway 99, just north of Cartmill Avenue. As part of the Cartmill Interchange project, additional right-of-way was acquired by the State and the monument sign was demolished to facilitate the interchange improvements. Insufficient right-of-way exists to ever replace the monument sign at this location. A remnant portion of the easement associated with access to the former monument sign and its electrical service remains across property currently owned by AgWest Farm Credit, which impacts their ability to construct a planned expansion of their existing facility. AgWest Farm Credit is requesting that the City quitclaim any remaining rights to the easement. There is no identified need or purpose for the City to retain those rights.

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

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

ALTERNATIVE ACTION

1. Approve with changes - Could be accommodated without significant impacts to the proposed AgWest Farm Credit expansion project, provided that portions of the subject easement conflicting with proposed structures are quitclaimed.

2. Deny - Would prevent the AgWest Farm Credit expansion project from moving forward as proposed.

3. Table - Would delay the proposed AgWest Farm Credit expansion project.

ATTACHMENTS

1. Quit Claim Deed

2. Certificate of Conveyance
Reviewed/Approved:

Item #: 7.5
Consent

7.5 Consent Page 1

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 East Kern Avenue
Tulare, California 93274-4257
SPACE ABOVE THIS LINE FOR RECORDER’S USE

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

LEGAL DESCRIPTION AND PLAT MARKED EXHIBIT “A” AND EXHIBIT “B” ATTACHED AND MADE PART HEREOF BY REFERENCE.

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

STATE OF CALIFORNIA)
) SS.

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

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

WITNESS my hand and official seal
Signature (SEAL)

7.5 Consent Page 2 ATTACHMENT 1

EXHIBIT A

LEGAL DESCRIPTION

A GRANT OF EASEMENT FOR UNDERGROUND UTILITIES PURPOSES TO THE CITY OF TULARE RECORDED AS DOCUMENT NO. 1998- 0083932 OF TULARE COUNTY RECORDS IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA.
5/24/2024
202411

7.5 Consent Page 3
179.99'
PARCEL 1
PARCEL MAP 5062
PM 51/68
PARCEL 1
PARCEL MAP 4653
PM 47/58

REMAINDER
PARCEL MAP 5062
PM 51/68
APN 149-230-022
APN 149-230-022
APN 149-230-024
APN 149-230-029
10'
15'
15'

EASEMENT FOR UNDERGROUND UTILITIES

PURPOSES TO THE CITY OF TULARE PER
DOCUMENT NO. 1998-0083932 TCOR
CHECKED:

DRAWN:

DATE: 05/24/24 EXHIBIT A
PROJECT:

PLAT TO ACCOMPANY LEGAL DESCRIPTION

EASEMENT ABANDONMENT
SCALE: 1" =
N
0' 200'
100'
100'
WWW.BORUMLANDSURVEYING.COM
1445 W. GRAND AVENUE STE. C,
GROVER BEACH, CA 93433

7.5 Consent Page 4

OFFICE OF THE CITY CLERK

CERTIFICATE OF CONVEYANCE
THIS IS TO CERTIFY, that the interest in real property conveyed by the Quitclaim Deed dated ______________________, from the City of Tulare, a Municipal Corporation of the State of California to AgWest Farm Credit, FLCA was duly conveyed by the City Council of the City of Tulare on September 17, 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 Conveyance to be recorded with the Quitclaim Deed.

CITY OF TULARE
By:

Marc Mondell, City Manager
ATTEST:

Melissa Hermann, Chief Deputy City Clerk

7.5 Consent Page 5 ATTACHMENT 2
Staff Report
Meeting: City Council
Date: September 17, 2024
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Conditional Final Map Acceptance – Fulton Estates Phase 1A

RECOMMENDED ACTION
Conditionally approve the final map and subdivision improvement agreement for Phase 1A of the Fulton Estates subdivision for recordation, and accept all easements and dedications offered to the City, subject to receipt of the signed final map, all fees, and other required items prior to November 16, 2024.

SUMMARY
Planning Commission Resolution No. 5435, which was adopted on October 24, 2022, approved the tentative subdivision map for the Fulton Estates subdivision. This subdivision is situated on the southwest corner of Tulare Avenue (State Route 137) and Oakmore Street and covers approximately 39 acres with a total of 185 single-family lots at full buildout. The development of the subdivision will be done in phases. Phase 1A of the Fulton Estates subdivision will consist of 50 single-family residential lots and a park lot.

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

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

ALTERNATIVE ACTION

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

2. Deny – Construction of the proposed single-family residential construction project would not be permitted.

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

ATTACHMENTS

1. Planning Commission Resolution No. 5435

2. Fulton Estates 1A Subdivision Agreement

3. Fulton Estates 1A Final Map
Reviewed/Approved:

Item #: 7.6
Consent

7.6 Consent Page 1
RESOLUTION NO. 5435

A RESOLUTION OF THE CITY OF TULARE PLANNING COMMISSION
APPROVING TENTATIVE SUBDIVISION MAP 2022-22- FULTON ESTATES WHEREAS, the City of Tulare Planning Commission held a regular meeting on October 24,2022 to consider a request by Quest Equity to subdivide approximately

38.48-acres iuto a 185-lot single family residential subdivision on property located on the southwest corner of Tulare Avenue (SR-137) and Oakmore Street (APN 172-030-010); and
WHEREAS, the City of Tulare Planning Commission determined that the proposed subdivision map is consistent with applicable Tulare General Plan; and, WHEREAS, the City of Tulare Planning Commission determined that the design or improvements of the proposed subdivision are consistent with the Tulare Gener'al Plan; and,
WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the type of development proposed; and, WHEREAS, the City of Tulare Planning Commission determined that the site is physically suitable for the proposed density of the development; and WHEREAS, the City of Tulare Planning Commission determined that the design of the subdivision or the type of improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat; and,
WHEREAS, the City of Tulare Planning Commission determined that the design of the proposed subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision ; and,
WHEREAS, an initial Study was prepared and found that although the proposed project could have a significant effect on the environment, there will not be a significant envirorunental impact with mitigation rneasures incorporated; and, WHERBAS, the City of Tulare Planning Commission determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and,
Resolution 5435

Page 1 ends

Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 2 ATTACHMENT 1
WHEREAS, the City of Tulare Planning Comrnission considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the pr"oject will have a significant effect on the environment witli mitigation measllres incorporated; and,
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Tulare makes the following specific findings based on the evidence presented l. That the proposed location of the Tentative Subdivision Map is consistent with the policies and intent of the General Plan, Zoning Ordinance, and Subdivision Ordinance.

2. That the proposed location of the Tentative Subdivision Map and the conditions under which it would be built or maintained will not be detrimental to the public health, or welfare, or materially injurious to properties or improvements in the vicinity.

3. That the proposed Tentative Subdivision Map will be in keeping with existing and future land uses on the site.

BE IT FURTHER RESOLVED, that the Planning Commission hereby approves Tentative Subdivision Map 2022-22 (Fulton Estates), subject to the following:
1) Approval of the Fulton Estates Tentative Subdivision Map shall not become effective unless Annexation No. 2022-01 (East Tulare No. 35) - Fulton Estates is approved by the Tulare County Local Agency Formation Commission (LAFCO) and fully executed.
2) Applicant shall be responsible for providing all required LAFCO application materials and filing fees to City Staff. Staff will then submit a complete application to LAFCO upon approval by the City of Tulare City Council.
3) Applicant shall be responsible for the payment of California State Board of Equalization fees as required by LAFCO fol all approved annexations. 4) Applicant to comply with all mitigation measures within the Initial Study/Mitigated Negative Declaration prepared for the project, which are hereby incorporated as Conditions of Approval.

Final subdivision map proposed to be recorded shall be in substantial conformance with the approved tentative map.

Applicant shall comply with Engineering and Fire Department comments/conditions (Attachments V and VI).

Resolution 5435
Page2
5)
6)
Terrtative Subdivision Map- 2A22-22- Fulton Estates

7.6 Consent Page 3
Applicant to meet requirements of Caltrans letters dated August 19,2022 and December 16, 2021 .

Adequate permanent or temporary fire protection facilities as approved by the Fire Chief, shall be installed prior to the issuance of any building permits and prior to the storage of combustible materials on site.

Final acceptance of the tract shall be contingent upon the subdividers' providing within and/or outside the tract, drainage disposal facilities, as requiled to receive drainage and dispose for drainage and storm waters from this tract. Said facilities shall be subject to the approval of the Public Works/Engineering Department.

Applicant shall establish a landscape maintenance district prior to the recordation of the final map. All landscape plans within the landscape maintenance district shall be consistent with city standards and approved by the Community and Economic Development Director andlor the City Engineer.

Applicant shall record a note on final map indicating that all residential lots are subject to a landscape maintenance district pursuant to the Landscape and Lighting Act.

Applicant shall record a document notifying homeowners that the subject property is within a landscape maintenance district.

Applicant shall submit four copies of a landscape and irrigation plan consistent with the City's landscape ordinance.

Six-foot public utility easements shall be granted along all front yards as required for public utilities.

Final subdivision map shall depict all easements
The applicant shall comply with the requirements of the Public Works Director and City Engineer regarding sewage disposal and water supply facilities.

All lots shall meet the provisions of the applicable zoning district.

Street nalnes will be consistent with street nal'nes approved by the Street Naming Cornmittee, and approved by the Cornmunity & Econornic Development Director.

Applicant to record a "Right to Farm" notice on final map.

The site plan provided for the commercial portion of the development is a 'concept' only. Specific developrnent will be required to be submitted for review by tlie Site Plan Review Committee and may require additional

Page 3 ends

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Resolution 5435
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 4
2t)
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entitlement applications to be approved by the City of Tulare Planning Cornmission prior to issuance of permits.

A 7-foot block wall with backing lot treatment required along Tulare Avenue (SR 137) and Oakmore Street. Final block wall design is sub.ject to the Comrnunity & Economic Development Director's approval.

Applicant to comply with San Joaquin Valley Air Pollution Control District regulations regarding dust control during construction.

Applicant to comply with San Joaquin Valley Air Pollution Control District Rule 9510 for the final map.

Applicant to provide and locate mailbox clusters as approved by the U.S Postmaster, Tulare.

The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions.

Pursuant to Government Code Section 6602O(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and other exactions. The Owner/Developer is hereby notified that the 90-day protest period, commencing from the date of approval of the project, beings as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirements, reservation requirements, or other exactions contained in this notice, cornplying with all the requirements of Government Code Section 66020, the Owner/Developer will be legally barred from later changing such exactions.

Applicant to provide a retaining wall wherever adjacent lot grades exceed six inches.

Engineering:

The Engineering Division recommends the following Site Plan Review Status for the subject project:

I Resubmit with the following required revisions to the site plan:

I Proceed and comply with Engineering Conditions of Approval checked below. l. A 12" Master Plan waterline is required along the frontages of HWY 137 (Tulare Avenue) and Oakmore Street.

2. A 30" Master Plan storm drain line (see 2009 City of Tulare Storm Drainage System Master Plan) is shown extending east across the proposed project site along the Ryan Avenue alignment.

Resolution 5435

Page 4 ends

24)
2s)
26)
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 5

3. On the "Local Street" cross section, the 5 foot sidewalk shall be measured fi'orn back of curb. Pavement structural section shall be based on R-values and required T.I.'s., not match existing as shown in the cross sections.

4. On the "Oakmore Street" closs section, pavelnent shall be Type A and not Type B as shown in the proposed cross section.

5. On the "Tulate Avenue" cross section, the landscape and lighting district lot shall be a minimum of 10 feet wide. Additional width, up to 20 feet in total, may be required if Caltrans does not allow City utilities within their right-ofway.

6. Commercial
Standards.

7. Proceed. No applicable Engineering Conditions of Approval General flnqin eerins Conditions:

I att public improvements conditionally required for project apploval shall cornply with the provisions of Chapter 8.24 "Subdivision Regulations" of the Tulare Municipal Code, the "City of Tulare Design Guidelines and Public Improvement Standards", and all other applicable City policies, specifications, ordinances and standard operating procedures in effect at the time of their construction, unless specifically modified elsewhere in these conditions. These engineering conditions are intended to deal with major issues apparent to the Engineering Division while reviewing this development proposal. Nothing in these conditions precludes the City Engineer fiom applying other conditions/modifications necessary for good design, operation, and maintenance of existing and future City facilities, as might become apparent during design review and/or construction.

X att required engineering plans and calculations shall be preparecl by a registered civil engineer. Any elevations shown on plans required for the subject development shall be based on the official City of Tulare datum. The Engineer shall provide three (3) copies of each improvement plan set submitted to the City of Tulare fol checking.

All public improvements shall be on 24" x 36" sheets, in a plan/profile formatata scale of 1":50'or larger. Private on-site improvements may be plan-view only format, and may be on sheet sizes consistent with the rest of the on-site construction plans.

I Following approval of the improvement plans, the Developer's Engineer slial] provide the City of Tulare with an AutoCAD drawing file of the approved plans.

This shall be done plior to scheduling any pre-construction conferences or commencing construction of any improvements. Followirig the recordation of a Notice of Cornpletion for the ploject, the Developer's Engineel shall provide the City of Tulare with an AutoCAD drawing file showing all As-Built revisions approved by the City and incorporated into the construction of the project improvements.

Resolution 5435

Page 5 ends

corner parking lot configuration shall comply with City Tentative Sr"rbdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 6
f Prior to the start of construction, a meeting will be called by the City Engineer with the Owner/Developer, Contractor and all concerned including utility companies to coordinate and schedule work in older to avoid all possible delays due to conflicts of operation and to gllarantee that all City requilements are met. The Contractor shall perfonn no collstmction in the field until after this meeting.

Applicant shall obtain a Street Closure Permit fi'om tlie City. A traffic control plan prepared by a registered civil engineer, traffic engineer or traffic control specialist shall be submitted with the Street Closure Permit application, and will be subject to the approval of tlie City Engineer prior to application approval.

Reouired Data. Studies and Master Plan Documents:

X fne Owner/Developer shall submit a preliminary soils report for structural foundation, which shall be prepared by a Registered Civil Engineer based upon adequate soil test borings. Said report shall be submitted to the City Engineer or Chief Building Offi cial.

X fne Owner/Developer shall have the soils investigated and rnake recommendations as to the correct method of trench backfill for the soils encountered in the subdivision so as to assure 90Yo relative compaction between the select bedding around the pipe to within 2 feet of the subbase. The top 2 feet shall be compacted to 95Yo relative compaction. Compaction tests are required on all trenches and street subgrades. All soils testing shall be performed at the sole cost of the Owner/Developer. The Owner/Developer shall establish an account with a licensed and certified soil-testing firm acceptable to the City Engineer prior to the start of construction fol compaction testing of trench backfill and fills. The City sliall order and direct all compaction tests.
f R-Value tests shall be taken for the design of all pavement areas to be constructed by this project. The spacing of said R-Value tests shall not be more than 400 feet apafi, per linear foot of paving.

Percolation tests are required for the design of new drainage basin facilities, or the expansion of existing drainage basin facilities.
f Project trip generation data based upon the ITE Trip Generation Manual is required.

A Transportation Impact Study identifying the project impacts and proposed mitigation measures may be required as a condition of project approval, and shall be subject to the approval of the City Engineer. Traffic impact studies shall conform to current CEQA "state of the practice" standards, the caltrans "Guide For The Preparation of Traffic Impact Studies", and City of Tulare General Plan requirements Traffic impact studies shall address provisions for pedestrian, bicycle and transit access to the project. In evaluating project irnpacts to existing roadway facilities, traffic impact studies shall utilize the current transpoltation rnodeling forecasts provided by the Tulare County Association of Governments (TCAG), and shall Resolution 5435

Page 6 ends

Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 7
specifically addless the project impacts and any appropriate rnitigations to facilities identified by the City Engineer.
f fne Transportation Impact Study (TIS) prepared for the project indicated that tlie intersectiou of Tulare Avenue (State Route 137) and Oakmore Street is operating at Level Of Service (LOS) "E" in the PM Peak Hour under existing conditions.

Furthermore, the Peak Hour traffic signal warlant was found to be met for the intersection. In theil letter dated August 19,2022, Caltrans recommended that improvements to the intersection of Tulare Avenue and Oakmore Street be constructed as opening day improvements. Based upon that recommendation, along with General Plan Policy TR-P2.3, which states that the City shall maintain a Level of Service of "D" as the minimum desirable service level for freeways, arterial streets and collector streets, the Engineering Division concurs with the recommendation for opening day intersection improvements for the proposed project. An Intersection Control Evaluation (ICE) study subject to the review and approval of Caltrans is required to determine what those improvements will be.
ffi Cornpaction tests are t'equired on all street subgrades, and at utility trench crossings of curb, gutter and sidewalk. All soil testing shall be performed at the sole cost of the Owner/Developer.

I Master Plan drawings are needed for: X Water, f Sewer, I Storm Drain, f Streets
Risht of Wav Requirements
X any work to be done within the City street rights-of-way requires an encroachment permit issued by the Engineering Division, and shall be done under the inspection of the City Public Works Inspector. All contractors working within City street rights-ofway shall possess a valid City of Tulare business license. Separate encroachment pelmits are also required from the following agencies for work within their rights-ofway or on their facilities: ! County of Tulare:
_, X State: Tulare Avenue
(State Route 137), f] Tulare Irrigation District.
f fne following r"ight-of-way dedications are required for street/alley purposes:
20' property corner radius:

Chamfer property conler:
137) and Oakmore Street.
20' Chamfer at the corner Tulare Avenue (State Route
Alley:

Street: Tulare Avenue (State Route 137) - In accordance with Caltrans letter dated August 79,2022, an additional dedication of 28 feet is required to provide for a total right-of-width of 73 feet.

Resolution 5435
PageT
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 8
Oakrnore Street ultimate light-of-way is 112' (51' and 61' fi'om centerline on the west aud east side of the street respectively). An additional right-of-way dedication of 26' will be requiled.

I waiver of direct access rights is required at the following locations:
ffi Easements will be required for all public utilities to be located outsicle of dedicated rights-of-way. Six-foot public utility easernents are required along all street frontages, unless otherwise waived by the City Engineer. Additional easements may be lequired lor ingress/egress, drainage, or shared trash enclosllres.

Final Man rements
I Subrnit to the City of Tulare a title report for the parcel(s) to be developed.

I Submit closures and tabulation of areas (square feet) of all lots within the subdivision.

A blue line area shall also be submitted.
f Provide the City of Tulare with three (3) prints of the final map of the subdivision, and three (3) prints of the improvement drawings for final checking. f Following the approval of final subdivision or parcel maps, the Developer's Licensed Surveyor or Engineer shall provide the City of Tulare with an AutoCAD drawing file of the approved final map, or GIS shapefile for the related parcels included on said final map.

X a City Clerk's Certificate is required on the final map for required dedications.

X a Public Works Certificate required on the final map if improvements are not constructed prior to recordation. This provision would require an engineer's estimate and an improvement security.

Roadwav ImDrovements
f Street design shall conform to City of Tulare Design Guidelines and Public Improvement Standards The structural section design for new roadways and pave-out areas shall be based upon the results of R-Value tests at locations approved by the City Engineer, and the design criteria provided below. Minimum structural sections allowed shall be per the City of Tulare Design Guidelines and Public Improvement Standards:

Roadway Classification
Traffic
lndex
Paved Width
(curb face to
curb face)
a) Tulare Avenue (State
Route 137) State Highway
Resolution 5435
Page B
Per
Caltrans
Tentative Subdivision Map- 2022-22- Fulton Estates
Per Caltrans

7.6 Consent Page 9
b) Oakmore Street Major Arterial 10.0 78 Feet
X at opening day improvetnents for any portion of the proposed ploject, construct intersection improvements at the intersection of Tulare Avenue (State Route 137) and Oakmore Street as identified and approved by Caltrans through the Intersection Control Evaluation (ICE) process.

I Construct full pave-out width fi'orn lip of gutter to the existing edge of pavement on the following existing roadways impacted by the development is required: _.

I Reconstruct/rehabilitate the following existing roadway segments impacted by the development in accordance with methods to be approved by the City Engineer:

Oakmore Street fi'o south boundarv of subdivision to Tulare Avenue (State Route 137).

Provide stabilized shoulders along the following existing roadway segments in accordance with the City of Tulare's adopted PM-10 control guidelines:

I Backing lot treatrnent with common area landscaping, irrigation and block wall improvements shall apply to the following frontages: Tulare Avenue (State Route 137). Oakmore Street.

I Install median improvements per the requirements of Caltrans within Tulare Avenue (State Route 137).
f Provide pavement transitions from existing roadway closs-sections to new roadway cross-sections per the requirements of the City Engineer at the following locations:

Tulare Avenue (State Route 737. as reouired bv Caltrans) Oakmore Street. f Curb and Gutter - Existing curb and gutter to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developel shall be required to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked or laised concrete, and lack of truncated dome panels. New City Standard curb and guttel shall be constructed as indicated below.

I Construct City standard cross glltter at the following locations:
f Drivewa), Approaches - Existing ch'iveway approaches to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Resolution 5435

Page 9 ends

Street Frontaqe(s) Confiquration
Tulare Avenue (State Route 137) Per Caltrans
Oakmore Street Barrier Per City Std
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 10
Owner/Developer shall be required to replace any existing ir-nprovements that are detemrined to be non-compliant with regard to current City standards, or to be otherwise def'ective. Exarnples of deficiencies include, but are not lirnited to, slopes that exceed accessibility standards, cracked or laised concrete, and lack of truncated dome panels. New City Standard driveway approaches shall be constructed as indicated below.
f Sidewalks - Existing sidewalk to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owner/Developer shall be required to replace any existing improvements that are determined to be noncompliant with regard to current City standards, or to be otherwise defective.

Examples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, and cracked or raised concrete. New City Standard sidewalk shall be constructed as indicated below. For adjacent sidewalk pattern, sidewalk shall transition behind driveway approaches and maintain a minimum width of 4 feet while doing so.

Street Frontaqe Confiquration Sidewalk Width
(fl)
Tulare Avenue (State Route '137) Per Caltrans '10 Feet
Oakmore Street Parkway Pattern 6 Feet
f Ramped Curb Retur"ns - Existing ramped curb returns to remain shall be subject to inspection by the City Public Works Inspector. As a condition of project approval, Owter/Developer shall be lequired to replace any existing improvements that are determined to be non-compliant with regard to current City standards, or to be otherwise defective. Exarnples of deficiencies include, but are not limited to, slopes that exceed accessibility standards, cracked ol raised concrete, and lack of truncated dome panels. New City standard ramped curb returns and/or pedestrian ramps shall be installed at the following locations:

Resolution 54-15
Page10
Street Frontaqe(s)
Tulare Avenue (State Route 137) - ln accordance with Caltrans letter dated August 19, 2022, driveway approaches on Tulare Avenue shall maintain the minimum access spacing of 427 feeL between access points (driveways), and maintain the minimum corner clearance distance of 344 feet from the iniersection of Tulare Avenue and Oakmore Street.

Oakmore Street - ln accordance with City Standard Drawing No.2110, commercial driveway approaches on Oakmore Street shall maintain a minimum corner clearance distance of 50 feet from the intersection of Tulare Avenue and Oakmore Street as measured from the beginning of the curb return.

Local Streets - One per residential lot, per City Standards.

Location Confiquration
Tulare Avenue (State Route 137) and Oakmore Street Directional, Per Caltrans Requirements.

Local street connection to Oakmore Street Directional, 20' radius, Per Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 11
City Standards
Alley implovements - The following alley improvernents are required:

1. Construct vee gutter at the following locations:

2. Construct ADA compliant alley apploach at the following locations: _

3. Other:

I Street monuments - Street monnments shall be installed at locations as required bv the City Engineer.
! Temporarlr Turnarounds - Turnarounds are lequired at all dead end or stubbed streets, except where refuse pickup on lot fi'ontages does not require the refuse collection vehicle to back up. Grants of easement shall be provided to the City of Tulare for all temporary turnaround locations.

X to Street Im - If work by the Owner/Developer or his
contractors render any existing City street to be in a condition unacceptable to the City Engineer, or his authorized representatives, said street must be restored to a condition as good as or better than before the development's construction activities began. Said repair work must be completed within 2 weeks of the damage having occurred, or in accordance with a schedule authorized by the City Engineer.

Thenceforth, the Owner/Developer shall maintain the street in its repaired state for the duration of the development's construction activities. ffi Street Lights - Street lights shall be owned and maintained by Southern California Edison, and shall be installed at locations designated by the City Engineer per the City of Tulare Design Guidelines and Public Improvement Standards. Luminaires shall be LED fixtures mounted on standard concrete rnarbelite poles, and shall comply with the following general requirements:

Roadway
Classification Wattage
Color
Rating
(kelvin)
Minimum
Lumens
Mounting
Height
Mast Arm
Length
Local Streets 31 Watt 4,000 4,000 26 feet 6 foot
Collector
Streets
39 Watt 4,000 5,000 26 feet B foot
Minor
Arterial
Streets
39 Watt 4,000 5,000 32 feet 8 foot
Arterial
Streets
71 Watt 4,000 8,500 32 feet B foot
Resolution 5435
Page11
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 12
Traffic Signal 4,000 15,000 Varies Varies
f Traffic Control Devices - Street name signs, traffic control signs, pavernent delineation and/or pavement rnarkings shall be installed as required by the City Engineer.

Traffic Calrn ins Measnres The proposed development shall incorporate the following traffic calming measul'es:
f Bicvcle and Pedestrian Facilities - The proposed development shall incorporate the following bicycle/pede strian facilities: Bicvcle rack for the retail buildins at the commercial corner
Transit Facilities - The proposed development shall incorporate City standard bus turnout(s) at the following location(s):

Gradins uirements
X a grading/drainage plan prepared by a Registered Civil Engineer or Licensed Architect and subject to approval by the City Engineer shall be submitted. The plan shall include existing and proposed contours, and detail the means of collection and disposal of storm water runoff fiom the site and adjacent road frontages in such a manner that runoff is not diverted to adjacent property. On-site retention of storm waterlunoff is I required f notrequired.

A letter verifvins lot sradins was comoleted accordins to approved sradins / drainase nlarr shall be oreoared bv a Resistered Civil F,nsineer or Licensed Architect tted to the Ci issuance of final
permits or notice of completion for oublic improvements. The Engineer or Architect stam and seal to the I
X fne maximum slope adjacent to the back of any public sidewalk shall not exceed 5:1 for the first 5 feet. For Landscape and Lighting Act Distlict parcels, the maximum slope between the back of the sidewalk and the wall or fence shall not exceed 10:1.

Utilifv Improvements
X att utility services to be located within paved areas shall be placed in the streets prior to paving.
f fne Owner/Developer must make provisions for the installation of a gas distribution system in all streets and at the sizes detelrnined by the Southern California Gas Company.
f att costs associated with the removal, relocation ancl undergrounding of utilities as necessary to accommodate installation of the required public improvements shall be the responsibility of the project. All utility lines, including but not limited to electric, Resolution 5435
Paget2
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 13
communications, street lighting and cable television, shall be required to be placed underground in accordance with Section 8.24.500 (M) of the City of Tulare Municipal Code. The cost of such relocations and undergrounding shall be included in the bonding provided for the project. The following stleets have above ground utilities that will need to be undergrounded:

Water System Requirements
f Water main alignments shall be 6 feet south and/or west of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following water main extensions and connections: _ f Pressure, leakage, and purity tests are required on all City water system installations at the sole cost of the Owner/Developer.

I nire hydrants and fir'e suppression systems shall be provided as required by the City of Tulare Fire Marshall. The proposed development shall demonstrate that sufficient flows are available to support the required improvements. All points of connection to the Citv water svstem are subiect the aoproval of the Citv Ensineer X fne proposed development shall install water services with back flow devices, as approved by Planning and Building. Water sizing calculations shall be provided at tirne of building pennit application. Domestic and landscaping services shall be separate metered services using the make and model of meter specified by the City of Tulare Public Works Department. No substitutions are allowed. All R-M-2 lots shall require individual water services (1 %* minimum) with meter boxes.

I Water sampling stations shall be installed as fol]ows: Per Public Works Director. f Existing water wells shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.

Sewer System Req uirements
f Sewer main alignments shall be 1l feet north and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following sanitary sewer main extensions and connections: _ I fne proposed development shall connect to City sewer. If service fi'orn an existing lateral is proposed, said lateral shall be exposed for inspection by the Public Works Resolution 5435
Page13
Street Location
Tulare Avenue (State Route 137) Along the project's frontage Oakmore Street Along the project's frontage
Southern Boundary (if above ground utilities are
located on the project site)
Along the project's frontage
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 14
Iuspector and upgraded to current City standalds if found to be broken or substandard.

X att sewer lines shall pass both mandrel and air pt'essure tests, and shall be subject to video inspection by developer and reviewed by the City's Public Works Inspector.

X a sewer monitoring station, oil/sand/water separator and/or grease interceptor shall be installed as required by the wastewater manager.
f Existing septic tanks shall be abandoned, filled and sealed in accordance with applicable City, County of Tulare, and State of California standards.

Storm Drainage System Requirements
f Storm drain alignments shall be 6 feet norlh and/or east of street centerline unless otherwise approved by the City Engineer. The proposed development shall be responsible for the following storm drain line extensions and connections:

I att storm drain lines shall be subject to video inspection by the developer and reviewed by the City's Public Works Inspector.

Landscanins and Requirements
X a landscape & irrigation master plan for all phases of the subdivision shall be submitted with the initial phase to assist City staff in the formation of the Landscape & Lighting District. The landscape & irigation master plan shall be approved by the Director of Parks and Community Services a minimum 75 days before approval of the final map or approval of the improvement plans (whichever comes first).

X a Landscape & Lighting District will maintain common area landscaping, common area irrigation systems, common area block walls, street trees, street lights and local street maintenance. The Owner/Developer shall submit a completed Landscape & Lighting District application and all necessary calculations and supporting documentation for the formation of a the district a minirnum of 75 days before approval of the final map or approval of the improvement plans (whichever comes first). Dedication to the City is required for all landscape and common area lots to be maintained by the Landscape & Lighting District.

Im rovements er
f On-site A.C. pavement design shall be based upon the results of "R" Value tests at locations approved by the City Engineer, and the following minimum traffic index requirements: 4.5 for parking areas/travel lanes and 5.0 for truck routes (including path of travel of solid waste collection vehicles).

X att on-site water, sewer, and storm drain shall be plivately owned. All City owned water meters shall be located within the Citv's ROW.

Resolution 5435
PageL4
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 15
I Att unused culverts and irrigation lines shall be abandoned and plugged in a manner acceptable to the City Engineer.

X a trash enclosure is lequired ancl shall be shown on the improvement drawings. The type, location and ot'ientation of the enclosure shall be subject to the approval of the Solid Waste Division Manager. For doublewide enclosures, separate bins are required for solid and recyclable waste, and identification signing shall be posted adjacent to all points of direct access. The wording of the signing shall be clear and concise, and shall identify all rnaterials accepted in the recycling bin.

X a landscaping plan subject to the review and approval of the Planning and Building Divisions shall be provided. Approval of the landscaping plan is required prior to approval of engineering improvement plans by the City Engineer. All existing trees that conflict with proposed improvements shall be removed to a depth of two (2) feet below proposed finish grade.

X ff applicable, existing irrigation ditches and/or canals shall be piped, developed into a trail, or lelocated outside the project boundalies per the direction of the City Engineer and affected irrigation district. Related irrigation facilities shall be subject to the same lequirements for piping ol relocation.

X ttt conformance with the City of Tulare's adopted air pollution control measllres, a sign instructing delivery vehicle ddvers to turn off their vehicle's engine while making deliveries shall be prominently posted at the location where deliveries are received.
f Fugitive dust shall be controlled in accordance with the applicable rules of the San Joaquin Valley Air Pollution Control District's Regulation VIII. Copies of any required permits will be provided to the City.

X tf the project requires discretionary approval fiorn the City, it may be subject to the San Joaquin Valley Air Pollution Control District's Rule 9510 Indirect Source Review per the rule's applicability criteria. A copy of the approved AIA application shall be provided to the City.

X ff the project meets the one acre of disturbance criteria of the States Storm Water Program, then coverage under General Permit Order 2009-0009-DWQ is required and a Storm Water Pollution Prevention Plan (SWPPP) is required. A copy of the approved permit and the SWPPP shall be provided to the City. When construction activities are not covered under the General Permit, stonn water pollution control shall be implernented per the requirements of the City's Municipal Separate Storm Sewer System (MS4) permit.
ffi fne conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirerrlents, and othel exactions. Pursuant to Government Code Section 66020(d)(a), these conditions constitute a written notice of the amount of such fees, and a description of the dedications, reservations, and othel exactions.

Resolution 5435
Page15
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 16
The Owner/Developer is hereby notified that the 90-day protest period, commencing liorn the date of approval of tlie project, begins as of the date of Planning Commission's conditional approval of the project. If the Owner/Developer fails to file a protest regarding any of the fees, dedication requirernents, reservation requirements, or other exactions contained in this notice, complying with all the reqnirements of Government Code Section 66020, the Owner/Developer will be legally barred frorn later challenging such exactions.

Oversize nstruction
f fne conditions of project approval require the construction of facilities which have been designated as "masterplan facilities" by the City Engineer, and as such the Owner/Developer may be eligible to receive reimbursement for oversized construction costs in accordance with Chapter 8.64 "Oversized Construction Reimbursement" of the Tulare Municipal Code, and the oversized construction reimbursement policies of the Engineering Services Department. Eligibility for any reimbursement of oversized construction costs is subject to the City Engineer''s review and approval of costs prior to installation. Within 90 days following the notice of completion of the project, the Owner/Developer shall file with the City Engineer a financial statement, in the form specified by the City Engineer, stating and supporting the cost of constructing the oversize improvements. If the financial statement is not filed within this time period, the Owner/Developer shall not be eligible for any reimbursements. Oversize payments will be made in accordance with a separate oversize reimbursement agreement to be executed after completion of all subdivision improvements. Payment will be subject to the availability of funds.

Fees
All applicable City fees shall apply unless specifically waived or modified elsewhere in these conditions. All fees shall be based on the current fee schedule in effect at the time of final map recordation or upon the date of issuance of other discretionary permit, whichever is applicable. These fees include, but are not limited to:

Sewer fi'ont foot charges of $ 26.00 per front foot for fi'ontages on _.

Sewer lift station fee of $ _ per acre.

Water fi'ont foot charges of $ 17.50 per front foot for fiontages on _.

Street front foot charges of$ _ per fiont foot for frontages on _ Benefit district creation fee (if applicable): $ 1.356.00 per district.

Traffic signal in-lieu fee of $ _.

TID ditch piping in-lieu fee of $
Resolution 5435
PageL6
Terrtative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 17
Sewer main construction in-lieu fee of $
Water main construction in-lieu fee of $
Street construction in-lieu fee of $
f Engineering inspection fee based on a percentage of the estimated cost of construction is required prior to the construction of the improvements. f Development impact fees to be paid with building permit at rates in effect at time of pelmit issuance.
f Engineering plan check fee to be paid at time of plan submittal.

X f inal map plan check fee to be paid at time of map submittal. f Other: Landscape & Lighting District application fees.

Prepared By: Jan Bowen, Engineering Department
Fire
The Fire Prevention Bureau conveys the following site plan comments for SP 21-117, Fulton Estates:

1. The project must comply with all of the latest applicable codes and standards

2. When any portion of the facility or building to be protected is more than 400 feet from an existing fire hydrant on a fire apparatus access road as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

3. Additional fire hydrants shall be required. Fire hydrant spacing shall be as follows:
a. Residential development, fire hydrants shall be installed at 50O-foot intervals b. Divided Highway, fire hydrants shall be installed at 500-foot alternating intervals.

4. An approved water supply for fire protection shall be made available prior to combustible materials arriving on the site.

5. An approved fire apparatus access roads shall be provided for every facility, building or portion of a building constructed or moved into or within the City of Tulare. it shall extend to within 150 feet of all portions of the facility and all portions on the exterior walls of the first story of the buildings as measured by an approved route around the exterior of the building or facility. The road shall be a minimum of20'wide and have a minimum height clearance of 13'6"
Resolution 5435
PageLT
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 18

6. All roads shall be designed and maintained to supportthe imposed loads of fire apparattts and shall be surfaced so as to provide all-weather driving capabilities.

7. The Fire Code Official is autl.rorized to requile more than one fire apparatus access road based on the potential for impainlent of a single road by vehicle congestion, coridition of terrain, climatic conditions or other factors that could limit access. Areas identified as "Fire Lanes" must be identified as such per requirements set forth in the California Vehicle Code.

8. All dead-end access roads in excess of 150 feet must be provided with an approved tum-around complying with City standards.

9. All buildings shall be provided with approved address identification. Numbers and letters shall be on contrasting backgrounds and be a minimum of 4" high.

Ryan Leonardo
Fire Marshal
October 22,2021
PASSED' APPROVED AND ADOPTED this twentv-fourth day of October. 2022 by the following recorded vote:

AYES
NOES:

ABSENT: 0

ABSTAIN
TRACI
City of
&/ D
lqn-/'
CHUC( rvy6uel, CHATRMAN
City of Tu{are Planning Commission
, SECRETARY
ing Commission
Resolution 5435
PagelB
are
Tentative Subdivision Map- 2022-22- Fulton Estates

7.6 Consent Page 19
Subdivision Improvement Agreement 1
Final Map of Fulton Estates Phase 1A
RECORDING REQUESTED BY:

City of Tulare
WHEN RECORDED MAIL TO:

City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,

NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
Fulton Estates Phase 1A, in the ) INSTALLATION AND CONSTRUCTION City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )

SUBDIVISION AGREEMENT
FINAL MAP OF FULTON ESTATES PHASE 1A
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and BN Tulare LP, a California limited partnership located at 7030 North Fruit Ave, Suite 101, Fresno California 93711, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.

RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter “Subject Property”) as follows:

BEING A DIVISION OF PARCEL 1 OF PARCEL MAP 5423 RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 31 OF OFFICAL RECORD LOCATED IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 20 SOUTH, RANGE 25 EAST, MOUNT DIABLO MERIDIAN, IN THE COUNTY OF TULARE, STATE OF CALIFORNIA.

B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.

C. Subdivider desires and agrees to complete the improvements required by Resolution 5435 for Approving Tentative Subdivision Map 2022-22 Fulton Estates dated October 24, 2022 and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.

D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have subordinated their interest and all records of subordination, if any, are attached hereto and made a

7.6 Consent Page 20 ATTACHMENT 2
Subdivision Improvement Agreement 2
Final Map of Fulton Estates Phase 1A
part of this Agreement.

AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said Fulton Estates 1A Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals,

7.6 Consent Page 21
Subdivision Improvement Agreement 3
Final Map of Fulton Estates Phase 1A
iv) Fully functional storm drainage lines and facilities, v) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vi) All lot corners marked.
b) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.
7) Requirements for approval of Certificates of Occupancy. No Certificates of Occupancy shall be approved by the City for any building permit issued on any lot of the Subject Property until the following requirements are satisfied:
i) The requirements of section 6, subsection (a), above have been satisfied, and ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and drainage basin fencing. 8) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 9) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 10) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as oblige, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of

7.6 Consent Page 22
Subdivision Improvement Agreement 4
Final Map of Fulton Estates Phase 1A
Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h). 11) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.

Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
12) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of final acceptance of the Improvements by City. Prior to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit “A”, and shall be released one year following final acceptance, less any amount required to remedy defective work. 13) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement.
b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of City, its officers, officials, employees, agents or volunteers. c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of paragraphs “a)” and “b)” of this Section.

7.6 Consent Page 23
Subdivision Improvement Agreement 5
Final Map of Fulton Estates Phase 1A
14) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager.

Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit “D”.

If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected.

All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.

Evidence of Insurance provided by Subdivider and his/her/its insurer shall clearly state that termination or suspension of insurance coverage may not occur until at least thirty (30) days following written notice to the City of the intent to terminate or suspend coverage. 15) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public Improvement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 16) Inspections. City shall inspect all Improvements. All Improvements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public Improvement Standards. In the event there are no applicable Design Guidelines and Public Improvement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
17) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Tulare Municipal Code, City Charter, and Building Codes. 18) Prevailing Wages. Subdivider shall:

a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Improvements”).
19) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage. 20) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for

7.6 Consent Page 24
Subdivision Improvement Agreement 6
Final Map of Fulton Estates Phase 1A
any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
21) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
22) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
23) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
24) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 25) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder. 27) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 28) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *

7.6 Consent Page 25
Subdivision Improvement Agreement 7
Final Map of Fulton Estates Phase 1A
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.

CITY OF TULARE BN Tulare LP, a California limited partnership a Municipal Corporation Bonadelle Homes, Inc., a California corporation Its General Partner

By: By:

Marc Mondell, City Manager John A. Bonadelle, President ATTEST:

Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)

7.6 Consent Page 26
Subdivision Improvement Agreement 8
Final Map of Fulton Estates Phase 1A
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

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

7.6 Consent Page 27
Subdivision Improvement Agreement 9
Final Map of Fulton Estates Phase 1A

SUBORDINATION

The undersigned as holder of the beneficial interest in and under that certain Deed of Trust recorded on { , 20 }, in the office of the Tulare County Recorder, as Document No. 2024- 0025557 of which the Deed of Trust in, by and between BN Tulare LP, a California limited partnership, as Trustor, Old Republic Title Company, as Trustee and U.S. Bank National Association, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Fulton Estates 1A Subdivision Agreement for the Final Map of Fulton Estates Final Map.

DATED: ____________________, 20___

BENEFICIARY
U.S. Bank National Association, a national banking
association

By: ________________________________________
Jenny D. Saubert, Senior Vice President

7.6 Consent Page 28
Subdivision Improvement Agreement 10
Final Map of Fulton Estates Phase 1A
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

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

7.6 Consent Page 29
EXHIBIT "A"
Estimated Improvement Costs & Security Requirements
FULTON ESTATES SUBDIVISION PHASE 1A
Bond Type Required Bonding
Amount
* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above. ** Maintenance bond is required at the time the improvements are accepted by the City.

Performance Bond Amount*
(10% of Completed Work + 100% of Uncompleted Work) $1,689,024.60 Payment Bond Amount*
(50% of Uncompleted Work) $844,512.30
Maintenance Bond Amount**
(10% of Required Improvements ) $168,902.46
1 7.6 Consent Page 30
Item
Total Estimated
Cost of Oversize
Improvements
Street Oversize Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Roadway Excavation (x" vs y") Material Cost for Supplemental Aggregate Base Material (x" vs y") Material Cost for Supplemental Asphalt Concrete Material (x" vs y") Supplemental Right-of-way Dedication (x s.f. vs y s.f.) Traffic Signal Improvements:

Other:

Sanitary Sewer System Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Sewer Main Size
Material Cost for Supplemental Sewer MH Size (Type II vs Type I) Lift Station Improvements:

Force Mains:

Storm Drain System Improvements, including but not limited to: $667,570.00 Street Name: Ryan Ave., Elberta St., Sierra Ave., and Onrario St.

Regional storm drain mains (30" diameter)
Regional storm drain manholes (Qty. = 8)
Ponding Basin (Land Cost, Excavation, Fencing, Frontage Improvements):

Alpine Master Plan Excavation and Improvements
Lift Station Improvements: N/A
Force Mains: N/A
Water System Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Water Main Size
Material Cost for Supplemental Water Appurtenances
Well/Storage Tank Site (Land Cost, Frontage Improvements) Total Estimated Oversize Costs $667,570.00
EXHIBIT "B"
Estimated Oversize Improvement Costs
FULTON ESTATES SUBDIVISION PHASE 1A

7.6 Consent Page 31
Account No.

Transaction No. R/C No. Description of Charge Quantity Unit Cost Total Amount TBD Improvement Plan Check Fees 1 $27,351.00 $27,351.00 TBD Final Map Plan Check Fees 1 $10,277.00 $10,277.00
001-3247-001 1391 S-29 Public Inspection Fee 1 $39,830.49 $39,830.49 010-3265 3060 Backflow Test 0 $91.00 $0.00
010-3270-3 3073 Water Pressure Test 2 $264.00 $528.00
010-3270-004 3074 Water Purity Sample 11 $227.00 $2,497.00 015-3265 3420 Sewer Front Foot 0 $28.00 $0.00
010-3265 3060 Water Front Foot 0 $19.00 $0.00
001-3265 9260 Street Front Foot 0 $0.00 $0.00
001-3252-002 1472 S-37 Benefit District Creation 0 $1,458.00 $0.00 015-260-047 9260 Del Lago - Hillman St 0 $0.00 $0.00
001-260- 9260 Storm Drain Benefit District 0 $0.00 $0.00 001-260 9260 T.I.D. Benefit District 0 $0.00 $0.00
001-260-053 9260 T.I.D. Ditch Piping 0 $0.00 $0.00
001-3249- 141 Storm Drain Acreage 0 $0.00 $0.00
001-260-055 9260 Off-site Street Improvements 0 $0.00 $0.00 001-3266-000 1611 Street Signs (Street Names per blade) 22 $276.00 $6,072.00 001-3120-2 1252 Street Easement/Abandonment 0 $1,791.00 $0.00 TOTAL $86,555.49
LESS PREVIOUSLY PAID $0.00
LESS CREDITS $0.00
AMOUNT DUE $86,555.49
Non-Bonded Improvements
Other
EXHIBIT "C"
FULTON ESTATES SUBDIVISION PHASE 1A
Inspection, Testing and Construction:

Plan Check Fees:

Front Foot Fees
Benefit Districts
In-Lieu Fees

7.6 Consent Page 32
Coverage Afforded Limits of Liability
Worker’s Compensation: Statutory
Commercial General Liability Insurance Including:
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including:
a) Non-owned
b) Leased
c) Hired Vehicles
$2,000,000 Bodily Injury and
Property Damage, Combined Single
Limit
$2,000,000 Bodily Injury and
Property Damage, Combined Single
Limit
EXHIBIT "D"
Minimum Insurance Requirement, Converge Types, and Amounts FULTON ESTATES SUBDIVISION PHASE 1A

7.6 Consent Page 33
5,801 sf. 1 5,401 sf. 2 5,148 sf. 3 5,148 sf. 4 5,148 sf. 5 5,148 sf. 6 5,149 sf. 7 5,149 sf. 8 5,149 sf. 9 5,149 sf. 10 5,149 sf. 11 5,149 sf. 12 5,150 sf. 13 5,150 sf. 14 5,008 sf. 15 5,883 sf. 16 6,318 sf. 17 6,289 sf. 18 11,991 sf. 19 8,506 sf. 20 5,579 sf. 215,040 sf. 22 N0°35'23"W 905.22'
N0°35'23"W 478.01' 6,447 sf. 55 5,416 sf. 56 5,416 sf. 57 5,416 sf. 58 5,416 sf. 59 5,457 sf. 79 7,151 sf. 80 6,998 sf. 81 5,380 sf. 825,971 sf. 84 5,426 sf. 87 7,039 sf. 895,311 sf. 90 5,140 sf. 91 5,852 sf. 92 6,263 sf. 93 6,122 sf. 94 6,122 sf. 95 6,048 sf. 96 5,968 sf. 97 5,872 sf. 98 5,851 sf. 99 80.38' 40.01'

60.00'

52.03'

99.13' 41.07'

80.13'

52.03'

57.15' 52.03'

52.03' 41.39' 99.04'

52.03'

52.03' 52.03'

52.03'

49.15'

52.03' 40.00'

60.00' 78.31'
127.09' 49.39' 50.05' 50.05' 22.04' 156.10'

35.41' 100.00' 157.82'
N0°35'23"W 101.58' 79.97' 79.85' 44.83' 61.84' 61.84' 61.67' 78.08' N87°37'39"W 99.07' N89°24'37"E 98.94' N87°39'45"W 60.08' N89°24'37"E 98.94' N89°24'37"E 98.95' N89°24'37"E 98.94' N89°24'37"E 98.95' N89°24'37"E 98.96' N89°24'37"E 98.96' N89°24'37"E 98.96' N89°24'37"E 98.97' N89°24'37"E 98.97' N89°24'37"E 98.97' N88°19'25"W 99.08' N88°19'25"W 99.08' N88°19'25"W 99.08' N88°19'25"W 100.77' N88°19'25"W 100.77' N88°19'25"W 75.01' N89°24'37"E 98.98' N89°24'37"E 98.98' N88°55'22"W 99.03' N0°52'42"W 127.25' N0°52'42"W 119.58' N42°31'42"W 172.17' N62°55'55"W 101.27' 99.07' N87°08'33"W 96.96' N88°19'25"W 197.85'

60.52' 61.84' 61.84' 64.05'

38.24'

40.82'

51.04'

50.04' 2.11' 4.25'

59.05' 51.04' 59.05' 79.11' N0°35'23"W 248.24'

77.65' 59.05' 50.04' 60.05' N0°35'23"W
N0°35'23"W 256.33' C2
<N0°46'18"E 157.06'> N87°39'45"W 300.45'

29.02' 29.02'
N0°35'23"W 248.57'

83.35' 42.04' 52.04' 52.04' 52.04' 52.04' 62.85' 52.04' 52.04' 52.04' 52.04' N88°19'25"W 271.01' 101.38' 101.08' 101.08' 101.38' 76.70' 75.80' 82.16' 80.27' 39.24'

40.82' 50.04'

60.05' 81.85'

50.04' 59.05' 81.70' N0°35'23"W 10.00' R N0°55'29"W 10.00' R 73.83' 54.96' 128.04' 128.04'<N89°13'42"W 564.52'> 127.49' 39.05' N88°19'25"W 202.46' N88°19'25"W 152.50' 246.79' N88°19'25"W 202.57' 101.08' 101.08' N88°19'25"W N88°19'25"W <N0°26'00"W 190.77'>
R1 R2 R3 R4 R5 R6 R7 R8R9 R10
R11 R12 R13R14R15
R16 R17 R18 R19 R20
R21 R22 R23
R24R25
R26 R27 R28 R29 R30
C1 C3 C4
C5
C6
C7 C8 C9 C10 C11 C12 C13
C14
C15 C16 C17
C18 C19 C20 C21
N0°35'23"W 104.16' N0°35'23"W 104.16'
N0°35'23"W 104.16'
WOODBRDIGE NO. 3 RM 42/86 TCR HOYT PLACE RYAN AVENUE PARCEL 4 PM 11/94 TCR PARCEL 3 PM 11/94 TCR PARCEL 4 PM 8/69 TCR 78 77 75 76 5452 53 4546 47 REMAINDER 1.61 ACRES 882.84' (880.78') 48 4950 51 PARCEL 2 PARCEL 3 PARCEL 4 SCOON PLACE EAST SIERRA AVENUE ONTARIO CIRCLE

OTTAWA PLACE
ELBERTA STREET PARCEL MAP 5423 PM 55/31 FD. 1/2" IP TAG ILLEGIBLE PER RM 41-87 FD. 1/2" IP OPEN PER RM 41-87 44 (N00°35'23"W 1309.95') <N0°35'09"W 1309.87'>

29.01' 29.01' <240.37'> 39.03' 78.08' 99.13' 29.04' 29.04'

29.06' 29.06' <181.31'> (184.14')
6' PUE
6' PUE
6' PUE 6' PUE 6' PUE 6' PUE 6,837 sf. 88 5,069 sf. 86 6,005 sf. 85 5,054 sf. 83 5,054 sf. 78 5,987 sf. 77 LOT A 23,711 sf. 29' 29' 6' PUE 29' 29' 29' 29' 29' 29' 27' 27' 27' 27' 29' 29' 29' 29'
158.21' 29' 29' 60.08' 808.44'

52.03'
308.24' 159.82'

91.39' 95.11'
135.41' 332.48' 162.43'

93.41' 97.13'

50.04' 6.27' 4.13' N88°20'10"W 1332.13' <N88°20'10"W 1332.13'> ((N88°19'25"W 1331.98')) <N0°35'09"W 1309.87'> N0°35'09"W 1309.87'
134.33' 211.81'
N0°35'23"W 213.83' 255.90' 256.50' N88°29'29"W 128.08'
241.97' 406.91' 256.33' <N86°55'02"W 129.86'> <N87°39'45"W 87.44'> N86°55'02"W 128.19' N87°39'45"W 89.12' 29' 29' <N88°19'25"W 90.06'> <S0°26'00"E 3.46'> <N89°34'00"E 58.00'> <N0°26'00"W 306.53'> <Δ=87°53'25" R=20.00' L=30.68'> <N1°40'35"E 58.00'> <N88°19'25"W 16.42'> <S0°26'00"E 112.96'> N89°24'37"E 58.00' N0°35'23"W 104.16' 82.28' N88°19'25"W 639.35' 126.95' N1°40'35"E 58.00' N88°19'25"W 77.04' N0°35'23"W 250.83' 98.78'

82.53' 114.00' 945.81' DESIGNATED REMAINDER 9.01 ac PARCEL 1 PARCEL MAP 5423 PM 55/31 253.49' R31 R32 R33 R34
R35 R36R37
R38 R39 R40 R41 R42 R43 R44 R45 R46
C22
C23
C24 C25 C26 C27 C28 C29 C30
C31 C32

87.23' 14.36' 29.00' 29.00' N87°39'45"W 92.16' 3.74' 44.81' 71.43'

29.00' 29.00'

52.04'
N0°35'23"W 104.16' 6' PUE <477.29'> ((477.25')) <215.97'> [N87°39'25"W 1267.75'] ((N87°39'45"W 1267.81')) <N87°39'21"W 1267.91'> AVENUE 232 (STATE ROUTE 137) PM 16/10 <N89°15'33"W 858.17'> ((N89°13'50"W 858.15')) [N89°14'16"W 858.27'] NE COR. SEC. 7 20/25 20' 57' N88°19'25"W 14.28'
OAKMORE STREET (ROAD 124) N0°26'00"W 1317.91' ((N00°26'00"W 1317.90')) BASIS OF BEARINGS 57' 57' RADIAL LINE TABLE SEGMENT R1 R2R3R4R5R6R7R8R9 R10 R11 R12 R13 R14 R15 R16 R17 R18 R19 R20 DIRECTION S3° 04' 58"W N89° 24' 37"E S2° 20' 15"W S89° 24' 37"W S89° 24' 37"W S2° 20' 15"W S2° 20' 15"W S89° 24' 37"W N89° 24' 37"E S1° 40' 35"W N1° 40' 35"E N89° 24' 37"E N89° 24' 37"E S46° 57' 36"W S77° 02' 43"W N73° 41' 33"W S48° 08' 22"E S89° 24' 37"W S89° 24' 37"W S1° 40' 35"W RADIAL LINE TABLE SEGMENT R21 R22 R23 R24 R25 R26 R27 R28 R29 R30 R31 R32 R33 R34 R35 R36 R37 R38 R39 R40 DIRECTION N1° 40' 35"E N89° 24' 37"E N89° 24' 37"E S46° 57' 36"W S74° 48' 48"W S71° 27' 38"E S48° 08' 22"E S89° 24' 37"W S89° 24' 37"W S1° 40' 35"W N1° 40' 35"E N89° 24' 37"E N89° 24' 37"E S1° 40' 35"W S1° 40' 35"W S89° 24' 37"W S89° 24' 37"W S72° 17' 40"W S62° 48' 15"W S77° 32' 40"E RADIAL LINE TABLE SEGMENT R41 R42 R43 R44 R45 R46 DIRECTION S28° 24' 44"E S20° 43' 12"W S28° 06' 53"W N1° 30' 31"E S1° 30' 31"W N89° 24' 37"E CURVE DATA CURVE C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 LENGTH 30.13 32.44 30.39 32.44 30.62 32.21 36.30 28.35 96.16 101.06 24.08 36.30 30.62 32.21 36.30 26.25 98.58 102.85 21.98 36.30 RADIUS 20.00 20.00 20.00 20.00 20.00 20.00 49.00 54.00 54.00 54.00 54.00 49.00 20.00 20.00 49.00 54.00 54.00 54.00 54.00 49.00 DELTA 86°19'39" 92°55'38" 87°04'22" 92°55'38" 87°44'02" 92°15'58" 42°27'01" 30°05'07" 102°01'48" 107°13'55" 25°33'11" 42°27'01" 87°44'02" 92°15'58" 42°27'01" 27°51'12" 104°35'49" 109°07'45" 23°19'16" 42°27'01" CURVE DATA CURVE C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 LENGTH 30.62 32.21 30.62 32.21 14.94 8.28 34.60 42.88 42.88 6.45 23.22 32.15 RADIUS 20.00 20.00 20.00 20.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 20.00 DELTA 87°44'02" 92°15'58" 87°44'02" 92°15'58" 17°06'57" 9°29'25" 39°39'06" 49°07'56" 49°07'56" 7°23'41" 26°36'22" 92°05'54" JOB: 202155 SHEET 2 OF 2 FULTON ESTATES PHASE 1A BEING A DIVISION OF PARCEL 1 OF PARCEL MAP 5423 RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 31 OF OFFICIAL RECORDS LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 20 SOUTH, RANGE 25 EAST, MOUNT DIABLO MERIDIAN, IN THE COUNTY OF TULARE, STATE OF CALIFORNIA TSM 2022-22 BASIS OF BEARINGS THE BASIS OF BEARINGS IS BETWEEN TWO FOUND MONUMENTS ON THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 20 SOUTH, RANGE 25 EAST, MOUNT DIABLO MERIDIAN AND BEARS N00°26"00"W PER WOODBRIDGE NO. 1 AS RECORDED IN VOLUME 41 OF MAPS AT PAGE 87 OF TULARE COUNTY RECORDS. 80' SCALE: 1"= N 80' 0' 160' WITNESS CORNER FD. BRASS DISC IN CONCRETE CALIF. DIV. OF HIGHWAYS PER CR 523 MEANDER COR. FD. BRASS DISC IN CONCRETE CALIF. DIV. OF HIGHWAYS MEANDER COR. FD. BRASS DISC IN CONCRETE CALIF. DIV. OF HIGHWAYS <790.62'> ((790.56')) FD. 1/2" IP LS 5358 2.14' NORTH OF THE CENTERLINE OF HOYT PLACE. AS SHOWN ON RM 42-86 REPLACED WITH CITY STANDARD MONUMENT ON CENTERLINE <73.08'> <57.04'> LEGENDINDICATES FOUND 5/8" REBAR WITH CAP STAMPED LS 8006 UNLESS OTHERWISE NOTED SET 5/8" X 24" LONG REBAR WITH CAP LS 8006 DOWN 0.5 FEET UNLESS NOTED OTHERWISE NOTHING FOUND NOTHING SET SET 5/8" X 24" LONG REBAR WITH CAP LS 8006 DOWN 0.5 FEET ON A 5.00' OFFSET ONLINE SET 5/8" REBAR WITH CAP STAMPED LS 8006 AT ALL LOT CORNER AND POINTS OF CURVATURE SET CITY STANDARD MONUMENT STAMPED LS 8006 ( ) RECORD DATA PER WOODBRIDGE NO. 3 RECORDED IN VOLUME 42 OF MAPS AT PAGE 86 TCR OR CALCULATED THEREFROM (( )) RECORD DATA PER WOODBRIDGE NO. 1 RECORDED IN VOLUME 41 OF MAPS AT PAGE 87 TCR OR CALCULATED THEREFROM CALCULATED THEREFROM < > MEASURED AND RECORD DATA PER PARCEL MAP 5423 RECORDED IN BOOK 55 OF PARCEL MAPS AT PAGE 31 TCR BD BRASS DISC TCR TULARE COUNTY RECORDS TCOR TULARE COUNTY OFFICIAL RECORDS SNF SEARCHED NOTHING FOUND R RADIAL BEARING LINE INDICATES SUBDIVISION BOUNDARY SECTION LINE DEDICATION IN FEE TO THE CITY OF TULARE FOR STREET RIGHT OF WAY PER THIS MAP PUE PUBLIC UTILITY EASEMENT DEDICATION TO THE CITY OF TULARE PER THIS MAP ALL DISTANCES IN FEET OR DECIMALS THEREOF

7.6 Consent Page 34
ATTACHMENT 3
Staff Report
Meeting: City Council
Date: September 17, 2024
Department: Public Works - Fleet Maintenance
Submitted by: Mike Reed, Fleet Maintenance Superintendent Agenda Title: Surplus Vehicles

RECOMMENDED ACTION
Adopt a resolution authorizing the surplus of City vehicles.

SUMMARY
The Fleet Control Budget was established in order to allow the Fleet Maintenance Division to bill departments for City vehicles, to recommend replacements, and properly size and make vehicles available to departments base on their needs.

The following vehicles have been removed from service. These units have been inspected by Fleet Maintenance and have reached the end of useful life or have damage not economically feasible to repair.

Unit # Year Make Model Department Comments
0014 2011 Chevrolet Impala Police
0351 2012 Chevrolet Impala Police
0352 2012 Chevrolet Impala Police
0370 2012 Chevrolet Impala Police
3128 2018 Ford Interceptor Police Accident
0423 2012 Ford F150 Parks
0119 2013 Ford Explorer Police
0025 2012 Toyota Prius Police
0060 2008 Chevrolet Equinox Senior Services
3074 2017 BMW R1200 Police Accident
3076 2017 BMW R1200 Police Accident

FISCAL IMPACT & FUNDING SOURCE(S)
There is no fiscal impact to this approval. Staff will try to sell or dispose of the units with no cost to the City and/or with revenue from the sale.

LEGAL REVIEW
This item did not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table
If denied, the vehicles will remain at the Corporation Yard until they are approved for surplus.

Item #: 7.7
Consent

7.7 Consent Page 1

ATTACHMENTS

1. Resolution
Reviewed/Approved:

7.7 Consent Page 2
RESOLUTION 2024-XX

A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE

DECLARING CERTAIN PERSONAL PROPERTY TO BE SURPLUS AND

AUTHORIZING ITS DISPOSITION
BE IT RESOLVED by the Council of the City of Tulare, as follows:

Section 1. The property listed below is hereby declared to be surplus property of the city of Tulare.

Unit Year Make Model
0014 2011 Chevrolet Impala
0351 2012 Chevrolet Impala
0352 2012 Chevrolet Impala
0370 2012 Chevrolet Impala
3128 2018 Ford Interceptor
0423 2012 Ford F150
0119 2013 Ford Explorer
0025 2012 Toyota Prius
0060 2008 Chevrolet Equinox
3074 2017 BMW R1200
3076 2017 BMW R1200
Section 2. The Chief Financial Officer (Finance Director/Treasurer) of the City of Tulare is hereby authorized to dispose of said property and deposit any funds received in the Vehicle/Equipment Replacement funds of the City of Tulare.

PASSED, APPROVED, AND ADOPTED by the Council of the City of Tulare this 17th day of September 2024.

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

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

7.7 Consent Page 3 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: September 17, 2024
Department: Community Services
Submitted by: Brian Beck, Interim Community Services Director Agenda Title: 2024/2025 K/T AAA Agreements

RECOMMENDED ACTION
Authorize the City Manager or designee to sign agreements with the Kings/Tulare Area Agency on Aging for the City of Tulare to provide nutritional services through the 2024/2025 K/T AAA Senior Nutrition Program.

SUMMARY
Each year, the Senior Division of the Community Services Department enters into yearly agreements with the Kings/Tulare Area Agency on Aging (K/T AAA) to provide nutrition services to the seniors in our community. The Senior Nutrition Program offers hot meals, frozen delivery meals, and a variety of nutritional and educational services throughout the year.

This agreement is valid from July 1, 2024, through June 30, 2025.

FISCAL IMPACT & FUNDING SOURCE(S)
These funds, if approved, will continue to provide nutrition to the seniors of our community. On average, the Tulare Senior Community Centers provides over 5,000 meals/month to seniors in our community. With average daily meal attendance of 200 people per day, as well as delivering meals to over 60 homebound clients throughout the city limits of Tulare. In addition to nutrition, these funds will also allow for the procurement of new goods which will allow us to develop and expand our current programs and services.

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

ALTERNATIVE ACTION

1. Approve with changes

2. Table

3. Deny

ATTACHMENTS

1. K/T AAA Agreement 24/25-05
Reviewed/Approved:

Item #: 7.8
Consent

7.8 Consent Page 1
FY 2024-2025
AGREEMENT NO: K/T AAA 24/25-05
CONTRACTOR: City of Tulare

7.8 Consent Page 2 ATTACHMENT 1

Kings/Tulare Area Agency on Aging 2 Agreement No: K/T AAA 24/25-05

AGREEMENT
THIS AGREEMENT is entered into on , between the
KINGS/TULARE AREA AGENCY ON AGING, hereinafter referred to as “K/T AAA” and City of Tulare, hereinafter referred to as “CONTRACTOR,” with reference to the following Agreement.

ACCORDINGLY, IT IS AGREED:

1. TERM: This Agreement shall become effective as of July 1, 2024, and shall terminate on June 30, 2025. No obligations may be incurred after June 30, 2025.

2. ADHERANCE TO CALIFORNIA DEPARMENT OF AGING (CDA)
MEMORANDUM OF UNDERSTANDING (MOU): Contractor agrees to provide all services contracted as specified in Exhibit A, entitled ASSURANCES SPECIFIC TO K/T AAA, Section III, Contracted Award and Units of Service in the agreement in compliance with the terms of the Memorandum of Understanding between K/T AAA and the California Department of Aging, effective July 1, 2024 through June 30, 2029, attached hereto, as well as the associated Program Guide, which will be updated on a regular basis found at https://aging.ca.gov/download.ashx?lE0rcNUV0zYxSfhqitYEoQ%3d%3d. In the event that the terms of this agreement conflict with the terms of the MOU or Program Guide, the terms of the MOU and Program Guide shall prevail.

3. DEFINITIONS AND SCOPE OF WORK: Definitions and the Scope of Work for Senior Services Programs are incorporated in the MOU/Program Guide, which is made a part of this Agreement by reference.

4. BUDGET DETAIL, PAYMENT PROVISIONS, AND CLOSEOUT: Information on funding, matching funds, invoicing, program income, budgets, and budget revisions are incorporated in the MOU/Program Guide, which is made a part of this Agreement by reference.

5. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
(HIPAA): Contractor shall comply with the Health Insurance Portability and Accountability Act (HIPAA) listed in Exhibit A, entitled ASSURANCES SPECIFIC TO K/T AAA, Section IV, HIPAA Requirements, which is made a part of this Agreement by reference.

6. CONTRACT AWARD AND UNITS OF SERVICE: Contractor shall be paid an amount not to exceed TWO HUNDRED EIGHTY-NINE THOUSAND EIGHT HUNDRED THIRTY-THREE dollars ($289,833) for service categories and contracted service units that shall include, without limitation, those services as per Exhibit A, entitled ASSURANCES SPECIFIC TO K/T AAA, Section III, Contracted Award and Units of Service, which exhibit is made part of this Agreement by reference.

7. PROGRAM SCOPE OF SERVICES: Contractor shall deliver program services that shall include, without limitation, those services and service delivery methods as per Exhibit B, entitled Program Scope of Work, which exhibit is made part of this Agreement by reference.

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Kings/Tulare Area Agency on Aging 3 Agreement No: K/T AAA 24/25-05

8. REPORTING REQUIREMENTS: The Contractor shall provide planning documents, reports, and/or data as detailed in Agreement Exhibits. The schedule for submission of these documents to K/T AAA is set forth in Exhibit A, entitled ASSURANCES SPECIFIC TO K/T AAA, Section II, Reporting Provisions, which exhibit is made part of this Agreement by reference.

9. COMPLIANCE WITH LAW: Contractor shall provide services in accordance with all applicable Federal, State, and local laws, regulations, and directives, including, but not limited to, laws regarding conflicts of interest or prohibited activities, such as Government Code sections 1090 et seq., Government Code sections 81000 et seq. and regulations promulgated pursuant thereto by the California Fair Political Practices Commission, and Government Code sections 16645 et seq. (influencing union organization activities). 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. If Contractor is an individual or sole proprietorship, this Agreement is subject to the Independent Contractor reporting requirements of Unemployment Insurance Code section 1088.8. In such case, Contractor shall accurately fill out and complete the California Unemployment Development Department’s form DE-542 (“Report of Independent Contractor [s]”) and submit it to K/T AAA at the time this Agreement is executed by Contractor. Failure to provide form DE-542 with complete information by the time specified may, at K/T AAA’s option, prevent approval of this Agreement by K/T AAA, or may be grounds for its termination by K/T AAA, and K/T AAA reserves the right to offset the amount of any fines or penalties imposed on K/T AAA against any sum due or to become due.

10. INSURANCE: CONTRACTOR shall provide and keep in force during the term of this Agreement, at no expense to K/T AAA, insurance coverage as detailed in the MOU/Program Guide which is made a part of this Agreement by reference.

11. INDEPENDENT CONTRACTOR STATUS:

A. This Agreement is entered into by both parties with the understanding that Contractor will perform all services required under this Agreement as an Independent Contractor. Nothing in this Agreement shall be construed to constitute Contractor or any of its agents, employees, or officers as an agent, employee, or officer of K/T AAA, and Contractor shall advise everyone it assigns or hires to perform any duty under this Agreement that they are not employees of K/T AAA. Subject to any performance criteria contained in this Agreement, Contractor shall be solely responsible for determining the means and methods of performing the specified services, and K/T AAA shall have no right to control or exercise any supervision over Contractor as to how the services will be performed. As Contractor is not K/T AAA’s employee, Contractor is responsible for paying all required State and Federal taxes. In particular, K/T AAA will not:

1. Withhold FICA (Social Security) from Contractor’s payments.

2. Make State or Federal unemployment insurance contributions on Contractor’s behalf.

3. Withhold State or Federal income tax from payments to Contractor.

4. Make disability insurance contributions on behalf of Contractor.

7.8 Consent Page 4

Kings/Tulare Area Agency on Aging 4 Agreement No: K/T AAA 24/25-05

5. Obtain unemployment compensation insurance on behalf of Contractor.

B. Notwithstanding this Independent Contractor relationship, K/T AAA shall have the right to monitor and evaluate the performance of Contractor to assure compliance with this Agreement.

12. INDEMNIFICATION: The CONTRACTOR agrees to indemnify, defend, and save harmless K/T AAA and County of Tulare, and their officers, agents, and employees from any and all claims and losses, including any costs or expenses incurred by K/T AAA and County of Tulare, accruing or resulting to any contractors, vendors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with any activities performed for which funds from this contract were used and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the CONTRACTOR in the performance of this contract, except where such indemnification is prohibited by law.

13. ENTIRE AGREEMENT REPRESENTED: This Agreement represents the entire agreement between Contractor and K/T AAA, and no prior or 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. Should there be any conflict between the terms of this agreement and any of the exhibits, the terms of this agreement shall control.

14. 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.

15. NOTICES:

A. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission, or sent by first-class mail, postage prepaid, and addressed as follows:

K/T AAA:

KINGS/TULARE AREA AGENCY ON AGING
5957 S. Mooney Boulevard
Visalia, California 93277
Fax No.: (559) 737-4694 Phone No.: (559) 624-8075
CONTRACTOR:

City of Tulare
411 E Kern
Tulare, Ca. 93274
Fax No.: (559) 685-2329 Phone No.: (559) 685-2330

7.8 Consent Page 5

Kings/Tulare Area Agency on Aging 5 Agreement No: K/T AAA 24/25-05

B. Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first-class mail shall be deemed received on the fifth day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

16. CONSTRUCTION: This Agreement reflects the contributions of both parties and, accordingly, the provisions of Civil Code section 1654 shall not apply to address and interpret any uncertainty.

17. 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.

18. 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.

CONTRACTOR waives the removal provisions of California Code of Civil Procedure section 394.

19. WAIVERS: The failure of either party to insist on strict compliance with any provision of this Agreement shall not constitute 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.

20. EXHIBITS AND RECITALS: The Recitals and the Exhibits to this Agreement are fully incorporated into and are integral parts of this Agreement.

21. 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, 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.

22. FURTHER ASSURANCES: In addition to those assurances as set forth in the MOU/Program Guide, each party will execute any additional documents and perform any further acts as may be reasonably required to effect the purposes of this Agreement.

23. ASSURANCES OF NON-DISCRIMINATION: Contractor shall not discriminate in employment or in the provision of services on the basis of any characteristic or condition upon which discrimination is prohibited by State or Federal law or regulation.

24. ASSIGNMENT/SUBCONTRACTING: Unless otherwise provided for in this Agreement, K/T AAA 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 K/T AAA. Furthermore, the Contractor shall monitor, evaluate, and document the performance of any and all sub-contractors.

7.8 Consent Page 6

Kings/Tulare Area Agency on Aging 6 Agreement No: K/T AAA 24/25-05

25. DISPUTE RESOLUTION: If a dispute arises out of or relating to this Agreement or the breach thereof, and if said dispute cannot be settled through negotiation, the parties agree to try in good faith to settle the dispute by non-binding mediation before resorting to litigation or some other dispute resolution procedure, unless the parties mutually agree otherwise. The mediator shall be mutually selected by lot from among two nominations provided by each party. All costs and fees required by the mediator shall be split equally by the parties; otherwise, each party shall bear its own costs of mediation. If mediation fails to resolve the dispute within thirty (30) days, either party may pursue litigation to resolve the dispute.

26. SOFTWARE WARRANTY: Contractor warrants that any software furnished hereunder, or any software used by it to perform the services to be provided under this Agreement, will continue processing accurately for the term of this Agreement and any extension thereof and that the use of said software shall not cause incorrect scheduling or reporting or other improper operations or results.

27. LICENSING AND CERTIFICATION: Contractor represents that it maintains necessary licensing and certification to provide the services under contract and agrees to notify K/T AAA immediately should that status cease or should any action be initiated that may affect that status.

28. EQUIPMENT:

A. All equipment and/or non-expendable personal property (herein collectively referred to as “equipment”) purchased out of revenues provided under this Agreement shall be the property of the K/T AAA, and shall be managed in accordance with requirements MOU/Program Guide, which is made a part of this Agreement by reference. If the cost of such equipment exceeds in whole or in part FIVE THOUSAND DOLLARS ($5,000.00), Contractor shall request written pre-approval by the K/T AAA before acquisition. K/T AAA may approve or deny each such request. None of the equipment described in this paragraph, or any equipment owned by K/T AAA in possession of Contractor, may be sold, leased, rented, exchanged, licensed, loaned, or encumbered in any way without prior written permission from K/T AAA. The K/T AAA retains the right of final approval on all equipment transfers.

B. Contractor shall maintain all equipment in good operating condition and shall be responsible for all costs of maintenance and/or repair necessary to maintain said equipment in good operating condition for the normal life of the equipment. Contractor shall further arrange for adequate security measures to protect said equipment from loss or damage due to theft or vandalism, and for self-insurance, which shall name K/T AAA as additional insured and which shall be of sufficient coverage to provide for the replacement value of any said equipment due to damage or loss because of fire, vandalism, theft, or negligence.

7.8 Consent Page 7

Kings/Tulare Area Agency on Aging 7 Agreement No: K/T AAA 24/25-05

29. CONFLICT OF INTEREST:

A. Contractor agrees at all times in performance of this Agreement to comply with the law of the State of California regarding conflicts of interest or appearance of conflicts of interests, including, but not limited to, Government Code section 1090, et seq., and the Political Reform Act, Government Code section 18000 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 the making of any decision on behalf of K/T AAA in which such officer, employee, consultant, or Contractor has a direct or indirect financial interest.

A violation can occur if the public officer, employee, consultant, or Contractor participates in or influences any K/T AAA decision that 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 that raise any questions as to the applicability of conflicts of interest law, it will immediately inform the K/T AAA designated representative and provide all information needed for resolution of this question.

30. NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED
PROGRAMS: By signing this Agreement, Contractor agrees to comply with Title VI and VII of the Civil Rights Act of 1964 as amended; section 504 of the Rehabilitation Act of 1963 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977 as amended and in particular section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code section 51 et seq., as amended; California Government Code sections 11135- 11139.5, as amended; California Government Code section 12940 (c), (h)(1), (i) and (j); California Government Code section 4450; Title 22, California Code of Regulations sections 98000-98413; Title 24 of the California Code of Regulations, section 3105A(e)l the Dymally-Altore Bilingual Services Act (California Government Code sections 7290-7299.8); section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable Federal and State laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91; 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall, because of ethnic ancestry, marital status, religion, religious creed, or political belief, be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving Federal or State financial assistance; and will immediately take any measures necessary to effectuate this Agreement.

This assurance is given in consideration of and for the purpose of obtaining any and all Federal and State assistance; and the Contractor hereby gives assurance that administrative methods/procedures that have the effect of subjecting individuals to discrimination will be prohibited.

Contractor agrees to compile data, maintain records, and submit reports as required, to permit effective enforcement of the aforementioned laws, rules, and regulations, and permit authorized County, State, and Federal government personnel, during normal working hours, to review such books and accounts as needed to ascertain compliance. If there are any violations of this assurance, the State shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code section 10605, or Government Code sections

7.8 Consent Page 8

Kings/Tulare Area Agency on Aging 8 Agreement No: K/T AAA 24/25-05

11135-11139.5, or any other laws, or the issue may be referred to the appropriate Federal agency for further compliance action and enforcement of this assurance.

This assurance is binding on the Contractor directly or through contract, license, or other provider of services, as long as it receives Federal or State assistance.

31. AVAILABILITY OF FUNDS: Independent of any other right to terminate set forth in this Agreement, because this Agreement is entered into with the anticipation of certain funds being available, either locally or from the State or Federal governments, if such funding, for any reason, is no longer available, or in the event that K/T AAA determines that it does not have adequate funding, this Agreement shall terminate by K/T AAA giving written notice of immediate termination or otherwise specifying the effective date of termination.

32. GRIEVANCE POLICY: Contractor agrees to document, investigate, and resolve any and all client or potential client complaints relating to K/T AAA services. The Contractor will ensure compliance with the K/T AAA Client Complaint and Grievance Procedure, and ensure that any client complaints are referred to the K/T AAA in accordance with the procedure.

33. TRANSITION PLAN: In the event of termination, the Contractor will develop a Transition Plan as required in the MOU/Program Guide.

7.8 Consent Page 9

Kings/Tulare Area Agency on Aging 9 Agreement No: K/T AAA 24/25-05

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

K/T AAA
By___________________________ Date_____________________ Title_________________________

CONTRACTOR
By___________________________ Date_____________________ Title_________________________
By___________________________ Date_____________________ Corporations Code Section 313 requires that contracts with a corporation shall be signed by the (1) chairman of the Board, the president or any vice-president and (2) the secretary, any assistant, the chief financial officer, or any assistant treasurer; unless the contract is also accompanied by a certified copy of the Board of Directors resolution authorizing the execution of the contract.

7.8 Consent Page 10

Kings/Tulare Area Agency on Aging 10 Agreement No: K/T AAA 24/25-05

Exhibits – Table of Contents
EXHIBIT A: ASSURANCES SPECIFIC TO K/T AAA ............................................................ 11 ARTICLE I. COMMUNITY FOCAL POINTS ....................................................................... 11 ARTICLE II. REPORTING PROVISIONS ............................................................................. 12 ARTICLE III: CONTRACT AWARD AND UNITS OF SERVICE...................................... 15 ARTICLE IV: HIPAA REQUIREMENT ............................................................................... 15 SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (REQUIRED) ..................... 19 INFORMATION AND ASSISTANCE ................................................................................ 19 LEGAL SERVICES.............................................................................................................. 20 OUTREACH ......................................................................................................................... 22 SENIOR CENTER ACTIVITIES......................................................................................... 22 TRANSPORTATION ........................................................................................................... 23 SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (CATEGORY A) ................ 23 SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (CATEGORY B) ................ 24 SCOPE OF WORK: TITLE III-C: SENIOR NUTRITION SERVICES ................................ 25 SCOPE OF WORK: TITLE III-D: HEALTH PROMOTION/DISEASE MANAGEMENT . 43 SCOPE OF WORK: TITLE VII-B: ELDER ABUSE PREVENTION SERVICES ............... 44 SCOPE OF WORK: TITLE III-E: FAMILY CAREGIVER SUPPORT PROGRAM ............ 45 FAMILY CAREGIVER INFORMATION SERVICES ...................................................... 45 FAMILY CAREGIVER ACCESS ASSISTANCE .............................................................. 45 FAMILY CAREGIVER SUPPORT SERVICES ................................................................. 46 FAMILY CAREGIVER RESPITE CARE ........................................................................... 48

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Kings/Tulare Area Agency on Aging 11 Agreement No: K/T AAA 24/25-05

EXHIBIT A: ASSURANCES SPECIFIC TO K/T AAA
ARTICLE I. COMMUNITY FOCAL POINTS
A. Include the identity of each designated community focal point in subcontracts as specified in 42 USC §3026(a)(3)(B)
Designated Community Focal Point Address
Tulare County
Community Services Employment Training
(K/T AAA Information Center)
312 NW 3rd Ave., Visalia, CA 93291
Cutler-Orosi Senior Center Ledbetter Park, 12691 Ave. 408, Cutler, CA 93615
Dinuba Senior Center 437 N. Eaton, Dinuba, CA 93618
Earlimart Senior Center 712 E. Washington, Earlimart, CA 93219
Exeter Senior Center Carnegie Building, 301 S. E St.,
Exeter, CA 93221
Farmersville Senior Center 444 N. Gene, Farmersville, CA 93223 Goshen Senior Center St. Thomas Catholic Church, 6735
Ave 308,
Goshen, CA 93291
Hot Springs Capineros Senior Center 41810 Hot Springs Rd., California Hot Springs, CA 93207
Kings/Tulare Area Agency on Aging 5957 So. Mooney Blvd., Visalia, CA 93277
Lindsay Senior Center 911 N. Parkside, Lindsay, CA 93247 Porterville Senior Center 280 N. 4th St., Porterville, CA 93257 Three Rivers Senior Center Memorial Building, 43490 Sierra Dr., Three Rivers, CA 93271
Tulare Senior Center 201 N. F Street, Tulare, CA 93274
Valley Adult Day Services (formerly
Porterville Adult Day Services)
227 E. Oak Ave., Porterville, CA
93257
Woodlake Senior Center 325 E. Antelope,, Woodlake, CA
93286
Visalia Senior Center 310 N. Locust, Visalia, CA 93292

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Kings/Tulare Area Agency on Aging 12 Agreement No: K/T AAA 24/25-05

Kings County
Armona Senior Center 10953 14th Ave., Armona, CA 93202
Avenal Senior Center 108 W. Kings, Avenal, CA 93204
Corcoran Senior Center 800 Dairy Dr., Corcoran, CA 93212 Hanford Senior Center View Road Apartments, 602 9 ¼ Ave., Hanford, CA 93230
Kings County Commission on Aging 680 No. Campus Dr, Ste D, Hanford, CA 93230
Generations Lemoore Adult Day Care 1075 Blake St., Lemoore, CA 93245 Lemoore Senior Center 789 S. 18th St., Lemoore, CA 93245 ARTICLE II. REPORTING PROVISIONS
A. The Contractor shall submit program performance reports in accordance with K/T AAA requirements to the Kings/Tulare Area Agency on Aging, 5957 S. Mooney Blvd, Visalia, CA 93277, or by email to the specified K/T AAA contact. [WIC §9102(A)(5)] B. The Contractor shall have written reporting procedures to assure that all submitted performance data is timely, complete, accurate, verifiable and specific to each program which include:

1. Collection and reporting of program data for the K/T AAA;

2. Ensuring accuracy of data from the intake/assessment process through reporting to the K/T AAA;

3. Verification of data prior to submission to the K/T AAA;

4. Correction procedures; and

5. A method for collecting and reporting estimated unduplicated client counts (if applicable) and demographics for each non-registered service, total non-registered services, and total for all services (registered and non-registered).

C. The K/T AAA shall train and orient Contractor’s staff regarding program data collection and reporting requirements.

D. The Contractor shall assure that all data submitted is timely, complete, accurate, and verifiable using the K/T AAA-approved reporting procedures on the following schedule:

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1. 15th Day Each Month: Monthly service reports, expenditure reports and request for funds are due the 15th of the month following the month of service.

2. 30 days following the end of the reporting period. Quarterly narrative performance report.

3. July 10: Final monthly expenditure report and request for funds, must be marked ‘final’, year-end closeout, and Report of Property Purchased

4. K/T AAA will provide all reporting templates to Contractor.

5. All client and program data must be kept in a locked file cabinet or storage area and be made available for review by K/T AAA upon request. This may include, but not be limited to:
a. Older American Act Performance System (OAAPS) Client Intake Sheets.

K/T AAA is required to adhere to OAAPS data collection requirements by collecting and reporting specified data for all clients that receive services.

K/T AAA will provide intake sheet guides.
b. Meal Rosters
The Meal Roster is a tool that is used to account for all clients receiving a meal, per nutrition site. This includes Home Delivered and Congregate meal clients. Meal Rosters for each nutrition site will be printed out from the computerized client tracking system, CARS.

E. Reporting Provisions Specific to the Ombudsman Program The Contractor shall take the following actions, or shall require its subcontractor, the Local Ombudsman Program, to enter data into the Internet-based National Ombudsman Reporting System (NORS) utilizing software provided by CDA as required. NORS data entry must be timely, complete, accurate and verifiable.

1. Data entry for quarterly NORS reports must be completed no later than one month following the end of the reporting quarter, (i.e., October 31, January 31, April 30, and July 31). Upon request, aggregate data may be sent to the K/T AAA.

2. On or before the reporting dates, the Local Ombudsman Program must submit the Quarterly Ombudsman Data Reporting Form, (OSLTCO S301) indicating that data for the quarter has been completed or the reason for any delay, to the Ombudsman Program mailbox ([email protected]) with a copy to the K/T AAA.

F. The Contractor shall have written reporting procedures specific to each program. K/T AAA will provide procedures and/or provide guidance and approved methodologies for these procedures; and will approve all procedures:

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1. Collection and reporting of program data for the Contractor and subcontractor

2. Ensuring accuracy of all data from the Contractor and subcontractor

3. Verification of Contractor and subcontractor data prior to submission to the K/T AAA Data Team.

4. Procedures for the Contractor and subcontractor on correcting data errors.

5. A methodology for calculating and reporting:
a. Total estimated unduplicated clients in each non-registered service. b. Total estimated unduplicated clients in all non-registered services. c. Total estimated unduplicated clients across all registered and nonservices; and

6. Performance data monitoring process
G. The Contractor shall orient and train staff and subcontractor’s staff regarding program data collection and reporting requirements. The K/T AAA Data Team will be available to provide guidance for data collection training The Contractor shall have cross-trained staff in the event of planned or unplanned prolonged absences to ensure timely and accurate submission of data.

H. Reporting Provisions Specific to Title VII : Elder Abuse Prevention

1. The Contractor shall complete and submit the Elder Abuse Prevention Quarterly Activity Report (CDA 1037) to the K/T AAA. The K/T AAA shall be responsible for submitting it to the State Ombudsman, no later than 30 days following the end of each quarter.

2. The Contractor shall also enter the quarterly aggregate number of ‘Elder Abuse Prevention, Education and Training Sessions’ and ‘Elder Abuse Prevention Educational Materials’ into CARS on a quarterly basis.

3. The Contractor shall also report in CARS the total Elder Abuse Prevention, Education and Training sessions and Elder Abuse Prevention, Education Materials from the Elder Abuse Prevention Quarterly Activity Report.

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Kings/Tulare Area Agency on Aging 15 Agreement No: K/T AAA 24/25-05

ARTICLE III: CONTRACT AWARD AND UNITS OF SERVICE
Contractor agrees to provide all services contracted in the agreement in compliance with the terms of the Memorandum of Understanding between K/T AAA and the California Department of Aging, effective July 1, 2024 through June 30, 2029, attached hereto, as well as the associated Program Guide, which will be updated on a regular basis found at https://aging.ca.gov/download.ashx?lE0rcNUV0zYxSfhqitYEoQ%3d%3d. In the event that the terms of this agreement conflict with the terms of the MOU or Program Guide, the terms of the MOU and Program Guide shall prevail.

TOTAL FUNDING AWARD: $289,833

FUNDING AWARDED BY SERVICE CATEGORY
TITLE III C-1: CONGREGATE NUTRITION Funding: $101,740
Activity Measure Contracted Units
Congregate Meals # of Meals 9,000
Nutrition Education # of Sessions per participant 550
TITLE III C-2: HOME DELIVERED NUTRITION Funding: $188,094 Activity Measure Contracted Units
Home Delivered Meals # of Meals 45,000
Nutrition Education # of Sessions per participant 1,750 ARTICLE IV: HIPAA REQUIREMENT
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) A. Definitions: Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the Privacy Rule.

1. Business Associate shall mean CONTRACTOR.

2. Covered Entity shall mean K/T AAA (Kings/Tulare Area Agency on Aging).

3. Individual shall have the same meaning as the term “individual” in 45 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

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4. Privacy Rule shall mean the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

5. Protected Health Information shall have the same meaning as the term “protected health information” in 45 CFR 164.501, limited to the information created or received by Business Associate from or on behalf of Covered Entity.

6. Required by Law shall have the same meaning as the term “required by law” in 45 CFR 164.501.

7. Secretary shall mean the Secretary of the Department of Health and Human Services or his designee.

B. Obligations and Activities of CONTRACTOR

1. CONTRACTOR agrees to not use or disclose Protected Health Information other than as permitted or required by the Agreement or as Required by Law.

2. CONTRACTOR agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement.

3. CONTRACTOR agrees to mitigate, to the extent practicable, any harmful effect that is known to CONTRACTOR of a use or disclosure of Protected Health Information by CONTRACTOR in violation of the requirements of this Agreement.

4. CONTRACTOR agrees to report to K/T AAA any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware.

5. CONTRACTOR agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by CONTRACTOR on behalf of K/T AAA agrees to the same restrictions and conditions that apply through this Agreement to CONTRACTOR with respect to such information. CONTRACTOR agrees to provide access, at the request of K/T AAA, and in the time and manner requested by K/T AAA, to Protected Health Information in a Designated Record Set, to K/T AAA or, as directed by K/T AAA, to an Individual in order to meet the requirements under 45 CFR 164.524.

6. CONTRACTOR agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the K/T AAA directs or agrees to pursuant to 45 CFR 164.526 at the request of K/T AAA or an Individual, and in the time and manner requested by K/T AAA.

7. CONTRACTOR agrees to make internal practices, books, and records, including policies and procedures and Protected Health Information, relating to the use and

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Kings/Tulare Area Agency on Aging 17 Agreement No: K/T AAA 24/25-05

disclosure of Protected Health Information received from, or created or received by CONTRACTOR on behalf of, K/T AAA to the K/T AAA, in a time and manner requested by K/T AAA for purposes of determining CONTRACTOR’S and/or K/T AAA’S compliance with the Privacy Rule.

8. CONTRACTOR agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for K/T AAA to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

9. CONTRACTOR shall provide to K/T AAA or an individual, in time and manner designated by K/T AAA, information collected in accordance with Title 45, CFR, Section 164.528, to permit the Department to respond to a request by the individual for an accounting of disclosures of PHI in accordance with Title 45, CFR, Section 164.528
C. General Use and Disclosure Provisions:

Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information on behalf of, or to provide services to, K/T AAA, if such use or disclosure of Protected Health Information would not violate the Privacy Rule if done by K/T AAA or the minimum necessary policies and procedures of the K/T AAA.

D. Specific Use and Disclosure

1. Except as otherwise limited in this Agreement, CONTRACTOR may use Protected Health Information for the proper management and administration of the CONTRACTOR or to carry out the legal responsibilities of the CONTRACTOR.

2. Except as otherwise limited in this Agreement, CONTRACTOR may disclose Protected Health Information for the proper management and administration of the CONTRACTOR, provided that disclosures are Required By Law, or CONTRACTOR obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and the person notifies the CONTRACTOR of any instances of which it is aware in which the confidentiality of the information has been breached.

3. Except as otherwise limited in this Agreement, CONTRACTOR may use Protected Health Information to provide Data Aggregation services to K/T AAA as permitted by 42 CFR 164.504(e)(2)(i)(B).

4. CONTRACTOR may use Protected Health Information to report violations of law to appropriate Federal and State authorities consistent with § 164.502(j)(1)

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E. Obligations of K/T AAA

1. K/T AAA shall notify CONTRACTOR of any limitation(s) in its notice of privacy practices of K/T AAA in accordance with 45 CFR 164.520, to the extent that such limitation may affect CONTRACTOR’S use or disclosure of Protected Health Information.

2. K/T AAA shall notify CONTRACTOR of any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect CONTRACTOR’S use or disclosure of Protected Health Information.

3. K/T AAA shall notify CONTRACTOR of any restrictions to the use or disclosure of Protected Health Information that K/T AAA has agreed to in accordance with 45 CFR 164.522, to the extent that such restriction may affect CONTRACTOR’S use or disclosure of Protected Health Information.

F. Permissible Requests by K/T AAA:

Except as otherwise provided herein, K/T AAA shall not request CONTRACTOR to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by K/T AAA
G. Miscellaneous

1. Regulatory References. A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended.

2. Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for K/T AAA to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1996, Pub L. No. 104-191.

3. Survival. The respective rights and obligations of CONTRACTOR under this Exhibit shall survive the termination of this Agreement.

4. Interpretation. Any ambiguity in this Agreement shall be resolved to permit K/T AAA to comply with the Privacy Rule.

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EXHIBIT B: PROGRAM SCOPE OF WORK
This Exhibit includes a general description of K/T AAA services. Contractor is only responsible for services specified in Exhibit A, Article III.

SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (REQUIRED)

INFORMATION AND ASSISTANCE
I. Program Goal
To provide individuals aged 60 years or older with current information on opportunities and services available to the individuals within their communities, including information relating to assistive technology; assess the problems and capacities of the individuals; link the individuals to the opportunities and services that are available; and ensure (to the extent practical) individuals receive the services needed, and are aware of the opportunities available, by establishing adequate follow-up procedures.

II. Unit of Service
One (1) Contact qualifies as one (1) Unit of Service
• Information: To give information about resources, programs, and services. (Does not include facilitating appointments or other arrangements between the consumer and service provider). Calling an agency to request information about its locations or hours of operation, etc., would not be counted as a service unit. • Referral: Screening inquirers to identify needs and appropriate resources, indicating organizations capable of meeting those needs; helping callers for whom services are unavailable by locating alternative resources and, if necessary, actively participating in linking the inquirer to needed services.
• Follow-Up: Determining the outcome of a referral by contacting the consumer and/or the organization to which he/she was referred. Follow-up must be performed within 30 days of referral.

III. Area to Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Scope of Service
A. Provide comprehensive assessment and referral services to older persons with social and health needs.

B. Develop and maintain a comprehensive list of resources available for seniors within Kings County in accordance with Title 22 CCR, Div. 1.8, Chapter 4.(1), Article 2, § 7531. The Resource List shall contain information on available community resources including information on assistive technology.

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C. Maintain a close working relationship with service providers and an ongoing referral relationship through outreach and follow-up reporting.

D. Accessibility
• Be accessible to older individuals with disabilities
• Be conveniently located to public transportation and have parking available in the vicinity
• Be open during established hours of operation, as negotiated with the K/T AAA.
• Be equipped with a telephone system, office equipment and furniture • Provide the older individual with the requested I&A service(s) no later than one working day after the individual's visit to the I&A facility.

E. Confidentiality
• Provide privacy when interviewing individuals to ensure confidentiality of information.

LEGAL SERVICES
I. Program Goal
To provide legal information, advice, counseling and representation by an attorney or other person acting under the supervision of an attorney, who is a member of the California State Bar. The goal of legal services is to ensure the rights and entitlement of older persons by providing or securing legal assistance.

II. Unit of Service
1 Hour is counted as (1) Unit of Service
• Legal Assistance: To provide legal information, advice, counseling, administrative representation, and judicial representation to an individual or to a group by an attorney.
• Community Education/Advocacy: To educate groups of older persons, their families, friends, and community organizations/facility staff on rights, benefits, and entitlements for older persons either residing at home or living in an institutional setting.

III. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Scope of Service
A. Implement a plan to provide legal services and community education/advocacy that include the following service areas:
• Income maintenance (SSI and Social Security)
• Health care (Medi-Cal, Medicare, Qualified Medicare Beneficiary (QMB), long term care issues, and private health insurance. Includes coordinating

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assistance to clients with the Health Insurance Counseling and Advocacy Program (HICAP)
• Housing (tenant rights, evictions, foreclosures)
• Elder abuse (financial, physical, emotional)
• Incapacities (managing affairs, counseling, Durable Power of Attorney/health care)
• Counseling on Wills and estate planning
• Other legal services as appropriate.

B. Legal services provider shall, with the approval of the K/T AAA, set priorities for the categories of cases for which it will provide legal representation in order to concentrate on older persons with the greatest economic need. The provider will give preference to those seniors with no other options, provided needed legal services are within the service areas above.

C. The Legal Services plan must include provision of legal services:
• At out-stations in the community (e.g., senior centers, senior housing complexes, nutrition sites, etc.)
• To institutionalized, isolated and homebound elderly
D. Legal services must be provided in compliance with the statewide standards for legal assistance as promulgated by the California Department of Aging. For additional information please go to:
(http://www.aging.ca.gov/PM/PM05-19(P)/PM05-19(P).pdf)
E. Ensure service quality and maintain professional standards by:

1. Establishing a system of filing, record keeping, docket control and updating case activities;

2. Providing for the supervision of legal workers by an attorney;

3. Establishing a system of review to evaluate the quality of legal work, determine what pertinent issues have been identified, to assure the timely handling of cases, and to ensure that clients are involved in establishing case objectives and are kept informed of developments in the case.

4. Setting optimum caseloads for legal workers based on their experience and specialization;

5. Providing training for legal workers based on responsibilities and skills; and

6. Ensuring the confidences of clients are preserved from unauthorized disclosure.

F. Coordinate advocacy efforts with the state-designated Long Term Care Ombudsman Program.

G. Make efforts to involve the private bar in legal assistance activities.

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Kings/Tulare Area Agency on Aging 22 Agreement No: K/T AAA 24/25-05

OUTREACH
I. Program Goal
Outreach: Interventions (one-on-one contact) with individuals initiated by an agency or provider for the purpose of identifying potential clients (or their age 60+ caregivers) and encouraging their use of existing services and benefits II. Unit of Service
One (1) Service Unit = 1 Contact
III. Area to Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Scope of Service
A. Implement a plan to provide outreach to older individuals, specifically the target population, of ways in which to access available services.

B. Develop a system of counting the number of individual clients served. Examples include keeping track of the number of fliers handed out at a health fair event.

SENIOR CENTER ACTIVITIES
I. Program Goal
Provide activities designed to enable older individuals to attain and/or maintain physical and mental well-being. Activities must be provided at Senior Congregate Meal locations, and may also be offered at other locations.

II. Unit of Service
One (1) Service Unit = One Hour. A one hour session of a given activity provided to a group of 10 persons qualifies as 10 Service Units.

III. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Scope of Service
A. Provide activities such as recreation, music, dancing, creative arts, physical activity, education, and leadership development.

B. Exercise classes and bingo, activities currently provided through the K/T AAA, are of the participants’ favorites. The K/T AAA encourages providers to seek participant recommendations of preferred activities, and supports new and innovative activities.

C. Entertainment costs such as tickets to shows or sporting events, meals, lodging, rentals, transportation and gratuities are not allowable.

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Kings/Tulare Area Agency on Aging 23 Agreement No: K/T AAA 24/25-05

TRANSPORTATION
I. Program Goal
To secure or provide transportation to assist older persons in obtaining essential services II. Unit of Service
One-way trip qualifies as one (1) Service Unit
Transportation is provision of a means of transportation for a person who requires help in going from one location to another. Does not include any other activity.

III. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Scope of Service
A. Provide one-way trips for low-income seniors for medical and supportive services access.

B. Service may include the use of subsidized taxi, ADA paratransit rider subsidy, and the purchase of public transit bus passes.

C. Work with the K/T AAA transportation coordinator in developing long-term solutions to transportation gaps in the County.

SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (CATEGORY A) I. Program Goal
To provide supportive services to seniors 60 years of age or older that help to maintain or improve their physical, psychological, and social well-being.

II. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

III. Program Description - Supportive Services
A. Personal Care, Homemaker, and Chore programs provide assistance for individuals who otherwise could not remain in their homes. • Personal Care: Providing personal assistance, stand-by assistance, supervision or cues, (such as with eating, bathing, toileting, transferring in/out of bed/chair, walking, dressing, grooming).
• Homemaker: Providing assistance with preparing meals, shopping for personal and household items, managing money, using the telephone or doing light housework.

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• Chore: Providing assistance with heavy housework, yard work or sidewalk and other home maintenance for a person
One (1) Service Unit = 1 Hour
B. Residential Repairs/Modifications: providing repairs or modifications of homes that are necessary to facilitate the ability of older individuals to remain at home.
• Providing minor repair/renovations in order to meet safety, health issues, and code standards.

One (1) Service Unit = 1 modification
C. Telephone Reassurance: Contacting clients by telephone to provide reassurance, safety checks and support to older individuals.

One (1) Service Unit = 1 Contact
D. Visiting: Conducting home visits to clients to provide reassurance, safety checks and support older individuals.

One (1) Service Unit = 1 hour
SCOPE OF WORK: TITLE III-B: SUPPORTIVE SERVICES (CATEGORY B) I. Program Goal
To provide supportive services to seniors 60 years of age or older that help to maintain or improve their physical, psychological, and social well-being.

II. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

III. Program Description - Supportive Services
A. Assisted Transportation: Providing assistance and transportation, including escort, to a person who has difficulties (physical or cognitive) using regular vehicular transportation.

One (1) Service Unit = 1 one-way trip
B. Cash/Material Aid: Providing and arranging assistance for participants in the form of commodities, surplus food distribution, emergency cash assistance, and vouchers.

One (1) Service Unit = 1 Assistance

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C. Community Education: Providing education services to groups of older persons, their families, friends, and community organizations/facility staff about rights, benefits, entitlements, and health and wellness information for older persons either residing at home or in an institutional setting.

One (1) Service Unit = 1 Activity
D. Personal Affairs Assistance: Provides assistance in writing letters and with the completion of financial forms, including tax forms, and other written or electronic documents.

One (1) Service Unit = 1 Contact
E. Personal/Home Security: Providing services for the security and safety of the home environment of older individuals including safety features such as: medical alert, alarms, assistive devices (including provision of assistive technology services and devices).

One (1) Service Unit = 1 Product
F. Public Information: Contacting multiple current or potential clients or caregivers through publications, publicity campaigns, and other mass media campaigns including Internet websites.

One (1) Service Unit = 1 Activity
SCOPE OF WORK: TITLE III-C: SENIOR NUTRITION SERVICES
This Scope of Work contains the measurable objectives mandated by the Kings/Tulare Area Agency on Aging (K/T AAA) and the California Department of Aging (CDA) required of the Senior Nutrition Program (SNP)
A full description of the senior nutrition program is available at:

California Code of Regulations; Title 22; Div.1.8; Chapter 4; Article 5 http://www.calregs.com/linkedslice/default.asp?SP=CCR-1000&Action=Welcome I. Program Goal
The goal of the Senior Nutrition Program is to provide nutrition services to individuals sixty (60) years or older that promote physical, psychological and social well-being, and reduce isolation through programs coordinated with nutrition-related supportive services.

II. Unit of Service
Congregate Nutrition: One (1) meal is counted as one (1) Service Unit Home-Delivered Nutrition: One (1) meal is counted as one (1) Service Unit

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Senior Center Activity: One (1) hour provided to one (1) person is counted as (1) Service Unit. (i.e. 1 hour of bingo with 50 persons = 50 hours or 50 service units)
III. Area To Be Served
Congregate Meal Services must be provided, at a minimum, in the following Tulare County communities:
• Cutler-Orosi
• Earlimart
• Exeter
• Goshen
• Lindsay
• Porterville
• Woodlake
Contractor has the option to provide nutrition services at the following Tulare County location:
• Farmersville
If the contractor chooses to provide services in Farmersville, Title III-C funds may only be used for providing meals to non-Farmersville residents who attend the Farmersville nutrition site. Title III-C funds may not be used to cover any other direct or indirect costs associated with providing services in this location.

Home Delivered Meals shall be provided throughout the Tulare County excluding the City of Tulare, based on assessed needs of clients.

IV. Scope of Services
A. Eligibility for Nutrition Services

1. Congregate Meals – Individuals eligible to receive a meal at a congregate nutrition site are:
• Any older individual
• The spouse of any older individual
• A person with a disability, under age sixty (60) who resides in housing facilities occupied primarily by older individuals at which congregate nutrition services are provided.
• A disabled individual who resides at home with and accompanies an older individual who participates in the program

2. Volunteer Meals – A volunteer under age sixty (60) may be offered a meal if doing so will not deprive an older individual of a meal.

3. Home-Delivered Meals – Individuals eligible to receive a home-delivered meal are:

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a. Any older individual who is frail, as defined below, and homebound by reason of illness, disability, or isolation:
“Frail” means that an older individual is determined to be functionally impaired because the individual either:
1) Is unable to perform at least two (2) activities of daily living, including bathing, toileting, dressing, feeding, breathing, transferring and mobility and associated tasks, without substantial human assistance, including verbal reminding, physical cueing or supervision.
2) Due to a cognitive or other mental impairment, requires substantial supervision because the older individual behaves in a manner that poses a serious health or safety hazard to the individual or to others.
b. A spouse of a person in sub-section (a.1) above, regardless of age or condition, if an assessment concludes that it is in the best interest of the homebound older individual.
c. An individual with a disability who resides at home with older individuals if an assessment concludes that it is in the best interest of the homebound older individual who participates in the program.
d. Priority shall be given to older individuals in sub-section (a.1) above.

B. Requirements for Nutrition Services

1. Congregate Meals
a. Each Congregate Meal Provider shall:
1) Not preclude the service of a meal to a participant who has failed to make a reservation when food is available.
2) Ensure that a Client Intake Sheet (provided by K/T AAA) is completed for each participant on the first day of service and annually thereafter.
3) Ensure that a Nutritional Risk Assessment (provided by K/T AAA) is completed for each participant on the first day of service and annually thereafter.
4) Maintain appropriate documentation on each client.

Documentation shall be kept on file to be monitored by K/T AAA.
b. Each Congregate Meal site shall meet all of the following:
1) Have a paid staff or volunteer designated to be
responsible for the day-to-day activities at each site, and physically be on-site during the time that SNP
activities are taking place.

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2) Have restrooms, lighting, and ventilation, which meet the requirements of CRFCL.
3) Have equipment, including tables and chairs that are sturdy and appropriate for older individuals. Tables
shall be arranged to assure ease of access and
encourage socialization.

2. Home-Delivered Meals
a. Determine the level of need for home-delivered nutrition services of each eligible participant.
1) Ensure that a Client Intake Sheet (provided by K/T
AAA) is completed for each participant on the first day of service and quarterly thereafter. An initial
determination of eligibility may be accomplished by
telephone. Subsequent quarterly contact to complete
the Intake Sheet is primarily to determine if there have been changes in the participant’s living situation and
level of need. Quarterly contact must be made in the
home of the client at least every other quarter, and
intervening quarterly contacts made by telephone.
2) Ensure that a Nutritional Risk Assessment (provided by K/T AAA) is completed for each participant at
initiation of services and annually thereafter. Annual
reassessment should coincide with the quarterly contact being made to update the client’s Intake Sheet, in the
home of the client. Participants in need of nutritionrelated supportive services should be referred as necessary.
b. Provide written instructions, in the language of the majority of the participants, for handling and re-heating of the meals. c. Establish a waiting list for home-delivered meals whenever the home-delivered meal providers are unable to provide meals to all eligible individuals. The decision to place eligible recipients of a home-delivered meal on a waiting list, and their position on such a list, shall be based on greatest need and-or in accordance with policy established by the home-delivered meal provider, in consultation with K/T AAA.
d. Provide home-delivered meals in pre-packaged divided trays (hot or frozen meals).
e. Maintain appropriate documentation on each client.

Documentation shall be kept on file to be monitored by K/T AAA.

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C. Nutrition Education Services

1. Nutrition Education shall be provided a minimum of four (4) times per year to participants in congregate and home-delivered meal programs. a. Nutrition Education for congregate sites is defined as demonstrations, presentations, lectures or small group discussions, all of which may be augmented with printed materials.
b. Nutrition Education for home-delivered meal participants may consist solely of printed material that is in conjunction with a congregate meal Nutrition Education presentation.
c. Nutrition Education materials will be developed and approved by the K/T AAA Registered Dietician (RD) and delivered to
congregate and home delivered meal participants by the
Contractor.
d. Service units shall be documented and reported to the K/T AAA.

2. Nutrition Education shall be based on the particular need of congregate and home-delivered meal participants.

D. Special Events
Provide as needed or required by K/T AAA special catered meals to senior groups and/or meetings at pre-designated locations. The K/T AAA will provide a minimum advance notice of not less than 10 days.

E. Requirements for Senior Center Activities
Provide activities designed to enable older individuals to attain and/or maintain physical and mental well-being. Activities must be provided at Senior Congregate Meal locations, and may also be offered at other locations. Funding is available through Title III-B for these activities. Refer to Title III-B Scope of Work (Attachment A-1) for details.

F. Staffing

1. Manager or Director
a. The SNP provider shall have a manager on staff who shall conduct the day-to-day management and administrative functions of the SNP, and either have at least one of the following qualifications:
1) Possess an associate degree in institutional food service management, or a closely related field, such as, but not limited to, restaurant management, plus two (2) years
experience as a food service supervisor, or,
2) Demonstrate experience in food service, such as, but not limited to, cooking in a restaurant, and within twelve (12) months of hire successfully complete a minimum of twenty

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(20) hours specifically related to food service management, business administration, or personnel management at a
college level. Prior to completion of meeting the hours, this individual’s performance shall be evaluated through quarterly monitoring by a registered dietitian, or
3) Two years experience managing food services. Such
experience shall be verified and approved by a registered dietitian prior to hire, or assuming the manager position.

2. Personnel – Paid Staff/Volunteers:
a. There shall be sufficient qualified paid staff or volunteer staff with the appropriate education and experience to carry out the requirements of the SNP. The total number of staff should be based on the method and level of services provided and size of the service area.
b. Contractor is encouraged to hire multi-lingual/multi-cultural staff to increase low-income and ethnic minority program participation in accordance with federal mandates.
c. Preference shall be given to hiring older individuals subject to the qualifications of the position.
d. Contractor shall recruit for vacant positions in an open and competitive application process free of discriminatory questions.

Written job descriptions for all paid and volunteer staff shall be maintained.
e. Contractor shall complete a written work performance evaluation on all paid and volunteer staff at least annually.
f. All paid staff that will be handling food must possess a current Food Handlers Card. Volunteers used routinely in the food service operation should also possess a current Food Handlers Card. g. At each facility, at least one person (paid staff or volunteer) who is routinely involved in the food service operation in some way must have a Food Safety Certificate.
h. Volunteers shall be recruited and used in any phase of the program operation where qualified.
i. Volunteers shall be screened and selected through a formal process that assesses their capabilities.
j. Volunteers that are paid through other job training programs are not considered volunteers and must be paid the agreed upon rate charged for regular paid staff.
k. The SNP Provider shall maintain a written Volunteer Policy that describes how volunteers are recruited, screened, what topics they

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are taught at orientation, and how often their performance is evaluated.

3. Registered Dietitian
a. The K/T AAA Registered Dietitian will provide assistance to the SNP Provider to establish and administer nutrition services in accordance with Section 339 of the OAA, and follow the general requirements in Title 22, Division 1.8, Section 7500.
b. The Registered Dietitian will provide the following activities to meet the mandated requirements:
1) At a minimum, quarterly inspection for safe food handling and sanitation practices of food facilities.
2) Review and approve the content of staff training prior to presentation.
3) Review and approve the cycle menus.
4) Provide input, review, and approve the Nutrition Education Plan prior to presentation.
5) Provide technical support and assistance as needed.

G. Staff Training Activities

1. A yearly written Staff Training Plan shall be developed, implemented, and maintained on file by the SNP Provider, as required in Title 22, Division

1.8, Section 7636.7 (c).

2. The K/T AAA Registered Dietitian shall review and approve the content of the Plan prior to its presentation.

3. The Staff Training Plan must identify who is to be trained, who will conduct the training, content of the training, and when it is scheduled.

4. A copy of the Staff Training Plan that has been approved by the K/T AAA’s Registered Dietitian must be submitted to K/T AAA by September 1st of the FY in which services are being provided. The K/T AAA approved Staff Training Plan must be kept on file.

5. A minimum of four (4) hours of staff training shall be provided annually for paid and volunteer food service staff, including congregate and homedelivered meal staff.

6. Training sessions shall be evaluated by those receiving the training.

7. The SNP Provider shall maintain documentation of each training session on file. Documentation includes, but is not limited to, sign-in sheets, agendas, handouts, and completed evaluations.

8. All staff, paid and volunteer, shall be oriented and trained to perform their assigned responsibilities and tasks. Training, at a minimum, shall include:

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a. Food safety, prevention of food borne illness, and HACCP principles.
b. Accident prevention, instruction on fire safety, first aid, choking, earthquake preparedness, and other emergency procedures. c. Elder Abuse Law and reporting procedures.

H. Senior Participants

1. Satisfaction Survey
a. The SNP Provider shall conduct a Client Satisfaction Survey at least annually. The Survey instrument must be approved by K/T AAA prior to its use, and all findings from the Survey must be used to improve services. The Provider must keep the completed Surveys and the tabulated results on file. A copy of the tabulated results must be submitted to K/T AAA by March 1st of the FY in which services are being provided.
b. The SNP Provider shall conduct Meal Satisfaction Surveys on a pre-designated frequency. The K/T AAA will provide assistance to the SNP Provider in establishing this process.

2. Complaint Procedures
The Contractor shall have a written Complaint Procedure for seniors who wish to file a complaint or grievance about the provision of services from the Contractor, pursuant to CCR Title 22, Section 7400. http://www.calregs.com/linkedslice/default.asp?SP=CCR-1000&Action=Welcome The Contractor will follow the K/T AAA complaint resolution procedures.

I. Menu Planning

1. Contractors will comply with all Meal Guidelines and Nutritional Requirements (refer to Section V of this Attachment)

2. A copy of the certified menu must be posted in a spot conspicuous to clients at each congregate site.

3. Copies of menus shall be made available to the participants upon request.

J. Food Procurement

1. Food procurement procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

2. All food shall be of good quality and shall be obtained from sources that conform to Federal, State, and local regulatory standards for quality, sanitation, and safety.

3. To the extent possible, providers are encouraged to participate in group food purchasing.

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4. A comparative cost analysis shall be performed either by the SNP Provider or its group purchasing organization on an on-going basis to obtain the highest quality food for the lowest price available.

K. Food Storage

1. Food storage procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

2. Adequate and suitable space free from vermin, dirt, and contamination or adulteration shall be provided for the storage of food and beverages, and cooking, serving, and eating supplies.

L. Food Production

1. Food production procedures shall comply with Title 22, CRFC standards, and HACCP best practices guidelines.

2. Food production and meal service shall be under the supervision of a trained staff in food service management to ensure food service sanitation and the practice of hygienic food handling techniques are followed. This person shall function with the advice of a Registered Dietitian.

3. Meals shall be served as indicated on the certified menus. In the event that a menu substitution must occur, the following procedure must be followed:
a. A Registered Dietitian must approve all menu substitutions. b. A Menu Substitution Form must be completed and signed by a Registered Dietitian.
c. The completed Menu Substitution form shall be kept on file for K/T AAA review.

4. Production Control
a. Production schedules or worksheets must be available in the food preparation area.
b. Food shall be prepared in sufficient quantities to serve all participants. Careful planning shall minimize the leftover food and prevent waste.
c. Standardized recipes shall be used to ensure consistency of quality and quantity and adherence to menu guidelines.
d. Appropriate utensils for correct and consistent portion control shall be available and used at each site.

5. Meal Service/Temperature Monitoring
a. All food for congregate sites shall be packaged and transported in a manner in which it is protected from potential contamination and maintains appropriate hot and cold food temperatures.

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b. Meals shall be served to seniors “offer versus serve” – meaning participants are to be given an opportunity to decline a menu item.

Food trays shall not be served ahead of time.
c. Temperature Checks
1) All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked daily
immediately prior to dispatch from the central kitchen. 2) All hot, cold, and frozen potentially hazardous meal components, including milk, shall be checked at satellite congregate sites upon delivery and at all congregate sites immediately before meal service.
3) The SNP Provider must have written procedures for
monitoring food temperature.
4) The SNP Provider must use a form to document food
temperatures daily (i.e. Food Temperature Log).
5) The SNP Provider shall have a staff member review the completed Food Temperature Logs at random a minimum
of every other month. If problems are discovered, an action plan must be developed to resolve the issue.
6) All completed Food Temperature Logs must be maintained on file for K/T AAA review.
d. To maintain quality in prepared foods, holding times shall be kept to a minimum. Long periods of holding hot foods diminishes the nutrient content and palatability of foods.
e. Holding time shall not exceed 4 hours between the end of production and the beginning of food service at the congregate site.

If prepared at the Congregate Meal site, holding time should not exceed 2 hours.
f. Milk and milk products shall be provided in individual, commercially filled containers, or shall be poured by a staff member directly from commercially filled bulk containers into the glass or cup from which it is consumed.
g. Single service utensils and tableware shall be used one time only and then discarded.
h. ‘Take home’ meals from a congregate meal site may be authorized only under limited circumstances. The SNP Provider must first develop a clear written policy and process for this contingency based on criteria established by the K/T AAA.

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M. Food Service Requirements

1. The SNP Provider shall maintain the following records at each nutrition site, and retain them for a pre-designated period.
a. Food Temperature Log – one should be available for congregate meals and one for home delivered meals if hot foods are delivered to the client
b. Cleaning Schedule.
c. Equipment Temperature Log – for all dish machines, refrigerators, and freezers.
d. Production Schedule – applicable only if food is cooked at the site.

2. The current Environmental Health inspection shall be available at the site for review.

3. Staff who are handling food shall possess a current Food Handlers’ Card that shall be available for review. Volunteers used routinely in the food service operation should also possess a current Food Handlers Card.

4. Meal delivery vehicles and meal delivery equipment shall be maintained to meet sanitary food standards for the delivery of food.

N. Program Requirements

1. Client Intake Sheets
a. The SNP Provider will ensure that each participant completes the Client Intake Sheet and Nutritional Risk Assessment form (provided by K/T AAA) to determine his or her level of nutritional risk.

Client Intake Forms shall be completed:
1) Congregate Meal Participants – at the beginning of
service and then annually thereafter for clients who
remain on the program.
2) Home-Delivered Meal Participants – at the beginning
of service and then quarterly thereafter for clients who remain on the program.

Nutritional Risk Assessment Forms shall be completed:
1) Congregate and Home-Delivered Meal Participants – at the beginning of service and then annually thereafter for clients who remain on the program.

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b. SNP Providers will enter quarterly and annual intake data into the CARS System in a timely manner, which will be defined by the K/T AAA during initial training.

2. Outreach/Marketing Activities
a. SNP Providers are required to provide outreach in the community through community organizations and other groups. All outreach and marketing activities shall be documented and kept on file for the annual monitoring visit conducted by K/T AAA.
b. SNP Providers shall develop and have handouts, brochures, and/or signs available in languages other than English and posted in locations such as churches, community service locations, and small stores serving the minority communities.

3. Emergency Procedures
a. SNP Providers shall have a written Emergency/Disaster Plan. b. Each nutrition site shall have an evacuation plan posted identifying the emergency exits and assembly areas.
c. Staff must be knowledgeable of emergency procedures. d. Where feasible and appropriate, SNP Providers shall make arrangements for the availability of meals to participants during a major disaster, as defined in 42 U.S.C., Chapter 68, Section 5122(2). Such arrangements shall be included in the
Emergency/Disaster Plan.

4. Donations and Confidentiality
a. An eligible individual who receives a meal shall be given the opportunity to contribute to the cost of the meal. The established suggested donation amount is $2.50 per meal.
b. Guests will pay actual cost for a meal.
c. A sign indicating the suggested donation for eligible individuals and for guests shall be posted near the contribution container at each congregate meal site.
d. The SNP provider shall inform Home Delivered Meal clients of the opportunity to contribute donations, and shall maintain a process for collecting donations from them.
e. No eligible individual shall be denied participation because of failure or inability to contribute. This shall be posted in a visible location.
f. The SNP Provider shall ensure that the amount of the eligible participant’s contribution is kept confidential.

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g. The SNP Provider shall establish written procedures to protect contributions and fees from loss, mishandling, and theft (i.e.

Contribution/Donation Procedures). Such Procedures shall be kept on file for K/T AAA review.
h. All contributions and fees shall be identified as program income and used to increase the number of meals served, to facilitate access to such meals, and to provide nutrition-related supportive services.

5. “No Soliciting” Sign
a. The SNP Provider shall ensure that a “No Soliciting” sign is posted on the door leading to the congregate nutrition site. No soliciting of any kind is permitted on the premises during the lunch hours for services or goods promoted by businesses.

6. Coordination
a. If applicable, develop a fair and equitable policy and procedure for referring participants to the appropriate transportation provider for securing public transportation to and from nutrition sites and have the policy available for review by K/T AAA.
b. Include the following statement on all advertising, brochures, poster, etc., “Funding for this service has been provided by the Kings/Tulare Area Agency on Aging through a grant award from the California Department of Aging”
c. Coordinate service with other County departments and local agencies by providing time for presentations or special activities that promote a community based system of care for the participants attending nutrition sites.

V. Nutritional Requirements and Meal Guidelines
The contractor will need to ensure that the meal provider vendors are meeting the following guidelines and requirements. The K/T AAA registered dietician will assist the contractor with this requirement.

Guidelines and Requirements
When planning meals, the Older American’s Act (Section 339), the California Daily Food Guide and the Dietary Guidelines for Americans (DGA) are to be considered. http://www.aoa.gov/AoARoot/AoA_Programs/OAA/oaa_full.asp#_Toc153957702 http://www.dhcs.ca.gov/formsandpubs/publications/Pages/CFGTableofContents.aspx http://www.cnpp.usda.gov/DGAs2010-PolicyDocument.htm
A. Each daily meal pattern shall meet the minimum one-third (1/3) of the Dietary Reference Intake (DRI) requirements.

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B. Menus must be written for at least a 5-week cycle and should be modified seasonally.

C. Health, cultural, ethnic, and regional dietary practices shall be considered in menu planning, food selection, and meal preparation.

D. When preparing the meals, the use of complex carbohydrates and high fiber foods should be increased, and the use of high fat and high sodium foods, such as meal flavorings, stocks, low-fat sauces, cheeses, and gravies, should be decreased.

E. Baking, boiling, and steaming of foods is strongly recommended over deep-frying.

F. Total fat intake should be kept between 20 to 35 percent of calories, with most fats coming from sources of polyunsaturated and monounsaturated fatty acids such as fish, nuts, and vegetable oil.

G. An average of 550-750 calories per meal should be provided.

H. The menu cycle must be reviewed and approved by K/T AAA’s Registered Dietitian. Menus should be submitted to the Registered Dietitian forty-five (45) days prior to the menu start date. Menus will be returned to the Provider at least fifteen (15) days prior to the menu start date.

I. Contractor shall provide a detailed nutritional meal analysis that complies with the dietary guidelines and DRI nutrition requirements as demonstrated by Table 1—Target Nutrients (below). Analysis shall be completed for each monthly meal plan and be reviewed and approved in advance by the K/T AAA dietitian. If a nutritional analysis is not feasible, then component menu planning may be used (reference Table 2, below).

Providers should focus on:
• Vitamin A
• Vitamin C
• Protein
• Fat
• Sodium
• Fiber
J. Not all nutrient guidelines will be met with each meal. However, areas that do not meet the requirements should be the focus of future menu revisions.

K. The following nutrients should be included in the analysis when the computerized nutrient analysis method is used: calories; protein; carbohydrates; total fat; saturated fat; total fiber; vitamins A, C, D, E, K,

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thiamin, riboflavin, niacin, B6, folate, and B12; calcium; chromium; copper; iron; magnesium; sodium; and zinc.

L. The California 1600-calorie component meal pattern has been developed to reflect the DGA requirements for those programs that are not using computerized nutrient analysis.

M. The ENP Provider has the discretion to allow occasional flexibility in planning requirements, with the approval of the K/T AAA dietician.

Fortified food products and combination dishes used in a menu may not match the meal pattern, but may provide for the required nutrient values.

For example, a fortified snack bar as a dessert could be used to boost the nutrient value of a boxed lunch or special occasion meal.

Meal Requirements (Components)
A. Protein - A minimum of 2.0 ounces of cooked, edible lean meat or alternative providing at least 14 grams of protein, such as meat, fish, poultry, legumes, eggs, or cheese.
• Ground beef shall not have a fat content in excess of 20% and may be used in entrees no more than twice a week.
• Roast meat, steak, or chops must be served once per week. • Poultry must be served a least once per week (necks or wings may not be used).
• Legumes such as lima, kidney, navy, black, pinto, or garbanzo beans, lentils, black-eyed peas, and soybeans should not be counted as both vegetable and protein and should be served as often as possible in accordance with participant acceptance. • Meats shall be fresh or frozen and shall have been slaughtered, processed, manufactured, and packaged in plants operated under the USDA Inspection Program and must bear an appropriate seal. • Minimum grading requirements for all grade cuts are as follows:
oBeef - USDA Choice
oLamb - USDA Choice
o Variety Meats - Grade No. 1 from USDA inspected plants o Poultry –USDA Grade “A”
o Fish/Seafood - Fresh or frozen, provided that frozen items are a nationally distributed brand, packed under continuous inspection of the US Department of Interior
oCheese - USDA Grade “A” non-processed cheese
oEggs - USDA or State Graded “A”
• Breaded food portions shall contain no more than one ounce of breading in addition to the 2 ounces protein portion required.

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Breaded food items shall be provided not more than once per week.
• Gravies and sauces served with entrée items must be prepared using a low-sodium base.

B. Vegetables – Fresh, frozen, or canned
• Each meal must contain a minimum of 1 - 2 half-cup servings. • Vegetables as a primary ingredient in soups, stews, casseroles, or other combination dishes should total ½ cup per serving.
• Same/like vegetables should not be served on more than two days per week.

Every effort should be made to serve different vegetables in each weekly meal package.
• Raw leafy vegetables (salads) should equal 1 cup if they are to be considered a serving.
• Canned vegetables shall be provided not more than twice per week.

C. Fruit – Fresh, frozen, or canned
• A serving of fruit equals:
o 1 medium-sized whole fruit
o ½ cup fresh, chopped, cooked , frozen, or canned drained fruit o ½ cup 100% fruit juice
• Fresh, frozen, or canned fruit should be packed in juice, light syrup, or without sugar.
• Canned fruit shall be provided not more than twice per week.

D. Bread/Grains – Bread, rice, or pasta
• Each meal must contain 1 - 2 servings of grains or enriched bread (1 oz) or bread alternate.
• Pasta or rice must contain a ½ cup serving portion. At least half of the daily intake of grains should be from whole grains. Grains that are processed (not whole) must be fortified.

E. Milk – Fortified skim, low fat, or buttermilk
• Each meal shall contain eight (8) ounces of fortified skim or low-fat milk, or buttermilk.
• Non-fat dry milk must not be reconstituted and repackaged as part of the meal package.

F. Dessert – Optional
• Dessert may be provided as an option to satisfy the caloric requirements or for additional nutrients.

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• Fruit should be used as a dessert as often as possible and sweets should be limited. The fruit, grains, and dairy products served as dessert can count towards the fruit, grain, or dairy requirements.

G. Condiments and Product Substitutes
• Sugar substitutes, pepper, herbal seasonings, lemon, vinegar, non-dairy coffee creamer, salt, and sugar may be provided but should not be counted as fulfilling any part of the nutritive requirements.
• Condiments such as salad dressings, ketchup, soy sauce, mustard, and mayonnaise do not need to be counted in a menu analysis if they are served “on the side” and are not combined with the food.

H. Sodium
• The commitment to reduce sodium in the meals stems from the fact that nutrition-related chronic diseases remain the primary cause of death among people aged 65 and older. California has a diverse population, and Nutrition Programs in the state provide culturally appropriate meals for many ethnicities. Asian meals traditionally have higher sodium levels. Programs that choose to provide culturally appropriate meals but are concerned with the sodium content of the meals may consider:
o Using low-sodium soy sauce or diluting soy sauce with water to produce low-sodium soy sauce;
o Offering soy sauce as a condiment to be added by the senior; o Providing Nutrition Education on sodium;
o Continuing to work with the sodium levels of meals, making small steps, to reduce the risk of developing kidney stones and possibly decrease bone loss with age;
o Not providing potassium chloride salt substitutes;
o Noting meals that have more than 1000 mg of sodium on the menu as such: “This meal contains more than 1000 mg of sodium,” or using an icon denoting a high-sodium meal; and
o Using low-sodium versions of high-sodium foods when available and feasible within budget allowances.

TABLE 1 – TARGET NUTRIENT
Nutrient Target Value Per
Meal
Daily Compliance Range
Calories >550 Kcal > 550-700 Kcal
Protein 14 grams 14 grams (in the entrée)
Fat (% of total calories) 30% <35% weekly average
Vitamin A (ug) 250 ug >250 ug 3 out of 5 days/wk
Vitamin C (mg) 25 mg 25 mg
Vitamin B6 (ug) 0.5 mg >0.5 mg
Vitamin B12 (ug) ** 0.8 ug 0.8 ug**

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Calcium (mg) 400 mg >400 mg
Magnesium (mg) 140 mg >140 mg
Zinc (mg)** 2.6 mg >2.6 mg **
Sodium (mg) < 750 mg <1,200 mg (over, 1,000 place an icon on the menu
Fiber (gm) > 7 gm > 7 gm
Potassium (gm) ** 1565 mg 1565 gm**
Vitamin D 200 IU 200 IU
Vitamin E** 5 IU Education**
* Target Value: This value represents one-third of the DRI for a 1600-calorie range. The 1600- calorie range was chosen based on the requirements for a 70-year old sedentary female. ** If these elements are not provided to the level noted as a weekly average, the program must educate the participants on how to obtain these elements. This can be recognized from the weekly meal nutrition analysis.

Note: Fortified foods should be used to meet vitamin B12 needs.

TABLE 2 - COMPONENT MENU PLANNING
State of California Component Meal Pattern Required Elements Food Group Required servings per meal Serving sizes for 1600 calorie level Lean meat or beans 1 serving
2 ounces per meal
2 ounces = 1 serving
Vegetable 1 – 2 servings ½ cup = 1 serving
Fruit 1 serving ½ cup = 1 serving
Bread or Grain 1 – 2 servings 1 slice Bread = 1 serving ½ cup of rice or pasta = 1 serving
Milk or milk alternate 1 serving 1 cup or equivalent measure Fat Optional
Dessert Optional - limit sweets, use
fruit
Select foods high in fiber and low in
fat and sugar
(1) The number of servings per meal estimates provision of 1/3 of the DRIs. (2) Caloric value (1,600 Kcal/day) based on a 70+ year old female, “sedentary" physical activity level using Table 2 - Estimated Caloric Requirements in Each Gender and Age Group at Three Levels of Physical Activity, from the Dietary Guidelines for Americans, 2005. (3) All menus that are provided through the Nutrition Services Incentive Program, whether prepared on-site, frozen, non-perishable, boxed, or catered, must meet the same requirements.

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SCOPE OF WORK: TITLE III-D: HEALTH PROMOTION/DISEASE

MANAGEMENT
I. Program Goal
To support healthy lifestyles and promote healthy behaviors. Evidence-based disease prevention and helath promotion programs reduce the need for more costly medical interventions. Priority is given to service elders living in medically underserved areas or who are of greatest economic need.

II. Unit of Service
One (1) contract is counted as one (1) Service Unit
III. Area To Be Served
Services must be provided within Tulare County, based on demands of the target population.

IV. Scope of Service
A. Contractor must provide a minimum of one (1) Evidence based program that has either:
i. Been approved by the U.S. Department of Health and Human Services (DHHS).

Included below are links to the DHHS-approved evidence-based programs • Administration on Community Living’s (ACL), Aging and Disability Evidence-Based Programs and Practices.
http://www.acl.gov/Programs/CIP/OCASD/ADEPP/index.aspx
• Center for Disease Control and Prevention’s(CDC), Compendium of Effective Interventions.
http://www.cdc.gov/homeandrecreationalsafety/Falls/compendium.html • Substance Abuse and Mental Health Services Administration’s (SAMHSA), National Registry of Evidence-Based Programs and Practices. http://www.nrepp.samhsa.gov/
• NIH’s Cancer Control Evidence-Based Portal, Research-tested Intervention programs. http://rtips.cancer/rtips/index.do
ii. Meet all the five criteria listed below from the ACL definition of evidence based:
• Have demonstrated through evaluation that they are effective for improving the health and well-being or reducing the disability and/or injury among older adults.

7.8 Consent Page 44

Kings/Tulare Area Agency on Aging 44 Agreement No: K/T AAA 24/25-05

• Have been proven effective with the older adult population, having used an Experimental or Quasi-Experimental Design.
• Have research/evaluation results that have been published in a peer-reviewed journal.
• Have been implemented previously at the community level (with fidelity to the published research) and shown to be effective outside a research setting. • Includes program manuals, guides, and/or handouts that are available to the public.

V. Evidence-Based Services
Effective July 1, 2016, Title III D funds shall only be used for health promotion programs that comply with ACL’s new evidence-based standards.

The Contractor shall select and deliver evidence-based disease prevention and health promotion services that comply with ACL’s new evidence-based program standards.

Therefore a written plan for selection and delivery of services must be submitted and approved by the K/T AAA prior to delivery of services.

SCOPE OF WORK: TITLE VII-B: ELDER ABUSE PREVENTION SERVICES I. Program Goal
To develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation (including financial exploitation) (42 U.S.C. 3058i, OAA Section 721).

For more information go to:
http://www.aoa.gov/AoA_programs/Elder_Rights/EA_Prevention/index.aspx II. Unit of Service
Elder Abuse Prevention Materials: One (1) product is counted as one (1) Service Unit Community Education /Training: One (1) session is counted as one (1) Service Unit III. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Scope of Service
A. Elder Abuse Prevention Materials

1. Educational materials and guidance kits distributed for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect and exploitation (including financial exploitation).

7.8 Consent Page 45

Kings/Tulare Area Agency on Aging 45 Agreement No: K/T AAA 24/25-05

B. Community Education/Advocacy/Training

1. Public education and outreach to identify and prevent elder abuse, neglect, and exploitation.

2. Public education and outreach to promote financial literacy and prevent identity theft and financial exploitation of older individuals

3. Training for individuals, including caregivers described in part E of Title III, professionals, and paraprofessionals, in relevant fields on the identification, prevention, and treatment of elder abuse, neglect, and exploitation.

SCOPE OF WORK: TITLE III-E: FAMILY CAREGIVER SUPPORT PROGRAM

FAMILY CAREGIVER INFORMATION SERVICES
I. Program Goal
To increase awareness of available services for caregivers of seniors 60 years of age and older, or individuals of any age with Alzheimer’s disease and related disorders.

For more information go to:
http://www.aoa.gov/aoa_programs/hcltc/caregiver/index.aspx II. Unit of Service
One (1) activity is counted as one (1) Service Unit
III. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Program Description – Information Services
A. Public Information on Caregiving: Providing information about available FCSP and other caregiver support resources and services by disseminating publications, conducting media campaigns, and maintaining electronic information systems (e.g., quarterly newsletter).

B. Community Education on Caregiving: Educating groups of current or potential caregivers and those who may provide them with assistance about available FCSP and other caregiver support resources and services (e.g., booth at a health fair).

FAMILY CAREGIVER ACCESS ASSISTANCE
I. Program Goal
To assist caregivers of seniors 60 years of age and older, or individuals of any age with Alzheimer’s disease and related disorders in gaining access to available services.

7.8 Consent Page 46

Kings/Tulare Area Agency on Aging 46 Agreement No: K/T AAA 24/25-05

For more information go to:
http://www.aoa.gov/aoa_programs/hcltc/caregiver/index.aspx II. Unit of Service
One (1) contact is counted as one (1) Service Unit
III. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Program Description – Access Assistance
A. Caregiver Outreach: Initiating one-on-one contacts with individuals to identify caregivers and encourage their use of existing caregiver support services (e.g., Caregiver InfoVan staff contacts outside of local market).

B. Caregiving Information and Assistance: (1) Providing caregivers with information on services available within the communities, including caregiving information related to assistive technology and caring for older individuals at risk for institutional placement. (2) Linking caregivers to the services and opportunities that are available within the communities. (3) To the maximum extent practicable, establishing adequate follow-up procedures (caregiver may remain anonymous and refuse follow-up contact).

C. Caregiver Interpretation / Translation: Providing bilingual communication assistance to a caregiver in order to access assistance and receive support for his or her caregiving responsibilities (e.g., staff interpreting dialogue between caregiver and care consultant staff translating an elder’s prescription drug label for his caregiver).

D. Caregiver Legal Resources: One-to-one guidance provided by an attorney (or person under the supervision of an attorney) in the use of legal resources and services when assisting a caregiver with caregiving-related legal issues.

FAMILY CAREGIVER SUPPORT SERVICES
I. Program Goal
To provide caregivers of seniors 60 years of age and older, or individuals of any age with Alzheimer’s disease and related disorders with counseling, peer support groups and training to help them better cope with the stresses of caregiving.

For more information go to:
http://www.aoa.gov/aoa_programs/hcltc/caregiver/index.aspx II. Unit of Service
One (1) hour is counted as one (1) Service Unit

7.8 Consent Page 47

Kings/Tulare Area Agency on Aging 47 Agreement No: K/T AAA 24/25-05

III. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Program Description – Support Services
A. Caregiver Assessment: Conducted by persons trained and experienced in the skills required to deliver the service that should result in a plan that includes emergency back-up provisions and is periodically updated; and will explore options and courses of action for caregivers by identifying their: (1) willingness to provide care; (2) duration and care frequency preferences; (3) caregiving abilities; (4) physical health, psychological, social support, and training needs; (5) financial resources relative for caregiving; and (6) strengths and weaknesses within the immediate caregiving environment and (caregiver’s) extended informal support system.

B. Caregiver Counseling: Provided to a caregiver by a person appropriately trained and experienced in the skills required to deliver the level of support needed for stress, depression, and loss as a result of caregiving responsibilities. This service (1) may involve his or her informal support system; (2) may be individual direct sessions and/or telephone consultations; and (3) may address caregiving-related financial and long-term care placement responsibilities.

C. Caregiver Peer Counseling: Provided by experienced volunteers on the condition that appropriate training and qualified supervision protocols are in place.

D. Caregiver Support Group: Provided to a group of 3 – 12 caregivers that is led by a competent facilitator; conducted at least monthly within a supportive setting or via a controlled access, moderated online or teleconference approach; for the purpose of sharing experiences and ideas to ease the stress of caregiving, and to improve decision-making and problem-solving skills related to their caregiving responsibilities.

E. Caregiver Training: Workshops or one-on-one individually tailored sessions, conducted either in person or electronically by a skilled and knowledgeable individual, to assist caregivers in developing the skills and gaining the knowledge necessary to fulfill their caregiving responsibilities; and address the areas of health, nutrition, and financial literacy.

F. Caregiver Case Management: Provided by a person who is trained and experienced in the skills that are required to coordinate and monitor the provision of formal caregiver-related services in circumstances where caregivers are experiencing diminished capacities due to mental impairment or temporary severe stress and/or depression.

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Kings/Tulare Area Agency on Aging 48 Agreement No: K/T AAA 24/25-05

FAMILY CAREGIVER RESPITE CARE
I. Program Goal
To provide temporary relief to caregivers of seniors 60 years of age and older, or individuals of any age with Alzheimer’s disease and related disorders.

II. Unit of Service
One (1) hour is counted as one (1) Service Unit
III. Area To Be Served
Services must be provided within Tulare County, based on demands of the targeted population.

IV. Program Description – Respite Care
A. Caregiver Respite In-Home Supervision: Providing care receiver day and/or overnight supervision and friendly visiting by an appropriately skilled provider or volunteer in order to prevent wandering and health or safety incidents.

B. Caregiver Respite Homemaker Assistance: Providing care receiver assistance with meal preparation, medication management, using the phone, and or light housework (along with care receiver supervision) by an appropriately skilled provider or volunteer.

C. Caregiver Respite In-Home Personal Care: Providing care receiver assistance with eating, bathing, toileting, transferring, and or dressing (along with care receiver supervision and related homemaker assistance) by an appropriately skilled provider.

D. Caregiver Respite Home Chore: An appropriately skilled provider or volunteer assisting a caregiver with heavy housework, yard work, and or sidewalk and other routine home maintenance (but not structural repairs) associated with caregiving responsibilities.

E. Caregiver Respite Out-of-Home Day Care: The care receiver attends a supervised/protective, congregate setting during some portion of a day, and includes access to social and recreational activities.

F. Caregiver Respite Out-of-Home Overnight Care: The care receiver is temporarily placed in a supervised/protective, residential setting for one or more nights, and may include access to nursing and personal care.

7.8 Consent Page 49
Staff Report
Meeting: City Council
Date: September 17, 2024
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Contract Amendment for PK0033 Zumwalt Park Project

RECOMMENDED ACTION
Authorize the City Manager or designee to sign a contract amendment for $23,000 with Lane Engineers of Tulare, CA, for additional construction surveying related to PK0033 Zumwalt Park Project.

SUMMARY
On September 9, 2023, the City Council approved a contract with Lane Engineers for $67,700 in construction surveying services for the redevelopment of Zumwalt Park. Lane Engineers of Tulare, 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.

FISCAL IMPACT & FUNDING SOURCE(S)
Project Continency - PK0033-050-0999

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 contract with Lane Engineers, the City will not have construction surveying, thus unable to provide exact field measurements for project improvements.

3. Table – Postponing the amendment to the contract with Lane Engineers would delay the project schedule.

Item #: 7.9
Consent

7.9 Consent Page 1

ATTACHMENTS

1. Lane Engineers amendment proposal
Reviewed/Approved:

7.9 Consent Page 2

7.9 Consent Page 3 ATTACHMENT 1
Staff Report
Meeting: City Council
Date: September 17, 2024
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Fiscal Year 2023 Annual Comprehensive Financial Report

RECOMMENDED ACTION
Review and accept the Annual Comprehensive Financial Report (ACFR) for Fiscal Year 2023.

SUMMARY
The Fiscal Year 2023 Annual Comprehensive Financial Report (ACFR) was performed by Price Paige & Company auditors. Attached is the finalized ACFR and related reports, including the audit communication letter, government audit standards report, and related management comment letter.

FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.

LEGAL REVIEW
This item does not require legal review.

ALTERNATIVE ACTION

1. Approve with changes

2. Deny

3. Table

ATTACHMENTS

1. Audit Communication Letter

2. Government Audit Standards Report

3. Management Comment Letter

4. Annual Comprehensive Financial Report
Reviewed/Approved:

Item #: 8.1
General Business

8.1 General Business Page 1
September 11, 2024
To the Honorable Mayor and City Council
City of Tulare, California
We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Tulare, California (the City) for the year ended June 30, 2023.

Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our engagement letter. Professional standards also require that we communicate to you the following information related to our audit.

Significant Audit Matters
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 to the financial statements. As described in Note 1 to the financial statements, The City adopted Statement of Governmental Accounting Standards (GASB Statement) No. 96, SubscriptionBased Information Technology Arrangements, in fiscal year 2023. Accordingly, the cumulative effect of the accounting change as of the beginning of the year is reported in the basic financial statements. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.

Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the City’s financial statements were:

Management’s estimate of the net pension liability and related deferrals is based on actuarial valuations.

We evaluated the methods, assumptions, and data used to develop the liability and related deferrals in determining that it is reasonable in relation to the financial statements taken as a whole.

Other postemployment benefit obligations are determined using terms of various healthcare plans offered, together with relevant actuarial assumptions and healthcare cost trend rates, projected annual rates and discount rates. We evaluated the key factors and assumptions used develop the other postretirement benefit obligation in determining that is it reasonable in relation to the financial statements taken as a whole.

Management’s estimate of depreciation is based on historic costs. We evaluated the methods, assumptions, and data used to develop the allowance for doubtful accounts in determining that it is reasonable in relation to the financial statements taken as a whole.

8.1 General Business Page 2 ATTACHMENT 1
Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users.

The most sensitive disclosure affecting the financial statements was:

The disclosure of Deficit Fund Balances in Note 13 to the financial statements provides information regarding the City’s funds which have liabilities that exceed their assets resulting in a deficit fund balance.

The financial statement disclosures are neutral, consistent, and clear.

Difficulties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management in performing and completing our audit.

Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The attached schedule, “Uncorrected Audit Differences” summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The uncorrected misstatements or the matters underlying them could potentially cause future period financial statements to be materially misstated, even though, in our judgment, such uncorrected misstatements are immaterial to the financial statements under audit. In addition, the adjustments noted in the “Corrected Material Audit Adjustments” attachment represent the material misstatements detected as a result of audit procedures that were corrected by management.

Disagreements with Management
For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report.

We are pleased to report that no such disagreements arose during the course of our audit.

Management Representations
We have requested certain representations from management that are included in the management representation letter.

Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the City’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants.

Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention.

In our audit engagement letter previously provided to you, we communicated the following significant risks of material misstatement (significant risks) as part of our audit planning:
 Management override of controls
 Improper revenue recognition due to fraud
During the course of the audit, we identified an additional significant risk:
• Incomplete, inaccurate, or otherwise improper implementation of GASB96.

These risks were addressed within our audit procedures and any findings related to these risks have been noted in our report dated September 11, 2024.

8.1 General Business Page 3
Other Matters
We applied certain limited procedures to the Management’s Discussion and Analysis, budgetary comparison schedules, schedule of the proportionate share of net pension liability, and the schedule of changes in net OPEB liability, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI.

We were engaged to report on the combining and individual nonmajor fund schedules, budgetary comparison schedules for nonmajor funds, schedule of expenditures by Department for the General Fund, Measure I Sales Tax Revenue and related Expenditures, and the schedule of long-term debt recorded in a private purpose trust fund, which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves.

We were not engaged to report on the introductory and statistical sections, which accompany the financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it.

Restriction on Use
This information is intended solely for the information and use of the City Council and management and is not intended to be, and should not be, used by anyone other than these specified parties.

Very truly yours,

8.1 General Business Page 4
Client: CITY OF TULARE
Engagement: 6-30-23 Audit
Current Period: 06/30/2023
Workpaper: Attachment: Uncorrected Audit Differences
Account Description Misstatement Workpaper Reference Debit Credit Net Income
Effect
Workpap
er ID
PJE01
Known
Misstatement RE300
To accrue the June 2023 SB1 revenues
022-3316-0120 ROAD MAINT & REHAB 0.00 132,519.00
022-0117-0003 TAXES RECEIVABLE 132,519.00 0.00
Total 132,519.00 132,519.00 132,519.00
PJE02
Projected
Misstatement D405
To post accrued interest related to TCTRA loan
009-0117-0001 INTEREST RECEIVABLE 56,250.00 0.00
009-0117-0001 INTEREST RECEIVABLE 0.00 56,250.00
Total 56,250.00 56,250.00 0.00
PJE03
Projected
Misstatement L695
To record proposed adjustment for REP pension plan
999-0204-0000 PENSION LIABILITY 0.00 1,786,558.00
999-0145-0000 DEFERRED OUTFLOW - PENSION 267,927.00 0.00 999-0225-0000 DEFERRED INFLOW - PENSION 0.00 5,187.00
999-4999-6000 Expenditure Offset - General Government 1,523,818.00 0.00 Total 1,791,745.00 1,791,745.00 (1,523,818.00)
GRAND TOTAL 1,980,514.00 1,980,514.00 (1,391,299.00)

Page 1 of 1 ends

Tulare City CouncilSeptember 17, 2024

Tulare City Council
September 17, 2024